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HomeMy WebLinkAbout08-20-2018 Planning Commission PacketPUBLIC ATTENDANCE MEETING DATE O a0 Q ❑ COUNCIL 19 PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please complete the following information for City records. PRESENT FOR (from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. '11ifIv";7n , 2. 3. 4. 5. a 7. 91 9. 10. 11. 12. 13. 14. 15. �1T2-64h / Z/ Z &-j' 19 VNLEGAL FORMS)\(FORMS)TUBLIC ATTENDANCEMOC /r Vein t,nc� AGENDA City of Orono Planning Commission Meeting for August 20, 2018; 6:30 PM Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Council Representative: Victoria Seals Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet — located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. New Business 1. Approval of Planning Commission Meeting Minutes of July 16, 2018. 2. LA18-000067 Kevan Nitzberg, 1212 Briar Street, Variances (Staff: Laura Oakden) 3. LA18-000068 Sven Gustafson o/b/o 1350 Baldur LLC, PIDS 08-117-23-31-0006 through 08- 117-23-31-0009, Baldur Park Road, Sketch Plan (Staff: Jeremy Barnhart) 4. LA18-000057 City of Orono, Text Amendment — Accessory Building and Structure Setbacks (Staff: Melanie Curtis) 5. LA18-000059 City of Orono, Text Amendment —Signs (Staff: Jeremy Barnhart) 6. Update on August 13, 2018 City Council meeting. 7. Other issues for discussion. Planning Commission Comments Planning Liaison for September 10, 2018 Meeting: Bob Erickson ADJOURNMENT Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notifications MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Acting Chair Bruce Lemke, Commissioners Bob Erickson, Dennis Libby, Mark McCutcheon, Chad Olson, Jon Ressler, and Alternate Jan Berg. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Acting Chair Lemke called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JUNE 18, 2018 Libby moved, Olson seconded, to approve the minutes of the Orono City Council meeting of June 18, 2018, as submitted. VOTE: Ayes 6, Nays 0, Berg Abstained 2. LA18-000060 JAY MITTELSTAEDT, 1980 HERITAGE LANE, VARIANCE, 6:33 P.M. — 6:40 P.M. Gregory Gruman, Applicant, was present. Oakden stated the applicant is requesting a front yard setback variance and is proposing to remove an existing detached accessory building located 19.6 feet from the front yard setback and replace it with a larger garage that will be attached to the home and constructed to reduce the existing front yard setback, which is currently at 2.6 feet. The front yard of this property abuts Heritage Drive and the home is oriented towards the Dakota Trail. The home sits at the end of a cul-de-sac and there are no additional houses beyond this property. The applicant has stated the most practical location for the proposed structure is in the same location of the detached shed. The house, driveway, site topography, wetlands, and the existing landscape make it difficult to position the proposed structure in any other location. The applicant is also proposing to increase the hardcover from 5.5 percent to 7.1 percent. Structural coverage does not pertain to this site. Staff finds there are practical difficulties with the property to grant a front yard setback variance due to the location of the wetland, topography of the lot, and orientation of the home. One public comment was received over the weekend in support of the project and is before the Planning Commission tonight. Staff would support a motion recommending approval of the proposed variance. Libby stated he would like to see the aerial photographs of the property. Oakden displayed an aerial photograph of the property, noting there is some screening currently on the property in the front. Page 1 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. Greg Gruman, 1980 Heritage Drive, stated the existing detached structure is in rough shape and this would be a beautification of the neighborhood. The new location would increase the current setback and provide some additional boundary between the building and the road. Acting Chair Lemke opened the public hearing at 6:38 p.m. There were no public comments relating to this application. Acting Chair Lemke closed the public hearing at 6:38 p.m. Lemke commented it is a fairly straight forward application and appears to be an improvement over what currently exists. Erickson stated in his view the project is good and that he will support it, but it appears the application was signed with a first name only. Erickson stated he has never seen that before and asked whether that is acceptable. Oakden stated Staff can look into that. Oakden noted all applications are received digitally at the present time, and as long as it is signed digitally, it is considered a complete submittal. Libby commented he is very familiar with the site and that he has visited the site and reviewed the elevations. Libby stated it is a very nice, private lot, but that he did not pay as much attention to the delineated wetland areas in the front. Libby noted there is a substantial grade up from there and that he would suggest the applicant and City make sure there is plenty of buffer or barrier between the project and the wetland to protect them since wetlands are a major part of the character of Orono. Erickson moved, Libby seconded, to recommend approval of Application No. LA18-000060, Jay Mittelstaedt,1980 Heritage Lane, granting of a front yard setback. VOTE: Ayes 7, Nays 0. 3. LA18-000061 JIM CLEARY, 2775 CRESTVIEW AVENUE, VARIANCES, 6:40 P.M. — 6:58 P.M. Jim Cleary, Applicant, was present. Oakden stated the applicant is requesting lot area, lot width, and rear setback variances in order to construct a new single-family home. The applicant is proposing to tear down the existing home and place the new home to match the front setback of the neighboring properties. The home will be centered on the lot. The proposed rear yard setback for the deck is 32.8 feet and 40.8 feet from the principle structure to the rear property line where 50 feet is required. The new home is proposed to be a 2 -story home with a full basement. The property is nonconforming to size at 0.14 acres in the LR-lA, 2 -acre district. The applicant originally submitted a survey showing 34 percent hardcover where 35 percent is allowed. The surveyor has updated that to show 31.1 percent hardcover. Staff finds there are inherent practical difficulties with the small lot in the LR-lA, 2 -acre zone. The applicant has made an effort to meet the district standards for a new home and is requesting the rear yard setback, lot area and lot width variances. Page 2 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. The Commission should discuss whether the rear yard setback encourages development out of character with the neighborhood and verify whether a height variance is required. Oakden noted one comment was received last this afternoon, which has been provided to the Planning Commission this evening. Oakden displayed the house plans and photographs taken from the street and an aerial photograph of the area, noting the proposed home is depicted in purple and the red depicts the setbacks per the Zoning Code. Staff recommends approval of the requested variances. Libby asked where the neighbor at 285 Crestview Avenue is located in relation to this property. Oakden indicated that neighbor is on the left side of the residence and her house is located four feet from the property. Technically that makes her house nonconforming in that setback. Oakden noted this application does meet the 10 -yard setback. Jim Cleary, Applicant, pointed out there is another run-down shed on the property that will be torn down. In addition, the concrete slabs will be removed to improve the hardcover on the property. The home proposed for the lot is similar to a house that was built at 2775 Ethel Avenue. Cleary stated in his view the house fits well on a 50 -foot wide lot, and because the lot drops about five feet, the lookout does not require any retaining walls. Lemke asked if there are any plans to landscape the area between this house and the property at 285 Crestview. Cleary indicated they will put some landscaping on both sides of the house as well as some near the front entry. Cleary pointed out the neighbor does have a 6 -foot high fence in that area and that the only way she can see this lot is if she stands on the toilet in her bathroom. Libby asked if the landscaping will be adequate for privacy issues. Cleary stated in his view it will be. Cleary noted the other neighbor has a big deck on the back, which is in line with the deck that will be on this house. Ressler stated the e-mail they received from the neighbor talks about the side setback. Ressler asked whether the current driveway will remain. Cleary indicated it will be converted to grass and that the new garage will be a front -loading garage. Ressler commented that should help improve the situation. Ressler asked how much further they will be going into the rear yard setback from what currently exists. Cleary indicated there is a bump -out on that side and that they will be over by approximately two feet. Oakden stated from the existing corner it is approximately 20 feet. The new house will be slightly closer to the property line but there will be a bigger side yard because the driveway in that area will be removed. Page 3of13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. McCutcheon asked where the runoff will go. Cleary indicated it will drain to the back. Cleary stated there is not a house directly behind that area and that it is a vacant lot. Acting Chair Lemke opened the public hearing at 6:54 p.m. There were no public comments relating to this application. Acting Chair Lemke closed the public hearing at 6:54 p.m. Ressler stated the applicant is improving the position of the house by centering it more on the lot and improving the side yard by removing the driveway. Lemke noted the applicant is proposing to meet the side yard setbacks. Lemke asked if there is any concern about the size of the house on the lot given the character of the neighborhood. Libby stated it appears the applicant is also removing some existing hardcover, which could have been added to the house. Oakden pointed out the applicant is proposing to increase the hardcover to 31 percent but that they will still be within the limit. Cleary stated the concrete slabs may not be reflected in the hardcover numbers, and once those are removed, the hardcover amount should go down. Berg moved, Ressler seconded, to recommend approval of Application No. LA18-000061, Jim Cleary, 275 Crestview Avenue, granting of lot area, lot width, and rear setback variances. VOTE: Ayes 7, Nays 0. 4. LA18-000062 STONEWOOD, LLC, 385 AND 387 ORONO ORCHARD ROAD SOUTH, SUBDIVISION, PRELIMINARY PLAT, 6:58 P.M. — 7:08 P.M. Sven Gustafson, Stonewood, LLC, was present. Curtis stated the applicant is requesting preliminary plat approval for a subdivision of the two individual properties totaling 16.3 acres to create five single family lots. At the calculated density of 0.3 units per acre, the proposal is less dense than the prescribed minimum density contemplated within the Comprehensive Plan. The existing home is proposed to remain and each lot will meet the minimum acreage and setback requirements with the exception of Lot 4, which does not meet the width requirement. Increasing the width of that lot will likely impact the driveway. The existing driveway configuration is proposed to be improved and will be upgraded in width and contained within an outlot to serve as the private road in the same general location for the plat. The Conservation Design Report provides a more detailed overview of the natural site characteristics and it is the developer's intent to protect significant tree stands. Removal of invasive and diseased trees will be done on an as -needed basis. The goal of the developer's design and grading plan is to minimize tree removal and clearing as well as preserve the existing vegetation along the Orono Orchard Road corridor. Page 4 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. The applicant received comments from the City's Consulting Engineer earlier today related primarily to the road and it is likely the applicant has not had time to review those thoroughly. Any issues related to the grading and drainage can be addressed prior to the application being placed on the City Council agenda if the Planning Commission is agreeable to that. The property is not located within MUSA but the applicant has provided septic system designs for each of the lots which appear to be acceptable. The plans will be reviewed more closely at permitting by the Building Official for conformance with the regulations. Staff recommends approval of the plat in accordance with the recommendations of the City Engineer as well as the requirements of the Minnehaha Creek Watershed District. Curtis displayed aerial photographs of the area. The Planning Commission had no questions for Staff. Sven Gustafson, Stonewood, stated he does not have anything additional to add to Staff's report but that he would be available for questions. Libby asked what the developer is contemplating for tree removal. Gustafson indicated there will be some tree clearing that will be required for the homes but that they have designed the road in such a way that it will follow the existing driveway. Gustafson noted there is a stand of 60 -inch trees along the right-hand side of the road and that they have taken a lot of effort to maintain those since they add a lot of value to the site. Gustafson stated the cul-de-sac will sit in a clearing on the south side of the property and that the trees that will need to be removed are mostly smaller trees. Libby asked if he has had an opportunity to review the comments from the City Engineer. Gustafson indicated he has not. Libby stated the City Engineer comments are very prudent and are environmentally sensitive. Libby recommended the City Council review those more thoroughly. Acting Chair Lemke opened the public hearing at 7:06 p.m. There were no public comments relating to this application. Acting Chair Lemke closed the public hearing at 7:06 p.m. Lemke asked whether the Planning Commission is comfortable moving the application forward without the engineer's comments being addressed. Ressler stated it appears the applicant is doing whatever he can to preserve mature trees and maintain the existing driveway corridor. Lemke stated he does not see any red flags with what has been presented. Page 5 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. Ressler moved, Olson seconded, to recommend approval of Application No. LA18-000062, Stonewood, LLC, 385 and 387 Orono Orchard Road South, subdivision and preliminary plat. VOTE: Ayes 7, Nays 0. 5. LAI 8-000063 MATT JOHNSON, 1432 SHORELINE DRIVE, VARIANCE, 7:08 P.M. — 7:33 P.M. Matt Johnson, Applicant, was present. Oakden stated the applicant is requesting a variance to construct a 6 -foot tall white privacy fence in the 75 -foot setback. There is an existing fence depicted in orange on the overhead, with the proposed fence depicted in blue. The 75 -foot lake yard setback impacts the subject property from both the west and the east side. The lot is substandard in size for the LR -IA, 2 -acre district. The applicant is looking to create additional separation between the neighbor to the south which uses the property as a commercial parking lot as well as a home. A fence would mitigate sound and visibility between the two properties. The applicant has stated there is an existing fence post located in the lake yard that they would like to connect the new fence to. The fence will connect to a fence along the east property line. Typically 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 between 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. As a result, the applicant is requesting a variance. Findings are included in Staff s memo. Staff finds there are some practical difficulties to support the variance. The adjacent property is residentially zoned but the large gravel lot is used for parking for much of the year for the marina. The main impact of the fence visually will be from the deck at 1440 Shoreline. The Commission could recommend a 42 -inch height limit in this area if they wish. To date no public comments have been received on this application. The Planning Commission should discuss the proposed questions provided by Staff. If the Planning Commission supports the proposed findings, a motion to recommend approval is supported. Erickson asked if the lot to the south is zoned differently from this lot. Oakden indicated it is zoned residential but that a portion of the lot is used for a commercial business. Matt Johnson, Applicant, stated the property next door is zoned residential but that they have a variance that was obtained in the late 1980s to support the marina activity located next to that property. Johnson noted the residential property has to be in joint ownership with the marina and that there are actually two residentially zoned properties that have the right to have overflow parking. Johnson displayed some photographs of the area, noting that the photograph currently on the overhead was taken on Wednesday, June 20, at 3:00 p.m. Johnson stated the overflow parking occurs during the week as well as on the weekends. Page 6 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. Johnson stated the roadside fence is depicted in the left corner of the picture and that it is six feet tall. Johnson stated in his view a 6 -foot high fence is very reasonable