HomeMy WebLinkAboutRe: non-conforming lot Mike Gaffron
From: Mike Gaffron
Sent: Monday, June 22, 2015 1:05 PM
To: 'Thomas Kunik'
Subject: RE: 2765 Shadywood Rd.
Attachments: 2765 Shadywood -VAR-CUP Resolution No. 6397.pdf; Survey showing Average Setback
Lines.pdf; Zoning Code Section 78-71.pdf
Tom—
The existing house at 2765 Shadywood Road is nonconforming with regards to required setbacks from Lake Minnetonka.
The house sits on a peninsula with lake frontage on the north and south boundaries.Approximately the southern half of
the house is less than the required 75-foot setback from the OHWI. Rebuilding of the existing residence on the property
would be subject to the provisions of Orono Zoning Code Section 78-71 (attached). To summarize, if the existing
structure was voluntarily and intentionally removed, it could be rebuilt in-kind (no expansion outward or upward, must
be on same footprint) if a permit was applied for within 180 days of the removal. If a permit is not applied for within
180 days,then all new construction on the property must be in conformance with the zoning code.
Based on the survey as well as the attached variance&CUP resolution which documents the location of improvements
and approved hardcover for the site, it appears that a new residence meeting the required 75' lake setbacks from both
sides of the peninsula would likely be feasible, although somewhat limited in depth to approximately 35 feet and width
approximately 120 feet. The property would be limited to 25%hardcover. The height limit would be 30'and no more
than 2-1/2 stories. The only issue I see regarding buildability would be the need to meet an average lakeshore setback
from the northerly lakeshore, based on a straight line drawn between the locations of the two adjacent residence
structures.A new house would have to be set south of the northerly average setback line,which removes a significant
amount of the buildable area. In order to encroach northward of that line, a variance would be required (see survey
with sketch).
Mike
Michael P.Gaffron
Senior Planner ,
City of Orono
(Street Address)2750 Kelley Parkway
(Mailing Address)P.O.Box 66,Crystal Bay,MN 55323
Phone:(952)249-4622
Fax: (952)249-4616
From:Thomas Kunik [mailto:Thomas.Kunik@hennepin.us]
Sent: Monday,June 22, 2015 11:53 AM
To: Mike Gaffron
Cc: Melanie Curtis; Christine Mattson
Subject: 2765 Shadywood Rd.
Mike, I am going to court on Thursday on 2765 Shadywood Rd.This property is owned by Thomas M. Randgaard. 1 met
with the Hennepin County Attorney this morning and she is requesting information on buildability of this property if it ,
was to be sold and demolished. She would like to know what size footprint could be built; is this currently conforming or
non-conforming as to setbacks, hardcover,encroachments? If built new would they be able to build a two story home or
would they be limited to a rambler? I have attached a map and it shows that some of the parcel sits in the cove, how
does that affect the buildability.She would like me to get back to her A.S.A.P. I am sorry for the short notice but I was
just notified this morning on this. If you have questions, let me know.
1
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Orono, MN Code of Ordinances Page 1 of 3
Sec. 78-71. - Nonconforming structures and uses.
(a) General provisions.
(1) Purpose. It is the purpose of this section to regulate nonconforming structures and uses, and
to specify those requirements, circumstances and conditions under which nonconforming
structures and uses will be operated and maintained.The Zoning Code establishes zoning
districts and specific uses which are permitted within each district. It is necessary and
consistent with the establishment of these districts that nonconforming structures and uses
not be permitted to continue without restriction.
(2) Effective date. Any structure or use lawfully existing upon the effective date of this section shall
not be, enlarged, expanded, extended, or altered in any manner which increases its
nonconformity, but may be continued at the size and in the manner of operation existing
upon such date except as hereinafter specified or, subsequently amended.Any land or
buildings which were actually and legally devoted to a nonconforming use on�anuary 1, 1975,
and which were thereafter specifically allowed to continue said nonconforming use under the
terms of a conditional use permit issued by the city council, shall be allowed to continue under
the terms of said conditional use permit.
(3) Safety repairs. Nothing in the Zoning Code shall prevent the placing of a structure in safe
condition when said structure is declared unsafe bythe building official.
(b) Nonconforming uses.
(1) Change to conforming use. When any lawful nonconforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter be changed to any
nonconforming use.
(2) Change to new nonconforming use. An existing nonconforming use may not be changed to
another nonconforming use.
(3) Relocation of nonconforming use.
a. No nonconforming use shall be moved to another lot or to any other part of the parcel of
land upon which the same was conducted at the time of this section's adoption unless
such movement shall bring the nonconformance into compliance with the requirements
of this section.
b. Nonconforming non-structural hardcover may be relocated, including full replacement,to
any other part of the parcel of land upon which the same was conducted at the time of
this section's adoption, provided that:
1. The hardcover is nonconforming only by reason of the percentage of land devoted to
the use or the square footage of the use.
