HomeMy WebLinkAbout2016 - 01161 - escrow tied to land use #16-3871 CITY OF ORONO 11 1 1 111111 1 11 11111111111 II
161 *
,. 2750 KELLEY PARKWAY DATE ISSUED: 09/21/2016
ORONO,MN 55356-
(952)249-4600 FAX: (952) 249-4616
ADDRESS : 1175 WILLOWBROOK DR
PIN : 26-118-23-41-0004
LEGAL DESC : WILLOWBROOK
: LOT 002 BLOCK 001
PERMIT TYPE : ESCROW FEE-APPLICANT
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : ESCROW FEE-APPLICANT
NOTE: THIS$2500 ESCROW IS TIED TO ZONING APPLICATION 16-3871
APPLICANT ESCROW FEE-APPLICANT 2,500.00
TOTAL 2,500.00
SETNICKER,MIKE&MOLLY Payment(s)
1175 WILLOWBROOK DR CHECK 3296 2,500.00
WAYZATA,MN 55391-
OWNER
SETNICKER,MIKE&MOLLY
1175 WILLOWBROOK DR
WAYZATA,MN 55391-
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed according to
the approved plans and specifications,applicable City approvals,and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires separate
permits. All provisions of laws and ordinances governing this type of work
shall be compied with whether or not specified herein.This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuance,or if construction is
suspended for a period of 180 days at any time after work has commenced.
The applicant is responsible for assuring all required inspections are
requested in conformance with the State Building Code.This permit may be
revoked at any time for due cause.
Applicant Permitee Signature Date Issued By Signature Date
LAND USE APPLICATION ESCROW AGREEMENT
Application# /co - 3 8'7/
AGREEMENT made this v2/ day of20 /Jo , by and between the CITY OF ORONO,
a Minnesota municipal corporation ("City")and /j/L j LS en
[a corporation—optional] ("Owners").
Recitals
1. Owners av filed Zo ing Application# /(p - 3 '7/ formally requesting the City to
review plans for a C located at the property
addressed: //7S LiJi//ouij/1 ✓`e— (the "Subject Property")
legally described as LDfo? I /1J1//ouJbrte Ie-
2. Owners request the City to review said plans which requires City approval and may require
consulting legal and/or engineering review.
3. The City is willing to commence its review of the application and incur costs associated with said
review only if the Owners establish an escrow to ensure reimbursement to the City of its costs.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. DEPOSIT OF ESCROW FUND Contemporaneously with the execution of this Escrow
Agreement, the Owners shall deposit$A5-00, with the City. All accrued interest, if any, shall be paid to the
City to reimburse the City for its cost in administering the escrow account.
2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City
for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will
incur in meeting with the Owners reviewing the plans, and preparing agenda packet material for City Council review
of application # /,(� - ',S& 7 f! . Eligible expenses shall be consistent with expenses the Owners would
be responsible for under a land use application.
3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn
send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners'receipt
of bill.
4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make
payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all
expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the
Owners to reimburse the City for eligible expenses the City has incurred.
5. CLOSING ESCROW. The Balance on deposit in the escrow,if any,shall be returned to the Owners
when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement
two times per year to determine whether the requirements of the project have been successfully completed and
whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall
be released upon City Staff receiving the appropriate verification that all requirements of the project have been
successfully completed.
6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses
incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the
subject property pursuant to Minn. Stat. §§415.01 and 366.012.
CITY: CI Y OF •RONO OWNERS:
By: By: �,1«11"
Its: Its:
Internal Use Only: 0 Original to Finance Department 0 Copy to Zoning File 0 Copy to Street File
Variance Application—May 2016
Page 6
gOAO RESIDENTIAL
ACCESSORY BUILDINGS
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PERMIT
A permit is required for all accessory structures. An application packet may be obtained on the City's website
(www.ci.orono.mn.us) or at the City offices.
DESIGN istc'
Accessory structures 120 square feet or larger located on lots of less than 2 acres must be consistent in design
and color with the principal structure (house). Garages located within the rear yard on lots that have frontage
on a lake must have windows or other ornamental, architectural features on the wall facing the street or private
road.
