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HomeMy WebLinkAboutProperty Information 825 Willow Drive South - Property Information 11/1/2012 PINS 10-117-23 22 0001 1. Gross lot area per Hennepin County Tax Information is 35,657 s.f. (0.82 acre) 2. Buildable lot area is unknown; City maps indicate that a portion of the property may be a "Preserve" Classification wetland. No wetland delineation has been provided to the City. The area that is determined to be wetland does not count as buildable area. 3. A"Preserve" wetland requires a 50' buffer and a 20' structural setback from the buffer. 4. Property is zoned RR-1B, Single Family Rural Residential District,requiring a minimum lot area of 2.0 acres, minimum lot width of 200' and setbacks as follows: 50' Front 50' Rear 30' Sides 5. No Certificate of Survey is on file with the City; based on the metes and bounds legal description, the lot is approximately 235' in width and ranges in depth from approximately 124' to 177'. 6. Based on available aerial photos, the existing residence structure on the property is located nearer the south lot line than the 30' side setback requirement; and nearer the west lot line than the 50' rear setback requirement. It's setback relationship to wetlands is unknown. 7. The existing residence is connected to municipal sewer. Municipal water is not available. 8. The City has received anecdotal evidence that the relatively flat portion of the property north of the driveway was once used as landfill. 9. The property is within the Shoreland Overlay District. 10. The property is in Hardcover Tier 3 allowing maximum hardcover of 35%. 9. Reconstruction of the existing residence is subject to Orono Zoning Code Sections 78-71, 78-72 and 78-1252 regarding Nonconformities and Lots of Record. `h Orono O� Parks Recreati... Golf Co... Conserv... 30 Comme... School ... Future ... ❑Park/Op... Lakes ❑ City Border M ti 3v 1-77 t N SCALE 1 : 720 50 0 50 100 150 FEET /'1 EGD fAe,WV,'5- U)prW N -,I /U V(Tc6t 2,,1 (/IV YK� Pxt c 4-70k) http://www.stantecportal.net/infraseek_asp/Orono/mwf/Zoning.mwf Wednesday, September 26, 2012 9:28 AM Hennepin County GIS - Printable Map Page 1 of 1 Interact die Property - Map. M a p s z a 1 r O� O �o Parcel 10-117-23-22-0001 A-T-B: Abstract Map Scale: 1"=200 ft. N ID: Print Date: 9/26/2012 Owner Phyllis Fadden Market $278,000 Name: Total: Parcel 825 Willow Dr S Tax $2,921.58 Address: Orono, MN 55391 Total: (Payable: 2012) Property Residential Sale Type: Price: This map is a compilation of data from various sources and is furnished"AS IS"with no Home- Sale representation or warranty expressed or stead: Homestead Date: implied,including fitness of any particular purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 0.82 acres Sale Area: 35,657 sq ft Code: COPYRIGHT©HENNEPIN COUNTY 2012 A Think Green! http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=454299.86685 80898,4979077.... 9/26/2012 DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 1 of 6 Orono, Minnesota, Code of Ordinances >>Title VI -LAND USE >> Chapter 78-ZONING REGULATIONS >>ARTICLE II.-ADMINISTRATION AND ENFORCEMENT>> DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS >> DIVISION 2. - NONCONFORMING USES AND RELATED MATTERS 2� Sec. 78-71.-Nonconforming structures and uses. Sec. 78-72.-Lots of record. Sec. 78-73.-Separation limited. Sec. 78-74.-Farming. Secs.78-75-78-95.-Reserved. Sec. 78-71. - Nonconforming structures and uses. (a) General provisions. (1) Purpose. It is the purpose of this section to regulate nonconforming structures and uses, and to specify those requirements, circumstances and conditions under which nonconforming structures and uses will be operated and maintained. The Zoning Code establishes zoning districts and specific uses which are permitted within each district. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. (2) Effective date. Any structure or use lawfully existing upon the effective date of this section shall not be, enlarged, expanded, extended, or altered in any manner which increases its nonconformity, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended. Any land or buildings which were actually and legally devoted to a nonconforming use on January 1, 1975, and which were thereafter specifically allowed to continue said nonconforming use under the terms of a conditional use permit issued by the city council, shall be allowed to continue under the terms of said conditional use permit. (3) Safety repairs. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building official. (b) Nonconforming uses. (1) Change to conforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. (2) Change to new nonconforming use. An existing nonconforming use may not be changed to another nonconforming use. (3) Relocation of nonconforming use. a• No nonconforming use shall be moved to another lot or to any other part of the parcel of land upon which the same was conducted at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of this section. b• Nonconforming non-structural hardcover may be relocated, including full replacement, to any other part of the parcel of land upon which the same was conducted at the time of this section's adoption, provided that: http://library.municode.com/HTML/13094/level4/TITVILAUS_CH78ZORE ARTIIADE... 