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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,August 16,2004 <br /> 6:00 o'clock p.m. <br /> (#04-3046 Robert and Brenda MacDonald, continued) <br /> Kelley acknowledged that it is better for a builder to obtain a building permit at the appropriate time <br /> and that he is not going to dispute the fact that no permit was obtained. Kelley stated the City has the <br /> right to impose double the normal building permit fees whenever a building permit is not obtained <br /> prior to construction. <br /> Rahn noted that is correct,but that residents cannot come into the City and buy a variance. Rahn <br /> indicated the property owners should go through the variance process and that paying double permit <br /> fees does not negate the fact that a variance was required for the construction. <br /> MacDonald stated originally he had approached the City and attempted to make the garage larger <br /> and install bathroom facilities because the pool is adjacent to the garage. MacDonald indicated <br /> because it was not convenient to do that,he elected not to go ahead with that project and to simply <br /> remodel the existing garage. MacDonald stated he instructed his caretaker to take care of the project, <br /> left for Florida, and when he came back, found that the garage had been completed. <br /> Kempf stated in his opinion the reason why a permit was not applied for was to avoid having the <br /> property come under a hardcover review. Kempf stated if this garage had been determined to be a <br /> rebuild,the City would have reviewed the hardcover. Kempf noted this lot has an excessive amount <br /> of hardcover. <br /> MacDonald stated the amount of hardcover on this lot has existed since he purchased the property and <br /> that he has not changed it. <br /> Kempf stated in his view this project was done the way it was done to avoid a hardcover review. <br /> Kempf indicated one option is to cut off that one corner of the building and make it a 45-degree angle <br /> so the structure does not encroach into the setback. <br /> Rahn stated he does not have a problem with the location of the garage but that it is irritating that there <br /> are contractors out there who do not pull permits. Rahn indicated in his view,in light of the water <br /> problems and the small encroachment,the City probably would not have had an issue with rebuilding <br /> the garage in its present location but that the City in all likelihood would have requested the hardcover <br /> be reduced. Rahn stated in his opinion the issue is the excessive amount of hardcover. <br /> Kelley commented he did not mean to suggest that a resident could come into the City and buy a <br /> variance,but that the City does have methods in place to deal with a situation where no building <br /> permit is obtained prior to construction. Kelley noted the City's codes do not define what a repair is. <br /> Kelley indicated the Minnesota State Legislature did recently amend the laws concerning <br /> nonconforming structures and provides that people can restore and replace nonconforming structures. <br /> Kelley stated even if the Planning Commission finds that this went beyond repair and maintenance,the <br /> current law allows property owners to replace or restore a nonconforming structure. <br /> Fritzler noted the property owner needs to go about it in the proper manner,which is to obtain a <br /> building permit and a demolition permit. <br /> PAGE 19 <br />