SIZE /\q/ D
AP
Maximum Individual Accessory Maximum Allowed Total Footprint
Lot Area Building Footprint of All Accessory Buildings
on a Property*
0.00--1.99 acres 1,000 square feet 2,000 square feet
2.00--3.00 acres 1,200 square feet 2,400 square feet
3.01--3.50 acres 1,400 square feet 2,800 square feet
3.51--4.00 acres 1,600 square feet 3,200 square feet
4.01--4.50 acres 1,800 square feet 3,600 square feet
4.51--5.00 acres 2,000 square feet 4,000 square feet
5.01--6.00 acres 2,200 square feet 4,400 square feet
6.01--7.00 acres 2,400 square feet 4,800 square feet
7.01--8.00 acres 2,600 square feet 5,200 square feet
8.01--9.00 acres 2,800 square feet 5,600 square feet
9.01 or more 3,000 square feet 6,000 square feet
*Only one accessory building may exceed 1,000 square feet.
NUMBER
Absent any other zoning requirements there is no limit on the number of accessory buildings per property.
STRUCTURAL COVERAGE/MASSING
Properties less than 2 acres in size are subject to a 15 percent structural coverage limitation. (See the
Structural Coverage information sheet.)
HARDCOVER
Properties located in Tier 1 though Tier 5 within the Stormwater Quality Overlay District are subject to
hardcover regulations. These are typically properties within 1,000 feet of lakes or 300 feet of certain creeks.
(See the Hardcover information sheet.)
Reference: City Code Sections 78-1279, 78-1288, 78-1404. 78- This is an information sheet.Every effort has been made to
1405, 78-1435 through 1438 insure the accuracy of the information contained herein;
however,if any information is not consistent with provisions of
January 2013 the City Code, the Code provisions will prevail.
Page 1 of 4
WELLS&SEPTIC SYSTEMS
An accessory building must be at least 3 feet (including overhangs) from a well; 20 feet from the drainfield and
10 feet from other parts of the septic system.
LOCATION
An accessory building must be at least 10 feet from the house (including a deck or overhang) and 10 feet from
any other structure. It may not be placed in a drainage, utility or similar easement.
Non-lakeshore lots:
An accessory building may not be placed closer to the street than the house. On a corner lot this requirement
applies to the narrower street frontage regardless of which frontage the front of the house faces or the address
of the house; principal building setbacks may be required. Special setbacks and approval apply to a "through
lot" (a lot with a street to both the front and back.) Contact the Planning and Zoning Department for more
information.
Setbacks for an accessory building of less than 750 square feet \001
Zoning District Interior Side Street Side* Garage- Other-
Rear Rear
R-1A 10' 35' 10' 5'
R-1B 10' 15'** 10' 5'
LR-1A 10' 50' 10' 5'
LR-1B 10' 35' 10' 5'
LR-1C or LR-1C-1 10' 15'** 10' 5'
RR-1A 10' 100' 10' 5'
RR-1B 10' 50' 10' 5'
Setbacks for an accessory building of 750 to 1,000 square feet
Zoning District Interior Side Street Side* Rear
R-1A 15' 35' 15'
R-1B 15' 15'** 15'
LR-1A 15' 50' 15'
LR-1B 15' 35' 15'
LR-1C or LR-1C-1 15' 15'** 15'
RR-1A 15' 100' 15'
RR-1B 15' 50' 15'
Setbacks for an accessory building of more than 1,000 square feet
Zoning District Interior Side Street Side* Rear
R-1A 30' 35' 15'
R-1B 30' 30' 15'
LR-1A 30' 50' 50'
LR-1B 30' 35' 30
LR-1C or LR-1C-1 30' 30' 30'
RR-1A 50' 100' 100'
RR-1B 30' 50' 50'
*This setback applies to unimproved street right-of-ways as well as to improved streets.**Must be 30 feet if a detached garage with overhead door
facing the street side.
Reference: City Code Sections 78-1279, 78-1288, 78-1404. 78- This is an information sheet. Every effort has been made to
1405, 78-1435 through 1438 insure the accuracy of the information contained herein;
however, if any information is not consistent with provisions of
January 2013 the City Code, the Code provisions will prevail.
