HomeMy WebLinkAboutRe: access structure/home January 12, 1993
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Barry & Robin O Rourke �
15601 Post Road
Wayzata, Minnesota 55391
"JA N ��� 4 �1993
Orono Mayor and City Council
Post Office Box 66
Crystal Bay, Minnesota 55323
Dear Mayor and Council Members,
We have recently received a building permit to build a home at 2300 6th
Avenue North in Orono. At the time we applied for the home permit we also
requested an accessory structure permit. This latter permit was denied due
to the city ordinance that states no accessory structures may be built until
a certificate of occupancy has been issued. We are appealing this ordinance
and ask that you approve an accessory structure permit to enable us to build
our barn simultaeously with the house. By being able to build both structures
at the same time we can save a substantial amount of money by using the same
sub contractors on both projects. Our home builder has agreed to oversee the
building of the barn if we can build at the same time as the house. There
will be quite a bit of finishing work to do on the barn that we will be doing
ourselves. By building the barn at the same time as the house we wouid be
able to have finishing work complete by the time the house is done. We would
not have any animals on the property until we move in to the house. Thank
you for giving our request serious review and if we can answer any questions
please let us know.
Sincerely,
�;���
4�- ��h�fin� �%�i�u�
Barry and Robin O'Rourke
U75-UioS
TO: Mayor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE: January 21, 1993
SUBJECT: Appeal of Administrative Decision - 2300 Sixth Avenue
North
Issue
Applicants were issued a building permit for a principal residence
on January 11, 1993 for the property located at 2300 Sixth Avenue
North. During preliminary discussions with applicants, it was
learned that the O'Rourkes planned to obtain a building permit for
a barn at the same time of the issuance of the building permit for
the residence . Applicants were advised that it is the policy of
the City to not issue building permits for accessory structures
until a certificate of occupancy has been issued for the principal
structure on the property. Applicants have appealed to the Council
for special consideration to ask that a building permit be issued
for the accessory structure to take advantage of the economy of
having general contractor complete all phases of construction for
both structures at one time.
Prior to the City adopting this policy, staff had to deal with
detached garages, completed before the residence structures, and
used for storage purposes for months before principal structures
were finally completed and a certificate of occupancy issued.
Members may remember the classic or rather notorious case of the
residence that took 5 plus years to complete at Stubbs Bay Road and
Highway 12 intersection. In that case, a building permit was
issued for both a principal structure and a detached garage on the
7 acre parcel . A major foundation was installed for the principal
structure and the detached garage was completed within a few weeks.
The City soon found applicant with family living in the detached
garage . After many more months and even more legal bills, a permit
was issued for the detached garage to be converted and enlarged
into the principal residence that remains today close to roadways.
The original residence structure was located within the interior of
7 acre parcel . The original foundation was removed and the unsafe
excavation filled.
For many years the City has refused to issue permits for docks,
accessory structures, on lakeshore properties where residences are
under construction. In fact, the City has had to require the
removal of docks installed without permits during the construction
period. The City has consistently discouraged the keeping of boats
and associated equipment on properties where there is no occupant
to oversee dock area.
In this case, applicants seek to install a barn on the 9 acre
parcel . The survey enclosed with your memo does not show the exact
location of barn. Lyle Oman has approximated the location of the
barn on the survey. In the early discussions with the applicants,
staff noted that barns suggest special uses requiring occupancy of
principal structure and that based on the complexities of
construction, the residence would be completed long after the barn
is finished. Animals could not be maintained in barn prior to
occupancy of residence because of the need to closely supervise and
maintain animals .
The staff policy finds that a principal residence exists when a
certificate of occupancy is issued. The certificate of occupancy
suggests occupancy will soon follow. The issuance of permits for
accessory structures can only be issued at that time. This policy
has been developed to ensure and implement the intent of the
accessory structure code .
The O'Rourkes have agreed that animals would not be maintained on
the property until they have moved into their new residence . If
Council waives staff policy, staff recommends that your approval be
conditioned on the following:
1 . Animals cannot be maintained within barn nor can barn
structure be used for any other accessory use until a
certificate of occupancy is issued for principal
structure or occupancy of residence .
2 . Upon application for building permit, applicants must
provide an updated survey locating barn on 9 acre site
with the reminder that if barn is less than 150' from all
lot lines that barn can never be used for horse boarding
purposes but that a minimum of 75' must be maintained
from all lot lines.
