HomeMy WebLinkAbout04-01-2009 Planning Commission Work Session ORONO PLANNING COMMISSION
WORK SESSION
Wednesday, April 1, 2009 at 5:30 pm
2780 Kelley Parkway— Council Chambers
AGENDA
DISCUSSION ITEMS
1. Revising the Parameters for Granting a Variance (AKA The Hardship
Documentation Form)
2. Hardcover Regulations Update
3. Changing Start Time of Regular Meetings
4. Vice Chair
INFORMATION ITEMS
5. April 20th Draft Agenda (Distributed at Meeting)
1
To: Planning Commission
From: Evelyn Turner
Date: April 1, 2009
Subject: Revising the Hardship Documentation Form
An attempt to improve the Hardship Documentation Form has turned into a proposal to revise
the 11-123, the"Issuances" section. The Planning Commission is asked to review the state
statute and this section and discuss a revision.
Background
The Hardship Documentation Form (attached) should be the basis for approving a variance. But
most applicants do an abysmal job of completing the form. This often places Staff in the
position of providing the reasons for granting a variance. Applicants who don't receive positive
recommendations sometimes feel they have not received fair treatment.
I started out thinking that the situation could be improved by revising the form. #6 and#7 could
be shifted to the end and changed to a yes-no question. The others could be rephrased as
questions. But this still left 10 questions. Some were repetitious.
Looking at 78-123 closely I noted that in the opening paragraph was for the most part a
duplication of the list of"parameters". There was also duplication between this list and the last
paragraph. The first seven parameters were almost verbatim restatements of the state statute. I
guessed they had simply been inserted into an older code. I concluded the list in the code could
and should be simplified.
I noticed that 78-122 contains references to the board of adjustments and appeals and
comprehensive municipal plan. It also contains a provision allowing the City Council to bypass
the Planning Commission by a unanimous vote. I'm not sure if the statute allows that.
State Statute
The state statute isn't particularly well organized but four parameters can be extracted:
• There must be a hardship.
• The hardship must not be created by the current property owner.
• The variance will not alter the essential character of the locality.
• The variance will not be contrary to the spirit and intent of the zoning ordinance.
The statute offers further definition of hardship. It allows conditions to be attached to variances
and forbids "use"variances except for temporary use of a single-family dwelling as a two-family
dwelling.
3
Here are the state statute, the current code and a first draft of a revised code. Please review them
so we can discuss this at the April 1 work session.
State Statute
OFFICIAL CONTROLS: ZONING ORDINANCE.
Subd. 6.Appeals and adjustments.
Appeals to the board of appeals and adjustments may be taken by any affected person upon
compliance with any reasonable conditions imposed by the zoning ordinance. The board of
appeals and adjustments has the following powers with respect to the zoning ordinance:
(1) To hear and decide appeals where it is alleged that there is an error in any order,
requirement, decision, or determination made by an administrative officer in the
enforcement of the zoning ordinance.
(2) To hear requests for variances from the literal provisions of the ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration, and to grant such variances only
when it is demonstrated that such actions will be in keeping with the spirit and intent of
the ordinance. "Undue hardship" as used in connection with the granting of a variance
means the property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls, the plight of the landowner is due to circumstances
unique to the property not created by the landowner, and the variance, if granted,will not
alter the essential character of the locality. Economic considerations alone shall not
constitute an undue hardship if reasonable use for the property exists under the terms of
the ordinance. Undue hardship also includes,but is not limited to, inadequate access to
direct sunlight for solar energy systems. Variances shall be granted for earth sheltered
construction as defined in section 216C.06, subdivision 14, when in harmony with the
ordinance. The board of appeals and adjustments or the governing body as the case may
be, may not permit as a variance any use that is not permitted under the ordinance for
property in the zone where the affected person's land is located. The board or governing
body as the case may be, may permit as a variance the temporary use of a one family
dwelling as a two family dwelling. The board or governing body as the case may be may
impose conditions in the granting of variances to insure compliance and to protect
adjacent properties.
4
Current Code
Sec. 78-122. References to board.
