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Mr. Patrick Wolfe <br />May 4, 1994 <br />Page 2 <br />• The fact that you had a boat house in the same location for many decades has <br />little bearing on the Citj ’s consideration of such structures. City codes are <br />designed to eliminate such structures within nehts-of-wav or near the lakcshore <br />as they deterwratc. Once the building was reiiKJved, it lost any "iKm-conlorming <br />structure’ status it may have had. <br />• Further, the fact that you used an existing ’foundation’ (in this case a <br />deteriorating slab) has little bearing, since per Section 10.55. Subdivision 26 (E), <br />"If any non-conforming use is destrosed by any means including floods to an <br />extent of 50% or more of its assessed value, it shall not be reconstructed c.xccpt <br />in conformity with the provisions of this section". Removal of the old shed <br />constituted a removal of more than 50% of its assessed value. <br />All of the above leads City staff to conclude that you have not made and cannot make a <br />legitimate variance application for this structure. A variance will ikm be granted for construction <br />of an accessory building on the City right-of-way. <br />The offending structure must be removed immediately. The portion of your $175.00 <br />application fee not used in legal notice publication will be returned. 1 suggest you relocate the <br />structure to a conforming site on the lot. <br />Zoning Administrator Jeanne Mabusth ind I would be happy to meet with you to discuss any <br />of the points in this letter and a possible location on your property that would meet code <br />requirements for the shed. Please contact me or Jeanne as sotvn as possible at 473-7357 to <br />arrange a meeting. <br />Asst. Planning & Zoning Adminisimtor <br />MPG/ch <br />Enc. Sections 10.55, Subd. 26; 10.03. Subd. 5 <br />cc: Jeanne A. Mabusth. Building &. Zxining Adm, <br />Lyle Oman, Building Official <br />Bruce L. Vang, Field Inspector <br />John R. Gerhardson, Public Works Director