HomeMy WebLinkAboutRe: zoning violations/stop work order � ��
O O CITY of ORONO
Municipal OfSces
,�! ,1, Street Address: Mailing Address: '
'�� G,ti,�' 2750 Kelley Parkway P.O.Box 66 '
Orono,MN 55356 Crystal Bay,MN 55323-0066
�`4$ Og'�'
291une 2012
Jay&Kendall Nygard
1386 Rest Point Road
Mound,MN 55364
RE: Zoning Violations&Stop Work Order at 1386 Rest Point Road '
Mr.&Mrs. Nygard,
On June 25,2012 a Stop Work order was issued by the Building O�cial for the wnstruction/erection of
a wind generator within the lake yard of your property at 1386 Rest Point Road. On or about June 27,
2012 a second pole was erected in the lake yard of your property;a second Stop Work order was issued.
Wind generators are not listed as permitted,accessory or conditional uses within the City and more
specifically within the LR-iB lakeshore residential district where your property is located. As a result
wind generators are prohibited. The wind generator and the poles must be removed from the property.
Additionally,the concrete footings must also be removed as they constitute illegal hardcover within the
0 to 75'lakeshore setback zone. '
This letter will serve as your notice that you must cease and desist with all construction acthrity on
your property not covered by an active building permit.Further this letter serves as your nodce that
the wind generator,poles and concrete footings must be removed from the property before Monday,
July 9,2012 in order to avoid legal action by the City. Your property will be monitored and will be
reinspected for compliance on or about July 9,2012. Please be advised,if you fail to correct the
violations this matter may be sent to the City Attorney for criminal prosecution or civil enforcement.If
you have questions,please don't hesitate to contact me at 952.249.4627 or mcurtis@cLorono.mn.us. '
Sincerely,
CITY OF ORO , '
Melanie Curtis
Planning&Zoning Coordinator
c Lyle Oman, Building Official
Telephone(952)249-4600•Fa�c(952)249-4616
www.ci.orono.mn.us
.� o,�,.
O 0 CITY of ORONO
�:, _ Municipal Offices
�! ►�, Street Address: Mailing Address: �
'�+�� "��� G,�,�' 2750 Kelley Parkway P.O. Box 66
,� Orono,MN 55356 Crystal Bay,MN 55323-0066
�,��EStKp'¢
29 June 2012
1ay& Kendall Nygard
1386 Rest Point Road
Mound, MN 55364
RE: Zoning Violations&Stop Work Order at 1386 Rest Point Road
Mr. & Mrs. Nygard,
On June 25,2012 a Stop Work order was issued by the Building Official for the construction/erection of
a wind generator within the lake yard of your property at 1386 Rest Point Road. On or about June 27,
2012 a second pole was erected in the lake yard of your property;a second Stop Work order was issued.
Wind generators are not listed as permitted,accessory or conditional uses within the City and more
specifically within the LR-16 lakeshore residential district where your property is located. As a result
wind generators are prohibited. The wind generato�and the poles must be removed from the property.
Additionally,the concrete footings must also be removed as they constitute illegal hardcover within the
0 to 75' lakeshore setback zone.
This letter will serve as your notice that you must cease and desist with all construction activity on
your property not covered by an active building permit. Further this letter serves as your notice that
the wind generator, poles and concrete footings must be removed from the property before Monday,
July 9,2012 in order to avoid legal action by the City. Your property will be monitored and will be
reinspected for compliance on or about July 9,2012.Please be advised, if you fail to correct the
violations this matter may be sent to the City Attorney for criminal prosecution or civil enforcement. If
you have ques#ions, please don't hesitate to contact me at 952.249.4627 or mcurtis@ci.orono.mn.us.
Sincerely,
CITY OF ORO ,
Melanie Curtis
Planning&Zoning Coordinator
c Lyle Oman, Building Official
Telephone(952)249-4600 •Faac(952)249-4616
www.ci.orono.mn.us
� .
