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HomeMy WebLinkAbout02-19-1991 Planning PacketCITY OP OROHO ____ FIANNXNG COMMISSION MEETING i jESDAY, FEBRUARY 19» 1991 7^00 1275 BROWN ROAD SOOTH - CODNdL CHAMBERS COUNCIL representative - Edward Callahan ATTENDANCE PUBLIC HEARINGS 1. 7:00 P.M. #1619 G. Marc and Tracy S. Whitehead, 1220 Lyman Ave Preliminary Subdivision. if”hLe items will commence between scheduled public hearings. .2. #1570 Chuck Downey - 2665 Casco Point Road - Conditional Use Permit - Continuation of Public Hearing 3. #1609 Alice L. Brock - 2780 Shadywood Road - Variances Public Hearing 4. #1621 Terry & Jonell Johnson - 1045 Linden Lane - Variances - Public Hearing • 5. Planning Ccmmissicn to select date for Public Hearing on Code Amendments. WORK SESSION 6. Review of Code Amendments originally scheduled action at Planning Commission's December 17, Formal action to be delayed until Public Hearing rescheduled at later date. a. b. c. d. Municipal facilities of neighboring cities. Temoorary signs in commercial districts. Residential lakeshore. 1) Lot standards. 2) Hardcover standards. 3) Non-encroachments within lakeshore protected area. Residential fence stcUidards. ADDITIONAL ITEMS 7. Planning Commission approval of the minutes of January 22, 1991. 8. Planning Commission to select a representative to attend the Council meeting of March 11, 1991. ADJOOR] OPCOHIHG EVENTS 2/20/91 - Planning Commission Chambers - 7:00 p.m. - Public information meeting - Council 2/27/91 - Planning Commission - Work Session - Council Chambers - 5:30 p.m. H i 1 PUBLIC ATTENDANCE I CITY OF ORONO anrvcn^ PLEASE FILL OUT THE INFOW4ATION REQUESTED BELOW FOR OUR CITY RECORDS.i NAME (please print)ADDRESS NAME OR NUI4BER PRESENT FOR (from agenda) ^tK'U Xic^crxl ^2. Pjrt L r tfI Vi ' * . IL/iuhA 4 ^: 'oi'iAt>vioP<I ^70V (.^ cro.cv U 3 V * V' ? (/‘I i? f <*•- IM"! "X Ci . 7 7 V ^ % pc;d -/-/y-. . . ■ - 0 I V ‘• -■'V'J .-•*;3^ >iT-r 3 ' < / /? - ilL (Ml C"it> lojl ^t-1 bi' V"7 17. 18. Alltel l'\w PlaoDJig Conunission Chairman Kelley Orow Planning Commission Members CitjAdministrator Bernhardson I- Frcm: Date: Mictael P. Gaffron, Asst Planning & Zoning Administrator Febnary 14, 1991 Subject: #16]1 Mark & Tracy Whitehead, 1220 Lyman Avenue - Preliminary Subdivision - Public Hearing Zoning Distifct - RR-IB, Single family rural residential, unsewerei 2 acre minimum. Application -Four lot subdivision to create three additional building iltes. List of Bzhib^ Exhibit A- Exhibit B- Exhibit C- Exhibit D- Exhibit K- Exhibit P- Exhibit G- Exhibit H- Application Plat Map Property Owners List Proposed Plat Drawings Staff Sketch Plan Memo 1/16/91 Notice of Planning Commission Action 1/25/91 Selected Comprehensive Plan & Subdivision Code Sections Staff Sketches - Road Options/Septic Layout/ Steep Slopes Pertinent Facts - 1. Proposed lot area data is as follows: Dry Wetland Total Lot 1 2.0 ac 1.9 ac 3.9 ac Lot I 2.0 0.3 2.3 Lot 3 (w/house)2.3 0.3 2.6 Lot «2.0 —2.0 Outist A 0.22 -0.22 Outlst B 0.33 —0.33 8.85 ac.2.5 ac.11.35 ac At the sistch plan review, it was the clear intent of the Planning fonmission that Lyman Avenue be upgraded as part of this subftvlsion, because this development will increase traffic ■ an already substandard roadway. Code Section 11.32, StMivision 1 requires that the subdivider at his expense ijprove the public and private roadway to a standard acceptabBft to the City. However, the issue as to how far east this developer should be responsible for, is not defined Iscause the developer does not own the property where hisdriveway accesses the existing private easement road. The question is, if the City requires this developer to provUb a cul-de-sac (which is definitely needed for maintenaace purposes) should it be dedicated from within this plalk or fr^n neighboring properties to the east? i Zoning File #1619 February 14, 1991 Page 2 3. m ■0m 4. t--' A primary and ilternate drainfield site has been defined for each lot by tie site evaluator. In many cases, these sites are marginal, just meeting or in some cases partially exceeding the maximum slope requirements. Three of the eight sites ifentified are less than the 75' required set­ back from the0.3 acre man-made pond in the center of the property. To the applicBts* credit, drainfield sites were tested and defined prior to drawing the lot lines. However, the extremely ste^ slopes over a great portion of the property, coupled with nttled soils which indicate the need for mound systems for the entire property, severely limit the development c^bility of the property. Two major wetluids exist on the property, both being fairly low in the tcyography. The westerly wetland is about 3 acres, of whidi approximately 2 acres are within Lot 1. The northeasterly wetland is about 1.5 acres, of which approximately i»3 acre is within Lot 3. There is a OJ acre man-made pond in Lot 2. This pond averages abovjc 60' across and about 200' in length. While the area of thspond certainly is not dry buildable land, it does not havenearly the significance in the watershed as the 2 other tetlands. This small pond is not a City designated wetland. Staff would recommend that a Conservation asl Flowage Easement be dedicated on the plat only for the 2major wetlands. There in an isnie of the drainage swale leading north from the probable pond overflow location. This swale will generally be Mjacent to the proposed house site on Lot 2. City Engineer recommends that a channel be designed and constructed wilhin the drainage ear^ement within Lots 1 and 2, in order todirect the pond drainage in a positive manner to avoid its affecting the house site. This swale will have to take into Kcount driveway construction for Lot 2 and staff would sapgest that the driveway also be designed in conjunction wi2ti this swale. h atfi aMiMlktfti I Zoning File #1619 February 14, 1991 Page 3 6.Lot 4 is profBsed to be served by a single driveway exiting directly to l^an Avenue. The applicants have not defined a location whe® that driveway would be constructed, however, sight distaoee will be a key factor. Lots 1 and 2 are intended by the applicants to be served via a 30' wide private drivaray. Out lot B. Construction of that driveway may have to extend outside the boundaries of the outlot because for ■distance of approximately 200', the outlot is on slopes of 30-40%. To make a functional driveway in that area, eitherextensive retaining walls would have to be built, or om would expect that the width of the disturbed area to creats that driveway would be in the neighborhood of 50' in order to maintain appropriate side slope stability. 7.Referring toExhibit H-1, approximately 3.15 acres of the total 8.85 Kres dry buildable, has slopes of 18% or steeper. While the Orono Subdivision Code excludes slopes of 18% or grertei from the definition of dry buildable land, in practice, the City has rarely excluded such steep slopes from credit towards dry buildable. However, staff would note that 4® of the dry land in Lot 1 is 18% slope or steeper and &% of the dry land in Lot 4 is 18% or steeper. Discussion - For the sakeof clarity, the following issues with this subdivision will hi treated individually in greater depth: A) B) C) D) Upgrade <# Lyman Avenue; Access toproposed lots; Septic ianes; Lot stancicd^i. A) Upgrade of Lym Avenue After discussing this subdivision with the City Engineer and the Public Worlc* Director, it is the City staff's strong recommendation th®. this developer be required to upgrade Lyman Avenue as requirdi by Code. Due to the number of houses being served not only ^hin the proposed plat but existing further east, the City'saltimate goal is that a 50' right-of-way be dedicated generaFly along the existing public and private portions of LymaaAvenue ending at a cul-de-sac further east which has been pasdally dedicated in prior applications. Once constructed, this mad would likely be maintained by the City. As an absolu® minimum, the developer should be required to dedicate right-ofway generally over the existing roadway, and upgrade to City ®:andards the portions of dedicated roadway adjacent to and wifliin his property boundaries. 1^'It Zoning File #1619 February 14, 1991 Page 4 However, this upgrade will not necessarily meet the intent of the City's access requirements, since no cul-de-sac is yet provided and the Engineer and Public Works Director feel that as a minimum, a temporary cul-de-sac should be constructed by the applicants so that reasonable maintenance and emergency access can be obtained for this area. The problem becomes where such a temporary cul-de-sac should be located. If it is located within the property boundaries, it is likely that at least one drainfield site will be wiped out, and applicant will lose at least one lot. A logical place for a temporary cul-de-sac would be at the point where applicants' driveway enters the private driveway easement road; but this location is on a neighboring property which applicant doesn't control. Staff has sketched a number of options for cul-de-sac locations, each of which has a significant effect on the subdivision, or on neighboring properties (see Exhibits H-3, 4 5). One additional issue for discussion is the curve radius of the existing road. As Lyman Avenue heads north, the existing curve radius is about 200-225', not meeting the 275' radius required by the subdivision code. The City Engineer has advised that, if a variance were granted to allow this radius, the street would have to be posted with a 25 mile per hour speed limit. The reunifications of requiring the 275' radius to be met is that the easterly drainfield site on Lot 4 will be encroached upon and it likely will eliminate that site, leaving Lot 4 unbuildable. The site evaluator is currently aware of the possible alignment change and is checking to see whether the system can be shifted to accommodate that realignment. Access To Lots Subdivision Code Section 11.31, Subdivision 5 (B) states that lots shall not derive access exclusively from an arterial roadway. The word arterial is key, in that Lyman Avenue would be defined as a local street rather man an arterial roadway, and there is no other specific standard in the code that access must be directly to a local street. Section 11.32 requires that new roadways must be constructed, or existing private or public roadways must be improved, to provide adequate access to a subdivision. 5- Zoning File #1619 February 14, 1991 Page 5 The Orono Comprehensive Plan indicates that a maximum of 3 residences should be allowed per shared driveway in rural areas. The Subdivision Code Section 11.33, Subdivision 4 indicates that a private street serving 3 to 6 units should have a 50' right-of- way and 24' paved width. Interior access to the proposed subdivision therefore relies on at least 1 of the 4 lots accessing somewhere other than a single shared driveway. Although the City's policy has been generally consistent in requiring a full-fledged private road for 3 lot subdivisions, the inconsistency between the Comprehensive Plan and the standards in the subdivision code has never been resolved. If Lyman Avenue was an arterial roadway, there would be absolutely no question that a private road and cul-de-sac should be created within the proposed subdivision to serve all 4 lots. It is likely t.iat if such a road and cul-de-sac was required, at least 1 lot would be lost. The final additional interior access issue to consider is whether the existing house should continue to have its driveway access onto a private easement road outside the plat boundaries. This would not seem to meet the intent of the code in providing that lot with an acceptable access to a private road that meets City standards. Clearly, applicants' existing driveway accesses to a substandard private road, it being defined as a road because it serves more than 3 residences. C) Septic Issues/Building Envelopes/Site Planning . Drainfield sites for each lot were tested before proposed lot lines were drawn. In many cases, the drainfield sites either just meet the setback and slope requirements, or in some cases, have portions of sites exceeding the slope limit of 6% adhered to in Orono's Septic Code. Orono's Septic Code is in some respects more strict than the current State model regulations for mound systems, in that the State allows mounds on steeper slopes than 6%. Orono's Code is somewhat ambiguous in that while in 2 places it states that mounds should not be considered for areas with slopes of greater than 6%, in an additional section it gives criteria for mounds on up to 12% slopes. It has been City staff's clear policy to consistently hold near the 6% limit, although variances have been granted to put mounds on slopes up to 7 or 8% in cases where there is a low potential for affecting improvements downs lope. 1 r. ‘pisfe: Zoning File #1619 February 14, 1991 Page 6 '4 V# Further^ 3 of the 8 proposed mound sitesare located less than the Orono Code requirement of 75' from a wetland area. However, there are no State setback requirement! from wetlands to septic systems except if those wetlands are ftrt of a "public water". None of the wetlands in question meet tiis category. The State requirements would merely require that soil and water table conditions be appropriate for a given design of septic system at a given site. Orono has generally attempted to maintain i 75' setback from wetlands to limit nutrient inflow to the wetlail as well as keep the drainfield system far enough from the wetland to eliminate any wetland effects on that system. In the ca* of proposed Lot 2, a drainfield site with the southerly mound loe being 35' from the 0.3 acre pond, the drainfield site is ajaroximately 3-4' higher than the probable overflow elevation of the pond, hence flooding of the drainfield site would not a problem. It is unlikely that the pond would have a signifirnact on raising the groundwater table to an elevation where- it would detrimentally affect the mound system. The other question is whether the mound will affect the pond. There is the possibility of nutrients from the septic system flowing through the ground and entering fte pond. However the pond is probably nutrient rich already iue to inflow of natural nutrients, and the added nutrients from the septic system would likely have an insignificant effect looilized within the pond itself. From that standpoint, the location of drainfield sites less than the 75' setback from wetlandson this property should have no real public health, safety or welfare impact. However, they may be a nuisance for homeownersin attempting to keep the pond free of vegetation. Soil testing on the property indicated Shat each of the proposed drainfield sites would need a mound syaion rather than a trench system due to high seasonal water titoles. The site evaluator notes that soil borings were made evm on some of the sloped areas to determine whether trench qfstems would be feasible, however, soil conditions dictated thit mounds be used. The following is a review of the septic sites f*" each lot; r 1- ii; Zoning File #1619 February 14, 1991 Page 7 Lot 1 - the drainfield sites are located on a relatively flat area at the north half of the lot These sites are about 18* vertically higher than the mi^or wetland to the west, and are located on slopes ranging from 2 to 6%. These sites force the house to be located in tie south half of the lot at the edge of the 40% slope lading down to the wetland. The house location further noith on the lot would leave minimal setbacks to the mound systas and require that a driveway be constructed along the 401 slope, leaving a major cut just downhill from the primazf site. Because of the steep slopes and location of septic ^sterns, this lot is severely limited to a single buildahle envelope being approximately 175* in length and rangia^ in width from 50* to 90', 1^ the Planning Commission and Obuncil allow a 30* setback from the east lot line of Lot 1. Lot 2 - has drainfield sites centrally Israted just north of the small pond. The primary site rangesln slope from 4% in the south end to near 9% at the verj north end. The alternate site just to the west averages 6% slope. These sites are located immediately uphill frea the proposed house site. Due to this, and coupled with a ftrainage swale from the pond being located on the west sideof the house, plus the 50* rear setback requirement, this is at best a very poor building site with drainfield sita that are marginal . due to site topography. A further issue with Lot 2 is that a extremely long driveway will have to be constructed to reach the proposed house location. If Outlot B is allowed as a private drive­ way, the actual driveway length from the proposed house site on Lot 2 to the point of access on Lyan Avenue is 650*. The State Fire Code will likely require ftat the driveway be provide with a turnaround, and be aot less than 20* unobstructed width, hence this will ma]<z a shared driveway on Outlot B just that much tougher to costruct. Lot 3 - contains the existing house whUi has an existing bailing septic system. Both the priary and alternate drainfield sites have been tested on His property. The primary site has a slope of approximatelp 2%, the alternate site has a slope of about 6%. With approximately 40* between the easterly tip of the primaryaound and the east lot line, it might be feasible to relacate the driveway within Lot 3 to a point where it could acess Lyman Avenue within the boundaries of the plat, elimteting the need for a driveway easement on the neighboring property. However, the sight distance for Outlot B's acceia point to Lyman Avenue is already minimal if not unacaeptable, hence an additional access at that location ivy not be a wise decision. I. Zoning File #1619 February 14, 1991 Page 8 Lot 4 - the primary site on Lot 4 is located at the east end, and would conflict with the road if it is realigned. This site is at 5% slope, but could be pushed uphill and slightly northward if necessary to accommodate a road realignment. However, that would place the slope in the range of 7-9% at the uphill side of the mound. The secondary site is at the opposite side of the lot in the only other flat area on the lot. This site has a slope in both directions approaching 6-8% at the northerly toe of the mound. The house site is somewhere in or on the hill. In summary, the locations of drainfield sites on Lots 1 and 2 severely limit the buildability of those lots as proposed. On Lot 4, the primary site may be in conflict with the roadway if the City forces a right-of-way alignment change to meet the minimum required curve radius. D) Lot Standards Only Lot 4 contains the necessary 200' frontage on a public roadway. Lot 3 will have approximately 40* of actual frontage on Lyman Avenue. Lots 2, 3 and 4 all meet or exceed a 200' width standard at the setback from the access driveway outlet. Lots 1 and 2 do not abut either a public or private road, but merely abut a private driveway outlot. In that respect. Lots 1 and 2 are^similar to many other "back lots" which the City has from time to time approved. In past cases, the lot line abutting the end of the private driveway outlot has been considered the front lot line, hence one can reasonably argue that, while the width along that front lot line is satisfied, a 50* setback should be required, yet applicants propose only a 30' setback to maximize their already limited building envelope. If Planning Commission accepts Outlot B as an access driveway serving just 2 lots, with Lot 3 being served across a private easement on neighboring property to access Lyman Avenue, and accepts Lot 4 as accessing only to Lyman Avenue, then the major variance technically is that the east line of Lot 1 should be the front, hence a 50' setback from the east lot line should be required. The other variance is for 2 new lots (Lots 1 and 2) not abutting a public road. ry - It is staff's opinion that frcmi a functional standpoint, the proposed lots are marginal at best. The extreme topography limits the quality and availability of drainfield sites. The drainfield sites in turn dictate the location of lot lines as well as the shape and size of building envelopes. These factors in combination create the need for significant variances. These variance include: ^3 m Zoning File #1619 February 14, 1991 Page 9 a) front setback for Lot 1; b) direct driveway access to unimproved private roadway not meeting City standards for Lot 3; c) drainfield sites that do not strictly meet wetland setback or slope requirements; d) variance for lack of approved cul-de-sao within the public or private roadway serving the properties; e) technically, a variance for allowing slopes in excess of 18% as creditable dry buildable area (the City has rarely made use of this code section, but this may be the time to use it); f) further, depending on Planning Commission's interpretation of access requirements, a variance may be needed for the width of Outlet B and the lack of a cul-de- sac for Outlet B. g) Lots 1 and 2 require a variance for lack of frontage on a public road. Copies of the various pertinent code sections have been attached for reference purposes. Staff Reccamendatlon - Staff recommends as follows: The developer should be required to upgrade the portions of Lyman Avenue abutting his property and within the current public right-of-way. The developer should be required to dedicate additional right-of-way over the existing portions of Lyman Avenue within his property boundaries. Additional land in the southeast quadrant in Lot 4 should be dedicated for right-of-way to obtain a 275' radius of curve for the roadway. This requirement should only be considered for a variance if applicant agrees to post the road at a 25 MPH limit. The issue of sight distance may be less significant because most traffic leaving Outlet B will not be turning left across traffic coming from the south, but will be turning right. i * \ i r Zoning File #1619 February 14, 1991 Page 10 4.The applicant should be required to provide a cul-de-sic or looped turnaround within the subdivision to provide for road maintenance and public safety vehicles. As an alternative, applicant should be required to provide a temporaiy or permanent cul-de-sac somewhere off the property for the same purposes. 5.The Planning Commission should determine whether continued use of the existing driveway for Lot 3 is acceptable, jLven that such approval would be a variance unless Lyirian Aienue is upgraded to City standards at the point where appliants' driveway enters the existing easement portions of l^an Avenue. 6.Applicants should be required to define a locatioi for driveway access to Lot 4. If that access is directly to Outlot B, then staff would recommend that Outlot B be upgraded to a 50' width with 100' diameter cul-de-sacw per the direction in Subdivision Code Section 11.33, Subdivision 4. 7.If any of the above recommendation or requirements result in the need to reconfigure the proposed plat drawings, thea the application should be tabled. If not, then the Plaming Commission sfould determine whether hardship exists to grant a variance to allow the 30' setback requestea fros the east lot line of Lot 1. Applicants should be requested to provide the folJming information: a) Pond drainage swale design for Lot 2, to prsfcect the proposed house location. ‘IS. b) Driveway design for Outlot B, indicating elevations and sections, indicating extent of development to be located outside of that outlot. The following would be recommended standard plat app»val conditions: a. Conservation and Flowage Easements for the major wetluids at the west and northeast ends of the plat shall be required. b. The standard drainage and utility easements shall be required within all lots of the plat. c. The plat will be subject to park dedication or park fees to be determined as required in Section 11.62. iL Zoning File #1619 February 14, 1991 Page 11 k-_ d. The drainfield sites shall be fence# during road upgrades and driveway construction within Outlet B. A covenant shall be filed in the title of each lot defining the location of approved drainfield sites and requiring that such sites remain undisturbed until they are used w 'WM ifi. r, *'.;r •5 i» iiv:: fe-; ' t- V. i rrm mm .■' f .'fKr .-. , ^ ■ ‘' ■ 'i [■ JC ■ '■ ' ITi ■miitJhit'ilnilillh %t < Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Prom: Date: Subject Michael P. Gaffron, Asst Planning & Zoning Administrator January 16, 1991 #1617 G. Marc & Tracy Whitehead, 1220 Lyman Avenue Subdivision - Sketch Plan Review Zoning District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Sketch plan review of 4 lot subdivision. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D - Pertinent Facts - 1. Application Plat Map Staff Sketch Road Systems Sketch Plan - Review of Property Ownership & 2. Total Property Area =11.35 acres + Dry Buildable = 9.15 acres + Wetlands » 2.Z acres + Proposed Lot Areas Dry Wetland Total Lot 1 2.0 ac 1.9 ac 3.9 ac Lot 2 2.0 0.3 2.3 Lot 3 (w/house?2.6 Lot 4 2.0 -2.0 Outlot A 0.22 -0.22 Outlet B 0.33 —0.33 15 ac MV 9 • MB MB MB BBS jfr 2“ ac 11.35 ac 2.r A*- "Orono Orchards" was original1 y platted in 1924. The vacations of Spencer Avenue and Charles Street occurred in 1968. The existing Whitehead residence on proposed Lot 3 was constructed in 1968-69. 3.The property currently exists as two separate tax parcels, the first consisting of 2.5 acres including the house, the other consisting of approximately 8.85 acres including wetlands. ■ vV'^:: . .. ■4 Zoning Application #1617 January 16, 1991 Page 2 4.Applicant proposes to create three new building sites in addition to the residence. The layout of the proposed division is a result of working closely with their septic site evaluator, in order to define available drainfield sites before drawing lot lines. The proposed division yields primary and alternate drainfield sites for each of the four lots, and indicates potential house sites which do not conflict with drainfield sites. Road and Access Issues - Please review Exhibit C, a sketch indicating the locations of public roads, private roads and driveways serving existing residences in the area. Note the following: I A. The City maintains only the first 600' of Lyman Avenue, the remaining 1,275' being unpaved and privately maintained. Starting at Orono Orchard Road, the Smith Avenue/Lyman Avenue dead-end road system is 2,800' in length or just over h mile, with no alternative access, currently serving 19 residences . , ■ - A hm B. The easterly 900' of Lyman Avenue is merely an easement road, not within a dedicated public or private road corridor. Two-thirds of a cul-de-sac have been dedicated at the easterly terminus during various zoning/subdivision applications in the 1980s. That cul-de-sac has not been constructed. The applicants are proposing that Lots 1 and 2 be served by a 30' wide driveway outlet extending westward from the existing easement road. The portion of the easement road within applicants' property is proposed to be retained within a private road outlet 25' either side of the existing center line. Applicants propose that the existing house maintain its current driveway access to the easement road through the neighboring property to the east. Lot 4 is proposed to access directly to Lyman Avenue. With this layout, applicants intend to avoid construction of an interior full-width private road and cul-de- sac for their subdivision. This brings up the following issues: V- 'V.1 f\4\' V: k 1. Given the City's history of requiring all lots to be served by interior roads, is the nature of Lyman Avenue so minor that direct access to it causes no circulation problems? If that is the case, is the proposed driveway outlet acceptable? V , :* ^ 1 Zoning File #1617 January 16, 1991 Page 3 2. Under the current proposal, if the future developer of Lot 4 proposed to access to Outlet B, becoming the third user of Outlet B, would the City allow that without it being a full-fledged private road with cul-de-sac? The same question could be asked about Lot 3, although there is less likelihood of changing that existing driveway due to septic conflicts. 3. The City Engineer has briefly reviewed the sketch plan and driven the existing road, and makes the following initial comments: A, Perhaps the developer should be responsible for upgrading portions of Lyman Avenue to the standard 28' paved width and construct a cul-de-sac where applicants' existing driveway joins the easement road. He notes that steep topography in the area of the dedicated cul-de-sac further east would hinder cul-de- sac construction at that site. B. Certain design aspects of the existing easement road do not meet City standards for radius of curve, hence there is some question as to whether parts of the road should be relocated. If Outlot B was widened to 50' and provided with a 100' diameter cul-de-sac at its west end, it is likely that applicants would lose at least one lot. Septic Issues - The applicants currently have a failing septic system which needs replacement, hence both a primary and alternate site have been located within Lot 3. Each of the three new building lots has both a primary and alternate drainfield site located. On Lot 2, the alternate site is 60' from a low ponding area which appears to have been artificially created by a dam or berm at its west end. If it filled up, this area would be about 1/4 acre. This alternate drainfield site sits significantly higher in elevation than this intermittent ponding area, hence staff would not expect this pond to affect the septic system or vise versa. The applicants have not completed a topograhical survey of the property, however, the site evaluator indicates that the drainfield sites meet code requirements for maximum slope and are capable of supporting 5 bedroom homes. We are also advised that the tested sites are probably the only feasible sites on the property. Physical protection of the sites as well as covenant restrictions will likely be a necessary part of this plat. 4 A : • , ^ • Zoning File #1617 January 16, 1991 Page 4 Wetland Dedication - The City will require a Conservation and Flowage Easement be dedicated over the wetland in Lot 1; The low area within Lot 2 may be so insignificant as to not require an easement. Status of this "wetland" will have to be determined once topographic information is submitted. Park Dedication - As in all subdivisions which create new building sites, this subdivision would be referred to the Park Commission for determination of Park Land Dedication, or a Park Dedication Fee in lieu thereof. Staff Reccmaendation - The Planning Commission is requested to advise applicant regarding the following Issues of concern: 1. Is Outlet b acceptable as a 30* driveway outlet, or will the City require that it be a 50* outlet with 100* diameter cul-de-sac? If so, would this road have to be built as part of the subdivision? 2. Should applicants be required to upgrade Lyman Avenue, and should they be required to obtain an easement in the adjacent property to construct a cul-de-sac near their driveway intersection with Lyman Avenue? 3. Under the current sketch plan, does Planning Commission agree with the front, side and rear setback designations as proposed by the applicants (consider east lot line of Lot 1)? 4. Any other concerns? i j’ ’■>' I i 1^1 —rf m m CITY OP ORONO - SDBDIVISION APPLICATION PROPERTY LOCATION Site Address Avenue, Orono_ _ _ _ • -k/ ii '5^'-// S'' 3<-/ Property identification Nur.ber (P.I.D.) ^-33—3j-/ ^ CiTY if uRiM) ^ • i. U • -• i»r ut i Awu • «» M • • • • • 1 • • I • f »w'vvirvPlease check one - Property abstract or torrens? .S'(V*a w i V Attach legal description to application. (See Map) APPLICANT r .lEiK Ti!U »r.-y /•/. ^ c V « w • nnm\ i vU Phone (home) 473-8278 333-4800 Marc Name G. Marc and \ HhHehead__________ Phone (work)^41-3500 Tracy -'Ml50. COOl m TIU ; , -.n . Xw/ Lk*/ xdd-rA^c,. 1220 Lvrndri Avenue ___________ City; Orono _________ Zip:__55356-------- OWNER (if different than applicant) Name Same as above.___________ Phone (home) % Phone (wcr)c) Address:City:Zip; (attach list if more than one) existing land use Number of Tax Parcels _2 Development Size 9.15± T^T± Present Use (check) 11.35r Acres Dry Land Acres Wet Land Acres Total# all paresis Residential; no. of units Other (specify)_ _ _ __ 1 Present Zoning District RR-IS PROPOSAL Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) _ Subdivision for New Building Sites Number of Building Sites: I „ X Existing Units New Units Total Units Proposed Gross Density: Minimum Lot Sise: 1 Units per 2.8 Acres 87120_ _ _ Sq Feet Dry Buildable Land Proposed Use: (check)X.Residential Other (specify) \ , MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION Completed Application Form Preliminary Plat information on Certificate of Survey. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin Counry Department cf..Pinance A-603 Govt Center 348-3271). . • , • As an addendian to this application^ please attach a^ separate list of any other persons you wish notified of this application. rtification by Zoning Department that Preliminary Plat Application is mpleta. ning Official’s Signature_ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ _Date^_ _ _ _ _ _ _ _ _ _ _ Payment of fees (park fees, filing fee, sewer and water assessments). Signed certificate of survey or mylar copies of formal plat. Title opinion. Easements, Covenants, etc. Developers Agreement and Letter of Credit. SS rtification by Zoning Department that Final Plat Application is complete, ning Official's Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ _ _ 50.00 Sketch Plan Review (Class 1, II fi III)?150.00 Subdivision of a Lot Line Rearrangement Preliminary Review (Class I & II Subdivision) 250.00 250.00 Preliminary Review (Class III and all ncn-residential)300.00 + 20,00/Lot Final Plat Review (Class III) *(Plus any legal or engineering charges) 150.00* «e applicant hereby agrees to provide all information required or ►quested by the Zoning Administrator, City Engineer, City Attorney, Lanning Commission and Council necessary to process this application and irther agrees to pay all additional fees established by ordinance. plicant's Signature^ ner’s Signature Date 12/23/90 Date 12/28/90 plicant must have all submittals into the City offices 25 days before the .arming Commission Meeting. Planning Commission Meetings are held on the lird Monday of each month. Applicants must be present at all scheduled view meetings of the Planning Commission and Council. If an applicant is able to attend a scheduled meeting, please make arrangements to have an thorized agent attend in your place and to advise the Building & Zoning fice of this change prior to the meeting. -i '*1 “ .4 ■“•I w ZONING PILE NO. 1617 CITY OP ORONO P.O. Box 66 Crystal Bayr MN 55323 NOTICE OP PLANNING COMMISSION ACTION 473-7357 Date of Notice: 1/25/91 TO:Tracy & G. Marc Whitehead 1220 Lyman Avenue Wayzatar MN 55391 COPIES TO: TYPE OP APPLICATION: Subdivision (Sketch Plan Review) DATE OP MEETING: 1/22/91 VOTE: - For - Against Planning Coaaission recommends the following: No action required NOTES AND SPECIAL CONDITIONS: Planning Commission reached a concensus on few issues related to this plat. However, the general feeling was that this subdivision creates ?rt'h% \‘'p%^^c^nt°s•%;pere!" i^'-n^l^o'^e S^on 11.32, Subdivision 1 (A) provides for this improvement. There was no strong concensus on whether such upgraded portions should then e maintained by the City. Planning Commission left open the question of whether Outlot B should be allowed as a shared driveway for 2 lots only, or whether it must be expanded and constructed to City private road standards. Technically, if Lots 3 or 4 were to also use Outlot B, the 3rd user triggers the need for a road upgrade to private road standards, i.e. a 50 outlot with 24* paved road, and 80’ diameter paved cul-de-sac (Section 11.33, Subdivision 4). Outlot B as proposed could be allowed only if it is restricted so that Lots 3 and 4 can’t ever use it. Your case for leaving Outlot B as a 30’ driveway outlot serving only Lots 2 and 3, rests on finding a suitable access directly to Lyman Avenue for Lot 4, maintaining your existing access for Lot 3, and upgrading portions of Lyman Avenue in or adjacent to your property to the 28’ paved width required for more an 6 users. Planning Commission did not discuss the orientation of building envelopes proposed for each lot. As we discussed at the meeting, your next step should be to make a formal plat application. If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. Please call City staff if you have questions JAM 24 *91 15:33 MERILA & ASSOC.» INC. ' i P.Z/3 CITY OP OROHO - StXBDIViSION APPLICATIOI? ^ ^ _ _^ PROPERTY LOCATION Site 1220 Lyman Avenue, Orono snv y i ». !• » t -i • 40 *•«»- -• Property Identification Nunber (? Please check one - Property _ abstract or torrens? Attach legal description to application. (See Map) J. t %JI I AhtU applicant Name G. Marc and Tracv $. Whitehead a^^rftssi 1220 Lyman Avenue __________City:_0rono Phone (home) 473-S27&5 . 333*A800^ MdfS jjC ’.v O Phone (work)941»3S00 Tracv ■\rh- -T'K zipi T ; i Atn)nt OWNER (if different than applicant) Name Same as above._ _ _ __ Phone (home) Phone (work) Address;City:Zip; (attach list if more than one) EXISTING LAND USB Number of Tax Parcels _J- - - - Development Size ^ 9.15t 2*2 ± TT735r Acres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check)Residential; no. of units Other (specify)______ 1 Present Zoning District_?£ll2—_ _ PROPOs]^ _ _ _ _ _ _ _ Division for Tax Purposes Lot Line Rearrangement Only (no new building sites) y Subdivision for New Burldrng Sites Number of Building Srtes« ? T Existing Units New Units Total Units r ■ ^ ■r Proposed Gross Density: Minimum Lot Size: Proposed Use; (check) 1 87120 Units per 2.8 Acres Sq Feet Dry Buildable Land Residential Other (specify) L. . JAM Z4 '91 IS:33 MERILA 3. ASSOC.# INC. t \’dn a J R.3-'3 MINIMUM MATERIAL NECESSARY POR COMPLETE PRELIMINARY APPLICATION 1. CoaiDletsd Application Forti 2. Preliminary Plat information on Certificate of Survey. 3 Certified Property Owners List of owners within 350* (you must obtain this list from Hennepin County Department of .Finance A-603 Govt Center 348-3271)• -4. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. « ' Zoning Official's Signature___ _ _ ___ _ _ _ _ __ _ _ Date- - - - - - - - - - 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2! Signed certificate of survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning*Official‘s Signature^_ _ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ Date- - - --- --- PEES - Sketch Plan Review (Class I, II i III) Subdivision of a Lot Line Rearrangement $150.00 250.00 Preliminary Review (Class I & II Subdivision)250.00 $380.00 p^elijninary Review (Class III and all non-residential)300.00 + 20.00/LotmFinal Plat Review (Class III) ♦(Plus any legal or engineering charges) 150.00* The applicant hereby agrees to provide all information required or recuested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process t.his application and fu—.her agrees to pay all additional fees establis.hed by ordinance. Applicant's Signature Owner's Signature Date . ^25/91 Date 1/25/91 Acolicant must have all submittals into t.he City offices 25 days before t.he Planning Conwisslon Meeting. Planning Commisiion Meetings are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Conunission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. V 0UN OAH ItOt/fS KATCN M. COMTV raOKRTV rmmuTtM StSTTH Morctrr o««ks iisr »tmr Ml. px^ss4«i »A6C 1 PW» AOM CM€I MAM TAMArft MM/AOM \M Qt-n/>rs It 0001 OOtOO MOQONIU ■» MIQONIU COMIHV CLUB MMOMlll CNTHY CLUB too >«aONlLt M MATtAfA m SSStl SO ot-iit-ts n 0001 OltM LTMAM AVf HAOOAAfT S r« ruooAOfr \ roM lt»0 tr—M AVt MAYZATA rt< HSfl ot'iii'M n 0001 SNim AVf K J IlSXfCfO ITU 0 CAAT PirtOSXM lottl COtOOAOO 10 iiooniNoroN m (Mso /'‘•••..‘a m;"-- I ' 0000 AOOO OiO«f NAM Tamoaiir NAM/AOOO 10 ot-it7-n fi 0001 OOOAO SmiN AVf Viour H 61AI#C TMjmi vxoiir n oiAMf 40 SnlTN AVf MATZATA M4 iSlfl so oi-iir-ts n oooo 00000 SMITH AVf r 0 VOXOT ITAL OiAOVS VOXOT 00 SHXTH AVt HATZATA r04 SOStl SO ot-ii7>rs n ooof Oim LYMAN AVf C P OIStR AON PfSlA C PAUL A AAf N PfUA im LYMAN AVf S MATZATA m StSfL "14: OMCR NAM TAMATfO NAM/AOOO SO Ot-117-tJ tl 0000 OltSS LTNAN AVf C P PtWU ARM PfSfR C PAUL A RAO M PfSfJl ItSt LYMAN AVt S MATZATA Ml SSSfl SO ot-117-ts n 0017 OItTi LYMAN AVf H I A I T ICMILLAN H9000 A tLlZAOtTN NCMXLLAN IX Tf LYMAN AVf MATZATA m S0S91 SO 01 U7-1S n 0010 00100 SMITH AVf tmomas c hunt TNGMAS C NLt«T 1*0 SMITH AV MATZATA »0< 10191 0iV ' V d POOP AflOR OMCR NAM TAXPATIR NAM/AOOO SO SO-IM-tS SI 0010 OOOSO OROM OOCNARO RO N J L NUSPNT IIS SMITH JAMS MJRPHV A SANDRA SMTII SO ORONO ORCNARO RS N NATZATA Ml *0191 SO SO-llO-U SO OOCl OOOSO AOORtSS LOiASSlGMB STATC OP Mlltl STATf OP nirOI ISNRI ILUCf LXNC TRAIL I to SS-llO-XS 10 0001 OOOSO AOOAflS LMASSXfiNiD G MARC MlITrHlAO CTAL 0 MARC MIITINIAO 1X10 LYMAN AVt MATZATA Ml SSS41 PROP AOOR O0«R NAM TAHPATCR NAM/AOOO 10 U-llO-tS so 000% OltlO LTMAN AVf 0 NAOC MItTtNfAO tTU 0 NAOC Mil Tf MAO 1110 LTMAN AVI MATZATA lOi S0S91 SO is-lli-ts 1% ooos 000*0 ORQMI OOCHARO RO N 0 A 0 STRUTS 0 A I SARSARA A STRUTS *0 ORONO nRCMARO ROAD N MA tZAIA ASStl 10 IS*110-tS 1* 0010 OHIO ORCPO OASS OR OAT OAROfLLA DAVID T I TRCSA SAROCLLA !tS% VtOHO OAAS ORXVf LOM LARI rfl ISIS* CD A. OMOtR NAM TARPATfO NANf/AOOO SO si-iio-is so sou SHOO ORGNO OASS OO N A S Lll mapA 111 1200 OOOMI OASS ORXVl LONO LAAf m so SS>11S>2S S4 OOlf •0010 ADORfSS LStASSlGMO JAMS M MCCATTRIY JAMS M MCCATPRfT 9*Se ASPIN CXRCLf lOCN PRAIRIf m SfS*7 IS is-ll0«ts S% OOlS Ollis OlONO OARS DR CNfTlNM LUA COMPANY SUZAAOA K ;<LSON Ills ORONO OARS OR LONO LARf MN iSSSA •I •i * . ■UM OATt lZ/tS/90 •Am oot SlfCFIH COUirr propi PROpfRrr RTT INPTMNATXCM OTSTIN CMCRS list MPORT lA. PX*1S*01 PAfif 1 J V PROP AORR AOAR NAM TAMATIR NAM/AORR SO SS-llO^tS *1 RRlt OnoO LTMAN AVI S I PALMS A J M PA'JAR MIAN • • JUUA M PALMI 119R LTMAN AVf NATZATA m SS191 10 1S'110*IS *1 00t% OltOO LTMAN AVt R S I N N CORMAUL RICMARO f COAOlUL not LTNAN AVt MATZATA 101 SS191 TOTU SATCH m W’ •/ V*- 11 C) Ar 4. LO Cl (u>'P-D 00*2 % ______... I CftnfT nUT THI PACTS RPRMtWTtl AM AN ACCUUTt M« TU OtPMRtNfATIQN OP IMORMATIflN AO IT APPfAOS TMIS OATt ON THf RfCORM OP TRI HDONPtM COUNTY NIPARTMHl OP PROPfRTT TAMATXOH. TR THI OtST OP NP OUUP transpqrtatiq :!JUMS, 1980 6.THE CITY WILL PURSUE ADDITIONAL PEDESTRIAN AND BIKE-HIKE TRAIL FACILITIES. The completion of an interconnected biJce-hike trail system is important to the further­ ance of alternative transportation incentives. The City will encourage Hennepin County to speedi.ly implement the planned bike-hike trail system along several county roads. The separation of bicycle and pedestrian traffic from vehicular traffic is of the utmost importance in accident prevention. 7.THE CITY WILL PROMOTE IMPROVED MASS TRANSPORTATION SERVICES FOR URBAN NEIGHBORHOODS. Orono has established a Park and Ride Transit System. Orono encourages improved bus scheduling and improved service, especially at off-peak hours. Orono strongly supports the "Tonkamobile” program and encourages expansion to provide improved Excelsior-Wayzata service via Orono*s North Shore neighborhoods. RURAL TRANSPORTATION POLICIES 1.PUBLIC STREETS IN THE RURAL AREA WILL BE PRIMARILY LIMITED TO THE EXISTING COLLECTOR AND ARTERIAL GRID SYSTEM. The low rural land use density does not require nor can it economically support an extensive public street system. Rural lot arrangements have always been served by the existing grid streets and are capable of subdivision to the planned rural density without requiring additional public street investments. THE RING ROUTE CONCEPT UTILIZES AS MUCH AS POSSIBLE THE EXISTING RURAL HIGHWAY SYSTEM. The principal corridor for traffic from Minnetrista and points west utilizes Hennepin County Roads No. 6 and 19 and State Highway 12. The City of Orono has constructed a key link between County Roads 6 and 19. Additional ring route traffic uses the existing north-south collector roads to travel away from the Lake toward these principal travel routes. THE CITY OF ORONO WILL ENCOURAGE ALL NECESSARY ROAD SURFACE AND INTERSECTION IMPROVEMENTS REQUIRED TO ACCOMMODATE AND TO FACILITATE THROUGH TRAFFIC ON THE RING ROUTE. This will include cooperation with the City of Long Lake in accommodating traffic on Highway 12. CMP 7-11 TP^m<;portatiqr JUNE, 1980 4. r 5. 6. RURAL RESIDENTIAL DEVELOPMENTS WILL UTILIZE PRIVATE ROAD FEEDERS ?^pSr™E EXISTING PUBLIC Because of topographical density shape of rural land divisions, an . , lots of rural land use, most new rural residen ra^iirscr«:::s u £.oaa„a, maintenance excessively costly compared to any public benefit. Therefore, most new rural be directly served by privately owned and maintaine rLdiays! "New public streets will be accepted where a "through" configuration provides a benefit and/or where the number of residen - justifies public maintenance expense PRIVATE RURAL ROADWAYS WILL BE CONSTRUCTED ^0 RU^ DESIGN STANDARDS. The City will regulate private road design standards to ensure environmental protection and adequate all- wLther access to all properties. The type and width of road surface required will vary with the number of rfsidences to be served anc hence the amount ® vehicle usage. The length of dead-end roads limited for public safety purposes THE CITY WILL GUARANTEE REASONABLE MAINTENANCE LEVEL ACCESS ON ALL PRIVATE ROADS. In the process of approving rural subdivisions, the City will acquire underlying public ingress, egress, and access «"«««%?« .11 private roads. will ensure legal access of the public to all properties served by the private road. contracts backed by acceptable forms of financial responsibility will assure that all Private roa are designed and constructed according approved standards and specifications. T V will further guarantee that all private roads are maintained to reasonable standards at a ” through required maintenance agreements homeowner's associations, and that failure private group to so maintain their *«aded will be cause for the City to accomplish maintenance and to assess the benefitted properties for the direct cost of such maintenance. .i CMP 7-12 I transportation. JUNE, 1980 7. 9. DRIVEWA5T LOCATIONS AND RURAL STREET OR PRIVATE ROAD INTERSECTIONS S^^T b E LIMITED FOR TRAFFIC SAFETY. aural tra££ic -I c rr#»nerallv faster than that in urban n^ghborh^ds requiring greater sight ^ndTlesser number of intersection conflicts for the same degree of traffic safety. Joint use of carefully iLated private roads will ^ener^ly be preferred over direct access onto public highway from separate properties. rural trails ARE AN INTEGRAL PART OF THE TOTAL ALTERNATE TRANSFORATION aural trails o££er access to Countv Park Reserve Lands from all areas f / Rura^tr^ls offer horseback riding as well as walking anriicycie opportunities. The City will encourage comoJetion o£ ?he planned bike-hike trail system and ?he iriJats development o£ rural trails connecting the ouSlic «ail system with individual rural properties. ;;:fcLrwUI continue to -strict motorized use o trails within Orono as inappropriate to the trail s basic purpose and as incompatible with adjacent residential properties. the city will not promote MASS TRANSPORTATION SERVICES FOR RURAL ORONO. Th^ Planned rural land use density cannot economically support public transit services. Existing bus ® pass through the rural 'wavzata and urban Orono. These routes are sufficient: "r^rve Srono • s rural needs and will in additional rural service as the need for urban service increases. No new route locations are S««s!ry as rural residents desiring to use transit services will use the established park and ride locations in Navarre and Wayzata. ^ V • |’>-. y V; ■ .> ;'r-W • ■ 'h:i ■"v' CMP 7-13 cm.'.Fr TRANSPQPTATIO^^JUNE, 198C THF transportation PLAN Orono's location on the perimeter of the Metropolitan Urban has pretty well dictated that our Transportation Plan will 2 plan for streets and roads. Orono has no planning needs and has little planning requirement for mass transit. The is a plan to provide for local movement between residential and commercial centers, and for efficient commuter movement congested, environmentally sensitive lakeshore. Service Area be essentially for airports, principal need neighborhoods away from the The principle components of Orono's Transportation Plan are as follows; 1.DEVELOPING THE RING ROUTE CONCEPT including designation of collectors and minor arterials to direct traffic away from Lake Minnetonka. 2.DEVELOPING THE SCENIC PARKWAY CONCEPT including designation of parkways for slow-speed recreational access along the Lake Minnetonka shoreline and other scenically attractive routes. 3.DEVELOPING THE PRIVATE ROAD CONCEPT for access to low density rural residential properties. 