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- �2i�8i93 1�:27 THE CITY OF ORONO 612-473-7357 ��2
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STATEMENT made this day of FeY►ruRry 1993, hy Barry O'Rourkc and
Robin O'Rou�ke, husban�i and wife (Q'Rqurk�s), witnesseth that ;
�� ,_ WHE�E�S, O'Rourkes ar� t�ie fee owner� c�f real property lacated ix� t.he City
�t�� C)rona, I-�enr�e�iti ��u�ty, Nlinnesota, and legally described as follows:
� A11 th�i p�rt of tt�e Sauthwest Quarter (SW /4) of Secti[rn Twenty-scven (27},
� . � Township t3ne Hundred Eighteen (llSj, Ttange Twenty-tliree (23), begiiuiirng af
" :.,�� the qua:ter section post af the Sc�uthwcse a�id Northwest Quarters of sa;d Scction
� � 7'wc:t7ty-seven; thence running 5�uttY on tJ�a Sec:tion liF�e 36.3 perches io t1��
' . � �vlint�eapolis and N'ort Ric�gely Road; thenCe alor�g said re3ad Nc�r�h 89-/S de�zees
_u�. � - East and bU.2 ��erches; thence due Nortn 3�.1 perches tc► lh� c�uaricr sectio» linc
•- � of the N�rthwesi and Southwes� e�uarter sectxon; and thence along said quart�x�
. - ' e seetion ]ine 60 /4 perches tv the place of beginning, except. the W�St 3fl0 feei
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th�reof and except roads, according tu �t►c Gove�•aunent's Survey t��ere�f.
���ereinaft�a• refcrreci tn fls "�rn�erty"); and
e WHEREAS, on 3anuary 1 l., 1993, a building pc:rrrYit fur a principa3 residence was
�.��ued to ahe U'Rourkes and at that same t�me Yl�e City InsPectiuits Depairt�7�ent advised t1�at a
_ : ?�Tail�ing j�ezmit could r►ot be i�sued for a b�rn, an acces�ary stiucture, until a Certificate of
•� �ccupanc� w�t� issued fc��- thc ncw r�s'sdence; and
- -- W��:E�tEAS, on Janv�ry 25, 1993, the O'Rourk�s appealed tl�e adminiscrativ�
_, c�{:;cision Uf the staff tc, th� t�rono �ity Ct�uncil requesting tha[ administrative pol'scy be waived
Q �.n,:3 �tic �»iiding permit issued fQr thc barn; a►�d
� ��HEI�.EAS, CounCil agrzed Lo wa�ve the adminiskraiiv� pulicy and directed staff
t� issue a bvilding perrnit for the barn, subject to thc condition ih�� t�ic O'Raurkes grovide a
�x�rii�en St�[�n7ent a��'��In� to linlit �11 use of th� �C;essoiy struclure unlil � CertitiCatc of
. - �c�upaney for th� r�sicic;n�:G is iss�ed :�=.-►�3 the resadencc accupied.
NOW, THEREFURE, in considerati�n uf tlie 0'Rourkes agreemet�t to abidc by
special condi[ions set fortl� by the Orono Cuuticil, tliey hcreto agree as follows:
1. The O'Rourkes, for themselves, thean c�irs, successc�rs and aS51gn5, hercby
covenant that a Certificate of Occupancy rnusc be is�ued for residence and
residenee oc�upied before lhe barn can be used for ai�y approved accessQry usc.
2. 'The �'Rourkes have agre�d to tnake paymettt to tlze City for a��y legal fees
resulting it'orn the review of this inslrumeiit and th� City may cumn�cnce legal
action to enforce the terms of this instiunient, includi��g at� action ta obtain
` injunctive relief foc� any violatic�n of its ter�ns.
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; 02•'�8�93 1E�:��� THE CITY OF ORONO E12-47.�-��57 ��?
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IN WITNESS WHER�OF, the parties h�rclv have signed tl�is statcment on ttie
date first above written.
� - � �`7 )_���� � J�R�1�SL-.
� �'i�rry Q'R ur3�e Robin C3'Rourke
� _ fc"TTEST:
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•- ���';ATE (:aF 1VYTNNESaTA )
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L��INTY UF HENNEPIN )
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-� On this %�n.l� day of _� , 199 3 hefore me
a�'rtotary Public wittYiu a�n7d fnr said county, pexsonal appcared ' � c�,
'��v,,eL �)o.,d.ir� cT1 ���.t�,t�u.. --
��:i0wi� to ine to be the perso�l(s} described in and who �xccuteil tlte fo��egoin� instrurneFzt, ancl
�- �;,i��owled�ed that he tchey) exec��ted the same as his (their) fr.ee act and deed.
' „o � r,2/r-�-Q ���--Lrn .
Y `
� I'�otary Public
e NOT RYr UBLIC�IMMNESOTA
HENNEPIN COUNTY
, �Y �mmission expires &25-gq
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