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MINUTES OF REGULAR ORONO COUNCIL MEETING SEPTEMBER 12, 1988 <br />ZONING FILE 11275 - DOUGLAS JOHNSON CONTINUED <br />Mayor'. Grabek drew the applicant's attention back to page <br />two, paragraph D, of the Resolution which indicated that the <br />applicants' intened to add to an existing structure. At this <br />time there is no existing structure and the stipulation is that <br />under that condition, the proposed house must be moved to meet <br />the setback requirements. Mayor Grabek asked Mr. Johnson if he <br />had revised his plans to conform with that stipulation. He also <br />asked whether it was the applicants' intent from the very <br />beginning to remove the existing structure. Mr. Johnson <br />responded that per the engineer's recommendations, yes,, he did <br />intend to remove the existing house. Assistant Planning and <br />Zoning Administrator Gaffron told the 'Mayor that it was staff's <br />understanding that applicant would try to retain as much of the <br />old structure as possible. The key point is that the City <br />Building Inspector had determined that there are not sufficient <br />footings for the proposed structure. Mr. Zimniewicz's <br />recommendations were based upon the assumption that those <br />footings were adequate., The City cannot approve building a house <br />with the existing portion of foundation -as is. New footings <br />would need to be installed under that wall and that Cannot be <br />done. The wall will need to be removed which would leave nothing <br />of the initial structure. That would result in the proposed <br />house being moved to meet the setback requirements as set forth <br />in Resolution #2463. <br />Councilmember Peterson asked if all the remaining wall <br />would need to be removed? Gaffron replied that yes, due to a <br />lack of sufficient footings, all walls would need to be removed. <br />The applicant asked why the engineer did not notice this problem <br />when he examined the property. Gaffron stated that Mr. <br />Zimniewicz assumed that there were 12" x 24" footings, there were <br />not. The City cannot allow a 2 -story structure to be built <br />without proper footings. Councilmember Goetten added that <br />Minnesota Codes dictate in this case, not the City of Orono. Mr. <br />Johnson stated that he was just going by the findings of the <br />structural engineer. Gaffron stated that the engineer's <br />assumptions of what existed were found later to be incorrect and <br />there was nothing that could be done at this point to change <br />that. <br />• <br />City Administrator Bernhardson stated that the original <br />application and plans were requesting a remodelling of an <br />existing house. There was no mention of the foundation or <br />redoing the joists. Mayor Grabek was alarmed by the aspect of <br />this application being a request for remodeling only. Mr. <br />Johnson objected to the implications that there was no existing <br />house on the property. Councilmember Goetten explained to Mr. <br />Johnson that in cases such as this, she would like to_ see the <br />applicants' uphold the setback requirements. They are no longer <br />remodeling an existing structure; there is no existing structure, • <br />they are building a completely new house. She reminded the <br />applicant that she had discussed this with him and warned him of <br />12 <br />