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Home My WebLink About10-31-2011 - const. w/o permit v. 4,. . O CITY of ORONO {{(` Municipal Offices Ik yal�` ). ,9., Street Address: Mailing Address: ; f�' l � 2750 Kelley Parkway P.O. Box 66 ;.�4 Orono,MN 55356 Crystal Bay,MN 55323-0066 �kE8H04 October 31, 2011 Anthony R. Soderman 975 Wildhurst Trail Mound, MN 55364 RE: Construction without a Permit at 975 Wildhurst Trail PID: 07-117-23-12-0002 I observed construction of a deck and after further investigation determined a building permit application was not submitted; on September 30, 2011 I issued a stop work order. Construction without a permit is a violation of City Code Section 86-37, copy attached. Since we have not received a building permit application, one is enclosed. Please be aware, construction of a deck (or structure of any kind) within 75' of the ordinary high water level (OHWL) is prohibited by City Code Section 78- 1288, copy attached. • This letter will serve as your notice that the property must be brought into compliance before Monday, November 9, 2011. In order to bring your property into compliance a complete building permit application, including a property survey meeting the City's requirements (enclosed) must be submitted or the deck must be removed on or before November 9, 2011. Thank you for your attention to this matter. If you have any questions, please don't hesitate to call me at 952.249.4600. Sincerely, CITY OF ORONO Lyle Oman Building Official Enclosure: Building Permit Application Survey Requirements City Code Sections 86-37 & 78-1288 Telephone(952) 249-4600 • Fax (952)249-4616 www.ci.orono.mn.us October31, 2011 975 Wildhurst Trail Page 2 of 6 Sec. 86-37. Unlawful acts. It is unlawful for any person to: (1) Do any work without first obtaining a required permit from the city authorizing such work. (2) Do any work beyond or outside the scope of a permit issued by the city. (3) Do any work prior to obtaining a required inspection and approval from the city, including failure to request any required inspection. (4) Fail to comply with the terms or conditions of a permit issued by the city, including failure to comply with all building or zoning requirements. (5) Fail to comply with any correction orders lawfully issued by the city when any work done is found to be in violation of or noncompliance with permit requirements. (6) Fail to stop or suspend work on any project or portion of a project in accordance with a lawfully issued stop work order. (7) Fail to pay any permit fee, inspection fee or reinspection fee. (8) Fail to comply with the terms and conditions of any building or zoning occupancy certificate. (Code 1984, § 12.08) Sec. 78-1288. Hard cover limitations. (a) Hardcover allotment. The following hardcover restrictions apply to all properties in the Shoreland Overlay District: (1) Hardcover zones. a. Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or tributary, no hard cover or impervious surface shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated elsewhere in this Code. b. Between 75 feet and 250 feet of the OHWL, there shall be no greater than 25 percent hardcover. c. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. d. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. (2) Zone to zone credit/debit. a. The allowed allotment of hardcover for the 250 feet to 500 feet zone or the 500 feet to 1,000 feet zone may be increased up to an unused square footage of allowable hardcover of a zone closer to the OHWL. b. Unused hardcover cannot be transferred to a zone closer to the OHWL. c. If hardcover is credited from one zone to another, additional hardcover may not be later added to the zone closer to the OHWL if the presence of such hardcover would have prevented the crediting. d. The allowed hardcover in any zone shall be decreased by the amount of legal non-conforming hardcover in the zone next closer to the OHWL. (b) Additional hardcover provisions. (1) Overhangs: a. Where an overhang is supported by a post, the area under the overhang to the outer edge of the post shall be considered as hardcover. b. All but the outer two feet of an unsupported overhang ten feet or more off the ground shall be considered hardcover. October31, 2011 975 Wildhurst Trail Page 3 of 6 The following drawings are included for illustrative purposes: [Drawing 1]. 