HomeMy WebLinkAboutResolution 1254 i , <
� Cit� of ORONO
� RESOLUTION OF THE CITY COUNCIL
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NO. 1254
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A RESOLUTION DENYING A CONDITIONAL USE PERMIT
AND VARIANCES REQUESTED BY CORTLEN CLOUTIER
FOR PROPERTY LGCATED AT 2480 CASCO POINT ROAD
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and
462 et. seq. the City Council of the City of Orono has adopted
zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS, Cortlen Cloutier has applied for a conditional use
permit and variances to the non-conforming use sections and to the
hardcover regulations for lakeshore property to permit the following:
� l. To convert the second story of an e�isting boat
house to a guest house apartment.
2 . To add a three-seasoned porch, 13 '6 " X 18 '6 " , to the
second story of the existing boat house.
WHEREAS, the City Council has reviewed the application; the
recommendations of staff and the Planning Commission; affidavits from
Mike Scheller, Maurine and Wilbur Andersen; comments by neighborhood
citizens; and letters and comments by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City af Orono hereby denies the application for a conditional use
permit for a guest house (Section 34 . 027) and hereby denies all variances
which would first be required to approve said conditional use permit,
which variar.ces propose new work within 75 feet of lakeshore
(Section 34 . 202) , expansion of a non-conforming use (Section 31. 108) ,
and a change from the existing non-conforming use to another non-
conforming use (Section 31. 101) , all of which denial is based upon
one or more of the following findings of fact:
l. The Cloutier property consists of approximately three
acres legally described as follows:
Lots 1, 3 & 4 , Block 1 and Outlot 1,
• Tillson ' s Villa Carman
c
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� � Cit� of ORONO
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'�� RESOLUTION OF THE CITY COUNCIL
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2 . The existing boat house construction commencing
sometime prior to May 7, 1971, was completed in
the fall of 1971.
3 . Building permit No. 2495 was written to cover
construction of a single-story boat house capped
with deck, approximate size 20 ' X 30 ' .
4 . Building permit No. 2495 was issued on May 7, 1971;
fee of $5.00 was based on valuation of building
material at $500 .00 ; all work to be done by the
owner.
5. The affidavits of Mike Scheller, former building
inspector, and rlaurine and Wilbur Andersen, neighbors
residing at 3555 Fredrick Street, attest that the
original permit was to cover a single-story structure
• capped with a deck. No second story was ever authorized
by permit and the inspector ' s affidavit states that he
inspected a structure assumed to be complete that did
not contain any second story.
6 . Following receipt of a complaint by an anonymous neighbor
on June 19 , 1980 , an inspection was made by the building
inspector and the zoning administrator of the boat
house . The following was noted:
a) A two-story boat house not of recent construction
b) A 14 ' X 18 ' incomplete addition attached to lakeside
� of second story, including stud walls and roof and
large window areas in walls.
c) Partial installation of a new furnace .
d) Partial connection of sewer and water lines for
sinks and stool stored in second story.
7. The City files have no record of a building permit
being issued for second story of boat house required
by Ordinance 32 . 260 of the zoning code.
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� � C�t� of ORONO
• '�` RESOLUTION OF THE CITY COUNCIL
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NO. 1254
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8 . The City files have no record of a building permit
being issued for the three-seasoned porch addition.
Section 32. 260 of the zoning code requires building
permits for erection or structural alteration of all
structures in the City.
9. The City files have no record of a mechanical permit
being issued for partial work done on furnace. of
boat house.
10 . The City files have no record of a plumbing permit
being issued for partial plumbing work done for boat
house , including underground sewer and water piping
installed.
11. The boat house , located 30 feet from shoreline of
Carman ' s Bay, has been a non-conforming use as of
January l, 1975 per Sections 34 . 201 and 34 . 202.
• 12 . The City files have no record of a Certificate of
Occupancy being issued for the non-conforming boat
house structure per Section 32 . 250 .
13 . The City files have no record of a conditional use
permit being issued for the non-conforming boat
house use per Section 34 . 480 .
14 . Construction or occupancy of guest houses have
required prior City Council approval of a conditional
use permit since the adoption of the first Comprehensive
Zoning Code , Ordinance NO. 93 in 1967.