since the parking activity occurs into the evening as well. Johnson noted the City allows this property owner and their customers to park on the grass ahead of their assigned parking. The site does have a parking plan but for one reason or another the City allows them to park on the grass, which results in cars being parked right next to his property on the lakeward side. Johnson indicated that was part of the reason for extending the fence to the existing post. The existing post was probably for a 4 -foot high fence. Johnson stated at some point in time there was permanent screening consisting of lilacs and buckthorn but that has since been removed. Johnson stated in his view there is some history showing that there has always been a fence there. Olson asked whose trees those are. Johnson stated to his knowledge the deck is on the property line and the majority of the shrubbery is on his property. Olson asked if he will be leaving that. Johnson stated that is a good question. Johnson noted the abutting property owner did come forward and offer to pay half of the fence because they see the benefit to it. Johnson indicated he would like to keep as much of the shrubbery as he can but that he would like to remove as much of the buckthorn as possible. Johnson stated he would leave that up to the contractor who is going to do the work. Erickson asked if the property line has been surveyed. Johnson indicated it has and that the survey has been done within the last month. Johnson stated they had the surveyor put some additional stakes up so the fence will be located totally on his property. Libby noted these are both privately owned lakeshore access points. Libby asked if he has ever had any problems with people intruding onto his property from the lakeshore side. Johnson indicated he does not, but that he does get boats within inches from his dock. Libby asked if the noise and traffic abatement are the primary reasons for the fence. Johnson stated that as well as the parking issues. Johnson indicated he does hear people coming in from the lake. Ressler stated the majority of the vegetation in this situation appears to be scrub bushes. Ressler noted one reason why there is a restriction on the height of the fence is to protect the view for people using their side yard but that the applicant does have the support of the adjacent neighbor. Ressler stated he appreciates the applicant trying to make it easier on the Planning Commission by proposing a 6 -foot fence rather than an 8 -foot fence. Libby stated a person should be able to have quiet enjoyment and use of their property and that the fence will lessen the visual distractions. Libby stated the reason for his question about the intrusion is that Page 7 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. while it may not be happening currently, it could occur in the future. Libby stated in his view this is a unique circumstance since the adjoining residential property has commercial application. Johnson stated until just recently the house was rather dilapidated but has recently been remodeled and that in the near future there will be people living in the house, which could add to the issues. Lemke noted there were some previous complaints about that house being used as a party house. Lemke asked whether that is still ongoing. Johnson stated for the most part that has stopped and the situation has improved immensely. Johnson stated every now and then there is some activity there but that he is a reasonable person and is not expecting total solitude. Libby commended the applicant for bringing those concerns to the City. Erickson stated when the Planning Commission looks at variance requests, they look at any unique circumstances that create hardships for property owners which do not necessarily reflect the typical layout of a particular district. Erickson stated in his view there is a strong case for a unique hardship since it is very unusual to be next to a residentially zoned property that is used like a commercial property and with the close proximity to the marina. Erickson stated it is his belief the fence will give the applicant some relief from that and that the City's ordinance was not necessary designed with this situation in mind. Acting Chair Lemke opened the public hearing at 7:26 p.m. Richie Anderson, 1955 Shoreline Drive, stated he owned the property on the other side of River Valley Power Sports a few years ago. Anderson stated River Valley is now one of the largest retail marina operations in the state and the Your Boat Club is probably the largest boat club in the Upper Midwest. Anderson stated there is a tremendous amount of activity happening on the site now as compared to when he owned it. Anderson commented he also remembers the fence that used to be there and that he is in favor of the proposed fence. Anderson stated in his view the house will be used as a short-term rental house. When the house was being remodeled, Anderson stated someone took the water heater out and drew a penis on it and then faced it towards Matt Johnson's property as well as drew a penis on the plastic covering the house during the remodel. Anderson stated this is some of what Matt Johnson is dealing with. Anderson stated to add insult to injury, they also took Matt Johnson's ornamental goat out of his yard and put it in front of their deck. Matt Johnson did not call the cops but he had to go over and retrieve his ornamental goat. Anderson stated in his view this is a legitimate case where someone has been unduly harmed and likely will continue to be harmed. Anderson noted he has seen the City approve decks in the 0-75 and that they should let him go to the fence post because that was there in 2005 and 2007. The fence probably got dilapidated and fell down. Anderson stated in his view the applicant has suffered a lot and that the City should do the policing themselves and not require someone to complain all the time. Anderson stated he is in strong favor of letting Matt Johnson go to the fence post and that it will alleviate a lot of his problems. Acting Chair Lemke closed the public hearing at 7:30 p.m. Page 8 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. Lemke commented the request seems reasonable. Olson stated there is a strong case for the fence. Ressler stated he is in favor of the 6 -foot fence and would even entertain an 8 -foot fence given the circumstances. Ressler stated he has not found any reason to oppose it. Berg commented there are extenuating circumstances in this situation. Lemke asked if the Planning Commission feels the proposed project is in harmony with the intent of the Ordinance. Ressler commented there is not much harmony currently given the commercial activity next door. Libby stated the applicant has demonstrated a hardship and that he is not sure why the neighboring property should be allowed to intrude on someone's quiet and reasonable enjoyment of their property. Lemke asked if the fence would alter the character of the neighborhood. Berg stated it does not. Erickson stated in his view it would be an improvement. Ressler moved, Olson seconded, to recommend approval of Application No. LA18-000063, Matt Johnson, 1432 Shoreline Drive, granting of a variance to the 75 -foot lakeyard setback and the average lakeshore setback in order to permit the construction of a 6 -foot privacy fence. VOTE: Ayes 7, Nays 0. 6. LA18-000057 CITY OF ORONO, TEXT AMENDMENT — ACCESSORY STRUCTURES SETBACK, 7:33 P.M. — 7:53 P.M. Barnhart stated this is a continuation of the conversation the Planning Commission had last month regarding some proposed changes for the accessory structure setbacks. The previous discussed looked at some of the zonal impacts. Since that time Staff has drafted a table based on the zonal impacts introduced at the last meeting. Staff has compiled an ordinance amendment. Included within the ordinance will be a table attached to each residential zoning district that incorporates the lot area and lot width where that applies, the setbacks for the principal structures, and then also anticipated improvements. A table will also be prepared for the business districts but will be slightly different in format in order to anticipate possible improvements such as parking lots and other common improvements in commercial districts. Barnhart noted the tables are conceptual at this point and are intended to look at the impacts an accessory structure could have. The proposed table for the LR -A1 district notes that the side yard setbacks for lots that are nonconforming as to their width shall be the lessor or 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. The table also looks at lake yard setbacks, street setbacks, wetlands, and height. Possible improvements on lake lots include accessory buildings; oversized accessory buildings; accessory structures such as pools, patios, and Page 9of13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. decks; garage doors; signs not attached to a building; and driveways. The same concept would apply to non-lakeshore lots. Barnhart stated the second part of the ordinance would include the text of the Code that maybe applies to every zoning district but does not fit into a table. Lemke commented it appears to be very comprehensive. Barnhart stated part of the challenge is that certain sections of the code might have one format and other sections will have a different format but that his overall goal is to consolidate it into an easier to use document. Barnhart stated he is looking at what is reasonable and what makes sense. Libby stated in his view this is very innovative and that other municipalities may want to use it as their standard. Libby commented oversized structures are becoming more prevalent and the City needs to address it. Libby stated he would encourage Staff to continue to work on this and that in his view they are on the right track. Ressler commented he is not going to get picky about some of the clarifying language since it will be going through the public hearing process and then before the City Council. Ressler stated simplifying it is in the best interests of everyone. McCutcheon asked where he could find what the maximums are. Barnhart indicated that would be contained in the other section that he was talking about, which would encompass those sections of the code that do not fit easily into a table or chart. McCutcheon stated in his view this will be very helpful. Acting Chair Lemke opened the public hearing at 7:46 p.m. Matt Johnson, 1432 Shoreline Drive, stated what this speaks to is how the City organizes information and makes it available to the public. Johnson stated there is a good portion of the residents who go to the website first, and while the new website looks fancier, he had trouble finding the distance requirement for a fire pit from a building. Johnson stated one of the tools the City has available to it is its website and that a single word search could come up with 500 items, which can be overwhelming. Johnson noted fire pit did not come up. Johnson commented he is not sure how big of an issue accessory structures are in the scheme of everything, but the more things that can be organized and found on the website, the more beneficial to the residents it will be, which in turn will also lessen Staff's time. Acting Chair Lemke closed the public hearing at 7:49 p.m. Barnhart stated at this point he is looking for any direction from the Planning Commission that they feel is necessary. Barnhart indicated he anticipates having 90 percent of the draft ordinance completed in time for the August meeting but that there is no real rush to approve something. Barnhart stated in his view this is an issue that touches a lot of the City's residents who are wondering about setbacks and that he can add fire pits and compost areas to the list. Page 10 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. McCutcheon stated trees is another item that is brought up rather frequently. Libby asked if the City has a list of accessory structures that have been approved. Libby commented it would be nice to know how many accessory structures are out there and whether it is a growing trend. Barnhart stated he is not sure there has been a change in the frequency of requests but in his experience the City's method of dealing with those requests is very complicated and results in a lot of wasted time and energy. Barnhart stated he would like to process those applications more efficiently. Libby stated in his view onsite analysis of visibility, positioning on the lot and shadows, etc., is also important to take into consideration and that some guidelines on those items would be very constructive and helpful. Barnhart indicated he will look at those. Lemke stated in his view it is a good template. Ressler stated it is a good start. The Planning Commission took no formal action on this item. 7. LA18-000059 CITY OF ORONO, TEXT AMENDMENT — SIGNS, 7:54 P.M. — 8:09 P.M. Barnhart noted the City Attorney has been working on revising the City's sign ordinance to be consistent with recent Supreme Court action. The Minnesota Supreme Court has ruled that cities can administer and regulate signage as it relates to time, place, and manner but not on their content. In addition, cities cannot have a separate set of rules for residential real estate signs than a political sign in a residential district. The draft ordinance takes away the content type of nuance and is more content neutral, which is a pretty significant change in some respects. Barnhart recommended the public hearing be opened and the Planning Commission receive any public comments. Barnhart noted he is not looking for any formal action by the Planning Commission at this time but that he would like the commissioners to review it prior to their August meeting. Barnhart noted the draft ordinance divides the City into districts based on use, such as residential zones and commercial districts. For nonresidential uses in residential districts, such as schools and churches, those would have a separate set of rules. Barnhart stated in his view the business district should probably be divided into two separate zones since the current ordinance says the amount of signage allowed is based on the front footage. At the present time the B-5 zoning district has a ratio of 3:1, but in the draft ordinance the B-5 district has been grouped with the B4 district, which has a ratio of 2:1. Barnhart indicated his goal is not to create nonconformities and that he will need to examine that further but in the meantime the Planning Commission should review the proposed ordinance and provide feedback. Libby stated he did read over quite a bit of the draft ordinance as well as look at other information and that there is quite a bit of diversity in signage. Libby stated his intent was to understand where signage is appropriate and where it might cross over into commercial and residential use. Libby stated currently there is not much enforcement by the City on its signage and that he also does not see much latitude. Page 11 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. Barnhart noted home occupations are licensed separately and are allowed signage, which is one issue, and that another issue that needs to be addressed is someone who wants to advertise a commercial business in a residential zoning district, which would have to be allowed if the other requirements are met. Acting Chair Lemke opened the public hearing at 8:03 p.m. Richie Anderson, 3205 Crystal Bay Road, stated what he would like to bring up is the scuba guys that put their sign on the corner of Bohn's Point. Anderson stated years ago the city inspector used to pick everybody's signs up and bring them to City Hall where they could pick them up. Anderson noted the election is coming up, which will result in more signs out there. Anderson suggested the City consider including something in the newsletter explaining the rules. Curtis stated the candidates receive a packet of information when they file stating the requirements. Anderson asked if the signs can be in the right-of-way. Curtis indicated they cannot. Anderson stated he remembers someone complaining last election cycle that the signs were too close to the road and that the City should perhaps have a policy about removing those signs that are in the right-of-way. Acting Chair Lemke closed the public hearing at 8:07 p.m. Ressler asked if permitting is based on whether the sign is political, commercial, etc. Ressler noted if he wants to put a sign on the outside of his building, he needs a permit issued by the City. Barnhart stated there is temporary sign language that has been included in the ordinance, and that what Staff did overall was to look at what is required, what a prohibited sign would be, and whether a permit would be required. In addition, the proposed ordinance does not require a permit to change the face of the sign. Barnhart indicated he is trying to simplify it as well as lessen the paperwork for the applicant. Libby asked whether the City regulates developments to allow for the temporary placement of signs over the weekend for open houses but requires their removal by Monday. Barnhart stated the City has temporary signage language but that Staff does not drive around on the weekend looking for those types of signs. Barnhart noted the City also regulates special events, which are allowed four times a year, and would cover those folks who have a garage sale periodically. Barnhart stated signs located in the right-of-way are often garage sales or open house signs and are not permitted. Curtis noted real estate signs are allowed on the property but not in the right-of-way. Libby moved, Berg seconded, to table Application No. LA18-000059, City of Orono, Text Amendment -Signs. VOTE: Ayes 7, Nays 0. Page 12 of 13 MINUTES OF THE ORONO PLANNING COMMISSION Monday, July 16, 2018 6:30 o'clock p.m. 8. UPDATE ON JULY 9, 2018, CITY COUNCIL MEETING Barnhart reported the July 9 had three planning related items and all items were placed on the Consent Agenda. Barnhart stated the meeting in total lasted around four minutes. 