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18-100CITY OF SHOREWOOD RESOLUTION NO. 18 —100 A RESOLUTION TO INSPECT 5815 CLUB LANE WHEREAS, The addition to the house at 5815 has been ongoing for several years; and, WHEREAS, City Staff conducted a cursory inspection of the addition on February 6, 2018; and WHEREAS, Staff reported the conditions to the City Council at the February meeting; and, WHEREAS, The City Council directed staff to work with the property owners to provide access so a building code compliance inspection could occur to ensure that the construction is consistent with the State Building Code; and, WHEREAS, City Staff has repeatedly attempted to receive permission from the property owners to allow the inspections to be completed but with limited success; and, WHEREAS, The property continues to be occupied with adults and children. No work has been done on the property since March, so the unsafe conditions, or conditions not incompliance with the code at that time continue and need to be corrected, NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL MAKES THE FOLLOWING FINDINGS: 1. Building Permit Number A- 24 -15, issued 3.12.2015, has expired. 2. Scope of Building Permit A -23 -15 was to repair and finish existing construction to enclose an unfinished space that has exterior compliant with code. 3. Owners have proceeded with construction of deck and porch on South side of building that was specifically not approved as within scope of Building Permit A- 24 -15. Owners installed deck footings without approval, constructed porch without submitting plans for review or approval and started wall insulation without approval. The porch subsequently collapsed and injured an occupant of the property. 4. Construction progress related to Building Permit A -24 -15 has been intermittent, not complete and not in compliance with Building Permit A -24 -15 required conditions. 5. Building Permit A -24 -15 requirements included installation of barriers to restrict access to persons, other than persons involved in construction. Owners have not scheduled an inspection to verify that the barriers have been installed. 6. Space enclosed by addition was being used for personal use unrelated to construction. Parts of the enclosed unfinished area of addition space are used as main entry, coat closet, living area and storage. Items in the unfinished area of addition that are set up and used include and are not limited to: refrigerator, children's toys, food coolers, furniture, lamps, swing, cabinets, clothes, pictures, space heater and other similar items. i. Required guardrails and barriers are not in place. Construction material condition and construction material installation appear to be problematic. Braced wall design requirements have not been provided. 8. Owner's use of the uncompleted addition creates a hazard. 9. Construction materials at site include items may no longer be suitable for use. 10. Owners have not provided structural engineer's assessment of existing construction material for suitability of use - installation and wall bracing requirements, as required by Building Permit A.24.2015. 11. City staff has attempted to contact the property owners on numerous occasions to gain their consent to have the property inspected, but without success. The city sent letters on March 13, 2018, May 2, 2018 June 26, 2018, July 10, 2018, and August 20, 2018. Based on the findings, the City Council hereby Resolves: 1. The above- referenced findings indicate an urgent need to inspect the property to identify deficiencies and ensure safety of the occupants of the property as well as compliance with the building code. 2. Because property owner has failed to comply with requested inspections, the Council hereby directs staff to proceed with obtaining an administrative warrant to access the property to conduct the building code compliance and structural inspections. 3. All costs related to obtaining the administrative warrant, conducting the inspections, and any enforcement or corrective action that is required based on the results of the inspections would be assessed against the property by future council action. Adopted this 9t" day of October, 2018. ATTEST Sandie Thone, City Clerk Dated: October 23, 2018 OFFICIAL CERTIFICATION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF SHOREWOOD ) I, Sandie Thone, duly appointed City Clerk of the City of Shorewood, Hennepin County, Minnesota; do hereby certify that the foregoing official 18 -100 A RESOLUTION TO INSPECT 5815 CLUB LANE was approved and adopted by the Shorewood City Council on October 9, 2018. The attached Resolution 18 -100 is a true and correct copy adopted by the Council of the City of Shorewood and is so recorded in the minutes of a meeting held on the 9th day of October 2018. 411- -T Sandie Thone City Clerk SHOREWOOD CITY CLERK'S OFFICE 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331