Before authorization of any variances by the council, the request shall be referred to the board of
appeals and adjustments for study concerning the effect of the proposed variance upon the
comprehensive municipal plan and on the character and development of the neighborhood; and
for its recommendation to the council for the granting of such variance so as to relieve such
difficulties or hardship to the degree considered reasonable without impairing the intent and
purpose of this chapter. The board of appeals and adjustments shall recommend such conditions
related to the variance regarding the location, character and other features of the proposed
building, structure or use as it may deem advisable. The council by unanimous action may waive
reference to the board.
Sec. 78-123. Issuances.
(a) In considering an application for a variance, the council shall consider the advice and
recommendation of the board of appeals and adjustments and 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. Before granting a variance, the council shall hear requests for variances from
the literal provisions of this chapter in instances where their strict enforcement would cause
undue hardship because of circumstances unique to the individual property under consideration,
and to grant such variances only when it is demonstrated that such actions will be in keeping
with the spirit and intent of this chapter. The parameters within which a variance may be granted
are as follows:
(1) The property in question cannot be put to a reasonable use if used under conditions
allowed by the official controls.
(2) The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
(3) The variance, if granted, will not alter the essential character of the locality.
(4) Economic considerations alone shall not constitute an undue hardship if reasonable
use for the property exists under the terms of this chapter.
(5) Undue hardship also includes but is 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.
(6) 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.
(7) The board or the council may permit as a variance the temporary use of a one-family
dwelling as a two-family dwelling.
(8) The special conditions applying to the structure or land in question are peculiar to
such property or immediately adjoining property.
(9) The conditions do not apply generally to other land or structures in the district in
which the land is located.
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(10) The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
(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.
(12) The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty.
(b) The board or council may impose conditions in granting of variances to ensure compliance
with this chapter and to protect adjacent properties. No variance shall be granted or changed
beyond the use permitted in this chapter in the district where such land is located.
6
Proposed Revised Code
Sec. 78-122. References to planning commission
Before authorization of any variances by the council, the request shall be referred to the planning
commission for study concerning the effect of the proposed variance upon the Community
Management Plan and on the character and development of the neighborhood;p and for its
recommendation to the council for theantin of such variance so as to relieve such difficulties
�' g
or hardship to the degree considered reasonable without impairing the intent and purpose of this
chapter. The planning commission shall recommend such conditions related to the variance
regarding the location, character and other features of the proposed building, structure or use as it
may deem advisable. In considering an application for a variance, the council shall consider the
advice and recommendation of thelannin commission.
p g
Changes here are to substitute planning commission for board of adjustment and appeals and
Community Management Plan for municipal comprehensive plan. The last sentence is moved
from 78-123. The bypass provision is removed.
Sec. 78-123. Basis for Approval
(a) A variance may be granted if:
1. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate an undue hardship. An undue hardship means the
property in question cannot be put to a reasonable use if used under conditions
allowed by this chapter. Economic considerations alone shall not constitute an undue
hardship if reasonable use for the property exists under the terms of this chapter.
Undue hardship includes inadequate access to direct sunlight for solar energy
systems.
and
2. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
and
3. The variance will not alter the essential character of the locality.
and
4. The variance will not be contrary to the spirit and intent of this chapter.
(b) The council may impose conditions in granting of variances to ensure compliance with
this chapter and to protect adjacent properties from adverse impacts.
(c) A variance may not allow any use that is not allowed by the zoning of the property except
to allow the temporary use of a one family dwelling as a two family dwelling.
7
I started with the state statute, grouping together the definitions of undue hardship. (Current#1-
#5 and most of#11)
#6 and#7 are in paragraph (c).
#8, #9, are less rigorous restatements of#2 so they are omitted.
#10 isn't mentioned in the statute so it is omitted.
I kept most of parameter#12 as the "hardship not convenience"phrasing seems so appropriate
for Orono.
8
•
To: Planning Commission
From: Evelyn Turner
Date: April 1, 2009
Subject: Hardcover Regulations Update
About a year ago Staff initiated a code change to revise the hardcover regulations to incorporate
the provisions found in two resolutions and a staff policy document. In May the Commission
reviewed a draft ordinance,held a public hearing and recommended approval (Attachment 1)
When the City Attorney reviewed the draft he pointed out the state statute(Attachment 2) would
make the proposed provisions regarding removal of non-conforming hardcover expensive to
implement.
