HomeMy WebLinkAbout05-19-2025 - Agenda Packet Planning Commission - Planning Commission PacketAgenda
Planning Commission
Monday, May 19, 2025, 6:00 PM
2780 Kelley Parkway, Orono, MN 55356
952-249-4600 /oronomn.gov
1. Call to Order
2. Pledge of Allegiance
3. Approval of Agenda
4. Approval of Minutes
4.1. Planning Commission Minutes of April 21, 2025
5. Public Hearings
5.1. LA25-000016, Charles Cudd Co LLC, 2545 Dunwoody Avenue, Variances (Matthew
Karney)
6. New Business
6.1. LA25-000019, Darryn Beckstrom, 245 Ferndale Rd N, RPUD Concept Plan Review (Staff:
Melanie Curtis)
7. Old Business
7.1. LA25-000014, Revisions to City Code regarding the Keeping of Animals in Residential
Districts (Matthew Karney)
8. Other Items
9. Adjournment
Audience Members: Information regarding each of the agenda items is available on the city website
under meetings and in the public packet located in the lobby near the entrance. Applicants will be asked
to move to the lectern to answer questions after staff presents the application. The Planning
Commission is an advisory body to the City Council. If action is taken on any 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 comments made, though no action or
deliberation of the Council will occur.
Sign up for email notifications at https://www.oronomn.gov/
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Date: May 19, 2025 Item: 4.1
Presenter: Laura Oakden, Community Development Director
Section: Approval of Minutes
Title: Planning Commission Minutes of April 21, 2025
1.Purpose:
Approve the Planning Commission Minutes
2.Planning Commission Action Requested:
Approve the Planning Commission Regular Minutes of April 21, 2025
AGENDA ITEM
Exhibits
04.21.2025 Planning Commission Minutes
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Minutes
Planning Commission Regular Meeting
Monday,April 21, 2025, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 1 of 4
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 Thomas Brandabur,
Andrew Jarnot, Kelly Prchal, Sam Tift and Shane Weltzin. Commissioner Jon Ressler was absent.
Staff present: Community Development Director Laura Oakden,City Planner Melanie Curtis, and City
Planner Matthew Karney.
2.PLEDGE OF ALLEGIANCE
3.OTHER ITEMS
3.1 Oath of Office –Sam Tift and Shane Weltzin
Community Development Director Oakden administered the Oath of Office to the newly
appointed Planning Commissioners.
4.APPROVAL OF AGENDA
Prchal moved, Jarnot seconded, to approve the Agenda. VOTE: Ayes 6, Nays 0.
5.APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 17,
2025
Brandabur moved, Weltzin seconded, to approve the minutes of the Orono Planning Commission
meeting of March 17, 2025. VOTE: Ayes 6, Nays 0.
6.PUBLIC HEARINGS
6.1.LA25-000010, ASHLEY MEHBOD, 2625 NORTH SHORE DRIVE, LAKE SETBACK AND
HARD COVER VARIANCES.
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve variances allowing the construction of a new porch on one side of the home.
The Planning Commission discussed the item and asked questions of staff and the applicant, Ashley
Mehbod,2625 North Shore Drive.
Chair Bollis opened the public hearing at 6:05 p.m.
There were no public comments
Chair Bollis closed the public hearing at 6:05 p.m.
Commissioners noted that since the house was built in the 1920s,it cannot meet current setbacks, the
proposed new porch is not closer to the lake,doesn’t impact neighbors,and the plan overall reduces
hardcover.
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Minutes
Planning Commission Regular Meeting
Monday,April 21, 2025, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 2 of 4
Jarnot moved, Prchal seconded, to approve LA25-000010, 2625 North Shore Drive,Variances.
VOTE: Ayes: 6, Nays 0.
6.2.LA25-000011, REHKAMP LARSON ARCHITECTS, 3275 CARMAN ROAD, VARIANCES.
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve the variance requests for Average Lakeshore Setback, 75-foot Lakeshore Setback and New
Hardcover within the Lakeshore Setback to rework the front porch, modify the back deck, extend the roof
to improve drainage,and add a patio. The proposal reduces the total hardcover.
The Planning Commission discussed the item and asked questions of staff and the applicant, Angela
Wingate, Rehkamp Larson Architects, Minneapolis.
Chair Bollis opened the public hearing at 6:24 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:24 p.m.
Commissioners called the changes thoughtful, better for the view of neighbors, and noted the reduction of
hardcover
Prchal moved, Weltzin seconded, to approve LA25-000011, 3275 Carman Road,Variances as
applied. VOTE: Ayes: 6, Nays 0.
6.3.LA25-000012, PKA ARCHITECTURE,1205 TONKAWA ROAD, AVERAGE LAKESHORE
SETBACK, LAKE SETBACK VARIANCES AND PLUMBING IN AN ACCESSORY
BUILDING.
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve the application for variances to reconstruct a legal non-conforming outbuilding.The footprint and
volume of the building would be the same. Staff recommends approval as applied,including restrictive
covenants for the use of the accessory building.
The Planning Commission discussed the item and asked questions of staff and the applicant, Andrew
Edwins, PKA Architecture, Minneapolis.
Chair Bollis opened the public hearing at 6:41 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:41 p.m.
Commissioners cited a letter from the DNR addressing the plumbing as concerning,and also expressed
concerns about the plan to have the roof a foot higher because it would be necessary to raise the floor a
foot. Some said it seemed to be a different use than the original building. Others pointed out the water
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Minutes
Planning Commission Regular Meeting
Monday,April 21, 2025, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 3 of 4
from the plumbing would go into the sewer rather than into the lake, in contrast to an outdoor spigot,and
the City allows plumbing in accessory buildings.It was clarified that the plumbing did not need a
variance and the raise in elevation was due to the floodplain.
Weltzin moved, Taft seconded, to approve LA25-000012, 1205 Tonkawa Road,Variances as
applied. VOTE: Ayes: 6, Nays 0.
6.4.LA25-000013, ANDERSON ENGINEERING, 200 WOODHILL ROAD, INTERIM USE
PERMIT.
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss and
approve the permit request for a storm sewer replacement and ancillary golf course improvements at
Woodhill Country Club, which is partially located in the City of Orono.Staff recommends approval
subject to several conditions.
The Planning Commission discussed the item and asked questions of staff and the applicant, Kyle
Stebbing,Anderson Engineering, Plymouth,MN.
Chair Bollis opened the public hearing at 7:17 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 7:17 p.m.
Commissioners said the application was straightforward and would be an improvement.
Prchal moved, Weltzin seconded, to approve LA25-000013, 200 Woodhill Road,Interim Use Permit
as applied with the condition that the construction entrance would be off County Rd. 15. VOTE:
Ayes: 6, Nays 0.
7.NEW BUSINESS
7.1 LA25-000014, REVISIONS TO CITY CODE REGARDING THE KEEPING OF ANIMALS IN
RESIDENTIAL DISTRICTS.
The Planning Commission is requested to review the Staff report, receive a presentation,and discuss
possible revisions to City Code relating to farm animals and whether the code should list animals that are
prohibited or animals that are permitted.
The Planning Commission discussed the item and asked questions of staff.
Commissioners discussed the types of animals that could be allowed or prohibited and how regulations
could be varied based on zoning and lot size. The Planning Commission directed staff to draft proposed
language to add pigeons, doves and rabbits to the current code and define the number of those animals in
a unit;loosen regulations for cooped or penned animals for smaller lots,and define domesticated animals.
8.ADJOURNMENT
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Minutes
Planning Commission Regular Meeting
Monday,April 21, 2025, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Page 4 of 4
Prchal moved, Brandabur seconded, to adjourn the Planning Commission Meeting at 8:08 p.m.to
May 19,2025.VOTE: Ayes 6, Nays 0.
ATTEST:
_________________________________________
Christopher Bollis, Chair
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Date: May 19, 2025 Item: 5.1
Presenter: Matt Karney, Planner
Section: Public Hearings
Title: LA25-000016, Charles Cudd Co LLC, 2545 Dunwoody Avenue, Variances
(Matthew Karney)
1.Purpose:
The applicant requests a conditional use permit for new retaining walls within the lakeshore
setback.
2.MN§15.99 Application Deadline:
The application was made on April 2, 2025 and deemed complete on April 17, 2025. The 60-day
review period has been extended by staff an additional 60 days, to expire on August 15, 2025.
3.Background:
The applicant proposes a new retaining wall system to provide direct stair access and a tramway to
the lakes over a steep grade. They proposed to replace an existing wooden stairway and stone
walls near the lakes which are in declining condition. They propose a lengthened straight stair to
the lake and a parallel track for a proposed tram with straight, two (2) foot-wide retaining walls
extending along the base of the slope. The new walls have a larger footprint and visual impact than
the existing condition. Additionally, a wall is proposed on the upslope side of the proposed sand
blanket in the rip rap.
4.Public Comment:
No public comments have been received.
5.Staff Recommendation:
The significant increase in the size and coverage of the walls, combined with the limited screening
does not meet the conditional use criteria nor the intent and purpose of the Comprehensive Plan as
it pertains to shoreland management.
