19-067RESOLUTION 19 -067
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
A RESOLUTION
ORDERING THE REMOVAL OF AN ILLEGAL STRUCTURE AT 5815 CLUB LANE
Recitals
1) In the matter of an addition ( "Addition ") to the structure located at 5815 Club Lane, in
the City of Shorewood, shown and described in Exhibit 1 to this Resolution, and legally
described as:
Lot 45, Auditor's Subdivision. No. 133, Owned by Joshua and Lauren Riedel, and
Jeremy Riedel; and,
2) The house at 5815 Club Lane has had an unfinished building Addition under construction
for more than five years; and,
3) With the permission of the property owners, city staff visited the property on February 6,
2018, and based on that visit requested that a structural inspection and a building code
compliance inspection be undertaken to determine code or structural issues with the
Addition; and,
4) It was necessary to obtain an administrative warrant to conduct the inspections directed
by the council, and the city obtained an administrative warrant on February 26, 2019, and
on March 21, 2019 a structural inspection was conducted by Craig Oswell, Oswell
Engineering, and a building code compliance inspection was conducted by Scott Qualle,
MNSPECT, LLC.; and,
5) Based on those findings, city staff recommended, pursuant to MN Statutes, that a hearing
be called on the condition of the Addition; and,
6) On May 13, 2019, the Shorewood City Council called for a hearing to take place on June
24, 2019; and
7) The hearing was held on June 24, 2019 pursuant to required notice and was continued to
July 8, 2019; and,
Resolution
NOW THEREFORE BE IT RESOLVED, that pursuant to Minnesota Statutes, Section 461.15
through 463.26, and Minnesota Rules 1300.0180, the City Council of the City of Shorewood,
having duly considered the matter, makes the following findings of fact:
1. Work specified in expired building permit, A -24 -15 has not been completed, and
inspections were not properly called for.
2. Substantial structural work on the Addition was done outside the scope of permit A -24-
15 for which no plans were submitted.
3. On or about May 22, 2017, a portion of the Addition partially collapsed, injuring one of
the occupants.
4. The Addition has been under construction for more than five years, exposing structural
elements, sheeting, fasteners, and other construction elements to rain and snow, meaning
the materials are questionable and an evaluation that shows the materials are suitable for
use has not been provided to the city.
5. The Addition failed to meet numerous building code regulations and is deemed unsafe
per MNSPECT report dated March 26, 2019.
6. The Addition fails to meet structural requirements of the MN Residential code and is
deemed unsafe per Oswell Engineering report dated March 28, 2019.
7. The Shorewood Building Official /Building Inspector has found the Addition to be unsafe
and hazardous.
BE IT FURTHER RESOLVED, that pursuant to the foregoing findings of fact, the Shorewood
City Council hereby makes the following declaration and orders:
1. The Addition to the structure is found to be unsafe and hazardous. Owners are prohibited
from occupying or otherwise using the Addition.
2. Orders the owner of record to remove the Addition of said structure.
3. Orders that unless an answer is served upon the City of Shorewood within twenty (20)
days form the date of service of this order, a motion for summary enforcement of this
order will be made to the District Court of Hennepin County, Minnesota.
4. Orders that if the City is compelled to take further action, all necessary costs incurred by
the City will be assessed against the subject property and will be collected in accordance
with Minnesota Statutes, Section 463.21 or may be recovered by obtaining a judgment
against the owner of the real estate on which the Addition is located or the hazardous
conditions exist.
5. The Mayor, City Administrator, City Clerk, City Attorney, and other officers and
employees of the City are authorized to take such action, prepare, sign and serve such
papers as necessary to comply with this order and assess the costs thereof against real
estate described for collection along with taxes.
Adopted this 8th day of July, 2019.
G TTEST
H A L
Sandie Thone, City Clerk
EXHIBIT 1
The Addition is defined as:
Any part of the structure shown within the redlined area on the attached survey, not including the
"Existing Dwelling ". This includes structure constructed above existing dwelling, proposed
addition, front landing and porch. Construction to be removed includes all footings, foundations,
framing, roofing, and related construction.
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