9. OTHER ISSUES FOR DISCUSSION Lemke asked whether the Planning Commission will be reviewing properties on the lake this year. Curtis stated what Commission Lemke is describing is the City's inspection trip and that members of the Planning Commission, alternates, and Staff have the opportunity to go around and look at the projects that have been approved. Barnhart stated the challenge with that is that if there is a quorum of Planning Commissioners, it needs to be published as a public hearing and open to the public. Libby stated he can fit 10 or 11 people comfortably on his boat and that he is located on Smith Bay. Lemke stated the open meeting laws make it a challenge. Barnhart stated he will talk about that with the City Attorney. PLANNING COMMISSION COMMENTS None 9"1 181-1JWIdy 104 " Ressler moved, McCutcheon seconded, to adjourn the Orono City Council meeting at 8:15 p.m. VOTE: Ayes 7, Nays 0. ATTEST: Bruce Lemke, Acting Chair Page 13 of 13 Date Application Received: July 18, 2018 Date Application Considered as Complete: July 29, 2018 60 -Day Review Period Expires: September 27, 2018 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: August 20, 2018 Subject: #LA18-000067, Kevan Nitzberg, 1212 Briar Street, Variance Public Hearing Application Summary: The applicant is requesting a side yard setback, front yard setback and a detach structure forward of the principle structure for a single car garage. Staff Recommendation: Planning Department Staff recommends approval Background The applicant is proposing a detached single car garage forward of the principle building and within the front and side yard setback. Currently, there is no garage located on the property. The applicant has stated this garage is necessary due to the extreme weather conditions and safety for the livability of his home. The garage will provide additional storage for the property. The new garage will be placed over an existing paved parking pad. They will also be removing excess blacktop from the site bringing the lot into conformance with the hardcover Tier 2 standards (30%). The applicant has stated that due to the home being located at the end of the road it will not alter the aesthetics of the neighborhood and the proposed garage will match the existing home's exterior and with added landscaping around the structure. LOT ANALYSIS WORKSHEET Section 78-1435 and 1405 - Setbacks: DISTRICT RR -16 Detach Garage <750 sq.ft. Setbacks Required proposed Front 57' (House Setback) 20' Rear 10' 100' Side (north) 10' 55' Side (South) 10' S' Section 78-420 - Lot Area/Width: DISTRICT Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 10,500 s.f. (0.24 acre) 75' Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 10,500 s.f. (0.24 acre) Allowed: 2,100 s.f. (20%) Proposed:1,598 s.f. (15.2%) LA 18-000067 August 20, 2018 Page 2 of 4 Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 3,150 s.f. 3,223 s.f. 3,132 s.f. Tier 2 10,500 s.f. (30%) (30.6%) (29.8%) Applicable Regulations: Side Yard Setback (78-1405 a.6.) The applicant is requesting a 5 foot side yard setback, where 10 feet is required, to maintain access and a second parking location on the property. Garage forward of the principle structure (78-1435) The applicant is requesting the garage be located 20 feet from the front property line which is forward of the principle structure, located roughly 57 feet from the front of the property. Front and Side Yard Setback (78-1511) Within all R districts, all vehicles normally owned or kept by the occupants on the premises must have a garage stall or open parking space on the some lot as the principal use served. Garaae stalls accessory to residential structures may be located anvwhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within ten feet of a rear lot line. The applicant is requesting the garage be located 20 feet from the front property line, where 50 feet is required and requesting a 5 foot side yard, were 10 feet is required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed single detached garage is in harmony with the intent of the City Code. The proposed location on a substandard lot forward of the principle home and located in LA 18-000067 August 20, 2018 Page 3 of 4 the front and side setbacks should not impede sightlines or change of character of the neighborhood, which follows the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. Adding a detached single car garage as an accessory structure where no garage is located on the property is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; Currently the property does not have any garage space, adding a single car garage in the proposed location on a substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The lot is substandard in area and width to the zoning district limiting the buildable area on the site and c. The variance will not alter the essential character of the locality. The neighborhood has many substandard lots with structures places within the setbacks of the zoning district. Adding a single stall garage to this property will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a detached garage is an allowed use in the RR -1B District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Most of the properties in the area already have garages, this property is unique with no current garage structure and the substandard lot and limited building envelope. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant believed this to be true. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has explained this to be true to use a detach garage is necessary to the use and safety of the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed location on a substandard lot should not impede sightlines or change of character of the neighborhood. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has stated this to be true. The Commission may recommend or Council may impose conditions in granting of variances. LA 18-000067 August 20, 2018 Page 4 of 4 Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds the request for a detached single car garage in the proposed location is reasonable. The City has previously considered lack of garage parking satisfies practical difficulty. Due to access and the substandard size of the lot the applicant has stated this is the most reasonable location for the structure. Alternatives include placing the garage in the rear yard. There is currently paved blacktop in this location and the applicant will remove any access blacktop and bring the hardcover into conformance with the City Code. Placing the structure and driveway in the rear of the lot would potentially increase the amount of overall hardcover on the property. A Garage will increase to usability, safety and storage for the home on the property making the site more useable for the property owners. Engineer Comments 1. The plan does not depict any changes to grade. 2. The structure and/or any grading done immediately around the structure must not direct surface runoff onto the neighboring property. Public Comments The neighbor to the south at 1224 Briar has submitted an email in support of the request. The applicant has also submitted signatures from other neighboring properties on the road in support of the request. Please see Exhibit F. Issues for Consideration Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Planning Staff Recommendation Staff would support a recommendation for approval if the Planning Commission agrees with the proposed findings meeting the variance requirements. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Submitted Comments Exhibit G. Pictures and Ariel Views Exhibit H. Property Owners List and Map Letter View Application Date: Land Use Application Summary 07/17/2018 Address: 1212 BRIAR ST WAYZATA, MN 55391 Parcel Number: 1011723310075 Land Use Number: LA18-000067 Application Submitted By: Property Owner Owner: Name: KEVIN NITZBERG & LAURIE NITZBERG Address: 1212 BRIAR ST WAYZATA, MN 55391 Applicant: Name: KEVIN NITZBERG Address: 1212 BRIAR ST WAYZATA, MN 55391 Contact Information: Project Description: Land Use Application Type: Applicant Signature: Associated Contact: Mark Gronberg Associated Contact: Associated Contact: Associated Contact: 14'x20'x8' single car garage Amendmend Application El Appeal of Admin Decision ❑ Concept Application ❑ Conditional Use Permit ❑ Site Plan Application ❑ Subdivision Application ❑ Subdivision Exception ❑ Vacation Application Variance Application ❑ file:///C/Userslloakden/Downloads/Land%20Use%20Application%20Summary%20(1).htm[8/16/2018 9:01:15 AM] Exhibit A LA18-000067 PC Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA18-000067 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Due to the smallness of the lot size, a variance is needed to be able to situate a single car garage (14'x20'x8'), 20' back from the road and 5' off of the next door neighbor's property on the north side of the lot. James Hillier, the owner, has given us permission to build. there and his signed permission is included with the signature form included in the enclosed documents. The majority of the garage will be built over the area that presently is a paved carking pad. A small section of the existing pavement will be removed (5' x 20'), to accommodate the areas of ground that will need to be covered by the garage in order to maintain a hardcover percentage of under 30%. The proposed hardcover area will be 29.83%. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: There is no garage presently at 1212 Briar Street which has caused considerable inconvenience when experiencing extreme weather conditions. 3. The variance, if granted, will not alter the essential character of the locality. Response: We are the last house at the end of a dead end street and border a woods to the north side of the property. The garage will not obstruct any view of the surroundings by our neighbors and will be built so that it matches the existing house's exterior. Additional planting will take place where the pavement is being removed to to give the garage a more aesthetic character. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: n/a S. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: n/a 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: n/a 7. The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: n/a 9. The conditions do not apply generally to other land or structures in the district in which said file:///C1Userslloakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(1).htm[8/16/2018 9:00:54 AM] Letter View land is located. Response: n/a 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: A garage is certainly a reasonable expectation to a home owner for its utility and usefulness in addition to the protection it affords to vehicle(s). 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: It will not have any such effect. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: A garage is essential for the protection of property and the limiting of the inconvenience brought on by extreme weather (storms, hail, snow, etc.) file:///C1Userslloakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(1).htm[8/16/2018 9:00:54 AM] From: KEVAN NITZBERG Owner To: Laura Oakden Subject: RE: Information needed for Variance Request Date: Friday, July 27, 2018 11:33:39 AM Hi Laura, I guess I assumed the narrative was already included in the information I provided that was typed in the question boxes I responded to. However if that needs to be separate, here is the rationale for why not having a garage has been a hardship. Inclement weather (which seems to be on the rise), possible damage to vehicles as well as factoring in our ages (my wife and I are both in our 60s), have made the 5 years we have been living at 1212 Briar Street unnecessarily difficult. A garage would certainly be helpful in being able to get out to go to work in a timely fashion (I need to leave for work at 6 AM) particularly in the winter, and my wife also needs to be able to get going after I am gone. There also is additional security provided by having a garage for locking up belongings not suitable for having in the house when we are gone on vacation in addition to being able to store and access things not suitable for having in the house such as outdoor equipment/ tools, etc. I hope that provides sufficient reasons for our needing to have a garage. Thanks again for your help, Kevan ----- Original Message ----- From: Laura Oakden <loakden@ci.orono,mn.us> To: KEVAN NITZBERG Owner <knitzberg999@centurylink.net> Sent: Fri, 27 Jul 2018 09:17:38 -0400 (EDT) Subject: RE: Information needed for Variance Request Hello Kevan, Sounds good. Thank you for your quick response. I will watch for an email from you for the house height. Also, please submit a project narrative summarizing what you are looking to do and why. Thanks! Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.c1.orono.mn.us Summer Office Hours: Monday -Thursday: 7:30 am to 5:00 pm Fridays: 7:30 am to 11:30 am All Permitting is done through our new online portal LINK! -----Original Message ----- From: KEVAN NITZBERG Owner[mailto:knitzberg999&centurylink.net] Sent: Thursday, July 26, 2018 11:33 PM To: Laura Oakden <loakden@ci.orono.mn.us> Subject: Re: Information needed for Variance Request Go again, I will send you the height of the house when we are back in town. We are returning this weekend. Kevan ----- Original Message ----- From: Laura Oakden <loakden@ci.orono.mn.us> To: knitzberg999@centurylink.net Sent: Thu, 26 Jul 2018 09:28:14 -0400 (EDT) Subject: Information needed for Variance Request Hello Kevin, I am working with Melanie and I will be handling your variance application for your detached garage. I am looking for a little bit more information for you application. I have attached a letter that outlines all the items that I need. Please feel free to give me a call. I would be happy to answer any questions. Thank you Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us<http://www.ci.orono.mn.us/> Summer Office Hours: Monday -Thursday: 7:30 am to 5:00 pm Fridays: 7:30 am to 11:30 am All Permitting is done through our new online portal LINK<httjs://www2.citizenserve.com/orono>! 00'SL R -V M „0-b ,-b L 000 S o m 0'SZ ? 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I am looking for a little bit more information for you application. I have attached a letter that outlines all the items that I need. Please feel free to give me a call. I would be happy to answer any questions. Thank you Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us<hU://www.ci.orono.mn.us/> Summer Office Hours: Monday -Thursday: 7:30 am to 5:00 pm Fridays: 7:30 am to 11:30 am All Permitting is done through our new online portal LINK<https://www2.citizenserve.com/orono>! it of Orono Hardcover Calculation Worksheet Properry Address. ar I . . PTepared by: r V%�o -IP 4 :5 GverW Dm -e To- (C*M are) Tjw I 1[K*f Tier 3 T Tier r-- tLo- 1` 110ommg table idasntrfy III items of &A" handeuver on the prop". keyBd by letter Jo CAntificate of zp -, -wei , s wey must Fmcompary this forM). 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P. _(M (4) TOM LUIPaW S' S.F. 7Y % Tw 4 wt ilRymmebm ",�:Nry 0 E�Wy ~ k#.& &d" AMM w emum vw amff� ar ffm m0bmwton ;�a Nmew 4f wry obmw~. �s w --onsimmemm pvmmvrLs of t" Cry COm. Ow cOm Pmvftbm wgPmw"" ftp fmfIii cmmrormw Hardcover Calculation Worksheet R Mws' /2/2 bt2., r * (u.rzeEao) sm�mw�.mrwaMawmr O—Fmma�erar.tca. aK� Merl ®cors n.ra rrm m�ma'iaeeneon omwa, keyed ey wmrm cxun«ma sx. (Mrae om°u�o m, Me7aro�a aKKTy .avk Meban �amm�n feu J mars ziwxnreand oiouau �vxm.xqMnm�r�um.amyrw®mwwm .�.iwwe..l.v Ow rm•w] From: Melanie Curtis To: Laura Oakden Subject: Fwd: 1212 Briar Street/Nitzberg Date: Monday, July 30, 2018 10:21:32 AM Sent from my Whone. Begin forwarded message: From: "Hillier, Jim (MN10)" <Jim.Hilliernhoneywell.com> Date: July 30, 2018 at 08:42:17 CDT To: Melanie Curtis <MCurtisnci.orono.mn.us> Subject: 1212 Briar Street/Nitzberg Honeywell Internal Hi Melanie, I hope all is well with you. I just wanted to send you a note letting you know that we are very supportive of the Kevin and Laurie Nitzberg garage project. We completely understand the desire/need they have to build the garage. Thanks again, Jim Hillier 1224 Briar Street 612-916-6574 Toll It May tton[em, lam ammally me mtymammat wr mlgnnors, m tan and lanae ylmyeq at ulx ber stmM liam made m nave a ya,agr erin on me, nm Abl? 4h 04 - 3 y �E Q�la �vvrai name/mm�s kr�M�rs c�'v h �,sk � b75a�gr�r t+Iwr� M,d namC?