11/1/2012 DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 2 of 6 1. The hardcover is nonconforming only by reason of the percentage of land devoted to the use or the square footage of the use. 2. The relocation does not physically enlarge the size of the nonconforming use. 3. The relocation does not substantially change the character of the nonconforming use. 4. The relocation does not create a new nonconformity with respect to size or placement by relocating to a different hardcover zone as such zones are defined in section 78-1288 5. The relocation complies with all applicable setback requirements for the district in which it is located. 6. No relocation, in whole or part, is made within 75 feet of the ordinary high water level of any lake or tributary. (4) Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land may be changed to decrease the nonconformity of use. Once the nonconforming use of such structure or parcel of land has been so changed, said use shall not thereafter be altered to so as to increase the nonconformity from its decreased state. (5) Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the Zoning Code. (6) Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including incidental alterations which do not physically extend or intensify the nonconforming use. (7) Alterations to lawful nonconforming units. Alterations may be made to a conforming building containing lawful nonconforming units, provided they will not increase the number of units or the nonconformity. (8) Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged. However, a lawful nonconforming gun club may apply to the city council to modify its hours of operation or to expand its operations within the existing defined parameters of the property. (c) Nonconforming structures. (1) Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the provisions of the Zoning Code. (2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a lawful nonconforming structure. Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood, explosion, earthquake, war, riot, or act of God,to any extent then such structure may be restored only if a building permit is applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure shall be built in full compliance and accordance with the provisions of the Zoning Code. http://library.municode.com/HTML/13094/level4/TITVILAUS_CH78ZORE_ARTIIADE... 11/1/2012 DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 3 of 6 (3) Expansion of nonconforming structures. No expansion of nonconforming structures shall be permitted except as specifically listed and allowed herein: a. Expansion of nonconforming single family residence structures. Lawful, nonconforming single family residential structures may be expanded, provided: 1 That the expansion does not increase the nonconformity, and complies with all height, setback, hardcover and lot coverage requirements of the district in which it is located. 2. That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1 That the expansion does not increase the nonconformity of the accessory building, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located, the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback, the city will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of the Zoning Code. (5) Prior permit. Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this section, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure. (Ord. No. 33 3rd series, § 1, 2-27-2006; Ord. No. 85 3rd series, § 1, 2-142011) Editor's note— Ord. No. 33 3rd series, § 1, adopted Feb. 27, 2006, repealed the former& 78-71, and enacted a new 78-71 as set out herein. The former§ 78-71 pertained to nonconforming uses and derived from Code 1984, § 10.03(5). Sec. 78-72. - Lots of record. ' (a) http://library.municode.com/HTML/1 3094/level4/TITVILAUS_CH78ZORE_ARTIIADE... 11/1/2012 DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 4 of 6 A lot of record is any lot for which a deed or registered land survey has been recorded in the office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975, and after approval by the council if required. (b) A lot of record existing upon January 1, 1975, in an R district, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and with public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if the area measurements and width of that lot are within 80 percent of the requirements of this chapter. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) in R districts of greater than one acre and served by public sanitary sewer. A lot of record in any R district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single-family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met: a• It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and C. It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R districts not served by public sanitary sewer. A lot of record in any R district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met: a• The lot area and lot width each meet at least 50 percent of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. C. All other zoning ordinance requirements must be met, including but not limited to the following: 1• Setbacks. 2. Hardcover. 3. Lot coverage by structures. 4. Accessory structure requirements. (c) A lot of record located in any shoreland district, including the Shoreland Overlay District, RS seasonal recreational district, and lakeshore residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) http://library.municode.com/HTML/13094/level4/TITVILAUS_CH78ZORE ARTIIADE... 