HomeMy WebLinkAboutRe: bldg/flood fringes �
Mike Gaffron
From: Mike Gaffron
Sent: Friday, July 29, 2011 9:55 AM
To: 'Rodger.Skare@Grubb-Ellis.com'
Cc: Christine Mattson
Subject: FW: 2090 Shoreline Drive
Attachments: Sketch -2090 Shoreline.pdf
Rodger—
In past practice the City has not considered the Flood Fringe areas of Lake Minnetonka (i.e. the area between the 929.4'
and 931.5' contours)as unbuildable land for lot area calculation purposes, as long as that area is not wetland. We have
allowed any number of teardown/rebuilds on existing developed properties in which a significant portion of the
property outside the footprint of the residence was below 931.5'. I penciled in the 75' setback and the 931.5' contour
on your submitted survey,and that suggests there is an area of approximately 10,000 s.f. (60-80' deep and 120-140'
wide) meeting the 75' setback and above the 931.5' contour(hashed area of the sketch). I believe that a replacement
for the home on that high ground would be allowed. I doubt that a second building site is feasible, however,given the
limited land area available above the 931.5' contour. Any filling to create a building pad in the areas below 931.5' would
likely have to be mitigated by creating equal or greater volumes of flood storage area by excavating land in portions of
the site that that are above 931.5'—probably not feasible on this property.
Mike
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
From: Christine Mattson
Sent: Friday, July 29, 2011 9:11 AM
To: Mike Gaffron
Subject: FW: 2090 Shoreline Drive
Mike,
Will you respond to his email/question?
Thanks!
From: Skare, Rodger�mailto:Rodcler.SkareCc�Grubb-Ellis.com]
Sent: Friday, July 29, 2011 9:13 AM
To: Christine Mattson
Subject: RE: 2090 Shoreline Drive
Christine,
These notes are very helpful for considering the property"as improved". But as I mentioned the other day, I also need
to do an analysis of the property"as vacant" (meaning as an unimproved or undeveloped site, assuming there are no
i
structures or improvements on the property). My question specifically is this: can this site "as vacant" be built on at
all—even one dwelling unit—if the only area on the property above the OHWL of 931.5' is a circular area out on the far
western edge of the property that is about 150'wide? In other words, since it appears the 75 foot building setback
requirement for the construction of a new home on the property would have to be violated on one side or the other(or
both)of the little hill at the far west end of the parcel,which is the only possible buildable area on the whole site,would
Orono allow this to happen (i.e.grant a variance in no uncertain terms)?
Please get back to me this morning on this, if possible. I know you close at 11:30 a.m.today, and I need to get back to
my client with this information in a timely fashion.
Thank you...
Rodger L.Skare, MAI
Grubb& Ellis Landauer Valuation Advisory Services
Cel I: 612-819-0529
www.qrubb-ellis.com
From: Christine Mattson jmailto:CMattson@ci.orono.mn.usl
Sent: Friday, July 29, 2011 8:21 AM
To: Skare, Rodger
Cc: Mike Gaffron
Subject: 2090 Shoreline Drive
Rodger
After you were in the office this week, I asked Mike Gaffron, Assistant City Administrator/Long-Term
Strategy Planning to review the street file for 2090 Shoreline Drive in an attempt to answer your
questions regarding appraising this property for estate purposes.
I have attached Mike's Buildability Notes. If, after reading the notes you have additional questions,
Mike can be reached at 952-249-4622 to discuss them or to schedule a meeting. Our office is on
Summer Hours and we are open until 11:30 today.
Please contact me if I can be of further assistance.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelly Parkway Orono MN 55356 (physical address)
PO Box 66 Crystal Bay MN 55323-0066 (mailing addressJ
`� 952.249.4620 �, 952.249.4616
� cmattson@ci.orono.mn.us � www.ci.orono.mn.us
Office Hours(Monday, May 23rd to Friday,September 2nd):
Monday-Thursday 7:30 am to 5:00 pm
Friday 7:30 am to 11:30 am
OUR OFFICE WILL BE CLOSED: Monday,September 5,2011
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REVISIONS SUI
DESCRIPTION
BOUNDARY
SURVEY
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Hennepin County Property Map - Tax Year: 2011 �
The data contained on this page is derived from a compilation of records and maps and may�ontain discrepancies that can only be disclosed by an accurate survey performed by a licensed
� land surveyor.The perimeter and area(square footage and acres)are approxima[es and may contain discreDancies.The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of material herein contained and is not resDonsible for any misuse or misrepresentation of this informatlon or its derivatives.