The applicant has not provided the necessary justification for the proposed walls and stairs, nor
have they established an existing failing condition that is to be solved by the proposed design.
Shoreland management regulations stipulate that the improvements placed within the lake setback
should be screened from view by vegetation. As proposed, the stairs and walls will be the most
visible from the lake. The applicant should revisit their design with a greater focus on minimizing
the amount of disturbance, reducing the number of walls, and increasing the opportunities to
screen the improvements as much as possible.
Planning Staff recommends denial of the conditional use permit as applied.
6.Planning Commission Action Requested:
If the commission agrees with staff's analysis; a motion should be made to deny the application.
AGENDA ITEM
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Alternatively, the application can be tabled to allow the applicant to revise the design and provide
the necessary engineering support and justification for the wall design meeting the conditional use
criteria.
Exhibits
Exhibit A - Staff Report
Exhibit B - Application Summary
Exhibit C - Imagery
Exhibit D - Cover Letter & Project Clarifications
Exhibit E - Proposed Conditions Survey
Exhibit F - Hardcover Calculations
Exhibit G - MCWD Permit
Exhibit H - Mailing List & Map
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Date Application Received: 04/02/2025
Date Application Considered as Complete: 04/17/2025
120-Day Review Period With Extension Expires: 08/15/2025
To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Matthew Karney, Planner
Date: 19 May 2025
Subject: #LA25-000016, Charles Cudd Co., 2545 Dunwoody Avenue
Conditional Use Permit – Public Hearing
Background
The applicant proposes a new retaining wall system to provide direct stair access and a tramway to the
lakes over a steep grade. They proposed to replace an existing wooden stairway and stone walls near the
lakes which are in declining condition. They propose a lengthened straight stair to the lake and a parallel
track for a proposed tram with straight, two (2) foot-wide retaining walls extending along the base of the
slope. The new walls have a larger footprint and visual impact than the existing condition. Additionally, a
wall is proposed on the upslope side of the proposed sand blanket in the rip rap.
Note, a building permit for a new single-family home is currently in review for the property, no variances
are required for the new home. The applicant has obtained a Minnehaha Creek Watershed District
(MCWD) permit for Shoreline and Streambank Stabilization, Sand Blanket, Floodplain alteration, and
Erosion control, which should address the proposed projects at the property. MCWD Permit 25-144 is
attached as Exhibit G.
Conditional Use Permit Analysis:
The applicant has provided a site plan showing proposed conditions, hardcover, and wall cross sections.
Compared to the existing conditions, the proposed walls are in a new location, and have a larger footprint
as the stair has been lengthened extended upslope to allow for more gradual descent to the lakeshore.
The proposed walls are shown to be one (1) foot tall (near sand blanket) to up to six (6) feet tall (near
southern corner of property).
A conditional use permit (CUP) is required in instances where new walls are proposed or replacement
walls are proposed that are greater than four (4) feet in height the lakeshore setback. As proposed, a CUP
is required for the proposed retaining walls.
Section 78-305 & 78-1279 – Setbacks:
Application Summary: The applicant requests a conditional use permit for new retaining walls within
the 75-foot lakeshore setback.
Staff Recommendation: Planning Staff recommends denial as applied.
LR-1A District Required Existing Proposed
Lakeshore 75’ N/A ~8’ Proposed Retaining Wall System
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FILE # LA25-000016
21 April 2025
Page 2 of 5
Section 78-1680 and 78-1700 – Hardcover Calculations:
Stormwater
Overlay
District Tier
Total Area in Zone
Allowed
Hardcover
Existing Hardcover Proposed Hardcover
Tier 1 39,004 s.f.
0.9 acres
9,751 s.f.
(25 %)
8,785 s.f.
(22.52%)
9,724 s.f.
(24.93%)
Conditional Use Permit (Sections 78-1279 and 78-916)
Section 78-1279(5)(c) states:
“A wall in the shore setback zone, within a defined bluff and bluff setback; and/or a replacement wall 4
feet in height or greater; and/or any new walls shall require a conditional use permit. New walls and
replacement walls greater than 4 feet in height must meet the following conditions. The wall must be”:
1. Designed to correct an established erosion problem:
The applicant states the proposed retaining walls are required to replace the existing failing walls
that are no longer preventing soil and sediment from staying in place on the slope down to the lake.
The applicant has not established that there is an existing erosion problem justifying the proposed
condition. This criterion is not met.
2. Suitable given the demonstrated need:
A lake stair is permitted to allow for safe access to the lake, a tram is also permitted. However, the
applicant has not demonstrated that the proposed retaining walls are correcting established,
existing slope stability issues. This criterion is not met.
3. Designed by a registered engineer or landscape architect, depending on the project scope:
The submitted wall plans are signed by a professional engineer. This criterion is met.
4. Designed to be the minimum size necessary to control the erosion problem:
The applicant has not provided evidence that the proposed retaining walls have been sited and sized
appropriately, and are the minimum necessary to address an established erosion control problem
in the lake setback. This criterion is not met.
In addition to the conditions listed in Section 78-1279, Section 78-916 provides a list of conditions
supporting Conditional Use Permit (CUP) issuance. The Planning Commission may recommend and the
Council may grant a CUP as the use permit was applied for or in modified form. Based on the application
and the evidence submitted, the city must find that the proposed use at the proposed location is or will
be:
1) Consistent with the community management plan:
Retaining walls supporting a lake access stair and those that provide needed stabilization in steep
slope situations are consistent with the Comprehensive Plan. This criterion is met.
2) Compliant with the zoning code, including any conditions imposed on specific uses as required by
article V, division 3 of the City Code:
Retaining walls within the lakeyard are permitted where they are deemed necessary to protect the
integrity of the slope. The proposed walls are designed to be two feet wide and will run straight down
the slope, making screening of the walls nearly impossible. If proven necessary by the applicant’s
engineer, the replacement stairs and walls should be designed to comply with the screening
requirements outlined in the Shoreland Regulations. This criterion is not met.
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FILE # LA25-000016
21 April 2025
Page 3 of 5
3) Adequately served by police, fire, roads, and stormwater management:
The property meets this standard.
4) Provided with an adequate water supply and sewage disposal system:
The property meets this standard.
5) Not expected to generate excessive demand for public services at public cost:
This proposal is not anticipated to impact public services.
6) Compatible with the surrounding area as the area is used both presently and as it is planned to
be used in the future:
The proposal to add a larger, replacement retaining wall system on the slope is not compatible with
the surrounding area or the city’s goals for a natural lakeshore aesthetic. This criterion is not met.
7) Consistent with the character of the surrounding area, unless a change of character is called for
in the community management plan:
The installation of new retaining walls to support a lake access stair and tramway is consistent with
the character of the surrounding area. However, City Code Section 78-1285 stipulates that “stairways,
lifts and landings must be located in the most visually inconspicuous portions of lots, as viewed from
the surface of the public water, assuming summer, leaf-on conditions, whenever practical”. The
current design does not permit screening. This criterion is not met.
8) Compatible with the character of buildings and site improvements in the surrounding area, unless
a change of character is called for in the community management plan:
The applicant has not provided documentation showing the existing slope is failing. The retaining walls
do not appear to be the minimal size and placement necessary to accommodate the proposed lake
access stairs and tramway. This criterion is not met.
9) Not expected to substantially impair the use and enjoyment of the property in the area or have a
materially adverse impact on the property values in the area when compared to the impairment
or impact of generally permitted uses:
The improvements to the lakeshore with the proposed retaining walls and lake access should not
adversely impact other properties in the neighborhood. This criterion is met.
10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely
to disturb surrounding uses:
The applicant has not provided a landscape plan to show how the proposed walls will be screened
when viewed from the lake, however, they have stated they would provide overhanging plantings,
sedum between boulders and plantings at the base of the walls to provide screening. However, the
straight design of the walls down the slope will be more visually impactful than a meandered stair
system. This screening method may mitigate potential impacts from some of the walls; but the two (2)
foot wide walls in parallel to the stairs will have a greater visual impact. This criterion is not met.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust,
electrical interference, general unsightliness, or other means:
The proposal is not anticipated to create a nuisance.
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FILE # LA25-000016
21 April 2025
Page 4 of 5
12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a
demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access:
The proposal is not anticipated to create excessive traffic burdens on the nearby road network.
13) Designed to take into account the natural, scenic, and historic features of the area and to minimize
environmental impact:
The proposed retaining walls have a larger footprint and take up a larger portion of the slope than the
existing condition, and do not appear to be the minimum size necessary to stabilize the slope leading
to the lakeshore. This criterion is not met.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-
way or neighboring residential uses or districts:
The proposal does not include the installation of any exterior lighting.
15) Not detrimental to the public health, public safety, or general welfare:
Staff finds the proposal does not come at a detriment to the public health, safety, or welfare of
residents and landowners of the City of Orono. This criterion is met.
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall
remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this
section shall prevent the city from enacting or amending official controls to change the status of
conditional uses.
Public Comments
No input from the public regarding this application has been received by staff as of the writing of this
report.
