HomeMy WebLinkAbout#5011-renovation of non-conforming access bldg-2003 r �
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�� ���,. p~' RESOLUTION OF THE CITY COUNCIL
L`9�k'SgOg'� NO. �`� � � �
A RESOLUTION
ALLOWING THE RENOVATION OF
A NO�'CONFORl�IING ACCESSORY STRUCTURE
AT 3980 DAHL ROAD
FILE NO. 03-2909
`VHEREAS,Thomas P. McGlynn (hereinafter"the applicant") is the owner of the
property located at 3980 Dahl Road �vithin the City of Orono (hereinafter the "City") and legally
described as follows:
� That part of Government Lot 4,Section 8,Township 117,Ranae 23,lying North of a
line drawn East perpendicular to the`Vest line of said Lot from a point on said`Vest
line distant 1022.80 feet 1\'orth from the `Vest Quarter corner of said Section;
Hennepin County,NTinnesota;
(hereinafter the "property"); and
WgiEREAS,the property contains an accessory structure(hereinafter referred to as
the "boathouse") �vhich has been located for many years within 7�' of the OHWL of Lake
Minnetonka where no such structures are normally allotived, and is therefore considered as a
nonconforming structure; and
WHEREAS,nonconformin�structures within 75'ofthe shoreline are subject to the
requirements of NSunicipal Zoning Code Section 10.55, Subd. 26; ar,d
«'HEREAS, 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
�vhich do not comprise structural alterations; and
`VHEREAS,prior to issuing the buildin�permit the Building Official met with the
contractor to review which of the proposed renovations tivould be permitted; and
`VHEI:EAS, the contractor in order to complete the permitted renovations moved
the boathouse off its foundation; and
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�VHEREAS,the contractor proceeded to reconstruct the post and beam foundation
of the structure, re-usin� the pre-existing posts and beams but reconfiguring them in a manner to
provide a more stable foundation for the structure; and
`VHEREAS, the reconfiguration of the foundation is considered as a structural
alteration to the boathouse; and
�VHEREAS,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 structura�
alterations or additions to any nonconformin�structure over its life to not exceed 50 percent of its
value at the time the structure became nonconforming; and
WHEREAS,the provisions of Section 10.55,Subd.26(E)prohibit the reconstruction
of any nonconforming structure which has been des�royed 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
January 1, 1975 and had an estimated value at that time of approximately�1,200; and
`VHEREAS, the value of the �vork 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�vas not expanded, chan�ed, enlarged or
altered in any way�vhich would increase its nonconformity.
2. The City Council finds that the boathouse by virtue of its temporaryrelocation durin�
renovation�vas not `destroyed' as that term is used in 10.55, Subd. 26(E).
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��L 2 � �r�G~ RESOLUTION OF THE CITY COUNCIL
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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.
CONCLUSIOI�'S, ORDER AlV'D CO�IDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
determines as follows:
1. The renovations performed by the contractor are 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 by virtue of its temporary relocation,and has not been
enlarged or expanded in ways which would increase or chanoe the amount of hardcover,the
setback from the OHWL or any other standard governed by the terms of Section 10.55, and
therefore no special approvals are required.
3. The boathouse may be placed back on its reconfigured foundation tivithout further action by
the City.
Adopted by the Orono City Council on this 28th day of July, 2003.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, 1�layor
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�'�i� CITY of ORONO
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument�vas aclrnowledged before me on this o�� day of J � ,2003
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporatio and said
instnunent was executed on behalf of the City.
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KRISTI B.ANDERSON � � �
:: _�,,��r= Nr�iARY�IJBL�-MiNNESCfT1 �� Not Public
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STATE OF MII�TESOTA
COIJNTY OF HENNEPIN
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The foregoing instrument�vas acknowledged before me on this�day of C�_`��� ,2003
by Linda S. Vee, City Clerk of the City of Orono; a Minnesota municipal corp ation and said
instrument was executed on behalf of the City.
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R/aCHEL DODGE �� �� �- �-- ��—� •� .
NOTARv,r-UBUC-bilN"!E^OTA � I�Totary Public
'; t.4y Commission Expires Jan.31,2CC5 `'
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