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Selected Parcel Data Date Printed: 7/26/2011 10:46:44 AM
Parcel ID: 15-117-23-23-0001 Current Parcel Date: 7/6/2011
Owner Name: DOUGLAS M HEAD ETAL
Parcel Address: 2090 SHORELINE DR,ORONO,MN 55391
Property Type: SEASONAL-RESIDE Sale Price: $0.00
Homestead: NON-HOMESTEAD Sale Date: /
i Area (sqft): 162601 Sale Code:
Area (acres): 3J3
IA-T-B:TORRENS
( Market Total: $1,461,000.00
I Tax Total: $23,144.40
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Buildability Notes re: 2090 Shoreline Drive
1) Property is subject to LR-lA Zoning District standards which require 2.0 acres of dry
buildable land and 200' of width at shoreline and at 75' setback from shoreline for a
buildable residential site.
2) Property contains two existing residence structures, each connected to municipal sewer.
The property is subject to a Restrictive Covenant established in 1999 that limits the
property to no more than two dwelling units, and prohibits subdivision of the property
into more than two buildable lots.
3) At the time sewer was provided to the property the Heads requested that the City confirm
that the property will continue to have two dwelling units. The City Council
subsequently adopted resolution No. 4341 on August 23, 1999 which stated that"the
property will continue to be able to have two dwelling units" subject to establishment of a
covenant(see item above) and removal of an existing outhouse. The Resolution did not
specifically address other zoning matters such as setbacks, floodplains, wetlands, etc.
which may impact the location, size or other factors pertinent to replacement of dwellings
on the property.
4) Based on the survey excerpts provided,the existing 2-story wood frame dwelling on the
property is nonconforming with respect to location less than 75' from the 929.4' OHWL
of Lake Minnetonka, and may be nonconforming with respect to other Zoning Code
standards. The existing cabin is nonconforming with respect to its location within the
100-year floodplain of Lake Minnetonka(below elevation 931.5') and may be
nonconforming with respect to other Zoning Code standards.
5) Property is subject to Zoning Code Section 78-1252 which pertains to Shoreland Overlay
District nonconformities; to Zoning Code Chapter 78, Article VIII, Floodplain
Management; and Zoning Code Section 78-71 regarding Nonconforming structures and
uses.
6) It is unknown whether the property can be subdivided to create two conforming building
lots based on the information available.
7) The two-story dwelling on the property is subject to the following ordinances with regard
to replacement:
[Section 78-71(c)(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.
[Section 78-71(c)(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 nonconforming 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.
8. The existing cabin on the property is subject to the provisions in 7) noted above for the 2-
story dwelling; but is additionally subject to the Floodplain Management provisions of
the Code which would potentially require adherence to floodproofing standards such as
elevation of the building, etc. depending on the level of damage to the structure. Note
that merely raising the ground under the existing structure to meet the floodproofing
requirements would not be considered as expansion of a nonconformity, but adding a
basement or changing the size, bulk, envelope or cube of the cabin would likely be an
issue.
9. The existing cabin on the property does not have a CUP for guest house use, and it is
unknown whether the property qualifies for a guest house CUP because we don't know
whether it has the required 4.0 acres in area. The second dwelling (cabin) on the property
does not qualify as a rental dwelling unit.
� "'�Municode Page 1 of 3
Sec. 78-71.- Nonconforming structures and uses.
�a� Genera/provisions.
��� 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 January 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 by the 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. 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 adoption
unless such movement shall bring the nonconformance into compliance with the requirements of this
section.
(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.
(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 nonconforming
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 nonconforming structures. No expansion of nonconforming structures shall be permitted
except as specifically listed and allowed herein:
a. Expansion of nonconforming single 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.
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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. 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 accessory sfructures. 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 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)
Editor's note�Ord. No. 33 3rd series § 9; adopted Feb- 27 2006 repealed the former§ 78-71 anci enacted a ne�°��§ 78-71
as set out herein. The former§ 78-71 pertained to noncoi�forming t�ses and denvecf from Code 1984 � 10 03�5)
Sec. 78-72.- Lots of record.
(a� A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the
Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval
by the council if required.
(b) A lot of record existing upon January 1, 1975, in an R district, which does not meet the requirements of this
chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the
judgment of the council or administrative approval by the planning director, such use does not adversely affect
public health or safety and the following requirements are met:
(1) In R districts of one acre or less and with public sanitary sewer. A lot of record existing upon January 1,
1975, in any R district of the city of up to and including one acre,which lot is serviced by public sanitary
sewer and which does not meet the requirements of this chapter as to area or width only, may be
utilized for single-family detached dwelling purposes without council approval if the area measurements
and width of that lot are within 80 percent of the requirements of this chapter. However, the lot of record
shall not be more intensely developed unless combined with one or more abutting lots or portions so as
to create a lot meeting the requirements of this chapter.
(2) In R districts of greater than one acre and served by public sanitary sewer. A lot of record in any R
district in the city in excess of one acre which does not meet the requirements of this chapter as to area
or width only may be utilized for single-family detached dwelling purposes by administrative approval if
the planning director finds that the following conditions are met:
a. It is at least one acre in size, and the average width of the lot is at least 100 feet;
b. It is served by public sanitary sewer; and
c. It otherwise meets the requirements of this chapter or other applicable Code provisions.
