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Page 1 of 1 <br /> Melanie Curtis <br /> From: Mike Gaffron <br /> Sent: Monday, August 20, 2007 3:20 PM <br /> To: Evelyn M. Turner; Melanie Curtis <br /> Cc: 'Soren Mattick'; Lyle Oman; Bruce Vang <br /> Subject: Fred Johnson Garage Proposed Bathroom and Kitchen at 4017 North Shore Drive <br /> FYI: Mike Landon has applied for a permit to add a kitchen and bathroom to the second story of Fred Johnson's <br /> garage at 4017 North Shore Drive. His note on the permit application says"attached to house". This is incorrect. <br /> For all zoning purposes, this garage has been considered as a detached accessory building per finding#3e and <br /> condition #2 of Resolution No. 5422. The garage was allowed to be located significantly less than 30' from the <br /> street lot line based on this determination, because the tunnel was originally intended to be below ground, and <br /> these would visually be separated. If the garage were now allowed to be considered as attached, it would be <br /> nonconforming in location and would have to be moved. <br /> The fact that part of the tunnel between the house and the basement of the garage is slightly above grade does <br /> not change the basic premise that the garage is a separate accessory structure. As such, the addition of toilet, <br /> tub or shower into the detached garage requires a Plumbing In Accessory Structure CUP per 78-348(17). This <br /> property may not qualify for such a CUP for one or more reasons; for instance, it's on a 0.65 acre lot in a 1 acre <br /> zone where such a CUP requires 2 acres. <br /> Further, the addition of a kitchen clearly indicates a possible intent to use this as a guest house or dwelling unit <br /> which requires a Guest House (not guest apartment, remember its detached) CUP, which in this 1-acre zone <br /> requires 2 acres. <br /> The building permit must be denied, and if the property owner pursues the CUP process, he should be advised of <br /> the basic issues note above. <br /> If/when a Certificate of Occupancy is issued for this property, I would like it noted on the C.O. that the garage is <br /> considered as detached for all zoning code purposes, and any attempts to create an above-grade attachment will <br /> be denied. <br /> Michael P. Gaffron <br /> Assistant City Administrator/Long Term Strategy <br /> City of Orono <br /> (Street Address)2750 Kelley Parkway <br /> (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 <br /> Phone: (952)249-4600 <br /> Fax: (952)249-4616 <br /> 12/19/2007 <br />