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July 24, 1980 <br />#555 Cortlen Cloutier <br />2480 Casco Point Road <br />Conditional Use Permit 6 variance <br />Page 2 <br />#555 <br />Unsolicited letters were received from neighbor Wilbur Anderson and <br />from retired building inspector Mike Scheller. They state: <br />1. The original boat house was started without permits; <br />was constructed improperly and infact collapsed before <br />inspection by Scheller. <br />2. The permit issued in 1971 was never intended to cover <br />anything except a one story 20 X 30 boat house capped with <br />an open deck. All second story work has therefore been <br />done without authority sometime between Scheller*s final <br />inspection and March, 1980. <br />In addition, the 1980 assessed fair market value of the total building <br />is $1,200. Section 31.106 requires removal of any non-conforming <br />structure with an assessed value of $3,000 or less within 36 months <br />of January 1, 1975, or no later than January 1, 1978. <br />A 1978 Minnesota Supreme Court case also Involving an unpermitted addition <br />of a second story to a non-conforming boat house upheld an injunction <br />ordering compliance with the ordinance that prohibits such construction, <br />i.e.t removal of the non-conforming portion of the structure. That <br />ordinance permits single story boat houses, our does not. <br />Therefore, in concurrence with the Planning Commission and in light of <br />the new information, I recommend denial of the'requested conditional <br />use permits and variances, and I further recommend ordering removal of <br />all second story construction which has never been permitted, and <br />consideration of an order to remove the entire structure consistent with <br />Section 31.106. <br />If for some reason, there is shown to be cause for allowing some work <br />to remain, th3 Council would have to make the following findings and <br />approvals, none of which have been made: <br />1. To keep a single story boathouse only: <br />a) find that value exceeded $3,000 as of 1-1-75, and <br />notify assessor of change <br />b) approve conditional use permit for a non-conforming <br />use as of 1-1-75, Section 32.480 <br />2. To keep any second story shell, without dwelling capability: <br />a) find that it existed before 1-1-75 <br />1 <br />.ji