HomeMy WebLinkAboutRe: garage/permit 100�
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IN CITY of ORONO
S& Municipal Offices
�0 Street Address: Mailing Address:
1jreSg04' 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323.0066
January 21, 2004
James Barth
3725 Togo Road
Wayzata, MN 55391
Dear Mr. Barth:
It has come to the attention of this department that you have recently constructed a garage
addition on your property at 3725 Togo Road in Orono. This letter is to notify you that the City
requires building permits for the construction of additions. Therefore, the City must require you
to remove the addition or submit a building permit application along with building plans, and a
survey showing the location of the addition. A review will be done and if found to be in
compliance with building and zoning codes a permit can be issued. A deadline of February 2,
2004 has been established for submittals. If this deadline is not met the City will initiate legal
action. If you have any questions, please feel free to contact me at my office.
Sincerely,
&yL QA,.
Lyle Oman
Building Official
LO/dml
Enclosure
cc: Bruce Vang, Filed Inspector
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.xnn.us
O
CITY of ORONO
Municipal Offices
Street Address: Mailing Address:
fESHO_ 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
February 4, 2004
James Barth
3725 Togo Road
Wayzata, MN 55391
Dear Mr. Barth:
I have attempted to return your phone call of February 2, 2004, however the line has been busy.
The issue is that the addition to the rear of your garage was not approved. The City approved a
32'x26' garage. The bump out in the back was not approved and depending on the size, may not
be allowed. A new deadline of February 10, 2004 has been established for removal or
application submittal. If this deadline is not met the City will initiate legal action. If you have
any questions, please feel free to contact me at my office.
Sincerely,_
4 Q44,4,
. .
Lyle Oman _
Building Official
LO/dml
cc: Bruce Vang, Filed Inspector
Telephone(952)249-4600 Fax-(952)249-4616
www.ci.orono.mn.us
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ZONING REGULATIONS §78-1434
(2) In the event that any activity described in Sec. 78-1434. Area restrictions.
item(1)has not been accomplished within In all R districts, no accessory building shall
the defined timeframe,the applicants shall exceed 1,000 square feet of footprint area; except
remove the accessory structures at the that accessory structures in excess of 1,000 square
applicants'expense,or the applicants shall feet will be allowed under the following condi-
apply for an extension of this agreement. tions:
(3) If one of the item(1)events occurs and the (1) Not more than one oversized accessory
applicants fail to perform their removal structure(OAS)shall be permitted on any
obligations per item (2), the applicants property. An oversized accessory struc-
hereby agree as follows: ture is defined as an accessory structure
of footprint area in excess of 1,000 square
a. The city may enter upon the prop- feet, except that the following nonroofed
erty and remove the accessory build- accessory structures which exceed 1,000
ing(s). square feet footprint area are not consid-
b. The city may assess the costs of ered as oversize accessory structures,but
removal to the property. are subject to the special setback restric-
tions of section 78-1404:
(4) The agreement shall be binding upon cur- a. Tennis courts.
rent and future owners of the property, b. Pools,when pool basin structure(ex-
and shall be filed within the chain of title cluding nonencroachment-type pa-
of the property. tios) is greater than 1,000 square
(5) Fee owner(s) of the property, if not the feet.
applicants,consent to the execution of the C. Paddocks or arenas.
agreement and to its terms, as shown by (2) Oversized accessory structures are regu-
his/her/their signature(s) upon the docu- lated by the following table:
ment.
Maximum
(6) Applicants shall indemnify and hold harm- Allowed
Maximum Total of All
less the city, the city council, and the Individual Accessory
agents and employees of the city from and Accessory Structure
against all claims, damages, losses or ex- Structure Footprint
Footprint Areas*on a
penses,including attorney fees,which the Lot Area Area Property
city, city council and agents and employ- (acres) (square feet) (square feet)
ees of the city may suffer or for which it 0-1.99 1,000 2,000
may be held liable, arising out of or re- 2.00-3.00 1,200 2,400
sulting from the assertion against them of 3.01-3.50 1,400 2,800
any claims, debts or obligations in conse- 3.51-4.00 1,600 3,200
quence of the performance of the terms of 4.01-4.50 1,800 3,600
4.51-5.00 2,000 4,000
this agreement. 5.01-6.00 2,200 4,400
(Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, 6.01-7.00 2,400 4,800
§ 1, 5-24-2004) 7.01-8.00 2,600 5,200
8.01-9.00 2,800 5,600
9.01 or more 3,000 6.000
Sec. 78-1433. Height restrictions. * Excluding nonroofed tennis courts,pools,
No accessory building in an R district shall paddocks, arenas.
exceed the height of the principal building, nor (3) Any oversize accessory structure shall be
shall an accessory building exceed 30 feet in subject to the following conditions:
height. a. No such accessory structure shall be
(Code 1984, § 10.03(9)(B)) located within a required yard area
Supp.No. 2 CD78:217
I A.
