HomeMy WebLinkAboutRe: access. structures . �
Christine Mattson
From: Christine Mattson
Sent: Tuesday, October 13, 2015 10:46 AM
To: 'Robin Staloch'
Cc: 'gina@everlastenterprises.com'; 'Jim Cleary'; Melanie Curtis
Subject: RE: 2080 shoreline
Good Morning,
To address your question regarding an accessory structure with a cantilever of three feet, we measure
setbacks from the foundation. According to Citv Code Section 78-1405(4) bays or cantilevers are allowed in
side or rear yards, but not to exceed 2 feet in depth nor contain more than 20 square feet of aggregate area.
If you have any additional questions, please don't hesitate to contact us.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono I MN � 55356(physical addressJ
PO Box 66 I Crystal Bay I MN � 55323-0066 (mailing addressJ
'� 952.249.4620 ( 8 952.249.4616
� cmattson@ci.orono.mn.us � � www.ci.orono.mn.us
Office Hours: Monday- Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Wednesday, November 11,2015
-----Original Message-----
From: Christine Mattson
Sent: Friday, October 09, 2015 12:42 PM
To: 'Robin Staloch' <robinstaloch@live.com>
Cc: gina@everlastenterprises.com; Jim Cleary <jim@everlastenterprises.com>; Melanie Curtis
<MCurtis@ci.orono.mn.us>
Subject: RE: 2080 shoreline
Robin,
I am still researching code sections and consulting with my co-worker if the cantilever being proposed is
allowed in the setback. As soon as I have an answer I'll let you know.
Thank you.
-----Original Message-----
From: Robin Staloch [mailto:robinstaloch@live.com]
Sent: Friday, October 09, 2015 8:52 AM
To: Christine Mattson <CMattson@ci.orono.mn.us>
1
Cc: gina@everlastenter�rises.com; Jim Cleary <jim@everlastenterprises.com>
Subject: 2080 shoreline
Good morning Christine, Just checking in to see if perhaps you have had an opportunity to get Jim the
answers to his questions for our accessory structure or if you could possibly do that today? If we are going
to get this baby slammed in before the cold weather we have to make some fast decisions.
Best, Robin
Sent from my iPhone
2
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General Information Sheet ��KE=����f°
Date: �J// � /5 Time: �� �.1�v� �Counter ❑ Called
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Property Information
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City, Zip
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Contact Information
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Home Phone:
Cell Phone: �, �1 _ �� 8 - C1 ����
Email:
QUeStIOt1S Handout(s) Given: Yes ❑ No
❑Animal Regulations (Type: ) ❑ Hardcover Regulations
❑ Building Permit (Type: ) ❑ Land Alterations(_Minor/_Major)
❑ Building Permit Status ❑ Rebuild Questions
❑ CUP Process Retaining Walls (_<4'/_>4')
❑ Decks Setbacks
❑ Demo or Teardown Process ❑ Stairway to Lake
❑ Escrow Questions or Escrow Refund ❑ Subdivision Process
❑ Fence Regulations(_Lakeshore/_Non LS) ❑Variance Application Process
❑ Other/Additional
Other/Additional Questions & Staff's Notes/Response
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Hennepin County GIS -Printable Map Page 1 of 1
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Parcel �5-117-23-21-0006 ' A-T-B: Torrens Map Scate: 1"=100 ft. N
ID: ' Print Date: 10/1/2015 �
N�e� M Stewart&R Staloch , M o It $707,000
Parcel 2080 Shoreline Dr ' Tax $8,834.56 '
Address: Orono,MN 55391 ' Total: (Payable:2015) �
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P�O�� Residential : Sale $538,900
Type: ; P�iC@: This map is a compilation of data from various
' sources and is fumished"AS IS"with no
Home- ' Sale representation or warranty expressed or
stead• Homestead ' Date• 11/2012 implied,induding fitness of any particular
' ' purpose,merchantability,or the accuracy and
, completeness of the infortnation shown.