¢ry'� name/aad.aM4` 91 /� 4 'Pi ��i SUSm� Tg � N/l{ talo u �� Sl 55391 7/IVU To lyyunn May Ufam. Imre¢yrenw.rcl¢nyma, n..anana lar' xmeaaaalxlz MM.slree pvmlbonmlrsr, y�awln sleamom me owm.Ma pw.atynMnxuseaa,se..n. i Ar �%rn+n �ar `cam Imvsnlllk. is maim TV I%yy Am -91V -rii, lie so 41 I M' 7M ,l 4k 2250 (3) Hennepin County Locate & Notify Map Date: 7/31/2018 2220 (4) E2 1233 2170 (93) P 2235 251 PI (1oz) 261(42) 5) 1261 1291 2235 (43) 1295 (44) 2180 (19) Buffer Size: 500 feet Map Comments: 1055 1099 1s) 1115 (17) 114:> (18) 7� 1220 (1s) P4, 1185 (31) (21) /P '9y 1205 N 11 1225 Jj 1245 O (22) �°� 20 M 1212 1215(70) Q (69) 1223 ` 1224 1223 1230 �) (74) (71) (toy) 1245 1240 1241 (99) (66) iMlnnetonWasAv 1250 (39) 1261 (32) 1270 (3WO 1271 1271 (K) 290(3 1285 34 34 (36) 2160 — 12957d -crystal-Ave (18) 2150 2140 Crystal Bay 2170 (16) (103) (97) 7) Fla y9round 2160 Prospect Ave 1335 1335 0 60 120 240 ft I I I I I I I I I This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 1251 1250 (106) zz> 1270 1275 (29) 1 (24) 1270 75 (25) 1285 (26) 1290 0285 -crystal-Ave (18) 2150 2140 Crystal Bay 2170 (16) (103) (97) 7) Fla y9round 2160 Prospect Ave 1335 1335 0 60 120 240 ft I I I I I I I I I This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us RUN DATE: 07/31/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 10-117-23 23 0004 38 10-117-23 24 0031 38 10-117-23 310035 C DAHL & D L HOPP ET AL S & R CARLSON TWELVE OAKS PROPERTIES LLC 38 ADDRESS UNASSIGNED 1185 ARBOR ST 1295 ARBOR ST ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CHRISTOPHER DAHL STEPHEN C & RANDI J CARLSON TWELVE OAKS PROPERTIES LLC DEBORAH L HOPP 1185 ARBOR ST CHRISTOPHER R PERRY 1300 FRENCH CREEK DR WAYZATA MN 55391 1125 HUNTER DR WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0016 38 10-117-23 310022 38 10-117-23 310036 NATHANAEL DOWNING CRAIG W & JUDY D CHRISTENSEN M & J BLUE 1099 WILLOW DR S 1251 BROWN RD S 2160 CRYSTAL AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55323 NATHANAEL DOWNING CRAIG & JUDY CHRISTENSEN MARCUS J & JUDY A BLUE 1099 WILLOW DR S 1251 BROWN ROAD S 2160 CRYSTAL AVE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0017 38 10-117-23 310023 38 10-117-23 310037 TODD M GABRIELSON ET AL CRAIG W & JUDY D CHRISTENSEN JASON JIMOS 1115 WILLOW DR S 38 ADDRESS UNASSIGNED 1290 BRIAR ST ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 TODD M & SUE E GABRIELSON CRAIG & JUDY CHRISTENSEN JASON JIMOS 1115 WILLOW DR S 1251 BROWN ROAD S 1290 BRIAR ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0019 38 10-117-23 310024 38 10-117-23 310038 DOUGLAS PAUL SCHNOOR & WIFE TOWN OF ORONO JOHN C RANGE 1220 LAKEVIEW AVE 1275 BROWN RD S 1270 BRIAR ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DOUGLAS & NORMA SCHNOOR CITY OF ORONO JOHN C RANGE 1220 LAKEVIEW AV PO BOX 66 P O BOX 105 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 24 0020 38 10-117-23 310025 38 10-117-23 310039 J K J NIELSEN & E E NIELSEN TOWN OF ORONO L PEARSON-CASHIN & S CASHIN 1165 BROWN RD S 1275 BROWN RD S 1250 BRIAR ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JENNIFER K JOHNSON NIELSEN CITY OF ORONO LAURIE A PEARSON-CASHIN ERIC E NIELSEN PO BOX 66 SEAN P CASHIN P O BOX 54 CRYSTAL BAY MN 55323 1250 BRIAR ST CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 10-117-23 24 0021 38 10-117-23 310028 38 10-117-23 310042 LESLIE A HANSON DEAN T LUNDBLAD ET AL LINDA LAVERNE PRINTUP 1205 LAKEVIEW AVE 1290 ARBOR ST 1261 BRIAR ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55323 LESLIE ANN HANSON DEAN T LUNDBLAD LINDA L PRINTUP 1205 LAKEVIEW AVE SHERRI STRELOW-LUNDBLAD PO BOX 104 WAYZATA MN 55391 1290 ARBOR ST 1261 BRIAR ST WAYZATA MN 55391 CRYSTAL BAY MN 55323 38 10-117-23 24 0022 38 10-117-23 310029 38 10-117-23 31 0043 PAUL ADAMS & LAURA L ADAMS TIMOTHY HANSON PAUL ALLONBY 1212 ARBOR ST 1270 ARBOR ST 1291 BRIAR ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 PAUL ADAMS TIMOTHY HANSON PAUL ALLONBY LAURA LYNN ADAMS 1270 ARBOR ST 1291 BRIAR ST 1212 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0023 38 10-117-23 310032 38 10-117-23 310044 W A JOHNSON & A M FARNHAM F& B PETERSON J A GERBER & P C REITAN 1225 LAKEVIEW AVE 1261 ARBOR ST 1295 BRIAR ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 W A JOHNSON & A M FARNHAM F P PETERSON JOEL A GERBER 1225 LAKEVIEW AVE P O BOX 164 P.O. BOX 74 WAYZATA MN 55391 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 10-117-23 24 0024 38 10-117-23 310033 38 10-117-23 310064 KEITH S NORD STEVEN G RICHARDSON ET AL CYNTHIA JORGENSON 1245 LAKEVIEW AVE 1271 ARBOR ST 1205 BROWN RD S ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 KEITH S NORD STEVEN & SARAH RICHARDSON CYNTHIA JORGENSON 1245 LAKEVIEW AVE 1271 ARBOR ST 1205 BROWN RD S WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 24 0030 38 10-117-23 310034 38 10-117-23 310065 NATHAN M SCHOUVIELLER ET AL C J ALBRECHT & J L ALBRECHT D J KUTZLER & D M KUTZLER 1233 BRIAR ST 1285 ARBOR ST 1223 BROWN RD S ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 NATHAN M SCHOUVIELLER C J& J L ALBRECHT DAN KUTZLER MARIA S SCHOUVIELLER 1285 ARBOR ST 57037 HWY 57 1233 BRIAR ST WAYZATA MN 55391 DODGE CENTER MN 55927 WAYZATA MN 55391 RUN DATE: 07/31/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 10-117-23 310066 38 10-117-23 310106 M T BROWN & M E BROWN REGINA ENGEBRITSON 1241 BROWN RD S 1250 ARBOR ST ORONO MN 55391 ORONO MN 55391 MONICA T & MICHAEL E BROWN REGINA ENGEBRITSON 1241 BROWN RD S 1250 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 310069 WILLIAM KROLL & LUCY KROLL 1230 ARBOR ST ORONO MN 55391 WILLIAM KROLL & LUCY KROLL 1230 ARBOR ST WAYZATA MN 55391 38 10-117-23 310070 CHAUNCEY H SANDGREN TRUSTEE 1215 ARBOR ST ORONO MN 55391 CHAUNCEY H SANDGREN 1215 ARBOR ST WAYZATA MN 55391 38 10-117-23 310071 J M K KENNEN & L S KENNEN 1223 ARBOR ST ORONO MN 55391 JANICE & LEONARD KENNEN 1223 ARBOR ST WAYZATA MN 55391 38 10-117-23 310074 J L ANDERSON & J F HILLIER 1224 BRIAR ST ORONO MN 55391 JULI L ANDERSON JAMES F HILLIER 1224 BRIAR ST WAYZATA MN 55391 38 10-117-23 310075 K NITZBERG & L NITZBERG 1212 BRIAR ST ORONO MN 55391 KEVIN NITZBERG LAURIE NITZBERG 1212 BRIAR ST WAYZATA MN 55391 38 10-117-23 310093 M & J MC CLELLAND 2170 MINNETONKA AVE ORONO MN 55391 MICHAEL P MC CLELLAND 2170 MINNETONKA AVE N P O BOX 45 CRYSTAL BAY MN 55323 38 10-117-23 310099 SUSAN S TENNEY 1240 ARBOR ST ORONO MN 55391 SUSAN S TENNEY 1240 ARBOR ST WAYZATA MN 55391 38 10-117-23 310102 R J ROTH & T QUAST 1251 BRIAR ST ORONO MN 55391 ROBERTA JEAN ROTH P O BOX 159 CRYSTAL BAY MN 55323 38 10-117-23 310105 J L ANDERSON & J F HILLIER 1245 ARBOR ST ORONO MN 55391 JULI L ANDERSON JAMES F HILLIER 1245 ARBOR ST WAYZATA MN 55391 38 10-117-23 32 0003 TOR C AASHEIM ET AL 2250 FRENCH CREEK CIR ORONO MN 55391 TOR CHRISTIAN AASHEIM ALAM P FERNANDEZ-VERDUZCO 2250 FRENCH CREEK CIR ORONO MN 55391 38 10-117-23 32 0004 R T FAYFIELD & J H FAYFIELD 2220 FRENCH CREEK CIR ORONO MN 55391 ROBERT & JEANNE FAYFIELD 2220 FRENCH CREEK CIR WAYZATA MN 55391 38 10-117-23 32 0005 S CLINTON JR & M C CLINTON 2235 FRENCH CREEK CIR ORONO MN 55391 STANFORD CLINTON JR MARY CHRISTINE CLINTON 749 HARBUR POINT DR NORTH PALM BEACH FL 33410 38 10-117-23 32 0018 C DAHL & D L HOPP ET AL 38 ADDRESS UNASSIGNED ORONO MN 00000 CHRISTOPHER DAHL DEBORAH L HOPP 1300 FRENCH CREEK DR WAYZATA MN 55391 PAGE: 2 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: July 23, 2018 Date Application Considered as Complete: 60 -Day Review Period Expires: Not applicable To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: August 20, 2018 Subject: #LA18-000068, Sven Gustafson o/b/o 1350 Baldur LLC, Baldur Park Road, Sketch Plan Application Summary: This is a sketch plan for a proposed plat that would combine 4 lots into one lot for the purposes of constructing a new single family home. Due to the narrowness of the peninsula, a number of variances will be necessary. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Planning Commission's discussion with the applicants outlining potential issues for discussion to be addressed prior to submission of a formal Preliminary Plat application. Due to the inconsistencies with the City Code, Staff does not support the proposal as drafted. Background A single property owner owns the 14 platted parcels at the end of Baldur Park, including the subject parcels, and the existing home at the end of the point. The project area is comprised of 4 separate parcels at a narrow point of Baldur Park. The parcels are currently undeveloped, though a driveway cuts through the parcels serving an existing home. The site is bounded on two sides by Lake Minnetonka and is generally flat. Portions of the property appear to be below the regulatory flood elevation of 931.5. Any structure's lowest floor will need to be raised to one foot above this elevation; the lowest opening needs to be 2 feet above this elevation. The applicant proposes to combine several lots to create a new lot. Combining lots removes interior lot lines and their corresponding setbacks, allowing for a larger home. The applicant proposes retaining access to the home on the point, which they own, via an easement through the subject property. Sketch Plan Review Parameters The goal of this review is to provide the applicant with an overview of the pertinent City ordinances and how they affect the proposed plat, and to discuss the strengths and weaknesses of the proposal. The "Summary of Issues for Consideration" reveals a number of issues with the proposed plat and should provide direction to the applicants regarding the proposal. Planning Commission should review each topic and identify any issues to which the applicant should pay special attention. FILE # LA18-000068 August 20, 2018 Page 2 of 5 As a sketch plan review, any comments or suggestions to the applicants are non-binding but will be extremely helpful as the project moves forward. Analysis Frontage. The property does not have direct frontage on a public or private right of way; the home on the point is accessed via a driveway through 1376 Baldur Park Road. It is assumed an easement exists, a copy of this easement has not been provided. It will need to be reviewed to ensure it does not prevent platting or the extension of utilities. Remedy: Provide copy of easement. Cul de sac length. Baldur Park Road is currently approximately 990 feet from its intersection with Birch Lane (the maximum length is 1000 feet). Baldur Park Road ends without a turn around or cul de sac. The lack of frontage onto Baldur Park road prevents a cul de sac within Baldur Park Road right of way, unless additional right of way is platted (and connection to Baldur Park Road established.) Recently, the city approved the Ivy Place Plat; the developer there provided on site turnarounds and agreed to sprinkler the buildings, in part to offset the challenges imposed by a long road ending in a dead end. The commission should consider this factor in its' review of the plat. Remedy: Verify connection to right of way, Provide cul de sac. Land locked parcels. Secondly, platting the lot creates a lot, and because the parcels further at the end of the point would be land locked, creates an "Easement Back Lot", which is prohibited by Section 82-256 (c). Platting the project consistent with the City Code would require the provision of a 30 foot wide access outlot, thereby establishing the home on the point as a back lot, and the subject parcel as a front lot. Remedy: Provide 30 foot wide outlot, adjust lot configuration accordingly. Lot area. Chapter 82 of the City Code, in defining lot area, excludes public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water ,wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. The 0.5 acre parcel described will need to be adjusted to accommodate access and or right of way/ outlots serving the lot at the point. The wetland/ floodplain location may restrict the ability to plat the property without a waiver. Remedy: Confirm location without encroaching into wetland or floodplain area, Adjust lot size if necessary. Conformity with the Orono 2030 Community Management Plan. Assuming modifications to the lot size to accommodate access requirements and exclusions identified above, and confirmation of the access question, the use and the density are consistent with the 2030 Comprehensive Plan. Site Grading. At this sketch plan stage no grading plans have been submitted. However, to accommodate a home in the flood plain, grading will likely be necessary. A conditional use permit will be required to permit that activity. Remedy: Develop grading plan, verify floodplain impacts. FILE # LA18-000068 August 20, 2018 Page 3 of 5 Road Improvements and/or Easements Needed. Assuming the road would be private, the City will require a Road, Drainage and Utilities Easement over the private road, which should be platted as an outlot and designed and built to City private road standards. Standard perimeter drainage and utility easements around all property boundaries as well as conservation and flowage easements over the delineated wetlands will be required. Remedy: Plat outlot, prepare easement if private. Parks, Trails, Sidewalks. No sidewalks or trails are proposed. Based on the comprehensive trail plan, no trails are recommended. Park Dedication. Since this is a proposed plat, versus a subdivision, no park dedication will be required. Stormwater and Drainage Improvements & Fees. Stormwater plans have not been developed at this stage. Stormwater will need to be managed as required by the Watershed District. The project will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee). Final calculation of the fee would be based on the final lot count. If for example the development results in I lot at 0.5 acres, the SW&DT Fee would be $6,050 lots per the 2018 Orono Fee Schedule. Utility Locations/Availability/Assessments/Connection Fees. It is not stated, but it is assumed that the property will connect to sanitary sewer services. A SAC connection fee will be required at the time of connection. Extension of the sewer will be the responsibility pf the development. Municipal Water does not serve the property. A well will need to be drilled. It is assumed that all other utilities will be underground and located within easements. This will need to be verified. Remedy: Confirm easement authority to extend utilities to property. Wetlands. It appears that a portion of the western shore is impacted by wetlands. A delineation will need to be completed as part of the preliminary plat. The MCWD will likely require a buffer of some width, which may impact access and building sites. Wetland buffers may be included in lot area calculations, but not the wetlands themselves. Remedy: Delineate wetland, to be approved by Minnehaha Creek Watershed District, adjust lot area as necessary. Tree and/or Woodland Impacts. The site plan indicates several large cottonwood trees on the property, many of which will be removed to accommodate construction. Conservation Design. Conservation design is not required because this is a proposed plat, not a proposed subdivision. : FILE # LA18-000068 August 20, 2018 Page 4 of 5 Floodplain. The MCWD has provided comments based on preliminary review of the plan, and raise some floodplain issues that will need to be addressed as the project moved forward. Their comments are outlined in Exhibit D. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: 1. Front lot/ Back Lot. Platting the property as proposed will create an easement back lot. Does the Commission feel a waiver from the prohibition of an easement back lot is warranted? 2. 75 Lake Yard variance. Because of the narrow width (104 feet at its narrowest) of the peninsula, any improvement of the subject lot will require 75' lake yard setback variances. Does the Commission support the placement of a lot in the location, requiring variances? An alternative lot location further at the point would prevent the need for a variance. 3. Does to commission feel that adjustments to the lot area requirements are justified (Including access or easements in lot area? 4. Can Planning Commission identify any other topics that should be addressed regarding this sketch plan review? Staff Recommendation Staff does not support the proposal as drafted, because: a. The proposal creates a non -conforming parcel by virtue of creating an easement back lot. b. Access to the lot is in question and information supporting access rights to the development have not been provided. c. The lot proposed requires a lake yard setback to improve the property. Staff recommends a lot be created at or nearer the point that does not require a lake setback to develop. Staff recommends the Commission confirm the remedies suggested above be incorporated into a preliminary plat. Public Comments To date, no public comments have been received. List of Exhibits Exhibit A. Application Summary Exhibit B. Location Map Exhibit C. Applicants' Submitted Sketch Plan Exhibit D. MCWD Comment Letter FILE # LA18-000068 August 20, 2018 Page 5 of 5 Land Use Application Summary Application Date: 07/23/2018 Address: 38 ADDRESS UNASSIGNED Orono, MN 00000 Parcel Number: 0811723310009 Land Use Number: LA18-000068 Application Submitted By: Agent on behalf of property owner Owner: Name: 1350 BALDUR LLC Address: 4400 WEST ARM RD E SPRING PARK, MN 55384 Applicant: Name: Sven Gustafson Address: 153 Lake St. E Wayzata, MN 55391 Contact Information: Associated Contact: Sven Gustafson Associated Contact: 1350 BALDUR LLC Associated Contact: Associated Contact: Project Description: Sketch Plan review Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: Hennepin County Property Map Date: 8/15/2018 No results I Comments: LA18-000068 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2018 44 foo .�.*b ` ` VEL _ - `� _ _ *4b 144 8" Ash / • �o � / --- � %b � 30" Cottonwood ` \ ��`� \ 32" ottonwood \ !J 24" Cottonwood t woo \ 12" Cottonwood 24" Cottonwood// Cottonwood 1 r 3,202. 0� f / � r.) 26" Cottonwood 10" Cottonwood V !�Ioood 93� 5 35° Cottonw /��' '�_ .( ✓ Tf C � \ Coban 26" Cottonwood ✓ `�` \ �J 10" Cottonwoo 12� = Shoreline 12/8/06 t\ \ V l _ ............ _ — • "_---=���' /moi �� ♦ do _�As_=`E� Deck - o ��` 6" Cot onw ad / / 6, `♦♦1♦ / / 15 0 ad ottonwo r7\ Ash ' Ash d 10" Ash nv X \,o \ I 4S Nf 14" Ash `♦�G V l k, lJ L PP Point of be Most we \\ epsement ginnin4, cerate °f Lot 20erY corn\\ `. Existing House i i or Garage M.H - SC M.H. ><—of driveway PnL u Poses f the 12 fo \� �� �•�i _ N,Surf as Per Order °t ._� der DOC, No. 1 � MINNEHAHA (CREEK QUALITY OF WATER August 14th, 2018 Jeremy Barnhart City of Orono Community Development Director 2750 Kelley Parkway Orono, MN 55356 WATERSHED DISTRICT QUALITY OF LIFE RE: Baldur Park Sketch Plan- 4 lots Northwest of 1376 Baldur Park, Orono Mr. Barnhart, The Minnehaha Creek Watershed District (District) was requested to review a sketch plan for a possible new platted lot on Baler Park. From a preliminary review, the proposed development of a new lot would consolidate four existing parcels into one and would trigger the District's Erosion Control, Floodplain Alteration, and Wetland Protection rules. The Stormwater Management rule would be applicable if anything other than one single family home is proposed. Floodplain Alteration The District's Floodplain Alteration rule is applicable for any project that proposed land disturbance below the 100 -year floodplain elevation. The 100 -year floodplain for Lake Minnetonka is 931.5' and the Ordinary High Water Level (OHWL) is 929.4'. Existing conditions indicate that a large portion of the site is below the 100 -year floodplain. Per the District's rule, and fill brought in below the 100 -year floodplain will have to compensated for at a 1:1 ratio between 931.5' and 929.4' (ie, 10 cubic yards of fill require 10 cubic yards of compensatory storage. Compensatory storage must be created between the 100 -year floodplain and the OHWL). All low openings will need two feet of freeboard above the 100 -year floodplain elevation which would be a minimum of 933.5'. Floodplain alteration that results in greater than 50 cubic yard of fill will be required to submit an as -built survey upon project completion. Wetland Protection The District's Wetland Protection rule is applicable for any project that proposes an impact to a wetland and the Buffer provisions of the rule are applicable to new single family homes that propose an increase in impervious surface. Based on District's Function Assessment of Wetlands (FAW), there is a Preserve Management Class wetland present on the southwestern portion of the peninsula. Per section 6(f) of the rule, new principal residential structures are required to apply a 25' wetland buffer upgradient from the edge of the delineated wetland. Per section 6(c), the buffer can be averaged down to 50% (12.5') We collaborate with public and private partners to protect and improve land and water for current and future generations. 15320 Minnetonka Boulevard, Minnetonka, MN 55345 • (952) 471-0590 • Fax: (952) 471-0682 • www.minnehahacreek.org and out to 200% (50') as long as the minimum buffer width is maintained at all points and there is no loss in total buffer area provided. Wetland buffer areas that are proposed to be disturbed by grading or other site activities will be required to submit a monitoring and maintenance plan in accordance with sections 7 and 10 of the rule along with a financial assurance of no less than $5,000. To determine the extent of the wetland, a wetland delineation will be required to confirm the Boundary and Type. MCWD is the Local Unit of Government (LUG) responsible for implementing the Wetland Conservation Act (WCA) in the City of Orono. Any wetland fringe below the OHW (929.4') is Public Waters Wetland and would be regulated by the DNR (only applicable if impacts are proposed). Frnsinn Cnntrnl The District's Erosion Control rule is applicable to any project that proposes 5,000 square of land disturbance or 50 cubic yards of excavation/fill. A standard erosion control plan will be required. Please reference the District's Erosion Control Checklist found at http://www.minnehahacreek.org/permits/permit-information-and-applications for required exhibits. Administrative Items and Timeline The District's Floodplain Alteration and Wetland Protection rules are considered to be non -fast track permits and require a 14 day public notice to residents within 600' of the property. The WCA requires a 15 business day Notice of Application period before a Notice of Decision can be issued. Additionally, the wetland buffers and buffer monumentation will be required to be declared against the property in the form of a maintenance declaration between the District and the property owner. As the proposed concept sketch will result in a significant portion of floodplain disturbance. District Staff recommend that the property owner, or a representative on their behalf, contact the District for a pre -application meeting early on in the planning phase. Please contact me at 952-641-4504 or hquinn@minnehahacreek.org if you have any questions or concerns. Respectfully, Heidi Quinn Permitting Technician Enclosure: Site Sketch We collaborate with public and private partners to protect and improve land and water for current and future generations. 15320 Minnetonka Boulevard, Minnetonka, MN 55345 • (952) 471-0590 • Fax: (952) 471-0682 • www.minnehahacreek.org 44 foo .�.*b ` ` VEL _ - `� _ _ *4b 144 8" Ash / • �o � / --- � %b � 30" Cottonwood ` \ ��`� \ 32" ottonwood \ !J 24" Cottonwood t woo \ 12" Cottonwood 24" Cottonwood// Cottonwood 1 r 3,202. 0� f / � r.) 26" Cottonwood 10" Cottonwood V !�Ioood 93� 5 35° Cottonw /��' '�_ .( ✓ Tf C � \ Coban 26" Cottonwood ✓ `�` \ �J 10" Cottonwoo 12� = Shoreline 12/8/06 t\ \ V l _ ............ _ — • "_---=���' /moi �� ♦ do _�As_=`E� Deck - o ��` 6" Cot onw ad / / 6, `♦♦1♦ / / 15 0 ad ottonwo r7\ Ash ' Ash d 10" Ash nv X \,0 \ I 4S Nf 14" Ash `♦�G V l k, lJ L PP Point of be Most we \\ epsement ginnin4, cerate °f Lot 20erY corn\\ `. Existing House i i or Garage M.H - SC M.H. ><—of driveway PnL u Poses f the 12 fo \� �� �•�i _ N,Surf as Per Order °t ._� der DOC, No. 1 � To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner i'Y)GG Date: 20 August 2018 Subject: #LA18-000057, City of Orono, Text Amendment: Accessory Building & Structure Setbacks Public Hearing - Continued Application Summary: The draft ordinance would re -organize the regulations, and clarify the setbacks for accessory buildings and structures throughout the City. Staff Recommendation: Planning Commission should continue the public hearing opened in June and discuss the proposed format and amendments. Staff will prepare an ordinance for future consideration, based on input received. Background/Update This is a continuation of the discussion beginning in June, regarding proposed changes for Accessory Building and Structure setbacks. The changes discussed thus far have been regarding the overall organization of the regulations in the Code, and whether or not adjustments to the existing setbacks are needed. Staff has prepared a summary of the existing regulations in a newly organized table format, as well as a table showing proposed changes to the setbacks for the R -1A, R1-13, LR -1A, & LR -1B districts. The proposed changes to the setbacks reflect the feedback from the previous discussions with the Planning Commission. Monday's discussion should focus on the format of the table, is it clear and easy to understand, etc.; and whether or not the changes to the setbacks being contemplated are appropriate and reasonable. As a point of clarification, the Planning Commission will recall that this amendment will be a wholesale rewrite. Not all existing regulations will transfer, in the interest of these primary goals: 1. Ease of Use. The user can find the applicable regulation using common logic. 2. Clarity. The user can understand the regulation, and how it applies to their question. Reduce the number of exceptions. 3. Remove unnecessary or excessive regulation. In some cases, regulations designed to address a singular concern will be removed, in the interest of goals 1 and 2 above. Applicable Definitions (Section 78-1) Accessory use or structure means a use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental to the principal use or structure. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. FILE #LA18-000057 20 Aug 2018 Page 2 of 2 Private recreational facilities means detached structures or equipment, whether stationary or mobile, such as swimming pools, tennis courts and sport courts, hockey rinks, hot tubs and spas, recreational fire rings, patios, barbecue pits and outdoor kitchens, playhouses and play structures, swing sets, trampolines, skateboard ramps, basketball hoops, batting cages, etc. used generally for recreation purposes for the convenience and use of the residents of the property and their guests. Structure means anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground, land or water, or attached to something having a location on the ground, land or water. The final ordinance continues to evolve and is not ready for review at this time. Public Comments To date, no public comments have been received. Discussion Private recreational facilities are defined, and are listed in the zoning code as allowed accessory uses within each Residential district. However, the definition and subsequent district regulations may leave too much up to interpretation. See the code language below as noted in each Residential district's Accessory Uses section. "Within any [J residential district, the only permitted accessory uses and structures are the following: (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter." Within the Existing Regulations tables (Exhibit A) the setbacks noted with a question mark (?) are done so because it appears the current regulations are ambiguous or silent to those particular setback requirements. The draft Proposed Regulations tables (Exhibit B) attempt to clear up these identified ambiguous areas. The Commission should discuss whether all Private Recreational Facilities (structures) should be treated equally or regulated at all. A basketball hoop in the driveway is not permitted if it is in front of the house, or within 30 feet of the street in the R-113. Should a basketball hoop or trampoline be treated the same as a swimming pool or tennis court, for example? Refer to the notes preceding the Proposed Regulation table (Exhibit B) for some explanation. List of Exhibits Exhibit A. Existing Regulations Table: R -1A, R1 -B, LR -1A, & LR -113 districts Exhibit B. Draft Proposed Regulations Table: R -1A, R1-13, LR -1A, & LR -113 districts Exhibit C. Draft Minutes from PC Work Session 08/01/18 EXISTING REQUIREMNTS: All R Districts: Sec. 78-1279. - Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewerage system setbacks (in feet) from ordinary high water level: (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water body: *Except for detached garages on lakeshore lots as regulated in section 78-1435 _ Setbacks Setback and except for structures subject to less restrictive side and adjacent to street Setback from: p 1 Y 1 (in feet) setbacks as regulated in the various zoning districts. Sewage Top of bluff 30 (3) Bluff impact zones. Structures and accessory facilities, except Public Water Structure stairways, landings and lock boxes, must not be placed within bluff Treatment impact zones. Classification Unplatted cemetery 50 (4) Uses without water -oriented needs. Uses without water -oriented System Unsewered Sewered needs must be located on lots or parcels without public waters Right-of-way line of federal, state or frontage, or, if located on lots or parcels with public waters frontage, - county highway and local public and 30* must either be set back double the normal ordinary high water level NE 150 150 150 private roads setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. RD 100 75 75 (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for GD 75 75 75 landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory Tributary 100 75 75 I structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Sec. 78-1431. - Accessory buildings and structures on through lots. Paraphrase = "must meet the principal structure setbacks from street lot lines" Sec. 78-1436. - 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. Sec. 78-1438. - Crowding principal building. No accessory building, 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 building. 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. Sec. 78-1511. - Setbacks for parking. Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Sec. 78-1605. - Wetland buffer areas and setbacks. Where the MCWD has established or requires a wetland buffer, the wetland buffer rules shall apply. Where the MCWD does not require a buffer, a 25 foot setback shall be required from any building or structure, septic systems, or wells. R Sec. 78-230. - NOTES: Code Reference -1A One Area, height, lot width and Family Residential yard District requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 1.0 acre 140 feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Structure 35 10 35 30 na 25 or MCWD buffer Accessory Building 35 10/15 35/104/154 54/104/15 na 25 or X78-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. -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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 35 30 35? 30 na 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located Building >1,000 sf MCWD within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 0?/15 54/104/15 na 25 or 478-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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 Accessory 35 30 0? 30 na 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. R-1 B Sec. 78-255. - NOTES: Code Reference One Area, height, Family Residential lot width and District yard requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 0.5 acre 100 feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Structure 30 10 15 30 na 25 or MCWD buffer Accessory Building 30 10/15 15 54/104/15 na 25 or 478-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. 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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 30 30 15(?) 30 na 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within Building >1,000 sf MCWD a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 0?/15 54/104/15 na 25 or 478-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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. Accessory 30 30 0? 30 na 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. LR Sec. 78-305 NOTES: Code Reference -1A Area, height, lot width and One Family yard Lakeshore requirements. Residential District Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 2.0 acre 200 feet 30 feet; 78-1279:: OHWL setback + ALS + Bluff/Bluff Impact Zone accessory Y non -building "structures" <42" tall (from existing grade) may be located within ALS, not within the shore impact zone, as no higher defined, for the subject lake classification. Shore impact zone means land located between the ordinary high water level of a than public water and a line parallel to it at a setback of 50 percent of the structure setback. principal § OHWL setback depends on protected water classification (NE, RD, GD, tributary) See 78-1279(1) Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL (feet) Wetland (feet) (feet) (feet) (feet) Principal Structure 50 30--) 30 50 75/100/150§ 25 or 478-305 (c): Within the LR -1A zoning district, the side yard setback for lots that are non -conforming as to their width shall be the lessor of + ALS MCWD 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. buffer Accessory Building 50/104/154 10/15 30 54/104/15 75/100/150§ 25 or 478-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf + ALS MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. 478-1435. - 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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 50 30 15(?) 50 75/100/150§ 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located Building >1,000 sf + ALS MCWD within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 0?/15 5--)/10--)/15 75/100/150§ 25 or -78-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private + ALSY MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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. Accessory 50 30 0? 50 75/100/150§ 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private + ALSY MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. LR Sec. 78-330 NOTES: Code Reference -1B Area, height, lot width and One Family yard Lakeshore requirements. Residential District Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 1.0 acre 140 feet 30 feet; 78-1279:: OHWL setback + ALS + Bluff/Bluff Impact Zone accessory Y non -building "structures" <42" tall (from existing grade) may be located within ALS, not within the shore impact zone, as no higher defined, for the subject lake classification. Shore impact zone means land located between the ordinary high water level of a than public water and a line parallel to it at a setback of 50 percent of the structure setback. principal § OHWL setback depends on protected water classification (NE, RD, GD, tributary) See 78-1279(1) Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL (feet) Wetland (feet) (feet) (feet) (feet) Principal Structure 35 10-.) 