4.PROMOTING REASONABLE LEVELS OF PUBIIC TRANSIT SERVICE FOR ORONO'S URBAN NEIGHBORHOODS including maintenance of the existing MTC bus routes and investigation of alternative public transit modes for commuter travel to the center of the Twin Cities region. ORONO*S ROADWAY ClASSTFICATTON SYSTEM A commonly accepted way to describe and analyze a transportation system is through a classification system which indicates different levels of services and different levels of construction standards. This Plan follows the classification system developed and adopted by the Minnesota Department of Transportation as applied to the types of roadways serving Orono. MAP NO. 14 INDICATES THE CLASSIFICATION PLAN FOR STREETS AND ROADS IN ORONO. This plan is consistent with the regional transportation plans and facilities of the Metropolitan Council, the Minnesota Department of Transportation and the Hennepin County Department of Transportation. This plan is consistent with the roadway systems of adjoining municipalitxes and with Orono's urban and rural land use plans. The following descriptions provide detailed explanations of each of Orono's roadway classifications. 1 . h ■ r / CMP 7-14 hi. transportation JUNE, 1980 PRINCIPAL ARTERIAL A Principal Arterial is a grade-separated, high with wayzata. INTERMEDIATE ARTERIAL An Intermediate Arterial is a controlled-access, major traffic generators without direct access to residential properties. State Highway 12 is an Intermediate Arterial through Orono although many access and intersection characteristics are typical ot a minor arterial or collector. JURISDICTION: STATE DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY WIDTH: MINIMUM 100 FEET FOR TWO LANE HIGHWAY MINOR ARTERIAL A Minor Arterial is a controlled access, moderate capacity street or highway designed to move vehicles within planning subregions and between adjacent subregions. The Lake Minnetonka Ring Route is a arterial functioning to move, principally commuters and truck traffic, from the western Lake Minnetonka communities into the urbanized areas of the Twin Cities. The minor arterial route channels traffic away from Lake Minnetonka to State Highways 12 and 55, and in the near future, to a direct intersection with Interstate 494 in Plymouth. Land use access is intended to be limited to major traffic generators and local street intersections without direct access to individual residences. JURISDICTION: HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY WIDTH: MINIMUM 80 FEET FOR TWO LANE HIGHWAY COLLECTOR A Collector street functions to collect traffic from local streets and move it to neighborhood activity centers or to intersections with minor or intermediate arterials. Local land use access is permitted with other collectors are often controlled with signals or with four way stop signs. Traffic usage is moderate. 4 JURISDICTION: COUNTY OR CITY RIGHT-OF-WAY WIDTH: 60-66 FEET CMP 7-15 .1 p TRANSPORTATION JUNE, 1980 SCENIC PARKWAY Scenic parkway is a designation and classification used— - - - - - - -,- -— ^ by the Cities of Minneapolis and Saint Paul and applied by Orono to those roads which traverse especially scenic and environmentally significant areas of the City. The scenic parkway is typically a narrow, curvy, slow speed road which provides access to recreational areas and special vistas of scenic attractions. High volume through traffic and commercial traffic is not appropriate on scenic par’ways because these users do not benefit from the attraction and because the physical nature of the roadway is not conducive to efficient through traffic movement. Because of environmental sensitivity, scenic parkways cannot be rebuilt into higher capacity collectors or minor arterials without adversely affecting the natural setting, the scenic quality of the road and/or the property rights of abutting landowners. Because of the natural topography of the area, scenic parkways also provide some of the traffic and local access functions of both local and collector streets. JURISDICTION; COUNTY OR CITY RIGHT-OF-WAY WIDTH; 50-66 FEET LOCAL STREETS Local streets are public streets that function to provide direct access to abutting properties. Local streets carry traffic within neighborhoods rather than through traffic between neighborhoods. Inter­ sections with collector streets are controlled by stopping the local street traffic. JURISDICTION: CITY RIGHT-OF-WAY WIDTH: 50-60 FEET DEAD-END; LENGTH WILL BE LIMITED BY PUBLIC SAFETY CONSIDERATIONS PRIVATE ROAD A private road is a privately owned and privately maintained road, located in the rural area or within a planned development, that functions as a local access street. The City will require that private roads be constructed and maintained to City standards. The City will acquire an easement for public ingress, egress and access to all properties but the City will allow the property owners to limit normal use of the road to the benefitting landowners and their invitees. Private roads will be located on platted outlots intended for joint and several ownership by all the benefitted property owners. JURISDICTION; HOMEOWNERS ASSOCIATION WITH UNDERLYING EASEMENT TO CITY MAXIMUM SERVICE; APPROXIMATELY TEN RESIDENTIAL PROPERTIES RIGHT-OF-WAY WIDTH; 30-50 FEET DEPENDING UPON NUMBER OF USERS DEAD-END; LENGTH WILL BE LIMITED BY PUBLIC SAFETY CONSIDERATIONS CMP 7-16 \ TRANSPORTATIOll JUNE, 1980 I I } I I I .* : .« i I 1^. and the street. JURISDICTION; PROPERTY OWNER ? MAXIMUM SERVICE; 1 RESIDENCE TYPICAL; JOINT DRIVEWAYS ALLOWED WITH ^ MAXIMUM THREE RESIDENTS PER DRIVEWAY IN RURAL AREAS / MORE USERS REQUIRE PRIVATE ROAD STANDARDS DRIVEWAY WIDTH WILL BE .ATED WHERE MORE THAN ONE USER IS INVOLVED OR FOP : SAFETY PURPOSES WHERE THERE IS EXCESSIVE LENGTH f THE RESIDENCE AND THE PUBLIC ROAD EXISTING ROADWAY MAINTENANCE JURISDICTIONS ARE REASONABLE AS THEY RELATE TO THE CLASSIFICATION PLAN. The State of Minnesota has approprxate jurisdiction over the only Intermediate Arterial in the City. The Hennepin County Department of Transportation has jurisdiction over the only Minor Arterial designated in the Plan. It is anticipated h Hennepin County will assume jurisdiction in the future over the City- built ring route link between County Road 19 and County Road 6. Hennepin County has jurisdiction over most of the designated Scenic Parkways which is appropriate in that these roads serve as access to Lake Minnetonka and to County maintained landings for many County residents who do not reside in Orono. The City has jurisdiction over those scenic Parkways that are away from the immediate lakeshore, including the access road to the Orono Golf Course. The City has appropriate jurisdiction of most of the Collector and of the local streets which serve all Orono residents. Certain key street segments have been designated for Municipal State Aid construction assistance, including; OLD CRYSTAL BAY ROAD from County Road 6 to Fox Street, County Road S4 WILLOW DRIVE from County Road 6 to State Highway 12 and from the Long Lake border to Fox Street FOX STREET from Willow Drive to County Road 146 McCulley. Road (Ring Route link) between County Road 6 and County Road 19 Finally, individual property owners have appropriate private jurisdiction over those Private Roads serving only their individual properties. r CMP 7-17 9 - ■ y> w 5 11.30 qpr 11 30 REQOIREMEHTS FOR IMPROVEMENTS, RESERVATIONS, AND DESI(^ - improvements . Subd. 1. Conformance to Applicable^ Rules and « 1 Tn to th® reouireinents established herein, airPinL Subdivisions‘shall comply with the following laws, rules and regulations; A All apDlicabie statutory provisions. B.* The Zo'ning Chapter of the City Code, building and housing codes, and all other applicable laws of the appropriate jurisdictions. County Highway Department if the subdivision or any lot contained therein abuts a State or County highway or connecting street. D. The standards and regulations adopted by the City Engineer and all boards, commissions, agencies, and officials yfs of the City. pertinent standards contained within the 1r^n Qublished by the Metropolitan Council, LaKe MlX^nkrconset^atiln^ Minnehaha Creek Watershed Dlstriotl^ Department of Natural Resources, or any other public corporation having jurisdiction over the land. Subd. 2. Subdivisions Straddling Municipal and School District Boundaries. Whenever access to the subdivision is required across land in another local government, J r*ortiiP*;t assurance from the City Attorney that access is legally established, and from the City'Engineer ^^^l^bgln^duly to cross municipal and school district boundary lines. Subd. 3. Monuments. The applicant shall place permanent., reference monuments in the subdivision as required by State Statutes. Subd. 4. Character of the Land. Land which the Council finds to be unsuitable for subdivision or ur.v&.r.s;;:S not be subdivided or developed unless adequate raeth b/ the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger. ORONO CC 453 (4-1-84) i § 11.30 Subd. 5. Subdivision Name. The proposed name of the subdivision shall not duplicate, or too^ closely approximate nhonat-icallv the name of any other subdivision in the area covered Ev t%is Chapter Thr Council shall have final authority to dLignale th/ntine of the subdivision which shall be determined at Preliminary Subdivision approval. SEC. 11.31. LOT IMPROVEMENTS. Subd 1 Lot Arrangement. The lot arrangement shall be such that ther; will be no foreseeable difficul^ ofwill be no toreseeaoie airLicuxuxcsi, i.wi. ^ lopVtaphy or other conditions, in securing building permits to ^ bSLI onMl lots in compliance with the ^^onin, ^hapter of the City cSde a°nd in providing drivew’ay access to buildings on such lots from an approved street. •^Subd. 2. Lot Dimensions. Lot with the minimum standards of the Zoning Chapter of the City Code. Where lots are more than double the minimum required area for the . /5ie4-r-ir»h Citv Hiav TGCuira that such lots bG arrangGd so ;S. 11 j.. to curving street lines) unless a variation from flivA a better street or lot plan. Dimensions of corner lots shall onnnah to allow for erection of buildings, observing the Sinimul. fron/ yard setSL' from both streets. Depth and width of properties reserved or laid out for industrial Durooses shall be adeauate to provide for the off street pafking ani loa^^^^^^ facilities-reguired for the type of use and development contemplated, as established in the Zoning Chapter of the City Code. Subd 3. Lot Area, Minimum. The minimum reauireraents for each proposed lot as prescribed in the oninq Chanter of the City Code. The lot area must also comply ^he on-site septic system provisions of the City Code. Vnhlic and nrivate riuhts-of-way, or vehicular or pedestrian easements, or surface areas below the ordinary high-water mark ^o water or wetlands or flood plain areas may not h® used in order meet any portion of the minimum lot area requirements Subd. 4. Lakeshore Lots. The granting °f which purport to grant access to the lake to any uses including but not limited to docking, mooring, swimming, and launching of boats is prohibited and shall be deemed a f this Chapter and subject to all of the penalties and procee g set forth herein. Subd. 5. Double Frontage Lota and Access to Lota ORONO CC 454 (4-1-84) - ,A. S 11.31 A. Double Frontage Lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide seoaration of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. B. Access From Any Arterial Roadway. Lots shall not, in general, derive access exclusively from an arterial roadway. Where driveway access from any arterial roadway may be necessary for several adjoining lots, the Council may require t-at such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring venicles to back into traffic on any arterial roadway. Subd. 6. Soil Preservation, Grading and Seeding A. Soil Preservation and Final Grading. No certificate of occuoancy shall be issued until final grading has been completed in accordance with the approved final subdivision and the lot precovered with soil with an average depth of at least six (6) inches which shall contain no particles over two (2) inches in diameter over the entire area of the lot, except that porwion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least three (3) incnes of cover on the lots and boulevards. B. Lawn-Grass Seed and Sod. Lawn-grass seed shall be sown at not*less than four (4) pounds to each one-thousand (1,000) square feet of land area. The seed shall consist or a maximum of ten percent (10%) rye grass by weight and a ninety percent (90%) of permanent bluegrass and/or fescue grass by weight. All seed shall have been tested for germination within one (1) year of the date of seeding, and the date of testing shall be-- on the label containing the seed analysis. All lots shall be seeded from the roadside edge of the unpaved right-of-way back to a distance of twenty-five (25) feet behind the principal residence on the lot. No certificate of occupancy shall be issued untix respreading of soil and seeding of lawn has been completed; except that during the period of the year when seed cannot be sown, the property owner and/or developer shall submit an writing to assure that respreading of soil and seeding of lawn will be done during the immediate following planting season, and shall leave a security in a form acceptable to the City for performance in such an amount as shall be determined by the City. me developer may choose to include final lot grading and required mwn grass seeding improvements in a subdividers agreement and shall leave a security in a form acceptable to the City for in such an amount as shall be determined by the City. Sod may be used to comply with any requirements of seeding set forth herein. ORONO CC 455 (4-1-84) J u r [■■n! s 11.31 C. Lot Drainage. Lots shall be graded so^ as to • 1. • ^ Awav from aXX buiXdiriQS and individuaX ?o?''drainaae shLl be clocdinated with the general storr. drainage the area. Drainage shall be designed so as to avoid Concentration of sto^m drainage water froa each lot to adjacent lots. Subd 7 Debris and Waste. No cut trees, tiinber, debris, Te'^bur^^r^in^'any^^'and, °o\®left o? materials of at the time of the issuance of a ff'’°the pertotm^anVe^ or dedication of public improvements, whichever is sooner. Subd. 8. Waterbodies and Watercourses. If a ^J^ct subdivided s°h^lf bV'so'"d'rlwn at tt distribute theportion thereof, lot lines shall be s adjacent entire ownership of those areas among t „herebv theTe“council marepprove an alternative plan whereby the :te"sh(p^ Of tr{espon|i^^^^^^^ wte« .-Plates ^the /a-^e™ f« “«allation''of a culvert or other structure, of design approved by the City. Subd 9 Performance Bond to Include Lot Improvement, r * * Ki^nri <;hAll incXud6 amoufit to guarante6 S€"ST4oSrp^%%\%v%%"^ Sttn-trasrUtding', removal of debris and waste, fencing, and all other lot improve*- ents required by the City. SEC. 11.32. ROADS. Subd. 1. Off-Site Premises; Roadways. Shall have adequate access frot, e x s JS: “u^bi'i=n*oaltV; i°nll"u^Tnrb- "m*!t^^=?o “"C^xUting^ hi ?idillef aV°h"ts m ORONO CC 4S6 (4-1-84) *.:r i- .. ■): '4 m . ri>|||^ s 11.32 saf<=“*v and welfare of the citizens presently using the roadway and in the future will be protected and will not be adversely affected bv the increased use of the roadway caused by the subdivision. This improvement shall be accomplished prior to final subdivision approval unless the City agrees and the subdivider provides a suitable performance bond to complete the improvements in the subdivider's agreement. B. Access to Improv'-d Public Roadways Over Existing Private Roadways*. Wherever the area to be subdivided is to utilize an ex’ iting private roadway in order to gain access to the public roadwdYf such private roadway shall be suitably unproved as provided herein above for public roadways. — Subd. 2. On-Site Roadways. A. Grading and Improvement Plan. Roadways shall be graded and improved to conform to the City's construction standards and specifications and shall be approved as to design and specifi­ cations by the City Engineer, in accordance with the construction plans required to be submitted prior to final subdivision approval. B. Topography and Arrangement 1, Roadways shall be related appropriately to the topography. Roadways shall be curved wherever possible to avoid conformity of lot appearance. All roadways shall be arranged so as to obtain as many as possible of the building sites at, or above, the grades of the street. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of this Chapter. 2. All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated right-of-way as established in the Comprehensive Municipal Plan. 3. All thoroughfares shall be properly related to specific traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses. 4. Roadways shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to oermit efficient drainage and utility systems, and to require the*minimum number of roadways necessary to provide convenient and safe access to property. 5. The gridiron roadway pattern need not necessarily be adhered to, and the use of curvilinear roadways or 0-shaped roadways shall be encouraged where such use will result in a more desirable layout. ORONO CC 457 (4-1-84) 4 V m ; c ? V ^ / ' S 11.31 fi Cai-de-sacs shall be discouraged? prcoosee roadways shall be extende ^ hv**toDoaraphy or other physical condi- subdivided, inion of the^C^ity such extension is not tions, or for the coordination of the layout of the subdlvYs^ion «uS the existino layout or the most advantageous future development of adjacent traces the roadways and location^of^ra^ a"* with the loading and maneuvering areas, aitfthe provisions o£ alleys, truc^ minimise conflict of movement Se%weV"the'^vLio"u’s "pe^ of traffic, including pedestrian. In business and industrial developments. C, Blocks. (i) Ae°rs of lots of appropriate depth^ provide for two block width shall be permitted ii bSaTjac^nt to arterial roadways, railroads, or waterways. .. HHV.S£43 development contemplated, b v,,inHr#»rf fl 500) feet or twelve sLll not exceed one in the ^on^^^^^ district. (12) times the minimum i„ length from centerline nor be less than four hundred (400) practicable, blocks rionT«t^eV’uif ^ess than one thousand (1,000) feet in length. 3. In all blocks the City shall reservation . i an easement through the block ^to^accommod^^ ties, drainage ^^^^,^^^^®Aan°ten*a0) feet wide, may be required hf or crosswalks, blocks raor- than eight hundred (80«the City through the circulation of access feet long where deemed essential P transportation, or othe* to schools, playgrounds^ sh^^ industrial uses shall to orsuoh''Lng“h and width as may be determined suitable by the Ci^ for prospective use. n Access to Primary Arterials^ 1. The subdivision of lots as to back on« the arterials and front canto / tetiil,°'an^ ahall S: «/^p°''oS" UnV°aVn“^%he“rVa“r property line of sue. lots. ORONO CC 458 (4-1-8A i ^ t .. § 11.32 2 A series of cul-de-sacs, U-sha?ed streets, lots backing onto the arterial. 3 A marginal access or service road separated from the arterial by* a‘planting or grass strip and having access therBto at suitable points. subdivision approval and assig Administrator. Names postmaster .hall be consulte y snelling from other Shall be tl cause confusion. A road which ,oadr«“<=*if„n‘d%f a%o°ntfnuation of an existing road shall bear the same name. F Road Regulatory Signs. The subdivider shall hhp'citv at the time of final subdivision approval the deposit with the City at tne rirae sum of money as^ d^^^^ tL City s^hall install all road signs i^i:?^^fs^s°u"an=cr If^Sic-s the streets approved. ; nt-ersec tions with*n or abutting the ^Sb7i\7s\a \’'h^e^"trpe*anf loJStio'n^%=f “w°hich to be approved by the City. G Reserve Strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such manner as to diny access from adja.-ent property to such street. H. Construction of Roads and Dead-End Roads convenient ' and where such continuation is in 2. Dead-End Roads (Permanent). Where a road does not extend to the “®£or “^cUVs'\^^djlin^^continuation is .required by the City for 3„eh EHCoilVX'^ap'rrUr®^^^^^^ ^Tem^'n't t"S%cco;mrd"ate*'’dr“rna'ge ORONO CC 459 (4-1-84) I 4 § 11.32 i’tthV'en^a oWp«.a°nenfdeadilna 5!t^t;rc^t^^f=%^^truc.i/asta -d specificat.on. Poc SEC. 11.33. DESIGN STANDARDS. ........ ‘S?;.!*;.,"KJoS.S'*?; and to coordinate roads so as to compose a convenient s?ftem and avoid undue hardships to adjoining properties, the following design standards for roads are hereby required: A Road Surfacing and Improvements. After the rhr'surd^vlfeV's“hV^^i*onsfr-=t^Vri \"ird^^a^e^™^en;t- Se^ iKlS‘rirt!on^1?rnt rsu\^:i\\e^/ for final subdivision approval. 3 Right-Of-Way. Rights-of-way shall be in accordance with the following performance standard: 9 1. Minimum Right-of-Way Widths. Principal Arterial Intermediate Arterial As recommended by the State Department of Transportation Minor Arterial 80 feet Collector Local Parkway Cul-de-sacs 70 feet 50 feet 100 feet 50 feet radius 2. Rights-of-way are needed for future roadways in the opinion of the City. 3 Rights-of-way widths or additional widths , f*4rth♦*Q—rt^—wav in excess of the standards designate in excess of three to one. ORONO CC 460 (4-1-84) fe,- :d 11 lAi § 11.33 Subd 2 Railroads and Limited Access Roadways. follows: A. In residential districts a buffer strip at least 25 feet in depth in addition to the normal depth or the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access roadway. B. In districts zoned for business, commercial, or industrial sites. parallel to the railroad when intersectinq a street which crosses the railroad at grade shall be aS a distance of at least 150 feet from the railroad right-on-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients. D. Streets crossing the railroads shall be avoided. Subd. 3. Intersections. A Streets shall be laid out so as to intersect as than two (2) streets shall intersect at any one point unless specifically approved by the City. B. Prooosed new intersections along one side of an existing street shall coincide with any existing intersections on the opposite side of such street. Intersection jogs with center line offsets of less than 150 feet shall not be permitted, except ‘Jixrs: ... apart. C. Minimum curb radius at the intersection of two (2) local streets shall be at least fifteen (15) feet; curb radius at an intersection involving a collector local streets in a commercial or industrial area shall be at ^®a twenty-five (25) feet. Alley intersections and abrupt changes in alignment within a block shall have the corners g" accordance with standard engineering practice to permit sa vehicular movement. ORONO CC 461 (4-1-84) S 11.33 D Intersections shall be designed with a flat stooping acea of at least thirty (30) feet in a residential area stopp*iig*' arei°Ulll V"designeT to°9^ Tmaximim gr\de of two (2) percent. S Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the suodivider shall cut such ground and/or vegetation (including trees) in connection with the grading of ^ deemed necessary by the City to provide an adequate sight distance. includingF. The crown of all streets, intersections, shall be three percent (3%) or less. her.in is ^ard’er^-r lia"y' tio^) and may be subject to change. Soil borings may be required to be determined by the City. Private Street ■ Residential Units R.O.W.* 3-6 50' Over 7 ♦ • 50’ / Public Street - Residential M.P.W.** 24' Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface 28'8" Class 5 100% crushed 3" 2341 Bituminous Surface Units 3-10 R.O.W.* 50' M.P.W.** 28* Section 8" Class 5 100% crushed 3" 2341 Bituminous Surface Over 10 32'8" Class 5 100% crushed 3" 2341 Bituminous Surface Maximum cul-de-sac length - 1,000* Maximum number of units on cul-de-sac - iQ Public Street - Commercial or Industrial Units 1+ R.O.W.* 70* M.P.W.