HomeMy WebLinkAboutAugust 2013 correspondence Koko
CITY OF ORONO
Street Address: Mailing Address: Telephone(952)249-4600
2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616
Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
9 CE SHOO'
August 27, 2013
Frederick N. Puzak
1350 Baldur LLC
4400 West Arm Road E.
Spring Park, MN 55384
Re: City Code Violations at Lots 25 and 33, Baldur Park
Property Identification Numbers 08-117-23 31 0010 and 08-117-23 31 0018
On Monday July 8th, 2013, violations of City Code Sections 78-1432 and 78-349(5) were noted on your
properties adjacent to 1340 Baldur Park Road. Specifically, City staff observed boats being stored at
accessory docks extending from two tax parcels which do not contain a permitted principal use.
Additionally, boats being stored at the dock extending from Lot 25 have subsequently been identified
through title registration records as neither being owned by you personally nor by 1350 Baldur LLC, but
by other parties. During inspections on or after July 8, the following boats were observed to be docked,
none of which register to you: 31' SeaRay, MN9025KC; 36' Wellcraft, MN4416JQ; 34' Wellcraft,
MN2394KD. When we met you on Baldur Park Road on July 8 you indicated that you are renting out the
dock slips on Lot 25 in order to pay the taxes on your properties.
The installation and use of accessory docks extending from each of the above noted properties is a
violation of Orono City Code Section 78-1432, which does not allow the construction of an accessory
building or structure on any lot prior to the time of construction of the principal building to which it is
accessory. Additionally, the rental use of the dock extending from Lot 33 is a violation of Orono City
Code Section 78-349, which allows private docks only as an accessory use (which by definition first
requires the existence of a permitted use) but specifically prohibits rental use of a private dock. Further,
rental of in-water boat slips is allowed as a permitted use only within the B-2 Lakeshore Business District,
and is not an allowed use in the LR-1C Lakeshore Residential District in which the subject properties are
located. In summary, your commercial use, i.e. rental of dock slips, is considered a violation of City Code.
This letter will serve as your notice that the properties in question are in violation and must be
brought into compliance by or before September 12, 2013. In order to bring your properties into
compliance the docks must be removed from the lake and must be removed from the properties on
receipt of this letter. Until such time that the docks are removed from the lake and removed from the
properties, the properties will be considered in violation. Your properties will be reinspected for
compliance with this order on or after September 13, 2013. I have attached the pertinent City Codes for
your reference. If you have any questions, please don't hesitate to contact me at 952-249-4622 or
mgaffron(a)_ci.orono.mn.us.
Sincerely,
CITY OF ORON
Michael P. Gaffron
Asst. City Administrator
Attached: City Code Sections
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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)
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Sec. 78-349. Accessory uses.
Within any LR-1C one-family lakeshore residential district, the only permitted accessory uses
and structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period
not to exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this
chapter.
(4) Private recreational facilities subject to the pertinent accessory structure location and
height requirements of this chapter.
(5) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements. The accessory use of a private dock shall not include
renting space.
(6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs, as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this
chapter.
(10) Gardening and other horticultural uses, including arbors, trellises, aviaries and
decorative landscape features, and lawn sprinkler systems.
(11) Compost structures and firewood piles, subject to the accessory structure location
requirements of this chapter.
(12) Home occupations, as defined in this chapter. All home occupations shall comply with
the provisions of section 78-1376, and the licensing provisions of[section] 26-76,
when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the
premises, provided such stand does not exceed 200 square feet in area and is
located at least 30 feet back from the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles,
etc., subject to the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice
fishing houses and similar structures equipped with wheels or mounted on a trailer
shall be regulated as recreational vehicles. Ice fishing houses and similar structures
not equipped with wheels or mounted on a trailer shall be regulated as accessory
buildings and subject to accessory building regulations.
(15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of
four consecutive days and occurring no more than two times within one calendar year
per property; and sales of personal or recreational vehicles and equipment, limited to
no more than two items per calendar year, and such items for sale shall not be parked
in any portion of the public right-of-way, public boulevard, or required front yard except
a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to, and subordinate to, the allowed
permitted and conditional uses in this district.
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(Code 1984, §§ 10.20(4), 10.25(5); Ord. No. 161 2nd series, §6, 6-7-1997; Ord. No. 221 2nd series, §3, 9-23-2002;
Ord. No. 82 3rd series, § 16, 12-13-2010; Ord. No. 93 3rd series, §3, 6-25-2012;Ord. No. 96 3rd series, §3(3.01,
3.02), 11-13-2012; Ord. No. 106 3rd series, § 7, 6-10-2013)
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