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. <br /> 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 Ciry's consideration of such structures. City codes are <br /> designed to eliminate such structures within rights-of-way or near the lakeshore <br /> as they deteriorate. Once the building was removed, it lost any "non-conforming <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 destroyed by any means including floods to an <br /> extent of 50% or more of its assessed value, it shall not be reconstructed except <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 not be granted for construction <br /> of an accessory building on the Ciry 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. I suggest you relocate the <br /> structure to a conforming site on the lot. <br /> Zoning Administrator Jeanne Mabusth and 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 soon as possible at 473-7357 to <br /> anange a meeting. <br /> Sincerely, <br /> � / <br /> Michael P. Ga ron <br /> Asst. Planning & Zoning Administrator <br /> MPG/ch <br /> Enc. Sections 10.55, Subd. 26; 10.03, Subd. 5 <br /> cc: Jeanne A. Mabusth, Building & Zoning Qdm. <br /> Lyle Oman, Building Official <br /> Bruce L. Vang, Field Inspector <br /> John R. Gerhardson, Public Works Director <br />