** 32' Section ort r'liiQCf A 8" Class 5 100% crushed 4" 2341 Bituminous surface * Right-of-Way Width ** Minimum Paved Width ORONO CC 462 (4-1-84) § 11.33 Subd. 5. Horizontal and Vertical Control. > IP Functional 1 a cs Q Design Soeed Vertical Control Maximum Gradient Horizontal Minimum W Xd9 w Private Street- (residential) 30 MPH 12%275 ' Public Street- (residential) 30 MPH 10%275' Public Street- (cora. & ind.) 40 MPH 8%400' « 5 Source: City Code Effective Date: 4-1-84 (Sections 11.34 through 11.39, inclusive, reserved for future expansion.) . • r ;a 'SIM W" ij'. A‘ •f mm V'' ORONO CC 463 (4-1-84) »»• f. § 11.40 SEC. 11.40. ROAD DEDICATION AND RESERVATIONS a new subdivision, the other half of the street shall be imoroved and dedicated by the subdivider. The City may authorize a n«w oeriraeter street where the subdivider improves and dedicates She fntirV requ\'«d street right-of-way width within his own subdivision boundarias• r^^fllanmert ot such roads. Such frontage toaas ana streets shall Se improved and dedicated by the subdivider at his own expense to the full width as required by this Chapter. Subd. 3. Land reserved for any road purposes may not ^ counted in satisfying yard or area t®qoicemen.s of the Zoning Chapter whether the land is to be dedicated to the City in fee simple or an easement is granted to the City. SEC. 11.41. DRAINAGE AND STORM SEWERS Subd. 1. General Requirements. The City shall not koorove anv subdivision which does not make adequate flood wkter runoff. Surface water drainage patterns shall “rLlSod^as approved by the City, and a copy M-nn<» shall be submitted along with plans. inxecs snaxx provided so that surface water is the made for flow beyond that point, and basins stiaix oe intercept flow at that point. Subd. 2. Nature of Storm Water Facilities. water that may exist fither previously to, or as a resu the City's conswruction standards and specifications. ORONO CC 464 (4-1-84) * 1 ZONING FILE NO 1570 CITY OP ORONO P.O. Box 66 Crystal Bay, MN NOTICE OP PLANNING COMMISSION ACTION 55323 473-7357 Date of Notice: 1/24/91 I - TO: Chuck Downey 2665 Casco Point Rd Wayzata, MN 55391 COPIES TO: TYPE OP APPLICATION: Variance/Conditional Use Permit DATE OP MEETING:1/22/91 VOTE 6 For 0 Against Planning Comission recomends the following Tabling all action on your application until either you as applicant or an authorized representative is able to attend. Staff will reschedule your application before the Planning Commission at their February 19, 1991 meeting. Please note this is a Tuesday night. Please see that an authorized representative is able to attend to represent your interests if you find that you are unable to attend the regularly scheduled meeting of the Planning Commission. '!> ■ /•« m Wm V .iiiiifiiirr-|ti siiaiiii iiiiii' iiii ! pr To Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson 5 From: Date: Jeanne A. Mabusth, Building & Zoning Administrator February 13, 1991 Subject: #1609 Alice L. Brock, 2780 Shadywood Road - After-the-fact & Proposed Variances - Public Hearing Pertinent Ordinances - Section 10.22, Subdivision 2 (A) - 75-250' setback area. A) After-the-fact portion of application involves the net increase of 104 s.f. for a lakeside deck reconstructed without the benefit of a building permit (former deck 10'x28' or 280 s.f., current deck 12'x32' or 384 s.f.) B) Proposed variance portion of application involves a 4'x48' second story deck/catwalk providing connecting link to lakeside deck. last of Exhibits - Exhibit A Exhibit B Exhibit C ■ Exhibit Dl- Exhibit El Exhibit F • Exhibit Gl- Exhibit H • Exhibit I • Exhibit J ■ Application Property Owners List Plat Map 2 - Applicant's Written Comments •2 - Neighbors' Acknowledgement & Comments Deck Plans 2 - Assessor's Records, 1971 Photo of Former Deck Applicant's Site Plan Staff's Amended Site Plan Review of Hardcover Pacts - 1.0-75' setback area « 9,675 s.f. Existing » approximately 150-200 s.f. of landscape area underlain with deteriorating patches of plastic It appears to be in such a deteriorated state that it would be permeable to runoff. Planning Commission members are asked to confirm the findings of staff's inspection. 250-500' setback area = 17,544 s.f. - 130 s.f. of access drive serving residence to east for a net area of 16,714 Allowed Hardcover * 4,178.5 s.£. or 25% ■ m imh I'l i Existing Hardcover = 5,093 s.f. or 30.4%*^ Proposed Hardcover = 5,392 s.f. or 32.2% increase of 299.2 s.f. or 1.79%*^ House *= 1,376 + 145 s.f. =* 1,521 s.f. Garage = 612 s.f. Drive = 1,058 + 1,260 = 2,318 s.f. Former Deck => 280 s.f. Deck Steps = 52 s.f. Front Steps = 42 s.f. Landscape Area = 84 + 112 + 72 =* 268 s.f. Eaves at 4' width above proposed deck not included in hardcover calculation as City has never made final determination for eaves in excess of l*j' width. The second story deck (4'x48.8') = 195.2 s.f. The new deck (12'x32*) results in a net increase of 104 s.f. of hardcover. Please review Exhibits D1 through D2. The applicant's written comments will help to provide Members with background on the after-the-fact aspect of chis application. As with many penalty applications, the owner is left to resolve the unfortunate actions of a contractor. Review Exhibits G and H, the original lC'x2S' ^ieck recorded in the assessor's records and the real estate photo of the lakeside of the house confirm the existence of the deck at approximately 10'x28*. Note the 1971 date of the assessor's records confirms that the deck was constructed prior to the laJceshore regulations of the City. The deck was replaced with a new deck measuring 12'x32'. All but 3 of the footings are considered new construction. In reviewing aerial maps of the area and upon a site inspection, there appears to be no problem with an average lakeshore setback. The second phase of this application involves the applicant's request for a second story deck or catwalk along the east side of the residence. The catwalk deck would link to the second story lakeside deck providing a secondary access from the rear second story bedroom (review Exhibit J). Applicant is concerned that if fire comes up the centrally located staircase, the only available egress from the second floor rear bedroom is at the patio doors leading to lakeside deck. As already noted in the factual findings, the 4 ’ overhang has not been included in the hardcover calculations. The 4' deck/catwalk would result in 195.2 s.f. of additional hardcover within the 75-250' setback area. The comprehensive variance application would ask for approval of an increase of 299.2 s.f. or 1.79% of additional hardcover (104 net increase for new deck, 195.2 for proposed second story deck). --------------------------1^1111 I ai k. w I ^ V . f CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) rrrv rr 1.^ r ^ L’( **il* f*"'L V f ift I iWi.fTi .-rV,-, wwv» PROPERTY LOCATION Site jl-h.) SM-AbStCoci::> wwv» “rw k/ X OL.M i. f tut. f \ I u r»•T ,vt wW V • %'V CU -' • w Property Identification Number (P.I.D.)^ / ■ ■■ Tx 7 u* 7—V uv'va ayx » v •£.! //I 9.3 00^1 Attach legal description to application if not included on required survey. [>\ I ‘ &k‘C9CC^C^C Phone (home) b ! ^ ^ ^ Phone (wor)c) _ _ _ ■. ^l^C: ■■5v^(>/tL'i^l'y).€'4ltY= Zip: OWNER (if different than applicant) laJName •^“7 Lc o — 51:!^ ■ ..t- Phone (home) U ' H ~1^ ' ^ ^ ___ Phone (work) o " /t;:2ip:_______;>>ddress: 3^ }< a I I j^O_ _ _ _ _ _ _ _ _ (month/year/, ji'^'bate. Property Acquired I (do)<^do not)) also own the adjacent parcels of land _ __jr-_ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PRESENT USE OP PROPERTY DESCRIPTION OF REQUEST Estimated Construction Cost $ ■V7feL>00c> : hh cic^CkL , Cl^'TiCA-uU^'^h:>Describe request in detail VARIANCES REQUIRED Lot Area Lot Width V:Hardcover ■V* • t " / Setback Variances ( Other Front Side Rear)•• -• •^ m • HARDSHIP Describe undue hardship or practical enforcement of zoning regulations;_ 77 JL 4 14 DESCRIPTION OP DNUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements:_ _ _ ___ _ _ _ _ _ _1 d. ... * .4 jC^K^iction For. ^ Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department j3f Finance A-603 Govt Center _ _ 348-3271). -'i•- y Plat H^p (obtained with property owners list). 7T^) Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 3%"xll" for reproduction). ScqpiQgraphic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide cne copy 8J<"xii"). S)cetohes or plans of floor & elevation views (provide 1 copy 8J5"xll"). As an addendum to this application, please attach a separate ist of any other persons you wish notified of this application. Additional items as may be requested by City staff. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember chat your variance application is not complete if the—above Information has not been included. APPLICANT'S SIGNATURE Tie applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her Jcnowledge. Applicant's Signature ONHERS SIGNATURE The owner hereby ackoi^ledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga­ tion and verification of this request. ’ Owner's Signature Lo Date //-2 3^fO ry-Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants maslTbe present at all scheduled review meetings of the Planning Connisslon and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. I A I i i^eiin Ll ,1li. .: f fH h. , jJ '■ t nf :i r? I Vr;& » MM DATE ! ’-4r } MM DATE U/t0/90u ■ ]:. f; ^ ‘i? ^ * it BATCH dor i)PRdE?AOfm 0»MiR NAHB TAXPAYER iti jjNAHE/AMHr'' I r i4V'se)- El-fit V I S' - \ V .* • : { " i '* '■ ■ ' (1 -■ { I I K-if I. f•if ; -lir'ES 2<t 0009 0E775« iSHAOYHOQO RO , J A H-FLEISCHHACKER JOSEPH F. FLEISCHHACKER AND HEMCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OFI4ERS LIST M-! HH: HAROUERITE. FLEISCHHACKER 2776 SHAOvkxX) RO . , I EXCELSIOR MN 55331 ' » I . 38 21-117-23 2^ 0035 00036 ADDRESS UNASSIGNED J P t N H^TEBBINS 'JEFFREY P STEDBINS ; 2795 SHADY^IOOD RO ORONO HN 55331 !■ » PROP A OltCR NAHEU TAXPAYER il|;l{AUCE 21-117-23 2A 0| 02780* SHADY : 11 I :elsxor hn ^JJPPOP AOORU >1*i!oiOCR NAME taxpayer ,ti ”*•* i NAME/AOOR X c* I. i » ¥ #*r •; i • < ■<r ■' i; i 'I ■ 58. 21-117>23 29 0059 ,02771 .SHAOYHOOO RO !r 8 A H J OGLE jRICHARD 6 A MARLYS J OGLE 1*2922 OAKLAND AVE SO , i -N^O 21-117-23 29 0092 02Q00 SHAOYHOOO RO R H'^ROELOFS A J 0 ROELOFS RONALD HSOELQFS 2COO shaoyhOod-ro- -« ; EXCELSlOli MN 55331 •IK I 30 21-117-23 29 0065 02790 SHAOYHOOO RO ELAINE T PA60NIS ELAINE T PAGOtUS 2790 SHAOYHOOO RO ORONO MN 55331 .r I .*t K *'REPORT NO. PI93S901 PAGE 22 ^38 21-117-23 29 0090 '02760 SHAOYHOOO RO HILLIAH A.ANDiRSgN • HILLIAH i ANDERSON 2 76(L SHAOYHOOO RO XCELSIOR MN 55331 38 21-117-23 29 0054 02785 SHAOYHOOO RO T J CASEY A S 0 CASEY THOMAS J CASEY 2785 SHADY HOOO RO EXCELSIOR m 55331 CD 38 21-117-23 31 0002 02795 SHAOYHOOO RD J P 2 N H STEDBINS o JEFFREY P STEBOINS 27C5 SHADYHOOD RO ORONO MN B533I ( ■ i /• \i-. d < • I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INF0RMATI0I4 AS IT APPEARS THtT DATE ON THE RECORDS ; OF THE HENNEPIN COUNTY DEPART|tE^^T OF PROPERTY j AXAT10N» TO ME BEST '• OF HY KNQHLEDGE ANO BELIEF. p i • £ *1 ..t .. i>V t V CO . n d i; . #1609 ^ Ifil TEBL'ACHEiy3>—yr "TT. GOVT LOT 4 •V GOVT LOT 3 i m- November 20, 1990 1 JL City of Orono P.O. Box 66 Crystal Bay, Mn.55323 RE: After-the-fact Hardcover Variance for property located at 2780 Shadywood Road. Dear Planning Commission and City Council: Enclosed, please find my application for an after-the-fact hardcover variance for my property. At this time, I would like to state that my position in applying for this variance is to comply with the city codes that"require me to do so. However, after consulting with several landscape professionals, a civil engineer, and a member of the Watershed Commission, I must question the legality of our current Hardcover Ordinance. I do not feel the above aftei -the-fact hardcover variance is necessary due to the following objections: 1. PREEXISITING CONDIIIONS- When this property was purchased,the hardcover was 29.17o. '^he replacement of tne rotten deck created 29.7% hardcover,due to the extension for a catwalk area which would lead to the rear area of home. 2. DECKS ARE NOT HARDCOVER- decks should not be classified as hardcover. They do not impede, or increase the run off of water. Only the cement slabs, or permanent impervious surfaces underneath a deck should be calculated as hardcover. 3. UNDUE HARDSHIP- the extension for a catwalk to the rear of the home is necessary for safety reasons. The home is a split level home, and there is no exit from the rear of the home cn this level, which is a main living area. The catwalk will be under the eaves of the home, with lawn directly underneath, thus creating no addtional hardcover. I would like to thank you in advance for considering tne above information, not only in my particular situation, but also for future property owners in Orono. Cur Hardcover Ordinance should be reviewed and ammended in the very near future. Sincerely, D-' 1 . i.r - •j i b- 1) November 19,1990 Jeanne MabusCh City of Orono Crystal Bay, Minnesota 55323 RE: After the fact Deck Permit & Hardcover Ordinance Dear Ms. Mabusth: First of all, I would like to thank you for the time you spent with me on the telephone on November 15, answering and directing my questions and concerns in the above matter. In the past thirteen weeks, you are the only person to Listen with concern and give me logical suggestions for solution. As you requested, I will attempt to chronicle what has occured beginning August 1, 1990, the date I moved into my home at 2780 Shadywood Road, Orono, Mn. On August 2,1990, Kelmers-Ryan Inc.Contractors began the replacemnt of my Lakeside windows, which we found out were dry-rotted. Along with replacement of the windows, the bid included replacement of any rotten boards on the existing deck and replacement of a portion of the cracked cedar shakes on my roof. As the contractors got into the deck portion of the bid, I was informed that the entire deck was rotton, including the stairs and many of the support beams. At that time, Mr. Mike Ryan, Prsident of Kelmers- Ryan gave me another quote to replace the entire deck, except for the existing footings. I agreed to the bid, and instructed them to go ahead with the project. Unfortunately, Helmers-Ryan Inc. filed for bankruptcy on August 18,before the project was completed, and no one has been able to locate anyone involved with the company. Two friends of mine, who are carpenters helped me finish the project. I,nor the carpenters who helped me, even thought about a permit to finish replacement of the deck. I have since discussed this matter with tnem, and they told me that the contractors should have taken out a permit, but since no one can locate the contractors, I can't even ask them why nothing was filed. I also had to have a friend of mine,who owns a roofing company, come in to replace the defective cedar shakes,which were originally supposed to be done by Helmers-Ryan. After weeks of frustration, sore muscles, and depletion of my bank account, I was finally ready to enjoy my new home. Then, in October, I received a letter from Lyle Oman, and the City of Orono, notifying me that a permit for a NEW deck and roof was never taken out for my property, and that I should fill out the enclosed forms, and app^y for an after-the-fact permit. I immediately went to Citv Hall, and spoke wich Mr. Oman. lirsC, he inforT.ed me ChaC I had recieved the wrong forms, and gave me the^ ''orr^ct forms to fill out. I told him that the aeck ana roof’were not new, and I e.xplained the above mentioned situation regarding my home. I also told him I would bring in the listing photograph from the Realtor, showing that in fact there was 3l dGck. on ths homG wHgh I purchESGci ic. I tli6n wghC home, and tried to understand and complete the hardcover form, and necessary paperwork for the permit. I returned to City Kali about three days later with all my^ paoerwork and photo of the deck, and spoke with Mr. Michae*. Gaffron. He informed me that I had not completed the hardcover form correctly, and that someone would come out to my property,inspect it, and notify me of their findings. im When I returned home from one of my many road trips,(I travel for a living), I had received a letter from Mr. Gaffron stating that my permit was denied because of an increase in hardcover in the 75-250!zone, when hardcover in tnat zone already exceeded the 254 limit. He stated that the pre— “xisitng deck was 10'x28'and the new deck is 12'x32', an expansion of 0.6%. First of all, I don't know what size the pre-exisiting deck was, and since I was Cold by the City of Oronp that there never was a pre-existing deck, the first time I spoke with Mr. Oman, I do not know if this calculation is correct. I only know that the original cement slab under the deck is 27*10" x 9"9". Mr. Gaffron infcrmea me that I had two options for resolving this matter: i 1. remove enough hardcover to leave 0% in 0-75 zone and no more than 25%in 75—250 zone. 2. apply for an after the fact hardcover variance with a application fee of $175,plus after the fact investigation fee of $175, for a total of $350. As you can imagine, when I received this notice, it added to my frustration and my feelings of being victimized as a new single homeowner. Between the now bankrupt contractor and my various visits with the city, I was ready to give up. As I told you on the telephone, John Metz suggested I speak directly with you to resolve this matter. I have enclosed a separate letter to accompany try application for a variance. It is with sincere desire and concern that this matter be taken care of as soon as possible, as I will be traveling with my job for the next four months. Thanks again, for your time and advice Sincerely, Ue L • Diwclc rmiAtirtiiAr rifiitfi • iituht Adjacent Property Owners* Ac]ciiowledgeinent Form ^ f I (we) ^ [ print ,]^ame (s) 1 of S/I^ ^ [print address] ^-e/Sr'c^ Application No , ^ A +.Ka<* in executing this acknowledgement, I (we) am - '■"®’ rfto declare approval or disapproval of the property or use (are) not as)ced . council that 1 (we) am (are) aware of ^rerm^f-erent p\-s^"d-thVt tL proposed nei,hhor's project or use requires Council approval. I 'rop^v Date / \ (TVvi r I,‘r:'Property Owner Date I (we) [print name(s)] ^ ^ ^ ^ ■■ i" . (print address plIle”;'To"cafel ““ Application No a a a. 4->aai- in executing this acknowledgement, I (we) am (are) rout^rt^l^ %e?:m'’urerLrre“:i ^Sri:rroLrenrp\^Ts^°nd\\%ft^^^^^^^^^^^^^^ -i.hhor-s project or use rcc^uires Council approval. y /’/// O /'V’''' Property Owner Date # 1 809 I Property Owner Date If you have wy yout*co^enl:V'to^ the Building 6 *oning“o«ice ^rieasl 10 days prior to the scheduled meeting date. Ji^. ■r* 'f'l I f m. i/' Sfp m. feV. •t.r- 1^ LI it ▼ .r-: £- /q\_(§^pjs-(\o Qjij^ __Q^f<u3L .. (3/(kfiuijik^ <lt usecS _-(W, :rk«7CSJ,. V3-Cy fc^«-C^o _. QUO _ aatO . 7^ .OiSjiiilLS: j6i|2^33L^i\y__l6j^__(SrW^utJiJ^ JouO^ QjQ*Hi(uJ^ ^ (bTTUX-Cjlj^C^ „'7^^7Cft -r~/.q^\SL. - My^- .CSLn^_.OCf^ 7*W^. ____________ ■” /; ' —y — I’ 7. 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INCH. ^ «• » . • • ‘wi. .P€£T tr ■zu>r><^;^::^.^PT;AT OF SURVEY — w.g^A- ^ r: T* V' -***" ^ qp "ctoppjtty of - /Ojorr^ ■ -I .*yC—1, ——iij-1. ^ ^ ^ 0 ^ ^ * ' ■•• — «l I - * v» rjT'^Tw*'. r/*.’-*"^'• hi ---------------- -----------,••'* .li ? iTi •.-. ■ ■“ V r.... .► - • ^Ts* ^<1 * / H V'. • / % / /. V\ .;a v:r ..v^/ ti / (^Rcpc^A'^';y ^e«cc syrf/m *^T3I!l2^5r ___ ,i-» :«*4 ‘e- :-r;----L‘=rr..- t v-^ •••• • ' •*<ymjgjfra*‘>r ***»'*■ ■-a's: — I I SCALE: 1 fNCa ^ - Z\^ • *. “■' - 'OF S*.QP£HTY OF .?7-7^^ I- » 0» »-«. •• ' r1 - « “?r *~ 3 » , |t i -* • ^4 -J ' ^W«. •S' ET - PLAT OF SURVEY •• ^ •^*^'•11*' ■ * ~* ■ ^ ^ ^ •" * ^ TtSp^;. ••;r.:... - -I'.W -z «»« ’*.%-» —'• - • I ... ••• *0 • If II> I !| 9 a *r * ^ •• f ‘A // 4 / /M /• *^— ^ A • ^ ^ t 2f-y?^ m hctxc c . t.-. i**—' •*' »■' *^■ •• , is %ir1irr^uys;^^0p::±ic" >■>,;n:-"r To:Planning Commission Chairman Kelley Orono Planning Commission Members Michael P. Gaffron, Asst Planning & Zoning Administrator February 13, 1991 #1621 Terry and Jonell Johnson ~ 1045 Linden Lane - Variance - Public Hearing Zoning District - LR-IB, Single family lakeshore residential, 1 acre, sewered Application - Requesting hardcover and lakeshore setback variances for proposed structural additions and driveway relocation. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Exhibit 1 Application Plat Map Property Owners List Survey Preferred Site Plan and Building Plans (Plan A) Alternate Site Plan and Building Plans (Plan B) Staff Sketch, Lot Coverage/Driveway Concept Hardcover Calculations, Existing & Proposed Average Setback Sketch Pertinent Pacts - 1, Applicants propose the following additions to the existing residence: a. Add second story over entire house. b. Extend room additions toward lake (two proposals submitted). c. Construct a two-stall attached garage with living space above . 2.A portion of the second story addition and all of the extension towards the lake will be located in the 0-75' setback zone. A portion of the existing house and all of the existing 8' wide deck is in the 0-75' zone. Setback information for this property is summarized below: ;V V- ■ :m:mmm __iiiiliiiiiilihiiti' Zoning File #1621 February 13, 1991 Page 2 ^ ■'■1 y'i Lot area Setbacks: 27,350 0.63 acres Existing Proposed Required Variance N. Side S. Side Lake 13' 26* HS:70' Deck;61' Street E. Corner Avg. Lkshr. Stbk. 200' 36' No Encroachment 13' 10.5' (A) ; 56' (B) : 61 170' 10.0’ * 10' 10' 75*(A) 19* (B) 14' 35' 10* * * See Item 4 below 3.Existing lot coverage by structures is 8.6%. In either proposed Plans A or B, lot coverage will be less than 13%, meeting City requirements. 4.Because this property is on a concave shoreline, the average lakeshore setback works favorably for the proposed additions. Also, because the Prass property to the immediate south has no existing residence, staff estimated the probable location of that future house meeting the 75' lakeshore setback, and that location yielded no need for an average setback variance for Johnson. S.Hardcover on the property is summarized in the following table: HARDCOVER SUMMARY Zone Zone Area Existing HC Proposed HC Allowed 01U lm11,220 996 s.f./8.9%(A)904 s.f./8.1%0 s.f./0% (B)784 s.f./7.0% s.f./25%75-250'13,470 2983 s.f./22.1%5235 s.f./38.9%3368 250-500'2,660 2024 s.f./76.1%1640 s.f./61.7%798 s.f./30% Entire 27,350 6003 s.f./21.9%(A)7779 s.f./28.4%4166 s.f./15. Lot (B)7659 s.f./28.0% Please refer to Exhibits H-4,H-5 and H-6 regarding the breakdotm between structural and non-structural hardcover. Planning Commission and applicant are advised that on February 11, 1991, the City Council unanimously adopted a clarification of policy regarding hardcover. The Council's intent is to no longer consider rock/plastic landscape areas in the 0-75' zone as "tradeable" hardcover in the 0-75* Zoning File #1621 February 13, 1991 Page 3 zone. Their intent is that all such hardcover be eliminated, and not considered during variance reviews. It is not clear whether Council also intends that other 0-75' non-structural items (concrete or block patios, sidewalks, etc.) are to be included in this policy. 6. A summary of the requested variances: a. Lakeshore setback variance of 19' (Plan A). b. Lakeshore setback variance of 14' (Plan B), c. Hardcover variances in 0-75', 75'250', and 250-500' zones. Discussion The applicants purchased this property last fall, and are proposing major renovation and additions to the existing one- story house. Also, they propose to construct an attached garage, necessitating construction of a new driveway to the residence. A.Setbacks Because a portion of the existing residence is in the 0-75' zone, any additions upward or lakeward from the existing house cannot be allowed unless a setback variance is granted. The proposed garage addition and the existing house both meet street and side setback requirements. Because there is no residence on the Prass property, staff estimated the possible future location for that house. The concavity of the shoreline and the location of the house to the north, indicate that Johnson's proposed additions could be behind a future average setback line. The neighboring residence to the north was built in 1983, replacing a house formerly in the 0-75' zone. This residence was constructed with an angled wall to meet the 75' lakeshore setback requirement. To the south, the Prass residence, when it is built, will have to meet the minimum 75' setback requirement. Immediately south of Prass, a new residence constructed in 1989 was required to meet the 75' setback requirement. The only difference between Johnson's proposal and those projects is that Johnson apparently intends to build on the existing structure rather than removing it and starting over. (Applicant should verify this). Zoning File #1621 February 13, 1991 Page 4 B.Hardcover r. Although applicant did not submit a specific driveway proposal, he had discussed with staff the intent for a single driveway and backup apron to serve the proposed two-stall attached garage. Staff has sketched and determined the area of a driveway which could feasibly serve the property, (See Exhibit G), Both Planning Commission and Council in the last few years have discussed the issue of structural hardcover versus non— structural hardcover. While the current Code definition of hardcover does not differentiate between structural and non- structural hardcover, the City Council clearly is heading in the direction that non-structural hardcover in the 0-75* zone is not a reasonable trade-off for increasing structural hardcover in that zone. While both of applicants proposals yield a slight hardcover decrease in the 0-75* zone, both proposals would result in a significant increase in the 75-250* zone. Overall, even if the existing detached garage and its apron are removed, it appears questionable whether the driveway could be narrowed and other surface-functional hardcover decreased to yield no net increase in hardcover on the entire property. There is absolutely no way to meet the Code hardcover allowances if an attached garage is proposed. Lot area is approximately 0.63 acre in a 1.0 acre zone. • • r C. Option A vs. Option B Regarding the two options presented, applicant initially proposed Plan A in discussions with staff. After those discussions, applicant chose to submit a plan which showed room additions extending no further lakeward than the existing 8* wide upper level deck in the 0-75 ’ zone. If Planning Commission cannot accept Plan A, applicant would request consideration of Plan B. Staff RecooBendation If Planning Commission feels that there is sufficient hardship and justification to allow Plan A or Plan B, a recommendation for approval would be appropriate. If Planning Commission feels that the structural additions in the 0-75* zone are too extensive, or that the hardcover increase in one or more zones is unacceptable. Planning Commission's options are to recommend denial or to table the request. If th^^ application is tabled in order to allow the applicant to revise hJ s proposal. Planning Commission should give applicant specific direction as to what magnitude of additions and hardcover percentages might be acceptable under specific conditions. Isv wm- 1 CITY OP ORONO - VARIANCE APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) % \ r T rv rz PROPERTY LOCATION •„ I z • *c*i» t u‘> ' *bi. * j"» T'l Vi ‘ **»V» WWW*-, w VVWV • ^ Site Address /ax lfU\ . ) I • wW^ U. U.