HomeMy WebLinkAbout02-21-2012 - const. w/o permit (undelivered cert. mail) v. O.iv.
O O CITY of ORONO
Municipal Offices
1 ° i `. Street Address: Mailing Address:
'c4 ,Y41�' ��;1 ,ti, 2750 Kelley Parkway P.O. Box 66
�� �' ,e,, t+ Orono,MN 55356 Crystal Bay,MN 55323-0066
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February 21, 2012
SENT VIA U.S. CERTIFIED MAIL NO.:
7007 0220 0000 1987 7604
Anthony R. Soderman
975 Wildhurst Trail
Mound, MN 55364
RE: Construction without a Permit at 975 Wildhurst Trail
PID: 07-117-23-12-0002
To date we have not received a response from you pertaining to our letter date December 16, 2011
regarding the deck and stair addition without proper approvals. This letter is to notify you your property
remains in violation of City Code Section 86-37; construction without a permit and 78-1288
hardcover/structure within 75' of the OHWL. As stated in our December 16, 2011, 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.
The new deck/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 discuss the variance process. Please be advised, a revised survey
reflecting current and proposed conditions will be required.
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 such documentation does not exist,
contact Christine Mattson at 952-249-4620 to discuss the variance process or remove the deck and stair.
Please contact us on or before March 6, 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
c=1
yle Oman
Building Official
Enclosure: City Code Sections 86-37 & 78-1288
Telephone (952) 249-4600 •Fax(952)249-4616
www.ci.orono.mn.us
•
February 21, 2012
975 WiIdhurst 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.
February 21, 2012
975 WiIdhurst Trail
Page 3 of 6
The following drawings are included for illustrative purposes: [Drawing 1].
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Overhang
t. 01 Post/Su•.ort
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Overhangs
February 21, 2012
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].
I— -,-,-/-/r/-7 rra T rc f\T fl r lT7
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YHouse A House
C .7777'7-71-"Pr/ T�\RR VC vc`C. 1
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LLl LC Ll/ ,,,.1.11.1 NAPrimary .t Secondary
Property /I Property
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Primary Secondary
Property \ / Property
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=Excludable area-not covered in area
nor hardcover of primary lot.Also not
added to the hardcover calculations for
the secondary property.
Driveway Easements
February 21, 2012
975 WiIdhurst 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].
Backup Apron
co (If Required)
7 / / / t t f 8'x8'Minimum
l
Garage
Side Load E a, /
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'E(7
i f
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End Load
4'Rad)\
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Minimum Width of
Garage Door
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Minimum Taper § Driveway Width
2:1 2 E . 8'Minimum
f
(20'Maximum)
Driveway Width _ 1
8'Minimum
5'Rad. i 5'Rad.-- )
(20'Maximum)—kin—B-1Edge of Right-Of-Way
(Lot Line)
Minimum Driveway Standards
February 21, 2012
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)
__ CERTIFIED MAIL,.
-.v,O,
0 0 CITY of ORONO
P.O.BOX 66
CRYSTAL BAY,MINNESOTA 55323
OS
RETUCE REQUESTED 7007 0220 0000 1987 7604
vd T5
MAR 132412
Of ORoN0 Anthony R. Soderman •
0-c.( 975 Wildhurst Trail _,; L4
Mound, MN 55364 f;)3
NIXIE 553 DE 1 00 03./11/12
RETURN TO SENDER
UNCLAIMED
UNADLE TO FORWARD
BC: 55323006666 *0470--06707-.22--39
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