�O�VO
C ITY OF ORONO
,� � Street Address: I Mailing Address: I Telephone(952)249-4600
��, ,� 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4676
l,qk�SHo�F,�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
February 7, 2013
SENT VIA U.S.CERTIFIED MAIL NO.:
7007 0220 00001989 0238
Jay Nygard
1386 Rest point Road
Mound, MN 55364
Re: Work without permit
, Dear Mr. Nygard,
On January 10, 2014 this office notified you that you were in violation of City Ordinance 86-66, Minnesota
. State Code Section 1300.0120 and International Residential Code R105.1 (copies enclosed) by erecting
a tower with a wind turbine attached to it on your home. Your response, received in this office on
` January 14, 2014, indicated that you did not have a tower on your property. The attached photo, taken
, February 4, 2014, shows a tower with the wind turbine on top of it.
� .` Please obtain an electrical permit. Complete the enclosed building permit application and submit with
" construction plans before February 18, 2014. If an application is not received by February 18, 2014, the
- City may initiate legal action. Please note, after-the-fact(double)fees may be applied.
If you have any questions feel free to contact me at 952-249-4625.
Sincerely,
CITY OF ORONO
� �'w'�'�--
Lyle man
Orono Building Official
c US Mail
Enclosures: Orono Municipal Code Section 86-66
Minnesota State Code Section 1300.0120
International Residential Code R105.1
Building Permit Application
Attachment: Photo taken on February 4, 2014
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item 4 if ResUicted Delivery is desired. � ❑qqent
■ Print your name and address on the reverse ❑addressee
so that we can return the card to you. g, iv by(P ted Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or nn the front ff space permits.
1. Article Addressed to: D. Is delivery address d ftem 1? ❑Yes
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PS Form 3811,February 2004 DomesHc Retum Reoelpt �o2s9�-o2_n,�-iyao
THE 2007 MINNESOTA STATE BUILDING CODE
prevent the installation of any material or to B. To determine the acceptability of a
prohibit any design or method of construction performance-based design, the code official
not specifically prescribed by the code, may require the owner or agent to provide,
provided that any a(ternative has been without charge to the jurisdiction, a technical
approved. An alternative material, design, or opinion and report. The code official may
method of construction shall be approved require the technical opinion and report to be
where the building official finds that the prepared by, and bear the stamp of, a licensed
proposed design is satisfactory and complies design professional.
with the intent of the code, and that the
material, method, or work offered is, for the C. Performance-based designs shall be
purpose intended, at least the equivalent of prepared by, and bear the stamp of, a licensed
that prescribed in the code in quality, strength, design professional competent in the area of
effectiveness, fire resistance, durability, and work. The design professional shall provide
safety. The details of any action granting written confirmation to the code official
approval of an alternate shall be recorded and before a certificate of occupancy is issued that
entered in the files of the Department of the performance-based design has been
Building Safety. properly implemented, the operation or use of
the building is within the limitations of the
Subp. 14. Performance-based fire and design, and adequate controls are in place to
life safety design. The code official may maintain compliance with the conditions of
approve performance-based fire and life the design throughout the life of the building.
safety designs if the code official finds that
the proposed design has been conducted by an Subp. 15. Tests. If there is insufficient
approved method. Approved performance- evidence of compliance with the code, or
based designs are evidence of compliance evidence that a material or method does not
with the intent of the code. Approvals under conform to the requirements of the code, or in
this subpart are subject to the approval of the order to substantiate claims for alternative
building code official whenever the design materials or methods, the building official
involves matters regulated by the building shall have the authority to require tests as
code. evidence of compliance to be made at no
expense to the municipality. Test methods
A. Design goals, objectives, and shall be as specified in the code or by other
performance criteria shall be approved by the recognized test standards. In the absence of
code official before submission of a recognized and accepted test methods, the
performance-based design report, building official shall approve the testing
calcu(ations, or analysis results. As a procedures. Tests shall be performed by an
minimum, an approved performance-based approved agency. Reports of the tests shall be
design shall address the following objectives: retained by the building official.
(1) life safety of occupants; 1300.0120 PERMITS.
