HomeMy WebLinkAboutRe: zoning compliance g-��O
C ITY OF ORONO
,� � Street Address: I Mailing Address: I Telephone(952)249-4600
� G� 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
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�, Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
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2 November 2012
Commercial Partners Title, LLC
Attn: Sarah Chaffin
200 S. 6th St.,Suite 1300
Minneapolis, MN 55402
Subject Property: 3465 Shoreline Drive
Legal Description: Tract A,Registered Land Survey No. 1422.
Tax ID Number(s): 20-117-23-12-0033
Current Use of Property: Commercial
Ms. Chaffin:
This letter is in response to your request for a zoning compliance letter regarding the property
3465 Shoreline Drive. The above referenced property is located within Orono's B-1, Retail Sales Business zoning
district. The permitted uses within the B-1 district are listed in City Zoning Code Section 78-643. The B-1 District
code is attached for your reference.
The property, 3465 Shoreline Drive, as it exists today is not incompliance with all zoning requirements. The
existing nonconforming uses are allowed to continue as legal nonconforming uses. Any future development of
the property would be expected to comply with all of the existing zoning standards.
1. The current zoning classification for the subject property is: B-1. Retail Sales Business District
2. Permitted uses included within that zoning classification are:Accordin�to Citv Code 78-643:
(1) Retail and service businesses. The followinq neiqhborhood retail sales and service businesses
supp/yinq commodities or performinp a service primarilV for residents in the surroundinq
nei4hborhood:
a. Arts and school supplies store.
b. Banks and insurance companies.
c. earbershops and beautv shoas.
d. Bicvcle sales and reaair.
e. Books, mapazines, record shop.
f. Druqs, candv, ice cream,soft drinks, cosmetics and other usua/drupstore merchandise.
g. Dry cleaninq and laundry pickup stations, includinQ incidental pressinp and repair.
h. Garden supplies, florist shop.
i. Gift or antipue shops.
i. Hardware store, paint store.
k. Hobbv shops, camera and photoqraphic supply stores.
1. Jewelry shops and repair.
m. Laundromats.
n. Locksmith.
o. Music, radio, N, appliance sales and reaair stores.
p. Newsstands.
2 November 2012
3465 Shoreline Drive
Page 2 of 8
q 0{{ICe SUpply StOP2 office machine store.
r. Pet shop.
s. Pipe and tobacco shops.
t PlumbinQ electrical heatinp housewares furniture, carpet store.
u. Postal substation.
v. Real estate sales.
w. Retail food of all varieties and home supplies.
x. Sewinq center and yard qoods.
y. Sportinp poods store.
z. Tailor shops.
aa Temporary sales such as Christmas tree lots.
bb. Travel bureau.
cc. Variety store.
dd. Wearinq apparel store,shoestore.
ee. Off-sale liquor store.
ff. Home and parden equipment rental.
qq. MassaAe therapy centers.
(2) Municipal buildinps Municipal buildinqs where the use conducted is cuscomarilv considered to be an
o ice use.
3. There are/have been applications filed for the property(ie.Conditional Use Permits,Variances,etc.)
4. The use of the property, as described above is:
Yes No
a. Permitted X
b. Conditional(Explain) X
c. Nonconforming(Explain) X
5. There are records in the City files of unsatisfied zoning violations. X
(If Yes, please explain)
6. Have variances been granted for the Property. X
(If Yes, please explain)
7. Parking is in conformance with zoning requirements. Unknown—not enou�h
(If No, please explain) information on file
8. Flood Insurance Rate Map (FIRM):
Property is in Zone X on Map No. 27053C0311E Dated September 2, 2004 (enclosed)
9. The Set Back requirements are as follows:Accordin�to Citv Code 78-646(enclosed): No buildin�shall
be nearer than 35 feet to anv front lot line 35 feet from anv rear lot line 15 feet from anv side lot line, or 35
feet to a side lot line adiacent to a street• exceqt abuttin�or across the street from an R district, no buildin�shall
be less than 35 feet from such lot line.
10.Comments:
2 November 2012
3465 Shoreline Drive
Page 3 of 8
This information was provided by the undersigned,on request,as a public service.The undersigned certifies that
the above information is believed to be accurate based on or relating to the information supplied, however,
neither the undersigned nor the City assumes liability for errors and omissions.All information was obtained
from public records which may be inspected during regular business hours. If you wish for more detailed
information regarding the information provided you may inspect the public records on file during regular
business hours.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planning&Zoning Coordinator
Copies: Heather Haars, Commercial Partners Title, LLC-via email
Attachments: B-1 Zoning District
FEMA Firmette
2 November 2012
3465 Shoreline Drive
Page 4 of 8
DIVISION 12. - B-1 RETAIL SALES BUSINESS DISTRICT [ss�
�69�Cross referenc�Businesses,ch.26.
Sec. 78-641.-Pumose.
Sec.78-642. -Site plan review.
Sec. 78-643. -Permitted uses.
Sec. 78-644.-Conditional uses.
Sec.78-645.-Accessorv uses.
