07-28-1980 Council Minutes - Laserfiche WebLink

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REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page �16 Mr. Cloutier made his application and contended that CONDITIONAL USE PERMI7 the work underway was merely completing work 2480 Casco Point Road started in 1971 but never completed. The Planning (Continued) Commission reviewed the application on this basis. The Planning Commission denied the guest house conditional use permit and variance for work within 75 feet of the shoreline, finding no hardship to justify expansion of a non-conforming use and inability to grant a variance to Section 31.101 so that one non-conforming use (boat house) could be changed to another non-conforming use (guest house) . The net result of this finding, if upheld by the Council, would be to cause removal of the new framing and new furnace and to prohibit new water and sewer connections, but to allow the existing two-story structure to remain. After the Planning Commission meeting however, new information was received which may be cause for total removal of the structure because of a history of continuing similar violations. Unsolicited letters were received from neighbor Wilbur Andersen and from retired building inspector Mike Scheller. They state : 1. The original boat house was started without permits, was constructed improper�y, and in fact, collapsed before inspection by Mike Scheller. 2 . The permit issued in 1971 was never intended to cover anything except a one-story 20 ' X 30 ' boat house capped with an open deck. All second story work has therefore been done without authority sometime between Mr. Scheller ' s final inspection and March, 1980 . In addition, the 1980 assessed fair market value of the total building is $1,200 . Section 31. 106 requires removal of any non-conforming structure with an assessed value of $3 ,000 or less within' 36 months of January 1, 1975 or no later than January l, 1978 . A 1978 Minnesota Supreme Court case also involving an unpermitted addition of a second story to a non-conforming boat house upheld an injunction ordering compliance with the ordinance that prohibits such construction, i.e . : removal of the non-conforming portion of the structure . That ordinance permits single story boat houses, ours does not. Therefore, in concurrence with the Planning Commission and in light of the new information, I recommend denial of the requested conditional use permits and variances, and i further recommend ordering removal of all second story construction which has never been permitted, and consideration of an order to remove the entire structure consistent with Section 31.106 . (�Qntinued)