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Home My WebLink About#1254 - CUP/variances - 1981 � � � c�t� o�e oR,oNo � RESOLUTION OF THE CITY COUNCIL NO. 1254 • � • A RESOLUTION DENYING A CONDITIONAL USE PERMIT AND VARZANCES REQUESTED BY CORTLEN CLOUTIER FOR PROPERTY LOi:ATED AT 2480 CASCO POINT RQAD WHEREAS, the City of (Jrono is a municipal corparation 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 canditional use permit and variances to the non-conforming use sections and to the hardcover regulations for Zakeshore property to permit the following; 1. To convert the second story of an existing 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 recammendations 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 tS�ction 34 .027) and hereby denies all variances which would first be required to approve said conditional use permit, which variances propose new work within ?5 feet of lakeshore (Section 34 . 202) , expansion of a non-canforming 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 � PAGE 1 OF 6 ' Cit� of ORtJNO RESOLUTION OF THE CITY COUNCIL NO. 1254 a � �► 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 blaurine and Wilbur Andersen, neighbors resid�,ng at 3555 Fredrick Str�et, attest that the original permi.t was to cover a single-story structure capped with a deck. No second story was ever authorized by permit and the insper:tor '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 rnade by the building inspector and the zoning administrator of the boat house. The following was noted: a) A two-story boat house not af 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 builda,ng permit being issued for secand story of boat house required by Ordinance 32 .260 of the zoning code. PAGE 2 OF 6 . • i.. ,��I"I clt� o� oR,oNo RESOLUTION OF THE CITY COUNCIL � NO. 1254 � � 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 furnac� 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. I1. The boat house, located 30 feet from shoreline of Carman 's Bay, has been a non-conforming use as of January 1, 1975 per Sections 34 .201 and 34.202. 12. The City files have no record of a Certificate of Occupancy being issued for the nan-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 apgroval of a conditional use permit since the adoption of the first Comprehensive Zoning Code , Ordinance N0. 93 in 1967. 15. The City files have no record of any app].ication 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 ,7anuary 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. PAGE 3 OF 6 . . � Clt� of ORON4 RESOLUTION OF THE CITY COUNCIL � Np, 1254 � � � � 19 . A guest house use is a change from the original non-conforming use of the boat hause. 2U. The existing structure could not meet the setback standards required by the conditional use permit for a guest house. 21. Applicant applied for a canditional use permit to relocate a guest house on his three-acre site, but withdrew the application an 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 applicatior, the second story would have been removed and the remaining boat house capped with a deck. 22 . The proposed addition of a three-seasaned porch within the restricted lakeshore setback area is additional hardcover as prohibited by S�ction 34 . 202, and zs 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 ther� is none on record. f) A mechanical permit would have been required in 1971 for all work done on furnace. PAGE � OF 6 ♦ S ' ♦ � ` � � Cit� of tJRONO RESOLUTION OF THE CITY COUNCiI � NO. 1254 � � g} A plumbing permit would have been required in 1971 for a11 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 �:he boat house structure was to be a single-story structure capped with a deck. j ) The State Building Code requires th� inspection of tYae various phases of construction and there is no record of any except that the farmer buildinq 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 violat�.ons af 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 speciai 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. g) The granting of the variances would be adverse to the regulations of the Minnehaha Creek Watershed District. PAGE 5 OF 6 _ �: . . , „ . � . . , ; c�t� o� o►R,oNo RESOLUTION OF THE CITY COUNCIL NO. 1254 � ,:� 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 wark, 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 anc3 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: 1. 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 structur� may be capped with a deck pursuant to obtaining a build- ing permit therefore. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 9 , 1981 . �, � � � � � ��- � � 4 illiam B. Van est, Mayor At t e s t: G�"..�C��-.G'z�,Q2-�-��-J Alberta Strom, City Cler PAG E 6 O F 6