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REGULAR MEETING OP THE ORONO.COUNCIL, JULY 28, 1980 <br />Cloutier made his application and contended that <br />the work underway was merely completing work <br />started in 1971 but never con^jleted. The Planning <br />^mmission reviewed the application on this basis. <br />Tne Planning Commission denied ^he guest house <br />conditional use permit and variance for work within <br />75 feet of the shoreline, finding no hardship to <br />of a non-conforming use and <br />inaoiiity to grant a variance to Section 31.101 <br />so that one non-conforming use (boat house) could <br />^ changed to another non-conforming use (guest <br />house). The net result of this finding, if upheld <br />by the Council, would be to cause removal of the new <br />framing and new furnace and to prohibit new water <br />and sewer connections, but to allow the existing <br />two-story structure to remain. <br />R^ker the Planning Commission meeting however, new <br />information was received which may be cause for total <br />removal of the structure because of a history of <br />continuing similar violations. <br />Unsolicited letters were received from neighbor <br />Wilbur Andersen and from retired building inspector <br />Mike Scheller. They state: <br />1.The original boat house was started without <br />permits, was constructed improperly, and in fact <br />collapsed before inspection by Mike Scheller. ' <br />2.The peimit issued in 1971 was never intended to <br />cover anything except a one-story 20* X 30' boat <br />house capped with an open deck. All second story <br />work has therefore been done without authority <br />soTCtime between Mr. Scheller's final inspection <br />and March, 1980. <br />^ m <br />Page‘16 <br />CONDITIONAL USE PERM] <br />2480 Casco Point Roac <br />(Continued) <br />In addition, the 1980 assessed fair market value of <br />the total building is $1,200. Section 31.106 requires <br />removal of any non—conforming structure with an <br />assessed value of $3,000 or less Within 36 months of <br />January 1, 1975 or no later than January 1, 1978. <br />A 1978 Minnesota Supreme Court case also involving an <br />unpermxtted addition of a second story to a non-conforming <br />boat house upheld an injunction ordering compli^in’^*; <br />with the ordinance that prohibits such constr.^ct,A:»n, <br />i.e.; removal of the non-conforming portion t*f the* <br />structure. That ordinance permits single stcyy it <br />houses, ours does not. <br />Therefore, in concurrence with the Planning Commission <br />and in light of the new information, I recommend denial <br />of the requested conditional use permits and variances, <br />and I further recommend ordering removal of all second <br />story construction which has never been permitted, and <br />consideration of an order to remove the entire structure <br />consistent with Section 31.106.(Continued)