0 Overhang Wall POStiSu•.ort p. ii '11-11-.11-11-11-11-11-II -II-II-11-11-11-II-II-II-II-II-II-II-I-II-II-II-II-II-II- • .III�I II�IIIJI II�III�fIIIIIIJIII�III��111111'111�I IIrr�lll�lll�intlll Overhang 11111 2' Wall p; Not Hard over *1 • i=i4iriririrT-iri1=n' 1-II-11=11=11=11=11=11-I I=11=11=11=11=11=11-11-11=11-II-I Overhangs October 31, 2011 975 WiIdhurst Trail Page 4 of 6 (2) Decks: Hardcover may be added under a deck attached to a principal structure if the deck is conforming or legal nonconforming and the added hardcover is otherwise permitted. (3) Driveway easements: The following principles apply where one or more properties (secondary property) gain its driveway access from an adjacent property (primary property) by virtue of a driveway easement: a. That portion of the driveway on the primary property that serves both the primary and secondary property is considered hardcover for the primary property. b. That portion of the driveway on the primary property that serves only the secondary property is not considered hardcover for either the primary or secondary property. c. The area of the driveway on the primary property that serves only the secondary property shall not be included in the lot area of the primary property for purposes of calculating hardcover. The following drawings are included for illustrative purposes: [Drawing 21 r/ 1 I: YHouse I r House j Cnnnn/7- �.r nfRrr y L/1 _/_L L LJ-L L Garage 1 Garage `y,L\_,is_i 1_\_1] L LI LL GL/ \1 v Primary �j Secondary Property A 1 Property f11 1 1 L —1_ J nT 1 �/-lTT/TT/-Tl-2 7r\Tr\-,T T7 1; 1 I; J rHouse 'I I House nn n nrr� -\rn 7-c7- y --/1 L/_!L,.--,- Garage Garage ��- L 1! 1 t y L LLL1 7/-4 1\1.111111_1 Primary Secondary Property Property /A-,---- ) k 1 L _L J //// =Excludable area-not covered in area nor hardcover of primary lot.Also not added to the hardcover calculations for the secondary property. Driveway Easements October 31, 2011 975 Wildhurst Trail Page 5 of 6 (C) Future improvements. The following items shall be included in hardcover calculations regardless of whether they are proposed to be construction at the time of building permit application: (1) Proof of a two-car garage (detached or attached). (2) For all garages a driveway, subject to the standards in paragraph (d) of this section. (3) A 24 inch wide sidewalk from the front door to the driveway. (4) The minimum stairway or landing at all exterior doors as required by the building code. (d) Driveways. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a driveway apron with minimum width equal to the width of the overhead door(s). For purposes of this section, a driveway apron is that portion of a driveway that extends 15 feet from the garage door(s) on an end loading garage. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways shall be at least eight feet in width at the street or private road. (5) A turnaround shall be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) "Wheel strip" driveways are allowed, but the entire width of the driveway (from outside to outside of the strips) will be considered hardcover. The following drawing is included for illustrative purposes: [Drawing 3]. 8' Backup Apron (If Required) i 8'x8'Minimum Garage � o E O � �O Side Load E m Em i E U' 1 Apron Depth 20'Min. End Load 4'Rad (Min) Minimum Width of Garage Door a . c_ ai t i C n o. ¢, v Minimum Taper 3 Driveway Width 2:1 2 E 8'Minimum (20'Maximum) Driveway Width 1 8'Minimum 1 5'Rad. 5'Rad. (20'Maximum) —.—; Edge of Right-of-Way (Lot Line) I I Minimum Driveway Standards October 31, 2011 975 Wildhurst Trail Page 6 of 6 (e) Compliance. (1) It is unlawful to convert, enlarge, or alter any structure or use any structure in a manner that violates the hardcover limitations. (2) Nonconforming hardcover may not be relocated or expanded in any way unless the property is brought into conformance except: a. A roofline may be changed but the roof may not be extended over unroofed portions of the structure. b. An additional story may be added over roofed portions of a structure. c. An open or screened porch may be converted into a two or three season porch or year round living space (including replacing a post foundation with a perimeter foundation) provided hardcover is not increased. (3) This section is independent of lot coverage regulations in the city Code. Accordingly, a property must conform to both hardcover and lot coverage regulations. (Ord. No. 101 2nd series, § 1(10.56(16)(L)), 2-24-1992; Ord. No. 59 3rd series, § 3, 5-11-2009)