Planning Staff Recommendation
Screening the impacts of development, as it is viewed from the lake has long been a goal within the
Comprehensive Plan. The land use chapter states that “natural vegetation will be preserved on slopes and
retaining walls will be discouraged except when absolutely necessary to prevent erosion, in which case
they will be screened with natural vegetation”. The significant increase in the size and coverage of the
walls, combined with the limited screening does not meet the conditional use criteria nor the intent and
purpose of the Comprehensive Plan as it pertains to shoreland management.
The applicant has not provided the necessary justification for the proposed walls and stairs, nor have they
established an existing failing condition that is to be solved by the proposed design. Shoreland
management regulations stipulate that the improvements placed within the lake setback should be
screened from view by vegetation. As proposed, the stairs and walls will be the most visible from the lake.
The applicant should revisit their design with a greater focus on minimizing the amount of disturbance,
reducing the number of walls, and increasing the opportunities to screen the improvements as much as
possible.
Staff recommends denial as applied. The planning commission should consider the following motions:
1. Deny the application as applied.
2. Table. The application should be tabled to allow the applicant to revise the design and provide
the necessary engineering support and justification for the wall design meeting the conditional
use criteria.
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FILE # LA25-000016
21 April 2025
Page 5 of 5
List of Exhibits
Exhibit A. Staff Report
Exhibit B. Application Summary
Exhibit C. Imagery
Exhibit D. Cover Letter & Project Clarifications
Exhibit E. Proposed Conditions Survey
Exhibit F. Hardcover Calculations
Exhibit G. MCWD Permit
Exhibit H. Mailing List & Map
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Land Use Application Summary
Application Date:04/02/2025
Address:2545 Dunwoody AVE
Orono, MN 55391
Parcel Number:2011723210030
Land Use Number:LA25-000016
Application Submitted By:Agent on behalf of property owner
Owner:Name: S M Hentges Trust Et Al
Address: 13780 OLD BRICK YARD RD
Applicant:Name: Michael Shroat
Company: Charles Cudd Co, LLC
Address: 15050 23rd Ave N
Plymouth, MN 55447
mikes@charlescudd.com
Contact Information:Associated Contact: Mark Gronberg
markg@gronbergassoc.com
Associated Contact: John Sonnek
jsonnek@charlescudd.com
Associated Contact: S M Hentges Trust Et Al
Associated Contact:
Project Description:Redo Retaining Walls and Stairs to the Lake
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
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Exhibit C – Imagery of 2545 Dunwoody Ave, Orono
15
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Photo submitted by applicant of property from Lake Minnetonka.
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2545 Dunwoody Ave. Shoreline Restoration – Improvement Project Description April 2, 2025
Project Location:
2545 Dunwoody Ave. Orono
Project Contact: John Sonnek, VP of Constr.
Charles Cudd Co, LLC
jsonnek@charlescudd.com
612.889.3530
The plan is to rebuild the retaining walls on both sides of the new stairs replacing the existing. There are a
combination of medium to large modular granite wall stones for the retaining walls, and poured concrete stairs
with a poured “curb-wall” on the sides of the stairs to provide safe footing and a solid mount for the railing. The
proposed plan would have minimal grade changes so the dirt exchange will be minimal.
The final proposed change at the shoreline is to rearrange the rip-so that a 10’ x 20’ sandblanket can be installed.
This will allow for a minimal cut to create the area needed for the sandblanket. All the necessary BMP’s will be
in place per the erosion control plan that has been submitted to MCWD for approval.
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Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information
contained in the permit application, correspondence, plans, maps, and all other supporting data
submitted by the applicant, and made a part hereof by reference, PERMISSION IS HEREBY
GRANTED to the applicant named below for use and development of land in the Minnehaha
Creek Watershed District.
Issued to: Steve and Jeanette Hentges Permit No: 25-144
Location: 2545 Dunwoody Avenue, Orono, MN
Purpose: Shoreline and Streambank Stabilization-Sandblanket, Floodplain Alteration, Erosion
Control
Date of Issuance: 05/05/2025 Date of Expiration: 05/05/2026
By Order of the Board of Managers
Abigail Couture
____________________________
Abigail Couture
Permitting Technician
This permit is not transferable without District approval, and is valid to the date of expiration. No
activity is authorized beyond the expiration date. If the permittee requires more time to complete
the project, an application for renewal of the permit must be received by the District at least 30
days before expiration.
The applicant is responsible for compliance with all District Rules and for the action of their
representatives, contractors, and employees.
Conditions: Project to be completed as described in plans submitted to the
MCWD office on 04/17/2025 and 04/18/2025 according to the provisions of this
permit.
• No activity affecting the bed of a public water, lake or wetland may be
conducted between April 1st, thru June 30th
• Only one installation of sand or gravel to the same location may be made during
a four-year period. After the four years have passed since the last blanketing, the
location may receive another sandblanket. No more than two applications may
be made at an individual project site.
• Properly install and maintain all required erosion control measures until the
disturbed areas are re-stabilized
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Inspection/Analysis/Monitoring Fees
A site inspection and monitoring by District staff will be performed where the activity involves:
• a commercial/industrial/multi-family residential development
• a single family residential development greater than 5 acres or of any size if within the
Minnehaha Creek subwatershed
• any alteration of a floodplain or wetland
• dredging within the beds, banks or shores of any protected water or wetland
• a violation
• any project which in the judgment of the District staff should be inspected due to project
location, scope, or construction techniques
In these cases, the applicant shall pay to the District a fee equal to the actual costs of field
inspection of the work, including investigation of the area affected by the work, analysis of the
work, and any subsequent monitoring of the work, which in the case of a violation shall be at
least $35.
Standard Fee Schedule
District Professional Staff: $70.07/hour
District Administrative Staff: $50.74/hour
Consulting Engineer/Technician: Contracted rate
District Counsel: Contracted rate
Permit Application Fee: $10.00
Wetland Buffer Signs: $2.85/sign
Black and White Photocopy Costs: $0.25/page + actual staff time
Color Photocopies: $1.00/page + actual staff time
Electronic Records: cost of production
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Hennepin County Locate & Notify Map
2545 Dunwoody
0 200 400100 Feet
Date: 4/7/2025
Buffer Size:500
Map Comments:
This data (i) is furnished 'AS IS' with no representation as to
completeness or accuracy; (ii) is furnished with no warranty of any
kind; and (iii) is notsuitable for legal, engineering or surveying
purposes. Hennepin County shall not be liable for any damage, injury
or loss resulting from this data.
For more information, contact Hennepin County GIS Office
300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us
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Date: May 19, 2025 Item: 6.1
Presenter: Melanie Curtis, Planner
Section: New Business
Title: LA25-000019, Darryn Beckstrom, 245 Ferndale Rd N, RPUD Concept Plan
Review (Staff: Melanie Curtis)
1.Purpose:
The applicant requests non-binding feedback on a Concept Plan for a 2 lot RPUD development.
2.MN§15.99 Application Deadline:
This application is not subject to the 60-Day review timeline.
3.Background:
The applicant proposes to redevelop and subdivide the one-acre property at 245 Ferndale Road
North as a Residential Planned Unit Development (RPUD) into two, 1/2 acre lots with single-
family homes. The property is situated between two subdivisions: Northgate Two, created in 1979
on the south and west (zoned PRD), and Hill O’ Way Manor (“Chevy Chase” neighborhood)
created in 1955 on the north (zoned R-1A). The property is guided for Urban Low Density
Residential (3-8 units per acre). For a complete analysis please review the Planning Report
attached as Exhibit A.
4.Staff Recommendation:
The project results in a proposed density below the guidance for the property. As proposed, the
project would require a comp plan amendment to reduce the density of the one-acre property. Staff
finds this change would be inconsistent with the city’s goals. The property could be redeveloped
under the existing conditions as a single lot with one home.
5.Planning Commission Action Requested:
The Planning Commission should review the project and provide non-binding feedback to the
applicant regarding their next steps.
AGENDA ITEM
Exhibits
Exhibit A - Planning Report LA25-000019
Exhibit B - Application
Exhibit C - Narrative
Exhibit D - Site Plan
Exhibit E - Northgate Two
Exhibit F - Hill O' Way Manor
Exhibit G - Photos
Exhibit H - RPUD Analysis
Exhibit I - City Code References
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To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Melanie Curtis, Planner mcc
Date: 19 May 2025
Subject: LA25-000019, Darryn Beckstrom, 245 Ferndale Rd N,
RPUD Concept Plan Review
BACKGROUND
The subject property is a 0.99-acre property within the R-1A, Single-Family Residential (1.0 acre minimum)
zoning district. The lot size reflects the removal of the 33-foot portion of the lot within the road right-of-
way. The property is guided within the 2020-2024 Comprehensive Plan for Urban Low Density Residential
(3 – 8 units per acre). The property contains an existing single-family home, built in approximately 1955.
The property is situated between two subdivisions: Northgate Two, created in 1979 on the south and west
(zoned PRD), and Hill O’ Way Manor (“Chevy Chase” neighborhood) created in 1955 on the north (zoned R-
1A), see Exhibit E and Exhibit F.