Sec.78-646.-Area. heiqht, lot width,setback requirements and desiqn repuirements.
Secs.78-647-78-660.-Reserved.
Sec. 78-641. - Purpose.
The B-1 retail sales business district is intended to provide a district for businesses that supply
commodities or perform a service primarily for residents in the surrounding neighborhood. The district
may adjoin residential districts or other business districts which are subject to more restrictive controls.
The district shall have immediate access to adequate highways and public sanitary sewer.
(Code 1984, § 10.40(1))
Sec. 78-642. -Site plan review.
All site plan reviews in any B-1 retail sales business district shall be reviewed as set forth in article II,
division 4 of this chapter.
(Code 1984, § 10.40(2); Ord. No. 68 3rd series, § 4, 2-8-2010)
Sec. 78-643. -Permitted uses.
Within any B-1 retail sales business district, no structure or land shall be used except for one of the
following uses or uses deemed similar by the council:
(1) Retail and service businesses. The following neighborhood retail sales and service
businesses supplying commodities or performing a service primarily for residents in the
surrounding neighborhood:
a. Arts and school supplies store.
b. Banks and insurance companies.
c. Barbershops and beauty shops.
d. Bicycle sales and repair.
e. Books, magazines, record shop.
f. Drugs, candy, ice cream, soft drinks, cosmetics and other usual drugstore merchandise.
g. Dry cleaning and laundry pickup stations, including incidental pressing and repair.
h. Garcien supplies, florist shop.
i. Gift or antique shops.
j. Hardware store, paint store.
k. Hobby shops, camera and photographic supply stores.
1. Jewelry shops and repair.
m. Laundromats.
n. Locksmith.
2 November 2012
3465 Shoreline Drive
Page 5 of 8
o. Music, radio, TV, appliance sales and repair stores.
p. Newsstands.
q. Office supply store, office machine store.
r. Pet shop.
s. Pipe and tobacco shops.
t. Plumbing, electrical, heating, housewares, furniture, carpet store.
u. Postal substation.
v. Real estate sales.
w. Retail food of all varieties and home supplies.
x. Sewing center and yard goods.
y. Sporting goods store.
z. Tailor shops.
aa. Temporary sales, such as Christmas tree lots.
bb. Travel bureau.
cc. Variety store.
dd. Wearing apparel store, shoestore.
ee. Off-sale liquor store.
ff. Home and garden equipment rental.
gg. Massage therapy centers.
(2) Municipal buildings. Municipal buildings where the use condu�ted is customarily considered
to be an office use.
(Code 1984, § 10.40(3); Ord. No. 152 2nd series, § 1, 10-28-1996; Ord. No. 72 3rd series, § 1, 6-26-
2010)
Sec. 78-644. - Conditional uses.
Within the B-1 retail sales business district, no structure or land shall be used for one of the following
uses without a conditional use permit:
(1) Garages for the servicing and repair of automobiles, provided repair functions are totally
enclosed in a building.
(2) Motor fuel stations subject to the provisions set forth in section 78-1373
(3) Restaurant (class I), in which food is served to customers while seated at counter or table, or
cafeteria, in which food is selected by a customer while going through a line and taken to a table
for consumption. Neither live entertainment nor intoxicating liquor sales are permitted in class I
restaurants.
(4) Restaurant (class II), i.e., a fast food, convenience, drive-in, or liquor store restaurant, which
is a restaurant where a majority of customers order and are served their food to be consumed at a
counter in packages prepared to leave the premises; or a drive-in where most customers consume
their food in an automobile regardless of how it is served, or restaurants which serve intoxicating
liquor or have live entertainment.
(5) Off-street parking when the principal site of the off-street parking abuts on a lot which is
another B or l district and is in the same ownership as the land in the B or l district and subject to
those conditions as set forth in article X, division 5, of this chapter and such other conditions as
found necessary by the council.
(6) Public service structures, including but not limited to electric transmission lines and buildings,
such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations
and electric power substations. Personal wireless service and commercial broadcasting antennas
� 2 November 2012
3465 Shoreline Drive
Poge 6 of 8
and towers shall not be considered public service structures.
(7) Day nurseries, provided not less than 50 square feet of outside play area per pupil is
available and fenced.
(8) Professional office and o�ces of a general nature.
(9) Commercial recreation subject to the provisions set forth in section 78-949
(Code 1984, § 10.40(4); Ord. No. 161 2nd series, § 8, 6-7-1997; Ord. No. 183 2nd series, §§ 1, 2, 2-22-
1999; Ord. No. 47 3rd series, § 3, 7-28-2008)
Sec. 78-645. -Accessory uses.
Within any B-1 retail sales business district, the following uses shall be permitted accessory uses:
(1) Private garages, off-street parking and loading spaces, as regulated in this chapter.
(2) Signs, as regulated in this chapter.
(3) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary to complete the construction.
(4) Decorative landscape features.
(5) Fences, as regulated in this chapter.