§ 78-1434 ORONO CITY CODE
(principal structure setbacks must Such covenant shall be binding on
be met). Further, no such structure current and future property owners
shall be nearer the front lot line than and shall be filed in the chain of title
the front line of the principal resi- of the property.
dence on the property, and no such (Code 1984, § 10.03(9)(C))
accessory structure shall be located
less than 30 feet from the side or Sec. 78-1435. Location.
rear lot line regardless whether less No detached garages or other accessory build-
strict principal structure setbacks ing shall be located nearer the front or street lot
apply line than the principal building on that lot except
b. The maximum height for such acces-
on lots which have frontage on a lake and rear
yard adjacent to a street, accessory buildings
sory structure shall be 30 feet or the located within the street or rear yards of such lots
defined height of the principal resi- are subject to the setback requirements of section
dence structure on the property, 78-305(b), section 78-330(b) and section 78-
whichever is less. 350(b); except that detached garages may be
C. Such structure shall be allowed only located ten feet from the street or rear lot line
when the property owner agrees and when doors face away from the street and a
covenants in writing with the city as turnaround is provided on the site. This section
shall not apply to lakeshore lots divided by road-
follows: ways or corner lots.
1. No future subdivision will be (1) Location of principal building to lakeshore.
approved that places the struc- No principal building shall be located
ture within a lot that has no closer than 75 feet to the natural ordinary
principal structure,except that high water mark of a lake abutting the
the city in its subdivision ap- property. This lakeshore setback shall be
proval may grant a finite time determined as the mean horizontal dis-
period in which the oversized tance between the natural ordinary high
accessory structure may re- water mark on the lakeshore and the
main without a principal struc- allowable building line.
ture, in order that a principal (2) Variance from lakeshore setback. Any ap-
structure may be constructed. plication for a variance from the require-
At the end of this time period, ments of subsection (1) of this section
the oversized accessory struc- shall be referred to the Minnehaha Creek
ture must be removed if no prin- Watershed District for its approval before
cipal structure has been con- final action by the council.
structed. (Code 1984, § 10.03(9)(D))
2. If the property is subdivided,
the oversize accessory struc- Sec. 78-1436. Setbacks.
ture and principal structure will Accessory structures in excess of 750 square
be located together within a lot feet footprint area but not exceeding 1,000 square
that meets the minimum lot feet footprint area shall be located at least 15 feet
area requirement for the given from any lot line.
size of accessory building. (Code 1984, § 10.03(9)(E))
3. In subdivision approval,the set- Sec. 78-1437. Plumbing.
back required for the oversize
accessory structure shall re- Because the provision of plumbing fixtures and
main. wastewater plumbing in accessory buildings has
Supp. No. 2 CD78:218
BUILDINGS AND BUILDING REGULATIONS §86-66
Sec. 86-39. Application, administration and building official with a duplicate copy to the
enforcement. appellant. It may recommend to the council such
(a) The application, administration, and en- new legislation as is consistent with such find-
forcement of the code shall be in accordance with ings. Voting members of the board may be paid a
Minnesota State Building Code. The Code shall nominal per diem for services rendered in an
be enforced within the extraterritorial limits per- amount fixed by the council at the time the board
mitted by Minn. Stat. § 16B.62, subd. 1 when so is established. Administrative costs and the per
established by this section. diem expense of the board shall be paid by the
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, § 1, 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.
§ 168.62, 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 municipality 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 building code board of appeals may be estab- DIVISION 2. CONSTRUCTION PERMIT
lished by the council as and when necessary to
hear and make findings as to any issue arising Sec. 86-66. Required.
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 by 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
officio 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. 3 CD86:5
r -
§86-66 ORONO CrrY CODE
without first obtaining a separate building or (3) All multifamily and nonresidential con-
general permit for each such building, structure struction,24 months,except when a longer
or separate component from the city. time is authorized by the council at the
(Code 1984, § 12.02) time the original permit is issued.
(b) Notwithstanding continuing or ongoing work
Sec. 86-67. Limitations. nor issuance of new or extended permits, all
The issuance of a permit for any single compo- exterior work shall be expeditiously brought to
nent shall not imply authority for construction or completion to protect adjoining and nearby prop-
inclusion of other components. prop-
erties as follows:
(Code 1984, § 12.02) (1) No land shall remain disturbed and ex-
posed without established grass or other
Sec. 86-68. Application; information re- ground cover for a period exceeding 12
quired. months, or any lesser period as may be
specified in the permit.
The application for a construction permit shall (2) All exterior construction, including sid-
include such information as may be required by ing, roofing, doors, windows and finish,
the city, which may vary between building com- shall be completed and present a finished
ponents. appearance within 12 months of the start
(Code 1984, § 12.02) of construction.
Sec. 86-69. Contractor licensing require- (c) Failure to complete such exterior construc-
ments. tion shall result in the suspension of the existing
permit until payment of 100 percent of the origi-
The permit for any construction work requiring nal building permit has been made. Should this
a license under statute or this Code shall be not satisfy the time and materials expenditure of
issued only to the licensee upon proof of holding a staff, the city shall directly bill the amount ex-
current license and bonding and insurance as ceeding the permit with payment required prior
required by statute or this Code. to issuance of a final occupancy permit. Any
(Code 1984, § 12.03) payment under this section does not negate the
permit limits of subsection (a) of this section and
Sec. 86-70. Permit expiration. may not be applied to satisfy payment for a new
permit under this section. This does not release
(a) Notwithstanding continuing or ongoing work, the permittee from making appropriate life safety
any building permit issued by the city shall expire corrections nor negate other building code require-
and by limitation be null and void and shall ments.
require issuance of a new permit and payment of (Code 1984, § 12.05)
half the original permit fee if a certificate of
occupancy and final completion has not been
issued within the following length of time after
the date of permit issuance, which new permit
and fee shall be necessary to reimburse the city
for ongoing and more than normal number and
cost of inspection services:
(1) Single-family residential dwellings,includ-
ing new construction,remodeling or addi-
tions, 24 months.
(2) Accessory buildings on single-family resi-
dential properties, 12 months.
Supp.No. 3 CD86:6
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KENNETH N. POTTS, P.A. 5101 Thimsen Avenue
Attorney at Law Suite 200
MINNETONKA, MINNESOTA 55345
-4240
TELEPHONE(952)474
ECE1vE® TELECOP ER(952)474-0987
aU� 3 1 2p06
O�- OR0140 July 27, 2006
Mr. Lyle Oman
Building Official
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
RE: State v. James Leroy Barth
Dear Mr. Oman:
Mr. Barth appeared in court on July 25, 2006. He pleaded not guilty claiming that
this garage was built back in 1992 and he thinks he is complying with all of the permit
requirements. In any event, the matter will be scheduled for a court trial I believe some
time in September. I will advise you of the exact date. You will have to be present in
court to testify, bringing any documents that you possess indicating that his building the
garage and the 8 x 12 foot addition were more recent than what he claims. If you have
any questions concerning this procedure please give me a call.
Sincerely,
44"�� /*
Kenneth N. Potts
KNP/sb
a
COPY
STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT
COUNTY OF HENNEPIN 3rd DIVISION ORONO
STATE OF MINNESOTA COMPLAINT X SUMMONS
vs Plaintiff,
— WARRANT
Name James Leroy Barth _ CALENDAR DATE
first middle last
Address 3725 Togo Road
City/ Wayzata, MN 55391 Calendar Date
State Zip Code
Driver's License No.
COMPLAINT
Inv. Correy Farniok ; Complainant, being duly sworn, makes complaint to the above-named
Court and states that there is probable cause to believe that the Defendant committed the following
offense(s). The complainant states that the following facts establish PROBABLE CAUSE:
SEE ATTACHED
WHEREFORE, Complai a rays that said offender may be arr
.e"sted and-dealt wittrlccording to law.
to law.
th N, t s ;'
Prosecutor's Name & Signature Complauyfant's Signatu♦e
Sworn to and subscribed and complained of before me this day of 20
Section Orono Ordinance 86-37(1)
Charge FAILURE TO OBTAIN PERMIT
Judge of District Court
Your Complainant is a supervisory official with the Orono Police Department and in that,
capacity has reviewed the report of Building Official Lyle Oman who is employed by the
City-of Orono;whereupon he learned the following:
Lyle Oman's report states that in January 2004 the City of Orono approved a garage
addition on property owned by James Barth at 3725 Togo Road in the City of Orono,
County of Hennepin, State of Minnesota. Bruce Vang, Field Inspector, employed by City
of Orono conducted an inspection in January 2004 and found that the City had approved
a 32'x26' garage but Barth had extended the garage out farther than that and had not
secured a permit to do so. Lyle Oman wrote James Barth letters advising him of this fact
on January 21, 2004, February 4, 2004 and April 18, 2006, again noting that he had to
secure a permit for-this addition and he has failed to do so.
OFFENSES
Based upon the foregoing, Complainant states that in January 2004, in the City of
Orono, the Defendant did:
COUNT ONE. FAILURE TO OBTAIN REQUIRED PERMIT(Orono Ordinance
86-37(1).
Maximum Sentence: $300.00
Jaynes Leroy Barth did do any work without first obtaining a required permit from the
city authorizing such work in violation of Orono Ordinance 86-37(1).
The prosecutor certifies pursuant to M.R. spm i ii vii i. I +,,.+ ;+ ;A .LS -ILL a
justice that the Defendant not be imprisoned if convicted of the above-referenced offense
and therefore certifies it as a petty misdemeanor.
KENNETH N. POTTS, P.A. 5101 Thimsen Avenue
Attorney at Law Suite 200
MINNETONKA,MINNESOTA 55345
TELEPHONE(952)474-4240
RECEIVED TELECOPIER(952)474-0987
s t P 2 1 2006 September 20, 2006
CITY OF ORONO
Mr. Lyle Oman
Building Official
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
RE: State v. James Leroy Barth
Dear Mr. Oman:
Please be advised that the above-entitled matter is scheduled for a court trial to be
held on October 17, 2006 at 1:30 p.m. at the Hennepin County District Court. Please
bring all paperwork you have in regard to this matter. If you have any questions please
give me a call.
Sincerely,
n
Kenneth N. Potts
KNP/sb