20 30 75/100/150§ 25 or —>78-330 (c): Within the LR -16 zoning district, the side yard setback for lots that are non -conforming as to their width shall be the lessor of + ALS MCWD ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. buffer Accessory Building 35/104/154 10/15 20 54/104/15 75/100/150§ 25 or 478-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf + ALS MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. 478-1435. - 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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 35 30 20? 30 75/100/150§ 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located Building >1,000 sf + ALS MCWD within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 0?/15 5--)/10--)/15 75/100/150§ 25 or -78-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private + ALS MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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. Accessory 35 30 0? 30 75/100/150§ 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private + ALS MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. RR Sec. 78-420 NOTES: Code Reference -1B Area, height, lot width and One Family Rural yard Residential District requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 2.0 acre 200 feet 30 feet; 78-1279:: OHWL setback + ALS + Bluff/Bluff Impact Zone accessory g non -building "structures" <42" tall (from existing grade) may be located within ALS, not within the shore impact zone, as no higher defined, for the subject lake classification. Shore impact zone means land located between the ordinary high water level of a than public water and a line parallel to it at a setback of 50 percent of the structure setback. principal § OHWL setback depends on protected water classification (NE, RD, GD, tributary) See 78-1279(1) Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL (feet) Wetland (feet) (feet) (feet) (feet) Principal Structure 50 30--) 30 50 75/100/150§ 25 or 478-420 (c): Within the RR -16 zoning district, the side yard setback for lots that are non -conforming as to their width shall be the lessor of + ALS MCWD 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. buffer Accessory Building 50/10--)/15--) 10/15 30 5/10—)/15 75/100/150§ 25 or 478-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf + ALS MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. -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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 50 30 30? 50 75/100/150§ 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located Building >1,000 sf + ALS MCWD within a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 0?/15 54/104/15 75/100/150§ 25 or 478-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private + ALSY MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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. Accessory 50 30 0? 50 75/100/150§ 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private + ALSV MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. District Sec. 78-- NOTES: Code Reference Area, height, lot width and yard requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) acre feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Structure na 25 or MCWD buffer Accessory Building 30 10/15 35 54/104/15 na 25 or 478-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. 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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 30 30 15(?) 30 na 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within Building >1,000 sf MCWD a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 10/15 54/104/15 na 25 or 478-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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. Accessory 30 30 0? 30 na 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. District Sec. 78-- NOTES: Code Reference Area, height, lot width and yard requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) acre feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Structure na 25 or MCWD buffer Accessory Building 30 10/15 35 54/104/15 na 25 or 478-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. 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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 30 30 15(?) 30 na 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within Building >1,000 sf MCWD a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 10/15 54/104/15 na 25 or 478-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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. Accessory 30 30 0? 30 na 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. District Sec. 78-- NOTES: Code Reference Area, height, lot width and yard requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) acre feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Structure na 25 or MCWD buffer Accessory Building 30 10/15 35 54/104/15 na 25 or 478-1405: (5) In rear yards only... detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as <1,000 sf MCWD otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (6) In side yards only, no accessory structure buffer shall be closer than ten feet from any side lot line. 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 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. 78-1436: 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. 78-1511: Garage stalls accessory to residential structures may be located anywhere on the lot other than a required yard area, except that such garages may be located to within ten feet of an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Oversize Accessory 30 30 15(?) 30 na 25 or 78-1434: Any oversize accessory structure shall be subject to the following conditions: a. No such accessory structure shall be located within Building >1,000 sf MCWD a required yard area (principal structure setbacks must be met). Further, no such structure shall be nearer the front lot line than the front (OAS) buffer 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. 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 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. Accessory 0?/15 10/15 10/15 54/104/15 na 25 or 478-1405: (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational Structures/Private MCWD 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 Recreational buffer accessory structure shall be closer than ten feet from any side lot line. Facilities <1,000 sf 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. Accessory 30 30 0? 30 na 25 or *78-1404. - Tennis courts, sport courts, pools, paddocks, arenas. Tennis courts, sport courts, pools and paddocks or arenas, when such Structures/Private MCWD accessory structures exceed 1,000 square feet footprint area, shall be subject to the following special setback restrictions: Recreational buffer (1) Front, 30 feet minimum and not within the required front yard nor between the front lot line and the principal structure on the Facilities >1,000 sf property. (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. PROPOSED SETBACKTA BLES: Proposed Notes: 1. BOLD is proposed regulation. Strikethrough is removed. Underlined is brand new. 2. Proposed to keep provision for detached garages to be at reduced setback in front/street setback on lakeshore lots if vehicle doors do not face the street. Garage Doors / Street *** 3. OAB will meet Principal Structure Setbacks — Unless detached garage on lakeshore lot, see #2 above. n. Combine all Accessory Structures (AS) into one category. 5. AB setbacks based on zoning district. % to 1.0 acre = 10'; 2.0 acre = 15'; 5.0 acre = 20'. 6. Nonconforming lot width setbacks will apply to AS and AB, but not OAB. 7. Front/Street setbacks for AS = 50% principal structure setback for district. s. Private recreational facilities regulated under AS setbacks. 9. 4Indicates nonconforming lot width setback provision is available. io. Lakeshore lots do not have a front, the "lake" takes the place of the front. R-1A One Sec. 78-230. - Area, height, Family Residential lot width and District yard requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 1.0 acre 140 feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Building 35 10 35 30 na 25 or MCWD buffer Accessory Building 35 1045 35/1 -5/10/43 na 25 or (AB) <1,000 sf MCWD buffer Oversize 35 10-31A 35? 30 na 25 or Accessory Building MCWD >1,000 sf (OAB) buffer Accessory 0244 1045 Q24S -5�104& na 25 or Structures (AS) 17.5(50% 17.5(50% MCWD principal principal buffer structure structure setbacki setback R-16 One Sec. 78-255. - Area, height, Family Residential lot width and District yard requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 0.5 acre 100 feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Building 30 10 15 30 na 25 or MCWD buffer Accessory Building 30 10/45 15 -5/10/35 na 25 or (AB) <1,000 sf MCWD buffer Oversize 30 10-39 1se4 30 na 25 or Accessory Building MCWD >1,000 sf (OAB) buffer Accessory 02/15 10/35 02/35 7.5 §4/10/5 na 25 or Structures (AS) MCWD buffer L R -1A One Sec. 78-305 Area, height, Family Lakeshore lot width and Residential yard District requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 2.0 acre 200 feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear/Street OHWL Wetland (feet) (feet) (feet) (feet) (feet) (feet) Principal Building 50 304 30 50 75/100/15 25 or 0§ + ALS MCWD buffer Accessory 50/5 4-0¢15 30 X9/15 75/100/15 25 or Building <1,000 sf 0§ + ALS MCWD buffer Oversize 50 30 15P4-10- 50 75/100/15 25 or Accessory 0§ + ALS MCWD Building >1,000 sf buffer (OAS) Accessory 42/4-525 44/15 92/15 X9/15 75/100/15 25 or Structures (AS) 0§ + ALSY MCWD buffer LR -16 One Sec. 78-330 Area, height, Family Lakeshore lot width and Residential yard District requirements Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 1.0 acre 140 feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear/Street OHWL Wetland (feet) (feet) (feet) (feet) (feet) (feet) Principal Building 35 104 20 30 75/100/15 25 or 0§ + ALS MCWD buffer Accessory 35/10/4-5 10/4-5 20 -5/10/4-5 75/100/15 25 or Building <1,000 sf 0§ + ALS MCWD buffer Oversize 35 3010 20? 30 75/100/15 25 or Accessory 0§ + ALS MCWD Building >1,000 sf buffer (OAS) Accessory Q? 17.5 10/4-5 4?/4-510 §/10/3 75/100/15 25 or Structures (AS) 0§ + ALS MCWD buffer R R-16 One Sec. 78-420 Area, height, Family Rural lot width and Residential yard District requirements. Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) 2.0 acre 200 feet 30 feet; accessory no higher than principal Setbacks: Street/Front Interior Side Side Street Rear (feet) OHWL Wetland (feet) (feet) (feet) (feet) (feet) Principal Building 50 304 30 50 75/100/15 25 or 0§+ALS MCWD buffer Accessory 50/44/4-5 3 15 30 5—>40—>/15 75/100/15 25 or Building (AB) 0§ + ALS MCWD <1,000 sf buffer Oversize 50 30 30? 50 75/100/15 25 or Accessory 0§ + ALS MCWD Building >1,000 sf buffer (OAS) Accessory 42/4-525 X15 02/15 518/15 75/100/15 25 or Structures (AS) 0§ + ALSY MCWD buffer Planning Commission Work Session Notes 8/1/2018 at 5:30pm Attendance: Commissioners: Bruce Lemke, John Thiesse, Bob Erickson, Dennis Libby, and Jon Ressler; Commissioner Alternates: JB Seals; Staff: Jeremy Barnhart, Melanie Curtis, Laura Oakden The meeting began at 5:30 PM Discussion Topic: Accessory Buildings and Accessory Structure Setbacks The Planning Commissioners were presented with setback tables for each zoning district and were asked to discuss appropriate setbacks. Residential Districts: • The Commissioners discussed the need for clarification and definition for important terms including: ✓ Front yard ✓ Side street yard ✓ Accessory structures ✓ Accessory buildings • Currently, the code has different standards for accessory structures, buildings, and detached garages in certain districts. • Commissioners discussed whether there should be universal architectural requirements and to consider allowing detached garages forward of the principle structure on non-lakeshore lots. • There should be specific garage door placement requirements for access. • A pattern was suggested for the proposed setbacks for OAB, OAS, AB, and AS from the Front Street lot line (& Rear Street lot line on lakeshore lots) as follows: Setbacks for: From the Front Yard on non- and from the Rear/Street Yard Example: LR -1A lakeshore lots on lakeshore lots District Oversize Accessory Zoning district principal Zoning district principal building CAB set back 50' from Building (OAB) building front setback front setback street or rear street >1000 s.f. (lakeshore) Oversize Accessory Zoning district principal Zoning district principal building OAS set back 30' from Structure (OAS) building side -street setback side -street setback street or rear street >1000 s.f. (lakeshore) Accessory Building Zoning district principal Zoning district principal building AB set back 30' from (AB) <1000 sf building side -street setback side -street setback street or rear street (lakeshore) Accessory Structure Zoning district principal Zoning district principal building AS set back 30' from (AS) <1000 sf building side -street setback side -street setback street or rear street (lakeshore) • The new code should remove the current size -based setback restrictions for buildings (there are three to four different setbacks based on size or type of building eg. 750-1000 sq.ft having a 15 foot setback). • There should only be two tiers of setbacks; under 1000 sq.ft and over 1000 sq.ft. • RS District needs clarification regarding side yard setback for principle and accessory buildings. Business/Industrial Districts: • There are challenges in all B districts regarding nonconforming lot size and the setbacks throughout. Commissioners discussed the possibility of changing the minimum lot area and/or lot width requirements for each district. • Marinas in the B-2 district are almost all nonconforming with respect to lot area and lot size. • The zoning in the Navarre area should be discussed with the Navarre Area Group and the implementation of the Comprehensive Plan. • Industrial Districts should consider changing the lot area to 1 acre and accessory buildings should not be permitted closer to any road than the principle building. Direction given. Meeting adjourned at 7:08pm To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: August 20, 2018 Subject: #LA18-000059, City of Orono, Text Amendment related to Sign regulations. Public Hearing Application Summary: The draft ordinance would delete and replace all of the sign regulations within the city code. The ordinance is intended to remove sign regulations based on what the sign says, which is free speech concern. Other goals include clarifying the regulations. Staff Recommendation: Hold a public hearing, approve the document as presented. Background Sign regulations must be content neutral; regulations must apply based on the time, place, or manner of the speech, rather than content. Our existing ordinance includes many references to the content of the sign. The draft ordinance was developed by the City Attorney's office. This draft is offered to gather preliminary feedback prior to finalizing the document for adoption later this summer. A couple of notable sections: 1. The draft continues to prohibit pole signs, where free standing signs are allowed, they must be monument style. 2. The draft retains the 4 temporary sign permits annually. 3. The new regulations introduces a sign standard table (Table 1). This table is central to the "content neutral" goals of this ordinance. All signs in the various districts are regulated the same manner. 4. Table 1 on page 11 includes 5 districts. The District 4 correlates to the B-3 zoning district (Lunds Byerlys) and attempts to incorporate existing signage, ie not creating a nonconforming situation. An attempt to tailor Sign regulations in the other commercial districts to prevent non -conforming situations was made. 5. The draft allows up to 35% of changeable copy, either electric or manual. 6. The draft does not require a permit to change the face (text) of a sign. Public Comments To date, no public comments have been received. List of Exhibits Exhibit A. Draft Sign Ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY CITY CODE TITLE VI, CHAPTER 78, ARTICLE X, DIVISION 4 REGULATING SIGNS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Orono City Code Title VI, Chapter 78, Article X, Division 4 is repealed in its entirety and replaced with the following language: Sec. 78-1465. - Recitals. This Division shall be known, cited and referred to as the Orono Sign Code, except as referred to herein, where it shall be known as "this Division." Sec. 78-1466. - Purpose. Purpose. This Sign Code is intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications, including business identification. It is the intent of these sign regulations, to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public in all areas of the City. It is not the purpose or intent of this division to regulate the message displayed on any sign. The purpose of this division is to authorize: Page 1 (1) Permanent signs which establish a high standard of aesthetics and are appropriate for the planned character in each sign district as established in Section 78-1478; (2) Signs that are compatible with their surroundings; (3) Signs that are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety or create a hazard to motorists, pedestrians, or cyclists; (4) Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; (5) Permanent signs which give preference to the on -premise owner or occupant; 44 (6) Temporary commercial signs and advertising displays which provide an 45 opportunity to advertise while restricting signs that create visual clutter and 46 hazards at public right-of-way intersections; 47 48 (7) Minimize adverse effects on nearby property; and 49 50 (8) Provide for fair and consistent enforcement of the sign regulations set forth herein 51 under the authority of the City. 52 53 Sec. 78-1467. - Findings. 