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HomeMy WebLinkAbout02-20-2024 Planning Commission PacketAgenda Planning Commission Tuesday, February 20, 2024, 6:00 PM 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 /oronomn.gov Audience Members: Information regarding each. of the agenda items is available on the city website under meetings and in the public paclzet located in the lobby near the entrance. Applicants will be asked to move to the lectern to answer gctestio�Zs after staff presents the application. The Platztzing Commission is an advisory body to the City Council. If action is taken on a�zy items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear^ conunents made, though no action or deliberation of the Council will occur. 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 4.1. Planning Commission Minutes of January 16, 2024 5. Public Hearings 5.1. LA24-000005, Recodification -Phase 1, Text Amendment 6. Other Items 6.1. LA24-000003, Brett Larson, 2480 Carman Street, Sketch Plan 7. Adjournment Sign up for email notifications at https://www.oronomn.gov/ 1 AGENDA ITEM Item No.: 4.1 Date: February 20, 2024 Title: Planning Commission Minutes of January 16, 2024 Presenter: Laura Oakden Community Development Director Section:Approval of Minutes 1. Purpose: Approve the Planning Commission minutes of January 16, 2024 2. Planning Commission Action Requested: Approve the Planning Commission minutes of January 16, 2024 Exhibits 01.16.2024 Planning Commission minutes.pdf 2 Minutes Planning Corrnnission Regular Meeting Tuesday, January 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Chair Bollis called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. 1. ROLL CALL Orono Planning Commission members present: Chair Chris Bollis, Commissioners Mark McCutcheon, Dennis Libby and Bob Erickson. Commissioners Jon Ressler, Gary Kraemer and Ted Schultze were absent. Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City Planner Natalie Nye. 2. APPROVAL OF AGENDA McCutcheon moved, Libby seconded, to approve the Agenda. VOTE: Ayes 4, Nays 0. 3. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 20 2023 Libby moved, McCutcheon seconded, to approve the minutes of the Orono Planning Commission meeting of November 20, 2023. VOTE: Ayes 4, Nays 0. 4. PUBLIC HEARINGS 4.1. LA23-000062, Granite Companies LLC o/b/o Travis &Sara Wildenberg, 3838 CherryAvenue, After -the -Fact Conditional Use Permit The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and table the resolution approving the conditional use permit pending the applicant providing missing support materials. Alternately staff said the Planning Corrunission could deny the request or approve it with conditions and further review by staff and the City Council. The Planning Cormmission discussed the item and asked questions of staff and the applicant, Travis Wildenberg, 3838 Cherry Ave. The applicant said they misunderstood, thinking they were covered for approvals by planning the improvements with the Watershed district. Chair Bollis opened the public hearing at 6:18 p.m. There were no public comments. Chair Bollis closed the public hearing at 6:18 p.m. The Commnission discussed the item, noting that after -the -fact situations are always difficult, but they felt the design would ultimately be approved with some changes to the landscaping plan. The consensus was that the Commission would like the opportunity to review the plan again after the applicant had complied with staff requests and since it is still winter, tabling would not unduly delay the project. Page 1 of 4 �? Minutes Planning Commission Regular Meeting Tuesday, January 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 Erickson moved, Libby seconded, to table LA23-000062I 3838 Cherry Avenue After -the -Fact Conditional Use Permit pending further review meeting the conditions outlined in the staff report. VOTE: Ayes: 4, Nays 0. 4.2 LA23-000064, Brent Walton, 2405 Dunwoody Ave, Hardcover Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss the variance request. Staff recommended approval as the design replaces the existing driveway hardcover with a structural hardcover and reduces the hardcover on the property. The Plaiming Commission discussed the item and asked questions of staff and the contractor, Jeff Danberry of Tonka Bay Development, representing the applicant who was not present. Chair Bollis opened the public hearing at 6:30 p.m. The were no public comments. Chair Bollis closed the public hearing at 6:30 p.m. Commissioners briefly discussed the item calling it pretty straightforward. McCutcheon moved, Bollis seconded, to approve LA23-000064, 2405 Dunwoody Ave., Hardcover Variance as applied. VOTE: Ayes: 4, Nays 0. 4.3 LA23-000065, Eslcuche Design, 4423 North Shore Drive, Variances. The Plamiing Commission is requested to review the Staff report, receive a presentation, and discuss and deny the application for variances, noting staff agrees the building envelope is small but believes the design and location of the new house and other improvements could be modified to avoid encroaching on the bluff. The Planning Commission discussed the item and asked questions of staff and the applicant, Kenneth Schmeling, 5515 Minneapolis Ave., who is proposing to build a new home on the approximate site of the existing home at the Dunwoody Avenue lot. Peter Eskuche of Eskuche Design also gave comments and answered questions. Chair Bollis opened the public hearing at 7:07 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:07 p.m. Commissioners discussed the request and said that the uniqueness of the site contributes to the practical difficulty there and noted the applicant seems to have worked hard to meet the setback and other requirements and seemed to be making the plan less impactful on the bluff than what is there today. Discussion centered on the new patio and retaining wall and its proximity to the bluff. Commissioners Page 2 of 4 Minutes Planning Commission Regular Meeting Tuesday, January 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 supported the redesign of the driveway and the existing structures in the bluff but not new encroachment in the bluff. Bolus moved, Libby seconded, to deny LA23-000065, 4423 North Shore Drive, Variances as applied but noted that there is support for the driveway changes, the house and the existing bluff encroachments. VOTE: Ayes: 3, Nays 1 (Erickson). 4.4 LA23-000066, Hendel Homes, 2605 Mapleridge Lane, Variance The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the application as applied. The Planning Commission discussed the item and asked questions of staff and the applicant, Rick Hendel of Hendel Hornes. Chair Bollis opened the public hearing at 7:24 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:24 p.in. Commissioners agreed with the staff recommendation, calling it a minimal increase that does not change the location of the house. McCutcheon moved, Erickson seconded, to approve LA23-000066, 2605 Mapleridge Lane, Variance as applied. VOTE: Ayes: 4, Nays 0. 4.5 LA23-000068, Murphy & Co. Design o/b/o 3400 Fox Street Trust, 3400 Fox Street, Average Lakeshore Setback Variances The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and approve the application for variances. Staff said the applicant had made a small change to the garage orientation and plans should be amended prior to City Council consideration. The Planning Commission discussed the item and asked questions of staff and the applicant, TJ Majdecki of Murphy & Co Design. Chair Bollis opened the public hearing at 7:31 p.m. There were no public comments. Chair Bollis closed the public hearing at 7:31 p.in. Commissioners concurred with the staff recommendation. Page 3 of 4 5 Minutes Planning Cormnission Regular Meeting Tuesday, January 16, 2024, 6:00 PM City Council Chambers 2780 Kelley Parkway, Orono, MN 55356 McCutcheon moved, Libby seconded, to approve LA23-0000685 3400 Fox Street, Average Lakeshore Setback Variances as applied with the staff direction to update the plans. VOTE: Ayes: 4, Nays 0. 5. NEW BUSINESS 5.1. LA23-000067, Lakewest, LLC, 3245 Wayzata Blvd W, Concept Plan The Plamiing Commission is requested to review the Staff report, receive a presentation, and discuss and provide non -binding feedback on a proposed condo development for 156 units in seven buildings with underground parking. Staff said the proposal will need a comprehensive plan amendment and rezoning, blending two levels of density on the site. The Planuling Commission discussed the item and asked questions of staff and the applicants, Curt Fretham and Kelsey Thompson of Lake West Development. Commissioners said the plan is unique, fills a need for single -level housing for seniors and is an improvement over some of the plans for the site that have been seen in the past. The developer should consider the width of cul-de-sacs to accommodate fire vehicles. It is a good spot for a multifamily development, but it might be necessary to consider a lower speed limit at that point on Wayzata Blvd. Commissioners liked the underground parking. 6. COUNCIL UPDATE Community Development Director Laura Oakden updated the Commissioners noting the City Council reviewed a retaining wall variance, a new home on Casco, and the Spruce Place right -of --way vacation. The City Council approved all but took the recommendation of the Planning Commission to maintain a drainage easement on the Spruce Place vacation. 7. ADJOURNMENT Libby moved, McCutcheon seconded, to adjourn the Planning Commission Meeting at 8:25 p.m. to February 20, 2024. VOTE: Ayes 4, Nays 0. ATTEST: Christopher Bollis, Chair AGENDA ITEM Item No.: 5.1 Date: February 20, 2024 Title: LA24-000005, Recodification -Phase 1, Text Amendment Presenter: Laura Oakden Community Development Director Section: Public Hearings 1. Purpose: The City of Orono is proposing ordinance updates consisting of housekeeping edits, language updates, and clarification of existing City Code involving multiple chapters. 2. Background: Recodification is a process that includes a thorough and full legal review of the City's municipal code to ensure that all provisions are comprehensive, lawful, and enforceable. It is recommended that a legal review of the municipal code be conducted every 10-15 years to address the needs of the City's stakeholders. The City Code was last republished in 2003. Any amendment to the zoning chapter of the City Code (Chapter 78) requires a pubic hearing. The Planning Commission is asked to review Phase 1 of the recodification project. Commissioners are asked to review and hold a public hearing regarding the proposed ordinance changes. 3. Public Comment: Staff received one public comment regarding the recodification project. The comments are related to the definition section within Chapter 18 Streets, Parks, and Other Public Property. This chapter is outside the scope of the Planning Commission's review and will be reviewed by the City Council. 4. Staff Recommendation: Planning Staff recommends approval of the amendments as drafted. 