The ordinance(Attachment 3) has been revised to remove these provisions. Planning Staff has
asked the City Attorney if non-conforming hardcover can be deducted from the next zone back.
If it can, such a provision will be added to the ordinance. It will be sent for Council
consideration this month or next.
9
Attachment 1 —Public Hearing Draft
CITY OF ORONO
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 78 OF THE
ORONO CITY CODE CONCERNING HARDCOVER
LIMITATION IN THE SHORELAND
OVERLAY DISTRICT
THE CITY OF ORONO,MINNESOTA ORDAINS:
SECTION 1. Chapter 78 Section 1211 of the Orono City Code entitled Definitions is amended to
add the following terms:
Hardcover means any structure, blacktop or other material which interferes to any degree
with the direct absorption of rainfall into the ground.
Hardcover, Structural means those items of hardcover which require a building permit, which
extend above the ground surface or into the ground, or which are constructed rather than
placed. Structural hardcover includes, but is not limited to, buildings; tennis courts; pools,
including water surface; decks, regardless of spacing; roofs of any sort including roof
overhangs as set forth in subpart (a)(4)b; and play structure platforms.
Hardcover, Non-structural means those items of hardcover which do not require a building
permit, which exist on the ground surface but do not extend substantially above or below
grade, or which are placed on the ground surface rather than constructed. Non-structural
hardcover includes, but is not limited to, roads and shoulders; driveways (concrete, asphalt,
gravel, dirt); sidewalks, ramps, etc.; any surface intended to be driven on; landscape beds
lined with plastic sheeting or weed-prevention fabric; tops of retaining walls; patios and
stepping stones; porous pavement, temporary buildings; and any vehicle, material, or
equipment which prevents direct absorption of rainfall into the ground and which is stored
for an extended period of time.
Hardcover, Nonconforming means hardcover in excess of the allotted amounts that was in
existence and lawful as of January 1, 1975 or hardcover not in existence as of January 1,
1975 that is in excess of the allowed amounts but for which a permit was issued.
Hardcover, Illegal means hardcover that is neither conforming nor nonconforming.
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SECTION 2. Chapter 78 Section 1272 of the Orono City Code entitled Stairways, Lifts and
Landings is hereby amended to read as follows:
Sec. 78-1282. Stairways, lifts and landings and driveways.
(a) One driveway no wider than 8 feet is permitted in the shore or tributary setback zone
if the property has no other frontage on or access to a_public.ourivate road.
(b)Stairways and lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and
landings shall be allowed in the shore setback zone and must meet the following design
requirements:
(1) Stairways and lifts must not exceed four feet in width.
(2) Landings for stairways and lifts shall not exceed 32 square feet in area.
(3) Canopies or roofs are not allowed on stairways, lifts, or landings.
(4) Stairways, lifts and landings may be either constructed above the ground on posts or
pilings or placed into the ground, provided they are designed and built in a manner that
ensures control of soil erosion.
(5) Stairways, lifts and landings must be located in the most visually inconspicuous
portions of lots, as viewed from the surface of the public water, assuming summer, leaf-
on conditions, whenever practical.
(6) Facilities necessary to provide shore area access to physically handicapped persons
shall be allowed, provided that the dimensional and performance standards of subsections
(1)--(5) of this section are completed in addition to the requirements of the Minnesota
Regulations, chapter 1340.
(7) A building permit shall be obtained for construction of stairways, lifts and landings
regardless of whether such improvements are constructed above, at or below grade.
SECTION 3. Chapter 78 Section 1288 of the Orono City Code entitled Hardcover Limitations is
amended to read as follows:
(a) Hardcover Allotment. The following hardcover restrictions apply to all properties in the
Shoreland overlay zoning district:
(1)
Hardcover zones.
a. Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or
tributary, no hardcover or impervious surface shall be placed, located or
constructed except for driveways. stairways, lifts, landings and lockboxes as
regulated by Section 78-1282.
b. Between 75 feet and 250 feet of the OHWL there shall be no greater than 25%
hardcover.
c. Between 250 feet and 500 feet of the OHWL there shall be no greater than
30%hardcover.