*wt i .t./ aW L.5.V I 1.i 7*"w'aW Property Identification Number (P.I.D.) -in ) Attach legal description to application if not included on required survey. ^2 ’Ji510 cool kOl 1Tf J.C. •iw At V' X / w, Ij*/ / w APPLICANT Name ’TPrr^/<*■ Phone (home) Address _ _ _ Phone (wor)c) ^Ch'HC^/ City; Q.U^~Zip; SS736V OWNER (if different than applicant) Name _ _ _ _ _ _ _ _ _ _ Phone (home) Phone (work) Address:City;Zip; Date Property Acquired (month/year) I (do) notjxilso own the adjacent parcels of land. PRESENT OSE OF PROPERTY Present Zoning District Z./P //S Present Use of Property Residential Other (specify) DESCRIPTION OP REQUEST Estimated Construction Cost $ /r> 0 VJ) Describe request in detail* VARIANCES REQUIRED Lot Area Lot Width -Hardcover Setback Variances (Front Side Rear) Other I A HARDSHIP Describe undue hardship or practical difficulty resulting from strict crtM^enforcement of zoning regulations * \ , a. d-rr,‘>, t U- j-> ,n li rr-,ty.LJ DESCRIPTION OP UNOSOAL PROPERTY CONDITIONS — - ' rirr. • jf ^ Describe unusual property conditions preventing compliance with Zoning Code Requirements: ^ ,v> Ajirr ^v fcy*Mfr SaJ~r ^ O.'rIC <1./»>»■>/.,, ,■»»•».« (Ai/.ivjS’"’'r ) (t t/ /.’I liriu.lt. j ,< < REQUIRED SUBMITTALS _ ^ J 1. 2. 3. 4. 5. 6. 7. 8. . - rCompleted Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8h"xll'' for reproduction). Topograohic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8%"xll"). S)cetches or plans of floor & elevation views (provide 1 copy eh-xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not comg^le^—if—Uie— ^ fifoiiMtion has not been included. APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the iDest of his/her Icnowledge. Applicant's Signature Date /-or-9/ QWU^RP SXGHATDRB The owner hereby aclcowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga­ tion and verification this req^st. Date V___________Owner 's Signature Applicant must havJ^l submittals into tha City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants nust be present at all scheduled review meetings of the Planning Comodssion and Council. If an applicant is unable to attend a scheduled meeting, please maJce arrangements to have an authorized agent attend in your place and to advise the Building fi Zoning Office of this change prior to the meeting. 'i \ ■;v A. « •• A VV' •<) • • T. -Ot ''V •)• •i LJAKE :'^'* in :5 3 5^ (27) OiJi Tj 1 ii« \ 92J J'T 75 \03) mi lz?47i:y ':<cj) lot d C^H, ^17 (20) •1 I • '‘- rsj 2» 1 “' ( !9) O) 5U#, < N 44 )4 ri-/ [ *fi f ^ •'' \ X «1 J41 X /f / -(53) » .1 • V ^______vn ^ ^ l:\cen la C-i) ....-bi I Tr i J ’(l U :• ^»c 7-'»- 'li'T2 if L.-WI LA .•7 (!5) /AC f^ooT ’frr^vfy- . :rt I (»i)nt f '4 ^ ; c*iv '•7 •1#%'^^'/ i« i '^\ui f;»5f .1 153 X3l65)_t53__3 ^ 7 \4m _ 12 t , ^(6^)t53 ^ —- / ^ • * i<27,_ r.(2JI jA^oX# !1TpLi —g--------"^-4 *» <JL4 »C29) -J ‘J/’ r -^(60) If /: WS* » ^ ;• (30) > ••« 'Ti (37)si r?^>*53 V \ '2 ‘ ft ll )•.67: I 'J » ^ W «44 V • 4 IT } ^TTI .. . • 1^4 •1 'V* MM OAT<«'oi/us/n *: lU T • ' •' ? I t '1 •:• ■■'• ' '’v ■ ’ • 77 H i.v i "Vi PW» AODR ; CMCR NMC TAXPAYER ,• NAHE/AODRU-i •;■• I ; S6 jor-iir-Es is oon ^01005 LINDEN LA ; ROBERT P KINS . > ROBERT P KINO ' ; B L f: , 1005 LINDEN LANE j . i i. A :) HOUND m 55364 . . 'i’l'ii •.' >*! 'I _‘ii ._’v—„■i ‘ iv •x‘* * % *1> v'l-, • I P»P:AOOR '-'l^ GMNER NAHEt sTAXPAYER- nahe/ador HENNEPIN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OMCRS LIST • ’ I SBV 07-117-ES 13 0095 01045 LINDEN U ' I I T C JOHNSON A J C P JOHNSON ( TERRANCE C JOHNSON ; I 1045 LINDEN LA > ( • I HOUND HN A SS364 : .‘,1 N, r f' *' / ’ r k I.' I SB ; 07-117-E3 14 0019 I'OIOAS; NORTH ARH OR >BALLY A RHYLICK . i'SALLYA RHYLICK -■ : : ^ > V ) i. . p* « ^ i \ 4’ TOTAL BATCH 58 07-117-23 13 0093 01015 LINDEN LA N C KALLBERG A E C KALLBER6 HILLIAM C KALLBERG 1015 LINDEN LA HOUND MN 55364 58 07-117-23 14 0015 01067 LINDEN LA L C KASPRICK A K H HESTBY L C KASPRICK A K H HESTBY 1067 LINUEN LA HOUND HN 55364 38 07-117-23 14 0020 01015 NORTH ARH OR R A L CONRAD RONALD C CONRAD 1015 NORTH ARH DR HOUND HN 55364 002 00010 REPORT NO. PI435401 PAGE 3 38 07-117-23 15 0094 01027 LINDEN LA S L BRENT4AN JR A C A BRErtUN SIDNEY L BRENNAN JR 1027 LINDEN LA S HOUR) HN 55364 38 07-117-23 14 0018 01055 NORTH ARH OR R A A DAHL RONALD D DAHL 1055 t«)RTH ARH DR HOUND FW 55364 38 07-117-23 14 0C38 01065 NORTH ARH DR ROGER J ILLIES ROGER J ILLIES 1065 NORTH ARH OR HOUND m 55364 # 1 77“ 1 'Wjf r-Ujf •8 I ■ I CERTIFY THAT THE FACTS REPRESEKTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORHATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF HY KNOHIEDGE AND BELIEF. DATE »« ■ I •A i ■| ^*1 . 4 ■vy. ilL*3dV^. 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M. ^4 i jj .................. > ■ ............................................, .. .. ................. . 1*. .............r.'..* . |. .♦ i ' JV; I^J- *,*, i, —----------------i------------- ^ -" "-V r -T-!—r-----~r-------• ; ; ; i : Mr b| | i; • ' .i'i : III lit : ■ I i: ! ! I‘ A ‘ *!' / i: r!- i! Ii f ^ f:i fAlog-tll) . gU&N/A.-r\OSJ /b' ^■r .-is;. •f: : ‘r-. ■ ‘ f> EAttk fjLAi^ I ■^r- HARDCOVEP. CALCULATir.-; •.;n:v'c;:rrT SETBACK ZONE: ('TlF.CLS CNS) E;<isti ::3 HahdccvcF in Zone ••ft it. » •^ A. HOv'iS LEN3TM T//€iJ 2^ 'CoA/^v;c: C. DF!VEV.'AV D.. SI DHWA',K A.A.r/fj AlO ‘^'TIO Dec:< F.Landscape ' o « • c* •JNDEPLJUM BY , , PLASTIC c<tc^ I ; /75 //<-V (u^CCt/} S , O tH cF ST-fy (fc^c) X. X X X X X X X X * t A X V • % X X #1--‘.:i^='-":^- -a ^ ^ 0^ m, . /92 je» •: ? «#»• v; IOTH c sr• I • ^,3 52.3 S.7. ti. r . i • r • lit" ^■; X ■C.F. C • “ V • •“ • C'.s /fo ^ • •' ________S.p. 2. ^ o------ 7 f* ■« _______w.r. - . •• f? = Cls^ X 2.7 X __ /y _y /4 22ii? Total Hardcove.f in ^cns - i Total ?Hc?Ei^7Y Apea im Zone /^ ^ ^ X iC'O ®_n ~ 3 • 4.' ,'f.C. .1 5 • <• • S. r .i • 3 rr. !A 1 ! 1 1 - . 5 • r • 22 •> i> o>?o > \ \ r;. . |;- u.y ^vf HAnDCC'vc.R CALC ’JLATICN: WOa KSHET ___ , 2CN5: (c:scL£ c:j £) Q-75' t'7$ E.<ist :mg Hap .dcove?. i!i Zone TT „\' ^ * V-U^ A >' • • 4 • yf.Z .X zf. y a /i/-?. /s.?.~\ r' • LENGTH • • WIDTH / /9.1 X y. 9 s /79. 2 3.?.f '299-3 \ + ' ■’ “^ , X - _^/9?Z.F.J ^ 9 ••X • r-i i • • • X a. {:<w • r 1 r. nn!VPV/C.v X U /Z30 S.F.^ * « ^ • X mm» • f G.F. • n ; • Nin^WAi < ■X mm -UHA—S.F. t4d4<.K :<a S.F. X y. y Z^. 5*3. i*. s.3 # 1 a/» l v/ w(V X . • • •• • •G.F. ^A.TffS '/n z AHncrAPC X X • S.F. A3SAS UNDERLAIN :;v * .X a •S.F. PLASTIC SHEETING itUU rj X • <?. i"u Z2.r S.F. (1 Sir X ir.sT • S.F. Pdvf< xrA*,^( 5. Other ___________X 'li /J3 / c**> t< ■ S.F. •• Total Ha -ocgver IN Zone •2 92S. 3 5 . r # r ^ j Total P ro?e?.ty A hea jn Zone • » i>/^V7^ S.F. z 3 - rn tiy7o_ x ma - ^ HAR jCGVER calculation n'QRKSHEE: ScT3Ac:< icriE: (circle one ) Q-7^'^ 7^4 -fSpr-.' Existing Har:cover lu Zone A/A •House LENGTH 3. Garage 2/. 3 c. Driveway D., Sidewalk L. E, Patio/ Deck F.Landscape AREAS UNOERIJUH 3Y , . PLASTIC SHEETING 44fit 05AT, OMtl. - n-w- 2g.yGi Uin-.\ ---------------- ft X X . :< _ X X ________X 2JTi X o.s ? ] 1 I ^ • I -•v», . ja«. WIDTH > • • • S • F • • • S.F. • • S.F. S •• • S.F. 2^?. 3 -VJ2.V S.F. •fS5^S.F.• a S.F. % •S.F. s .S.F. ‘ S.F. •• • « a • • • • S.F. •• •S.F* • a S. t*. • S.F. /2 > ^ S.F. 2^?. <p S.F, Total H ardcover in Zone - — Total Prcperty A rea in Zcn| - — ZiCO X 100 - — Z^ZS.F S.F. 2 CC0 S.F. Z^OZ3.^ 4 "!n / <:ri2. ^ An 3. % ■ ..A. ... &.-M k». - *n a-iV iiB am" ^Tw. aLrCki. . PT mii fb-- . - #u Mk.fti. . Win . ' . ..r a*Aa .A ffr «t >rWW^.« I ■ ij i - -----------------. X .i-Wa j- ’ 'lJh—i r k* r y kr • o Q-£>(?0Z tr.... ^;s77/‘o<s <2,^, g z ,S"'< / S txf coc d>xV /uxi^j/P-c. 1) / A^lO OF 1+^ y X ^ o ^-"?S //^2 2^0 S*\o «' u (“7a^ a /f M /kl^’o £, n?/'?2_ V ^ 2-2-7 Z_ Vd. _ . . ;i'2- ]0^ -7^2^ // 2-0 ^S"2_ « •7S2 . 5 “ 2.S'2 ..............- s. 1 •/.T. o •/ ■ ^.' ■ ■ ^A^ST/NG. 0-7^ r ____/+s/Dt?cxys#fe5-D - 5T^%» fusmc. Oj,. foftno*Jl 6P (doc/c ^ C7‘ /«= (^STl/^C, Sit ik.L^Tii^ti I ^r% ^ i ii-iiiianmiTrrfli • « _______- 2^ "SO E _____(lr;>-AJx /: ^ s.5 b. - (FX^~T7f^^ /Aot:;®' VX >i.;o ^S.-7 ^jrrz^^<X/o ‘?7/./ \ 'v ■/ - i i/jA-( Sr.V 2-7 !■ TTP /O. 6rAJt:>_____ 4£:::T- ?rC.o'2^HO _______^______ n!l>/€)\J^?-voAcY ("e'LT^ _ 'Z6>6»Q _________________________________________________^ P £%i-.TiH^> •7r-z rO' Egg-'^-'^-wCv-x^^ : __________yz*?.. j sref^jorrc.7 l/C(^_' Z.O X_______ |2.1 u W /fjA/eiliJ A j c» <^<?T7 tuvuu s „J.2r3o ^9 ,!L.5i.L% ■" ^. V *'C 'S,S'l&s 212,, / /o (^/znf^<^r'__ K OTs ^1. ✓ i .-* » fvr^*.«ii’ ■ Tt I * t • I I . ; {aju>j^^ ZC^i^O i '2-'/1 ^ X 20, 3 ^ \ J 2^/ > -- a/, ^ 533. ^ 2-0 (fe?T“uJwws , /t-^c^L. ;aj D-'^-''^^ /(i. V<^ :s. ^ <:>/.■?/» ^/iT7AjCa 7.5^2^0s/vj/^ TtULA. tl.'TV'^*—^V i ^ ^ . =■ (U w .. ^. ‘Ju.-Vv . 5u</2^erce? (A'A^-ur /ss:-s> :,.. r/. /^.2_ >1 !, z yL f (^.( y. ,tr I ; I »* !f^ B<'u V»ai Sll ►'ipiilirw i.. ....m *r i. " \ ‘ ---------ir. ^Iliiiiiiiwtfi^iiHfiyii^ V-. AiL \ ""'Vii-TT- ---r ■-....................... -At"'* K*^r^ -^-.-v^ -r^ iv.t tiHE' int To:Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Proms Jeanne A. Mabusthr Building & Zoning Administrator Dates December 12, 1990 Subject: 3 (1) Municipal Facilities of Neighboring Cities In mid-1990 the City of Wayzata presented an informal plan before the Orono Council that proposed a public works facility including a fenced outdoor storage area on a property located in the RR-IB Residential Zone cn the south side of Highway 12 just to the east of Busy Beaver Day Care and cemetery. This specific parcel is divided by the municipal boundaries of Wayzata and Orono and functions as a gateway to the City of Orono. It was the opinion of Wayzata's Council that our Code would allow a neighboring municipality to construct a municipal building as a permitted use. The City has heard no further from the City of Wayzata concerning the proposed use but Council did direct that the Code be amended to clearly reflect that municipal facilities allowed as permitted uses includes only those facilities owned and operated by the City of Orono. The present Code allows municipal buildings within all residential districts as a permitted use except for the RS District (Seasonal Recreational-Big Island). B-1, B-3, and B-4 Commercial Districts allow municipal buildings where the use conducted is customarily considered to be an office use. This would exclude any type of public works use within a commercial zone yet the Code would allow this use in a residential zone as a permitted use. B—5 allows all municipal buildings as permitted uses similar to R districts. There is no reference in the Industrial Zone that would allow municipal facilities although several of the municipal type uses would be allowed under permitted or conditional uses. Staff has reviewed municipal facilities/buildings ordinances with the cities of Plymouth, Excelsior, Minnetonka and Minnetrista. Plymouth advised that municipal facilities/buildings were allowed in residential districts with conditional use permits. Excelfior allows muncipal buildings only within a commercial office district as a permitted use. Their Code did not distinguish between administrative or public works type facilities. Minnetrista allows municipal administrative and service buildings as a conditional use permit in residential r i V'- Municipal Facilities of Meighboring Cities Page 2 December 12, 1990 zones but would not allow industrial type municipal uses such as a public works. The City of Minnetonka requires a conditional use permit for all municipal uses in residential zones as well as in commercial and industrial zones. All confirmed that their Codec do not distinguish between their individual cities and neighboring cities. Staff would argue that it was never the intent of this ordinance to allow municipal facilities of other cities. The City of Excelsior's Code does reference municipal and other public buildings suggesting that another governmental unit could locate within the City and be subject to the local ordinance. The Orono Code does not distinguish between municipal and other public facilities. Based on Council's directive, the clarification in the Code can be made by a simple addition to Section 10.02 definition of municipal buildings. Municipal buildings or facilities shall Include only those structures owned and operated by the City of Orono. For further clarification you may wish to add. .Public buildings or facilities of other goveminental units shall be located in zoning districts where the use is allowed and only with a conditional use permit. If the latter part is added, staff would then have to amend the conditional use permit sections of only the commercial and possibly the industrial district to include a conditional use permit for public buildings or facilties of other governmental units. Staff would ask the City Attorney to review this matter prior to scheduling the ordinance for Council action. In reviewing the sections of the Code that involve municipal buildings/facilities. Planning Commission may wish to consider a broader amendment to this section of the Code in light of a proposed new municipal facility for the City that includes both administrative and public works structures. 1. Should any type of municipal facility be located in a residental zone as a permitted use ? The Code protects a commercial district by allowing only municipal facilities that propose office uses only. 2. Are public works type uses and s'cructures compatible with residential neighborhoods? Are there residential zones where the use may be compatible? 3. Is a police department and associated uses compatible with residential neighborhoods?_- Are there residential zones where this use may be compatible? - -— Municipal Facilities of Neighboring Cities December 12, 1990 Page 3 If Planning Commission members feel an amendment of the current Code section is appropriate, staff will call for the required public hearing redefining the scope of the review. Enclosures; Section 10.20 - R-IA Referenced within R-IB, RR-lB, RR-IA residential zones Section 10.40 Section 10.42 Section 10.43 Section 10.44 B-1 B-3 B-4 B-5 IsV L “ ^ Ay-iM V V'wm * i ■PiP;': m-. « r • .M kl-y IKV' f ■-» . tf* < - V ^ V t/ K ■ feur- I 1 » i*; § 10.20 SEC. 10.20. R-IA ONE FAMILY RESIDENTIAL DISTRICT. Subd. 1. Purpose. The "R-IA" One Family Residential District is intended to provide a district which will allow a combination of low density residential development and limiv,ec agricultural activity. Planned residential developments may be allowed by conditional use permit. The district shall have immediate access to highways and public sanitary sewer. y Subd. 2. Permitted Uses. Within any ''R-lA" One Family Residential District, no structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. B. Public owned parks ai^ playgrounds. C. Municipal buildings.^ Subd. 3. Conditional Uses. Within any "R-IA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any o line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches including those related structures located on the same site which are an integral the church proper, convents or homes for persons related to a religi/ous function on the same site provided no building other than a residence shall be located within fifty feet of any lot line of an abutting lot in an "R" District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more t.han one family, scout camps, YMCA camps, YWCA camps, church camps, or private non­ profit parks, playgrounds and other similar uses. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an District, and accessory structur0S shall be a minimuixi of fifty feet from any lot line. ORONO CC 279 (4-1-84) Ji.m J pp^§ 10.40 SEC, 10.40. B-1 RETAIL SALES BUSINESS DISTRICT. k Subd 1 Purpose. TJie "3-1” Rerail Sales Business is I a d'sr-icr for businesses rhar supplyin-ended to provide c---ar'''v for residents in the comnodities “,t»wq distTict" may adjoin residential surrounding which are subject to mors Restrictive controls. The district shall have inmiediate access to niSa« highways and public sanitary sewer. ^ T 1 i ration. All aptlications for a building ■c in^anv’ "B-l”^Retail Sales Bus'iness District shall be R“”ieLd by Le cRun=ri and .ay be referred to the Plannxng Commission for review. /ctHH i Permitted Uses. Within any -3-1" Retail Sales ■ no^RuRture or land shall be used except for R"e“o;”e°YoTlo:!i;, us« or uses dee.ed si.ilar by the Council: A. Retail and Service Businesses. The following r'etail sales and service businesses supplying RIlldRties oR p”rforRiing a service pri.arily for residents in the surrounding neighborhood: 1. Arts and school supplies store. 2. Banks and insurance companies. 3. Barber and beauty shops. 4. Bicvcle sales and repair. 5. Booksr magazines, record shop. 6. Drugs, candy, ice cream, sof- dr*nks, cosmetics and other usual drug store merchandise. rri- 'S' 7. Dry cleaning and laundry pick-up stations including i«“'3e"tsl^pressing_^and^re|air. Gift or antique shops. Hardware store, paint store. Hobby shops, camera and photograpnic supply 9. 10. 11. stores. repair stores. 12. Jewelry shops and repair. 13. Laundromats. Locksmith. , . iMusic, radio, TV, appliance sales and14 15. fxxmiture, carpet store. 16. Newsstands. • « 17. Office supply store, office machine store. 18. Pet shop. 19. Pipe and tobacco shops. Plumbing, electrical, heating, houseware ,20. OROMO CC 332 (4-1-84) w S 10.40 21. 0*54U4ft» • 23. Postal substation. Real esnare sales. Retail food of ali varieties and home supplies. i,‘ • 24. 25. 26. 27. Sewing center and yardcccds. Sporting goods store. Tailor shops. Temporary sales such as Cnrristmas tree lots 28. 29. 30. 31. Travel bureau. Variety store. Wearing apparel store# shoe store Off-sale Liquor Store Source: Ordinance 29# 2nd Series Adopted: 2-23-87 V B. Municipal Buildings. Municipal buildings where the use conducted is customarily considered to be an office use. Subd. 4. Conditional Uses. With'-n the B-1 ^^ail Sales Business District no structure or land shaxl be used *or of the following uses except by conditional use permit. A. Garages. For the servicing and repair of automobiles provided repair functions are totally enclosed in building. Motor Fuel Stations. Subject to the provisions set forth in Section 10.61# Subdivision 18. table fot oonsuaption. neither live liquor sales are permitted in Restaurants (Class I. Source: Ordinance 67# 2nd Series Adocted: 5-8-89 maioritv of customers order and are served their food at a regardless of how it is served, or restaurants which serve intoxicating liguor or have live entertainment. E. Off-Street Parking. Off-street parking when the Sl-^Sfst'ri'crrir iVfn^ ti;e’‘’s"aVe o"«n%rs“if aS the lanfr' the -B- or -I" District and subject to “ Mt forth in Section 10.61, Subdivision 4 and such other conditions as found necessary by the Council. - ORONO CC 333 (4-1-84) _Ik.. fv 3 10.42 SEC. 10.42. B-3 SHOPPING CENTER BUSINESS DISTRICT , __ _ _rnup ShoDoina Center Business Subd. 1. . 'hiish provisions'foe 'the designating o£ District is intended to estao . retail sales and service a district -here a a’coordinated ohvsical plan,facility with i-"teg”ted design and a «o|C^^ dist'ri'ct shall be aoDCopriately located, jtiay be „ ^ooroved plan as provided beIoi°'’®Ve" d\s“t"r\ct Shall h\ve i.tmediate access to adequate highways and public sanitary sewer subd. 2. Application The owner ot of land in the ”3-3" ^*’?|r?L usr and development of all of such to the Council a pla ^ «»©<»♦■ ■’no the requirements set forth in tract for the purposes or be referred to the Planning this Section. The ^ T^e Planning Commission shall t?ansrit°^o‘\Vc“ouno\l their‘"findings and recommendation for consideration and action. subd. 3. Single control, ^tn o^rder th« 'J* ^^i^rt1inVnV^%cU-itre% shall be'^n °wnership or under management or supervision of a central authotit./. 7 subd. 4, ^.3«-“ed^^Oses.^ ^Within Shopping fo^oSe^ormote of^the permitted in the "3-1" District. V-s«?ct'‘no"*s\rurt«e o“ lind^sLu’re us°el"f"f thriollo“win7 «es' conditional use permit: A Uses One or more of the conditional uses as A. uses, u ^ rtn.i" Disfict, except forpermitted and regulatea in v.ne 3 -Restaurants (Class^IIPj^^n^ification Sign. = .:,a fi Accessory Uses. Within any "B-3" Shopping center 3u/“neVs Distrilt. th^ following uses shall be permitted accessory uses; District. A. Any accessory use as regulated in the "B-1* Subd. 7. Area, Height, Tard, Setback and Design Requirements. A. Area. The minimum sire shall be h«o fcres.^ that the.gross !;asIire'a?ersh\\\^-ot\i^eT2sV^o^f the total land area available. QRONO CC 343 (4-1-84) r vJ § 10.42 L. Fencina, Wherever a "3-3" Shoooing Center Business District abuts 'or is across the street from an R District an adeauate fence or compact evergreen hedge not less 50% ooaoue nor less than six feet in height shall be erected. When iSjacIn? to a street, it shall not be less than three feet nor more than four feet in height. M. Building Design and Construction. See Section 10.40 r Subdivision 6, Subparagraph G. N Height. No structure or building shall exceed 2-1/2 stories or thirty feet in height except as provided in Section 10.75. SBC. 10.43. B-4 OFFICE .VtV- fHOFESSIONAL BUSINESS DISTRICT. Subd. 1. Purpose. 3-4 Ofi.ice and rofessional Business is intended to provide a district wnicn is related to and mav adioin residential districts or other business districts for wu? nf administrative office buildings and relatedth^ location o^ office buildings and related offices. The office uses allowed in this district are those in which there is limited contact with the public and no exterior display or selling of merchandise to the general public. The district shall have immediate access to adequate hignways and public sanitary sewer. byti*, council .nd may 0. out.tend to th. Pl.nniod Coraraissioiv for review. /subd. 3. Permitted Uses. Within any 'V*It®used Professional Business District, no structure or land shall oe used except for one or more of t.he following uses: y A. Municipal Buildings. Municipal buildings where the use conducted is customarily =°”sidered to be an office^ u^^ B. Offices. Professional offices and ortices oc the general Clinics for human care on. an out­ patient basis only.D. Banks and Insurance Offices. „o,...io.rii.v»..r.v.v,roi\r.-i,uc".s for the following uses except by conditional use permit. hospitals, res/ho»e"s“S?%%^i?emrt contain not less than 600 square feet of lot area for each per to be accommodated and that no building be located less feet from the side lot line. ORONO CC 345 (4-1-84) 4 ;} I 1 % 5 10.43 !