REQUEST
The applicant requests feedback on their plan
to redevelop the property as a Residential
Planned Unit Development (RPUD). RPUD
development is a rezoning process created to
accommodate the densities and types of
residential development contemplated in the
Comprehensive Plan. Please refer to their
project narrative attached as Exhibit C. The
narrative also includes a summary of the
surrounding developments.
Their proposal (right) reflects the creation of
two ± ½ acre lots, each containing a single-
family home. They propose to repurpose the
curb cuts for the existing “horseshoe”
driveway to serve each lot. This differs from
Northgate Two in that there is no
preservation of open and/or recreational
space, or other building restrictions proposed
to limit massing, etc.
The proposal roughly reflects a density of 2
units per acre, which is lower than the
planned density guidance in the 2040
Comprehensive Plan (3 to 8 units/acre).
The terms Planned Unit Developments (PUDs), Planned Residential Developments (PRDs), and Residential
Planned Unit Developments (RPUDs) are often used interchangeably. PUDs offer flexibility from zoning
Application Summary: The applicant proposes to rezone the subject property from R-1A (1.0
acre minimum) to Residential Planned Unit Development (RPUD) to allow a 2 lot development;
the first step in the RPUD process is the review of a Concept Plan.
Staff Recommendation: Planning Department Staff requests non-binding feedback on the
proposed RPUD development.
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FILE # LA25-000019
May 19, 2025
Page 2 of 4
standards to achieve consistent site design, while PRDs and RPUDs are specific types of PUDs, typically
focused on specific residential uses.
Planned Unit Development (PUD): A PUD is a type of development where regulations are relaxed
to allow for flexible site and building design, potentially including mixed residential and non-
residential uses, different housing types, and densities. Utilization of the PUD zoning district
within Orono is limited to the Highway 12 Corridor and the Navarre Area.
Planned Residential Development (PRD): A PRD is a specific type of PUD that, through a CUP
process, is limited to residential uses which emphasize flexibility in design and layout. The purpose
of a PRD is to enhance the appearance of neighborhoods through preservation of natural open
spaces, to counteract the effects of urban congestion and monotony, to provide cohesive structure
to neighborhood design, to offer recreation opportunities close to home, and to aid in improving
the welfare in general of city residents.
A proposal for PRD is not required to adhere to minimum lot size requirements to be eligible,
provided that the total number of building lots or dwelling units shall not exceed the number of
units allowed under the minimum lot size requirements of the zoning district in which such land is
situated and should contain an open space preservation component. For the subject property,
located within the R-1A district (1 unit/acre), a PRD is allowed by CUP but is limited to detached
single-family dwellings, and only where the total number of building lots or dwelling units does
not exceed the number of lots permitted under the minimum lot size requirements of the zoning
district.
Residential Planned Unit Development (RPUD):
Similar to PRDs, RPUDs are also residential-focused PUDs, but specifically encourage innovative and
creative designs for mixed residential uses. The purpose of RPUDs within Orono is to accommodate
the densities and types of residential development contemplated in the Comprehensive Plan by
incorporating the principles of the PUD concept. City Code Section 78-621 outlines the RPUD
process to create a development which will encourage some or all of the following:
1. Flexibility in land development and redevelopment in order to utilize new techniques of
building design, construction and land development;
2. Provision of housing to meet lifecycle, and affordable and moderate cost housing needs;
3. Energy conservation through the use of more efficient building designs and sitings and the
clustering of buildings and land uses;
4. Preservation of desirable site characteristics and open space and protection of sensitive
environmental features, including steep slopes, poor soils and trees;
5. High quality of design and design compatible with surrounding land uses, including both
existing and planned;
6. Sensitive development in transitional areas located between different land uses and along
significant corridors within the city; and
7. Development which is consistent with the comprehensive plan.
The total number of units for RPUD must fall within the density guidelines for the property
identified in the 2040 Comp Plan, and shall not exceed the number of units permissible under
the minimum lot size requirements of the zoning district in which the land is situated.
To summarize, PRDs and RPUDs are subtypes of PUDs, with PRDs being a general term for residential PUDs
and RPUDs potentially emphasizing innovative designs or mixed residential uses within a residential PUDs.
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FILE # LA25-000019
May 19, 2025
Page 3 of 4
APPLICABILITY
Each site proposed for rezoning to RPUD must be at least five acres (excluding wetlands, floodplain, right-
of-way, or shoreland district) or it must meet one of the criteria listed in Section 78-626. The subject
property is only 1.0 acre in area and may be eligible for RPUD development through the exception which
states a property not meeting the minimum 5.0-acre requirement may be eligible if it is directly adjacent to
or across a public street from property which has been developed previously as a RPUD or planned
residential development as long as it will be perceived as and will function as an extension of the adjacent
RPUD.
REGULATIONS + ANALYSIS
RPUD Development Standards (City Code Section 78-626)
An analysis of the proposal against the RPUD requirements is attached as Exhibit H. The Planning
Commission and City Council are asked to provide general comments and feedback on the project, and
specifically provide direction or guidance relating to the issues highlighted below.
Site size. The property is not large enough to stand alone as an RPUD (requiring 5 acres), but the
Commission could view it as a continuation of the existing surrounding developments, specifically
Northgate Two. However, the applicant is proposing to divide the 0.99-acre property into two ½ acre lots
to contain single-family detached homes which is a different layout then the Northgate Two development.
Northgate Two is a PRD which provides a large, common open space and zero -lot line building pad lots. Hill
O’ Way Manor (R-1A) consists of single-family lots ranging from approximately 0.4 to 0.9 acres in area. The
proposed project would not be viewed as a continuation of either Northgate Two or Hill O’ Way Manor.
Density. Developments within an RPUD district shall have a density within the range specified in the
comprehensive plan for the specific site. The proposal reflects 2 units per acre, which is lower than the
guided density within the 2040 Comprehensive Plan for 3 to 8 units per acre, and would not meet the
RPUD criteria. In order to approve a development less dense than the Comprehensive Plan guidance (3-8
u/a) would require a Comprehensive Plan Amendment and would also impact the City’s overall Density
requirements. Doing so may require the City to identify new areas for additional density in another area
of the City.
Private recreation Area. Each RPUD development shall provide a minimum of 10% of the gross project area
in private recreational uses for project residents. Such area shall be for active or passive recreational uses
suited to the needs of the residents of the project, including swimming pools, trails, nature areas, picnic
areas, tot lots, and saunas. The proposal does not include common space areas and would not meet the
RPUD criteria for establishment of a private recreation area.
The remaining RPUD criteria require a more developed application. At the Concept Plan review level, the
Planning Commission should focus on the identified issues for discussion and provide the applicant with
direction regarding their next steps.
PUBLIC COMMENTS
This is a non-binding review process, not a formal application. No notice to the public has been published
as such, no public comments have been received. A public hearing notice will be published when/if a formal
subdivision application is submitted.
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FILE # LA25-000019
May 19, 2025
Page 4 of 4
ISSUES FOR CONSIDERATION
1. Although they both reflect principles of an RPUD, neither Northgate Two nor Hill O’ Way
Manor was created as an RPUD. Does the Commission find that the property’s proximity and
proposed design meet the exception criteria for RPUD applicability?
2. Does the Commission find it appropriate to amend the density guidance for this 1.0-acre
property?
3. The RPUD process is available to meet certain city goals for density, housing diversity, energy
conservation, preservation of natural features, etc.. Does the applicant’s plan, including the
proposed density, meet those goals?
4. Are there any other issues or concerns with this application?
PLANNING STAFF COMMENTS
The proposed density is below the guidance for the property. A comprehensive plan amendment to reduce
the density of a one-acre property would be inconsistent with the city’s goals. The property can be
redeveloped under the existing conditions as a single lot with one home, or consider a third lot (3
units/acre) following the layout of Northgate Two.
RECOMMENDATION
Planning Commission should address the issues for discussion and provide direction and guidance to the
applicant on the proposed Concept Plan.
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Land Use Application Summary
Application Date:04/23/2025
Address:245 Ferndale RD North
Orono, MN 55391
Parcel Number:3611823410004
Land Use Number:LA25-000019
Application Submitted By:Agent on behalf of property owner
Owner:Name: DARRELL C/KENWYN K BECKSTROM
Address: 245 FERNDALE RD N WAYZATA MN 55391
Applicant:Name: Darryn Beckstrom
Company:
Address: 610 Brockton Lane N.
Plymouth, MN 55447
dbeckstrom@gmail.com
Contact Information:Associated Contact: DARRELL C/KENWYN K BECKSTROM
Associated Contact:
Associated Contact:
Associated Contact:
Project Description:Sketch Plan for Redevelopment of 245 Ferndale Road North (2-Lots)
Land Use Application Type:Amendmend Application
Appeal of Admin Decision
Concept Application
Conditional Use Permit
Site Plan Application
Subdivision Application
Subdivision Exception
Vacation Application
Variance Application
Applicant Signature:
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1
To: City of Orono
From: Darryn Beckstrom (on behalf of property owner, Kenwyn Beckstrom)
Date: April 23, 2025
Subject: Narrative for Sketch Plan for Redevelopment of 245 Ferndale Road North
We are requesting feedback on a sketch plan for redevelopment of an approximately one-acre
parcel of property located at 245 Ferndale Road North (the “Property”). We are proposing a
rezoning of the Property from R-1A Single Family Residential District, requiring a minimum
residential lot size of one acre, to a two-lot Residential Planned Unit Development (“RPUD”).