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d. Between 500 feet and 1000 feet of the OWHL there shall be no greater than
35%hardcover.
(2)
Zone to Zone Credit.
a. The allowed allotment of hardcover for the 250 feet to 500 feet zone or the
500 feet to 1000 feet zone may be increased up to the unused amount of
allowable hardcover of a zone closer to the OHWL.
b. Unused hardcover cannot be transferred to a zone closer to the water.
c. If hardcover is credited from one zone to another, additional hardcover may
not be later added to the zone closer to the water if the presence of such
hardcover would have prevented the crediting.
(b) Additional Provisions.
(1)
Overhangs:
(a) Where an overhan. is su s sorted b a s ost the area under the overhan. to the
outer edge of the post shall be counted as hardcover.
(b) All but the outer two feet of an unsupported overhang 10 or more feet off the
e
ground shall be counted as hardcover.
(2) Decks:
a. Decks are hardcover regardless of spacing of the spacing of the boards or the
height of the deck above ground.
b. Hardcover may be added under a deck attached to the principal structure
without increasing hardcover if the deck was legally built with a permit.
(3) Permeable Pavement. The entire area covered by driveways or other structures
consisting of porous or permeable paving materials shall be considered hardcover.
(4) Driveway Easements.
a. Where two neighboring properties share a portion of a driveway by virtue of a
driveway easement,
Benefited Property refers to the property which gains access via an
easement over another property;
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Encroached Property refers to the property containing the easement
that provides access to a benefited property; and
Excludable Area refers to the portion of the easement within an
encroached property that does not benefit the encroached property.
b. For an encroached property, the linear segment of the easement existing on
the encroached property which serves both the encroached property and the
benefited property is considered as calculable for the encroached property,
and any hardcover in this area counts against the encroached property's
hardcover allotment.
c. For an encroached property, the linear segment of the easement existing on
the encroached property that does not serve the encroached property, but only
serves the benefited property, is not considered as calculable hardcover for the
encroached property. The excludable area shall be excluded from the affected
hardcover zone area for the encroached property, and any hardcover in the
excludable area shall be excluded from the reportable hardcover for the
encroached property.
d. Neither the excludable area within an encroached property nor the area of
hardcover within the excludable area, shall be added to the area of the
benefited property for hardcover calculation purposes.
e. In the case where the easement dimensions are undefined, the excludable area
will be the area of the actual hard surfaced driveway. •
(5) The following items must be included in hardcover calculations regardless of
whether or not they are proposed to be constructed:
a. A two-car garage (detached or attached)
b. A driveway to any garage or storage area with a door wider than six feet,
minimum dimensions as follows:
Insert drawing from Resolution No.
c. 24 inch wide sidewalk from the front door to the driveway
d. Stairway or landing at exterior doors.
(c) Compliance.
(1) It is unlawful to convert, enlarge, or alter any structure or use any structure in a
manner that violates the hardcover limitations.
(2) All illegal hardcover must be removed before a •ermit will be issued for
construction that creates or replaces hardcover.
14
(3) If a property is not in conformance after removal of illegal hardcover or if the
proposed construction would bring the property into non-conformance, the
property owner must remove additional hardcover to achieve conformance. This
hardcover must be removed before the permit is issued.
(4) Structural hardcover cannot be added above existing non-conforming non-
structural hardcover without meeting hardcover limits.
(5) Nonconforming hardcover cannot be relocated, expanded in any way or changed
in nature unless the property is brought into conformance except:
a. The roofline may be changed but the roof may not be extended over unroofed
portions of the structure;
b. An additional story(s) may be added over roofed portions of the structure; or
c. An open or screened porch may be converted a two or three season porch or
year round living space (including replacing a post foundation with a
perimeter foundation)provided hardcover is not increased.
(d) The hardcover restrictions are independent of lot coverage regulations elsewhere in the
Municipal Code. Accordingly, a property must conform to both hardcover limitations and lot
coverage regulations.
SECTION 4. The following language is deleted from Chapter 78 Section 1435 of the Orono City
Code
(1) Location of principal building to lakeshore. No principal building shall be located
closer than 75 feet to the natural ordinary high water mark of a lake abutting the property.
