HomeMy WebLinkAboutOrd #188 - Amending Retaining Walls and Grading ORDINANCE NO. 188, THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING TI3E CODE OF ORDINANCES
PERTAINING TO RETAINING WALLS AND GRADING
THROUGHOUT THE CITY OF ORONO
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-1405(a) of the City of Orono Zoning Ordinance is hereby amended
to read as follows:
(5.1) Retaining walls, and planters and similar structures, subject to the following
provisions:
a. Retaining walls;nlanters and similar structures may be located in all required
yards when all of the following conditions are met:
1. The structure is located at least ten feet from the edge of the traveled
roadway;
2. The structure is not located within a drainage, utility, or other easement,
except upon approval in writing for an encroachment agreement by the city; or
similar approval from another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for
adjacent properties.
4. The structure is 2 (two) feet in height or less above existin��rade.
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�b. Retaining walls=planters and similar structures exceeding two feet in height
above existing ground level
or which are located less than five feet from a
side property line, shall require a permit and upon recommendation
of the building official�es�e�may require city council review or a conditional
use permit per the provisions of section 78-967.
�c. Retaining wa11s1 a�planters and similar structures exceeding the allowed
height of a fence ' shall be located so as to meet the required
accessory structure setbacks established for that yard.
SECTION 2. Section 78-967 of the City of Orono is amended to read as follows:
Sec. 78-967. - Exception.
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(a) The requirements of section 78-966 are not intended to govern the following land alteration
activities:
(1) Normal and customary grading in the area of an existing or a newly constructed building,
or the grading of the driveway serving such building.
(2) Any earth movement less than 500 cubic yards which does not adversely impact the
existing drainage.
(3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all
lakes enumerated in article IX of this chapter.
(4) The following Unusual Land Alterations:
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a.) Anv unusual land alterations, including earth fillin�, removal or gradin proposed by a
builder shall be subject to a permit. The following land alterations shall be considered as
unusual land alterations:
1. All excavations for foundations in excess of 12 feet average depth if anv amount of
the excess material removed below 12 feet deuth is to be stockpiled on the site.
2. Anv additional fill brou�ht on site outside the Shore land Overlav District in excess
of 500 cubic vards, except for fill required to raise grade for adequate frost footin�
protection, the intent being that structures shall not be artificiallv raised above the
preexisting surrounding topo.g�aphv.
3. Grading or alterations that would pro op se anv changes in elevations within five feet
of adjacent residential lot lines except for drainage swales and ditches.
(b) Such grading and earth movement shall be subject to approval by the building inspector at the
time of issuance of a building permit, provided that a plan showing proper drainage and
protection of adjoining property has been submitted. Where such earth movement is not being
performed in conjunction with a building permit, a separate land alteration permit shall be
required.
(c) The building inspector shall have the authority to refer any requests for land alteration permits
to the city council for review and approval in instances where the land alteration appears to
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potentially create negative impacts or be not in keeping with the goals and policies of the
community management plan.
SECTION 3. Section 78-969—Permit for Rip Rap—is hereby deleted:
Sec. 78-969. - D�--�;* �-ri���� purposely Left Blank
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SECTION 4. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage
and publication.
ADOPTED this 22°d day of March, 2017 on a vote of 5 ayes and 0 nays by the City
Council of Orono, Minnesota.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week ofApril 1, 2017.
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