(6) Any incidental repair or processing necessary to conduct a permitted principal use, provided
that the incidental use shall not exceed 30 percent of the floor space of the principal building.
(7) Public telephone booths.
(8) Communication reception/transmission devices.
a. Accessory antennas. Accessory antennas shall be limited to radio and television
receiving antennas, satellite dishes, NRO's, and amateur shortwave radio transmitting and
receiving antennas. Accessory antennas that are accessory to the principal use of the
property are permitted accessory uses in all zoning districts, provided they meet the following
conditions:
1. Height. A ground mounted accessory antenna shafl not exceed 20 feet in height
� from ground level.
2. Yards. Accessory antennas shall not be located within the required front yard
setback, corner side yard setback or side yard setback abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in
any allowable placement area, the accessory antenna may be placed on the roof of any
authorized structure on the premises.
4. Setback. Accessory antennas shall not be located within a required yard or
setback area or within drainage or utility easements. Antenna towers shall be set back
from adjacent property lines a horizontal distance no less than the maximum height of
the antenna.
5. Building permits. A buitding permit shall be required for the installation of any
• 2 November 2012
3465 Shoreline Drive
Page 7 of 8
accessory antenna requiring a conditional use permit. Building permit applications shall
be accompanied by a site plan and structural component data for the accessory
antenna, including details of anchoring. The building official must approve the plans
before installation.
6. Lighting protection. Each accessory antenna shall be grounded to protect against
natural lightning strikes in conformance with the National Electrical Code as adopted by
the city.
7. Electrical code. Accessory antenna electrical equipment and connections shall be
designed and installed in conformance with the National Electrical Code as adopted by
the city.
8. Color/content. Accessory antennas shall be of a neutral color and shall not be
used as signage.
b. Amateur shortwave radio antennas and towers. Amateur shortwave radio antennas and
fowlers which do not meet the conditions for accessory antennas, may be allowed with a
conditional use permit in all zoning districts provided they meet the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on an antenna
tower, the total height of the antenna and tower shall not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be located within a
front, corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not be located
within any required setback area and shall be located no less than the height of the
antenna and tower from the property line.
(Code 1984, § 10.40(5); Ord. No. 161 2nd series, § 8, 6-7-1997; Ord. No. 183 2nd series, § 3, 2-22-
1999)
Sec. 78-646. -Area, height, lot width, setback requirements and design requirements.
(a) Area. In any B-1 district, the minimum lot size shall be 20,000 square feet.
(b) Lot width. The minimum lot width shall be 100 feet.
(c) Front yards. The minimum front yard shall be 20 feet.
(d) Rear yards. The minimum rear yard shalt be 30 feet, a side yard adjacent to any R district shall be
15 feet, and a side yard adjacent to a street shall be ten feet.
(e) Setback requirements. No building shall be nearer than 35 feet to any front lot line, 35 feet from
any rear lot line, 15 feet from any side lot line, or 35 feet to a side lot line adjacent to a street; except
abutting or across the street from an R district, no building shall be less than 35 feet from such lot line.
(fl Fencing. Wherever a B-1 retail sales business district abuts an R district, along the side or rear lot
line, a fence or compact evergreen hedge no less than 50 percent opaque nor less than six feet in
height shall be erected along the abutting lines except within the required front yard.
(g) Building design and construction. In addition to other restrictions of this chapter, the use,
construction, alteration or enlargements to any building or structure within the district shall meet the
following standards:
• 2 November 2012
3465 Shoreline Drive
Page 8 of 8
(1) All exterior wall finishes on any building shall be:
a. Face brick;
b. Natural stone;
c. Specially designed precast concrete units if the surfaces have been integrally treated
with an applied decorative material or texture;
d. Factory fabricated and finished metal framed panel construction, if the panel materials
are of any of those noted in subsections (g)(1)a--c of this section; or
e. Other materials as may be approved by the council. Combinations of such materials
shall be permitted.
(2) All subsequent additions and outbuildings constructed after the erection of an original
building or buildings shall be constructed of materials comparable to those used in the original
construction and shall be designed in a manner conforming with the original architectural design
and general appearance.
(3) No building or structure of a temporary character, trailer, basement, tent or shack shall be
constructed, placed or maintained upon the property except as accessory to and during the
construction of permanent buildings.
(h) Drainage. No land shall be developed and no use shall be permitted that results in water runoff
causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted
by the applicant in such detail as required by the council, and those plans shall be reviewed by the city
engineer before submission to the planning commission and council for approval. Such runoff may be
required to be properly channeled into a natural watercourse, ponding area, storm drain or other public
facilities. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must
be in compliance with the surface water management plan and shall be consistent with other applicable
regulations or provisions of this Code and subject to the approval of other agencies having jurisdiction
over the area affected by the drainage.
(i) Height. No strtacture or building shall exceed 2'/2 stories and shall not exceed 30 feet in height
except as provided in section 78-1366
(Code 1984, § 10.40(6); Ord. No. 18 3rd series, § 3, 9-27-2004)
Secs. 78-647-78-660. - Reserved.
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