11/1/2012 DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 5 of 6 A nonconforming single lot of record may be allowed as a building site without variances from lot size requirements, provided that: a• All setback requirements can be met; b A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and C. The impervious surface coverage does not exceed 25 percent of the lot. (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: a• The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; b• The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; and C. Impervious surface coverage must not exceed 25 percent of each lot; and d• Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either sections 78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter. Where a hardcover restriction applied by this chapter prohibits the placement, location or construction of hardcover, the impervious surface coverage allowed by sections 78-72(c)(1) and (2) shall be placed, located or constructed in zones that do not prohibit hardcover. Such allowance shall be made so that the total amount of hardcover that may be placed, located or constructed in areas where hardcover is not prohibited shall not exceed 25 percent of the entire lot. (4) A lot subject to section 78-72(c)(2) not meeting the requirements of section 78-72(c) (2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding section 78-72(c)(2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, storm water runoff management, reduction of impervious surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Code 1984, § 10.03(6)(A); Ord. No. 9 3rd series, § 1, 5-24-2004;Ord. No. 92 3rd series, § 1, 3-26-2012) Sec. 78-73. - Separation limited. � The separation by the transfer or sale of nonconforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or private road or http://library.municode.com/HTML/I 3094/level4/TITV ILAUS_CH78ZORE_ARTIIADE... 11/1/2012 DIVISION 2. -NONCONFORMING USES AND RELATED MATTERS Page 6 of 6 road easement and under same or common ownership is not permitted without council approval. Council approval is not required if the separation of such lots results in individual building sites that satisfy the area and width requirements of this chapter. (Code 1984, § 10.03(6)(C)) Sec. 78-74. - Farming. ' All farms in existence on January 1, 1975, shall be permitted to continue operation subject to the following conditions: (1) No new stock farms shall be created or existing stock farms enlarged more than 25 percent over the total number of animals that existed on the farm as of January 1, 1975, with animals over one year old except under the provisions of a conditional use permit. In considering any such permit, the maximum number and type of animals to be kept shall be determined by the council. The site design and method of operation shall be reviewed, and the council shall find that the proposed or existing stock farm will not in its opinion be detrimental to the public safety and the general welfare. (2) The establishment of any new building for the housing of animals or fowl shall be located 150 feet from the nearest lot line. (3) Products produced on the farm may be sold at retail. One temporary roadside stand may be established for conducting such business. One temporary business sign not over eight square feet in area may be located in the front yard during the period when products are for sale. Off-street parking must be provided for. (Code 1984, § 10.03(18)) Secs. 78-75-78-95. - Reserved. 12 http://library.municode.com/HTML/13094/level4/TITVILAUS_CH78ZORE ARTIIADE... 11/1/2012 Municode Page 1 of 1 Sec. 78-1252. - Nonconformities. All legally established nonconformities as of February 24, 1992, may continue subject to applicable state statutes and as regulated elsewhere in this Code. In shoreland areas, the following standards shall also apply: (1) Construction on nonconforming lots of record. Development or use of existing lots of record shall be regulated as set forth in section 78-72 (2) Additions/expansions to nonconforming structures. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements set forth in this chapter. Any deviation from these requirements must be authorized by a variance pursuant to provisions of this chapter. (3) Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also defined as a noncompliant system) as defined in section 58-41 and located within the Shoreland Overlay District must be upgraded and made conforming, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property, except that systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics shall have seven years in which to become compliant per the provisions of chapter 58, article ll, of this Code. All other noncompliant sewage treatment system provisions of chapter 58, article II, of this Code shall apply to all shoreland areas. (Orel. No. 101 2nd series, § 1(10.16(17)), 2-24-1992; Ord. No. 162 2nd series, § 1, 9-22-1997) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3a%2f... 11/1/2012 R ' 9 v t a` Legend Railroad El City Limits ❑ Parcels(7-1-2012) Wetlands ■ Preserve-50' ' ■ Manage 1-35' ❑ Manage 2-25' ® Manage 3-16.5' ■ Unclassified _ 9 • �y aR t 825 Willow :e Drive South - VAIntinniric Disclaimer. This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.This drawing is a compilation of records,information,and data looted in various city,county,and state offices,and other sources affecting the area shown,and is to be used for reference purposes only.The City of Orono is not 0 Bolton&Menk,Inc-Web GIS 11/1/2O122:37 I'M n--ihi,Mr.—inam H.,h—in-ntainrd.