Parcel 1.95 acres Sale ;
Area: 85,122 Sq ft COde: COPYRIGHT�HENNEPIN COUNTY2015 E
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https://gis.hennepin.us/Property/print/default.aspx?C=454383.6383499997,4977265.49365... 10/1/2015
WELLS 8�SEPTIC SYSTEMS
An accessory builtling must be at least 3 feet (including overhangs) from a well; 20 feet from the drainfieltl and
10 feet from other parts of the septic system.
LOCATION
An accessory building must be at least 10 feet from the house (including a deck or overhang) and 10 feet from
any other structure. It may not be placed in a drainage, utility or similar easement.
Non-lakeshore lots:
An accessory building may not be placed closer to the street than the house. On a corner lot this requirement
applies to the narrower street frontage regardless of which frontage the front of the house faces or the atldress
of the house; principal building setbacks may be required. Special setbacks antl approval apply to a "through
IoY' (a lot with a street to both the front and back.) Contact the Planning and Zoning Department for more
information.
Setbacks for an accesso buildin of less than 750 s uare feet
Zoning District Interior Side Street Side* Garage- Other-
Rear Rear
R-1A 10' 35' 10' 5'
R-1 B 10' 15"� ��' 5'
LR-1A 10' S0' 10' 5'
LR-1 B 10' 35' 10' 5'
LR-1 C or LR-1 C-1 10' 15'*'' 10' S'
RR-1A 10' 100' 10' S'
RR-1 B 10' 50' 10' 5'
Setbacks for an accesso buildin of 750 to 1,000 s uare feet
Zonin District Interior Side Street Side* Rear
R-1 A 15' 35' 15'
R-1B 15' 15�*« 15�
LR-1 A 15' 50' 15'
LR-1 B 15' 35' 15'
LR-1 C or LR-1 C-1 15' 15'** 15'
RR-1 A 15' 100' 15'
RR-1 B 15' 50' 15'
Setbacks for an accesso buildin of more than 1,000 s uare feet
Zonin District Interior Side Street Side* Rear
� R-1A 30' 35' 15'
R-1 B 30' 30' 15'
LR-1 A 30' 50' 50'
LR-1 B 30' 35' 30
LR-1 C or LR-1 C-1 30' 30' 30'
RR-1 A 50' 100' 100'
RR-1 B 30' 50' 50'
*This setback applies to unimproved street right-of-ways as well as to improved streets."`Must be 30 feet if a detached garage with overhead door
facing the street side.
Reference: City Code Sections 78-1279, 78-1288, 78-1404. 78- This is an information sheet.Every effort has been made to
1405, 78-1435 through 9438 insure the accuracy of the information contained herein;
however,if any information is not consistent with provisions of
January 2013 the City Code, the Code provisions will prevail.
Page 2 of 4
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ACCESSORY BUILDINGS
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PERMR
A permit is required for all accessory structures. An application packet may be obtained on the City's website
(www.ci.orono.mn.us) or at the City offices.
DESIGN
Accessory structures 120 square feet or larger located on lots of less than 2 acres must be consistent in design
and color with the principal structure (house). Garages located within the rear yard on lots that have frontage
on a lake must have windows or other omamental, architectural features on the wall facing the street or private
road.
S�zE
Maximum Individual Accessory Maximum Allowed Total Footprint
Lot Area Building Footprint of All Accessory Buildings
on a Pro e *
0.00--1.99 acr�s 1,000 uare feet 2,000 uare feet
2.00--3.00 acres 1,200 s uare feet 2,400 uare feet
3.01-3.50 ac�es 1,400 uare feet 2,800 uare feet
3.51-4.00 acres 1,600 uare feet 3,200 s uare feet
4.01-4.50 acres 1,800 s uare feet 3,600 uare feet
4.51--5.00 acres 2,000 uare feet 4,000 uare feet
5.01-6.00 acres 2,200 uare feet 4,400 uare feet
6.01-7.00 acres 2,400 uare feet 4,800 uare feet
7,01-8.00 acres 2,600 s uare feet 5,200 uare feet
8.01-9.00 acres 2,800 s uar�feet 5,600 ua�e feet
9.01 or more 3,000 s uare feet 6,000 uare feet
*Only one accessory building may exceed 1,000 square feet.
ZI ' �- 3 ' C�.V�-. S�U%c,}e�
NUMBER
Absent any other zoning requirements there is no limit on the number of accessory buildings per property.
