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CITY of ORONO <br />Mr. Thomas Barrett <br />Hinshaw & Culbertson <br />222 South Ninth Street <br />Suite 3100 <br />Minneapolis, MN 55402 <br />June 30, 1999 <br />Street Address: <br />2750 Kelley Parkway <br />Orono, MN 55356 <br />Municipal Offices <br />RE: JOHNSON AND BRYSON LOT LINE REARRANGEMENT <br />BIG ISLAND <br />Dear Tom: <br />Mailing Address: <br />P.O. Box 66 <br />Crystal Bay, MN 55323-0066 <br />I have recently had a conversation with Jim Fallon, State Building Code Division, about State Code <br />requirements regarding location of structures along property lines . The proposed subdivision by <br />Johnson and Bryson would leave a seasonal cabin closer than 3' to a property line, which violates <br />the State Building Code requirement of 3'. <br />The State Code requires one-hour fire walls and no openings (windows/doors) within 3' of a property <br />line. I have included Table 5A from the Building Code. Mr. Fallon stated the concern is liability <br />to the City should the Council approve the subdivision. Chris Pierson has stated the property owners <br />would be willing to accept liability and remove the building within 30 months. <br />It seems to me the City of Orono could not grant a variance in this case because it is a State Building <br />Code issue and not a City Code issue. The question is "Can the City of Orono permit a violation of <br />the Building Code" without accepting any liability? Mr. Fallon has stated it has happened elsewhere <br />but advises covenants be in place to protect the best interest of the property owners and the <br />municipality. <br />Please feel free to contact me on this matter. Jim Fallon can be contacted at (651) 282-2356. <br />Sincerely, <br />P✓-~ <br />Zoning Administrator/Planner <br />Telephone (612) 249-4600 • Fax (612) 249-4616