Page 2 of 4
Orono, MN Code of Ordinances Page 1 of 2
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:
Setbacks
Sewage
Public Water Structure Treatment
Classification Unsewered Sewered System
NE 150 150 150
RD 100 75 75
GD 75 75 75
Tributary 100 75 75
(2) Additional structure setbacks.The following additional structure setbacks apply, regardless of the classification of the
water body:
Setback from: Setback
(in feet)
Top of bluff 30
Unplatted cemetery 50
Right-of-way line of federal, state or county highway and local public 30*
and private roads
* Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject
to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts.
(3) Bluff impact zones. Structures and accessory facilities,except stairways,landings and lock boxes, must not be placed
within bluff impact zones.
(4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without
public waters frontage,or, if located on lots or parcels with public waters frontage,must either be set back double
the normal ordinary high water level setback or be substantially screened from view from the water by vegetation
or topography,assuming summer, leaf-on conditions.
(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 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 structures less than 42 inches above existing grade,stairways, lifts, landings,
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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.
(Ord. No. 101 2nd series,§ 1(10.56(16)(C)),2-24-1992;Ord. No. 11 3rd series,§ 1, 5-24-2004;Ord. No. 106 3rd series,§28,
6-10-2013;Ord. No. 157 3rd series,§ 1,8-10-2015)
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Sec. 78-1211. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning. Unless
specifically defined in this section, words or phrases used in this article shall be interpreted as defined
elsewhere in this chapter. All distances, unless otherwise specified, shall be measured horizontally.
Animal feedlot means a lot or building or combination of lots and buildings intended for the
confined feeding, breeding, raising or holding of animals and specifically designed as a confinement
area in which manure may accumulate, or where the concentration of animals is such that a vegetative
cover cannot be maintained within the enclosure. For purposes of this Code, open lots used for the
feeding and rearing of poultry(poultry ranges) shall be considered as animal feedlots. Pastures shall
not be considered as animal feedlots when the area enclosed as pasture is equal to or greater than 1.0
acre per animal unit.
Bluff means a topographic feature, such as a hill, cliff or embankment, having the following
characteristics (An area with an average slope of less than 18 percent over a distance of 50 feet or
more shall not be considered part of the bluff):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the water body;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary
high water level averages 30 percent or greater; and
(4) The slope must drain toward the water body.
Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.
Bluff, toe of the, means the lower point of the lowest 50-foot segment with an average slope
exceeding 18 percent. If the lowest such point is lakeward of the OHWL, the OHWL will be defined as
the toe.
Bluff, top of the, means that point on the cross section of a bluff below which the slope becomes
more than 18 percent and above which the average slope for a distance of 50 feet or more is 18
percent or less.
Commercial use means the principal use of the land and/or buildings for the sale, lease, rental or
trade of products, goods and services.
Deck means a horizontal, unenclosed platform with or without attached railings, seats, trellises or
other features, attached or functionally related to a principal use or site.
Duplex, triplex and quad mean a dwelling structure on a single lot, having two, three and four units,
respectively, being attached by common walls and each unit equipped with separate sleeping, cooking,
eating, living and sanitation facilities.
Dwelling site means a designated location where a dwelling unit is intended to be constructed.
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Dwelling site, transient, means a designated location for temporary or transient residential use by
one or more persons using temporary or movable shelter, including camping and recreational vehicle
sites.
Dwelling unit means a building or a portion of a building designed or intended to be occupied
exclusively for residential purposes, including provisions for sleeping, eating, cooking and sanitation for
not more than one family, but not including rooms in motels, hotels, nursing homes, boardinghouses,
nor trailers, tents, cabins, recreational vehicles, nor lodging rooms.
Extractive use means the use of land for surface or subsurface removal of sand, gravel, rock,
industrial minerals, other nonmetallic minerals, and peat not regulated under Minn. Stat. §§
93.44-93.51.
Forest land conversion means the clear cutting of forested lands to prepare for a new land use
other than reestablishment of a subsequent forest stand.
Industrial use means the use of land or buildings for the production, manufacture, warehousing,
storage or transfer of goods, products, commodities or other wholesale items.
Intensive vegetation clearing means the complete removal of trees or shrubs in a contiguous patch,
strip, row or block.
