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Home My WebLink About12-16-2011 - Const. w/o permit 4/itv 0.1) . 4, CITY of ORONO Municipal Offices Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono,MN 55356 Crystal Bay,MN 55323-0066 �kEsBog' December 16, 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 Thank you for your letter dated November 1, 2011. As stated in our October 31, 2011 letter, construction within 75' of the ordinary high water level (OHWL) is prohibited by City Code Section 78-1288. If it could be determined the ground-level deck was an existing structure, it could be replaced in-kind. Unfortunately, after reviewing the file, including our microfilmed records, it appears we have no record of a ground-level deck existing on the property. Additionally, it appears your request also includes new hardcover and structure (newly constructed stair system) within 75' of the OHWL. This new stair is also not permitted. In summary, your property is in violation of City Code Section 86-37; construction without a permit and 78-1288 hardcover/structure within 75' of the OHWL. If you have documentation (photographs, survey, etc.) which support the existence of a grade-level deck, please provide this to us so we may review, confirm and process a permit for an in-kind replacement. Further the stair must be removed as it is new structure in an unpermitted location. Should you wish to pursue a setback and hardcover variance for the stair (and deck if necessary) please contact Christine Mattson, Planning Assistant to review the variance process. Please be advised, a revised, current survey will be required. Our survey standards are enclosed. In order to bring your property into compliance submit documentation supporting the existing grade-level deck, along with a building permit application for replacement in-kind. If documentation is not possible, contact Christine Mattson at 952-249-4620 to discuss the variance process. Please contact us on or before January 3, 2012 to resolve these outstanding issues and to avoid this matter being forwarded to our attorney. 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 6L4-- L Oman Building Official Enclosure: City Code Sections 86-37 & 78-1288 Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us December 16, 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. December 16, 2011 975 Wildhurst Trail Page 3 of 6 The following drawings are included for illustrative purposes: [Drawing 1]. 0 Overhang ;.;E A• y:EC Post/Su..ort NE 0.4 AN 1=d 11 II II 11=11 II 1h P 11=11 II 11 111111 11 11 II=11=11 11 II II-11=11 11=11 ... 1 11'-11' 11 11 II 11"11 It 1111 1111 II II II II-'ll II 11 Overhang 1.0112 Wall :y •; • . •v-r Not Har. .v-r •♦•� 1=111=11-1�-1 i1=11-11 December 16, 2011 975 Wildhurst 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 2]. r- --r- -i �/-7-7-/-7 Tom,.7".0-2rC'['-\'�'r\-C T\�T 7 I; 1 I. J r House 1 House 1 C 7,fin rirrn 7,-,-,t.c.cc cc\ 1 i L-,Y-/-z-,-z-,-,2-/-v Garage J Garage ,•-•-,2-�1 --\-- C y Primary � Secondary Property /1 Property f 1 1 1 L J r-�,T T/T r/7 T,7 T r,-,--,-,-,7� r 1 1, J rHouse 4 House CT,TJ T„T,T/) 7,7,RlCCCC\ 1 'L/1 L 1 L U1. _T Garage J C Garage ��u L-\� L„ --- - \- -.111.` Primary Secondary Property Property sL J ji 1 1 L _L J j/ X =Excludable area-not covered in area nor hardcover of primary lot.Also not added to the hardcover calculations for the secondary property. Driveway Easements December 16, 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' f— Backup Apron (If Required) i 8'x8'Minimum Garage / \ Bo , o Side Load E o, E m c C7 E Apron Depth 20'Min. End Load 4'Rad _i\ // "( ' (Min) Minimum Width of Garage Door v c_ y o in 0. I 0 Minimum Taper g Driveway Width 2:1 2 E - 8'Minimum (20'Maximum) Driveway Width1 M 8'Minimum 5'Rad. } 5'Rad. (20'Maximum)—i-�—+; Edge of Right-Of-Way (Lot Line) Minimum Driveway Standards December 16, 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) r .. .+ve,t Il;I tvtv Lli , -'..i , , . yq M II •e 1 •• e� 1 i 1fti. ..: e - T " v tk A -11*---- (( ay '. 1 7 = f •{ DATE TIME CITY OF ORONO CALLED IN INSPECT= N NOTICE SCHEDULED PERMIT II . _ COMPLETED `i $J ^t. ADDRESS 97< IA) OWNER _ _ TELEPHONE NO. CONTRACTOR • DESCRIPTION ❑ FOOTING ❑ PLUMBING FINAL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORE/WETLANDS h ❑ FRAMING D MECHANICAL FINAL ❑ TREE REMOVAL • ❑ INSULATION ❑ WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROGRESS ❑ FINAL ❑ SEWER HOOK-UP ❑ COMPLAINT ▪ ❑ DEMO-SITE ❑ SEPTIC MAINT. ❑ FOLLOW-UP ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL ❑ PLUMBING RI ❑ SEPTIC FINAL ❑ FOUNDATION/REMOVAL • OWNER/CONTRACTOR TO MEET YOU:_YES NO o COMMENTS: cc W J cc W cr O I ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE W ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY • ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY 0 BEFORE COVERING PERMANENT ❑CORRECT UNSAFE CONDITION WITHIN HOURS. ❑ PHOTO TAKEN INSPECTOR WILL RETURN ❑CITATION ISSUED (TOP ORDER POSTED.CALL INSPECTOR ❑ INSPECTION REQUIRED.CALL TO ARRANGE ACCESS. Call for the next inspection 24 hours in advance. (952) 249-4600 Owner/Contrac n Inspector. White Copy/Inspector's File Canary Copy/Site Notice liafiX9f)(121 DATE TIME CITY OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED I4•LI• I I PERMIT NO. COMPLETED ADDRESS [.�'�, W ► Ala Tr OWNER TELEPHONE NO. CONTRACTOR `� DESCRIPTION L1 1 i' O / t L ❑ FOOTING ❑ PLUMBING F AL ❑ EXCAV/GRADING/FILLING Q ❑ POURED WALL ❑ MECHANICAL RI ❑ LAKESHORENVETLANDS h ❑ FRAMING ❑ MECHANICAL FINAL ❑ TREE REMOVAL • ❑ INSULATION 0 WOOD BURNER/FIREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB 0 WATER HOOK-UP ❑ PROGRESS 0 FINAL 0 SEWER HOOK-UP 0 COMPLAINT 0 DEMO-SITE 0 SEPTIC MAINT. 0 FOLLOW-UP Lki 0 DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL ❑ PLUMBING RI 0 SEPTIC FINAL ❑ FOUNDATION/REMOVAL OWNER/CONTRACTOR TO MEET YOU:_YES_NO o COMMENTS: cc cc • tcd) titian CV (Eta n ? N v cc 7 v w/ .?" w,('1/ D'Fes/ W!,T p z W cc d WAC ❑WORK SATISFACTORY:PROCEED ❑ PROJECT COMPLETE ❑CORRECT WORK&PROCEED ❑ ISSUE CERTIFICATE OF OCCUPANCY • ❑CORRECT WORK,CALL FOR REINSPECTION TEMPORARY ✓ BEFORE COVERING PERMANENT ❑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 inspec24 hours in advance. (J52) 249-4600 Owner/Contractor ons Inspector. White Coy, nspector's File Canary Copy/Site Notice