The existing home on the Property would be torn down and two new single-family homes would
be constructed on the separate lots.
A. General Site Characteristics and Surrounding Development
1. The Zoning District and the Property
The Property is located within the R-1A Single Family Residential District. The R-1A
Single Family Residential District is a very small zoning district within the City of Orono,
located on the most eastern border of the City. This district borders the City of Plymouth to the
east and the City of Wayzata to the south. The Property is in the Metropolitan Urban Service
Area and is already serviced by municipal sewer and water.
2. The Surrounding Development
The site property is a parcel of land that is surrounded by three subdivisions: (1)
Northgate Two; (2) Hill O’Way Manor; and (3) Ferndale North.
Subdivision Description
Northgate Two
(Orono)
The Property is bordered on the west and south by Northgate Two.
Northgate Two, located in the R-1A Single Family Residential
District, was developed as a Planned Residential Development in 1979
in the City of Orono. Northgate Two created seven building pads
sized to accommodate the single-family homes expected to be built
(ranging between .17 and .19 acres).
Hill O’Way Manor
(Orono)
The Property is bordered on the north by the Hill O'Way Manor
subdivision in the City of Orono. This subdivision is located in the R-
1A Single Family Residential District and was developed prior to the
1975 rezoning. It contains 38 single-family homes. The lot sizes for
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2
these homes vary between .33 acres and .96 acres, with the average lot
size being around .58 acres.1
Ferndale North
(Plymouth)
The Property is bordered on the east by the Ferndale North
subdivision in the City of Plymouth. The Ferndale North subdivision
was developed within a Residential Planned Unit Development in
1978. The subdivision contains 170 single family homes and was
developed with smaller lot setbacks and lot width requirements than
typically found in a more rural area.
B. Conformity with the 2020-2040 Orono Community Management Plan
1. Existing Land Use for the Property
The City of Orono adopted the final 2020-2040 Orono Community Management Plan (the
“Community Management Plan”) on June 10, 2019 in accordance with state law.2 The Existing
Land Use Map set forth in the Community Management Plan places the Property in the Land
Use Class of Urban Low Density Residential (0.5-2 units/acre).
2. Future Land Use for the Property and Consistency with Community Management Plan
The City has made clear that the Proposed Future Land Use Map “will form the basis for
land use and zoning decisions over the next 20 years”.3 The Proposed Future Land Use Map set
forth in the Community Management Plan places the Property in the Land Use Class of Urban
Low Density Residential (3-8 units/acre). The City of Orono, in its Community Management
Plan, has placed the Property in the same proposed land use category as Glendale Cove (an
RPUD), Oliver Hill (an RPUD), Orono Preserve (an RPUD), Stonegate (an RPUD), and Summit
Station (a PRD), among other developments.
1 The average lot size is larger because significant portions of each of the largest lots consist of
unbuildable wetlands, leading to a relatively small buildable area for each lot.
2 Under state law, cities within the seven-county metropolitan area must enact a comprehensive
plan to guide future land development. See Minn. Stat. §§ 473.851-.871 (2024). Cities are required
to submit these plans to the Metropolitan Council for review to determine compatibility and
conformity with the Council’s land use plans for the area. City of Lake Elmo v. Met. Council, 685
N.W.2d 1 (Minn. 2004).
3 2020-2040 Orono Community Management Plan, Part 3B, Page 14.
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3
The proposed development of the Property at a density of two units per acre is lower than
the density envisioned by the Community Management Plan. The Community Management
Plan guides the Property at a higher density of 3 to 8 units per acre.
The development proposal meets a number of goals for housing established within the
Community Management Plan, including:
• Continuing to maintain the historic identity and character of the separate urban and
rural neighborhoods by maintaining a density similar to that already established
within the area for decades;
• Protecting neighborhoods from encroachments of incompatible land uses;
• Coordinating Orono’s current and future land uses with that of neighboring
communities, including the City of Plymouth (Ferndale North neighborhood to the
east) and the City of Wayzata (Ridgeview Heights neighborhood to the southeast);
• Extending the character of the Northgate neighborhood to the south and east and the
Hill O’Way neighborhood to the north; and
• Providing a housing type and residential density consistent with environmental and
land use plans and with the availability of public services and facilities, particularly
since the Property is already serviced by municipal sewer and water.
C. An RPUD for the Property Effectuates the Goals of the Community Management Plan
1. The Purpose of an RPUD
The purpose of the RPUD district is to implement the goals of the Community Management
Plan.4 The RPUD district “is established to accommodate the densities and types of residential
development contemplated in the [Community Management Plan] by incorporating the
principles of the planned unit development concept”.5
The Proposed Future Land Use Map set forth in the Community Management Plan places the
Property in the Land Use Class of Urban Low Density Residential (3-8 units/acre). An RPUD
would be able to effectuate this land use goal of the Community Management Plan by providing
higher density for the property than its current density.
4 City of Orono Code, Sec. 78-621 (2025).
5 Id.
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2. The Property is Eligible to be Rezoned to an RPUD
The site proposed for rezoning to an RPUD does not have the minimum area of five acres
required by Sec. 78-626 of the City Code to be developed as an RPUD. But the Council can
make a finding that an RPUD is permissible under an exception to the five-acre minimum
because:
(b) the property is directly adjacent to or across a public street from property which
has been developed previously as a RPUD or planned residential development and
will be perceived as and will function as an extension of that previously approved
development.
The Property is directly adjacent to Northgate, which was developed as a planned
residential development, on the west and the south and across a public street (Ferndale Road
North) on the east from the Ferndale North neighborhood, which was developed as an RPUD.
Given the character of the proposed development, it can easily “be perceived as” and can
“function as an extension of” these two previously approved developments.
The City Council made a similar finding to allow the property that was redeveloped for
the Oliver Hill development to be rezoned as an RPUD. The Oliver Hill development, a
subdivision of 8 lots, did not have the minimum five acres required by Sec. 78-626 to be rezoned
as an RPUD. But the City Council made a finding that because the property was directly
adjacent to the Glendale Cove RPUD, Oliver Hill could be developed as an RPUD because it
satisfied the exception contemplated by Sec. 78-626(1)(b) to the five-acre minimum requirement.
To this day, Glendale Cove and Oliver Hill, which were developed by different developers,
remain entirely separate RPUDs with separate RPUD development contracts.
3. The Proposed Development’s Conformity to the RPUD Requirements
The proposed development would be able to conform to almost all of the development
standards set forth in Sec. 78-626 of the City Code, as reflected below in the following chart:
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Development Standards in the RPUD
RPUD
Standard
Proposed
Standard
Section 78-
626(3) Sewer availability
Site must be in
Metropolitan
Urban Service
Area
Meet
Section 78-
626(4) Density
Urban Low
Density
Residential (3-8
units/acre)
2 units/acre6
Section 78-
626(6) Maximum floor area ratio 0.5 Meet
Section 78-
626(8)
Development standards for single family
structures
(a) Permitted Location -- Meet
(b) Minimum SFR lot size 15,000 s.f. Meet
(c) Minimum lot width at setback line 90' Meet
(d) Minimum lot depth 125' Meet
(e) Minimum front yard setback to interior streets
within RPUD N/A N/A
(e) Minimum front yard setback to collector street
(Ferndale Road N.) 50' Meet
(f) Minimum side yard setback along interior lot
lines within RPUD 10' Meet
(f) Minimum front yard setback along the exterior
of the RPUD 15' Meet
(g) Minimum rear yard
Lesser of 40' or
20% of lot
depth
Meet
(h) Maximum building height 30' Meet
(i) Dwelling unit depth of 20' for at least 50% of
width -- Meet
(i) Dwelling unit width of 20' for at least 50% of
depth -- Meet
(j) Foundation Permanent Meet
(k) Accessory structures (setbacks) N/A N/A
6 Section 78-626(4) of the Code provides that “[e]ach development in the RPUD district shall have
a density within the range specified in the comprehensive plan for the specific site”. We are
seeking a density that is lower than what is guided in the Community Management Plan.
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6
Development Standards in the RPUD
RPUD
Standard
Proposed
Standard
(l) Accessory structures (coverage) N/A N/A
(m) Off-street parking At least 2
vehicles Meet
(m) Suitable location for a garage 20' x 24' Meet
Section 78-
626(11) Private recreation area 10% of gross
project area
Need
flexibility7
Section 78-
626(12) Ownership
Property
subject to legal
restrictions or
covenants as
may be
necessary to
ensure
compliance
with the
approved
master
development
plan and final
site and
building plan.
Meet
Section 78-
626(13) Signage requirements City approval Meet8
Section 78-
626(14) Landscaping plan required -- Meet9
7 Given that this proposed development is only 2 units, the applicant is requesting that flexibility
be given by waiving the private recreation area requirement. There is precedent in the City for not
requiring that 10% of the gross project area be dedicated to private recreational uses for project
residents. Recent examples include the Oliver Hill RPUD and the Orono Preserve RPUD.