Ordinary high water level(OHWL) means the boundary of public waters and wetlands, and shall be
an elevation delineating the highest water level which has been maintained for a sufficient period of
time to leave evidence upon the landscape, commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water
level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary
high water level is the operating elevation of the normal summer pool. The designated OHWL has been
determined by the state department of natural resources for certain water bodies as shown in section
78-1217.
Planned unit development(PUD) means a type of development characterized by a unified site design
for a number of residential dwelling units or nonresidential sites on a parcel, whether for sale, rent or
lease, often involving clustering of units or sites to provide areas of common open space or a mixture
of structure types and land uses.Two types of PUD are provided for in this chapter:
(1) Planned residential development(PRD), in which the nature of allowed uses is nontransient
residential, including attached and detached single-family or multiple-family dwellings, subject
to the limitations provided for in each zoning district.
(2) Planned unit development(PUD), Highway 12 Corridor, in which the nature of allowed uses may
include residential, commercial, institutional, public and semipublic uses as set forth in the
city's comprehensive plan amendment No. 2, and it is limited to areas within the Highway 12
Corridor as defined in that amendment.The Highway 12 PUD offers a mixture of land uses,
housing types and densities.
Note: No properties which could be developed via the Highway 12 PUD are within the
Shoreland Overlay District.
Public use means the use of land by the general public or by a public agency on behalf of the
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general public, for any purpose.
Public waters means any waters as defined in Minn. Stat. § 103G.005, subds. 15 and 16.
Semipublic use means the use of land by a private, nonprofit organization to provide a public
service that is ordinarily open to some persons outside their regular constituency of the organization.
Sensitive resource management means the preservation and management of areas unsuitable for
development in their natural state due to constraints such as shallow soils over groundwater or
bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora
or fauna in need of special protection.
Sewage treatment system means septic tanks and a soil absorption system or other type of on-site
sewage treatment system as described in chapter 58, article II, of this Code.
Sewerage system means pipelines or conduits, pumping stations and force main, and all other
construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or
other wastes to a point of ultimate disposal.
Shore impact zone means land located between the ordinary high water level of a public water and
a line parallel to it at a setback of 50 percent of the structure setback.
Shore setback zone means land located between the ordinary high water level of a public water and
a line parallel to it at the structure setback.
Shoreland means land located within 1,000 feet from the ordinary high water level of a lake, pond
or flowage and 300 feet from a river or stream, or the landward extent of a floodplain designated by
ordinance on a river or stream,whichever is greater. Where topographic divides occur at lesser
distances from the involved water, the limits of shoreland have been modified per the official map
entitled "Shoreland Overlay District," on file at the city offices.
Significant historic site means any archaeological site, standing structure or other property that
meets the criteria for eligibility to the National Register of Historic Places or is listed in the state register
of historic sites, or is determined to be an unplatted cemetery that falls under the provisions of Minn.
Stat. § 307.08. An historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the state archaeologist or the director
of the state historical society.All unplatted cemeteries are automatically considered to be significant
historic sites.
Steep slope means lands having average slopes of 12 percent or greater as measured over
horizontal distances of 50 feet or more, that are not bluffs.
Surface water-oriented commercial use means the use of land for commercial purposes, where
access to and use of a surface water feature is an integral part of the normal conductance of business.
Variance means the same as that term is defined or described in Minn. Stat. ch. 462.
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Water-oriented accessory structure or facility means a small, aboveground building or other
improvement, except stairways,fences, docks and retaining walls, which, because of the relationship of
its use to a surface water feature, reasonably needs to be located closer to public waters than the
normal structure setback. Examples of such structures and facilities include boathouses, gazebos,
screen houses,fish houses, pump houses, lock boxes, and detached decks.
Wetlands shall have the same meaning as the "protected wetlands" defined in section 78-1602.
(Ord. No. 101 2nd series, § 1(10.56(3)), 2-24-1992; Ord. No. 126 2nd series, § 1, 4-25-1994; Ord. No. 127
2nd series, §§ 2-4, 7-11-1994; Ord. No. 28 3rd series, § 16, 8-22-2005; Ord. No. 59 3rd series, § 1, 5-11-
2009; Ord. No. 94 3rd series, § 5, 9-24-2012; Ord. No. 130 3rd series, § 1, 1-26-2015)
Cross reference— Definitions generally, § 1-2.
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