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6 Statement of Hardship 1214 Wildhurst Trail, Orono Minnesota We have determined hardship due to the building errors created by Innovative Remodeling. •••• In spring of 2002 the Weatherly ’s purchased 1214 Wildhurst Trail to renovate for their home. The Weatherlys hired Innovative Remodeling to design and build the renovation. They asked Innovative to assess the soundness of the home and were given a letter by a structural engineer stating that the house was sound. A remodeling plan vws developed utilizing the existing basement and first floor of the home and adding a second story. Construction started in May 2002 and not long after. In early June, the Weatherlys were told that upon further investigation, the basement was not sound due to the fact that footings were either non-existent or not to code on the lakeside of the home. They were Informed that a second story should not be added and in fact, the entire structure would have to be tom down. The Weatherlys were unhappy with the situation but proceeded with the totally new structure because they felt they had no choice due to the extent of the demolition thus far. Innovative Remodeling demolished the structure and constructed a new basement. The continuing construction was plagued by similar miscommunication and cost overruns. In the fall of 2002 the Weatherlys asked Innovative to put the project on hold for two v/eeks while they assessed their options. At that time. Innovative Remodeling left the job and did not return. In November, Sharratt Design & Company and Robert Craig Homes were brought into the project to continue the work. At the start of their involvement, Sharratt Design & Co. contacted Orono Building Inspections to discuss the project and the status of the work that had been inspected up^ to that time. SDC was informed by Lyle that Bruce had found the roof overhang to be 6" over the permitted setback and presented a setback problem. SDC further discovered that the roof overhang extends a total of 12" into the permitted setback. As part of the continuing work. SDC designed a new attached garage for the project. SDC met with the Planning Department to design a conforming structure. Plans were given to the building department for a new permit. Because the garage v;as designed to go up to the setback line, the original sun/eyor was employed to locate the new structure for the block contractor. Upon laying out the new garage a problem was discovered: a discrepancy behveen the actual field conditions and the proposed survey. We determined that the surveyor had not been called to the site to locate ^e house when it was rebuilt by Innovative. The contractor had built the foundation into the setback on the north side of the building ranging between 2.5 ” to 6". The current survey included with our application shows the original conforming building location and the current building location. These unfortunate errors by Innovative Remodeling have produced a continued disruption for the neighborhood and a serious hardship for the Weatherlys and the City of Orono. t:-. ••• . ■* • • * * n ii 6^