Loading...
HomeMy WebLinkAboutResolution 5011 ... ' . -�, O� . � • O � � O �� - z CITY of ORONO � � ,.;-. � ti ��� �G~' RESOLUTION OF THE CITY COUNCIL �kES�IOg' NO. _ � � .� � . A RESOLUTION ALLOWING THE RENOVATION OF A NONCONFORMING ACCESSORY STRUCTURE AT 3980 DAHL ROAD � FILE NO. 03-2909 WHEREAS,Thomas P. McGlynn(hereinafter"the applicant") is the owner of the property located at 3980 Dahl Road within the City of Orono (hereinafter the "City") and legally described as follows: � � That part of Government Lot 4,Section 8,Township 117,Range 23,lying North of a line drawn East perpendicular to the`Vest line of said Lot from a point on said West line distant 1022.80 feet North from the `Vest Quarter corner of said Section; Hennepin County,Minnesota; • . � � � � (hereinafter the "property"); and • WHEREAS,the property contains an accessory structure(hereinafter referred to as the "boathouse") which has been located for many years within 75' of the OHWL of Lake Minnetonka where no such structures are normally allowed, and is therefore considered as a nonconforming structure; and WFIEREAS,nonconforming structures within 75'of the shoreline are subject to the requirements of Municipal Zoning Code Section 10.55, Subd. 26; and � WHEREAS, the applicant contracted Plekkenpol Builders (hereinafter the "contractor")to renovate the boathouse,and the contractor obtained a permit from the City allowing only a portion of the proposed renovations to occur, i.e. those renovations determined by the Building Official to be either cosmetic in nature or considered as non-structural maintenance, and � which do not comprise structural alterations; and � WHEY2EAS,prior to issuing the buildin�permit the Building Official met with the contractor to review which of the proposed renovations would be permitted; and WHEREAS, the contractor in order to complete the permitted renovations moved the boathouse off its foundation; and � � Page 1 of 4 _ �� � o.�,. � � � • � �. ° � � - � . CITY of ORONO � . ;. � � , ti ��� �G~' RESOLUTION OF THE CITY COUNCIL `�kEsBOg' . NO. � o � .� WHEREAS,the contractor proceeded to reconstruct the post and beam foundation of the structure, re-using the pre-existing posts and beams but reconfiguring them in a manner to provide a more stable foundation for the structure; and WHEREAS, the reconfiguration of the foundation is considered as a structural alteration to the boathouse; and � WHEREAS,the provisions of Section 10.55,Subd.26(A)allow the continuation of a nonconforming structure as long as it is not expanded,changed,enlarged or altered in a way which increases its non-conformity; and � � WHEREAS, the provisions.of Section 10.55, Subd. 26(B) limit the structural alterations or additions to any nonconforming structure over its life to not exceed 50 percent of its . value at the time the structure became nonconforming; and • WFIEREAS,the provisions of Section 10.55,Subd.26(E)prohibit the reconstruction . of any nonconforming structure which has been destroyed to an extent of 50%or more of its assessed value, except in conformity with the provisions of Section 10.55; and `VHEREAS,the City has determined that the boathouse became nonconforming on 7anuary 1, 1975 and had an estimated value at that time of approximately$1,200; and WHEREAS, the value of the work done by the contractor in relation to the foundation of the boathouse was declared by the applicant to be $505, as witnessed by an invoice for such work presented by the applicant at the July 14,2003 Council meeting. NO`V, THEREFORE BE IT RESOLVED by the City Council of Orono, � Minnesota: FINDINGS 1. The City Council finds that the boathouse was not expanded, chanjed, enlarged or altered in any way which would increase its nonconformity. . 2. The City Council finds that the boathouse by virtue of its temporary relocation during renovation was not `destroyed' as that term is used in 10.55, Subd. 26(E). • �� � Page 2 of 4 . � o,�,. . .. • � �, � �. - 3 CITY of ORONO � -- :. � , ti . ��i� �G~' � RESOLUTION OF�THE CITY COUNCIL � `�kEsKO4 No. �a 0 � � . 3. The City Council finds that the structural alterations to the boathouse and its ' foundation do not exceed 50%of its value as of January 1, 1975. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby determines as follows: 1. The renovations performed by the contractor aze not in violation of the provisions of Orono " Municipal Zoning Code Section 10.55,Subd.26,and no variance to said Section is required. 2. The boathouse has not ceased to exist byvirtue of its temporaryrelocation,and has not been ' enlarged or expanded in ways which would increase or change the amount of hardcover,the setback from the OHWL or any other standard governed by the terms of Section 10.55, ai�d • therefore no special approvals are required. � � 3. The boathouse may be placed back on its reconfigured foundation without further action by the City. . Adopted by the Orono City Council on this 28th day of July, 2003. ATTEST: .. , ,d� (/�- . ► � � Linda S. Vee, City Clerk � Barbaza A. Peterson, Mayor • �.ti Page 3 of 4 .� ^ •' � � . . I O� • O �, O ' ' � CITY of ORONO � ,� . .;. � . , ti ��� �G~' RESOLUTION OF THE CITY COUNCIL �kESI�Og' , NO. � � O .�� � �, , STATE OF MINNESOTA . . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�$ day of 3`�� ,2003 by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporatibn and said instrument was executed on behalf of the City. � � ' q KR1S�'I�.�1NOERSON �.�',,-,,.�.n- � ��vPt�t.tc-�wtt�srn'a NotaryPublic M Co�ssian E�ires Jan.31,2007 11 '�,r�.�' y �7,��� . � . . ST TE F MINNESOTA - � � . COUNTY OF HENNEPIN � . The foregoing instrument was acknowledged before me on this�� day of�u--�- ,2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instru.ment was executed on behalf of the City. �.� _ I�--�_���-�— ' . _�� ; , RACHEL DODGE Notary Public "'" �`" NOTARY PUBUC-MINNE^OTA �. •;�,;�` My CmwtdSsion Expkes Jan.31,20Q5 � �t � �.. Page 4 of 4 .: : .i.r.,