• Setback Sequiratients. Mo building shall be nearer than 35 Teet ^o a"y f ront , lot loTline to®Vt-»°et^"^etceot ihen abutting or across the st«et frota an’"l" Dlstrictr no building shall be less than 33 feet from sucn ioc line. P Fencing. Wherever a "B-4" Office and ! AH "R" District along the sideProfessional Business DiS * evergreen hedge not less than or rear lot -i- feet in height (no less than three50% opaque nor less than six '« street) shall be erected f!:ng"?Se^^b"u^*tin1“un^“%-e-pt^lthin the required front yard. G. Building Design and Construction 10.40, Subdivision 6, Subparagraph G. See Section H Drainage. No land shall be developed and no use r,. ^ results in water runoff causing floods, shall be adiacent properties. Site and drainage erosion, or deposits 3 t-he aoolicant in such detail as plans shall be submitted - olans shall be reviewed by the required by the Council planning Commission andCity Engineer before submission to the Planni^ orooerly council for storm drain orchanneled into a natural wate^r^co^^^^^J' affecting water Other public facilitie . or otherwise must be in ^“rplia^cr-lth^th" lu^lac% ter^Ma^^^^^^^^^^^ "Svisions and'^subTecV to^he approval of other agencies having ■°”rsdiot"on over the area affected by the drainage. T Heiciht. No structure or building shall e5^eed 2-1/2 stories or thUty feet in height except as provided in Section 10.75. SBC. 10-44. B-5 LIMITED HBIGSBORHOOD BOSINBSS DISTRICT <5 1 purnose The "B-5" Limited Neighborhood Business DUtrict^U intejqed' « Providers ^dis«^ict ^e^*idertf in" tfe^rtoulid ing ne f|hdor hood. ^which^ «*oun? Other business districts immediate access to adequate controls. The <^i““='ta%v sewer Because o? tSflocation of the highways and public sanita y . known as Navarre in the •B-3" District as contemplated in the arK hardcover in that City, the uses are limited in^°Eder^W traffic for that property in° ti« use district since there is already a traffic problem in Navarre. ORONO CC 347 (4-1-84)A 5 10.44 Subd. 2. Application. All applications for^ a building oertit in anv ”3-5" Limited Neighborhood Business District shall be reviewed bv the Council and referred to the Planning Commission foe review. Subd. 3. Permitted Uses. Within any "B-5” Business District, no structure or land shall be used except £or one of the following uses or uses deemed similar by the Council: /A. B. C. D. E. F. Municipal buildings. Offices. Clinics. Art and school supply store. Book and magazine store. Office supply store. estate office. G. H. Banks, loan company, insurance company, real I. J. K. L. Barbership, beauty shop. Camera and photograph supply store. Locksmith. Hobby shop. Gift store. M. N. O. P. Q. R. Glassware and pottery. Antique store. Jewelry store. Watch repair. Library. Museum. S. T. U. V. W. Record shop. Music store. Tobacco shop. Galleries. Pet shop. Subd. 4. Conditional Use. A Within any "B-5" Limited Business District, no structure or land shall be used foe one of the following uses except by conditional use permit: 1, Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store.2. Drycleaning store. Tailor shop. Pressing and shoe shine shop. Laundry ^nd cleaning pick-up stations. Horae and garden equipment rental. Veterinary clinic. Kennels. ORONO CC 3. 4. 5. 6. 7. 8. 348 (4-1-84) To:Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Date Jeanne A. Mabusth, Building 6 Zoning Administrator December 13, 1990 Subject: 3 (2) Temporary Signs in Commercial Districts In 1988 the City amended it's temporary sign ordinance to prohibit the use of such signs on commercially used property in residential zones (i.e. Busy Beaver, Dog House, 1960 Shoreline Drive (former transmission site - proposed boat sales), churches, etc.)* The ordinance amendment established a limit on the number of temporary signs that could be issued for a commercial property limiting temporary signs to one sign per 24 months and that sign would be allowed for a maximum 3 month period. m R ’Wr- Original Ordinance ----- Temporary signs._ There shall be no more than one temporary (3 months or less) sign in any required yard area, and there shall be no more than three (3) such signs on any lot, and the total area of such signs shall not exceed 25 square feet. Amended Ordinance in 1988 Temporary Sicyns# There shall be no more than one temporary (three months or less) sign in any required y ' yard area, and ^''*re shall be no more than three such signs on any lot, and the total area of such signs shall not exceed 25 square feet. Such signs require a temporary sign permit from the City. No such permit shall be issued by the City if a conditional use permit under Sub-paragraph A of this Subdivision or a temporary sign permit under this sub-paragraph had been issued in the previous 24 months to that property. No such signs shall be allowed in residential zones unless permitted as election or sales signs under this Subdivision. The Navarre business community has voiced major concern with the limitation of one sign per every 24 months noting that temporary signs may only be on the property for a 2-week perxod of time at the most and that a three month time period is not realistic. Staff has reviewed temporary sign ordinances with other communities. The majority of the ordinances allow a specific number of temporary signs within a ona year period. tiTiii TrmmVtfhiif^ Temporary Signs in Commercial Districts December 13r 1990 Page 2 staff has drafted an amendment of the temporary sign ordinance for the Plaiming Me.,iers are asked tc, provide direction on the following issues. 1. 2. Number of temporary signs per calendar year. Duration of that temporary permit (10 days, 14 days, less, more). 3.Total 2u:ea of such signs allowed (25 s.f. as currently allowed, 32 s.f., 50 s.f.) Proposed Ordinance Amendment > r Temoorary Signs. There shall be no more than —_temporary xempoiTdj^jf —. s _........ anri foT* a osnod or not moresignrrsiuS^ calendar year, and for a period of not more signs i«ueo p duration of the event promotSTby the sign me_ssage whichever is J*”' lign supports, anl pT/tab^; stand shall be removed from View at the end of the period. Total area of the lign^^ha ’^ not exoeed _ sgua're feet. There _shall_be^no tha%“one te:;orary^gn\n any tLTfntf“%|uairfe'et^^^ ^°„%a*r7%r(ns reguLe ? l‘L"d'^';^=^-„aru«“«r«irunfer Sub-fssutd bTthe City if a conditional use permit under Sub- naraaraoh A of this subdivision has been issued ho a lesident^ial property. No such sign shall be allowed in residential zones unless permitted as gl® f under this subdivis.--n. Multi-tenant WJ® considered as a single property for purposes of this paragraph, and the use of the single tenants on the property shall be the responsibility of the orooerty owner or designated manager who shall endorse in Sri?ingf ^1 applications for sign permits. The owner or manager of the sign and the owner of the equally responsible for the proper location, ^®' and removal of the sign. All temporary signs shall be located on a property so that they do not ®vlhicle obstructing vision of pedestrians or motor vehicle operators . •This area shall be the same allowed for a single temorary sign. Enclosure; Sign Ordinance Sections Isv ■t 5 IQ.60 c-^^-a^ned SC 33 HOC tO CS /-S^«--------^^ withir. 2 and unoccupied trailers lessadjoinin, proper.ies,ex--?c D_ ccmnerciar than 20 “!!%4a"red*tr“"“ “"^"or'the house and a distance or 10 ^Tkor! rVoranynr==e---V m j Ocdinsncs no. L/2 Effaccive Data:1-1-75 1 — ntat^^ial snail not ta .Ubd. 14 sanitary sewer washed into t.he r-ceived a permit to do so from the system witiioat rancid, a mec.hod of disposal snai- oe City. If said permit is not gra ~ •«^Q^s land raauisition ^or devised which will oermanenc operation ana ^ ^ solid form rather adjacent land. Shou^- "’jlaii be~so located and fenced as to be fluid, the storage area shall be ail waste material, removed from public view, -.^orials not currently in use for debris, refuse, garoage, herein shall be kept in anconstruction or otherwise regulataa he container for enclosed building or properly cesponsible for such purposes. °„d ^e« of waste material and noxious weeas.keeoing such vacant land .--ee or ^ ^ ^ -J2 mm ^3 m0mm » —------- Vrt 1 ^nd shall be developed and no Subd. 15. Drainage. water runoff causing use shall he oou.se. ponPlnp area or other suitable facili-y. right-of-way lines Suhd. 17. b%'Vo"d'ei;L%sed"«eas! ?ril5tranl f,crpiioro?hec than that of the oreatot of the disturbance. SBC. 10,61. SPECIAL PROVISIONS.—------- accessot/rs-e Hn /fstTi=Vr’^su“h^nc/1S* ?S'e M!loiVn% regulations; ORONO CC 379 (4-1-34) S 10.61 A on R’ah::-of-Wav. Privaca signs a^e ..o..—-u-a .U„ °"‘-r-'oi-wav cr'easeBen^s exc3?B char the Ctur.ci^Withi.. u-.e C-DX-C ___ lor'ar.o sicns and cecora-xons niay on o specified time not bv the Council if a permit for sucn a sign shall c-—-- had been issued in conditional use ‘--------the previous 24 months to that c_cce--/. Source j Ordinance 55 > 2nd Semes Adopted; 7-25-38 B. Flashing. Illuminated flashing signs snail not be permitted in any distmct r Beams Illuminated signs or devices giving off or oT?lght "s1Ta\rno"t in any districc. D. Sales Signs, /.or purpose ^ofjelling, ^re^^^^ leasing property, .J!°the Vont yard of such'property to be surface may be placea w_thxn ■“ . less than fifteen feet sold or leased. fegg fiat against the structure. Forfrom the right-of-way line unless fi project of six or the purpose of selling or Promoting a feet; a more dwelling units, one sig _qj.- or an industrial acrea of commercial area of exc^el 96 leet of advertising ten acres or more, one sign site Such sign shall not surface may be erected upon the ISaiS aftL 90% of the project is developed. y 'E Existing Figns- Signs existing on Septemoer 14, 19«7 Which do nob cJnl';”’ . ^he regulations are a non-conrormxng use* P. Traffic interference. No fVre“n'«y that, by reason of position, a traffic sign or way with the proper functioning or purpose signal. G. Building wall Signs, Si^s directly on the -r^strucVure or feature in any painted on a fence, rocks or ba attached directly listrict, ^. paper shall he con^id^rid'al Tstru"Jt “e“fr fastened to another structure. ORONO CC 380 (4-1-84) 5 10.51 -am-o-a —.' Si-r.s. rhars shall ba no ~cra -nan 7I--V0 cr lass: sncrn in any raqu.rso yarn ^’aa, 'and nhera snail be no ncra nnan_ or.raa and the nscal araa of sucn = '.~a'tn«“"ciiv.''"~:!o'sucn such signs requira a Y?V c'-rd-'c'onai'use csrniu pamit shall be ^ssuaa by_uha Uar.uorary sign under Sub-paragrapa A or ^ the pravious 24 cemtit under tnrs sun-carac-ac.. ..ac----- — liicwe^ *-“ f-nar c----a’—V. llc sucn snons snaxi be axiu//e- ^— aonrns 'r® , iriflg'c-»d as elecrisn or sales sngns unnarresidenmax zones unxess ce—— -1 this Subdivision. ■m Source: Ordinance 55 r 2nd Semes Adopred: 7-25-38 ^ r ^lec-*cn Signs. Election signs are perciitted on P--vaua urocernv in ar.rdisurion provided such signs are rano^ed Slihin uhirnV days following uha alecuron NO election sign shall be perctxttad xn ^^y two months preceding the exectxon rexat-.., - «-* -'9‘ • JfsLa£.iX ' ,•>’f'tq . i •'-' OROMO CC 380-1 (4-1-84) 1 P ^ i. < t*. * r 4 - . ->i 71^: 5 10.51^ • Subd. 2. Signs i.n "a Ois-ric the following signs are pernitted: i ^ non A. Nameplates. 1. One naraeplare sign for each dwelling and such sian shall not exceed two square reet in area jer surrace, and no sign'shall be so constructed as to have mors tnan two surracss. 2 One nameolate sian for eacn dwelling group of six or more units, and such'sign shall not exceed six square feet in area per surface and no sign shall be so constructed as o have more than two surfaces. • nea,3. One nameolate sign for eacn permi-wSd use oc use by conditional permit other than residential and such sign shall not exceed twelve square feet in area per suri.ace. 3. Illumination. Svmbols, statues, sculptures and disuric-. Setbacks, Etc. Any sign over one-half square level. Signs may be illuminated but sucn lighting shal^ be diffused or indirect. Subd. 3. Signs in ”3" and ."I" Districts. Within "3" and'' "I" Districts nameplate signs and business signs are permitwea subject to the following regulations: Source: Municipal Code Effective Date: 9-14-57 A "3-1" "3-2" and "3-4"; Size. Within the "3-1",^ fifty square feet. Source: Ordinance No. 172 Effective Date: 1-1-75 B. "3-3": Size. Within the "3-3" District, the aggregate square footage of sign space InTltuae^- sura of four square feet per front foot of foot per front foot of property not occupied by a building, individual sign surface shall exceed 100 square feet. C. "I": Size. Within any "I" District, the aggregate square footage of sign space per lot shall not exceed . ORONO CC 381 43-1-84) ■A i L ^ .y K. ■ 5 10.61 c__,. ^ar --mt! ^cOw of builc3inc, plus one scuaro lo “t''ler'’“/ronr£loro£ imlividuai sign sutfaca snail axcsen 100 squat. E-... Source: Municioai Code Sffacrive Date:9-14-67 lUt faTpro^eftT/o"£eet into'iny required yard area from the principal building. l L^ Source: Ordinance No^ 172 Effective Date: 1-1-75 District, no sign Shall ^ra-^ |.\°ff|l^r?en “squ'a%%' elet "e ya/d area £roa. any huilding. UJ A Piirraose of Off-3treet Parking and Loading bd. 4. Purp rtff-st-e«t oarkinq and loading spaces '* e r.*.» nr orevent congestion of the puolic Subd Requirements. °f„%“;;\7eVen7'Von^^^ t.h4 pihlicin this Chapter is to alleviate or - ^ general welfare of right-o£-way and for ofd-streetthe public by «®tablishing minimum q accordance parking, loading and J o£ land and structures. Sith the utilization or f“°;tiricace in all districts All applications for an , - jjaJ ’n to scale and dimensioned shall be accompanied by % P^“ ^Ind loading spaces inthe location of off-street parxing a*iva oSmpliancI with the following requirements: Source: Municipal Code Effective Date: 9-14-67 addition to the regulations and requirement| regarding this Chapter, the ”P“Vo °ng cequiredind non-required o££-street ”l u?e dfstricts:off-street packing facilities in ___ A • ^Source: Ordinance No. 172 Effective Date: 1-1-75 B Parking Requirements Waived for construction on September ^^o'' building permit has been issued prior to oep ORONO CC 382 (4-1-84) 12690.2 To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator Date:December 6, 1990 Subject: Residential Lakeshore Lot Standards - Proposed Revision To Lot Width Determination List of Exhibits m Exhibit A Exhibit B Exhibit C Draft Wording Options Existing Code Sections (definitions) Sketches - Effect of Various Measuring Points Discussion ** H-m The zoning code does not clearly define for lakeshore lots the points at which required lot width should be measured. f. The definition of lot width defines the measuring point at the "rear of the required front yard". A lakeshore lot, y definition, does not have a front yard (it has a lakeshore yard and a rear yard). The definition of lot width must be revised to define the measuring points for lakeshore lots (or the definition of "lakeshore lot" must be redefined to include a front yard, which results in other code difficulties). t' Four obvious readily-definable lines could be used for measuring lakeshore lot width. These include: a) the shoreline; b) the rear line of the required lakeshore yard (i.e. the 75' setback line); c) the rear of the defined "rear yard" (i.e. at the required setback from the street); d) at the front (or street) lot line If you so desire, the lot width could be required to be met at more than one point within the lot. '•iTx m • • '-'l. m •I. i^ Tii rnrrili Lakeshore Lot Standards December 6, 1990 Page 2 of 2 What is City's Goal? Planning Commission should define your goals for development of lakeshore property: A. One perceived goal may be to limit the congestion of docks and lake oriented structures at the shoreIxne, and to maximize the area of the 75' protected zone. Thxs has been the historical position of the City, although the lack of a clear definition has resulted in a number of disputes. With this goal in mind, you would define the required lot width at the shoreline and perhaps at the 75' setback line. B. If your goal is maximize the number of lots with lakeshore access, then you would a^ l^^sser^standard or no standard for lot width at the shoreline. Exhibits C are a series of sketches. Sketch C-1 is a items which are technically nc—encroachments in a rear ya^rd, which you would not necessarily want to see in the street yard or a lakeshore lot.) Sketch C-2 indicates the 4 obvious lines at which lot width Wording of the definition of lot width, the proposed subdivision into two 1/2 acre lots might or might not be approved. Exhibits C-3 through C-10 depict a mythical lakeshore Parcel in the 1/2 acre zone and the various lot configurations that in use. Reccsmiexuletiioii *Exhibit A provides draft wording options for the various measuring point definitions you may wish to consider. Also, does Planning Comiv-.V?'.’*n wish to consider redefining lakeshore lots as having some^, other than a rear yard? Thi definition has created much Cwa.?’ i ion when rear yard non-encroachments to the street yard of lakeshore lots. 1 A r- II 43. EXHIBIT A "Lot Width" - The maximum horizontal distance between the side lot lines of a lot measured parallel to the front lot line and at the rear of the required front yard; in the case of lakeshore lotSr lot width shall be measured between the side lot lines: a. b. At the shoreline. At the 75' lakeshore setback line, measured parallel to the shoreline. At the rear of the required rear (or street) yard measured parallel to the front lot line. At the front (or street) lot line. V. f • h •. MMO . .r i=F="/Aj ?t:*--'' J £ *•. . —.• ••*•••* •■ ■• • • • fc*' k4*a« « -5/1 "Lot Ar“a" - The area of a lot in a horizontal34. Lot Ar- _ _ ,• n/^inc anv area ocouoied hv- j lines but noC including any area occupied by bounced by tne - ^ Xake or river or area frequently the waters of draining higher land on under water wnicn series . gj.Qv/th or area which has beenwhich sustains emergent aquau-c gcow..i dedicated as public right-ot-way. nc "r^,^ Corner" - A lot situated at the junction of, and street? thi ?nt^"Aofaifg\e" of-Which does Lt exceed 135 degrees. 76 "Lot Depth" - The mean horizontal discance between t.he front lit irne and^.he rear lot line of a lot. 37.•Lot, Interior" - A lot other than a corner lot, 33. ”Lot line ” - fe„P”.^triL"iS?o ‘’tre"ouluc'figh?-l- “i%fa”priro ’^s%“;u°h"u= r%\°t4na.,.the line'of such public ?icht-of-way shall be the lot line. r • -e^_i.i» _ 't’hat boundary of a lot which abuts39. "Lot Line-rront - -,se of a corner !StTt“sSii°L^i^rs^hit £\r hrfrr:- 3,;:;;: dtstgniTed °by \.""ow^ building , Inspector. an "Lot Line-aear" - That boundary of a lot which is40. Loc bine less than ten opposite the front lot -- . g ‘ g ^ aoint at the rear, .the rear feet in length, or ii. .^7® in 1-ngth within the lot, p^%\Atr Jf^in^d ^t 4e^irxi.o-jo" d^-s-tincT ,ii»^the front lot li.ne. '. .V.V41. "Lot Line-Side" - Any boundary of a lot a front lot line or a rear lot line 42 -Lot-Through" - A lot which has a pair ‘on a front lot lines for applying the Zoning Chapter. 43. -lot Width’ - The the side lot line of a lot measured parallel to toe ctonc Ind at the rear of the required front yard. V '/ /•' T5^ . — -vv .. .■ *•* • . •• •*/• • • • *• A*• • A ^ • 1 nn, <•’»- ^ I. ^ !;\d Source: Municirai Coda Zfzect.L'’/e Data:9-14-c / ,,, » tfv=,T-^ nocTTi--a'—ccs" - Those requiran^encs vhicr. , 'tl^-?e^s-~»'*cf‘vard areas when such ara requiraa reiare excAUSivel/ u..e s--- - within specific zoning dxst—c-s. Source: Ordinance 26, 2nd Series Adopted: 7-14-36 «v,r-^ p-rnn-t"^ A vat^ extending across the front of ^ ^ • ■“ anr? 'tv^Tic becwean tne f ron w a lot between the ““I®.T^^^^'leuired froni yajd setback line. Street line of on both street frontages or which front yard shall lo-s A laJceshore lot shall not be comer lots and dounle ^ be considered a^lalcVs^o’re y^'rTJ one side of the building and a rear yard on the other sid-a of the nuiiding. ordinary a^|-'^^ne^Sef!akS^ setback line, for the full width or the -ot. . seJack lTn“"and^“:r•linr;;- ?5e“lo?! on a lakeshore" lot, the rear yard shall be fronts on the street 1: ing between the street line of -ne lot and the required rear yard setback line. Sotirca: City Code Effective Date: 4-1-34 80.X».^^=^dea—-4 yar^^xtending along the in the yard- regulation located. itreet. 81. "Yard-Side Street" - A side yard abutting a side • • Source: Ordinance No. 172 Effective Date: 1-1-75 82. "Additional Definitions" - Unless ve hove the words and phrases used in tiiis Zoning Chapter shall have he meaning given to them in the Subdivision Chapter. •»a» • m m a » • • sAi..» • *mm0 • a« Source: City Code Effective Data: _ 4-1-84 O-ISTT ffiOt^T UOT 4/A»t* -k* •. •■ ■. ...» .♦» h :’i| ■ «r. . t ref^(4 t^T •OTAI A07 » k >#. pieo/v^r Yak U 1 fnoin y/\riC» s<TaA<»^ i/ajl* 1 Ml a' O' •>Si ■>1 Cy* h :i In \ 'vu a kV vl VI 1 U> 0 V'l |4€A#2 Srvt'AC »: t.'Avit 1 VArCW ■ Vl.I 4 I % St v» S'/ 'i- <?i= ’r Ffff. fj•£ L .VI ^ £ Re A (2 ’(''Aft; c V»> ________ //IMtiiUorGt I •k> >% \ )i ' I • • • .i«« C'-l • aiteat I i'- f3(i.'?i« l/ifcli ^/A/i 1- i'^n ^AA'a. A Ki? A ^ / c: .. s ’ 9or;)’ • iln .,><.>•' ■ I"’" tf^:.I C- 3 i.!.- Ukiii I iii>*i^iai> ■■1: m ••r-l-.v ..; ' » . .V-'. ._ ; 1 2 3.^7 1 ------------1^'2L^ ’mm fr.- .1 ■ ■ V <PC> I&T /\'i LfiOiZiimi //loiZ K . f -V '7 o-V ! ■i 1 1!2 oL__(- -iii?-'------ t^oTZ {'*>f H '‘f m-c.1 -x:' :'V-^J > . r I joo 1 I‘3 a ' /.;?7 I'^rurn At 75'* £»>V>rf Cr-iVACh ’ I lo i.V % ( ff.il. W I I .. C-i •7 C-G ■I ‘i j KVurfitwA-Trtip f ■'1 If* kk.,M: MSWS4 *? Ok.:I *2?*^ /.^^*l (/-^/UT/I /^U‘ASifiif f I AT 7^Sl'Wwt^Cl- / /#'>(.- c^'( C v>'i»l!l:- ) ll^:.':-'':4? ;i^'/i ■ .0-7 30' rzeuuiitfeb /. n’i i^.) I L.*| /\ j /'/r I i' i’ fy j Crr.'i-i-^ ,A/'C' /-'f S7ra*i-^T ^V va :4i'p 4/Ajrr \ 3^* 1 m-n«»■<■ jiti* .mi /(»«^ 'x;/•^.5 '):> t > •/ >.* ' /•>«•>''’ 1 /<»»> '/ Jf '/.»»>* L or i/h\>iX ^T A« ^T»2i*f.7 .ft'it-Ai'L' SV^€lA-iC-\- /.c>( |:VH ^ -wm V1V-"; j II , • t To:Planning Conraiission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planting s Scr.ing Adainistrator December 4, 1990 Subject: Hardcover Standards - Consideration of Revisions Prom; Date: Draft frSfbi^ a/,/so slSibit E - Effect’'of°ProposerRevisions on Various Lot Types 't;* Introduction - orono adopted hardcover tlll^ThfislL^ol major zoning code revisions a discussion topics, i.e. hardcover can be separated in intent of this memo is me“t“ to “dfscufs°"urVrd^^^ standards, leaving enforcement procedures for a later discussion. W-]':- ,v:v Three Basic Issues - staff would request that Planning Commission consider three basic hardcover policy issues: 1 Should we revise hardcover policy to porous >i;ndsca°pin^ materials over pe™eahl« geotechnrcal fabrrc as a non-hardcover landscaping method. •-«. 4-ha ha«5ic method of calculating2 Should we revise the basic metuuu s-oi-al I'-t qiestfon? deteraine I'lTt^er^he'’Ci^^^ should be: A) To maintain a restrictive hardcover standard while simplifying the calculation procedure? B) TO relax the standards to reduce the number of hardcover variance requests? niiith iiilrni r 3^)* YAvC L v“ .y M Hardcover Standards December 4, 1990 Page 2 of 3 Permeable Fabric - Regarding the issue of permeable geotechnical fabric as an under liner for landscape materials f staff is confident that most of the fabrics currently sold for this use indeed allow absorption into the ground while inhibiting weed growth. Certainly, plastic sheeting (which is not permeable until it has aged and decayed) could be considered hardcover from the standpoint that it does not allow direct rainfall absorption. Note however that many landscape beds have a plastic under liner which allows water to puddle and evaporate rather t.han forcing it to run overland off the site. The intent of plastic and fabric underliners is to inhibit weed growth. Absent any under liner, the two remaining available methods for eliminating weed growth are regular hand pruning or mowing, and the use of chemicals. Because most people install decorative landscape beds in areas which are difficult to mow or which are not condusive to growing grass, and because most homeowners do not want to physically pick weeds out of their rock beds, the use of chemicals could be anticipated. In the scheme of things, it may be more detrimental for the lake for everyone to use weed killer on their rock beds than to be using passive weed control methods such as permeable fabric. DNR Shoreland Regulations - Department of Natural Resources is requiring that Orono and all other shoreland cities adopt specific shoreland regulations. The DNR proposes that for all properties within l,00v' feet of the shoreline, hardcover be limited to 25% of the lot area. Most other cities that have a hardcover ordinance currently allow 30%. Orono is the only city which divides the 1,000 foot shoreland district into incremental areas with various hardcover allowances . Exhibit E-1 shows that, when taking the entire 1,000 foot shoreland district as a whole, Orono allows about as much hardcover as other cities and more than the DNR would propose to allow. However, Orono is less restrictive at points far from the lake, and more resxirictive near the lake, than other cities or the DNR would require. Staff is suggesting that Orono reduce the number of zones to just two : A) All properties which abut the lakeshore. B) All non-lakeshore properties located within 1,000* of the shoreline. i mam Hardcover Standards December 4, 1990 Pace 3 of 3 Staff would then recommend that the hardcover allowed on any lot be a percentage of the total lot area. For lots which abut the lakeshore, a 15% hardcover level would generally yield hardcover square footages equivalent to the current code. I.