54 55 Findings. The City finds it is necessary for the promotion and preservation of the public 56 health, safety, welfare, and aesthetics of the community to control the construction, location, 57 size, and maintenance of signs. Further the City finds: 58 59 (1) Permanent and temporary signs have a direct impact on and relationship to the 60 image and aesthetic of the community; 61 62 (2) The manner of installation, location, and maintenance of signs affects the public 63 health, safety, welfare, and aesthetics of the community; 64 65 (3) An opportunity for viable identification of community businesses, residences, and 66 institutions must be established; 67 68 (4) The safety of motorists, cyclists, pedestrians, and other users of public streets and 69 property is affected by the number, size, location, and appearance of signs that 70 create a hazard for drivers; 71 72 (5) Installation of signs suspended from, projecting over, or placed on the tops of 73 buildings, walks, or other structures may constitute a hazard during periods of 74 high winds and an obstacle to effective fire -fighting and other emergency service; 75 76 (6) Uncontrolled and unlimited signs and sign types adversely impact the image and 77 aesthetic attractiveness of the community and thereby undermine economic value 78 and growth; 79 80 (7) Uncontrolled and unlimited signs, particularly temporary signs which are 81 commonly located within or adjacent to public right-of-way or are located at 82 driveway/street intersections, result in roadside clutter and obstruction of views of 83 oncoming traffic. This creates a hazard to drivers and pedestrians and also 84 adversely impacts a logical flow of information; 85 86 (8) Commercial signs are generally incompatible with residential uses and should be 87 strictly limited in residential zoning districts; and 88 Page 2 89 (9) The right to express noncommercial opinions in any zoning district must be 90 protected, subject to reasonable restrictions on size, height, location, and number. 91 92 Sec. 78-1468. - Scope of Regulations. 93 94 The sign regulations set forth in this Division shall apply to all structures and land uses. 95 This Division describes the signage standards for the sign districts that overlay the zoning 96 districts of the City. Specific additional regulations are established for signs which are unique in 97 purpose and not easily addressed by district regulations. No person, property owner, or lessee 98 shall place, erect, alter, modify, enhance, or change in any way a sign that does not conform to 99 the requirements of this Division and all other applicable regulations. 100 101 Sec. 78-1469. - Definitions. 102 103 For the purposes of this Division, the following words and terms are defined as follows: 104 105 Auxiliary sign means a sign that provides direction for internal circulation, parking or 106 entry, restrictions on parking, security warnings, or other similar primarily noncommercial signs 107 that are directed at people that are entering, exiting, or on a particular property. Auxiliary signs 108 do not include outdoor advertising signs. 109 110 Banner means any temporary sign of lightweight fabric or similar material mounted to a 111 pole or a building at one (1) or more edges. 112 113 Billboard means see "Outdoor advertising sign." 114 115 Canopy/awning sign means a message or logo on an awning or canopy which is 116 constructed according to the requirements of the building code, is an integral part of the building, 117 and is consistent with the architecture and design of the building. 118 119 Clear vision area means an area within a triangle that is measured along the edge of the 120 driving surface of the road starting at the intersection of two roads and driveways (public or 121 private) and extending thirty (30) feet in each direction from the intersection and then a line 122 connecting these two end points. 123 124 Changeable message sign means a message that is not permanently attached to the sign 125 face but is not a dynamic display. The message is changed manually. 126 127 Commercial message sign means any message which identifies a business or product or 128 promotes the sale of any product or service. 129 130 Dynamic display means any characteristics of a sign that appear to have movement or 131 that appear to change, caused by any method other than physically removing and replacing the 132 sign or its components, whether the apparent movement or change is in the display, the sign 133 structure itself, or any other component of the sign. This includes a display that incorporates a 134 technology or method allowing the sign face to change the image without having to physically or Page 3 135 mechanically replace the sign face or its components. This also includes, but is not limited to, 136 any rotating, revolving, moving, flashing, blinking, projecting, or animated display and any 137 display that incorporates rotating panels, LED lights manipulated through digital input, "digital 138 ink," or any other method or technology that allows the sign face to present a series of images or 139 displays. 140 141 Freestanding sign means a self-supporting sign usually held up by uprights placed in the 142 ground or any other base that is anchored to the ground. 143 144 Grand opening means commencement of operation of a new business. For purposes of 145 the ordinance, a grand opening is considered to occur if there is a business name change or 146 change in type of business or activity. 147 148 Graphic sign means a sculpture attached to or sign painted directly on a wall that is 149 primarily symbolic or representational in nature and not alpha or numeric in content or copy. 150 151 Illuminated sign means any sign, which has characters, letters, figures, designs or outlines 152 which are illuminated by an artificial light source. 153 154 Incidental sign means any sign that is generally not understandable or readable from 155 property other than where the sign is located, such as from adjacent property or a public street, as 156 determined by the City Administrator or their designee. 157 158 Lighting, backlit means an illuminated sign where the light source which illuminates the 159 wall behind individual sign letters is hidden from view. The sign letters are opaque and appear 160 as a silhouette against the lighted surface. 161 162 Lighting, external means the sign is illuminated by means of external light fixtures 163 directed at the sign. 164 165 Lighting, internal means an illuminated sign having the source of illumination located 166 inside a translucent panel and is not directly visible. 167 168 Monument sign means a freestanding sign with its sign face mounted on the ground or 169 mounted on a base at least as wide as the sign and is less than sixteen (16) feet in height. 170 171 On premise sign means a sign whose message is related to the property or the activity 172 and use occurring on the property on which the sign is located. On -premise signs include multi - 173 tenant identification signs that may advertise tenants on different property provided such tenants 174 are within the same approved PUD and parking is shared between properties. 175 176 Outdoor advertising sign means any sign that is located outdoors and that advertises a 177 product, business, service, event, or any other matter that is not available, or does not take place, 178 on the same premises as the sign. Outdoor advertising signs are commonly called billboards. An 179 outdoor advertising sign does not include a sign that is not readily understandable or readable Page 4 180 from property other than where the sign is located, such as from adjacent property or a public 181 street, as determined by the City Administrator or their designee. 182 183 Permanent sign means any sign that is not temporary. 184 185 Pole sign means a freestanding sign that is elevated off the ground by one or more poles. 186 187 Portable sign means a temporary sign with or without copy and graphic that is designed 188 or intended to be moved or transported but not including banner signs. Examples of portable 189 signs include, but are not limited to: A -frame or T -frame signs, sandwich signs; signs designed to 190 be transported by trailer or on wheels; and signs mounted on a vehicle for advertising purposes, 191 except signs identifying a business when the vehicle is being used in the normal day-to-day 192 operation of that business. A sign may be a portable sign even if it has wheels removed, was 193 designed without wheels, or is attached to the ground, a structure, or other sign. 194 195 Projecting sign means a sign, other than a wall sign, that is attached to and projects more 196 than eighteen (18) inches from the building fagade. 197 198 Public sign means a traffic control sign in Minnesota State Statutes; any identification 199 sign installed in a public park by a public authority; and any other identification, regulatory, or 200 warning sign approved by the City Council for installation on public land. 201 202 Re facing means the process of replacing the sign copy, message, logo, or graphic on a 203 sign without altering or moving the structure to which the sign face is attached. 204 205 Roof sign means a sign that is mounted on the roof of a building or on a parapet wall that 206 is above the roof line. 207 208 Rotating sign means a sign or a portion of a sign which moves in a rotating, oscillating or 209 similar manner other than changing signs. 210 211 Service area canopy means an open air roof -like structure that projects from the wall of a 212 building or is freestanding and is for the purpose of shielding equipment and/or people from the 213 elements; is often found covering service or gasoline station islands. 214 215 Sign means any written message, pictorial presentation, number, illustration, decoration, 216 banner or other device that is used to announce, direct attention to, identify, advertise or 217 otherwise make anything known. For purpose of maintenance or removal, the term "sign" shall 218 also include frames and support structures. 219 220 Sign area means the area in square feet of the smallest rectangle, circle, or triangle that 221 contains the sign copy. 222 223 Sign height means the distance measured perpendicular from the highest point of the sign 224 structure to the average grade at the base of the sign. Page 5 225 Temporary sign means a sign designed to be displayed for a limited period of time that is 226 not permanently affixed to the land or to a structure. 227 228 Wall sign means a sign attached to or erected against an exterior wall surface of a 229 building or structure. 230 231 Window sign means a sign mounted inside of a building within the window area that is 232 applied or fastened to the window in a manner that is intended to be viewed from outside the 233 building. 234 235 Sec. 78-1470. - Application Process. 236 237 An application for a sign permit shall be made on the City's permit platform. The 238 applicant shall provide all required information. 239 240 Sec. 78-1471. - Review Process. 241 242 The City Administrator or their designee shall approve or deny the sign permit 243 application in an expedited manner, no more than thirty (30) days from the receipt of the 244 completed application, including applicable fees. All complete permit applications not reviewed 245 within thirty (30) days shall be deemed approved. Applicants shall be notified in writing if the 246 application is denied, including the reasons for denial. 247 248 Sec. 78-1472. - Appeals Process. 249 250 Appeals shall be made as outlined in Sections 78-96 through 78-99 no later than 10 days 251 following the decision. 252 253 Sec. 78-1473. - Fees. 254 255 Sign permit fees and the impoundment fee shall be set by the City Council by ordinance 256 from time to time. 257 258 Sec. 78-1474. - Inspection and Enforcement. 259 260 (1) Inspection authority. All signs shall be subject to inspection by the City 261 Administrator or their designee, who is hereby authorized to enter upon any 262 property or premise to ascertain whether the provisions of this division are being 263 obeyed. Such entrance shall be made during business hours unless an emergency 264 exists. 265 266 (2) Signs in Disrepair. The City Administrator or their designee may order the 267 removal of any sign that is not maintained in accordance with the maintenance 268 provisions of this ordinance. Upon failure to comply with such notice within the 269 time specified in such order, the City Council may declare the sign to be a public Page 6 270 nuisance, impound it, and assess the cost of removal to the sign owner or the sign 271 owner's agent. 272 273 (3) Impoundment of signs on public property or within public right of way. The City 274 Administrator or their designee may, at any time and without notice, impound 275 signs that have been installed on public property, within the public right-of-way, 276 or within a public easement that are in violation of this division. The sign owner 277 or their agent may retrieve an impounded sign subject to the following rules: 278 279 a. Payment of an impoundment release fee. Any subsequent 280 impoundment(s), within one calendar year, for a particular property or 281 sign owner will require payment of double the initial impoundment release 282 fee. 283 284 b. Any impounded sign may be retrieved from the impounded area within 285 three (3) business days of the impoundment or the City Administrator or 286 their designee may dispose of it. The impoundment area can be located by 287 contacting City Hall. Any cost incurred by the City for disposal of an 288 impounded sign may be assessed to the sign owner or the sign owner's 289 agent. 290 291 C. The City shall have no obligation to notify a property owner that it has 292 impounded a sign. 293 294 d. The City shall not be held liable for any damage to an impounded sign. 295 296 Sec. 78-1475. - Exempt Signs. 297 298 All signs shall require an approved sign permit prior to placement except for the signs 299 specifically noted in this Section. Exempted signs shall not reduce the permitted signage for a 300 property. These exemptions shall not relieve the owner of the sign from the responsibility of its 301 maintenance and its compliance with the provisions of this division or any other law or 302 ordinance regulation the same. 303 304 (1) Government signs. All government signs, including but not limited to traffic 305 control and other regulatory purpose signs, street signs, identification signs, 306 informational signs, danger signs, and railroad crossing signs. 307 308 (2) Non-commercial signs in an election year. Signs of any size containing non - 309 commercial speech may be posted in any number beginning 46 days before the 310 state primary in a state general election year until ten (10) days following the 311 general election and thirteen (13) weeks prior to any special election until ten (10) 312 days following the special election provided that the signs are in compliance with 313 Minnesota Statutes. 314 Page 7 315 (3) Address signs. Address identification signs not exceeding four (4) square feet in 316 area for each structure or portion of a structure with an assigned address. Street 317 Signs with moving, swinging, revolving, or rotating parts. identification numbers are required in all sign districts and should be clearly 318 visible from the street. 319 Freestanding pole signs. 352 320 (4) Exempt residential signs. Properties in Sign District 1 shall be allowed up to eight 321 Roof signs. (8) square feet of signage provided that a single sign is no larger than six (6) 322 square feet, the signs are not illuminated, and freestanding signs are at least five 323 Projecting signs. (5) feet from any property line. 324 357 325 (5) Portable signs. Portable A -frame, T -frame, sandwich, or other similar signs that 326 supported in conformance with applicable building or other codes and regulations. do not exceed six (6) square feet in size, are not illuminated, are located within 327 fifteen (15) feet of the primary entrance to a building, and are displayed only 328 during the hours of business operation. No more than two of these signs shall be 329 in place at any given time. 330 331 (6) Incidental signs. Incidental signs or signs within a building provided the sign is 332 not readily visible from the public right-of-way and adjacent properties. 333 334 (7) Window signs. Window signs that are inside of a building shall not require a 335 permit but shall be in accordance with Section 78-1478, Table 1. 336 337 (8) Non-commercial signs. Any sign display or device allowed under this section may 338 contain any otherwise lawful noncommercial message that does not direct 339 attention to a business operated for profit, or to a commodity service for sale, and 340 that complies with the size, height, and lighting requirements of this Division. 341 342 (9) Change of copy. No permit shall be required to change the text of a sign provided 343 the sign structure and face is not otherwise enlarged, modified, enhanced or 344 altered in any way. 345 346 See. 78-1476. - Prohibited Signs. 347 The following signs shall be prohibited in all sign districts: 348 349 (1) Signs with moving, swinging, revolving, or rotating parts. 350 351 (2) Freestanding pole signs. 352 353 (3) Roof signs. 354 355 (4) Projecting signs. 