This lakeshore setback shall be determined as the mean horizontal distance between the
natural ordinary high water mark on the lakeshore and the allowable building line.
(2) Variance from lakeshore setback. Any application for a variance from the
requirements of subsection (1) of this section shall be referred to the Minnehaha Creek
Watershed District for its approval before final action by the council.
SECTION 4. This ordinance shall be effective following its passage and publication.
ADOPTED by the City Council of the City of Orono, Minnesota this day of
,2008.
CITY OF ORONO
BY:
Mayor
ATTEST:
15
Attachment 2
117.184 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE.
(a) Notwithstanding any law to the contrary, an ordinance or regulation of a political
subdivision of the state or local zoning authority that requires the removal of a legal
nonconforming use as a condition or prerequisite for the issuance of a permit, license, or
other approval for any use, structure, development, or activity constitutes a taking and is
prohibited without the payment of just compensation. This section does not apply if the
permit, license, or other approval is requested for the construction of a building or
structure that cannot be built without physically moving the nonconforming use.
(b) This section applies to an action of a political subdivision of the state or a local
zoning authority occurring on or after May 20, 2006, that requires removal of a legal
nonconforming use as a condition or prerequisite for the issuance of a permit, license, or
other approval.
16
Attachment 3 —City Attorney's draft
ORDINANCE NO.
• CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 78 OF THE ORONO CITY CODE
CONCERNING HARDCOVER LIMITATIONS IN THE SHORELAND OVERLAY
DISTRICT
THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS:
SECTION 1. Chapter 78, Section 1211 (Shoreland Overlay District Definitions) of the
Orono City Code is amended to add the following definition:
Hardcover means any material that interferes to any degree with the direct absorption of
rainfall into the ground. Examples include buildings; tennis courts; pools, including
water surface; decks, regardless of spacing; roofs of any sort, including roof overhangs;
play structure platforms; driveways (concrete, asphalt, gravel, or dirt); sidewalks,ramps,
etc.; any surface intended to be driven on; landscape beds lined with plastic sheeting or
weed-prevention fabric; tops of retaining walls;patios and stepping stones; porous
pavement; temporary buildings; and any vehicle, material, or equipment that prevents
direct absorption of rainfall into the ground and that is stored for an extended period of
time.
SECTION 2. Chapter 78, Section 1282 (Shoreland Overlay District Standards -
Stairways, lifts and landings) of the Orono City Code is amended to read as follows:
Sec. 78-1282. Driveways,Sstairways,lifts and landings.
(a) A driveway no wider than 8 feet is permitted in the shoreland or tributary setback
zone if the property has no other frontage on or access to a public or private road.
fb) Stairways and lifts are the preferred alternative to major topographic alterations for
achieving access up and down bluffs and steep slopes to shore areas. Stairways, lifts and
landings shall be allowed in the shore setback zone and must meet the following design
requirements:
(1) Stairways and lifts must not exceed four feet in width.
(2) Landings for stairways and lifts shall not exceed 32 square feet in area.
Canopies or roofs are not allowed on stairways, lifts, or landings.
(3) s P Y > g
(4) Stairways, lifts and landings may be either constructed above the ground
on posts or pilings or placed into the ground, provided they are designed and built
in a manner that ensures control of soil erosion.
17
(5) Stairways, lifts and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water,
assuming summer, leaf-on conditions, whenever practical.
(6) Facilities necessary to provide shore area access to physically handicapped
persons shall be allowed, provided that the dimensional and performance
standards of subsections (1)--(5) of this section are completed in addition to the
requirements of the Minnesota Regulations, chapter 1340.
(7) A building permit shall be obtained for construction of stairways, lifts and
landings regardless of whether such improvements are constructed above, at or
below grade.
SECTION 3. Chapter 78, Section 1288 (Shoreland Overlay District Standards - Hard
cover limitations) of the Orono City Code is amended to read as follows:
(a) Hardcover Allotment. The following hardcover restrictions apply to all properties
in the Shoreland Overlay District:
(1) Hardcover zones.
a. Within 75 feet of the Ordinary High Water Level (OHWL) of any
lake or tributary, no hard cover or impervious surface shall be placed,
located or constructed within 75 feet of the ordinary high water level of
any lake or tributary, except for driveways, stairways, lifts, landings and
lockboxes as regulated elsewhere in this Code.
