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Melanie Curtis
From: Mike Gaffron
Sent: Monday, August 20, 2007 3:20 PM
To: Evelyn M. Turner; Melanie Curtis
Cc: 'Soren Mattick'; Lyle Oman; Bruce Vang
Subject: Fred Johnson Garage Proposed Bathroom and Kitchen at 4017 North Shore Drive
FYI: Mike Landon has applied for a permit to add a kitchen and bathroom to the second story of Fred Johnson's
garage at 4017 North Shore Drive. His note on the permit application says"attached to house". This is incorrect.
For all zoning purposes, this garage has been considered as a detached accessory building per finding#3e and
condition #2 of Resolution No. 5422. The garage was allowed to be located significantly less than 30' from the
street lot line based on this determination, because the tunnel was originally intended to be below ground, and
these would visually be separated. If the garage were now allowed to be considered as attached, it would be
nonconforming in location and would have to be moved.
The fact that part of the tunnel between the house and the basement of the garage is slightly above grade does
not change the basic premise that the garage is a separate accessory structure. As such, the addition of toilet,
tub or shower into the detached garage requires a Plumbing In Accessory Structure CUP per 78-348(17). This
property may not qualify for such a CUP for one or more reasons; for instance, it's on a 0.65 acre lot in a 1 acre
zone where such a CUP requires 2 acres.
Further, the addition of a kitchen clearly indicates a possible intent to use this as a guest house or dwelling unit
which requires a Guest House (not guest apartment, remember its detached) CUP, which in this 1-acre zone
requires 2 acres.
The building permit must be denied, and if the property owner pursues the CUP process, he should be advised of
the basic issues note above.
If/when a Certificate of Occupancy is issued for this property, I would like it noted on the C.O. that the garage is
considered as detached for all zoning code purposes, and any attempts to create an above-grade attachment will
be denied.
Michael P. Gaffron
Assistant City Administrator/Long Term Strategy
City of Orono
(Street Address)2750 Kelley Parkway
(Mailing Address) P.O. Box 66,Crystal Bay, MN 55323
Phone: (952)249-4600
Fax: (952)249-4616
12/19/2007
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