STRUCTURAL COVERAGEIMASSING � ,• �
Properties less than 2 acres in size are subject to a 15 percent structural coverage limitation. (See the ��
Structural Coverage information sheet.)
HARDCOVER
Properties located in Tier 1 though Tier 5 within the Stormwater Quality Overlay District are subject to
hardcover regula6ons. These are typically properties within 1,000 feet of lakes or 300 feet of certain creeks.
(See the Hardcover information sheet.)
Reference: City Code Sections 78-1279, 7&1288, 78-1404. 78- This is an information sheet.Every effort has been made to
1405, 78-1435 th�ugh 1438 inswe the accuracy of the infom►ation contained herein;
however,if any information is not consistent with provisions of
January 2013 the City Code, the Code p►ovisions will prevail.
Page 1 of 4
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Sec. 78-1.-Definitions.
The following words, terms and phrases,when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning. Unless specifically
defined in this section, the words and phrases used in this chapter shall have the meanings given to them
in chapter 82.
Building footprint means the outline of the total area covered by a building's perimeter at the ground
level (to the block/foundation).
(1) Carports, covered porches and other similar building features which have no exterior walls shall
be included as part of a building footprint by drawing a straight line between the outer edges of
all support structures(and the main building if applicable).
(2) The outer edge of building protrusions, bay windows or other similar features that extend oufinrard
from a building and are less than four feet from the ground shall be considered as part of the
building footprint.
Building height means the vertical distance between the highest adjoining ground level at the building
or ten feet above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the
deck line of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height
of the highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground
level above the existing terrain shall not be considered in determining building height. For a pitched or
hipped roof situation, regardless whether the highest living space in a building is a half-story or full story, if
the highest living space contains windows (excluding skylights) the upper measuring point for defining
building height shall be the median height of the top of the highest window and the highest peak of the roof.
Hardcover means a hard surtace that prevents or retards entry of water into the soil and causes water
to run off the surface in greater quantities and at an increased rate of flow than prior to development.
Hardcover shall include but not be limited to the following: all building footprints, driveways, sidewalks,
stepping stones, retaining walls, patios,courts(sport,tennis,etc),decks, pools,areas used forthe extended
outdoor storage of vehicles or equipment, and all other similar features or surfaces as determined by the
city engineer or city planner.
Sec. 78-1403.- Lot coverage and massing standards.
In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of less than
two acres shall comply with the following massing standards for structures:
(a) Maximum total footprints allowed.
(1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of
all principal and accessory structures shall not exceed 15 percent of the gross lot area.
(2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal
and accessory structures shall not exceed 1,500 square feet.
(b) Calculation of massing. The following shall be included in the calculation of the total combined
footprints by structures:
(1) All roofed structures more than six feet above grade level.
(2) Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed
by fences, railings or walls which extend more than six feet above grade level (if any portion
of such structures extends more than six feet above grade level, the entire structure shall
count toward lot coverage).
(Code 1984, § 10.03(14)(C); Ord.No. 215 2nd series, § 1, 3-11-2002; Ord. No. 99 3rd series, §
1, 1-28-2013)
Page 1
, �
Sec. 78-1405. - Nonencroachments.
(a) The following shall not be considered to be encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices,
eaves, gutters, and similar building elements, provided they do not extend more than two feet into
a required yard.
(2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this
chapter; lights for illuminating parking areas, loading areas or yards for safety and security
purposes, provided the direct source of light is not visible from the public right-of-way or adjacent
residential property and is located at least five feet from the front lot line; public utility poles and
overhead lines; mailboxes.
(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the
height of the ground floor level of the principal building and extend to a distance of not less than
two feet from any lot line. Window wells including those for fire egress which do not extend more
than five feet from the building. Sidewalks, driveways and parking areas when constructed,
located and used in compliance with other provisions contained within chapter 78. Driveways may
+ extend to within five feet of a side lo �
�,j � (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an
� aggregate area of more than 20 squar`'—e feet,�ire escapes not to exceed a width of three feet and
/ a depth of four feet, and open off-street parking.