8 No signage is proposed for the development.
9 Upon formal submission of an RPUD application, there would be a landscape plan that conforms
to the requirements of Section 78-626(14). At this time, there are not any concerns that the RPUD
would not be able to conform to the requirements of this section. A reasonable attempt will be
made to preserve as many existing trees as practicable and to incorporate them into the site plan.
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7
Development Standards in the RPUD
RPUD
Standard
Proposed
Standard
Section 78-
626(15) Architectural standards -- Meet10
Section 78-
626(21) Trail access Meet11
10 While the Code is clear that architectural plans do not need to be prepared by an architect for
single-family detached dwellings, we understand that the City has an interest in promoting high
standards of architectural design and compatibility with surrounding structures and neighborhoods
as well. The applicant shares the same interest and intends for the RPUD to be developed with
higher end homes with quality building materials and discerning architecture—both in home
design and landscaping. The remaining requirements of Section 78-626(15), including the need
for underground utilities, can be met.
11 The proposed RPUD is within 1,000 feet of a public trail system (the Luce Line Trail). A public
right-of-way is available to access this trail. This public right-of-way is a sidewalk on Ferndale
Road N. on the Plymouth/Wayzata side of Ferndale that continues from the current site to the Luce
Line Trail.
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RESOLUTION NO. 1086
A RESOLUTION APPROVING. THE
PLAT OF NORTHGATE TWO
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
subdivision regulations for the orderly, economic and safe development
of land within the City; and
WHEREAS, the City Council has considered the application for
a subdivision plat by The Northgate Partnersliip, the subdivider; .and
WHEREAS, the subdivider has completed all requirements of
the platting regulations of the City, including:
l. Dedication on the plat of rights of way for public
streets and roads, shown as "Ferndale Road. °
2. Dedication on the plat of Drainage and Utility Easements.
3. Creation of a new private road shown on the plat as
Outlot D, to be known henceforth as "Northgate Road. "
4. Declaration of Covenants, Conditions and Restrictions
to be binding on all the parties having any right,
title or interest in Northgate Two or any part thereof,
which Declaration includes:
a) Creation of a Homeowner' s Association for
effecting control, maintenance, protection
and preservation of the private road and all
other common spaces including the areas shown -
on the Plat as Outlots A, B, C and D.
x.4.
b) Creation of Private Road Mainteriance Covenants
to assure continued maintenance of the private
road to the same quality and standards as
applicable to City maintained roads.
c) Granting of a Utility Easement to the City
over, under and across all of Outlots C and D.
d) Granting to the City a perpetual Open Space
Easement across Outlot C as a condition of
approval for the clustering of individual
home sites under provisions of the City' s
Planned Residential Development Ordinances.
5. Execution of a Developer' s Agreement providing for
installation of road, sewer and water improvements as
a condition of subdivision approval, including payment
of all fees required therein.
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Resolution No. 1086
Page 2
P he it f additional sewe lift station6 . ayment to t C y o r
unit assessments consistent with the increased density
on the property beyond that originally assessed by levy
5086 , as follows: 4 additional units x $192. 60 lift
station assessment = $770 . 40 .
7 . Payment to the City of a Park Dedication Fee in the
amount of $2640. 00 for 6 new units on the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Orono hereby approves the plat of Northgate Two,
Hennepin County, Minnesota; subject to the following conditions:
l. Single family residential structures may be erected
anywhere within Blocks 1-7 inclusive with no side-yard
setbacks required from those Block boundaries.
2. No structure shall be erected in Outlot C in violation
of the Open Space Easement referenced above.
3 . All outstanding sewer and water assessment shall be
evenly divided among Blocks 1-7 inclusive.
4 . The City shall assume ownership and maintenance of
water and sewer laterals up to individual residence
stubbs upon satisfactory completion and formal acceptance
of these improvements.
5 . The Home Owner ' s Association shall retain ownership
and maintenance of the Private Road.
6 . The aforesaid plat shall be filed with the Hennepin
County Recorder' s Office on or before April 30 , 1980
together with a certified original copy of this Resolution
and an executed copy of The Declaration of Covenants,
Conditions and Restrictions as noted above.
The approval granted by this Resolution shall expire if the plat has
not been filed by the date specified above. In that event, it will
be necessary to file a new application with the City of Orono for
subdivision review.
Dated this 30 day of October, 1979 .
r ;.,.,.
William B. Van Nest, Mayor
ATTEST:
C
Wa ter R. enson, C er nistrator 44
v
t
a
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
T'he undersigned duly qualified and acting City
Clerk/Administrator of the City of Orono hereby certifies
that attached hereto is a true and correct copy of the
original Resolution passed by the City' Council of the City
of Orono on October 30 - 1979, approving the plat
of Northqate Two
on file in the office of the City Clerk/Administrator, City
of Orono.
i
Walter R. Benson, Clerk/Administrator ,
Dated this -'•30 day of October 19 79.
Seal) t
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RPUD Code Analysis: #LA25-000019
Code
Section Sec. 78-626 RPUD Standard/Requirement Comment Conforming?
Yes/No
1 Minimum area: 5 acres or certain exceptions…
The property is 0.99 acres in area. However, Section 78-626(1)(b) may apply. The Council may find that the project conforms to
the exception under B, which reads: The property is directly adjacent to or across a public street from property which has been
developed previously as an RPUD or planned residential development and will be perceived as and will function as an extension
of that previously approved development.
Discuss
2 Uses. Single-family residential uses are conforming. Yes
3 Sewer availability Yes. Yes
4 Density. Each development in the RPUD district shall have a density within the range
specified in the comprehensive plan for the specific site.
The project is below the density guidance of the Comprehensive Plan. The 2040 CMP guides the property for Urban Low Density
Residential (3-8 units/acre).
No
5 Incentives. The city may utilize incentives to encourage the construction of projects which
are consistent with the city's housing goals. None requested.
6 Floor Area Ratio for low to medium density = 0.5 (FAR = total building floor area / total lot
area) No house plans have been provided. However, the FAR limitation is achievable.
Each RPUD site developed for single-family detached dwellings at medium density (i.e., densities ranging from 1 to 6 units/acre) shall be subject to the following standards (Section 78-626(8)):
8a Permitted Locations
The code contemplates single-family detached dwellings to be clustered to preserve significant natural features. The applicant
proposes two individual ½ acre, single-family detached homes. The project does not involve clustering or creation of a common
open space outlot.
No
8b Minimum SFR lot size: 15,000 square feet. The proposed lots will each be approximately 22,000 square feet. Yes
8c Minimum lot width at the setback line: 90 feet. The applicant’s proposal shows 100-feet of lot width for each lot at the building setback line. Yes
8d Minimum lot depth: 125 feet. The applicant’s proposal shows each lot has approximately 200 feet of depth. Yes
8e Minimum front yard setback: 25 feet on internal streets within the RPUD site.
The applicant’s proposal shows the homes set back approximately 50 feet from the Ferndale Road in the front. Yes
8f Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the
exterior of the RPUD site. The applicant’s proposal reflects 20-foot internal side setbacks, and 30-foot side setbacks on the external side. Yes
8g Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is
less. The applicant’s proposal shows the homes are approximately 90 feet from rear (west) lot line. Yes
8h Building height: maximum of 30 feet. No house plans have been provided. However, the 30-foot height limitation is achievable. Yes
8i
All dwelling units… shall have a depth of at least 20 feet for at least 50 percent of their
width. All dwelling units… shall have a width of at least 20 feet for at least 50 percent of
their depth.
No house plans have been provided. However, the dimensional requirements are achievable. Yes
8j All dwellings shall have a permanent foundation in conformance with the state building
code. No house plans have been provided. However, the homes shall conform to the requirements for a permanent foundation. Yes
8k & 8l Relates to Accessory buildings None are proposed. Yes
8m Off-street parking shall be provided for at least two vehicles for each single-family
dwelling. The plans show this can be accomplished. Yes
11
Private recreational area. Each RPUD development shall provide a minimum of 10% of
the gross project area in private recreational uses for project residents. Private
recreational area requirements are in addition to the standard park dedication
requirements.
The plans reflect individual, single-family lots and no common space for recreational purposes. No
52
Title VI - LAND USE
Chapter 78 - ZONING REGULATIONS
ARTICLE IV. - DISTRICT REGULATIONS
DIVISION 2. R-1A ONE-FAMILY RESIDENTIAL DISTRICT
Orono, Minnesota, Code of Ordinances Created: 2025-02-26 08:25:06 [EST]
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Page 1 of 33
DIVISION 2. R-1A ONE-FAMILY RESIDENTIAL DISTRICT
Sec. 78-226. Purpose.
The R-1A one-family residential district is intended to provide a district which will allow a combination of
low-density residential development and limited agricultural activity. Planned residential developments may be
allowed by conditional use permit. The district shall have immediate access to highways and public sanitary sewer.
(Code 1984, § 10.20(1))
Sec. 78-227. Permitted uses.