2. The relocation does not physically enlarge the size of the nonconforming use.
3. The relocation does not substantially change the character of the nonconforming use.
4. The relocation does not create a new nonconformity with respect to size or
placement by relocating to a different hardcover zone as such zones are defined in
section 78-1288.
5. The relocation complies with all applicable setback requirements for the district in
which it is located.
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Orono, MN Code of Ordinances Page 2 of 3
6. No relocation, in whole or part, is made within 75 feet of the ordinary high water level
of any lake or tributary.
(4) Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land
may be changed to decrease the nonconformity of use. Once the nonconforming use of such
structure or parcel of land has been so changed, said use shall not thereafter be altered to so
as to increase the nonconformity from its decreased state.
(5) Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or
land is discontinued and remains discontinued for a period of 12 months, any future use of
said structure or land shall be in conformity with the provisions of the Zoning Code.
(6) Normal maintenance. Normal maintenance of a building or other structure containing or
related to a lawful nonconforming use is permitted, including incidental alterations which do
not physically extend or intensify the nonconforming use.
(7) Alterations to lawful nonconforming units. Alterations may be made to a conforming building
containing lawful nonconforming units, provided they will not increase the number of units or
the nonconformity.
(8) Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged.
However, a lawful nonconforming gun club may apply to the city council to modify its hours of
operation or to expand its operations within the existing de�ned parameters of the property.
(c) Nonconforming structures.
(1) Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have
been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be
reconstructed and used as before if within 12 months after such calamity the property owner
applies for a building permit to replace the structure. If no permit is applied for within the time
period then the whole structure shall be demolished, and any construction thereafter shall be
in full compliance and accordance with the provisions of the Zoning Code.
(2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and
intentional removal of all or portions of a lawful nonconforming structure.Whenever a lawful
nonconforrriing structure shall be destroyed by means other than fire, flood, explosion,
earthquake, war, riot, or act of God, to any extent then such structure may be restored only if
a building permit is applied for within 180 days of the commencement of the destruction. If no
permit is applied for in the 180 days then the structure shall be built in full compliance and
accordance with the provisions of the Zoning Code.
(3) Expansion of nonconformingstructures. No expansion of nonconforming structures shall be
permitted except as specifically listed and allowed herein:
a. Expansion of nonconformingsingle family residence structures. Lawful, nonconforming single
family residential structures may be expanded, provided:
1. That the expansion does not increase the nonconformity, and complies with all
height, setback, hardcover and lot coverage requirements of the district in which it is
located.
2. That if the structure is nonconforming only with respect to substandard lot area or
width for the district in which it is located,the expansion shall meet all height,
setback, hardcover and lot coverage requirements of the district in which it is located.
3.
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Orono, MN Code of Ordinances Page 3 of 3
That in cases where the lot line setback of a structure is less than 50 percent of the
required setback for that zoning district,the city will require at a minimum that
applicant shall make up the discrepancy by enlarging the opposite required yard
depth to result in an aggregate yard depth equivalent to the combined required yard.
b. Expansion of residential accessorystructures. Lawful, nonconforming residential accessory
buildings may be expanded provided:
1. That the expansion does not increase the nonconformity of the accessory building,
and complies with all height, setback, and hardcover and lot coverage requirements
of the district in which it is located.
2. That if the accessory structure is nonconforming only with respect to substandard lot
area or width for the district in which it is located, the expansion shall meet all height,
setback, hardcover and lot coverage requirements of the district in which it is located.
3. That in cases where an accessory structure encroaches upon the lot line setback, the
city will require at a minimum that the existing accessory structure shall be modified
so that it becomes completely conforming with respect to setbacks.
(4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of
the parcel of land upon which the same was constructed at the time of this section's adoption
unless such movement shall bring the nonconformance into compliance with the
requirements of the Zoning Code.
(5) Prior permit Any proposed structure which will, under this section, become nonconforming
but for which a building permit has been lawfully granted not more than six months prior to
the effective date of this section, may be completed in accordance with the approved plans;
provided construction is started within six months of the effective date of this section, and
continues to completion within two years. Such structure shall thereafter be a legally existing
nonconforming structure.
(Ord. No. 33 3rd series, § 1, 2-27-2006; Ord. No. 85 3rd series, § 1, 2-14-2011)
Editor's note— Ord. No. 33 3rd series, § 1, adopted Feb. 27, 2006, repealed the former§ 78-71, and
enacted a new§ 78-71 as set out herein.The former§ 78-71 pertained to nonconforming uses and
derived from Code 1984, § 10.03(5).
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