(5 , a conies, breezeways, detached outdoor picnic shelters, laundry drying
equipment, and recreational equipment except as otherwise regulated; no accessory structure
shall be closer than five feet from a rear lot line.
(5.1)Retaining walls, subject to the following provisions:
a. Retaining walls may be located in all required yards when all of the following conditions are
met:
1. The structure is located at least ten feet from the edge of the traveled roadway;
2. The structure is not located within a drainage, utility, or other easement, except upon
approval in writing for an encroachment agreement by the city; or similar approval from
another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for adjacent
properties.
b. Retaining walls which do not exceed two feet in height above existing grade, which are
located within the property and at least five feet from any property line, and for which the
amount of imported fill associated with the structure does not exceed 20 cubic yards, do not
require a building or land alteration permit.
c. Retaining walls exceeding two feet in height above existing grade or for which the amount
of imported fill associated with the structure exceeds 20 cubic yards or which are located
less than five feet from a property line, shall require a land alteration permit and upon
recommendation of the building inspector may require city council review or a conditional
use permit per the provisions of section 78-967.
d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be
located so as to meet the required accessory structure setbacks established for that yard.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line.
(7) Air conditioning or heating equipment may be located within a required yard but shall be located
within five feet of the building it serves; shall not be located within an existing or required drainage
and/or utility easement; and shall be located at least five feet from any lot line.
Page 2
, �
(8) Fences erected in all zoning districts are considered as a nonencroachment when they conform
to the standards listed below. For the purposes of this section,the following definitions shall apply:
Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended
for a seasonal or temporary purpose.
Temporary fence. A fence that is not permanently secured or anchored to the ground by
posts or affixed footings, and is installed and removed on a limited term or seasonal basis such
as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences
installed for safety or access management purposes for special events; and fences installed for
the duration of a construction project such as silt fences, erosion control bioretention logs, and
septic drainfield site protection fences.
Fence height. The measurement from the top of any part of the fence, including posts or
other structural supports, lattice, ornate top design elements, and so forth measured to the
existing grade below the fence,as measured perpendicular to the slope(see Drawing). Exception:
Post finials extending above the top of the fence shall not be deemed as part of the fence for
height determination purposes as long as they do not exceed ten inches in width per finial and do
not extend above the top of the fence by more than ten percent of the allowed maximum fence
height at that location.
Drawing: Fence Height Measurement
on Sloped Site
��
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.
a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not exceed a
height of 42 inches above original grade.
2. Fences and walls within a required rear or side yard shall not exceed a height of six feet
above original grade.
b. Lakeshore lots.
1. Fences within the required street(rear) yard or side street yard of a lakeshore lot shall
not exceed 42 inches above original grade. Exception: A fence not exceeding six feet
in height may be located along the street lot line of a lake frontage lot which abuts a
major thoroughfare. A major thoroughfare for purposes of this section means any
county road or state highway. If such fence involves fill or berming, the total combined
height of both fence and fill shall not exceed six feet above the height of the crown of
the major thoroughfare.
Page 3
,
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,
and shall not exceed 42 inches in height for any portion located lakeward of a line drawn
befinreen the most lakeward projection of the fence owner's principal residence structure
and the most lakeward projection of the principal residence structure on the adjacent
property abutting the side yard in which the fence is located.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot,
i.e., shall not be located within 75 feet of the shoreline for general development lakes,
100 feet for recreational lakes, or 150 feet for natural environment lakes.
4. When the building site of a lakeshore lot is separated from the lakeshore by a public or
private road, the following definitions will apply for fence location purposes subject to
the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the
building site from the lake does not abut a street, such yard shall be considered as a
standard rear yard. The yard befinreen the building site and the street shall be
considered as a standard front yard.
c. Special provisions. Split rail fences of no more than three rails within a required front, street
or side street yard may have a maximum top rail height of 48 inches above original grade.
Board rail fences within a front, street or side street yard for the specific purpose of enclosing
permitted domestic animals may have a top rail height of 60 inches and shall be no more
than 50 percent opaque.
d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a
required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a dangerous
condition.
2. Fences shall be installed with the finished side facing neighboring properties or the
street. The term "finished side" means that side having no structural supports.