E34. Between 75 feet and 250 feet of the OHWL, there shall be no
greater than 25 percent hardcover.
c. Between 250 feet and 500 feet of the OHWL there shall be no greater
than 30 percent hardcover.
d. Between 500 feet and 1,000 feet of the OHWL there shall be no greater
than 35 percent hardcover.
(2) Zone to Zone Credit.
a. The allowed allotment of hardcover for the 250 feet to 500 feet
zone or the 500 feet to 1000 feet zone may be increased up to an unused
square footage of allowable hardcover of a zone closer to the OHWL.
b. Unused hardcover cannot be transferred to a zone closer to the
OHWL.
c. If hardcover is credited from one zone to another, additional
hardcover may not be later added to the zone closer to the OHWL if the
presence of such hardcover would have prevented the crediting_
(b) Additional hardcover provisions.
(1) Overhangs:
a. Where an overhang is supported by a post, the area under the
overhang to the outer edge of the post shall be considered as hardcover.
18
b. All but the outer two feet of an unsupported overhang 10 feet or
more off the ground shall be considered hardcover.
(2) Decks: Hardcover may be added under a deck attached to a principal
structure if the deck was legally built with a permit.
(3) Driveway easements: The following principles apply where one or more
properties (secondaryproperty) gain its driveway access from an adjacent
property(primary property)by virtue of a driveway easement:
a. that portion of the driveway that serves both the primary and
secondary property is considered hardcover for the primary property.
b. that portion of the driveway that serves only the secondary
property is not considered hardcover for either the primary or secondary
property.
(c) Future improvements. The following items shall be included in hardcover
calculations regardless of whether they are proposed to be construction at the time of
building permit application:
(1) Proof of a two-car garage (detached or attached).
(2) A driveway, subject to the standards in paragraph (d) of this section.
(3) A 24 inch wide sidewalk from the front door to the driveway.
(4) A minimum [ - foot by- foot] stairway or landing at all exterior doors.
(d) Driveways. All driveways shall be installed according to the following minimum
dimensional standards:
(1) All private garages shall be provided with a usable driveway. A usable
driveway means a driveway that is functional and provides for safe and efficient
access and adequate off-street parking. [The following standards are illustrated in
- reference the drawing?].
(2) Driveways serving end loading garages shall maintain the following
minimum driveway apron widths:
a. one-stall— 9 feet
b. two-stall— 16 feet
c. three-stall —28 feet
For purposes of this section, a driveway apron is that portion of a driveway that
extends 15 feet from the garage door(s) on an end loading garage.
(3) Driveways serving side loading garages shall provide a minimum turn
around or back up depth of 20 feet, as measured from the garage door(s).
(4) Minimum driveway taper ratio shall be 2:1.
19
(5) Driveways shall be at least 8 feet in width at the street or private road.
(6) A turnaround shall be provided where driveways have direct access to a
high traffic road, as determined by the City Planner. The minimum dimensions of
the turnaround shall be 8 feet in width by 8 feet in depth.
(7) "Wheel strip" driveways are allowed, but the entire width of the driveway
(from outside to outside of the strips) will be considered hardcover.
(e) Compliance.
(1) It is unlawful to convert, enlarge, or alter any structure or use any structure
in a manner that violates the hardcover limitations.
(2) Nonconforming hard cover may not be relocated or expanded in any way
unless the property is brought into conformance except:
a. A roofline may be changed but the roof may not be extended over
unroofed portions of the structure.
b. An additional story may be added over roofed portions of a
structure.
c. An open or screened porch may be converted into a two or three
season porch or year round living space (including replacing a post
foundation with a perimeter foundation) provided hardcover is not
increased.
(3) This section is independent of lot coverage regulations in the City Code.
Accordingly, a property must conform to both hardcover and lot coverage
regulations.
SECTION 4. This ordinance shall be effective following its passage and publication.
ADOPTED by the City Council of the City of Orono, Minnesota this day of
, 2009.
CITY OF ORONO
BY:
James M. White, Mayor
ATTEST
Linda S. Vee
20
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21