(2) firefighter safety; Subpart 1. Required. An owner or
authorized agent who intends to construct,
(3) property protection; enlarge, alter, repair, move, demolish, or
change the occupancy of a building or
(4) continuity of operations; and structure, or to erect, install, enlarge, alter,
repair, remove, convert, or replace any gas,
(5) safeguarding of the environment. mechanical, electrical, plumbing system, or
134
THE 2007 MINNESOTA STATE BUILDING CODE
other equipment, the installation of which is wall, unless supporting a surcharge or
regulated by the code; or cause any such work impounding Class I, II,or III-A liquids;
to be done, shall first make application to the
building official and obtain the required (5) water tanks supported directly
permit. upon grade if the capacity does not exceed
5,000 gallons (18,927 L) and the ratio of
Subp. 2. Annual permit. In lieu of an height to diameter or width does not exceed 2
individual permit for each alteration to an to 1;
already approved electrical, gas, mechanical,
or plumbing installation, the building official (6) sidewalks and driveways that are
may issue an annual permit upon application not part of an accessible route;
for the permit to any person, firm, or
corporation regularly employing one or more (7) decks and platforms not more�than
qualified trade persons in the building, 30 inches (762 mm) above adjacent grade and
structure, or on the premises owned or not attached to a structure with frost footings
operated by the applicant for the permit. and which is not part of an accessible route;
Subp. 3. Annual permit records. The (8) painting, papering, tiling,
person to whom an annual permit is issued carpeting, cabinets, countertops, and similar
shall keep a detailed record of alterations finish work;
made under the annual permit. 'The building
official shall have access to the records at all (9) temporary motion picture,
times or the records shall be filed with the television,and theater stage sets and scenery;
building official as designated.
(10)prefabricated swimming pools
Subp. 4. Work ezempt from permit. installed entirely above ground accessory to
Exemptions from permit requirements of the dwelling units constructed to the provisions of
code do not authorize work to be done in any the International Residential Code or R 3
manner in violation of the code or any other occupancies constructed to the provisions of
laws or ordinances of this jurisdiction. the International Building Code, which do not
Permits shall not be required for the exceed both 5,000 gallons in capacity(18,925
following: , L)and a 24 inch(610 mm)depth;
A. Building: (11)window awnings supported by an
exterior wall that do not project more than 54
(1) one-story detached accessory inches (1,372 mm) from the exterior wall and
structures; used as tool and storage sheds, do not require additional support, when
playhouses, and similar uses, provided the constructed under the Intemational
floor area does not exceed 120 square feet Residential Code or Group R 3 and Group U
(11.15 mm2); occupancies constructed to the provisions of
the International Building Code;
(2) fences not over six feet (1,829
mm)high; (12)movable cases, counters, and
(3) oil derricks; partitions not over five feet, nine inches
(1,753 mm) in height;
(4) retaining walls that are not over
four feet(1,219 mm) in height measured from
the bottom of the footing to the top of the
135
. ,
. ' , �
THE 2007 MINNESOTA STATE BUILDING CODE
(13)agricultural buildings .as defined (8) portable fuel cell appliances that
in Minnesota Statutes, section 16B.60, are not connected to a fixed piping system
subdivision 5;and and are not interconnected to a power grid.
(14) swings and other playground . D. Plumbing: See chapter 4715 for
equipment. plumbing work that is exempt from a permit.
Unless otherwise exempted, plumbing,
electrical, and mechanical permits are E. Electrical: an electrical permit is not
required for subitems(1)to(14). required if work is inspected by the State
Board of Electricity or is exempt from
B. Gas: inspection under Minnesota Statutes, section
326.244..
(1) portable heating, cooking, or Obtaining a permit from the Board of
clothes drying appliances; Electricity does not exempt the work from
other Minnesota State Building Code
(2) replacement of any minor part that requirements relating to electrical equipment,
does not alter approval of equipment or make its location, or its performance.
