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HomeMy WebLinkAboutBuilding Permit Application 2008-00322 y O O O CITY of ORONO 6 Municipal Offices ; ' G Street Address: Mailing Address: `9�CEgKOg`% 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 28 October 2008 David & Christina Chute 3765 Watertown Road Orono, MN 55359 Re: Building Permit Application 2008-00322 3765 Watertown Road The City has completed our review of the building permit application for an addition which proposes attaching the existing detached garage to the existing home at the above address. The application was received on October 22, 2008. The above referenced property is located within the RR-1A zoning district. This district requires a side yard setback of 50' for the principal structure as well as a front yard setback of 100' from the right-of-way. According to the survey on file, the existing garage is located 15' from the east or side lot line. Attaching the garage to the home makes it part of the principle structure. The principle structure setback from the front is 100'. The existing garage does not meet a 100' setback from the front of the property or right-of-way line. Further, the required principle structure setback from the side lot line, as previously stated, is 50'. According to my review, this proposal does not conform to the zoning code. As a result, the building permit for the proposed addition at 3765 Watertown Road has been denied. Please find enclosed the information which was submitted for a building permit. Please feel free to contact me directly by phone at 952.249.4627 or by email at mcurtis(cD-ci.orono.mn.us if you have any questions at all. Sincerely, City of Orono ` Melanie Curtis Planning & Zoning Coordinator enclosures c: Lyle Oman, Orono Building Official Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mmus DIVISION 2. YARDS AND OPEN SPACES Sec. 78-1401. Reduction prohibited. No yard or other open space shall be reduced in area or dimensions so as to make such yard or other open space less than the minimum required by this chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. (Code 1984, § 10.03(14)(A)) Sec. 78-1402. Application to only one dwelling or group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building or dwelling group. (Code 1984, § 10.03(14)(B)) Sec. 78-1403. Lot coverage. In all zoning districts, for all lots of 0--1.99 acres in total area, the total combined footprint areas of all principal and accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area, every developed lot shall be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. The following shall be included in calculation of lot coverage 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). (3) Building protrusions which are more than six feet above grade, including the building footprint, and the vertical projection of any parts of the building more than six feet above grade. (4) Bays or bay windows that increase the floor area (i.e., floor to ceiling)shall be considered lot coverage. Bays or bay windows that act solely as a window shall not be considered lot coverage. (5) All but the outer two feet of roof overhangs shall be included in the calculation of lot coverage. The following drawings are included for illustrative purposes: GRAPHIC UNAVAILABLE: Bay windows (Code 1984, § 10.03(14)(C); Ord. No. 215 2nd series, § 1, 3-11-2002) Sec. 78-1404. Tennis courts, pools, paddocks, arenas. Tennis courts, pools and paddocks or arenas, when such accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the property. 1 r (2) Side, 30 feet minimum and not within the required side yard area. (3) Rear, 30 feet minimum and not within the required rear yard area. (Code 1984, § 10.03(14)(D)) Sec. 78-1405. Nonencroachments. The following shall not be considered to be encroachments on yard requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend more than 1 1/2 feet, off-street parking except as regulated in this section. (2) Nameplate signs for one-family dwellings; 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, may be located to within five feet of the front lot line. (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. (4) In side or rear yards only, bays not to exceed a depth of two feet nor to contain an area of more than 20 square feet, fire escapes not to exceed a width of three feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the following standards: 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. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line shall not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. 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. 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. (8) 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; 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 between 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 outward towards the right-of-way, and 2. Gates serving two 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(7), 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. (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) Sec. 78-1406. Additional yard provisions. Required yards in the districts specified shall be subject to the following additional requirements: (1) Through lots. Through lots in any district shall have a required front yard on each street. (2) B and i districts:adjacent lots. In the B and I districts, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question are less or greater than the minimum front yard depth required for the district, required front yards shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than five feet nor be required to exceed 50 feet. (3) R districts: adjacent lots. In any R district, where the average depth of at least two existing front yards for buildings within 150 feet of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing front yards; however, the depth of a front yard shall not be less than ten feet nor be required to exceed 50 feet. (Code 1984, § 10.75(4)) Secs. 78-1407--78-1430. Reserved. DIVISION 3. ACCESSORY BUILDINGS Sec. 78-1431.Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78- 395, 78-420, 78-444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the planning director. Should the planning director determine that item (2)above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. (Code 1984, § 10.03(10); Ord. No. 15 3rd series, § 1, 6-28-2004) Sec. 78-1432.Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the principal building, all nonconforming accessory structures must be removed. Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement stating the following: (1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days of demolition; to begin construction on the new residence within 120 days of demolition; and to complete all exterior work within one year of building permit issuance and interior work within two years of building permit issuance. (2) In the event that any activity described in item (1) has not been accomplished within the defined timeframe, the applicants shall remove the accessory structures at the applicants' expense, or the applicants shall apply for an extension of this agreement. (3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. (4) The agreement shall be binding upon current and future owners of the property, and shall be filed within the chain of title of the property. (5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and to its terms, as shown by his/her/their signature(s) upon the document. (6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and employees of the city from and against all claims, damages, losses or expenses, including attorney fees, which the city, city council and agents and employees of the city may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of this agreement. (Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004) Sec. 78-1433. Height restrictions. No accessory building in an R district shall exceed the height of the principal building, nor shall an accessory building exceed 30 feet in height. (Code 1984, § 10.03(9)(6)) Sec. 78-1434. Area restrictions. In all R districts, no accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures in excess of 1,000 square feet will be allowed under the following conditions: (1) Not more than one oversized accessory structure (OAS) shall be permitted on any property. An oversized accessory structure is defined as an accessory structure of footprint area in excess of 1,000 square feet, except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are not considered as oversize accessory structures, but are subject to the special setback restrictions of section 78-1404: a. Tennis courts. b. Pools, when pool basin structure (excluding nonencroachment-type patios) is greater than 1,000 square feet. C. Paddocks or arenas. (2) Oversized accessory structures are regulated by the following table: Lot Area (acres) Maximum Individual Maximum Allowed Accessory Structure Total of All Accessory Footprint Area Structure Footprint (square feet) Areas* on a Property (square feet 0--1.99 1,000 2,000 2.00--3.00 1,200 21400 3.01--3.50 1,400 2,800 3.51--4.00 1,600 3,200 4.01--4.50 1,800 3,600 4.51--5.00 2,000 4,000 5.01--6.00 2,200 4,400 6.01--7.00 2,400 4,800 7.01--8.00 2,600 5,200 8.01--9.00 2,800 5,600 9.01 or more 13,000 16,000 * Excluding nonroofed tennis courts, pools, paddocks, arenas. (3) Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front line of the principal residence on the property, and no such accessory structure shall be located less than 30 feet from the side or rear lot line regardless whether less strict principal structure setbacks apply. b. The maximum height for such accessory structure shall be 30 feet or the defined height of the principal residence structure on the property, whichever is less. C. Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. 2. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. 3. In subdivision approval, the setback required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. (Code 1984, § 10.03(9)(C)) Sec. 78-1435. Location. No detached garages or other accessory building shall be located nearer the front or street lot line than the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street, accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of section 78-305(b), section 78-330(b) and section 78-350(b); except that detached garages may be located ten feet from the street or rear lot line when doors face away from the street and a turnaround is provided on the site. This section shall not apply to lakeshore lots divided by roadways or corner lots. (1) Location of principal building to lakeshore. No principal building shall be located closer than 75 feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshore and the allowable building line. (2) Variance from lakeshore setback. Any application for a variance from the requirements of subsection (1)of this section shall be referred to the Minnehaha Creek Watershed District for its approval before final action by the council. (Code 1984, § 10.03(9)(D)) 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. 78-1437. Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that is conforming in location, size and height. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a toilet, shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height with, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. C. Rented, leased or otherwise provided for use as a dwelling under any circumstances. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet, shower or bathtub shall be allowed only in an accessory building that is conforming in location, size and height and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a plumbing in accessory building conditional use permit. (Ord. No. 179 2nd series, § 1, 10-12-1998) 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)) Secs.78-1440--78-1465. Reserved.