*. Planning Commission wants to decrease the number of hardcover variance applications for lakeshore lotSr this percentage could increase to as high as 18% or 20%. In the non-lakeshore shoreland district lots, staff would propose a 25% hardcover allowance to coincide with the DNR proposed regulations. This will likely reduce the hardcover allowance for lots between 250-1,000' from the shoreline which currently are allowed 30-35% of their total lot area. This will likely result in additional variances for areas furt^.er fr^m the lake. Exhibits E-2 and E-3 help to quantify these effect-. Draft Ordinance - For discussion purposes, attached is a draft ordinance revision which revises Section 10.22, Subdivision 2. Also, the proDosed language revises the definition of hardcover (Definition by describing items which are considered hardcover.2v Staff Recommendation - Staff would recommend adoption of the revised detinition of hardcover as proposed above. Permeable fabric^ rock bed underliners are purposely excluded from the definition of hardcover. Staff would further recommend that Planning Commission thoroughly discuss the merits of revising the hardcover calculation method, determine whether the proposed change is warramted, and based on your goals, determine what percentages of lakefchore and non-lakeshore lots should be hardcovered. m 1 ♦, 1 EXHIBIT /! Hcurdcovejc Anendineiit •" Draft Wording Oj^ono Muni.cipal Zoning Code Section 10»22» Subdivision 2^is hereby repealedr and the following language substituted in its place: Subd. 2« LaJceshore Hardco ^^e r and Land Alteration Regulations* Within 75 feet of*.shoreline there shall be no excavating/ filling# hardcover# ceinporary or permanent structures except as permitted under Subdivision 1 of this section. For all properties which abut the shoreline, hardcover shall not exceed 15% of the lot area. For all properties not abutting the shoreline but located less than 1/000* from the shoreline, hardcover shall not exceed 25% of the lot area. Orono Municipal Zoning Code Section 10.02, Definition 29, "Hardcover" is hereby repealed and the following language substituted in its place: 29. "Hard Cover" - Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Hardcover includes but is not limited to the following: roofs, sidewalks, paved or gravel driveways, patios, decks (including slatted decks), tops of retaining wa 1 \ s and rock walls, decorative landscape areas ir (clean rock, wood chips, etc.) underlaid with plastic sheeting or other impervious material. All driveway areas subject to regular vehicular traffic or parking, regardless of surface material, shall be considered as hardcover. \\ II til*!III ■I JT nailM l l . , . .ni.—.. ■.■mm To: Promr Mark E. Bernhardson, City Adminisrr^ ;,e.i.istraro Michael P. Garrron, Asst Plann-ng Date: Subject August 9, 1990 Hardcover Standarcs Sur-«y..of. Hardcover_Ordinances--------Exhibxt-A- burv y__ various Ordxnan we have conducted a 5“”?^ ®ci\ias''abut^^ all of the Lake ’ ith significant lakes in the Mke, and “g'^^rnot surpr\ but do indicate Of the 14 “ke Minnetonka^ cities, only haye ra'rd'ci,\«"reg|iyons These 5 are^^ Minnetonka Beach (all ^gi°ows 30% of the 0-150' tone to SI hard %“rSd^itra^ setback fro» the lake) and Orono (with our incremental hardcover zone imoervious surface Ixmxtatxon. Tnxs j— Xted by Eden Prairie and Plymouth. A few of the other Lake Minnetonka cities^have^ "lot coverage bv buildings ” standards. Minn ®t coverec irs«u^tu"re".'"^"oXnd “\^^^^^^^ 10% covered by structures. Tho Department of ^pervious ^surfaces to 25% of Shoreland nwR informs me that many of the cities fhl Sreli=ufly“aroptera°3T%\tan'dard are opposing the rdet w. having it dropped to 25%. Having discussed Division work throughout the 3®*'®, «""”®^°‘S^I,“r'reviewed other . citiesof Waters personnel, o?ono'^ hardcover restrxctxons ordinances, I am ar»a. In researching many are by far the in ^Orono's wholesale rezonxng xn of the documents whxch our current hardcover 1975 (which included |he documentation that « prop-®® r ®P®=^“® percentages and Lcremental^zones which Orono adopted. on. can look at ‘his as the City Co^unc^^^^^ and putting Orono in the ^°P®*f°f* restrictive, inconsistent also look at it as being ®»=®»®1’®pra alid surrounding with restrictions ^P®***! “ P'S° need^to grant excessive number municipalities, “Ih pe/centage of propertiesof variances because an unusualxy g v ^ in tha City do not or cannot conform MMtli&iiii'iiiiiwiiiiii r ; Hardcover Standards August 9f 1990 Page 2 of 2 Exhibit A is a synopsis of the hardcover ordinances cf_ 22 id or abut Lake Minneconkar White Hear Li3.K&rcities which surround ..... or other significant lakes in the metro area. Exhibits 3 are a series of diagrams showing the relationship between Orono^s hardcover.'_alJLowances_ on —a-given-size/shape property,, compare- -o the DNR standard and the standard adopted by some other cities. Maps 1 through 3 show the variability based on lot width, .Maos^4 through 6 show the differences in allowed hardcover relatec uO lot depth and lot shape. It is clear from comparing Maps 1 and 3 that most other lake communities allow almost twice as much hardcover as Orono, on typical rectangular lakeshore lots. Maps 4 through 6 indicate that as the proportion of lot area in the 'o-75‘ zone increases, the differences between Orono s limits and those of most other lake communities are even more disproportionate. This also holds true for pie shaped lots. The point of this memo is to document the significant differences between Orono's code and virtually all other area require hardcover variances, Orono's stafr spend a disorooortionate amount of time on hardcover issues, and there is no qrestion that much private time and money is spent in planning for urooerty improvements only to be held up or denied ultimately because of hardcover issues. In most cases, a home owner or contractor who has not previously dealt with Orono's hardcover codes, would not "in their wildest dreams" think that they had a hardcbver problem, based on their experiences in most other cities. The concept of hardcover zones, rather than ijust a percentage of the entire lot area, is most often the point at which homeowners and contractors throw up their arms in disbelief. That is also one of the reasons why staff has to spend significant amounts of time reviewing hardcover calculations - quite often they are not done correctly, due the complexity of multiple zones. Lacking clear documentation that Orono's position is definitely correct and other cities are definitely wrong, I would hope that we could move towards taking some of the complexity out of our hardcover ordinance, and work toward a total l°t area denominator concept while still not allowing hardcover in the 75' zone. (That raises another issue - our 75' setback vs. tne DNR's 50' setback for Lake Minnetonka - but that is an issue ror a future date.) w r •exhibit a status of Hardcover/Lot Coverage Ordinances Uelidential distric-.s) (GD lakes) Lake Minnetonka: IT Channassen - did not respond. 2.Deephaven “ no regulations 3 . Excelsior •* did not. respond. 4.Greenwood buildings« -maximum 30S of lot area may be cohered by 5. 6. 7. 8. 9. Minnetonka - maximum 30% of 0-150' *in shoteland areas. Minnetonka Beach - 30% of lot area - 75' setback. 1/-!+*• aT*of* covered bv structures. Minnetrista - maximum 20% of lot area Mound “ pending. Orono - 0% in 0-75'; 25% maximum within 75-250'; 30% maximum within 250-500'. 10.Shorewood - maximum 30% impervious surface* in shoreland areas. 11. 12. 13. Spring Park - pending. Tonka Bay - no regulations. - maximum 30% impervious surface* in shorelandWayzata ar as. 14, Woodland — maximum 10% lot coverage by buildings. White Bear: 1. Birchwood section). - maximum 30% (not verified - sent us wrong code 2. 3. 4. Dellwood - maximum 30% impervious surface site area. Mohtomedi - no (pending). White Bear Lake - maximum 30% impervious surface* m shoreland areas. r^den prairie - maximum 30% Impervious surface* in shoreland areas . 2. Lino LaJces - no regulations. 1: ri'y^o«t^*-'-fxlm“.S.' Jo%*"!»pervioa, surface* in shoreland nmm STANDARDS - i,^?:,^L*sSore “ndTr«LMCD PROPOSED STANDARDS - maximum 25% Of lot 1 » SO' impervious surface setback from Ordinary High Water »/ - ^|CI>^6£j2! 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I 1 ! ^p- UoT <^SD0 sL (D.2Z Ac") IlS-.^Yo DF • . * #* • ** $ •* « O.M A<^ sS,0^so^C. ‘^ns 5.^- J*?- /\p.^^^ 0.2>7^ 25-/- ^c>T^ / ol S»//\/^Cr ‘ i jv • I 0.3?- Ac AUbv)e5> \\c ' /0i^-L^r. eo(^'iar.. a'iu‘\ '.f. 'SMilC :-|^. zs7o OF I cH » 2,s "A Of «*l 2s '4 oP I : f r 7c ~2^ / » n/ I ^^rr / or s^zr"/ OF LOl )0(AuS * /.t/i/ Ac /5,^)S iC. C*P (K\lK f\ ^0,'ita4c , y 2S'?'» msm 30% il^isA '- 0. n A<^ qVSO s^c, 0. n ^i-iowet:- At. '• ^\^<: la‘U or I'^T' ^ Or* or i<" r A«4A •. D.i \ ^ ‘ *. 0,'l Z 0. '£'2 »'0.34 A< r»- \2»pAs- sL|ljlL,0 iK. 2-T^B :.' •■ ’ 07n ^ i f'>/o ^ io %r 30%. b| 1 A*''n f f 1 or 1 oi or lor 'J C'l ( '* - = /,</'/ AC ■= ■5.^. Co.'ia /r^ 3c>^/p of t Anti K ■fr- \ . hm »M < *Mi •4 ..ri^fea. ".ihj^ -' -■— -“I iifl*[^« A ir ■ r ^ I ,' 4* • •» J • ^ • • C.., i M TO:.-tayor and City Council MarV: E. 3ernhardson, City AdminiSw.awO^.^ <FROM: • «» • . •* DATS:August »t iy90 SUBJECT: Hardcover Variance Protection Attachment: B. rssvs - At the Council'^ ”'dc=virg-a«r"n CallAhan “‘s"! he iited the Foster and Nelson properties. .n ... owners found that when they anpLications in were substantially . in wanted to do improvements wO t..e r p / io^3 owner. While excess of hardcover ^ar-f”= i^^ces absence removals they may have been ^up excess hardcover, thesewithin the existing variance numo - , j-. difficult for them urauthcrited increases maae 1985 the to deal with language in Attachment A in City has used >-he o»andar--.^- The«;e have been filed with inclusion the Cham of title (a....ougn . registered Office Us^-''ed"'‘ther ° is"no\h\ng" thaV aler ts' a title ?rarinVr‘\o the f"c; that this may be a problem for the purchaser. DISCCSSigw - The ^'^g^YoVking to make some permanent oroperty when the owne. J: hardcove** regulations have been icrucrursl improvements. peri'll these have 9one, in effect since the .0 3- ” V^ line* to being a-u- ii-c ijvtf- u.isw period cnese nav« gone in .^‘ ■ j',--ance f’*om being "a guideline" to being aalt.hough placed in ordinance, tmra aei^y period of timesignificant standard to oe ^eelt with. In that_perjo ^ the issue has gone from being a additional change has been refined objective measurement Yeifilered hlrdoover with ?i“«lertvrr'”h«t*nlmlUl J'°E'/Bll rhr’irsItMriV^rea’^if,* irtrirtl, 'rot=e ‘‘l.hr Editions, remodelings or developments. The following teptesent alternatives to consider tor dealing with hardcover. A. eomorehensive Hardcover * TY,v“(o"lll lil'’ratTsS;n“trSaJI'S Slmller • • • > j^R^x ^P ^ Mtm^ -^aummm .•^•XaklSi5iKa&:, • ’V '• • • •'.- *' . • N-»- ^ sir to the septic ?4J%n^each'ctop«V/““?S^ out and inventory har- pgqu lac/occasiona 1 basis to then could inspect on a i„ conforntance. determine if no>- be in conf orntance, the City Should the rooerty owner to come into would then require ^he pro baseline. The problem conformance with t.he esta {.j^g City, once t.he with this ^PP'^°^?^_u_j^v*ould be in a position for the baseline g by case basis which ones wouldCity determine on a case by percentages. Or it may be allowed to P® °ver the gi . variances to be in fact require acc-ot eacl one with a blanketabove those or ]ust to ecc pt ea acceptance statement as o. a cercs. .. •««-ions - If the City wanted to 3- New when they ace continue only >-hat r«*quire oerniits (or on seeking to expand buildings j City could a complaint basis for ip ^ but do one of continue in "*^"3^3 that what was approved is inthe following to cnau ♦'act what is installed. These inciua A. Requiring the «^%"/nVon''loppleti^on-aate Is in fact that what was approved. Hn the indepth measurements upon 3* r-he City currently only does a =.!-s«rceview Uich only yields if specific items ace removed as indicated.; recui-“ that the City Cor such vacian%er?rve a type of -certificate of occupancy for completion of the pcojec-- in addition the t^?fior%"rUrU£Tc“te in order to ensure that it s„dcover is in of occupancy for this. ’*This approach hcweverp ^'"Ta^'o?d^"^"S^^i»p•roJe^en?^..d. after the TJdlfflni“‘'>;i."^«A«“'^^^^ Of‘credit outstandinP on the property c. newised Standardired £a2^i^„-.J;Jjl'j.“yi|ce‘’Set the current TOpuepe "fjnotice re^ardlnj property *,*P®5Aipdi2ed^ language together with tnclusion of the survey tn "J®J®^°"„a%herefor. a spec if tea llv alert ^ ®tha" effectively anything S^fhr;i^p,»rnh ” U nc“t“.h'ol“n on tn. aureey may l« Kite I .1I •4 i- '; I ■1 I. I i «( I i £3Ct be considered '’ardeovec. Tbp oay :JtVrnat"i/e“to- ^bls IVulrb^^reterence to^baee^ « ?«!: '^TM“s"loolTbVVven more 'sta^' intensive.! n Os.,/,-cinn of Standards for Hardcover - I"stead_ of^ the □e Revi5n^ — — n'rPv^rouid look at revamping to acurrent standards the C^ity g^eraXl on t.te property reftrfctTo b“d“over r"tln,‘s"r “le to this is t«a'=?"=°"J==^"3V4cTvery reduce the SSSEer'^^f^J^ce^ re,uire^^^ given no hardcover in the u /a r remain our owndifferent from ^he present. If w® remain Standard there may be times when tne ux / t* LMCD's may be in conflict. F y ' . __ _3Mn-off Comouter Model -Develop A Storm rfat-- ^nn be to "n,“po “ssille ‘and L“a?re^dy i“ifffcu\^- exerlise"lnfi'nitely more complex as each property woild need to do a topographic survey and have that computerized to the model. ACTION ALTERNATIVES - Accept the information. 2« Indicate any desired direction.m 3. Take no action. tiV* 4. Table. becomm ENDATI^nost ”ruitf^l*appcSacheVt^^^ ij|:I^^^:^“suSS?a:??a^1nc^Vas, iS^City staff or expense. A. Explore upgraded standardised language and Inclusion off survey vlth property filings B. Require a r«7“'V"var’i«ce*^Uh the'^poss*i'bil*ity ft" security to iSs’irS that such a reconfir.ation is completed. C. took at revising the standards during the process of "ViL- iu£. 1 bringing the City shoreline regulations into acsordance with DNR/L.VCD. PROPOSED MOTIOM - Moved by _, seconded by _, that the Council direct staff as to the areas it desires to improve hardcover protection. Ayes __» Nays __. ■ , ■V* .IHm- .‘ ■ j* \ . ’K. Z'oti \ m0mt- U I :| t $ Iif e* I I Tot ?ro*t Datat Subjact I joonnfl Mnhunth, nulldlm « Adr.ir.lntra-.o «lcn»»l ». O-^ron, A»-r. Pl.nnina . r-onlna Adn,lnl«rAr.=r August 8» 1990 St.mdnrd Hnrricov<'r Hnnolutlon Wordino i^pvi.s0ci h32Tcicov0irPlease consider the following slightly rev.seo boiler plate: 1. Hardcover in the -----ha%^c^over^app*rov^ ^ance^FProval is as Pages _• The current diagram encioaed ‘ owners of this property areor^verZY owner and all future increased above the on notice that "any prop'-^ed improvements of currently It additional hardcover must be f%g-rioertv that will result in aa result in a requirement SJpl^ovVd'^ by the City. Such ^ppro^^^teJ Existing for concurrent ^®"5__^Pover scheduled for removal as a “Js-'i. “i " ...».. .«■ inspection for the new construc.ion. Please review and a^new%^a°ndar? fo^at-^resolut^ fo^ vir\anceranf includes this oi er plate• Isv WM V y. 'V A... L>» i /: -4 •v, V. j •1* 3) iU . fe:Subd. 5. Area, Height:, Lot Width and Yard Keqnrrer.ents. « A. Haighz. No szrucrure or builcinc shall excsed 2-1/2 stories or thi^-y feet in height except as provtcec an Section 10.75. be observed: B. Lots. The following miniriun requirements shall Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to Street Rear Yard 1/2 acre 100 feet 30 feet 10 feet :eet 30 feet Within any nis--^-c- the followina regulationsFamily Lakeshore Residential DiSw..-Cw hoj. shall apply: subd. 1. Lakeshore Set Back Regulations. The setback from the shoreline for lakeshore lots: A Shall be 75 feet for all structures except that.on laheshore ions divided by a .aior th not in excess of 20 square feet in ar reou’-es a buildingallowed on the lakeshore portion of the lot and requ—es a permit from the City. §:ii^rrtanSardrind “ specifications ) ex'cept t^ this does not apply to structure allowed in subsection A a ’"“‘’"•w^hin"N^”f\“t o"/"/horerinrther%"%h\\\“ee“no" «la^«\ngr filling, hardcover,. teMporary - hardcover. Within 2S0 feet to 500 ^«at « the shorelin ^ ^ shall bo_no 35^ haidcover.feet of^the'shoreline there shall be no greater tn ...a . • .*«• • ^•• . • m» • • • ^ ORCHO CC 283 (4-lr34) i:. sAa..- - t-;;; " • ^ ^ 7-^2'-\^tX-. o *j -'■' "'“T ' - I ^AJ(^ U*JOUL-^-ik /itiUjDuJ ZST^* }^Co'>^‘/crr.^ 1 *•>.11; : Kf It- ■ -•' / / 5 ! =T^rZ),occ rV.i Dfiotity ^i/«rte^tJ'n.‘-f i^ouuc* » .Sr Xx/aoO) •= /7^;60 q I ^ .of J;-^5-r3a .30 X (z^^/OOO^ S. -7;£-^^.3^ , 2,T~ Pf ^ns ro 0'*>r f^5^~rsv looo' 7^ /<roo * 'p£ArF^T tAiO/tb/WO. /«-C.OUM^ v^- /S ^ , %SO >*fooo p< 7 TO K /ooQ y<>7J^ g-1-^7 j 2-a^,oo0 s4. 4 Fi- /AJtS^CAre^i. -^A/Aj f>rt. t^^zz Sv-seCu CAJ (Sat —<S i. t [....... ^^Y^fS^UO^L ■ • A kOLttX^ /4-t- /v7" U ^0^- /jr/o /4?’/o / I^T^A^CA.^:> 1 ..:>1 c^^ _,_S~0 X/St5 7r!>0 4?J7 9 Vo f /S'^O ,_f//zr -ffsoo [ 5“0 X ZOO jo^ Ooo ^.2-S / 57^0 f 2a>o .vl^_7^"Co t /feoO r. 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J3 _..9J.noO /rcfoo - (^000 »-V V *¥' i li — • •« • • r. 19 ♦1 — •« '1 * t % 121290.1 Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administrator Date December 12, 1990 Subjects Non-Encroachments within Lakeshore Protected Area This overdue amendment has been discussed for years. The City has allowed the installation of lakeshore access stairs or grade-level stairs for lakeshore lots that have severe lakeshore topographies prohibiting access without authorizing in that ordinance. In an attempt to minimize the impact of these structures, staff has followed informal standards as follows- 1. 4” maximum width for stairs or grade-level step pads 2. safety landings limited to 4'x4' (safety landings required every 12') 3. railings are limited to 36" The City has never approved coverings or larger safety landings. If any have been proposed, they were presented as variance applications for the City's review and action. Section 10.22 was amended in 1984 to allow lock boxes for lots divided by a major thoroughfare. The lock boxes were not to exceed 20 s.f. in area or 48" in height. .Staff would propose the following amendment or addition to Section 10.22, Subdivision 1 to include not only stairs and grade-level step paths, but for lifts. Lifts provide less visual impact than a stairway. The Planning Commission is asked to review and comment on the proposed amendment as follows; Section 10.22, Subd. 1. Lakeshore Set Back Regulations. The setback from the shoreline for lakehore lots shall be 75 feet for all structures except for the following: A. On lakeshore lots that have steep slopes to shore areas restricting access up and down bluffs, stairways and lifts are preferred to major topographic alterations. Stairways, grade-level step paths or tracks for lifts are allowed and shall not exceed a 4' width. If landings and railings are required by the building code, the dimensions for a landing shall not exceed 4'x4' and the railing shall not exceed a height of 36". All such structures will require building permits. I . Lakeshore Protected Area December 12» 1990 Page 2 of 2 B. On lakeshore lots divided by a major thoroughfare, a lock box not in excess of 20 square feet in area and 48 inches in height is allowed on the lakeshore portion of the lot and requires a building permit from the City. Staff has enclosed sections of the DNR Shoreland Regulations dealing with water oriented structures and ot.ier approved accessory structures in lakeshore protected areas. Clearly, the Orono code has far more restrictive standards than the proposed DNR Shoreland Regulations within the lakeshore protected area. Members are asked to review in order to determine if there are other accesory structures that may be added with this amendment; structures that have minimal visual impact, hardcover and structure; i.e. pumphouse (not to exceed certain footprint area and height), security lighting (height limitation, shielding), etc. The scope of the legal notice would allow Members to consider other "non-encroachment" type structures within the lakeshore protected area. Enclosed - Ordinance Portions Section 10.22 DNR Regulations - 4 Pages p.-s 1 ; , m’ ff-|£l 5 10.21 Subd. 5. Area, Height, Lot Width and Yard Requirements ‘o', iss- Section 10.75. be observed: B Lots. The following itiinimum requirements shall Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent to Streer Rear Yard 1/2 acre 100 feet 30 feet 10 feet 15 feet 30 feet cur* 1 n 32 regulations FOR ■LR”1A", "LR—IA—1*» •LR—IB , -LR-IC- and "LR-IC", or "LR-lC-1" One Within any LR-IA , LR lA 1 , . ^ ..u- ^cllowina regulationsFamily Lakeshore Residential District the following .-guxa shinXX • , Subd. 1. Lakeshore Set Back Regulations. The setback from the shoreline for lakeshore lots: A. Shall be 75 feet for all that on lakeshore lots divided by a is the CitV« residence buildings on adjacent lots (re er this does notDesign Standards and Specifications) except that this does not apply to structure allowed in subsection A above. Subd. 2. Lakeshore Hardcover and Land Alteration Regulations. Within 75 feet of shoreline excavating, filling, hardcover, temporary or permanent struct 250 fee^ ofthe shoreline there shall be no hLdcover. Within 250 feet to 500 J^„%fo°feet to shall be no greater than 30% hardcover. . — t*han 35% hardcover, feet of the shoreline there shall be no greater than 35% hardcover. ORONO CC 283 (4-1-84) .Jumm H bNlL ^ r—use” means the use of land Su.^ace ^a--. where access to ana use or a s^r.c:CB_ for comme-c-a- - :--ac*'a’ oar“ of the normal conductance or water feature .s an a-d '“staurants with transientbusiness. Mar.naSf ..asw..-o/ use docking facilities are examples o. such use. ^ ..u ""’ce of t‘'e bluff" means the Icwe/SSinc^^ra ave.a,e alcpe e.^eedi.-., 18 percent. Sabo I3c Too of the bluff. "Top of the bluff" .iiear.s the highefpoint of a 50-foot segtient with an average sxope exceeding 18 percent. _ . ,Q T7arid»nr'p "Variance" means the same as that tern ^“a^fU^d or described in Min.oesota Statutes, chapter 394 \/ cnhn 20 Water-oriented accessory structure or facility. \/ Suop. 20. or facility" means a srnal-, needs to oe located ^ sr>--c-”res and facilities ?SciuirboS«, ,g^ screen'houlesl fisn hcuses, punp housesr and detached decxs. cnm 21 Wetland. "Wetland" means a surface ''^ater Wildlife Ser/ice no. ^ througn the Minitex t;:=Jr!?b?a?y ^Lri^n'enl'and trnif^ubiect to freguent change. MS S 105.485 13 SR 3029 6120.2600 POLICY. The uncontrolled use of shoreiands adversely acrects the inS n*? 116 394, 396, and 462, the commissLoner wise use of water and related land resources of t MS 9 105.485 A-1.6 i-. V • 1 hNH anticipated, the structure is built tc wichstar.d ice action and wind-driven waves and debris. C. Bluff irnpacr zones. Structures and accessory facilities, except stairways and landings, must noc be placed within bluff imoact zones. D. Steep slopes. Local government officials muse evaluate possible soil erosion impaces and developmenc visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. £. Proximity to unplatted cemeteries and significant historic sites. No structure may be placed nearer than 50 feet from the boundary of an unplatted cemetery protected under Minnesota Statutes, section 307.08, unless necessary approval is obtained from the Minnesota State Archaeologist's Office. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. F. Proximity to roads and highways. No structure may be placed nearer than 50 feet from the right-of-way Line of any federal, state, or county highway; or 20 feet from the right-of-way line of any town road, public street, or others noc classified. G. Height. All structures in residential districts in cities, except churches and nonresidential agricultural structures, must not exceed 25 feet in height.ures.,7=Accessory structures and facilities. Ail accessory structures and facilities, except those that are water-oriented, must meet or exceed structure setback standards. If allowed by local government controls, each residential lot may have one water-oriented accessory structure or facility located closer to public waters than the structure setback if all of the following standards are met: (1) The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point. (2) The setback of the. stru';cure or facility from the ordinauy high water level must Be at least ten feet. A-1.2S 1 i liE * .p. » ' f' ■ f' ■s‘bi-' *v'as“^tje^'^from ocbiic'-jatsrs'^ai ’d adjacsr.: Lbo^eIa^d^bi-veie?3ci;b•, ' or ocber means acbepcaoie ro tne xocai ar... o. gove.e..., assuming summer/ leaf-on conditions. (4) The roof may be used as a dech with sarecy rails, but must not be enclosed or used as a storage area. suDoly or sewage treacnienc £ac--ities. As an alternative for general developmenc and recreational fge-yaterbodles. ^ storage”? ?ll?ted “®"'^;;o5iqu?relee?"S?ovlded the :!;:“id?h-^or?hi-s=?u“Sre TsJO feet as measured parallel to tile configuration of “he shore--.ne. (7) Any accessory structures or facilities not ^??S;?2r:S%?1”lU?”rj;usrm?e? ^i?eef s??S??.:?rUatba=. Standards. I Stairwavs, lifts, and landings. Stairways and lifts are the preferrid alternatiue S?ips^fnd'ste-o alterations for achieving access up ff,??"" slooes to shore areas. Stairways and I—-s must meet following design requirements: commercial propevties, public open-space rec.eationa orooerties, and planned unit developments. (2) Landings for stairways and lifts on residential lots must not exceed 32 square feet Landinas larger than 32 square feet may be used uor comme.c^a properties, public open-space recreational properties, planned unit developments. (3) Canopies or roofs are not allowed on stairways, lifts, or landings. (4) Stairways, lifts, and landings may constructed above the ground on ^^i^Jff'in'^a^niannecthe ground, provided they are designed and built in a manner that ensures control of soil erosion. Xocabed in fh, ”i?ewef f??« She s!?fa« of the public water assuming summer, A-1.26 -. .. ^ h * i ON K d. leaf-on conditions, whenever practical. (6) Facilities such as rar.ps, lifts, or mobility paths for physically handicapped persons are aiso a--owed ..or^ achieving access to shore areas, provided that the dimensional and performance standards of subitems (_1) to (5) are complied with*in addition to the requirements of chapter 1340. J. Decks. Except as provided in item H, decks must meet the structure setback standards. Decks that do not meet setback requirements from public waters may be allowed without a variance to be added to structures existing on the dace tne ^ shoreland structure setbacks were established by ordinance, it all of the following criteria and standards are met: (1) a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (2) the deck encroac.hment toward the ordinary high water level does not exceed 15.percent of the existing shoreline setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (3) the deck is constructed primarily of wood, and is not roofed or screened. Subp. 4. Shoreland alterations. Vegetative alterations and excavations or grading and filling necessary for uhe construction of structures and sewage treatment systems under validlv issued permits for these facilities are exempt from the vegetative alteration standards in this subpart and separate permit requirements for grading and filling. However, the grading and filling conditions of this subpart must be met for issuance of permits for structures and sewage treatment systems. Alterations of vegetation and topography must be controlled by local governments to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, presey>/e historic values, prevent bank slumping, and protect fish and wildlife habitat. Public roads and parking areas, as regulated by subpart 5, are exempt from the provisions of this part. A. Removal or alterations of vegetation, except for forest management or agricultural uses as provided for in subparts 7 and 8, is allowed according to the following standards: (1) Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clviaring outside of t.hese areas is allowed if the activity is consistent with the forest management standards in subpart 8. A-1.27 To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Date: Subject: Michael P. Gaffron, Asst Planning & Zoning Administrator March 13, 1989 Zoning Code Amendment - Fence Height/Non-encroachments List of Exhibits - Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Add/Delete Format Revised Version Version for Code Insertion _ ,„ lonfl Planning Commission Minutes of 7/18/88 This soning code, amendment support of the proposed amendmvUit regarding rail ences. A number of Planning Commissioners “ ^^1 *?imVto"^ •menduent wording was hard to folio fonat to a standardized format iS;wiV,*^h\T!rfei“n\%*dle%^^^Twi:tn^^^ --t format is ittached for your review. At that meeting. Planning Commission recommended four revisio.ns to the j^oposBd wordin^r follows 2i;. S' /s-jss'.r.'.-a.u;-, -s^ instead of 5^, from the existing 2' standard. 2. Planning Co.maission reguested section. ^ l:tTA -i"4“rst|te" M fundea c,ry --s <These^ include ^°^^R*ing °Route"^^(McCulley Road) link between County Road 6 and County Road 19e 3. Planning Commission requested a°Y*f^n«s legal*ly L\M?nV c“n^-’/.e-dTe“S - remain. This has " ®'*'**^,'’Jon®ept of -grandfathering ’ such ?encet"Ly°Sf=oirid«e?!nherent in any stoning law that is adopted, htnce language to that effect may not Jbe necessary. 4 uflfilmiTi Zoning Code Amendment March 16, 1989 Page 2 of 2 - Fence Height/Non-encroachments 4. Planning Commission expressed a concern regarding whether the proposed standards were acceptable to accommodate large animal fencing, i.e. horse fencing. Staff has not as of this writing checked into the fence heights necessary to contain horses, however, it is likely that the 54" (4%') height limit will not cause problems. This can be checked into if you so desire. Staff Recommendation - Staff would recommend that Planning Commission review the existing and proposed language of the non-encroachment section, and specify which sections, if any, require additional review, if Planning Commission is comfortable with the wording as proposed, a recommendation for adoption would be appropriate. «• / ■j ?; iiafiiinifi n III ■ r*i^i n 'liM. PROPOSED VERSION IN "ADD/DELETE" FORMAT ORDINANCE # r SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE NON-ENCROACHMENT AND ACCESSORY STROCTORE SECTIONS OP THE ORONO MUNICIPAL CODE Y-O The City Council of Orono ordains as follows: following language in its place: Subd. 15. Non-Encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, the like provided they do not extend more than 1-1/2 feet laterally into the reouired yard from a structure t^ ^ n^ located witnin ^ —Jff^reee parking except aa Sireenaeter regaiatedT B Name elate signs for one family dwellingsr Lights for illuminating eirkinr IreaL loading areas, or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property. Such lights y ^ be located to within 5 feet of the front lot line. ♦ • hi C. Fences which do not exceed 3-1/2 feet in height; fences not six feet in height along the street lot line of lake fron-age lata which front on a ma^or thoroaghfarer if Ihllt eembined height of both fence and fell shall not exceed 6 feet above the height of the erown of the roadr terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two ten feet from any lot line. D. In side or rear yards onlyj_ bays which ^ not to exceed a depth of two feet nor to which contain an area of more than twenty square* feet T? fire escapes which ^ not to exceed a width of and walls which do not to exceed a height of 6 feet above grade and opiFTfr-street perking except for lakeshore er wall ever forty-two inches bet not ±n excess of in height above original grade may be located closer J® than the average distance from the shoreline of existrng residence buildings on adjacent lotsr aneh fences shall not be consbreeted within 75 feet of the shoreline except as regulated hereinafter. I I L E. In rear yard onlyr^ accessory structures and eouirment such as balconies, breezeways, detached^ outdoor picnic shelters and recreational equipment except as regulated hereinafter, no aeeessesy structure shair be cioser than when such accessory structures or eouicment are located at least 5 feet from a rear let line norr sr.aii a<r No fence or wall constructed within a rear yard shall exceed a height” of 6 feet above original grade. However, for lakeshore lots which bv definition do not have a front yard, but have only a '*lake- shore yard" and a "rear yard", no fence exceeding 3-1/2 feet in heient is allowed within the required rear yard, except a fence not exceeaing 6”feet in height is allowed along the street lot Tine of lake frontage Tots whTch front on, but are not divided by, a major thoroughfare f fiTT is recruired, the total combj ned height of boTh fence and shall not exceed 6 feet above the heirr*''*: of the crown of the_ road). A major thoroughfare for purposes cir* ' <>j ; section ^ any Federal, State, or County highway, or any vi . F. In side yards only—no accessor^' _ructure shall be closer than 10 feet from any side lot liner nor shaii No fence or wall constructed within a side yard shall exceed a height of 6 feet above original grade. G. Name plate signs for one family dwellings. H. Off-street parking _ _ regulated in ~tKe Municical Code. in anv required yard excect as otherwise I. Fences and walls exceeding 3-1/2 feet in height mav not be located cioser to the shoreline than the "average lakeshore setback", defined as the average distance from the shoreline of existing residence BuilHTngs on adjacent lots. Fences or walls of anv height shall not Be constructed within 75 feet of the shoreline, regardless of fhe average lakeshore setback. j. In any location where a fence not exceeding 3—1/2 feet in height is normally allowed, a rail fence meeting the following performance standards is allowed to take the place of such fence; i. Maximum post height 60 inches. Minimum post spacing 72 inches. Maximum top rail h^ght 54 inches. TT Maximum fence opacity 33%. For purposes of this subdivision, the following definitions, apply,; 1. Opacity (opaqueness)t percent of light blocked, or 100% minus percent of openness as viewed perpendicular ho _ the * ^Si£ measurement purposes^ opacity ^ total width of rails divided b^j^ tojc rail height times 100. 2. Post height; original ground level to tic of post 3. Post: vertical columns supporting the horizontal railsmaximum width/diauneter » ? inches. J i 4. Top rail height: ground level ^ highest point of t^S. measured vertically. 5. Rail: Inches. horizontal member> maximum vertical width/diameter » 6 Refer to Orono Manual of Design Standards and Specifications for a diagram of fence types which meet these criteria. ■BCfTnn 2 Adoction and Publication. This ordinance shall be effective 5“n ™dopkoS: a short sugary shall be published in the Laker and Pioneer newspaper.i Adopted by the City Council of Orono on this 1989# by a vote of _ _ ayes and _ _ nays. day of Dorothy M. Hallin# City Clerk James R. Grabek# Mayor • ^ .Tl' • ■ - . 'la 0RDINANC3 # , SECOND SERIES AN ORDINANCE AMENDING PERFORMANCE STANDARDS TO THE NON-ENCROACHMENT AND ACCESSORY STROCTORE SECTIONS OP THE ORONO MDNICIPAL CODE / » The City Council of Orono ordains as follows; SECTION 1. Chapter 10 of the Municipal Code of Orono is hereby amended by repealing Sections 10.03, Subdivision 15 A through F, and substituting the following language in its place; Section 10.03, Subdivision 15 - Non—encroachments. The following shall not be considered to be encroachments on yard requirements; A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters, and the like provided they do not extend more than 1-1/2 feet laterally into the required yard from a structure that is not located within the required yard. B. Off-street parking in any required yard except as otherwise regulated in the Municipal Code. C. Naune plate signs for one family dwellings. D. Lights for illuminating parking areas, loading areas, or for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent resxdential property. Such lights may be located to within 5 feet of the front lot line. E. Fences which do not exceed 3—1/2 feet in height?^ terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the princxpal buxlding and extend to a distance of not less than-3-^ feet from any lot Ixne. F. In side or rear yards only; bays which do not exceed a depth of 2 feet nor which contain an area of more than 20 s.f.; which do not exceed a width of 3 feet; fences and walls whxch do not exceed a height of 6 feet above original grade, except as regulated hereinafter. G. In rear yard only; accessory structures and equipment such as balconies, breezeways, detached outdoor picnic shelters recreational equipment except as regulated hereinafter, when such accessory structures or equipment are located at least 5 feet from a rear lot line. No fence or wall constructed within a rear yard shall exceed a height of 6 feet above original grade. However, for lakeshore lota which by definition do. not have a front yard, but have only a -lakeshore yard" and a -reajr yard", no fence exceeding 3-1/2 feet in height is allowed within the required rear * fence not exceeding 6 feet in height is allowed the street lot line of lake frontage lots which front on, but are ® major thoroughfare (if fill is required, the total combxned hexght of both fence and fill shall not exceed 6 feet above the height of the crown of the road). H. In side yards only, no accessory structure shall be closer than 10 feet from any side lot line. No fence or wall constructed within a side yard shall exceed a height of 6 feet above original grade. I. Fences and walls exceeding 3 —1/2 feet in height may not be located closer to the shoreline than the "average lakeshore setback , defined as the average distance from the shoreline of existing residence buildings on adjacent lots. Fences or walls of any height shall not be constructed within 75 feet of the shoreline, regardless of the average lakeshore setback. J, In any location where a fence not exceeding 3 —1/2 feet in height is normally allowed, a rail fence meeting the following performance standards is allowed to take the place of such fence: 1. Maximum post height 60 inches. 2. Minimum post spacing 72 inches. 3. Maxim ’om rail height 54 inches. 4. Maximum fence opacity 33%. For purposes of this section, the following definitions apply: 1. Opacity (opaqueness): percent of light blocked, or 100% minus percent of openness as viewed perpendicular to the fence. For measurement purposes, opacity =» total width of rails divided by top rail height times 100. . ^ ^ 2. Post h ight: original ground level to tip of post. 3. Post: vertical columns supporting the horizontal rails, maximum width/dlauneter - 8 inches. . ^ ^ j i4. Top rail height: ground level to highest point of top rail, measured vertically. . . . c 5. Rail: horizontal member, maximum vertical width/diameter » 6 inches. t »r to Orono Manual of Design Standards and Specifications for a diagram _ _ _ __ _ _ _fvJ*^'types which meet these criteria. CTIOH 2. Adoption and Publication. This ordinance shall be effective on adoption, and a short summary shall be published in the Laker and sneer newspapers. opted by the City Council of Orono on this a vote of____ayes and nays. 1988, >rothy Hallin, City Clerk James. Grabek, Mayor t I Ml 1..1M- - -— - - -aim. ORDINANCE # , SECOND SERIES AN ORDINANCE AMENDING PERPORMANCE STANDARDS TO THE NON-ENCROACHMENT AND ACCESSORY STROCTURE SECTIONS OP THE ORONO MUNICIPAL CODE The City Council of Orono ordains as follows: SECTION 1. Chapter 10 of the Municipal Code of Orono is hereby amended by repealing Sections 10.03, Subdivision 15 A through F, and substituting the following language in its place: Section 10.03, Subdivision 15 - Non-encroachments. The following shall not be considered to be encroachments on yard requirements: A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters, and the like provided they do not extend more than 1-1/2 feet laterally into the required yard from a structure that is not located within the required yard. B. Lights for illuminating parking areas, loading areas, or yards for safety and security purposes, provided the direct source of light^is not visible from the public right-of-way or adjacent residential property. Such lights may be located to within 5 feet of the front lot line. C. Pences which do not exceed 3-1/2 feet in height; terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level to the principal building and extend to a distance of not less than 10 feet: from any lot line. D. .In side or rear yards only bays which do not exceed a depth of 2 feet nor which contain an area of more than 20 s.f.; fire escapes which do not exceed a width of 3 feet; fences and walls which do not exceed a height of 6 feet above original grade, except as regulated hereinafter. E. In rear yard only: accessory structures and equipment such ae balconies, breezeways, detached outdoor picnic shelters and recreational equipment except as regulated hereinafter, when such accessory structures or equipment are located at least 5 feet from a rear lot line. No fence or wall constructed within a rear yard shall exceed a height of 6 feet above original grade. However, for lake- shore lots which by definition do not have a front yard, but have only a "lakeshore yard" and a "rear yard", no fence exceeding 3 —1/2 feec in height is allowed within the required rear yard, except a fence not exceeding 6 feet in height is allowed along the street lot line of lake frontage lots which front on, but are not divided by, a major thoroughfare (if fill is required, the total combined height of both fence and fill shall not exceed 6 feet above the height of the crown of the road). A major thoroughfare for purposes of this section is any Federal, State, or County highway, or any MSA funded City road. r F. In side yards only, no accessory structure shall be closer than 10 feet from any side lot line. No fence or wall constructed within a side yard shall exceed a height of 6 feet above original grade. G. Off-street parking in any required yard except as otherwise regulated in the Municipal Code. H. Name plate signs for one family dwellings. L’t: I. Fences and walls exceeding 3-1/2 feet in height may not be located closer to the shoreline than the "average lakeshore setback", defined as the average distance from the shoreline of existing residence buildings on adjacent lots. Fences or walls of any height shall not be constructed within 75 feet of the shoreline, regardless of the average lakeshore setback. J. In any location where a fence not exceeding 3-1/2 feet in height is normally allowed, a rail fence meeting the following performance standards is allowed to take the place of such fence: 1. Maximiun post height 60 inches. 2. Minimum post spacing 72 inches. 3. Maximum top rail height 54 inches. 4. Maximum fence opacity 33%. For purposes of this section, the following definitions apply: 1. Opacity (opaqueness): percent of light blocked, or 100% minus percent of openness as viewed perpendicular to the^ fence. For measurement purposes, opacity = total width of rails divided by top rail height times 100. 2. Post height: original ground level to tip of post. fe.3, Post: vertical columns supporting the horizontal rails, maximum width/diameter ■ 8 inches. 4. Top rail height: ground level to highest point of top rail, measured vertically. 5. Rail: horizontal member, maximum vertical width/diameter » 6 inches. Refer to Orono Manual of Design Standards and Specifications for a diagram of fence types which meet these criteria. SBCTZOH 2. Adoption and Publication. This ordinance shall be effective upon adoption, and a short summary shall be published in the Laker and Pioneer newspaper. Adopted by the City Council of Orono on thi day of 1989, by a vote of ayes and nays Dorothy M. Hallin, City Clerk James R. Grabek, Mayor • !> 1 Jj I. jv.02, 5’£'C^T70^ Subd. 15. Non-Encroachments. The following shall not be considered to be encroachments on yard requirements: ^ISC- A. Chimneys, flues, belt courses, leaders, sills, nilasters, lintels, ornamental features, mechanical devices, cornices, eaves, gutters and the like, provided they do not extend mote than 1-1/2 feet, off-street parking except as hereinafter regulated. B. Name plate signs for one family dwellings; liahts for illuminating parking areas, loading areas or yards for and security ourposes, provided the direct source of light is not visible from the public right-of-way or p?op2rty may be located to within five feet of the front lot line. c Penc°3 which do i ot exceed 3-1/2 feet in height, fences not over si/f“et in height along the street lot line of ate frontage lots which front on a major thoroughfare, required, the total combined height of both fence and fi-1 shall not exceed 6 feet above the height of the crown of the toad, terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Street parking except for lakeshote lots, no fence or wall over forty-two inches but not in excess of seventy-two height above original grade may be located closer to the shoreline than the average distance from , , existing residence buildings on adjacent lots, such fences shall not be constructed within 75 feet of the shoreline. E Rear yard only; balconies, breereways, detached outdoor picnic shelters and recreaf onal eqiipment as regulated hereinafter; no accessory structure shall be closer than feet from a rear lot line nor shall ^ within a rear yard exceed a height of six feet above original grade. F. Side yards only; no accessory structure shall be J ^on%tVuVted'^:rt>^"n^ntd% ^;a‘rd\\«^^^^ h%^fgV^t o%'sT^felt a^ve original grade. e„K,i Traffic Visibility. No fences, structures orSubd. 16. Trarric vi»*w j District on corner lots Shall he PV?f /Vii^rs. -triangular area defined as follows. neginn*i*y streets, thence of the projected curb lines of two intersecti g nnlnt thirtv thirty teet along one curb line thence diagonally to a point thirty leet eron the point o£ beginning on the other curb line, thence to the point of beginning. hxhotbs of ths FuumxiiG coioassioii kbstihg hbld JULY la# laaa SONIKG AMEHDMBNT-SICNAGE - CONTIMOEO ... . ^residential areas and the amount of time -temporary" algne may hilaved, ^e problem aigna are those that are allowed by Conditional Ose Peral^on public right-of-waya, together with •i9na in residential.?r.r” ncitlSn. b.m« uum^l cr«.«i.ny. The th. ordln.ne. 1. to .llnin.t. onooln. tenporory .Ign.. nreaentlv let their permit lapse and then apply to renew again and ?f!I!Ion asked whether this aff^ed garage sale signs. Mabuath stated that it would if thoae signs were located in a right-of-way. The recoimendation is ^ add language to the existing signage Ordinance, sub-paragraph A ■tatlng that no conditional uae permit will be issued by the Council if such a^permit or temporary permit has been issued in the previous 24 annths. Mr. John Hollander asked about enforcing ordinance and whether jwblic rioht-of-way pertained to County Hoads or Orono City Roads. He11c/ responded by saying public right-of-way means County, Cl^, Mabu^ stated List illegal aigna on County Roads would be picked up by the County# etc. JrellSus 24^months and that no such signs be allowed in residential tones. permit reqniresMnts could not be renewed indefinitely. It was moved by Johnson# seconded by Moos# to recommend adoption of the Ordlnauce nmondment to 10.61 sub-division lA and IH. Motion# Ayes*®# Rays-0# y.otion passed. B A1 nmuc ■ tT - IBCX8 This pertains to language regarding an ordinance to amend the height regulations and clarify the wording of the non —encroachment section of the toning code. longer aggravate an existing condition. Saffron said the next change would involve the encroachment which was a separate issue and Z®*,*** J iSiiiiM-MrampH B. Sub-paragraph C# naa»-plata aigna for ona faaily dwalllnga MS listed along with the ordinance pertaining to lighta. Lights should be f .idsygr f \ a Vs •> t.: * I ##. • t! f . 4 *•1 f 5 « r f. ir. } }l ••J a* ■, t ' I p# V/• • a .V- ■1 ■ • iiiMifti-hm-iiv 2/20/fl - Fl«nBlB9 CawLisiea - Fabllc info»tion - Conaell Chaatwra - 7i00 puik 2/27/»l - Planning Comlaalon - "ort Saaaion - Connell Chaabora - S«J0 pjB. V 0»- MmMWCt ( _£ao • ■ V,. i-.'-.-“M.«»:'^'; l' ^;;,v^;' V , . 1^: ■-,r--■ 1», ' . 4Ml ! ?sp-' !*r r: p 1 ■ : '' ' ^'w r^/Do't - mrnm ms ■35 CIRTIFICATE OF SURVEY FOR TERRANCE C. JOHNSON IN LOTS * 12. XINOEN BEACH’ AND LOT 4. BLOCK 1. 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