5. Planning Commission Action Requested: Hold a public hearing and motion to recommend approval of the proposed text amendments. Exhibits Exhibit A. LA24-000005, Recodification- Phase 1, Text Amendment, Staff Report Exhibit B. Sec.78-5. Purpose. Exhibit C. Sec.78-230 - 78-420. Area height lot width setback and yard requirements. Exhibit D. Sec. 78-1405 Nonencroachments Exhibit E. Sec.78- 1431 - 78-1440. ACCESSORY BUILDINGS AND STRUCTURES Exhibit F. Sec. 78-1511 Setbacks for parking Exhibit G -Chapter 90, 58, and 86 Amendments.pdf Exhibit H. Public Comments -Chapter 18, submitted 2.15.24.pdf 7 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Laura Oakden, Community Development Director Date: February 20, 2024 Subject: #LA24-000005, City of Orono Text Amendment: Phase 1 of the City's Recodification of City Code Applicution Sunzrnary: The City of Orono is proposing ordinance updates consisting of housekeeping edits, language updates, and clarification of existing City Code involving multiple Staff RecohiT�iendation: Planning Department Staff recommends approval of the draft language as written. Background Recodification is a process that includes a thorough and full legal review of the City's municipal code to ensure that all provisions are comprehensive, lawful, and enforceable. Itis recommended that a legal review of the municipal code be conducted every 1045 years to address the needs of the City's stakeholders. The City Code was last republished in 2003. In 2022, the city initiated the current recodification project of the City Code. To begin this process, Municode (the city's code publication vendor) completed an initial chapter -by -chapter review. Orono staff tools the results of Municode's review and over the past 18 months conducted our own chapter -by -chapter review of the code to include for updates. The Staff reviews were followed by review by the City Attorney. Proposed Updates for review: Changes to the zoning regulations require review by the Planning Commission at a public hearing. Planning commission should review the following changes and provide feedback: • Section 78-5 o This Chapter lists a history of every adopted Comprehensive Plan and Comprehensive Plan amendments. This is unnecessary and is often quickly out of date. Staff is recommending removal of this unnecessary section. • Sections 78-230 through 420 o Staff found an error within the 2-acre zoning districts (LR-lA and RR-1B) that is inconsistent the intent of the side yard setback exception. Staff is proposing to fix this error and other typographic errors (grammatical and spelling errors) found within this same section in each residential zoning district. • Section 784405 o Staff is proposing to add a definition of "fence monuments" and add clarifying language to the existing fence regulations. Other changes include renumbering and organizing within this section. • 784431 through 1440 o In 2022, the Council adopted new ordinance language pertaining to accessory dwelling units (A Us). Many of the changes proposed within this section necessary to be consistent with newly adopted ordinances. This includes removing the need to a covenant for oversized accessory buildings, clarifying the triggers for a covenant regarding plumbing in an accessory building, as well as organizational and numbering changes. LA24-000005 February 20, 2024 Page 2 of 2 • Section 78-1511 o This section includes standards commonly used for code enforcement/property complaints. Staff recommends simplifying the code language and clarifying the parking requirements to be consistent throughout the City Code. Phase 1 Recodification Summary: CITY CODE PROPOSED CHANGE STATUS SECTION Cha ter 58 -Environmental: 58-1 Property Maintenance -updating the maximum grass height to match State Statute lan ua e 58-56 Updating language for consistency 58-63 Housekeeping/correction of typos 58-71 Housekee in /correction oft os Cha ter 78 - Zonin Re ulations: 78-5 Remove redundant lan ua e PC Review Re uired 78-230 Correction of typos within the side setback exceptions PCReview Required throu h 420 78-1405 Add "Fence monument" definition and clarification PC Review Required 78- 1431 Removal of the covenant requirement for Oversized Buildings PC Review Required through 1440 and reorganizing the sections 78-1511 Clarifying off-street parking language PCReview Regacir•ed Cha ter 86 - Buildin Re ulations: Addin a clarif in statement 86-37 86-70 Rewording of the permit expiration language Chapter 90 -Manufactured Homes: Deletion of chapter. This language is located in other areas of the Entire chapter City Code including Parking and Public Protection Chapters. The section is redundant. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this proposal? Planning Staff Recommendation Planning Staff recommends approval of the amendments as drafted. E Sec. 78-5. Purpose. (a) Guiding principles. (1) The city is growing in population from a rural agricultural community to a rural residential community. Use of land for residential purposes is considered primary with other uses viewed as supporting this use. While present commercial or industrial activity, where consistent with residential use and other guiding principles, will be protected by ordinance or conditional use permit, it is not the intention to expand or allow all such commercial or industrial activity to a degree where it conflicts with the primary residential use and the other guiding principles. The continued use of land for farming and similar purposes will be protected by ordinance or conditional use permit where sufficient acreage allows such use to continue without conflict with expanding residential use. (2) The maintenance of open space and the avoidance of overcrowding of land is a basic guiding principle in this plan. In addition to avoiding the ill effects of excessive, intensive land development, it is the policy to also avoid the threat to public health which occurs with excessive crowding of private sewage disposal systems on substandard building sites. (3) The city has recognized that many of the open space policies which have previously provided the basic direction of the land use policies have proven to be inadequate. It is now clear that on -site disposal systems must not be allowed on any site of less than two acres. It is now clear that the physical characteristics of the city make the extension of public services such as sewer extremely expensive and almost impossible in some areas. The city and other governmental agencies have learned that the premature development of open areas can be costly and disastrous to the environment. (4) Of paramount importance to the citizens of the city and to the citizens of the metropolitan area is the preservation of Lake Minnetonka and the wetlands that provide the only practical system of filtration and purification of the stormwater so vital to the preservation of Lake Minnetonka and the groundwater supplies in the area. The disastrous effects of intense residential and commercial development within the city, and especially in those areas adjacent to Lake Minnetonka and the wetlands, are painfully evident. The adoption of additional regulations, rezoning of certain areas and the creation of larger lot sizes in unsewered areas is mandatory in order to protect the safety, health and welfare of the citizens of the city. municipal (b) Intent and purpose. This chapter is adopted for the purposes of: (1) Protecting the public health, safety, morals, comfort, convenience and general welfare; (Supp. No. 20, Update 2j Page 1 of 2 Created: ie2i-e7-19 16:12:49 [E9T] Commented [LO1]: I would like to delete this and just reference the comp plan —Confirm with Soren 10 (2) Dividing the city into zones and districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of structures and land; (3) Promoting orderly development of the residential, business, industrial, recreation and public areas; (4) Providing adequate light, air and convenience of access to property; (5) Limiting congestion in the public right-of-way; (6) Preventing overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (7) Providing for the compatibility of different land uses and the most appropriate use of land throughout the city, preventing the destruction of the natural environmental assets located within the city, protecting the quality of stormwater runoff, Lake Minnetonka, Long Lake, the wetlands and marshes within the city; (8) Providing for a more orderly transition from a rural agricultural to rural residential environment; (9) Providing for the administration of this chapter; (10) Defining the powers and duties of the administrative, officers and bodies; and (11) Prescribing penalties for the violation of the provisions of this chapter. (Code 1984, § 10.01((1), (2))) (Supp. No. 20, Update 2) Page 2 of 2 Created: 2e22-07-39 16:12:49 [EST) 11 Sec. M1.30, n4ik district —Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed; Dimensional Requirements: Lot Area (Minimum): 1.0 acre. Lot Width (Minimum): 140 feet. Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Setbacks: Street/Front Interior Side Street Rear OHWL Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 35 10 35 30 na 25 or MCWD buffer Accessory Building (AB) 35 10 35 10 na 25 or <1,000 sf MCWD buffer Oversize Accessory 35 10 35 30 na 25 or Building (OAB) MCWD >11000 sf buffer Accessory Structures (AS) 17.5 10 17.5 10 na 25 or MCWD buffer (b) Exceptions: (1) Side yard setback. For lots that are non -conforming as to their width, the interior side yard setback for the principal building, and accessory bungs less than 11000 square feet, shall be the lesseer of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.20(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 2, 6-27-2016; Ord. No. 222 3rd series, § 3, 12-10-2018) Sec. 78-255. R-1B district —Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: (Supp. No. 20) Page 1 of 8 Created: 2023-02-03 16:30:17 [EST] 12 Lot Area (Minimum): 0.5 acre. Lot Width (Minimum): 100 feet. Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Setbacks: Street/Front Interior Side Street Rear OHWL Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 30 10 15 30 na 25 or MCWD buffer Accessory Building (AB) 30 10 15 10 na 25 or <1,000 sf MCWD buffer Oversize Accessory 30 10 15 30 na 25 or Building (OAB) MCWD >1,000 sf buffer Accessory Structures(AS) 15 10 7.5 10 na 25 or MCWD buffer (b) Exceptions: (1) Side yard setback. For lots that are non -conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lessser of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.21(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 3, 6-27-2016; Ord. No. 222 3rd series, § 5, 12-10-2018) Sec. 78-305. LR-1A district —Area, height, lot width, setbacks, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: Lot Area (Minimum): 2.0 acre. Lot Width (Minimum): 200 feet. Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Created: 2023-02-03 16:30:17 [EST] (Supp. No. 20) 13 Setbacks: Street/Front Interior Side Street Rear/Street OHWL* Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 50 30 30 50 75/100/150 25 or +ALS MCWD buffer Accessory Building (AB) 50 15 30 15 75/100/150 25 or <1,000sf +ALS MCWD buffer Oversize Accessory 50 30 30 50 75/100/150 25 or Building (OAB) +ALS MCWD >1,000 sf buffer Accessory Structures (AS) 25 15 15 15 75/100/150 25 or +ALS MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. (b) Exceptions: (1) Side yard setback. For lots that are non -conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesseer of te44 thirty 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. (2) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.23(6); Ord, No, 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 4, 6-27-2016; Ord. No. 199 3rd series, § 2, 6-12-2017; Ord. No. 222 3rd series, § 7, 12-10-2018) Sec. 78-330. LR-1B district —Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: Lot Area (Minimum): 1.0 acre. Lot Width (Minimum): 140 feet. Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Setbacks: Street/Front Interior Side Street Rear/Street OHWL* Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) (Supp. No. 20) Page 3 of 8 Created: 2023-02-03 16:30:17 [EST] 14 Principal Building 35 10 20 30 75/100/150 25 or +ALS MCWD buffer Accessory Building (AB) 35 10 20 10 75/100/150 25 or <1,000sf +ALS MCWD buffer Oversize Accessory 35 10 20 30 75/100/150 25 or Building (OAB) +ALS MCWD >1,000 sf buffer Accessory Structures(AS) 17.5 10 10 10 75/100/150 25 or +ALS MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. (b) Exceptions: (1) Side yard setback. For lots that are non -conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesseer of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.24(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 5, 6-27-2016; Ord. No. 199 3rd series, § 3, 6-12-2017; Ord. No. 222 3rd series, § 9, 12-10-2018)) Sec. 78-350. LR-1C district —Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: Lot Area (Minimum): 0.5 acre. Lot Width (Minimum): 100 feet. Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Setbacks: Street/Front Interior Side Street Rear/Street OHWL* Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 30 10 15 30 75/100/150 25 or +ALS MCWD buffer Created: 2023-02-03 16:30:17 [EST] (Supp. No. 20) 15 Accessory Building (AB) 30 10 15 10 75/100/150 25 or <11000sf +ALS MCWD buffer Oversize Accessory 30 10 15 30 75/100/150 25 or Building (OAB) +ALS MCWD >1,000 sf buffer Accessory Structures (AS) 15 10 15 10 75/100/150 25 or +ALS MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. (b) Exceptions: (1) Side yard setback. For lots that are non -conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesseer of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet, (Code 1984, § 10.25(6); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 6, 6-27-2016; Ord. No, 199 3rd series, § 4, 6-12-2017; Ord. No. 222 3rd series, § 11, 12-10-2018) Sec. 78-370. LR-1C-1 district —Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements; Lot Area (Minimum): 0,5 acre. Lot Width (Minimum): 100 feet. Height: Maximum 30 feet defined height; accessory buildings may not exceed the height of the principal building. Setbacks: Street/Front Interior Side Street Rear/Street OHWL* Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 30 10 15 30 75/100/150 25 or +ALS MCWD buffer Accessory Building (AB) 30 10 15 10 75/100/150 25 or <11000sf +ALS MCWD buffer (Supp. No. 20) Page 5 of 8 Created: 2023-02-03 16:30:17 [EST] 16 Oversize Accessory 30 10 15 30 75/100/150 25 or Building (OAB) +ALS MCWD >1,000 sf buffer Accessory Structures(AS) 15 10 15 10 75/100/150 25 or +ALS MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. (b) Exceptions: (1) Side yard setback. For lots that are non -conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesseer of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. (2) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, §§ 10.25(6), 10.26(4); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 7, 6-27-2016; Ord. No. 222 3rd series, § 13, 12-10-2018) Sec. 78-395. RR-1A district —Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: Lot Area (Minimum): 5.0 acre. Lot Width (Minimum): 300 feet. Height: Maximum 30 feet defined height. Setbacks: Street/Front Interior Side Street Rear/Street OHWL* Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 100 50 100 100 75/100/150 25 or +ALS MCWD buffer Accessory Building (AB) 100 20 100 20 75/100/150 25 or <1,000sf +ALS MCWD buffer Oversize Accessory 100 50 100 100 75/100/150 25 or Building (OAB) +ALS MCWD >1,000 sf buffer (Sapp. No. 20) �� Created: 2023-02-03 16:30:18 [ESTj 17 Accessory Structures (AS) 50 20 50 20 75/100/150 25 or +ALS MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 784279. (b) Exceptions; (1) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (2) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.27(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 8, 6-27-2016; Ord. No. 222 3rd series, § 15, 1240-2018; Ord. No. 278 3rd series, § 11 10-10-2022) Sec. 78-420. RR-1B district —Area, height, lot width, setback, and yard requirements. (a) The following minimum requirements shall be observed: Dimensional Requirements: Lot Area (Minimum): 2.0 acre. Lot Width (Minimum): 200 feet. Height: Maximum 30 feet defined height. Setbacks: Street/Front Interior Side Street Rear/Street OHWL* Wetland (feet) Side (feet) (feet) (feet) (feet) (feet) Principal Building 50 30 30 50 75/100/150 25 or +ALS MCWD buffer Accessory Building (AB) 50 15 30 15 75/100/150 25 or <1,000 sf + ALS MCWD buffer Oversize Accessory 50 30 30 50 75/100/150 25 or Building (OAB) + ALS MCWD >11000 sf buffer Accessory Structures (AS) 25 15 15 15 75/100/150 25 or + ALS MCWD buffer *OHWL setback is determined by the classification of the lake as defined in section 78-1217 and the applied minimum setback from the OHWL as outlined in section 78-1279. Created: 2023-02-03 16:30:18 [EST] (Supp. No. 20) (b) Exceptions: (1) Side yard setback. For lots that are non -conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lesseer of � thirt 30 feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than ten feet. (2) Side yards adjacent to unimproved rights -of --way. In any residential district, the setback for side yards adjacent to unimproved rights -of -way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. (3) Front yard setback. For lots that are non -conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non -conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. (Code 1984, § 10.28(5); Ord. No. 18 3rd series, § 3, 9-27-2004; Ord. No. 173 3rd series, § 9, 6-27-2016; Ord. No. 199 3rd series, § 5, 6-12-2017; Ord. No. 222 3rd series, § 17, 12-10-2018; Ord. No. 278 3rd series, § 2, 10-10-2022) Created: 2023-02-03 16:30:18 [EST] (Supp, No. 20) Sec. 78-1405. Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, piIasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one -family dwellings subject to the provisions of article X, division 4 of this chapter; 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 and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Steps, sidewalks, 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. (4) Bays, cantilevers, and fire escapes. In side or rear yards only, the following encroachments are permitted: a. Bays and/or cantilevers which are not part of the defined building footprint, may extend up to two feet into the required side or rear yard, provided the aggregate area of the bays and/or cantilevers is not more than 20 square feet; and b. Fire escapes not exceeding a width of three feet and a depth of four feet. (5) Driveways and parking areas when constructed, located and used incompliance with other provisions contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot line. (6) Retaining walls, planters and similar structures, subject to the following provisions: Retaining walls, planters and similar structures maybe 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 two feet in height or less above the existing grade. 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, c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be located se as teto meet the required accessory structure setbacks established for that yard. (7) Window wells including those for fire egress which do not extend more than five feet from the building, and are no closer than two feet to the property line. (Supp. No. 20, Update 2) Page 1 of 5 Created: 2022-07-19 16:13;02 [EST] 20 (8) Air conditioning or heating equipment maybe located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (9) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. A fence shall be located a minimum of ten feet from the edge of the paved, traveled roadway. For the purposes of this section, the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence Monument. A fence monument is a permanent structure or object, with or without a footing, made with masonry or stone materials, used in place of, and functioning as a post that supports a fence. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than six inches^^ ^ ^F.�,,...u^•„,,.+ ^, ^- �..^�^ �.^:^�.« ... «ti... i,.,....;,.... Drawing: Fence Height Measurement on Sloped Site a. Nonlokeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level. (Supp. No. 20, Update 2) Page 2 of S Created: 2022-07-19 16:13:02 [EST] 21 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. 1. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 Inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line, and within the rear street setback of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. (Supp. No. 20, Update 2j Page 3 of 5 Created: 2822-07-19 16:13:02 (EST) 5. Existing fences that are legapleeallV nonconforming as to location, height, design, or other characteristics maybe replaced in kind. (lO) Fence Monument, as part of a fence erected in all residential zoning districts are considered as a nonencroachmenttyhen it conforms to the following standards: a. Property corners shall be located and identified (staked►; formatted: Indent: Left: 0.66", Hanging: 0.28", b. Fence monuments must beset back a minimum of five feet from all property boundaries and Numbered + Level: 1 +Numbering Style: a, b, c, ... + never fewer than ten feet from the edge of the paved, traveled roadway; Start at: 1 +Alignment: Left +Aligned at: 0.66" + Indent at: 0.91" c. An individual fence monument shall be limited to a maximum footprint of six square feet: d. Fence monuments may not exceed the maximum allowed height of the associated fence, including any appurtenances. Any fence monument exceeding the maximum height must meet accessory structure setbacks for the appropriate district; e. Building Permit requirements: 1. A building permit is required if footings are proposed; Formatted: Numbered + Level: 2 +Numbering Sryle. 2. Construction plans with footing details are required to be submitted for permit approval; 1, 2, 3, ... + Start at: 1 +Alignment: Left +Aligned at: 1.16" + Indent at: 1.41" 3. If the fence and/or fence monuments exceed six feet in height, a building permit is required. 11 Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 26 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with article X, division 4; e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. i. A building permit is required for installation and the property corners must be located for inspection purposes. (i�12) Gates, when proposed, must meet the following requirements: a. The gate must open into the property not outward towards the right-of-way, and (Supp. No. 20, Update 2) Page 4 of 5 Created: 2022-87-19 16:13:02 [EST] 23 b. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and c. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and d. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and e. For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access, and f. On major thoroughfares the monuments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. Lawn Irrigation systems are permitted in any required yard. Non -pressurized lines for irrigation systems maybe installed in the adjacent right-of-way, at the system owner's risk. The system owner shall relocate or remove the lawn irrigation system from the right-of-way at the system owner's expense In the event said relocation or removal is required by the city or other utility company authorized to use the city right-of-way. System owner shall defend, indemnify, and hold harmless the city its officials, and employees from and against any and all claims, liability for loss, damage, or injury arising directly or indirectly from the lawn irrigation system or to the system that is in the right-of-way. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. (Code 1984, § 10.03(15); Ord. No. 211 end series, §§ 1-5, 11-26-2001; Ord, No. 12 3rd series, § 1, 5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008; Ord. No. 106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 10 2-23-2015; Ord. No, 140 3rd series, § 1, 3-23-2015; Ord, No, 170 3rd series, §§ 3, 41 6- 13-2016; Ord, No. 188 3rd series, § 1, 3-22-2017; Ord. No. 189 3rd series, § 5, 4-10-2017; Ord. No, 209 3rd series, § 1, 6-11-2018; Ord, No. 222 3rd series, § 22, 12-10-2018; Ord. No. 272 3rd series, § 10 643-2022) (Supp. No. 20, Update 2) Page 5 of 5 Created: 2022-87-19 16:13:82 [EST] 24 Title VI -LAND USE Chapter 78 -ZONING REGULATIONS ARTICLE X. -SUPPLEMENTARY REQUIREMENTS AND RESTRICTIONS DIVISION 3. ACCESSORY BUILDINGS AND STRUCTURES DIVISION 3. ACCESSORY BUILDINGS AND STRUCTURES) ... '— Formatted: Paragraph 1 (Code 1984, § 10.03(10); Ord. No. 15 3rd series, § 1, 6-28-2004; Ord. No. 222 3rd series, § 24, 12-10-2018) Sec. 78-1432. Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004; Ord. No. 222 3rd series, § 25, 12-10-2018) Sec. 78-1433. Reserved. Editor's notes) —Ord. No. 222 3rd series, § 26, adopted Dec. 10, 2018, repealed § 78-1433, which pertained to height restrictions and derived from Code 1984, § 10.03(9)(B); Ord. No. 106 3rd series, § 23, adopted June 10, 2013. Sec. 78-1434. Building size restrictions. No accessory building shall exceed 1,000 square feet of footprint area; except that accessory buildings in excess of 1,000 square feet shall be considered oversized and will be allowed under the following conditions: (1) Not more than one oversized accessory building (OAB) shall be permitted on any property. An OAB is defined as an accessory building of footprint area in excess of 1,000 square feet. (2) An OAB is regulated by the following table: 'Editor's notes) —Ord. No. 106 3rd series, § 1, adopted June 10, 2013, changed the title of Div. 3 from "Accessory Buildings" to read as herein set out. Orono, Minnesota, Code of Ordinances (Supp. No. 20, Update 2) Page 1 of 4 Created: 2022-07-19 16:13:02 [EST] 25 Lot Area (acres) Maximum Allowed Cumulative Total of All Accessory Building Footprint Areas on a Property (square feet) 0-1.99 21000 2.00-3.00 21400 3.01-3.50 21800 3,51-4,00 3,200 4.01-4.50 3,600 4.51-5.00 4,000 5.01-6.00 41400 6,01-7,00 4,800 7,01-8,00 51200 8.01-9.00 51600 9.01-10.00 6,000 10.01-11.00 61400 11.01-12.00 6,800 12.01-13.00 71000 13,01-14.00 81000 14.01 or more 1.30% of lot area (3) Any OAB shall be subject to the following conditions: Principal building setbacks must be met. Further, no OAB shall be nearer the front lot line than the front line of the principal building on the property. b. The maximum height for such accessory building shall he 30 feet or the defined height of the principal residence building on the property, whichever is less. (Code 1984, § 10.03(9)(C); Ord. No. 106 3rd series, § 24, 6-10-2013; Ord. No. 222 3rd series, § 27, 12-10-2018; Ord. No. 232 3rd series, § 1, 10-14-2019) (Supp. No. 20, Update 2) Page 2 of 4 Created: 2022-07-19 16;13:02 [EST] Sec. 78-1435. Garages on lake lots. Accessory buildings on lake lots with garage doors facing a street shall meet the applicable principal building setbacks for the district; section 78-1681 Driveways, in general shall apply. (Code 1984, § 10.03(9)(D); Ord. No. 52 3rd series, § 2, 11-24-2008; Ord. No. 106 3rd series, § 26, 6-10-2013; Ord. No. 222 3rd series, § 28, 12-10-2018) Sec. 78-1436. Reserved. Editor's notes) —Ord. No. 222 3rd series, § 29, Dec. 10, 2018, repealed § 78-1436, which pertained to setbacks and derived from Code 1984, § 10.03(9)(E). Sec. 78-1437. Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) (�—The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. (21 Installation of a toilet and/or sink in any accessory building shall be subject to the provision of municipal sanitary sewer or a conforming sewage treatment system desisned to handle the anticipated flows from such fixtures. �� (2��(2-)—Installation of any combination of fixtures which includes a bathtub or shower re�irtag shall be subject to the property owners executing a covenant providing that the accessory building will not be: Used for a home occupation unless specifically approved by the city or if allowed by this Code. Eb. Rented, leased, or otherwise provided for use as a dwelling under any circumstances. (Ord. No. 179 2nd series, § 1, 10-12-1998; Ord. No. 45 3rd series, § 11, 2-25-2008; Ord. No. 222 3rd series, § 30, 12- 10-2018; Ord. No. 267 3rd series, § 2, 5-10-2021) (Supp. No. 20, Update 2) Page 3 of 4 Created: 2B22-B7-19 16;13:82 [E6T] 27 providedfeet may be located streetward of the principal building provision=p-.----Rrincipal building setbacks and the exterior materials ,. Warda, (a) —Any -accessory builcllng� and the -principal bullcling� shall be consistent in design and color. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area of- Rgqwiplapl t6p fgllekwipg b. All . .. RR-1B districts shall color,be consistent in design, and exterior - . . 00 . . (Supp. No. 20, Update 2) Page 4 of 4 Created: 2022-07-19 16:13:02 [EST] �4•1 Sec. 78-1511. Setbacks for parking. Required off-street parking in all districts shall meet the following setback requirements: (1) R districts. Within all R districts, all vehicles ^ m�"�� ^ ^^� ^� �^^+ �„ +ti^ ^ .,+� ^., +ti^ „ must have a garage stall or open parking space on the same lot as the principal use served.�a�age .,,+�;., +„r F^^+ ^c -, ,. ,- �^+ �;,,^ �„�.�^,.++,. +�:� ,.�.,r+^,- Open parking spaces on lots must have a location other than a required yard, except that such parking may be located in a rear yard to within ten feet of an interior side lot line and to within t�five feet of a rear lot line. All vehicle parking must be on an approved hard surface. (2) e districts. Within the B-2 district parking +may -shall not be allowed in ar�y required yard or landscaping area. Within the B-1, B-3 and B-4 districts, parking spaces and/or garages shall be located in areas other than a required yard; except that open, off-street parking s aces may be located in a rear yard to within three feet of the rear or side lot line unless the rear or side lot line is in common with an R district; in which case the setback distance shall be the same as required for the R district. All vehicle parkins must be on an approved hard surface (3) 1 Industrial districts. All off-street parking spaces shall conform with the requirements of section 78-827 of the Zoning Ordinance. (Code 1984, § 10.61(5); Ord. No. 32 3rd series, § 6, 3-27-2006) (Supp. No. 20, Update 2) Page 1 of 1 Created: 2022-07-19 16:13:03 [EST] 29 Title VI - LAND USE Chapter 90 MANUFACTURED HOMES AND TRAILERS , definitions, inelude and shall not any manufaetured housing unit bearing a State ef Minnesota a. Qcimping tr-eiler- folding lAghe.e..'s. designed fer means a struetwFe, meHnted An and. 191 home h4eter- means a portable, temporary dwelling to be used fer travel, recreation and ration, nstr�ute ri integral -, elf n � an pak of olled phirlp el Pickup c-omper means a struieture designed te he mounted on a tFUEI( chassis fer use as a ternperary dwelling for travel reereatien and vacation. do Travel treiler means a vehicular, pertable structure built on a chassis, designed to be used @5 a dwelling fer identified temperary travel, reereatienal and vacation uses, permanenth Y as a travel trailcer by the �fact� �rer of the trailer. rrm Tvz manufacturer tdehiele, (2) Utility tr-Giler means any motedess ether than a beat traileF or persenal watereraft trail for being drawn by but inp.,Iulde be..at strwEtHre and a metor vehicle shall Pet tFailers, a tralieF drawn by a 4 truek tractor semitrailer combination, or an auxil ary axle en a meter vehiele whieh earries a portion of the of the to ,, �haeh it is weight rneteF yehiel„ attached b) [Per -king r-eguiated.j Parking ef reereatienal vehieles, mobile hernes and utility tr.ailers shall be regulated as €lAwl;@ 'Cross reference(s)—Utilities, ch. 14; streets, sidewalks and other public places, ch. 18; health and sanitation, ch. 50; solid waste, ch. 54; environment, ch. 58; planning commission, ch. 74; zoning regulations, ch. 78; subdivision regulations, ch. 82; buildings and building regulations, ch. 86; waterways, ch. 94. State law reference(s)—Manufactured home building code, Minn. Stat. § 327.31 et seq. Orono, Minnesota, Code of Ordinances (Supp. No. 20, Update 2) Page 1 of 2 Created: 2022-07-19 16:13:09 [EST] 30 Cross reference(s)—Stopping, standing and parking generally, § 66-76 et seq. (Supp. No. 20, Update 2) Page 2 of 2 Created: 2022-07-19 16:13:09 [E5T] 31 Sec. 584. Maintenance of private property. (a) teThe owner of every vacant property and the owner and occupant of every occupied property must maintain the property in a neat, clean, and presentable manner free of any junk, debris, refuse, litter, dead trees, or noxious weeds, and to remove all other public health or safety hazards from the property. (b) The owner or occupant of every lot or parcel shall regularly cut or otherwise maintain all grass and weeds on the property at a height of not more than si-eight inches, except this provision shall not apply to the following: (1) Publicly owned parks, trails, or nature areas. (2) Property actively being farmed or used for agricultural purposes in conformance with chapter 78. (3) Residential properties 'n ,��« ^f^'over eRe acreone-acre gross lot size when located in the RR -IA, RR- 113, LR-1A, and RS rural residential zoning districts, provided that such properties or portions of properties shall be maintained in conformance with this subsection upon notice from the city that lack of such maintenance has caused complaints from abutting property owners and is thereby creating a public nuisance. Al Wetlands vegetation as defined in chapter 78. (5) Grass, weeds, or underbrush on any slope ;mover 100 percent (45 degrees). (c) Any violation of this section is declared to be a nuisance and a public safety and welfare hazard, and upon seven days' written notice to the owner, as shown by the records of the office of the county auditor, of private premises on which such material is found or any conditions in violation of this code section exist, the city may remove such matter or correct any conditions in violation, and certify the cost of such removals or corrections as any other special assessment. (Code 1984, § 9.55; Ord, No. 191 2nd series, § 1, 6-14-1999) State law reference(s)—Minnesota Noxious Weed Law, Minn. Stat. § 18.75 et seq, (Supp. No. 20) Page 1 of 1 Created: 2023-02-03 16:30:09 [EST] 32 Sec. 58-57. Inspector. Anytime an SSTS is installed, replaced, abandoned, altered, repaired, rejuvenated, or extended c6ompliance � _ � 1T.�:IG7T�:l7CE�T'T.T_�:�LT_T!_P.�77:Ef1s7:�7MR/TLS7T. •- � • '• • (Ord. No. 212 3rd series, § 1, 8-13-2018) (Supp. No. 20, Update 2) Page 1 of 1 Created: 2022-07-19 16:12:42 [EST] 33 Sec. 58-63. Requirements. The health authority shall require a compliance inspection on the MPCA Compliance Inspection Form of an existing system whenever: (1) In designated Shoreland Management or Wellhead Protection Areas, an application for any type of building or land use permit is made. (2) The health authority deems a compliance inspection necessary, including, but not limited to, upon receipt of information of a potential ISTS failure or Imminent Threat to Public Health and Safety. (3) An additional bedroom on the property is requested. If a request for an additional bedroom is received between November 1 and April 30, the governing municipality may issue a building permit immediately with the contingent requirement that a compliance inspection of the existing ISTS shall be completed by the following June 1 and the applicant submits a certificate of compliance by the following September 30. (4) Any addition or remodel of a licensed food, beverage, or lodging establishment or any Other Establishment where the sewage treatment system's designed flow may be aeffected. (5) Abandonment of existing systems. Whenever the use of a -an SSTS or any system component is discontinued as the result of a system repair, modification, replacement, or decommissioning following connection to a municipal or private sanitary sewer, or condemnation or demolition of a building served by the system, further use of the system or any system component for any purpose is prohibited. Abandonment shall be completed in accordance with Minn. R. 7080425000 No. 212 3rd series, § 1, 8-13-20181 (Supp. No. 20, Update 2) Page 1 of 1 Created: 2022-07-19 16:12:42 [EST] Sec. 58-71. Property transaction standards for individual sewage treatment systems. (a) No owner of a tract of land upon which a dwelling is located, or a tract of land upon which a structure which is required to have an individual sewage treatment system is located, shall sell or transfer to another party said tract of land, unless the following requirements are met: (1) The seller of any property having an individual sewage treatment system shall have a state licensed inspector complete the Minnesota Pollution Control Agency (MPCA) sewage system compliance inspection form for existing sewage systems in accordance with this article and Minnesota Rules chapter 7080. The exception would be a new septic system installed within the previous five years or a compliance inspection performed by a licensed inspector within the previous three years. (2) The seller must provide a copy of the completed sewage system disclosure form and the certificate of compliance or notice ofnon-compliance to any person who signs a purchase agreement. The disclosure form and certificate of compliance or notice ofnon-compliance inspection form must be provided to the buyer prior to signing the purchase agreement. (3) The licensed inspector must submit a copy of the certificate of compliance or notice ofnon-compliance to the city within 15 days of the date of inspection. (4) If the existing system is found to be�r�t noncompliant^� �� ^F ^^m^'"�^� it must be brought into compliance prior to the transfer of the property. If the system is not brought into compliance prior to transfer, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (5) If the seller fails to provide a certificate of compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a complying ISTS. (6) The security shall be placed in an escrow with a licensed real estate closer, licensed attorney -at -law or a federal or state chartered financial institution. The amount escrowed shall be equal to 150 percent of a written estimate to install a complying ISTS provided by a licensed and certified installer, or the amount shall be equal to 110 percent of the written contract price for the installation of a complying ISTS provided by a licensed and certified installer. After a complying ISTS has been installed and a certificate of compliance issued, the City of Orono shall provide the escrow agent a copy of the certificate of compliance. (Ord. No. 212 3rd series, § 1, 8-13-2018) Sec. 58-72. Siting of an SSTS. Notwithstanding any state or federal requirements, the separation distance from an SSTS to a Type 3, 4, 5 or 6 wetland shall be no less than 50 feet. (1) SSTS in flood plains. No permit shall be issued for SSTS located in a floodway and wherever possible, location within any part of a floodplain should be avoided. If no option exists to locate a -an SSTS outside of a floodplain, location within the flood fringe is allowed if the requirements of Minn. R. 7080.2270 and all relevant local requirements are met. (2) Class V injection wells. All owners of new or replacement SSTS that are considered to be Class V injection wells as defined in the Code of Federal Regulations, title 40, part 144, are required to submit SSTS inventory information to the United States Environmental Protection Agency and the MPCA. Owners are also required to identify all Class V injection wells in property transfer disclosures. (Supp. No. 20, Update 2) Page 1 of 2 Created: 2022-07-19 16:12:42 [E5T] 35 (3) Holding tanks. Holding tanks may be used for the following applications only after it can be shown conclusively by the property owner that a -an SSTS permitted under this article cannot be feasibly installed: a. As a replacement for an existing failing SSTS; b. For an SSTS that poses an Imminent Threat to Public Health and Safety; or c. For use with buildings with limited water use. (4) Determination of hydraulic loading rate and SSTS sizing. Table IX from Minn. R. 7080,2150, subp. 3(E) entitled "Loading Rates for Determining Bottom Absorption Area and Absorption Ratios Using Detailed Soil Descriptions"" and Table IXa from Minn. R. 7080.2150, subp. 3(E) entitled "Loading Rates for Determining Bottom Absorption Area" Using Percolation Tests" and herein adopted by reference shall both be used to size SSTS infiltration areas using the larger sizing factor of the two for SSTS design. (Ord. No. 212 3rd series, § 1, 8-13-2018) (Supp. No. 