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Home My WebLink AboutRe: bldg permit JAY T. NYGARD KENDALL M. NYGARD 1386 REST POINT RD. � � t?R��(}, �l�I 55364 ��•� � = �� 1� OfC�b �4� 101p �. ; �.� Y =, diSpg NED �� '1 r �. ��/f�S RE�E DEC 0'� 2010 � 'p �i � ��/'�t� � CITY�F�RONO �Q �� (y! �� ,� ��,, ,�yU 5��-3 � s y � ' / � JAY T. NYGARD • KENDALL M. NYGARD �- � 1�6 ft�ST PO11dT RD, � `L-\�o .�,�L 'E��k�C3.lINN �5364 � J5 , �Q �£�d61p� w RECEt��D D220 00�� 1989 6469 + � �ti !"i V�� `�`'"�`S,PS DEC 0 � i'010 ��,✓�I � CITY OF ORONO �0 J� � �f � �� ( 1`� � �� U.SpoPOSTAGE �a b�� --� IIIIIIIIII IIII CRYSTRL"aAY.MN S�s2s VNlTEDSTdTES DEC 06.�i Q �� i 2�� l � � /�--L^`Z�� POSTd[SfRV10E AMOUNT ` ' I I a �% � , �� 0000 �5.I0 � JJ3LJ UVV;LVIJ-Vl ' � RECEIVED 12/6/2010 Melanie Curtis DEC p 6 2010 Planning&Zoning Coordinator City of Orono CITY OF ORONO 2750 Kelley Parkway Orono, MN 55356 � Dear Ms Curtis, We have received your letter of denial for our building permit and are quite perplexed. While we are pleased with your quick response,we aze dismayed at the anemic government reply we received. In this age of burgeoning renewable energies and concerns over global warming,we expected more from our city than an impudent denial which displays little knowledge of the subject matter. You,as the Planning&Zoning Coordinator for the City of Orono, are attempting to deprive us of our property rights without any due diligence. We have read the zoning code for the city and our LR-1 B district and see nowhere where wind generators,photovoltaic systems and solar hot water systems are even mentioned other than to provide the right for variance for access to solaz energy. It would seem that your zoning code is lagging at least 20-30 years as renewable energy systems have been around for quite some time. . The city of Orono tries to categorize a wind generator as a conditional use or accessory structure, neither could be further from the truth. Conditional uses relate to how a properly may be used for other uses then what is zoned for in a specific area. We will still have a residence at our location which will not change. VVe are not proposing knocking down our house and installing a wind farm. Thus,there is no conditional use involved. As for classifying the wind generator as an accessory structure,there aze many sma11 units on the mazket which can be roof mounted,mounted on an outbuilding or with their own pole. All can be mounted without receiving a building permit as they are no more obtrusive than an antenna or satellite dish,which the zoning code allows, and you have nothing in your code that we can find to prevent or control it. The city of Orono also allows powered attic ventilators as well as wind operated rotary attic ventilators which are no different than a sma11 roof mounted wind generator. The city of Orono dces have setback requirements for some property activities,but does a11ow certain things to be built right on a property line,regardless of a neighbors objections, such as fences. Thus allowing one neighbor to enter another neighbors property for maintenance. The Orono zoning code has many holes in it as it does not even consider,but allows similaz items in the city with or without a building pernut such as: ➢ Emergency Generators � An electrical generator wluch can be quite loud and disturbing to neighbors � Creates hardcover � Not considered an accessory structure � Located not closer than 5'from property line ➢ Flag Poles � Height restrictions can be increased by CUP � Creates noise in windy conditions � Not considered an accessory structure � No building permit needed � Location not defined in the zoning code ➢ Li,ght Poles � Electrical Appliance � Not considered an accessory structure � No building permit needed � Location not defined in the zoning code ➢ Basketball Hoops � Some have lights mounted on them,therefore aze an electrical appliance � Not considered an accessory structure � No building permit needed � Location not defined in the zoning code ➢ Portable Hot Tubs � Electrical appliance � Creates hardcover � Not considered an accessory structure � No permit building pernut needed ➢ Birdhouses � Mounted on poles � Not considered an accessory structure � No buildi.ng permit needed � Location not defined in the zoning code ➢ Weather Vanes and Weather Stations � Can be mounted on poles or roofs � Similaz in size and operation to many wind generatars � Not considered an accessory structure � Location not defined in the zoning code ➢ Bug Zappers � Electrical appliance � Noisy and annoying � Not considered an accessory structure � No permit building permit needed � Location not defined in the zoning code Further,the city of Orono allows ground mounted antennas up to 20'tall and amateur short wave radio antenna towers up to 65'. Many states and cities, including Orono,have sun resource laws or ordinances which pmlubit a neighbor from blocking the sun to a certain extent, or to allow certain access for a sun powered system, thus claiming the sun as a right to the property holder. The same is true of wind energy,the city of Orono is denying us our right to take advantage of the wind energy available to our property for no legitimate reason. We have presented an application for a building permit which takes into account many of the issues related to urban applica.tions of wind generators without any direction from the city of Orono. The system we have presented has very low noise and vibration levels during operation, is built to withstand 131 mph destructive wind speed,and is aesthetically pleasing. The locarion chosen is not in the 0-751ake shore setback,does not violate any height ordinance(the top will be near the edge of our roof line), and takes advantage of the best wind resource available to our property. With so many inconsistencies in the application of Orono's zoning ordinances, it seems rather azbitrary to us that the city of Orono would just choose to say no to a renewable energy system . These renewable energy systems have been around for many years and the city of Orono has been lax in the direction it provides to it's residents regarding these issues. In fact, given the information presented above,we don't believe that we need to obtain a building permit for this project. As the Orono city zoning code is written now,renewable energy systems are not regulated, therefore uncontrolled. City zoning codes do not have the ability to unduly restrict everything they cannot think of. Green energy has been on the market for years, and windmills date back to the 1�`century. T'he renewable energy issue was even mentioned by the sitting mayor 1 year ago as something that needed to be dealt with. Thus, the onus is not on us as property owners to wait for the city to deal with and change the zoning code to begin our green projects. There is no reason to now deny us our property rights. As we see it,the city of Orono has 2 choices: ➢ Cease and desist the arbitrary harassment of the Nygard property in writing ➢ Litigate the issue in court Please feel free to contact us at(952)472-2842 or at javnvgard(�a,vahoo.com if you have any questions. �� l� ��i� � G�---� �� ( � � -- ay T Nygard Kendall M Nygard '�/�/� �