the equipment unsafe; and
Subp. 5. Emergency repairs. If
(3) portable fuel cell appliances that equipment replacements and repairs must be
are not connected to a fixed piping system performed in an emergency situation, the
and are interconnected to a power grid. permit application shall be submitted to the
building official within the next working
C. Mechanical: business day.
(1) portable heating appliances; Subp. 6. Repairs. Application or notice
to the building official is not required for
(2) portable ventilation appliances and ordinary repairs to structures. The repairs
equipment; shall not include the cutting away of any watl,
partition, or portion of a wall or partition, the
(3) portable coo(ing units; removal or cutting of any structural beam or
. load bearing support, or the removal or
(4) steam, hot, or chilled water piping change of any required means of egress, or
within any heating or cooling equipment rearrangement of parts of a structure affecting
regulated by this code; the egress requirements; nor shall ordinary
repairs include addition to, alteration of,
• (5) replacement of any part that does replacement, or relocation of any standpipe,
not alter approval of equipment or make the water supply, sewer, drainage, drain leader,
equipment unsafe; gas, soil, waste, vent or simitar piping,
electric wiring, or mechanical or other work
(6) portable evaporative coolers; affecting public health or general safety.
(7) self contained refrigeration Subp. 7. Application for permit. To
systems containing ten pounds(4.5 kg) or less obtain a permit, the applicant shall file an
of refrigerant or that are actuated by motors of application in writing on a form furnished by
one horsepower(0.75 kVt�or less;and the Department of Building Safety for that
purpose. The application shall:
136
BUILDINGS AND BUILDING REGULATIONS fi 86-66
Sec. 86-39. Application, administration and building official with a duplicate coPS� to the
enforcement. appellant. It may recommend to the council such
new le�slation as is consistent with such find-
(a) The application, administration, and en- ings. Voting members of the board may be paid a
forcement of the code shall be in accordance with nominal per diem for services rendered in an
Minnesota State Building Code. The Code shall amount f�ed by the council at the time the board
be enforced within the extraterritorial limits per- is established. Administrative costs and the per
mitted by Minn. Stat. § 16B.62, subd. 1 when so diem expense of the board shall be paid by the
established by this section. appellant unless such payment is waived by law.
(b) The code enforcement agency of this mu- (Code 1984, § 2.53)
nicipality is called the Building and Zoning De-
partment. Sec. 86-42. Violations and penalties.
(c) This code shall be enforced by the Minne- Aviolation of the Code is a misdemeanor(Minn.
sota Certified Building Official designated by this Stat. � 16B.69).
Municipality to administer the Code (Minn. Stat. (Ord. No. 24 3rd series, � 4, 3-28-2005)
§ 16B.65, subd. 1).
(Code 1984, � 12.01(2); Ord. No. 134 2nd series, Sec. 86-43. Building code optional chapters.
4-10-1995; Ord. No. 188 2nd series, § l, 6-5-1999;
Ord. No. 24 3rd series, § 2, 3-28-2005) (a) The Minnesota State Building Code, estab-
lished pursuant to Minn.Stat. §§ 16B.59 to 16B.75
Sec. 86-40. Permits and fees. allows the municipality to adopt by reference and
enforce certain optional chapters of the most
(a) The issuance of permits and the collection current edition of the Minnesota State Building
of fees shall be as authorized in Minn. Stat. Code.
� 16B.62, subd. 1.
(b) The following optional provisions identified
(b) Permit fees shall be assessed for work in the most current edition of�the State Building
governed by this Code in accordance with the fee Code in Minnesota Rules, Chapter 1306, Special
schedule adopted by the municipalit,y in Ordi- Fire Protection Systems are hereby adopted and
nance No. 22, 3rd series. In addition, a surcharge incorporated as part of the Building Code for this
fee shall be collected on all permits issued for municipality.
work governed by this Code in accordance with
Minn. Stat. ,��' 16B.70. (1) 1306.0020, Subpart 2.
(Code 1984, § 12.01(4); Ord. No. 134 2nd series, (2) 1306.0030, E2.
4-10-1995; Ord. No. 188 2nd series, � 2, 6-5-1999; (Ord. No. 24 3rd series, § 5, 3-28-2005)
Ord. No. 24 3rd series, { 3, 3-28-2005)
Secs. 86-44-86-65. Reserved.
Sec. 86-41. Building code board of appeals.