20, Update 2) Page 2 of 2 Created: 2022-07-19 16:12:42 [EST] 36 Sec. 86-37. Unlawful acts. It is unlawful for any person to: (1) Do any work without first obtaining a required permit from the city authorizing such work. (2) Do any work beyond or outside the scope of a permit issued by the city. (3) Do any work prior to obtaining a required inspection and approval from the city, including failure to request any required inspection. Additionally no work shall Abe done beyond the point indicated in each successive inspection. (4) Fail to comply with the terms or conditions of a permit issued by the city, including failure to comply with all building or zoning requirements. (5) Fail to comply with any correction orders lawfully issued by the city when any work done is found to be in violation of or noncompliance with permit requirements. (6) Fail to stop or suspend work on any projector portion of a project in accordance with a lawfully issued stop work order. (7) Fail to pay any permit fee, inspection fee or reinspection fee. (8) Fail to comply with the terms and conditions of any building or zoning occupancy certificate. (Code 1984, § 12.08) (Supp. No. 20, Update 2) Page 1 of 1 Created: 2022-07-19 16:13:09 [EST] 37 Sec. 86-70. Permit expiration. (a) Any building permit issued by the city abandoned, withdrawn, or expired shall be null and void and shall require issuance of a new permit and payment of applicable fees prior to completion of the work. (b) Every permit issued expires unless the work authorized by the permit is commenced within 180 days after its issuance. Extensions may be granted by the Building Official. Permits become invalid if work is suspended or abandoned for more than 180 days. The 180 days commences the first day the work was suspended or abandoned. exteFier WeF'( authOFized by a building permit issued On aEEordance with the State Building Gede shall be In addition, no land shall remain disturbed and exposed without established grass or other ground cover according to the approved grading and landscaping plans for the same 12 m nth h a (c) Failure to complete such exterior construction shall result in the expiration of the existing permit. This does not release the permittee from making appropriate life safety corrections nor negate other building code requirements. (Code 1984, § 12.05; Ord, No. 151 3rd series, § 2, 7-27-2015) (Supp. No. 20, Update 2) Page 1 of 1 Created: 2022-07-19 16:13:09 [EST] K�:j Lake Minnetonka Real IJstate II, LLC 235 Lake Street, Wayzata MN 55391 Laura Oakden, Community Development City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: LA24-000005, PROPOSED ORDINANCE CHANGE Laura, 2/ 15/2024 Your proposed Ordinance Chapter 18 Streets, Parks, and Other Public Places proposes to add public right-of- way definitions to waterways, waters, and shoreland: "Public Right-of=l�YuJ� or P)rblic Rights-of=1�aJ� mecnrs ll)e surfacc>, air space abo��c> the s)nfac•e and the area be- loit� ilu� surface of anJ� p))blic str•eel, high���aJ; lane, push, alley, sidei��alk, frail, m�el)tre, boule��urd, dri>>e, court, concourse, bridge, luln)el, park, parin>>al; skJnraJ; ►>>aterivaJ; dock, bulkhead, i��l)arf, piel; easement or s•irnilar property or »paters i+�ilhin the City owned by or )ruder control �f the Cin; or dedicated or otherwise convet�c>d to the City for• general public use. No reference 1)erein to u ' j�ublic right-�f=,rnt�"shall be deen)c>d to be a repre- ser)tativr) or guarantee by the C'ily tl)al its interest or other right to control or use such property is s)�cier)t to hermit its• use for thehurl)ose of installing, operath)g al)d 1)lall)tCrll)Irrg )rtihty Sel'VIL'B faCl11lleS" The Commissioner of Natural Resources must approve Ordinances (§ 103F.221, � 103F.001) promulgated by the City of Orono that impact shoreland (6120.2500 subp. 15) by utilizing MR 6120.2500-G 120.3900. The Commissioner in issuing an approval, must do so in harmony and alingment with the policies of the State on Water Law including MR 6120.2600 and § 103A.201. Even with approval from the Commissioner, any regulations promulgated by the City of Orono on shoreland are subject to existing rights' (� 103A.201 MR 6120.2600) under the Water Law (� 103A.00 ] , § 103 F.001) in- cluding "riparian access, docking and boat bony rights, and the right to install and maintain the same" on Outlot B, Dragonfly Hill. As a friendly reminder, according to the plain language of the deed Orono has no ``riparian access'..." from Outlot B, Dragonfly Hill to Lake Minnetonka which was specifically excepted and reserved by my predeccsor in title. uaniei �usrarson 1 Petraborg v. Zontelli, 217 Minn. 536 (1944), Hanford v. St. Paul & D.R. Co., 7 L.R.A. 722 (1890) 2 Petraborg v. Zontelli, 217 Minn. 536 (1944) Lamprey v. Metcalf, l 8 L.R.A. 670 (1893) ,State by Head v. Slotness, 289 Minn. 485 (1971) 39 O I o 0 v �aow/ r- 1 1 I t 1 C �C 0 E O 0 M N am f `^ry 1 I I I I dLl� • a J NoT _ S�yM�tt� f. ,INK or disturbance of the right-of-way. resulting in the need to reconstruct such right-of-wav earlier • than would be required if the excavation or disturbance did not occur. Encroachment Agreement means an agreement between the City and a property owner that allows placement of an obstruction or structure in public right-of-way. as defined in this Section. Excavate orExcavafion means to dip into or in any way remove or physically disturb or penetrate any public right-of-wav paved or ground surface. or any portion thereof. Facility or Facilities means anything tangible, including equipment, which is required to erovide utility services. Frontage means the lot line abutting a public or private street. Obsfruct or Obstruction means to place or the placement of any object in a public right-of- wav, or to remove or the removal of an existing structure. or any portion thereof. from a public right-of-way that interferes with the free use of the public right-of-way. Parcel of land means a lot or contiguous lots or a tract officially registered under one ownership. Patch or Patching means a method of roadway surface replacement or restoration that consists of:11) the compaction of the sub -base and aggregate base: and t2) the replacement in kind, of the existing roadway surface for a minimum of two feet beyond the edges of the defined excavation in all directions. Private road means the entire area dedicated to private use or contained in a plat, an easement or other conveyance, grant or by adverse possession and includes but is not limited to roadways, boulevards, sidewalks, trails and other property between lateral property lines in which a private roadway lies. Public road means the entire area dedicated to public use, or contained in a plat, an easement or other conveyance, grant or by adverse possession, to the city or other governmental body, and shall include but is not limited to roadways, boulevards, sidewalks, trails, alleys and other public property between lateral property lines in which a public roadway lies. Where traveled public roadways exist in a location not shown on the platting map, the right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surface. Public Right -of --Way or Public Rights -of --Way means the surface, air space above the surface and the area below the surface of any public street, highway; lane, path. alley, sidewalk. trail avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway. skyway, waterway. dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the Citv. or dedicated or otherwise conveyed to the City for general public use. No reference herein to a "public right-of-wav" shalt be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining utility service facilities Utility Service means services provided bv: (1) a public utility as defined in Minnesota Statutes: (2) a telecommunications, pipeline. television.. fire and alarm community antenna communications, water, sewer, electricity, light, heat. cooling energy, or power services including wind generation: (3) a corporation organized for the purposes set forth in Minnesota Statutes: (41 a district heating or cooling system; or (5f a cable communication system as defined in Minnesota Statutes. (Code 1984, § 6.01; Ord. No. 77 2nd series, § 1, 1-8-1990) Cross reference(s)—Definitions generally, § 1-2, Created: 2022.07-19 16:12:31 [EST] (Supp. No. 20, Update 2) 41 MINNESOTA STATUTES 20?3 103F0(I1 CITATION; WATER LAW. 103 F.00 I This chapter and chapters 103A. 103B, 103C, 103D, 103E, and 103G constitute the eater lati of this state and maN• he cited as the "Water Law" History: 1990 c 391 err•! 6 •c 1 OIlici,d Publiruion uflhe Slide otMinnesola Revisor o1'St�dutcs M]NNESOTA STATUTES 2023 103F.221 MUNICIPAL SHO1tELAND MANAGEMENT. 103 F•221 Suhdi�•ision I .Commissioner's re�•ievf• of ordinances. (a) A nuuiiripality having shoreland within its corporate boundaries must submit ordinances or rules affecting the use and development of its shorelands to the commissioner t��r rep ie��. The commissioner must review the ordinances or rules and: (1) determine whether the rules and ordinances are in substantial compliance with municipal shoreland management standards and criteria under section 103F.21 l; and (2) consider any feature unique to the municipal shoreland in question; including the characteristics of the waters that may be affected by development, storm sewer facilities, and sanitary and waste disposal facilities in existence at the time of the commissioner's review. (b) If the commissioner determines that the ordinances or rules of a municipality do not substantially comply with the state standards and criteria for municipal shoreland management, the commissioner must notify the municipality The notice must state the changes that are necessary to bring the ordinances or rules into substantial compliance with the standards and criteria. By one year aver receiving the notice ti•om the commissioner, the municipality must make changes necessary to bring the ordinances or rules into substantial compliance with state standards and criteria. Subd. 2. Commissioner's adoption of ordinance for municipalih'. (a) The commissioner may adopt an ordinance or rules for the municipality if: (1) a municipality does not have an ordinance or rule affecting the use and development of shoreland; (2) the corporate boundaries of the municipality are expanded to include shorelands not previously included within the municipal boundaries and the municipality fails to adopt an ordinance within one year after including the shorelands within its municipal boundaries; or (3) the conunissioner determines that a municipal shoreland management ordinance does not substantially comply with the standards and criteria for municipal shoreland management and that the municipality has failed to make the necessary changes within one year after receiving notice of noncompliance. (b) The ordinance or rules for the municipality must be adopted as provided in this paragraph. The commissioner must hold at least one public hearing on the proposed ordinance or rules in the manner provided in section 462.357, after giving notice under section 462.357. The ordinance or rules are effective for the municipality on the date and in accordance with rules prescribed by the commissioner relating to compliance. (c) The ordinance must be enforced as provided in section 462.362. The penalties in section 462.362 apply to violations of the ordinances or rules adopted for the municipality by the commissioner. Subd. 3. Commissioner's cost of adopting ordinances. The costs incurred by the commissioner in adopting the ordinances or rules for the municipality must be paid by the municipality and collected from the municipality in the same manner as casts are paid by a county and collected ti•om a count}'under section 103F.21 �. subdivision 4. Subd. 4. Municipal use of land other than shoreland. Municipal planning and land use controls for land other than shoreland in the vicinity of shoreland must be, to the maximum extent practical, compatible with planning and land use controls for shoreland adopted under subdivision 1. Oliicial Publication ol•Ihe State ol'Minncsola Rc�•isor ol•Statules 43 1 REVISOR 6120.2600 POLICY. 6120.2600 The uncontrolled use of shorelands adversely atects the public health, safety, and general welfare by contributing to pollution of public waters and by impairing the local tax base. In furtherance of the policies declared in Minnesota Statutes, section 84.083, and chapters 103A, 10313, 103E to 1036, 115, 116, 394, 396, and 462, the commissioner provides the following minimum standards and criteria for the subdivision, use. and deN•elopment of the shorelands of public Avaters. The standards and criteria are intended to preserve and enhance the quality of surface waters. conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state. Statutory Authority: MSs 103F.211; 105.