15. The City files have no record of any application by
Cloutier or any other person to have a guest house
on this property, until this application was made in
1980 .
16 . The Assessor, on January 2 , 1977, appraised the fair
market value of the single story and deck at $2, 500 .00 .
17. The second story and proposed three-seasoned porch are
an expansion cf a non-conforming use .
18 • The City has consistently denied variances for expansion
• of non-conforming structures .
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l Cit� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1254
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19 . A guest house use is a change from the original
non-conforming use of the boat house .
2a. The existing structure could not meet the setback
standards required by the conditional use permit
for a guest house .
21. Applicant applied for a conditional use permit to
relocate a guest house on his three-acre site, but
withdrew the application on January 19, 1981 when
he realized the required average lakeshore setback
for the relocated structure would interfere with an
addition proposed for the main house. In that application,
the second story would have been removed and the remaining
boat house capped with a deck.
22 . The proposed addition of a three-seasoned porch
within the restricted lakeshore setback area is
• additional hardcover as prohibited by Section 34 . 202,
and is a violation of the 75 ft. lakeshore setback
regulations of Section 34 . 201.
23 . Applicant argues that the building permit issued by
the City on May 7, 1971 must have included the request
to build a second story even though the building permit
clearly does not provide such a right and that in 1971,
he would have had a right to build an upper story, such
arguments have no merit for one or more of the following
reasons:
' a) A building permit has not been provided for upper
story.
b) Building permit No. 2495 was written for only
$500 .00 .
c) Cost of construction material for a two-story
structure in 1971 would have been more than $500 .00 .
d) There are no architectural plans on file to
substantiate a two-story structure.
e) A conditional use permit would have been required
• in 1971 and there is none on record.
f) A mechanical permit would have been required in
1971 for all work done on furnace.
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� Clt� of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1254
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g) A plumbing permit would have been required in
1971 for all work on sewer and water lines.
h) There is no record of a State permit for the
electrical work.
i) Neighbors and former building inspector attest
the boat house structure was to be a single-story
structure capped with a deck.
j ) The State Building Code requires the inspection of
the various phases of construction and there is no
record of any except that the former building
inspector states he remembers inspecting a single-
story structure that he assumed was completed.
24 . The granting of the required variances would result
in the following violations of Section 32 . 340 of
• the zoning code with which the applicant must first
comply before the required variance can be granted:
a) The variances would have an adverse effect upon
the health, safety and welfare of the community.
b) The value of surrounding properties will be
adversely affected.
c) There are no special conditions applying to
the land in question which are peculiar to
the land or immediately adjoining property.
d) The granting of the application is not necessary
for the preservation and enjoyment of a substantial
property right of the applicant.
e) The granting of the variances would impair the
health, safety, comfort and be contrary to the
intent of the zoning code and Comprehensive Plan.
f) The granting of the variances will serve merely as
a convenience to the applicant, and is not necessary
to alleviate demonstrable hardship or difficulty.
S g) The granting of the variances would be adverse
to the regulations of the Minnehaha Creek Watershed
District.
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` C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 1254
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h) The granting of the variances would be adverse
to the Department of Natural Resources Shoreland
Management Regulations.
25. The applicant has not introduced any evidence contrary
to any of the above findings of fact, except to state
that he thought that permit No. 2495 covered all such
work, even though said permit contains no re�erence to
anything except a boat house and even though work was
suspended for at least nine years between 1971 and 1980 ,
during which time Cloutier did not continuously reside
on the property.
FURTHERMORE, BE IT RESOLVED that based upon the foregoing
findings that confirm the upper story was erected in violation of
the rules and regulations of the State Building Code and the Orono
Zoning Code, the City Council hereby requires the removal of the
entire second story of the boat house at 2480 Casco Point Road subject
� to the following conditions :
l . That applicant obtain the necessary building permits
to make the required structural changes to be completed
no later than six months after adoption of this resolution.
2 . Upon removal of the second story, the remaining structure
may be capped with a deck pursuant to obtaining a build-
ing permit therefore .
Adopted by the City Ccuncil of the City of Orono, Minnesota at a
regular meeting held March 9 , 1981 .
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� !��.��
illiam B. Van est, Mayor
Attest : ��-2%C„G��-�,����d7��
Alberta Strom, City Cler�c
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