A buildin�code board of appeals may be estab- DIVISION 2. COI�TSTRUCTION PERMIT
lished by the council as and when necessary to
hear and make findings as to any issue arising Sec. 86-66. Rec�uired.
under the state building code. The number of'
members of the board shall be the same as re- It is unlawful for any person to erect.construct,
quired by law; or,if there is no such requirement, enlarge, alter, repair, move, improve, remove,
then the number established by the counciL The convert, or demolish any building or structure, or
members shall be qualified hy experience and any part or portion, including but not limited to
training to pass upon matters in building con- the general construction, plumbing, water well,
struction. The building official shall be an ex on-site sewage treatment system, wood stoves
off`icio member. The board shall investigate and, and fireplaces, ventilating, heating or air condi-
after hearing, issue its findings in writing to the tioning systems, or cause such work to be done,
Supp.No. 6 CD86:5
§86-66 ORONO CITY CODE
without first obtaining a separate building or (3) As-built survey. An as-built survey, pre-
general permit for each such building, structure pared by a Minnesota Registered Land .
or separate component from the city. Surveyor, shall be submitted to the city
(Code 1984, § 12.02) for review and approval upon the comple-
tion of all buildings and a11 additions to
Sec. 86-67. Limitations. buildings, unless exempted by the build-
ing official. The as-built survey shall cer-
The issuance of a permit for any single compo- tify the final topography of the site;verify
nent shall not imply authority for construction or drainage patterns; and provide hardcover
inclusion of other components. calculations for lots in the Shoreland Over-
(Code 1984, § 12.02) lay District. An as-built survey must be
approved before the issuance of a certifi-
Sec. 86-68. Permit application; information �te of occupancy.In the event that weather
required. or other conditions prevent the comple-
tion of an as-built survey at the time the
(a) The application for a construction permit Certificate of Occupancy is requested, ap-
shall include such information as may be required plicant shall provide a sufficient financial
by the city, which may vary between types of guarantee and establish an escrow agree-
construction projects. ment to ensure completion of the as-built
survey. '
(b) Surveys required: (Code 1984, § 12.02; Ord. No. 49 3rd series, § 1,
9-8-2008)
(1) Initial survey. Any building or general
permit application for construction of a
new structure or expansion of an existing Sec. 86-69. Contractor licensing require-
structure shall be accompanied by a cer- ments.
tificate of survey prepared by a Minnesota
Registered Land Surveyor unless the build- The permit for any construction work requiring
ing official determines the construction a license under statute or this Code shall be
project is exempt from this section. The issued only to the licensee upon proof of holding a
certificate of survey shall conform to the current license and bonding and insurance as
standards on file in the office of the build- required by statute or this Code.
ing official. (Code 1984, § 12.03)
(2) Found¢tion survey. A foundation survey Sec. 8&70. Permit ezpiration.
shall be submitted to the city for review
and approval, unless exempted by the (a) Notwithstanding continuing or ongoing work,
building official, upon completion of the any building permit issued by the city shall expire
foundation work for all buildings and all and by limitation be null and void and shall
additions to buildings.The foundation sur- require issuance of a new permit and payment of
vey, prepared by a Minnesota Registered half the original permit fee if a certificate of
Land Surveyor,shall certify the lot dimen- occupancy and final completion has not been
sions; front, side, rear, lakeshore, and issued within the following length of time after
wetland setbacks; and foundation eleva- the date of permit issuance, which new permit
tion.A foundation survey must be submit- and fee shall be necessary to reimburse the city
ted before proceeding with framing or for ongoing and more than normal number and
further construction.In lieu of a survey a cost of inspection services:
letter prepared by a Minnesota Regis-
tered Land Surveyor containing the same (1) Single-family residential dwellings,includ-
information as a foundation survey may ing new construction,remodeling or addi-
be submitted. tions, 24 months.
Supp.No. 6 CD86:6
• . ADMINlSTRATION
SECTION R1 Q5 4. Steam,hot or chilled water piping within any heating or
PERMITS coolin�equipment re�ulated by this code.