�185 History: 13 SR 3029 Published Electronically: Jame Il, 2008 Copyright �',2008 hp the Re�isor ul'Stouutes. Stale ol•Minnesotfi. All Rights Rescncd. MINNESOTA STATUTES 2023 103A.001 103A.001 CITATION; WATER LAW. Chapters I (13A. 103B, 103C, 103D; ] 03E, 1(i3F. and 103G constitute the water law of this state and may he cited as the "Water Law." History: 1990 � 391 art 1 s I 011icial I'ublieation of the Slate of Minnesota Rc��isa• of Stuuitcs 45 MINNESOTA STATUTES 2023 lU3A.Zlll REGULATORY POLICY. 103A.201 Subdivision I .Policy. To conserve and use water resources of the state in the best interests of its people, and to promote the public health, safety, and welfare, it is the policy of the state that: (I l subject to existing rights. public eaters are subject to the control of the state; (2) the state. to the extent provided by law. shall control the appropriation and use of waters of the state: and (3) the state shall control and supervise activity that changes or will change the course, current. or cross section of public waters, including the construction, t•econstruction. repair, removal. abandonment, alteration, or the transfer of ownership of dams, reservoirs, control structures, and waterway obstructions in public waters, Subd. 2. Wetlands findings; public interest. (a) Wetlands identitied in the state under section ] 03G.005. subdivision 19, do not: (1) grant the public additional or greater right of access to the wetlands; (2) diminish the right of ownership or usage of the beds underlying the wetlands, except as otherwise provided by law; (3) affect state law forbidding trespass on private lands; and (4) require the commissioner to acquire access to the wetlands. (b) The legislature finds that the wetlands of Minnesota provide public value by conserving surface waters, maintaining and improving water quality. preserving wildlife habitat. providing recreational opportunities, reducing runoff; providing for floodwater retention. reducing stream sedimentation, contributing to improved subsurface moisture, helping moderate climatic change, and enhancing the natural beauty of the landscape, and are important to comprehensive water management, and that it is in the public interest to: (I) achieve no net loss in the quantity. quality_ and biological diversity of Minnesota's existing wetlands; (2) increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands; (3) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and (4) replace wetland values where avoidance of activity is not feasible and prudent. History: 199U c 391 rn7 1 s ?; 1991 c• 301 crr•! 1 s 2 Onicial I'ublirriinn ot'the tilatc ol'A4innesola Revisor ol• Statutes def-shoreland.png (PNG linage, 800 x 800 pixels) — Scaled (93%) hops:i/images.dnr.State.nm.us/waters/watermgmt_section/Shoreland... Definition of Shoreland Ord"" OUU IL Designated (mapped) floodplain Shoreland River 11000 oft 19000 ft OHWL l i Lake j f I of 1 2/I5/2024, 7:59 AA4% I REv1SOR 6120.2500 DEFINITIONS. 6120.2500 Subpart 1. Scope of terms; mandatory; distances. For the purpose of parts 6120.2500 to 6120.3900, certain tenns or words used shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. Subp. 1 a. Accessory structure or facility. "Accessory structure" or "facility" means any building or improvement subordinate to a principal use which, because of the nature of its use. can reasonably be located at or greater than normal structure setbacks. Subp. 1 b. Bluff. "Bluft�' means a topographic feature such as a hill, cliff, or embankment having all of the following characteristics: A. part or all of the feature is located in a shoreland area; B. the slope rises at least 25 feet above the ordinary high water level of the waterbody; C. the grade ofthe slope ti•om the toe of the bluff to a point 25 feet or more above the ordinary high Nvater level averages 30 percent or greater: and D. the slope must drain toward the waterbody. An area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part oi'the bluff. Subp. 1 c. Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff. Subp. 2. Boathouse. "Boathouse" means a structure designed and used solely for the storage of boats or boating equipment. Subp. 3. Building line. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Subp. 3a. Commercial planned unit developments. "Commercial planned unit developments" are typically uses that provide transient, short -tens lodging Jrsaces, rooms, or parcels and their operations are essentially service -oriented. For example, hotel/motel a ccomnlodations, resorts, recreational vehicle and camping parks, and other primarily service -oriented activities are commercial planned unit developments. Subp. 3b. Commercial use. "Commercial use" means the principal use of land or buildings 1'or the sale, lease, rental, or trade oi' products, goods, and services. Subp. 3c. Commissioner. "Commissioner" means the commissioner of the Department of Natural Resources. Subp. 4. [Repealed, 13 SR 3029] Coppri=ht :`.200R by the Rc�•isor of Stirtulcs. S1alc al'Minnesula. All Richts Reser�•ed. 3 REV 1 SOR 6 120.2500 Subp. 7c. Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees ot• shrubs in a contiguous patch, strip, row, or block. Subp. 8. Lot. "Lot" means a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. Subp. 9. Lot width. "Lot ���idth" means the shortest distance between lot lines measured at the midpoint of the building line. Subp. 10. Nonconformity. "Nonconformity" means the same as that term is defined or described in Minnesota Statutes, chapter 394. Subp. 11. Ordina>y high water level. "Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point v��here the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high «pater level is the operati�ig elevation of the normal summer pool. Subp. 12. Planned unit development. "Planned unit development" means a t)�pe of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of common open space, density increases, al�d a mix of structure types and land uses. These developments may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee oumership, commercial enterprises, or any combination of these, or cluster subdivisions of dwelling units. residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and. land uses to these uses. Subp. l3. Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section 103G.005, subdivisions 15 and 15a. Ilowever, no lake; pond, or flowage of less than ten acres in size in municipalities and 25 acres in size in unincorporated areas need be regulated for the purposes of parts 6120.2500 to 6120.3900. A body of water created by a private user where there was no previous shoreland may, at the discretion of the local government, be exempted from parts 6120.2500 to 6120.3900. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the commissioner. Subp. 13a. Residential planned unit development. "Residential planned unit development" means a use where the nature of residency is nontransient and the Cop}'right �'2lIUR b�� the Revisor ul'Slntutcs. St,ite ol'Minncsotti. All Rights Reserved. 4 REVISOR 6120.2500 111ajor' of F1111a1y focus of the development is not service -oriented. For example, residential apartments, manufactured home parks, time-share condominiums, townhouses, cooperatives, and till[ fee ownership residences would be considered as residential planned unit developments. Subp. 13b. Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Subp. 13c. Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. Subp. 14. Setback. "Setback" means the minimum horizontal distance between a structure, sewage treatment system. or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. Subp. 14a. Sewage treatment system. "Sewage treatment system" means a septic ta11k and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in chapter 7080. Subp. 14b. Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Subp. 14c. Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Subp. 15. Shoreland. "Shorcland" means land located Ni•ithin the following distances from public ��•ater: l .UOU feet ti•om the ordinary high �yater level of a lake. pond. or flowage: and 300 feet from a river or stream. or the land%A and extent of a flood plain designated b_v ordinance on a river or stream, whiclieyer is greater. The limits of shorelands may be reduced whene\,er the waters involved are bounded by topographic divides which extend landward ftom the waters for lesser distances and when approved by the commissioner. Subp. 15a. Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by Copyright �'200R by the 12c��isor ul'Slalules. Slutc olAtimicsula, All Rights Rcsen•ed. 50 5 REVISOR 6120.2500 the Mitulesota state archaeologist or the director of the Minnesota Historical Societ}r. Ail unplatted cemeteries are automatically considered to be significant historic sites. Subp. I Sb. Steep slope. "Steep slope" means land where agriculttu•al activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. Subp. 16. Sh•uetw•e. "Structure" means any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. Subp. l7. Subdivision. "Subdivision" means land that is divided for the purpose of sale, rent, or lease, including planned writ development. Subp. l8. (Repealed, l3 SR 3029] Subp. 18a. Surface water=oriented commercial use. "Surface water -oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. Subp. 18b. Toe of the bluff. "Toe of the bluff" means the lower point of a �0-foot segment with an average slope exceeding 18 percent. Subp. l 8c. Top of the bluff. "Top of the bluff" means the higher point of a 50-foot segment with an average slope exceeding 18 percent. Subp. 19. Variance. "Variance" means the same as that term is defined or described in Minnesota Statutes, chapter 394. Subp. 20. Water=oriented accessory structure or facility. "Water -oriented accessory sri•ucture or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish hawses, pump houses, and detached decks. Subp. 21. Wetland. "Wetland" means a surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39 (1971 edition), which is hereby incorporated by reference, is available through the Minitea interlibrary loan system, and is not subject to frequent change. Statutory Authority: MSs 103F.211; IOS.=�8S Cop}•righl �2008 by the ltet•isor ul' St:�tutes. State of Minnesotti. All Right. Rcsen�ed. 51 6 REVISOR 6120.2500 History: 13 SR 3029 Published Electronically: Jr11M III 2008 Copyright d'•200R by the Rc�•isor ol'Statutcs. State of Mtinnesola. All Rights Rescrt>ed. Shoreland Regulations I Minnesota DNR https://www,dnrstate.mn.us/waters/watermgmt_section/shoreland/re... DEPARTMENT OF NATURAL RESOURCES shoreland Regulations Minnesota's shoreland Management Program guides land development along Minnesota's lakes and rivers to protect their ecological, recreational, and economic values. The state shoreland rules (MR 6120.2500 - 6120.3900 _(https://www.revisor.leg.state.mn.us/rules /?id=6120) ) establish minimum standards to protect habitat and water quality and preserve property values. These standards are implemented through local shoreland ordinances. Anyone who owns land along a lake or river should contact their local county, city, or township with questions about the standards and permit requirements that apply to their property. The DNR's role is to ensure that local shoreland ordinances comply with the state shoreland rules and to provide technical assistance and oversight to these local governments. Local Government Administrative Resources Model Shoreland Ordinance Updated April 28, 2022, the model serves as a tool for local governments to develop new or amend existing shoreland ordinances. • Model Shoreland Ordinance (/waters/watermgmt section/ shoreland/mod-ord.html) Innovative Higher Standards Many counties have adopted innovative and even higher standards in their zoning ordinances. The DNR periodically updates an inventory of county and city shoreland regulations that provide better resource protection and administrative practices than the shoreland rules. • Innovative Shoreland Standards Showcase (/waters/watermgmt section/shoreland /innovative-standards.html) shoreland Ordinance Review and Approval The DNR must review and approve all local shoreland ordinances and amendments. • Process for Adopting and Amending Shoreland Ordinances (/waters /watermgmt section/shoreland/adopt-amend-ordinances.html ) shoreland Reclassifications 1 of 4 2/1 s/2o2a, �aa an 53 s: O a CL Q O 'O O U -o v 0 UO 0 0 O ti W cc m N T a a CV lD � v N N O O N N w U. O LL C � O O I 0 U 0 O N m a m a C c0 I � I N � C o E u f m O �0 ��N77 C > C E o E a w 0. m N CT y 13 n 10 �E m 0 Q Ud A 0 "' E W a j"w �M m 3 o L3 °� t►� 0. m L) t3 ro 00 v Z N C m 0 N N y N �.N O m Eo " C o PCW� N E�a"r V o °' m '° � -' c° a ; OE Ca.1 Lo <n ~� t E ai $ Q m m 0 w v? t� pO rn E m >. ul m > 3 0 m �°, w m o E 0°0 © C T M = d a �n w m °o c 0 w r E c EaN m H 2 f2 in to d w E m I° U N U n OF ��DEPARTMENT NATUG°3G1�, RESOURCES Region 3 Headquarters 1200 Warner Road St. Paul, MN 10/3/2023 Laura Oakden Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Conditional Approval of City of Orono Shoreland Ordinance Amendment Dear Ms. Oakden: Thank you for sending your proposed Shoreland ordinance amendment to the DNR for conditional approval review. I am pleased to inform you that the proposed amendment is substantially compliant with the statewide rules and is hereby approved, provided all the conditions of approval in this letter are met. Ordinance Evaluation We have reviewed the following sections that you propose to amend in your draft ordinance received on 9/15/2023 for compliance with state Shoreland rules (MR 6120.2500 — 6120.3900). Our conditional approval only applies to the specific sections listed below. • Chapter 78, Section 1 • Chapter 78, Section 566 • Chapter 78, 1279 Attached is the proposed amendment with my comments, color -coded as follows: Red Comments. I have edited your proposed amendments to achieve compliance given my understanding of what you are trying to achieve. These edits reflect our discussion on 9/27/2023. Conditions of Approval The following conditions must be met before the DNR will issue final approval. 