356 357 (5) Noncompliant signs. Any sign not constructed, wired, assembled, attached, or 358 supported in conformance with applicable building or other codes and regulations. Page 8 359 360 (6) Signs in the right-of-way. Signs in the public right-of-way except as provided for, 361 by Minnesota Statutes, or allowed by the agency regulating the right-of-way. 362 363 (7) Signs attached to public utility poles, trees, street signs, stoplights, or fences. 364 365 (8) Permanent outdoor advertising signs, including billboards. 366 367 (9) Portable signs. Portable signs shall be prohibited, except for portable A -frame, T- 368 frame, sandwich, or other similar signs that do not exceed six (6) square feet in 369 size. 370 371 (10) Signs in the clear vision area. 372 373 (11) Signs imitating traffic control signs. Signs that are designed to resemble official 374 traffic signs except signs which are used to control traffic on private property. 375 (12) Any sign, sign type, sign lighting, or sign technology not specifically listed as 376 permitted in this Division shall be prohibited. 377 378 Sec. 78-1477. - Regulation by Sign District. 379 380 For the purpose of regulating signs, the following sign districts are adopted: 381 District Description 1 All residential properties zoned R-1 A, R-1 B, LR -1 A, LR -1 B, LR -1 C, LR -1 C-1, RR -1 A, RR -1 B, RR -113- 1, RS, PRD, RPUD 2 M-6, All nonresidential uses located in a residential district 3 B-1, B-2, B-4, B-5, B-6 4 B-3 5 I, PID 382 383 Sec. 78-1478. - Permitted Sign Type, Area, Height, and Illumination by Sign District 384 385 All signs shall conform to the applicable standards in Table 1: Sign Standards by Sign 386 District. The following provisions shall also apply: 387 388 (1) Wall Sign. Wall signs shall not extend more than eighteen (18) inches from the 389 wall they are attached to. 390 391 (2) Monument Signs. 392 393 a. No more than one monument sign shall be permitted on any site except in 394 cases where properties front more than one public street. For properties 395 that front more than one public street, one additional monument sign may 396 be permitted provided that the additional monument sign does not exceed Page 9 397 half the size of the maximum sign area allowed for a monument sign in the 398 underlying district. 399 400 b. The sign area of a monument sign shall only be calculated using one side 401 of the sign. If the two sides are different sizes, the larger side shall be used 402 for determining sign area. 403 404 C. Monument signs shall be located at least five (5) feet from any property 405 line and shall not project over the property line. Clear vision shall be 406 maintained from all streets and driveways. 407 408 d. The total area of a monument sign shall not exceed 1.5 times the permitted 409 sign copy area of a monument sign. The total sign area includes all sign 410 copy, graphics, and structure. 411 412 (3) Service Area Canopy. Each edge of a service area canopy facing a street is 413 permitted twenty-five (25) square feet of sign area in addition to all other sign 414 area permitted on the site. Such signage may be illuminated externally, internally, 415 or backlit, but no other part of the face of the canopy shall be illuminated. 416 417 (4) Awnings and Canopies. No part of an awning or sun canopy shall be less than 418 eight (8) feet or greater than twelve (12) feet above grade. Any sign area on the 419 awning, if illuminated, will be deducted from the permitted sign area. The fabric 420 or material used for the awning or canopy must be opaque and no internal 421 illumination is permitted. 422 423 (5) Adult Use Signs. In addition to this Division, all adult use oriented signs shall 424 comply with the sign requirements in the Sexually Oriented Business Ordinance. 425 426 Page 10 Table 1 78-1477 Table 1: Sign Standards by Sign District Sign Type District 1 District 2 District 3 District 4 District 5 Total Sign area on a parcel shall be in proportion to the lot frontage on a street, 5% of described by the ratio: 1 1:1 1:1 1:1 1:2.5 building foot of street frontage to X fagade feet of sign area, unless otherwise noted WALL Maximum sign copy area — 6 sf 20 sf 60 sf 100 sf 45 sf single sign Max Height wall height wall height wall height wall height wall height Lighting (a) E/I/B E/I/B E/UB E/I/B permitted FREESTANDING Type (b) M M M M M Total sign copy area 6 sf 32 sf 45 sf 45 sf 25 sf Max Height 8 ft. 8 ft. 12 ft. 20 ft. 8 ft. Lighting Witted E/I/B E/I/B E/IB E/I/B per GRAPHIC Total sign area 8 sf 20 sf 60 sf 60 sf 45 sf Max Height wall height wall height wall height wall height wall height Lighting E/I/B E/I/B E/IB E/I/B permitted WINDOW 35% of 35% of 35% of window window window Maximum coverage area Not Not area, nottoarea, nottoarea, notto permitted permitted exceed 5% exceed 5% exceed 5% of building of building of building facade facade facade AUXILIARY Max sign copy area per sign 8 sf 8 sf 8 sf 8 sf 8 sf Wall Height 4 ft. 6 ft. 6 ft. 8 ft. permitted Freestanding Height 4 ft. 4 tt. 6 ft. 6 ft. 8 ft. (a) E = external, I = internal, B = backlit (b) M = monument, P = pole (c) Single pole support only. Page 11 427 Sec. 78-1479. - Changeable Message Sign. 428 429 No more than thirty-five (35) percent of the actual sign area of a permitted sign in a non- 430 residential district shall be capable of displaying changing messages. The remainder of the sign 431 area shall not have the capability to change messages even if not used. 432 433 434 Sec. 78-1480. - Allocation of Permanent Signs on Multi-Tenant Development Sites. 435 436 In multi-tenant buildings or sites, the permitted sign area and sign types, except for 437 freestanding signs, may be installed by each individual business establishment that has exclusive 438 use of some portion of the street or otherwise primary level of the building and direct access to 439 the outside. Tenants located on the street or otherwise primary level in a center with a common 440 mall or atrium shall be considered to have direct access to the outside for the purpose of this 441 section. The management and ownership of any business establishment proposing to install 442 signage must be separate and distinct from the management and ownership of any other 443 establishment in the same building or on the same building lot. 444 445 (1) Multi-tenant buildings and properties sign allocation. Signage for establishments 446 occupying a multi-tenant building or site but not located on the street or primary 447 level of the building must be provided from the allocation of sign area and type to 448 the occupants of the street or primary level of the building as determined by the 449 property owner. 450 451 (2) Freestanding signs on multi-tenant buildings and properties. For freestanding 452 signs, a multi-tenant parcel shall be considered one parcel and freestanding signs 453 shall be permitted in accordance with Section 78-1478 Table 1. In the case of 454 multiple tenant sites, the permitted freestanding sign area shall be allocated by the 455 property owner among its tenants. 456 457 Sec. 78-1481. - Temporary On-premise Signs. 458 459 All temporary signs shall require an approved sign permit prior to placing the sign and 460 shall conform to the following: 461 462 (1) Temporary sign permit length. Temporary signs, including portable signs, 463 streamers, pennants, banners, inflatables, or other similar objects with a 464 commercial message may be displayed on (4) occasions per calendar year with a 465 maximum of ten (10) days for each occasion. The four (4) occasions may be used 466 consecutively with one permit. Temporary sign permits are nontransferable to 467 other properties or establishments on the same property. 468 469 (2) Single occupant parcels. 470 471 a. No more than one permitted temporary sign shall be permitted at any 472 given time. The area of the temporary signage shall not exceed one half of Page 12 473 the permitted sign area as allowed in Section 78-1478 Table 1 for a 474 particular sign type in the underlying sign district. 475 476 b. Freestanding temporary signs shall only be permitted in districts where 477 freestanding signs are permitted as allowed in Section 78-1478 Table 1. 478 479 (3) Multi -tenant parcels. 480 481 a. Each individual business establishment that has exclusive use of some 482 portion of the street or otherwise primary level of the building and direct 483 access to the outside qualifies for the temporary signs permitted in Section 484 78-1481 (1). Sign permits shall not be transferrable to other business 485 establishments. 486 487 b. Temporary wall signage may be permitted for each individual business 488 establishment that has exclusive use of some portion of the street or 489 otherwise primary level of the building and direct access to the outside. 490 The total temporary wall sign area for each tenant shall not exceed one 491 half of the permitted permanent wall sign area as allowed in Section 78- 492 1478 Table 1. Each business shall not have more than one wall or 493 freestanding temporary sign at a time. 494 495 C. One temporary freestanding sign may be permitted for each individual 496 business establishment that has exclusive use of some portion of the street 497 or otherwise primary level of the building and direct access to the outside. 498 The total area of all temporary freestanding signage for the parcel shall not 499 exceed one half of the permitted area of permanent freestanding signage Soo for the parcel as allowed in Section 78-1478 Table 1. The total permitted 501 temporary freestanding sign area shall be allocated by the property owner 502 or their designee among its tenants. 503 504 (4) Grand openings. New businesses with grand openings are eligible for one 505 additional temporary sign permit of any type permitted in the underlying sign 506 district with an approved permit. The sign may be in place for up to thirty (30) 507 days provided all other requirements in this section are met and the required 508 permits are obtained. This eligibility shall expire six months after the business 509 opens. 510 511 (5) Lease or vacant space. Buildings or parcels for sale or lease, or those with space 512 for sale or lease may obtain a temporary sign permit for one temporary wall or 513 monument sign that does not expire until seven (7) days after the building or 514 parcel is leased or sold. A wall sign shall not exceed thirty-two (32) square feet in 515 size and shall be used in place of a permanent wall sign. A freestanding sign shall 516 not exceed thirty-two (32) square feet in size All other provisions in this Section 517 78-1481 shall apply. 518 Page 13 519 (6) Residential, commercial, industrial developments. For the purpose of selling or 520 promoting a residential project of six or more dwelling units one sign not to 521 exceed 48 square feet; a commercial area three acres or more, or an industrial area 522 of ten acres or more, one sign not to exceed 96 feet of advertising surface may be 523 erected upon the project site. Such sign shall not remain after 90 percent of the 524 project is developed. 525 526 (7) Temporary sign height. A temporary sign shall not exceed the height limits listed 527 in Section 78-1478 Table 1 for a permanent sign of a particular sign type in a 528 given district, including inflatable signs and balloons. 529 530 (8) Sign installation. A temporary sign shall be secured and well -constructed so as 531 not to create a hazard to pedestrians or vehicles. 532 533 (9) Illumination. A temporary sign shall not be illuminated. 534 535 (10) Location. The permitted location of all temporary signs is subject to change as 536 determined by the City Administrator or their designee in order to protect the 537 public health, safety, welfare, and aesthetics. 538 539 Sec. 78-1482. — Sign Standard Adjustments. 540 541 Adjustments to the requirements and standards for the height, number, type, lighting, 542 area, and/or location of a sign or signs established by this division may be approved with a Site 543 Plan Review or Planned Unit Development process as described in Chapter 78, Article Il, 544 Division 4 and Chapter 78, Article VI of the Zoning Code. In order to approve any sign standard 545 adjustment, the following criteria of (1) or (2) shall be satisfied of this Section, and the necessary 546 criteria of (3) shall be satisfied: 547 548 (1) There are site conditions that require a sign adjustment to allow the sign to be 549 reasonably visible from a street immediately adjacent to the site. 550 551 (2) The sign adjustment will allow a sign of exceptional design or style that will 552 enhance the area or that is more consistent with the architecture and design of the 553 site. 554 555 (3) The sign adjustment will not result in a sign that is inconsistent with the purpose 556 of the zoning district in which the property is located or the current land use. 557 558 Sec. 78-1483. — Maintenance and Repair. 559 560 All signs shall be kept in good repair and free from peeling paint, rust, damaged or rotted 561 support, framework or other material, broken or missing faces or missing letters. Any structure 562 from which a sign has been moved or removed shall be repaired with materials and/or painted or 563 stained to match the existing background. 564 Page 14 565 (1) Sign permit not required. Activities considered normal maintenance and repair 566 and not requiring a sign or building permit shall include activities such as 567 replacing or repairing lamps, ballasts, transformers, trim, sign fasteners, nuts, or 568 washers; painting the pole of freestanding signs; and painting the cabinet of 569 freestanding signs or building signs. 570 571 (2) Sign permit required. For any sign that required a permit, the following activities 572 shall not be considered normal maintenance and repair and a permit shall be 573 required: 574 575 (1) 576 599 577 a. Removing the sign for the repair of the cabinet or any part thereof. 578 579 b. Changes made to a sign's size or illumination, including, but not limited 580 to, height, width, weight, area, adding or removing illumination. 581 (2) 582 C. Changes in poles, structural supports, bases or shrouds, footings, or anchor 583 bolts, moving the sign to a new location, or replacement of the interior or 584 exterior cabinet frame, except the sign face. 585 586 (3) Building permit. A building permit may be required for any signs involving the 587 construction of or changes to a sign structure and/or electrical connections as 588 determined by the Building Official. 589 590 Sec. 78-1484. - Nonconforming Signs. 591 592 It is the intent of this Division that nonconforming signs shall not be enlarged or 593 expanded, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same 594 district. It is further the intent of this Division to permit legal nonconforming signs to remain 595 provided that such signs are safe, maintained so as not be unsightly, and have not been 596 abandoned or removed subject to the following provisions: 597 598 (1) Nonconforming sign continuance. A legal nonconforming sign may be continued 599 through repair, replacement, restoration, maintenance, or improvement but shall 600 not be expanded or moved to a new location. 601 602 (2) Nonconforming sign discontinuance. If the use of the nonconforming sign or sign 603 structure is discontinued for a period of one (1) year, the sign or sign structure 604 shall not be reconstructed or used except in conformity with the provisions of this 605 Division. 606 607 (3) Nonconforming sign damaged or destroyed. Should a nonconforming sign or sign 608 structure be damaged or destroyed by any means to an extent greater than fifty 609 (50) percent of its market value and all required permits for its reconstruction 610 have not been applied for within one -hundred eight (180) days of when the sign or Page 15 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 sign structure was damaged, it shall not be reconstructed or used except in conformity with the provisions of this Division. (4) Sign regulation conformance. Should a nonconforming sign or sign structure be permanently moved for any reason for any distance, it shall thereafter conform to the regulations for the sign district in which it is located after it is moved. (5) Loss of nonconforming land use. An existing sign devoted to a use not permitted by Chapter 78, Article IV of the Zoning Ordinance, in the zoning district in which it is located shall not be enlarged, expanded, or moved except in changing the sign to a sign permitted in the sign district in which it is located. (6) Loss of nonconforming status. When a building or use loses its nonconforming status, all signs devoted to the structure or use shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure. Sec. 78-1485. - Severability. If any section, subsection, sentence, clause or phrase of this division 4 is for any reason held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Division 4. The City Council hereby declares that it would have adopted this Division 4 in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 2. Orono City Code Section 78-832 is repealed in its entirety and replaced with the following language: Sec. 78-832. - Signage. (a) General provisions. All signs shall conform to the sign standards of City Code Title VI, Chapter 78, Article X, Division 4. SECTION 3. EFFECTIVE DATE: This ordinance shall take effect , 2018 after its passage and publication. ADOPTED this day of , 2018 on a vote of _ ayes and nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2018. Page 16