Within any R-1A one-family residential district, no structure or land shall be used except for one or more of
the following uses:
(1) City-owned public service structures that have been approved by the city council after the required
public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use.
b. The architectural design of the structure is found to be compatible with the surrounding area.
c. [Reserved.]
(2) Reserved.
(3) Municipal buildings.
(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
(Code 1984, § 10.20(2); Ord. No. 44 3rd series, § 1, 2-25-2008; Ord. No. 82 3rd series, § 2, 12-13-2010; Ord. No. 90
3rd series, § 2, 12-12-2011; Ord. No. 210 3rd series, § 4, 6-25-2018; Ord. No. 233 3rd series, § 1, 10-14-2019; Ord.
No. 279 3rd series, § 2, 11-14-2022)
State law reference(s)—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
Sec. 78-228. Conditional uses.
Within any R-1A one-family residential district, no structure or land shall be used for the following uses
except by conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
a. All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use; and
b. All accessory buildings and structures more than six feet in height are located at least 50 feet
from any adjacent property zoned for residential use.
(2) Reserved.
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(3) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50
feet from any adjacent property zoned for residential use.
(4) Planned residential development, limited to detached single-family dwellings only and subject to the
limitations of division 10 of this article.
(5) Public service structures, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use;
and
b. The architectural design of the structure is compatible with the architectural design of the
surrounding area.
(6) [Reserved.]
(7) Schools, daycare centers, uses accessory to a high school.
a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum
similar to a pre-kindergarten, primary or secondary school. Schools may include before and after
school care for students.
b. Daycare centers, nursery schools and similar programs that are not associated with a public or
private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory and is owned by
the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property zoned for residential
use.
(8) Two-family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
(9) Columbaria, provided that all portions of columbaria located at or below ground shall be located at
least five feet from any adjacent lot line and at least 50 feet from principal structures located on any
adjacent property, whether such property is zoned for residential or non-residential use. All portions of
columbaria located above ground shall meet the following standards:
a. Located at least ten feet from property boundaries.
b. Located at least 50 feet from principal structures located on any adjacent property, whether such
property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved, traveled roadway.
d Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by appropriate means.
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(Code 1984, § 10.20(3); Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§ 3, 4, 6-7-1997; Ord.
No. 178 2nd series, § 1, 12-8-1997; Ord. No. 179 2nd series, § 2, 10-12-1998; Ord. No. 28 3rd series, § 3, 8-22-2005;
Ord. No. 44 3rd series, § 1, 2-25-2008; Ord. No. 45 3rd series, § 1, 2-25-2008; Ord. No. 79 3rd series, § 2, 11-8-
2010; Ord. No. 82 3rd series, § 3, 12-13-2010; Ord. No. 224 3rd series, § 1, 6-10-2019; Ord. No. 257 3rd series, § 3,
5-10-2021; Ord. No. 279 3rd series, § 3, 11-14-2022)
Editor's note(s)—Ord. No. 79 3rd series, § 2, adopted Nov. 8, 2010, set out provisions intended for use as
subsection 78-228(18). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at the
editor's discretion, these provisions have been included as subsection 78-228(9).
Sec. 78-229. Accessory uses.
Within any R-1A one-family residential district, the only permitted accessory uses and structures are the
following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed
time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(6) Fencing subject to the provisions of section 78-1405(7).
(7) Signs, as regulated in this chapter.
(8) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(9) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape
features, and lawn sprinkler systems.
(10) Compost structures and firewood piles, subject to the accessory structure location requirements of this
chapter.
(11) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of
section 78-1376, and the licensing provisions of [section] 26-76, when applicable.
(12) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from
the public right-of-way.
(13) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the
provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures
equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing
houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as
accessory buildings and subject to accessory building regulations.
(14) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days
and occurring no more than two times within one calendar year per property; and sales of personal or
recreational vehicles and equipment, limited to no more than two items per calendar year, and such
items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or
required front yard except a designated, improved driveway.
(15) Laundry drying equipment.
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(16) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(17) Accessory dwelling unit.
(Code 1984, § 10.20(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3, 9-23-2002; Ord. No. 82
3rd series, § 4, 12-13-2010; Ord. No. 96 3rd series, § 3(3.01, 3.02), 11-13-2012; Ord. No. 106 3rd series, § 3, 6-10-
2013; Ord. No. 222 3rd series, § 2, 12-10-2018; Ord. No. 279 3rd series, § 4, 11-14-2022)
Sec. 78-230. R-1A 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
(feet)
Interior
Side
(feet)
Side Street
(feet)
Rear
(feet)
OHWL
(feet)
Wetland
(feet)
Principal Building 35 10 35 30 na 25 or
MCWD
buffer
Accessory Building (AB)
<1,000 sf
35 10 35 10 na 25 or
MCWD
buffer
Oversize Accessory
Building (OAB)
>1,000 sf
35 10 35 30 na 25 or
MCWD
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 buildings less than 1,000 square feet, shall be the lesser 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.
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(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; Ord. No. 299 3rd series, § 2, 3-11-2024)
Secs. 78-231—78-250. Reserved.
DIVISION 10. PRD PLANNED RESIDENTIAL DISTRICT
Sec. 78-601. Purpose.
This plan is available to land subdividers subject to council approval, as alternative to standard minimum lot
size subdivision of land. The purpose of this plan is to enhance the appearance of neighborhoods through
preservation of natural open spaces, to counteract the effects of urban congestion and monotony, to provide
cohesive structure to neighborhood design, to offer recreation opportunities close to home, and to aid in
improving the welfare in general of city residents.
(Code 1984, § 10.32(1))
Sec. 78-602. Submission of plans.
Landowners may submit land subdivision plans for any R district without adherence to minimum lot size
requirements for each building lot, provided that the total number of building lots or dwelling units shall not
exceed the number of such lots or units permissible under the minimum lot size requirements of the zoning district
or districts in which such land is situated.
(Code 1984, § 10.32(2))
Sec. 78-603. Council discretion.
Dwelling units permitted may be, at the discretion of the council and subject to the conditions set forth by
the council, in detached, attached or multiple-family dwelling structures, subject to the limitations provided for in
each zoning district.
(Code 1984, § 10.32(3))
Sec. 78-604. Open space.
The dedication, ownership, use and maintenance of open spaces created by the application of a planned
residential development shall be subject to conditions deemed necessary by the council to assure the preservation
of such open spaces for their intended purposes.
(Code 1984, § 10.32(4))
Sec. 78-605. Dedication of open space.
The dedication and ownership of the open spaces referred to in section 78-604 may be through:
(1) Homeowners' association;
(2) Landlord maintenance;
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(3) Special service district;
(4) Municipal ownership; or
(5) Any other method deemed appropriate by the council to accomplish the purposes of this plan.
(Code 1984, § 10.32(5))
Sec. 78-606. Site plan.
The proposed site plan, including location, spacing and basic design of proposed buildings, street and parking
plans, water and sewer (public or private) plans, and plans of open space available for park or recreational
purposes shall be submitted for approval by the planning commission and the council.
(Code 1984, § 10.32(6))
Sec. 78-607. Hearings.
The council may direct that a public hearing be held to review plans governed by this division.
(Code 1984, § 10.32(7))
Sec. 78-608. Final approval.
Final approval of plans governed by this division shall not be granted until all conditions set by the council are
met, and, further, the council shall not approve any such planned residential development prior to the legally
binding establishment of the open space dedication, ownership and maintenance provisions, such provisions to be
guaranteed by bonding or other means satisfactory to the council.
(Code 1984, § 10.32(8))
Sec. 78-609. Subdivision requirements.
All provisions of subdivision procedure established by chapter 82, except as modified in this division, shall
govern applications under this plan.
(Code 1984, § 10.32(9))
Secs. 78-610—78-620. Reserved.
DIVISION 11. RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT1
Sec. 78-621. Purpose.
The purpose of the residential planned unit development (RPUD) district is to provide a district which will
allow for the implementation of certain residential housing goals established in the 2000—2020 Orono Community
1Cross reference(s)—Planned unit development, § 78-1001 et seq.
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Management Plan ("CMP" or "comprehensive plan"). The RPUD district is established to accommodate the
densities and types of residential development contemplated in the CMP by incorporating the principles of the
planned unit development concept. The RPUD district will encourage the following:
(1) Flexibility in land development and redevelopment in order to utilize new techniques of building
design, construction and land development;
(2) Provision of housing to meet lifecycle, and affordable and moderate cost housing needs;
(3) Energy conservation through the use of more efficient building designs and sitings and the clustering of
buildings and land uses;
(4) Preservation of desirable site characteristics and open space and protection of sensitive environmental
features, including steep slopes, poor soils and trees;
(5) High quality of design and design compatible with surrounding land uses, including both existing and
planned;
(6) Sensitive development in transitional areas located between different land uses and along significant
corridors within the city; and
(7) Development which is consistent with the comprehensive plan.
(Ord. No. 202 2nd series, § 1(1), 2-26-2001)
Sec. 78-622. Exceptions.