1. Include the "red" text inserted in the attached draft ordinance. 2. Return the attached "Ordinance Processing Checklist" and documents identified on the checklist. 55 Next Steps Following are the steps for completing and receiving final DNR approval for your amendment: 1. Revise the amendment based on the conditions listed above under conditional approval. 2. The city council adopts the amendment revised according to the listed conditions. 3. Email the completed Ordinance Processing Checklist (attached) and the documents identified on the checklist within 10 days of city council adoption to: a. Wes Saunders -Pearce wes.saunders-Pearce@state.mn.us b. Ordinance.review.dnr@state.mn.us 4. We will review the amendment adopted by the city council for consistency with the above conditions. 5. If the adopted amendments are consistent with the conditions, I will send you a "final approval" letter. State rules require DNR final approval of shoreland ordinances and amendments for those ordinances to be effective. A shoreland ordinance is an important land use regulation tool that helps to protect surface water quality, near shore habitat, and shoreland aesthetics of Minnesota's public waters. We appreciate your efforts to protect these resources for all present and future Minnesotans. Wes Saunders -Pearce is available to assist with ordinance technical guidance and to consult with you on other land and water - related projects. Sincerely, 0.� & Dan Lais Central Region Manager � Ecological and Water Resource Division Attachments: Proposed Ordinance with DNR comments Ordinance Processing Checklist c: Wes Saunders -Pearce, DNR Area Hydrologist Ordinance.review.dnr@state.mn.us 56 AGENDA ITEM Item No.: 6.1 Date: February 20, 2024 Title: LA24-000003, Brett Larson, 2480 Carman Street, Sketch Plan Presenter: Natalie Nye Planner Section: Other Items 1. Purpose: The applicant is requesting informal feedback on a proposed rezoning and subdivision project. 2. Background: The applicant owns and resides at 2480 Carman Street. This property is a long and narrow lot that is divided by an inlet. The total land area of the parcel is 1.85 acres with approximately 1.04 acres north of the inlet and 0.75 acres south of the inlet. The property is also split zoned with the northern portion of the lot zoned LR-1C- 1 and the southern portion zoned LR-1B. The applicant is proposing to rezone 4 parcels to the south of the inlet; 2470 Carman Street, 2490 Carman Street, and the southern portions of 2474 and 2480 Carman Street. The proposal would allow lot splits to occur for 2474 and 2480 Carman Street that would result in compliant and conforming lots to the north and south of the inlet. The rezoning would bring all four lots into conformity. Currently all of the proposed parcels are all less than an acre which does not conform to the 1 acre minimum of the LR-1B zoning district. If the parcels are rezoned the applicant would move forward with a plat application process to subdivide the parcel. 3. Planning Commission Action Requested: Planning Commission should review and provide feedback to the applicant on the proposed rezoning. Exhibits Exhibit A -LA24-000003 (2480 Carmen St) Sketch PCSR Exhibit B -Narrative Exhibit C -Proposed Rezoning Exhibit D -Sketch Plan Exhibit E -PCSR Minutes 011723 57 To: Chair Bollis and Planning Commission Members Adam Edwards, City Administrator From: Natalie Nye Planner Date: February 20, 2024 Subject: #LA24-000003, Brett and Amanda Larson, 2480 Carman Street, Sketch Plan Application Summary: The applicant is requesting informal feedback on a proposed rezoning and subdivision Droiect. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Commissions discussion with the applicant to bring to light potential issues to be addressed prior to submission of a formal Rezoning application. Planning Department Staff recommends the Commission provide feedback. Background The applicant owns and resides at 2480 Carman Street. This property is a long and narrow lot that is divided by an inlet. The total land area of the parcel is 1.85 acres with approximately 1.04 acres north of the inlet and 0.75 acres south of the inlet. The property is also split zoned with the northern portion of the lot zoned LR-1C1 and the southern portion zoned LR413. The southern portion of the lot is zoned LR-1B (1 acre) contains asingle-family home, where the northern portion of the lot, LR-.LC-1 (0.5 acre) does not contain any improvements. The applicant has interest in subdividing the property so that the two areas of the lot that are separated by the inlet are separate parcels that could each contain a single-family home. However, a subdivision of the property with the current zoning would result in a nonconforming parcel. The southern portion of the property is 0.75 acres which does not meet the LR413 requirement of 1.0 acres. The applicant has proposed rezoning the southern portion of the property from LR413 to LR-1C which allows for a 0.5 acre minimum. In order to avoid spot zoning, the applicant has also proposed the rezoning of the southern portion of 2474 Carman Street and all of 2470 and 2490 Carman Street from LR-113 to L114C as shown in Exhibit C. A sketch plan application was made in January of 2023 for the subdivision of 2480 Carman Street along the inlet. The previous application would make two lots on either side of the inlet, however the land on the south side of the inlet was substandard under 1 acre insize and would require a variance to create a new nonconforming lot. The Planning Commission was not in support of creating a nonconforming lot on the south side of the inlet. Proposal The applicant is proposing to rezone 4 parcels to the south of the inlet; 2470 Carman Street, 2490 Carman Street, and the southern portions of 2474 and 2480 Carman Street. The proposal would allow lot splits to occur for 2474 and 2480 Carman Street that would result in compliant and conforming lots to the north and south of the inlet. The rezoning would bring all four lots (if FILE # LA24-000003 February 20, 2024 Page 2 of 3 2474 and 2480 Carman Street are subdivided) into conformity. Currently all of the proposed parcels are all less than an acre which does not conform to the 1 acre minimum of the LR-1B zoning district. If the parcels are rezoned the applicant would move forward with a plat application process to subdivide the parcel. The applicant has indicated that the neighboring properties are in support of the rezoning, but has not provided formal letters. The Commission should request that the applicant provide any letters of support that the neighbors have provided. Planning Staff Analysis LOT ANALYSIS WORKSHEET Current Zoning Analysis Zoning Area Width Conforming 2480 Carman Northern Street Portion LR-1C-1* 1.04 acres 125' Yes Southern Portion LR-1B** 0.75 acres 140' No 2474 Carman Northern Street Portion LR-1C-1 0.96 acres 122' Yes Southern Portion LR-1B 0.65 acres 120' No 2470 Carman Street LR-1B 0.71 acres 130' No 2490 Carman Street LR-1B 0.56 acres 100' No * LR-1C-1 minimum requirements: 0.5 acres/100' width ** LR-1B minimum requirements: 1.0 acres/140' width Proposed Zoning Analysis Zoning Area Width Conforming 2480 Carman Northern Street Portion LR-1C-1 1.04 acres 125' Yes Southern Portion LR-1C* 0.75 acres 140' Yes 2474 Carman Northern Street Portion LR-1C-1 0.96 acres 122' Yes Southern Portion LR-1C 0.65 acres 120' Yes 2470 Carman Street LR-1C 0.71 acres 130' Yes 2490 Carman Street � LR-1C 0.56 acres 100' Yes *LR-1C minimum requirements: 0.5 acres/100' width FILE # LA24-000003 February 20, 2024 Page 3 of 3 The proposed rezoning would bring two parcels (2470 and 2490 Carman Street) into conformity in terms of lot area and lot width. The rezoning would also allow 2474 and 2480 to subdivide with all four lots meeting the minimum requirements. The other properties included in the proposal would be conforming within the LR-1C district but none of them are large enough to be subdivided as they exist today with the new zoning. The proposed rezoning is consistent with the zoning directly to the east and is not spot zoning. Outside Agency Comments Lake Minnetonka Conservation District: The LMCD provided feedback regarding the proposed rezoning and potential lot split. The LMCD was contacted because the inlet would provide lake access to two new lots should the rezoning and lot splits move forward. The LMCD was not concerned with additional docks stating that as long as the required setbacks were met it would not be an issue. The LMCD stated that there appeared to be enough space for two additional docks. Public Comments To date, no public comments have been received. Issues for Consideration 1. In the Planning Commission comfortable with the proposed rezoning? 2. Does the Planning Commission have any new concerns regarding potential subdivision in the future? 3. The applicant should provide feedback from the three impacted neighbors on the rezoning. Planning Staff Recommendation Planning Staff requests feedback to the applicant by discussing the issues identified above. r�. F Exhibit B January 17, 2024 To whom it may concern: My wife, Amanda and I purchased 2480 Carman Street in in March of 2022. Our plan has been to build our family home on the southern portion of the parcel and sell or develop the northern portion of the parcel. The northern and southern portions are separated by a lagoon that flows into Lake Minnetonka. The northern portion of the lot, which is approximately 1.5 acres, is zoned '/2- acre minimum lot size. The southern portion of the lot, which is approximately .9 acres, is zoned 1-acre minimum size. In 2023, we presented a site plan to the City Council proposing a separation of the two lots at the lagoon with a narrow portion of the northern lot remaning connected to the southern portion in order to legally comply with the 1-acre minimum requirement. Despite this legal compliance, the City Council expressed some concern with the fact that the southern lot would remain connected to a portion of the northern lot, a condition that exists today. In September of 2023, we finished construction of our home on the southern portion of the lot. On December 18, 2023, Mark Gronberg and I met with Melanie. Curtis and Laura Oakden to discuss the above proposal and any alternatives that may be more palatable to the City. Ms. Curtis and Ms. Oakden suggested that the City may prefer rezoning the southern portion of our lot along with the three parcels immediately to the west of our property from 1 acre to 'h acre minimum (LR-1 C). They explained that this change would accomplish at least four objectives: (1) cause the non- conforming lots to the west of our property to comply with the zoning requirements related to density; (2) cause the southern and northern portions of our property to have the same density/lot size requirements as one another; (3) cause the four impacted lots to conform with the density requirements in the Casco Point neighborhood and (4) avoid any issue of spot zoning. This proposed change would accomplish these four objectives and allow for the separation of a lot that is already separated by a body of water and make an otherwise unusable 1.5 acre vacant lot the sight of a new single family home. The proposed re -zoning would not practically change the use of the four lake properties as each are the sight ofsingle-family homes and each lot is less than one acre so no practical density would be added on the lakeshore. We plan to live across the lagoon from this property for many decades to come and we are committed to ensuring that any development of the northern lot is a welcome improvement to the neighborhood. Thank you for your consideration, Brett and Amanda Larson 61 � �'� . 1 =� � __-�� M PROPOSED SKETCH PLAN F7ORR OF LOT 12, & PART BRETBLOKARo OlvE OF LANGDON PARK HENNEPIN COUNTY, MINNESOTA SHORELINE DRIVE CO, RD, N0. 15 89°24' 04" E 125.05— � J��a sszs tee= zQ uu awe. Waal m'o RRn I `I 0 30 60 120 1 1 SCALE IN FEET LECAL DESCR�TION OF PRfASSES TORREpptoolr5r (per C«ti/i<ale of Titb fw. 1139669) yingl,South of0a Fire sdrawnfat righttoa�g'sa Bo theWestEnee 1'satd Lat 13 at o pont d1slant 507 feet South from the Northwest caner of sold Lot 13. AND ABSTRACT at 12, Black 6, 7ownsite of LoVdon Pak. • : denotes iron maker found (oo03): denotes existing spot elevolion, mean sea level dotoen --otT--: denotes existing cont" Fne, meat sea level dotan Bearings shown are based upon Hennepin Cowty coorchnotes. This svvy Intends to show the boundaries of the above desatbed wop«gy, the bcolian of xut'u� house orW shed, now g pot ekvolkns, t graphy, and of vis''Ve an and the Proposed location of a«woposea div' ng Gne th«eon tt does not pwporl to show any other improvements encroachments. Address: 2480 Cmmon Street Oros, IR4 55391 Evislinq z North part = LR-1C-1 South pal = lR-1B Proposed zorvng: LR-IC 2480, 2474, 2470 and 2490 Carman Street addresses odJocent C socoo Po l z ning.. zonvtq to match the Told area = 97.9334 Sq. ft. = 2.25! cc. Arco above OHW. = 800767! Sq. ft. = 1.85! cc. trot a;w SiPROPOSED LOT i 50.984_ 50. I 45,867_ SF ABOVE OHW. (1,05! AC.) I (byq ` R+al I \ f - CO OUTLO T A iT PROPOSED LOT LINE o O LAGOON �`a .�1 OUTLOT B rnsn+c �� N 69°42' 42" E ut-tc-t z /--52.00 SAD LOT 2 � SQ. Fr, 0' ABOVE OHW. tx'-to zawG t4 Exlsrwc � HOUSE I°tea m � q Iiro m It tw It w„ e31 Ran LAKE MINNETONKA CARMAN'S BAY 0 A VgRRE Nr CO f*1 LAGOON TRACT B R.L.S. NO. 1426 RONBERG &ASSOCIATES, I7 CIVIL BNCtNBBR9, LAND BURVBYORB, LAND PLANNI ' M S HORiH WLLOW OFSVE LONG LAKE. Mt 55356 952-173-4147 r�. Exhibit E MINUTES OF THE ORONO PLANNING COMMISSION January 11, 2023 6:00 o'clock p.m. 6. LA22-000069 BRETT CARBON, 2480 CARMAN STREET, SKETCH PLAN. Oakden said this application is similar to the previous one. They're requesting to split their lot. Again, it fronts on Shoreline Drive and it's a long, narrow lot with that lagoon. This parcel is slightly larger; it's roughly 1.85 acres of land. The lot is improved with a single-family home on the portion that is currently under construction. In 2020, it was an older home. They have since applied for a new home permit, and that's under construction today. I believe on the survey it's calling out the footprint of the original house to be removed. The northern inlet on the north side of the lagoon is unimproved. The property is unique with, again, the split zoning LR 1 B or a one -acre minimum to the south and LR 1 C one half -acre minimum to the north. Again, it's heavily wooded with the grading drops but less impacts of wetland on this parcel. The applicant's goal is to facilitate a new building site on the north of the inlet. And similar to the 2022 application, they are proposing the north lot would be conforming. The southern lot would be non -conforming. The existing parcel is conforming to the zoning district. The proposed northern parcel is the half -acre minimum and would propose to meet all the zoning requirements. The proposed southern parcel in the LR I district would be substandard in area so there still is not enough land to meet the LR I zoning district. Planning Commission and Council would have to discuss if they are in support of a lot area variance to create a new non -conforming lot. This one has the same engineer comments as before including the discussion of connectivity and then County permitting requirements with access to Shoreline. Are you comfortable with a proposal that includes variances to create a new non -conforming lot? And then do you have concerns about any layout regarding Hennepin County and the engineers comments for access? You are asked to discuss and provide feedback to the applicant. Brett Larsen, 2040 Carmine Street and Mark Gronberg, Gronberg and Associates, Long Lake, appeared as the applicants. Mr. Larsen said he and his wife are building a home on the southern portion. On the northern portion we've looked at a few different things. We've talked about a few different options, including putting commercial on the northernmost part, and residential on the southernmost part. It is all buildable; there are no wetland issues. After working through the options with Mark, it gets kind of tight when you're trying to create an easement or a roadway between the two. So the plan would be to have one single family home, one lot, one single family home on that lot. Mr. Gronberg said they looked at putting a shared cul-de-sac with both properties but it takes up too much area and the setbacks are onerous. We're certainly in favor of a shared access between the two properties so that there's only one there. And I think like Bob said, right in, right out. It makes a lot of sense on a busy road like that. A couple other things, looking at your 2030 land use plan, it shows that it's two to three units per acre. So we're certainly in favor of doing a rezoning here to get that maybe before the 2030. But another thing I wanted to bring up is back a couple years ago we had a neck going up to a 25 foot strip that went up to the north, just to make the dry land on that southerly lot over an acre. And then the northerly lot was still 100 feet wide. It seems stupid to have a 2546ot strip up there that they could never use, but it did technically meet the requirements. MINUTES OF THE ORONO PLANNING COMMISSION January 17, 2023 6:00 o'clock p.m. McCutcheon said he appreciated that the applicants are willing to work with the landowner to the west because it really looks like it's going to be a compromise between both parcels. Libby asked if they have pursued looking at an egress from Kelly Ave. Mr. Gronberg said it sounds like a good idea but who knows if those owners would be willing to give up access there. And then Brett would then have to give up access across his property to the right property of the West. Mr. Larsen said they work through the Ciry with building permits, and wanted to be can -do. We didn't ask for a variance. We tried to do everything outside of the setback. We had to scrap the existing house, fill in the foundation and do a new foundation in order to accomplish all that. We did have the same approach here. I've talked to Scott Edwards. We've talked about sharing that curb cut, if that makes this easier to do. Our strong preference would be to work with Mr. Edwards to find a way that we can access 15. And we have spoken with the LMCD, and they are telling us that a dock is doable. Erickson said as a point of information, reviewing the previous comments from Hennepin County a couple of years ago, the question was raised about the right -of --way for County 15. Hennepin County might want possibly another 12 feet ofright-of--way, which then in discussing that, they also pointed out that they didn't want to see any retaining walls are along that stretch of 15 for sightline visibility. Oakden said the County had asked fora 45-foot from centerline and now it's 33 foot so they'd ask for additional right -of -way, and that they wouldn't want any structural improvements in that right -of --way, like retaining wall. A new retaining wall would have to go within the parcel itself, not within the right-of- way space. Mr. Larsen said when they had the home design for the new home on the southern portion, they asked that the architect ensure that the hardcover minimums be met, even after the lots are separated. Oakden explained hard covers and structural coverage is commonly accounted by lot total. The applicant is saying that when they rebuilt their house, or when they put in for their application, they made sure that their hardcover and their structural coverage totals would be met with just the southern portion as a standalone parcel. So that if they were to divide off the north, they'd still be in compliance, and they wouldn't be creating new, additional non -conformities regarding hardcover and structural coverage. Libby asked having dealt with turnouts, turn lanes, and driveway aprons as much as you have, would you anticipate them? If there was a feasibility of an egress from County Road 15, that there would be a necessity for two? Mr. Gronberg said usually for two houses, they aren't that particular, but they'd have to work through it with them. They may want a short little deceleration lane and a short little acceleration lane. 65 MINUTES OF THE ORONO PLANNING COMMISSION January 17, 2023 6:00 o'clock p.m. Ressler said he'd like to answer the applicant's question on the hardcover. We don't want to have three non -conforming lots if we're talking about the adjoining property. In terms of zoning right now are those northern lots even technically also zoned commercial? Oakden said they're zoned residential. LR 1 C one is a residential zone. Ressler said if it was for the higher density, then they would still be creating a problem because they'd be asking for one non -conforming lot. The whole idea would be, let's get the zoning corrected to the spirit of the neighborhood and then create conforming lots. And by doing so, then you would be able to do that. McCutcheon asked if we were to rezone the northern parcels as LR 1 B, does that help instead of having lots of variances with this one to make it as is it? Oakden said LR 1 B is a larger zoning district, one acre minimum. Right now, with the split the LR 1 C 1 is the half -acre lot minimum. With the split at the lagoon, the LR 1 C one meets the half -acre needed, but then that leaves the southern lots not being an acre in size. So that's the creation of a non -conforming lot on both applications. Libby said he thought the discussion had been very healthy, especially with applicants in-house. I think that bringing this back to us and talking is kind of what we're here for. We can't always do a vote. But we can always give our input. So I feel gratified that we had this time to spend. McCutcheon said he felt if they're going to change something, let's do it the best fit that checks, the most boxes that we've talked about here, whether it's the access to Shoreline Drive, the buildable areas, wetland, easements, all these sorts of things that we talked about. I guess we'll end the discussion there. Lake Minnetonka Real Estate II, LLC 235 Lake Street, Wayzata MN 55391 Laura Oakden, Community Development City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: LA24-000005, PROPOSED ORDINANCE CHANGE Laura, Your proposed Ordinance Chapter 18 Streets, Parks, and Other Public Places proposes to add public right-of- way definations to waterways, waters, and shoreland: “Public Right-of-Way or Public Rights-of-Way means the surface, air space above the surface and the area be- low the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use. No reference herein to a “public right-of-way” shall be deemed to be a repre- sentation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining utility service facilities” The Commissioner of Natural Resources must approve Ordinances (§103F.221, §103F.001) promulgated by the City of Orono that impact shoreland (6120.2500 subp. 15) by utilizing MR 6120.2500-6120.3900. The Commissioner in issuing an approval, must do so in harmony and alignment with the policies of the State on Water Law including MR 6120.2600 and §103A.201. With or without approval from the Commissioner, any regulations promulgated by the City of Orono on Shore- land are subject to existing rights1 (§103A.201 MR 6120.2600) under the Water Law (§103A.001, §103F.001) including “riparian access, docking and boat bouy rights, and the right to install and maintain the same” on Outlot B, Dragonfly Hill. Construction of public highways or public rights of way are not remotely connected with navigation or any other water-connected public use and is not one of the public purposes for which the State holds bed of naviga- ble lake in trust for public, and accordingly, State may not take riparian land or rights for public use.2 As a friendly reminder, according to the plain language of the deed Orono has no “riparian access3...” from Outlot B, Dragonfly Hill to Lake Minnetonka which was specifically excepted and reserved by my predeccsor in title. Regards, Daniel Gustafson 1 Petraborg v. Zontelli, 217 Minn. 536 (1944), Hanford v. St. Paul & D.R. Co., 7 L.R.A. 722 (1890), Lake Minnetonka Conservation District Agenda Item 13A, March 11, 2020 & Minutes submitted to Laura Oakden 2 State by Head v. Slotness, 289 Minn. 485 (1971) 3 Petraborg v. Zontelli, 217 Minn. 536 (1944) Lamprey v. Metcalf, 18 L.R.A. 670 (1893) , State by Head v. Slotness, 289 Minn. 485 (1971) 2/15/2024AMENDED PUBLIC ATTENDANCE MEETING DATE t`& Lz e- 2. ,- CITY COUNCIL PLANNING COMMISSION PARK COMMISSION OTHER Assistive Listening Device available upon request Please complete the following information for City Records Name (please print) 2. 3. 5 6. 7 1 11. Address Present for (from agenda) Name or Number 12