3. Fencing materials shall consist of permanent all weather products.
4. Temporary fencing shall not be allowed to remain on the property following final
inspection, or issuance of a certificate of occupancy for a permitted construction project,
or protection of property during a similar project or winter conditions. Winter conditions
shall be defined as October 15 through March 31 of the following year. Temporary
fencing associated with a special event shall be removed within seven days of the end
of such event. Temporary fencing materials shall not be allowed to remain on a
permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or other
characteristics may be replaced in kind.
(9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical
structure or object, natural or artificial, used to depict an entrance to the property, erected in all
residential zoning districts are considered nonencroachments when they conform with the
following standards:
a. Each monument, with a maximum of two per approved driveway access, shall be limited to
a single pillar with a footprint measuring no larger than 25 square feet and no length to
exceed five feet;
b. The monument must be setback a minimum of five feet from all property boundaries and
never fewer than ten feet from the edge of the paved, traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be submitted for
approval by the planning director;
Page 4
d. All signage proposed for the monuments must comply with section 78-1467;
e. The monuments are limited to eight feet in height including any appurtenances. Any
monument exceeding the maximum height must meet principal structure setback
requirements;
f. When more than one monument is proposed, and serving two or fewer residences, a
minimum horizontal width of 16 feet is required befinreen them;
g. When more than one monument is proposed, and serving three or more residences, a
minimum horizontal width of 22 feet is required between them;
h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning
director.
i. When a gate is proposed, the following requirements must be met:
1. The gate must open into the property not oufinrard towards the right-of-way, and
2. Gates serving finro or fewer residences shall have a minimum horizontal width of 14 feet
in the full open position, and
3. Gates serving three or more residences shall have a minimum horizontal width of 20
feet in the full open position, and
4. For all properties, gate height may not exceed the height of the monument, measured
from grade, unless principal structure setbacks are met(if monuments are not proposed
then gate height shall be regulated in accordance with the fence height regulations of
section 78-1405(8), and
5. Gates must maintain an opacity level of no greater than 25 percent, and
6. For locked and/or secured gates a knox box, meeting the standards set forth by the
police and fire department, must be provided for emergency access, and
7. On major thoroughfares the monuments and gates must be located 40 feet from the
paved,traveled road to allow for vehicle stacking.A major thoroughfare for the purposes
of this section means any county road or state highway.
j. A building permit is required for installation. A survey must be submitted depicting where the
monuments will be placed, and the property corner pins must be located for inspection
purposes.
(b) The following shall not be considered to be encroachments on structure height requirements:
(1) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator penthouses.
(Code 1984, § 10.03(15); Ord.No. 211 2nd series, §§ 1-5, 11-26-2001; Ord. No. 12 3rd series,
§ 1, 5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord.No. 43 3rd series, § 1, 2-25-2008;
Ord. No. 106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140
3rd series, § 1, 3-23-2015)
Sec. 78-1435.-Location.
Except as may be specifically provided, no detached garage or other accessory building shall be
located nearer to the front or street lot line than the principal building on that lot. Detached garages or other
accessory buildings on lots which have frontage on a lake may be located between the rear yards of such
lots and the principal building only if setback requirements of section 78-305(b), section 78-330(b) and
section 78-350(b) are met. Exception: Detached garages on lots that have frontage on a lake may be
Page 5
�
located ten feet from the street or rear lot line when doors face away from the street and an adequate
vehicle turnaround is provided on the site. This section shall not apply to lakeshore lots that are divided by
streets or private roads or are corner lots.
(Code 1984, § 10.03(9)(D); Ord.No. 52 3rd series, § 2, 11-24-2008; Ord. No. 106 3rd series, §
25, 6-10-2013)
Sec. 78-1436. -Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet
footprint area shall be located at least 15 feet from any lot line.
(Code 1984, § 10.03(9)(E))
Sec.78-1438. -Crowding principal building.
No accessory building or structure, unless an integral part of the principal building, shall be erected,
altered or moved within ten feet of the principal building, nor within ten feet of another accessory structure.
(Code 1984, § 10.03(12))
Sec. 78-1439.-Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more
from the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Page 6
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