(3) In R districts not served by public sanitary sewer. A lot of record in any R district in the city not served
by public sanitary sewer must meet the area and width requirements of this chapter and shall not be
utilized for single-family detached dwelling purposes without council approval. Administrative approval
may be granted for a lot of record not meeting the lot area and width requirements if the planning
director finds that the following conditions are met:
a. The lot area and lot width each meet at least 50 percent of the district standard.
b. Suitable primary and alternate septic sites are identified on the property and are protected from
future development by execution of a covenant.
c. All other zoning ordinance requirements must be met, including but not limited to the following:
1. Setbacks.
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2. Hardcover.
3. Lot coverage by structures.
4, Accessory structure requirements.
(Code 1984 § 10.03(6}(A) Ord. Na 9 3rd series. § 1 5-24-2004)
Sec. 78-73.-Separation limited.
The separation by the transfer or sale of nonconforming, undeveloped lots not served by public sanitary sewer,
aligned in a contiguous arrangement, undivided by a public or private road or road easement and under same or
common ownership is not permitted without council approval. Council approval is not required if the separation of
such lots results in individual building sites that satisfy the area and width requirements of this chapter.
(Code 1984. § 10.03(6)(C))
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Municode Page 1 of 1
Orono, Minnesota, Code of Ordinances » Title VI - LAND USE » Chapter 78-ZONING
REGULATIONS » ARTICLE VIII. -FLOODPLAIN MANAGEMENT» DIVISION 11. -
NONCONFORMING USES »
_ _
DIVISION 11. -NONCONFORMING USES
Sec. 78-1136. -Nonconforming uses.
Sec. 78-1136.- Nonconforming uses.
A structure or the use of a structure or premises which was lawful before the passage or amendment of
this article but which is not in conformity with the provisions of this article may be continued subject to the
following conditions. Historic structures, as defined in section 78-1111(a)(22)(b)of this article, shall be subject
to the provisions of sections 78-1136(1)—(5)of this article.
��� No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
(2) Any structural alteration or addition to a nonconforming structure or nonconforming use which
would result in increasing the flood damage potential of that structure or use shall be protected to
the regulatory flood protection elevation in accordance with any of the elevation on fill or flood
proofing techniques(i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State
Building Code, except as further restricted in (3) and (6) below.
(3) The cost of any structural alterations or additions to any nonconforming structure over the life of
the structure shall not exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied.The cost of all structural alterations and additions
constructed since the adoption of the community's initial flood plain controls must be calculated
into today's current cost which will include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the current market value of the structure,then
the structure must meet the standards of division 4 or 5 of this article for new structures
depending upon whether the structure is in the floodway or flood fringe district, respectively.
(4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this article. The assessor shall notify the planning director in
writing of instances of nonconforming uses that have been discontinued for a period of 12
months.
(5) If any nonconforming use or structure is substantially damaged, as defined in section 78-1111(a)
(21) of this article, it shall not be reconstructed except in conformity with the provisions of this
article. The applicable provisions for establishing new uses or new structures in divisions 4, 5 or
6 will apply depending upon whether the use or structure is in the floodway,flood fringe or
general flood plain district, respectively.
(6) If a substantial improvement occurs, as defined in section 78-1111(a)(22)of this article,from any
combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an
existing nonconforming building,then the building addition (as required by section 78-1136(2)
above) and the existing nonconforming building must meet the requirements of divisions 4 or 5 of
this article for new structures, depending upon whether the structure is in the floodway or flood
' fringe district, respectively.
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Sec. 78-1252.- Nonconformities.
All legally established nonconformities as of February 24, 1992, may continue subject to applicable state
statutes and as regulated elsewhere in this Code. In shoreland areas,the following standards shall also apply:
(�� Construction on nonconforming lots of record. Development or use of existing lots of record shall be
regulated as set forth in section 78-72.
(2) Additions/expansions to nonconforming structures. All additions or expansions to the outside
dimensions of an existing nonconforming structure must meet the setback, height, and other
requirements set forth in this chapter.Any deviation from these requirements must be authorized by a
variance pursuant to provisions of this chapter.
(3) Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also defined
as a noncompliant system)as defined in section 58-41 and located within the Shoreland Overlay District
must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is
required for any improvement on, or use of, the property, except that systems which are noncompliant
due solely to lack of three feet of unsaturated soil or sand between the distribution device and the
limiting soil characteristics shall have seven years in which to become compliant per the provisions of
chapter 58, article II, of this Code.All other noncompliant sewage treatment system provisions of
chapter 58, article II, of this Code shall apply to all shoreland areas.
(Ord. No. 101 2nd series. § 1(10 16(17)), 2-24-1992: Ord No. 162 2ncl series, § 1. 9-22-9997)
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