R1Q5.1 Required.Any owner or authorized agent who intends 5. Replacement of any minor part that does not alter
to construct, enlar�e, alter, repair, move, demolish or chanbe approva]of equipment or make such equipment unsafe.
the occupancy of a building or structure, or to erect, install,
enlarge,alter,repair,remove,convert or replace any electrical, 6. Portable evaporative coolers.
gas.mechanical or plumbing system, the ins�allation of which 7. Self-contained refrigeration systems containing 10
is re�ulated by this code,or to cause any such work to be done, pounds(4.54 k�)ar less of refrigerant or that are actuated
shall first make application to the building ofFicial and obtain by motors of 1 horsepower(746 W)or less.
the required permit. 8, portable-fuel-cell appliances that are not connected to a
R10�.2 Work exempt from permit. Permits shall not be fixed pipin� system and are not interconnected to a
required for the followinb. Exemption from permit require- power�rid.
ments of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provi- The stoppin�of leaks in drains,water,soil,waste or vent pipe;
sions of this code or any other laws or ordinances of this provided,however,that if any concealed trap.drainpipe,water,
jurisdiction. soil,waste or vent pipe hecomes defective and it becomes nec-
essar5�to remove and replace the same with new material,such
Building: work shall be considered as new work and a permit shall be
1. One-story detached accessory structures used as tool and obtained and inspection made as provided in this code.
storage sheds,playhouses and similar uses,provided the The clearing of stoppa=es or the repairing of leaks in pipes,
floor area does not exceed 120 square feet(11.15 mz). valves or fixtures, and the removal and reinstallation of water
2. Fences not over 6 feet(1829 mm)high. closets, provided such repairs do not invo]ve or require the
3. Retaining walls that are not over 4 feet (]219 mm) in replacement or rearrangement of valves,pipes or fixtures.
hei�ht measured from the bottom of the footin�to the top Rl(l5.2.1 Emergency repairs. Where equipment replace-
of the wall,unless supporting a surcharge. ments and repairs must be performed in an emergency situa-
4. Water tanks supported directly u}�on grade if the capacity tion, the permit application shall be submitted within the
does not exceed 5,000 gallons(l 8 927 L)and the ratio of next working business day to the building official.
hei�ht to diameter or width does not exceed 2 to 1. R1Q5.2.2 Repairs. Application or notice to the buildin�
� 5. Side�vall<s and driveways. ofFicial is not required for- ordina�y repairs to structares,
6. Paintin�, papering, tiling, carpetin�, cabinets, counter replacement of lamps ar the connection of approved porta-
tops and similar finish work. ble electrical equipment to approved permanently installed
receptacles.Such repairs shall not include the cutting away
7. Prefabricated swimming pools that are less than 24 of any wall,partition or portion thereof,the removal or cut-
inches(6l0 mm)deep. tinD of any structural beam or load-bearing support, or the
� 8. Swings and other playground equipment. removal or change of any required means oi egress,or rear-
9. Window awnin�s supported by an exterior wall which rangement of parts of a structure affectinD the e�ress
do not project more than 54 inc}�es(1372 mm)from the requirements:nor shall ordinary repairs include addition to,
exterior wall and do not require additional support. alteration of,replacement or relocation of any water supply,
sewer, drainage,drain leader,gas, soil,waste,venl or simi-
Eiectrica�: ]ar piping, electric wiring or mechanical or other worlc
Repairs and maintenance: A permit sha11 not be required for affecting public health or general safery.
minor repair work, includin�the replacement of lamps or the R105.2.3 Public service agencies. A permit shall not be
connection of approved portable electrical equipment to required for the installation, alteration ar repair of genera-
approved permanently installed receptacles. tion, transmission, distribution, meterinb or otl�er related
�a�; equipment that is under the ownership and control of public
1. Portable l��ating, cookin�or clothes dryin� appliances. service agencies by established right.
2. Replacement of any minor part that does not alter Rl(l5.3 Applieation for permit.To obtain a permit.the appli-
. approval of equipment ormake such equipment unsafe. cani shall first file an applica�ion therefor in writing on a form
3. Portable-fuel-cell appliances that are not connected to a furnished by the department of building safety for thatpurpose.
fixed piping system and are not interconnected to a �uch application shall:
power grid. l. Identify and describe the worlc to be covered by the per-
Mechanical: mit for which application is made.
1. Portable heating appliances. 2. Describe the land on which the proposed work is to be
done by legal description, street address or similar
''. Portable ventilation appliances. � descrip�ion that will readily identify and definitely locate
3. Portable coolin� units. the proposed buildin�or work.
2006 If�➢TERNATIONAL R�SIDENTIAL COQ��' �
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