This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by
the city council prior to the effective date of the ordinance from which this division is derived, unless such
application is requested by the property owner and approved by the city council.
(Ord. No. 202 2nd series, § 1(9), 2-26-2001)
Sec. 78-623. Permitted uses.
Within the RPUD district, no structure or land shall be used except for one or more of the following uses:
(1) One-family detached dwellings.
(2) Publicly owned parks and playgrounds.
(3) Municipal buildings.
(4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban
area in the comprehensive plan.
(Code 1984, § 10.20(2); Ord. No. 202 2nd series § 1(2), 2-26-2001)
State law reference(s)—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
Sec. 78-624. Conditional uses.
Within the RPUD district, no land or structure shall be used for the following uses except by conditional use
permit:
(1) Public service structures. Public service structures, including but not limited to electric transmission
lines, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells,
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and plumbing stations, elevated tanks, lift stations and electrical power substations, provided no
building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to
granting such permit it shall be found that the architectural design of service structures is compatible
to the neighborhood in which it is to be located and thus will promote the general welfare. Public
service structures that have been approved by the city at required public hearings for public
improvement projects shall not require a conditional use permit, but such structures shall be subject to
all other appropriate standards set forth in this section; amendments to approved plans involving
design and/or placement of these structures will require written notice by the city to all affected
property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless
services and commercial broadcasting antennas and towers shall not be considered public service
structures. Uses allowed by conditional use permit shall be reviewed for compliance with the PUD
master development plan and with the applicable conditional use permit standards of this division.
Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant
to this division.
(2) Assisted living facilities. Assisted living facilities as defined in this chapter, subject to the general
conditions and multifamily-specific conditions applicable to uses in the RPUD district.
(Ord. No. 202 2nd series, § 1(3), 2-26-2001; Ord. No. 75 3rd series, § 1, 7-12-2010)
Sec. 78-625. Accessory uses.
Within any RPUD district, the only permitted accessory uses and structures are the following:
(1) Private garages and parking space.
(2) Private swimming pools, tennis courts, and paddocks.
(3) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of
section 78-1376, and the licensing provisions of section 26-76, when applicable.
(4) Signs, as regulated in this chapter.
(5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed
time necessary for such constructing.
(6) Gardening and other horticultural uses, including aviaries and decorative landscape features.
(7) Communication reception/transmission devices as follows:
a. Accessory antennas, which shall be limited to radio and television receiving antennas, satellite
dishes, TVROs, and amateur shortwave radio transmitting and receiving antennas. Accessory
antennas that are accessory to the principal use of property are permitted accessory uses in all
zoning districts, provided they meet the following conditions:
1. Height. A ground-mounted accessory antenna shall not exceed 20 feet in height from
ground level.
2. Yards. Accessory antennas shall not be located within the required front yard setback,
corner side yard setback or side yard setback abutting a street.
3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any
allowable placement area, the accessory antenna may be placed on the roof of any
authorized structure on the premises.
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4. Location. Accessory antennas shall not be located within a required yard or setback area or
within drainage or utility easements. Antenna towers shall be set back from adjacent
property lines a horizontal distance no less than the maximum height of the antenna.
5. Building permits. A building permit shall be required for the installation of any accessory
antenna requiring a conditional use permit. Building permit applications shall be
accompanied by a site plan and structural component data for the accessory antenna,
including details of anchoring. The building official must approve the plans before
installation.
6. Lightning protection. Each accessory antenna shall be grounded to protect against natural
lightning strikes in conformance with the National Electrical Code as adopted by the city.
7. Electrical code. Accessory antenna electrical equipment and connections shall be designed
and installed in conformance with the National Electrical Code as adopted by the city.
8. Color/content. Accessory antennas shall be of a neutral color and shall not be used as
signage.
b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory
antennas may be allowed with a conditional use permit in all zoning districts, provided they meet
the following conditions:
1. Height. When an amateur shortwave radio antenna is mounted on an antenna tower, the
total height of the antenna and tower shall not exceed 65 feet.
2. Yards. Amateur shortwave radio antennas and towers shall not be located within a front
corner side or side yard.
3. Setbacks. Amateur shortwave radio antennas and towers shall not be located within any
required setback area and shall be located no less than the height of the antenna and town
from the property line.
(8) Privately owned buildings to be used for recreational or social purposes, or for use as storage areas for
maintenance equipment or rubbish.
(9) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(Code 1984, § 10.20(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 202 2nd series, § 1 (4), 2-26-2001; Ord. No.
221 2nd series, § 3, 9-23-2002; Ord. No. 106 3rd series, § 12, 6-10-2013)
Sec. 78-626. Development standards.
Within the RPUD district all development shall be in compliance with the following:
(1) Minimum area; shoreland district limitation. Each site proposed for rezoning to RPUD shall have a
minimum area of five acres, excluding areas within a designated wetland, floodplain or shoreland
district or right-of-way, unless the council finds the existence of one of the following:
a. Unusual physical features of the property itself or of the surrounding neighborhood such that
development as a RPUD will conserve a physical or topographic feature of importance to the
neighborhood or community.
b. The property is directly adjacent to or across a public street from property which has been
developed previously as a RPUD or planned residential development and will be perceived as and
will function as an extension of that previously approved development.
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c. The property is located in an area where the proposed development provides a transition
between a commercial or industrial area and an existing residential area or on an intermediate or
principal arterial as defined in the comprehensive plan.
d. The property contains steep slopes or a substantial number of significant trees that could be
preserved through the clustering of buildings or other design techniques not generally allowed by
the existing zoning district.
No property located within 250 feet of the ordinary high water level (OHWL) of a protected lake or
tributary as defined in article IX of this chapter shall be rezoned to RPUD. However, for a property that
is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the
OHWL, the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the
discretion of the city council when all other requirements are met.
(2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is
designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site
designated for commercial use if the city council finds that such use is in the best interests of the city
and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD,
the city may forward a copy of the request to the metropolitan council for review.
(3) Sewer availability. A site proposed to be rezoned to RPUD with proposed density greater than one unit
per two acres must be in the metropolitan urban services area (MUSA) and must be serviced by
municipal sewer.
(4) Density. Each development in the RPUD district shall have a density within the range specified in the
comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for
residential use, the appropriate density shall be determined by the city based upon the city council's
finding that such density is consistent with the intent of this division and of the comprehensive plan.
Developments with proposed densities in excess of the densities contemplated in the comprehensive
plan shall be allowed only on properties which are currently zoned and guided for commercial use, in
order to maintain the character and integrity of the areas zoned and guided for residential use.
(5) Incentives. The city may utilize incentives to encourage the construction of projects which are
consistent with the city's housing goals. Incentives may include modification of density (only for
properties currently zoned and guided for commercial use) and floor area ratio requirements for
developments providing lifecycle housing and affordable and moderate cost housing. Incentives for
affordable and moderate cost housing may be approved by the city only after the developer and city
have entered into an agreement to ensure that the low and moderate cost units remain available to
persons of low and moderate income for at least 20 years.
(6) Floor area ratio. Floor area ratios (FARs) shall be limited per the following table:
Comprehensive Plan Designation Maximum Floor Area Ratio*
Low or medium density residential (up to 50 and including 6.0
units per acre)
0.5
High density residential (in excess of 6.0 units per acre) 1.0
*FAR = Total Building Floor Area/Total Lot Area
Individual lots within a development in the RPUD district may exceed these standards as long as the
average meets these standards.
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(7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD
and developed for attached or multiple-family dwelling uses shall be subject to the following
standards:
a. Setbacks and separation of uses. Within the RPUD district the setback for all attached and
multifamily dwelling buildings and their accessory buildings from any bordering or abutting street
line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets,
as designated in the comprehensive plan, except that in no case shall the setback be less than the
height of the building. The setback for all buildings from exterior RPUD site lot lines not abutting
a public street shall be 35 feet, except that in no case shall the setback be less than the height of
the building. Building setbacks from internal public streets shall be determined by the city based
on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least
20 feet from all exterior lot lines of a RPUD site. The setback for parking structures, including
decks and ramps, shall be 35 feet from local streets and 50 feet from all other street
classifications, except that in no case shall the setback be less than the height of the structure.
Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure,
whichever is greater, when adjacent to residential properties; 35 feet, when adjacent to
nonresidential properties. Parking structure setbacks from internal public or private streets shall
be determined by the city based on characteristics of the specific RPUD site. Where industrial
uses abut developed or platted single-family lots outside the RPUD site, greater exterior building
and parking setbacks may be required in order to provide effective screening. The city council
shall make a determination regarding the adequacy of screening proposed by the applicant.
Screening may include the use of natural topography or earth berming, existing and proposed
plantings and other features, such as roadways and wetlands, which provide separation of uses.
Property rezoned to RPUD shall be considered a residential district for purposes of determining
building and parking setback requirements on adjacent high density residential, commercial and
industrial property outside the RPUD.
b. Height limitations. For properties guided for residential use in the comprehensive plan, a building
height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive
plan for commercial use, height may exceed 30 feet but shall not exceed three stories (not
including underground parking level) and shall maintain a residential character by incorporating
pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be
allowed.
c. