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February 7, 2011
SENT VIA U.S. CERTIFIED MAIL NO.:
7007 0220 0000 1989 7701
Ronald B. Peterson
4700 West Branch Road
Mound, MN 55364
RE: Building Code Violations
4700 West Branch Road / PID 06-117-23-33-0004
Mr. Peterson,
On January 10, 2011, City Staff observed a newly constructed building at your address 4700 West Branch Road.
City records indicate there are no permits issued for such a project. Per City Code 86-66 (copy attached) it is
unlawful to construct a building without the proper permits.
This letter is your official notification that your property is in violation of City Code Section 86-66. Your property
must be brought into compliance on or before Monday, February 21, 2011 in order to avoid enforcement action
by the City. In order to bring the property into compliance you must either remove the building from the property
or complete and submit the enclosed building permit application and all of the highlighted submittals including an
updated certificate of survey. An after-the-fact fee will be applied to your permit.
Please note, this building may not conform to zoning regulations and may not be a permitted structure in the
current location, configuration or permitted on the property at all. We must review your proposal to determine how
or if it complies. Your property is located within the RR-1B zoning district. Your building must adhere to the RR-
1B district requirements as well as the requirements set out within City Code Chapter 78 Division 3 regarding
accessory buildings (also attached).
Please be advised, if you fail to correct the violations this matter will be forwarded to the City Attorney for review
and may result in criminal prosecution.
If you have any questions, you can contact me at mcurtis@ci.orono.mn.us or 952.249.4627.
Sincerely,
CITY OF ORONO
/ Orr
Melanie Curtis
Planning &Zoning Coordinator
Enclosures
c US Mail
Lyle Oman, Building Official
Telephone(952)249-4600 •Fax (952) 249-4616
www.ci.orono.mn.us
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4
4700 West Branch
February 7,2011
Page 2 of 4
Sec. 86-66. Required.
It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish
any building or structure, or any part or portion, including but not limited to the general construction, plumbing, water well, on-
site sewage treatment system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause such
work to be done, without first obtaining a separate building or general permit for each such building, structure or separate
component from the city.
(Code 1984, § 12.02)
Sec. 78-420.Area, height, lot width and yard requirements.
(a) Height. No structure or building in the RR-1B district shall exceed 2 1/2 stories and shall not exceed 30 feet
in height except as provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot Area (acres) Lot Width (feet) Front Yard (feet) Side Yard (feet) Side Yard Adjacent Rear Yard (feet)
to Street(feet)
2 200 50 30 50 50
(Code 1984, § 10.28(5); Ord. No. 18 3rd series, §3,9-27-2004)
DIVISION 3.
ACCESSORY BUILDINGS
Sec. 78-1431.Accessory buildings and structures on through lots.
All accessory buildings and structures on through lots located in R districts shall meet the following requirements:
(1) The building or structure shall meet the principal building setbacks that are established under sections 78-
230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444.
(2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or
structure, determined at the discretion of the planning director.
Should the planning director determine that item (2) above cannot be met an accessory structure or building may be permitted
by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or
structure.The planning commission may apply reasonable conditions as part of the approval.
(Code 1984,§ 10.03(10); Ord. No. 15 3rd series, § 1,6-28-2004)
Sec. 78-1432.Time of construction.
No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to
which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be
removed. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating
the following:
(1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of
demolition; to begin construction on the new residence within 120 days of demolition; and to complete all
exterior work within one year of building permit issuance and interior work within two years of building permit
issuance.
(2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe,
the applicants shall remove the accessory structures at the applicants'expense, or the applicants shall apply
for an extension of this agreement.
(3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2),
the applicants hereby agree as follows:
a. The city may enter upon the property and remove the accessory building(s).
b. The city may assess the costs of removal to the property.
(4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the
chain of title of the property.
(5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its
terms, as shown by his/her/their signature(s) upon the document.
(6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the
city from and against all claims, damages, losses or expenses, including attorney fees, which the city, city
council and agents and employees of the city may suffer or for which it may be held liable, arising out of or
resulting from the assertion against them of any claims, debts or obligations in consequence of the
performance of the terms of this agreement.
(Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004)
•
4700 West Branch
February 7,2011
Page 3 of 4
Sec. 78-1433. Height restrictions.
No accessory building in an R district shall exceed the height of the principal building, nor shall an accessory building exceed
30 feet in height.
(Code 1984, § 10.03(9)(B))
Sec.78-1434.Area restrictions.
In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in
excess of 1,000 square feet will be allowed under the following conditions:
(1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized
accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet,
except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are
not considered as oversize accessory structures, but are subject to the special setback restrictions of
section 78-1404:
a. Tennis courts.
b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000
square feet.
c. Paddocks or arenas.
(2) Oversized accessory structures are regulated by the following table:
Lot Area(acres) Maximum Individual Maximum Allowed Total
Accessory Structure of All Accessory
Footprint Area (square Structure Footprint
feet) Areas* on a Property
(square feet)
0--1.99 1,000 2,000
2.00--3.00 1,200 2,400
3.01--3.50 1,400 2,800
3.51--4.00 1,600 3,200
4.01--4.50 1,800 3,600
4.51--5.00 2,000 4,000
5.01--6.00 2,200 4,400
6.01--7.00 2,400 4,800
7.01--8.00 2,600 5,200
8.01--9.00 2,800 5,600
9.01 or more 3,000 6,000
*Excluding nonroofed tennis courts, pools, paddocks, arenas.
(3) Any oversize accessory structure shall be subject to the following conditions:
a. No such accessory structure shall be located within a required yard area (principal structure
setbacks must be met). Further, no such structure shall be nearer the front lot line than the front
line of the principal residence on the property, and no such accessory structure shall be located
less than 30 feet from the side or rear lot line regardless whether less strict principal structure
setbacks apply.
b. The maximum height for such accessory structure shall be 30 feet or the defined height of the
principal residence structure on the property,whichever is less.
c. Such structure shall be allowed only when the property owner agrees and covenants in writing with
the city as follows:
1. No future subdivision will be approved that places the structure within a lot that has no
principal structure, except that the city in its subdivision approval may grant a finite time
period in which the oversized accessory structure may remain without a principal
structure, in order that a principal structure may be constructed. At the end of this time
period, the oversized accessory structure must be removed if no principal structure has
been constructed.
2. If the property is subdivided, the oversize accessory structure and principal structure will
be located together within a lot that meets the minimum lot area requirement for the given
size of accessory building.
3. In subdivision approval, the setback required for the oversize accessory structure shall
remain.
Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property.
(Code 1984, § 10.03(9)(C))
Sec. 78-1435. Location.
•
4700 West Branch
February 7,2011
Page 4 of 4
Except as may be specifically provided, no detached garage or other accessory building shall be located nearer to the front or
street lot line than the principal building on that lot. Detached garages or other accessory buildings on lots which have frontage
on a lake may be located between the rear yards of such lots and the principal building only if setback requirements of section
78-305(b), section 78-330(b) and section 78-350(b) are met. Detached garages on lots that have frontage on a lake may be
located ten feet from the street or rear lot line when doors face away from the street and an adequate vehicle turnaround is
provided on the site. This section shall not apply to lakeshore lots that are divided by streets or private roads or are corner lots.
(Code 1984, § 10.03(9)(D); Ord. No. 52 3rd series, §2, 11-24-2008)
Sec. 78-1436.Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area shall be
located at least 15 feet from any lot line.
(Code 1984,§ 10.03(9)(E))
Sec. 78-1437. Plumbing.
Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such
buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the
allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is
conforming in location, size and height.
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or
bathtub shall be allowed in any accessory building that is conforming in location, size and height with,
subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to
handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant
providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub
shall be allowed only in an accessory building that is conforming in location, size and height and which
meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use permit; or
b. The accessory building has been approved for a bathtub or shower in accessory building
conditional use permit.
(Ord. No. 179 2nd series, § 1, 10-12-1998; Ord. No.45 3rd series, § 11, 2-25-2008)
Sec. 78-1438. Crowding principal building.
No accessory building or structure, unless an integral part of the principal building, shall be erected, altered or moved within
ten feet of the principal building, nor within ten feet of another accessory structure.
(Code 1984, § 10.03(12))
Sec. 78-1439. Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property line when
the doors face on a public alley or street.
(Code 1984,§ 10.03(13))
Sec. 78-1440. Exterior materials.
Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger, an
accessory building and the principal building shall be consistent in design and color. Detached garages located within the rear
yard on lots that have frontage on a lake shall have windows or other ornamental features on the wall facing a street or private
road.
(Ord. No. 52 3rd series, §3, 11-24-2008)
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Melanie Curtis
Planning & Zoning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
2
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CITY et ORONO CALLED IN
INSPECTION NOTICE SCHEDULED ,7 -2,2:11
PERMIT NO. COMPLETED
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❑ FINAL 0 SEWER HOOK-UP ❑ COMPLAINT
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_ 0 DEMO-FINAL ❑ SEPTIC INSTALL 0 HARD COVER REMOVAL
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INSPECTOR WILL RETURN ❑CITATION ISSUED
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14 March 2011
Ronald B. Peterson
4700 West Branch Road
Mound, MN 55364
RE: Building Code Violations
4700 West Branch Road / PID 06-117-23-33-0004
Mr. Peterson,
On January 10, 2011, City Staff observed a newly constructed building at 4700 West Branch Road. City records
indicate there are no permits issued for such a project. You were notified of the violation by US Certified Mail on
February 7, 2011. In the February 7, 2011 letter you were given a deadline of Monday, February 21, 2011 to
bring your property into compliance.
With the exception of a phone call/email inquiry by a land surveyor, we have received no communication from you
regarding this violation. Your property remains in violation of City Code Section 86-66. Your property must be
brought into compliance on or before Monday, March 21, 2011 in order to avoid enforcement action by the City.
In order to bring the property into compliance you must either remove the building from the property or complete
and submit a building permit application, including an updated certificate of survey. An after-the-fact fee will be
applied to your permit.
Please be advised if you fail to correct the violation in the time provided, this matter will be forwarded to the City
Attorney for review and may result in criminal prosecution.
If you have any questions, you can contact me at mcurtis(a�ci.orono.mn.us or 952.249.4627.
Sincerely,
CITY OF ORONO •
i
0
Melanie Curtis
Planning &Zoning Coordinator
Enclosures
c Lyle Oman, Building Official
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
crteaDATE TIME
CITY OF ORONO CALLED IN
INSPECTION NOTICE SCHEDULED
PERMIT NO. COMPLETED
ADDRESS 44'ict WeSi--43t lh i L
OWNER TELEPHONE NO.
CONTRACTOR 'n, 1p�
DESCRIPTION VI(OILA� �twWJ
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❑ TREE REMOVAL
Z ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION
Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS
❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT
❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP
_ Cl DEMO-FINAL ❑ SEPTIC INSTALL 0 HARD COVER REMOVAL
J ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL
▪ OWNER/CONTRACTOR TO MEET YOU:_YES NO
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❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTO TAKEN
INSPECTOR WILL RETURN ❑CITATION ISSUED
❑STOP ORDER POSTED.CALL INSPECTOR
❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS.
Call for the next inspection 24 hours in advance. (952) 249-4600
Owner/Contractor on site:
Inspector. �- V1 Icon
White Copy/Inspector's File Canary Copy/Site Notice
Christine Mattson
From: Melanie Curtis
Sent: Wednesday, February 16, 2011 12:31 PM
To: 'Paul Otto'
Cc: Christine Mattson
Subject: RE: 4700 West Branch Road
Paul —Thanks for the email. No, the trees are not necessary. The property is not located within the Shoreland overlay
district so the hardcover calculation worksheets are not required. We do need all of the improvements to the lot (existing
and proposed) to be shown as well as a footprint calculation for all of the buildings/structures. Because of the potential
to affect the nearby wetlands topography is required — existing and any proposed grading.
Can you locate the approximate edge of the wetland/drainageway with all of this snow? (see the aerial photo below)
Direct Dial: 952.249.4627
Fax: 952.249.4616
Planning &Zoning Office 952.249.4620
Email: mcurtisaci.orono.mn.us
Website: www.ci.orono.mn.us
From: Paul Otto jmailto:paul@ottoassociates.coml
Sent: Wednesday, February 16, 2011 12:19 PM
To: Melanie Curtis
Subject: 4700 West Branch Road
Hi Melanie -
I am working with Ron Peterson at 4700 West Branch Road. It sounds like he built a shed without a permit
and is now required to get a permit after the fact. I am going to be preparing a survey for him. I have reviewed
the Survey requirements on the city website and have a few questions: 1) does he need topography?
2) do we need the trees 6" and larger located?
3) I assume we will need the hardcover located and calculated on the survey.
Also, if there is anything else that you need for this property let me know and we can get it on the survey.
Thanks for your time.
Paul E. Otto, P.L.S., P.E.
President
Office: 763-682-4727
Fax:763-682-3522
eTTo
SSOCIA TES
Engineers&Land Surveyors, Inc.
9 West Division Street,Buffalo,MN 55313
www.ottoassociates.com
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oCITY of ORONO
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\' -— Orono, MN 55356 Crystal Bay, MN 55323-0066
27 April 2011
Ronald B. Peterson
4700 West Branch Road
Mound, MN 55364
RE: After-the-Fact Building Permit 2011-00172
Mr. Peterson,
Thank you for submitting an updated survey for the after-the-fact building permit for the shed on your
property. Upon review, the survey shows the newly constructed shed located 8.8 feet from the west,
side property line. A minimum of a 10-foot setback is required by City Code Section 78-1405(6) -
enclosed. The shed must be moved to a conforming location to be in compliance with City Codes.
Once the shed is re-located, a revised survey showing the shed in a conforming location should be
submitted and a follow up inspection will be required. As this is an after-the-fact situation and until
resolved, is considered a violation, re-location of the shed must be completed by May 16, 2011.
To discuss this matter or if you have any questions, you can contact me at mcurtisci.orono.mn.us or
952.249.4627.
Sincerely,
CITY OF ORONO
/
Melanie Curtis
Planning &Zoning Coordinator
Enclosure
c Lyle Oman, Building Official
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
•
4700 West Branch Road
27 April 2011
Page 2 of 3
Sec. 78-1405. Nonencroachments.
The following shall not be considered to be encroachments on yard requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical
devices, cornices, eaves, and the like, provided they do not extend more than two feet into a
required yard.
(2) Nameplate signs for one-family dwellings; lights for illuminating parking areas, loading areas or
yards for safety and security purposes, provided the direct source of light is not visible from the
public right-of-way or adjacent residential property, may be located to within five feet of the front
lot line.
(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the
height of the ground floor level of the principal building and extend to a distance of not less than
two feet from any lot line.
(4) In side or rear yards only, bays not to exceed a depth of two feet nor to contain an area of more
than 20 square feet, fire escapes not to exceed a width of three feet, and open off-street parking.
(5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters and recreational
equipment except as otherwise regulated; no accessory structure shall be closer than five feet
from a rear lot line.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line.
(7) Fences erected in all zoning districts are considered as a nonencroachment when they conform
to the following standards:
a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not exceed
a height of 42 inches above original grade.
2. Fences and walls within a required rear or side yard shall not exceed a height of
six feet above original grade.
b. Lakeshore lots.
1. Fences within the required street (rear) yard or side street yard of a lakeshore lot
shall not exceed 42 inches above original grade. Exception: A fence not
exceeding six feet in height may be located along the street lot line of a lake
frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes
of this section means any county road or state highway. If such fence involves fill
or berming, the total combined height of both fence and fill shall not exceed six
feet above the height of the crown of the major thoroughfare.
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in
height, and any portion located lakeward of the average lakeshore setback line
shall not exceed 42 inches in height. The term "average lakeshore setback line"
means a line drawn between the most lakeward projection of the fence owner's
principal residence structure and the most lakeward projection of the adjacent
affected principal residence structure.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore
lot, i.e., shall not be located within 75 feet of the shoreline for general
development lakes, 100 feet for recreational lakes, or 150 feet for natural
environment lakes.
c. Special provisions. Split rail fences of no more than three rails within a required front,
street or side street yard may have a maximum top rail height of 48 inches above original
grade. Board rail fences within a front, street or side street yard for the specific purpose
of enclosing permitted domestic animals may have a top rail height of 60 inches and shall
be no more than 50 percent opaque.
d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct
a required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a
dangerous condition.
2. Fences shall be installed with the finished side facing neighboring properties or
the street. The term "finished side" means that side having no structural
supports.
•
4700 West Branch Road
27 April 2011
rage 3 or 3
(8) Entrance monuments, defined for the purpose of this section as a nearly permanent physical
structure or object, natural or artificial, used to depict an entrance to the property, erected in all
residential zoning districts are considered nonencroachments when they conform with the
following standards:
a. Each monument, with a maximum of two per approved driveway access, shall be limited
to a single pillar with a footprint measuring no larger than 25 square feet and no length to
exceed five feet;
b. The monument must be setback a minimum of five feet from all property boundaries and
never fewer than ten feet from the edge of the paved, traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be submitted
for approval by the planning director;
d. All signage proposed for the monuments must comply with section 78-1467;
e. The monuments are limited to eight feet in height including any appurtenances. Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f. When more than one monument is proposed, and serving two or fewer residences, a
minimum horizontal width of 16 feet is required between them;
g. When more than one monument is proposed, and serving three or more residences, a
minimum horizontal width of 22 feet is required between them;
h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the
planning director.
When a gate is proposed, the following requirements must be met:
1. The gate must open into the property not outward towards the right-of-way, and
2. Gates serving two or fewer residences shall have a minimum horizontal width of
14 feet in the full open position, and
3. Gates serving three or more residences shall have a minimum horizontal width of
20 feet in the full open position, and
4. For all properties, gate height may not exceed the height of the monument,
measured from grade, unless principal structure setbacks are met (if monuments
are not proposed then gate height shall be regulated in accordance with the
fence height regulations of section 78-1405(7), and
5. Gates must maintain an opacity level of no greater than 25 percent, and
6. For locked and/or secured gates a knox box, meeting the standards set forth by
the police and fire department, must be provided for emergency access, and
7. On major thoroughfares the monuments and gates must be located 40 feet from
the paved, traveled road to allow for vehicle stacking. A major thoroughfare for
the purposes of this section means any county road or state highway.
j. A building permit is required for installation. A survey must be submitted depicting where
the monuments will be placed, and the property corner pins must be located for
inspection purposes.
(Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1--5, 11-26-2001; Ord. No. 12 3rd series, § 1, 5-24-2004;
Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008)
4 ' , _
O
O
.
CITYofORONO
vs, 1
ti Municipal Offices
Sifr Street Address: Mailing Address:
kESHO 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
27 April 2011
Ronald B. Peterson
4700 West Branch Road
Mound, MN 55364
RE: After-the-Fact Building Permit 2011-00172
Mr. Peterson, /67a7/
Thank you for submitting an updated survey for the after-the-fact building permit for the shed on your
property. Upon review, the survey shows the newly constructed shed locate 8.8 eet from the west,
side property line. A minimum of a 10-foot setback is required by City Code Section 78-1405(6) -
enclosed. The shed must be moved to a conforming location to be in compliance with City Codes.
Once the shed is re-located, a revised survey showing the shed in a conforming location should be
submitted and a follow up inspection will be required. As this is an after-the-fact situation and until
resolved, is considered a violation, re-location of the shed must be completed by May 16, 2011.
To discuss this matter or if you have any questions, you can contact me at mcurtis(a,ci.orono.mn.us or
952.249.4627.
Sincerely,
CITY OF ORONO
/ / AlOr
Melanie Curtis
Planning & Zoning Coordinator
Enclosure
c Lyle Oman, Building Official RECEIVED
MAY 16 Zu'i
CITY OF ORONO
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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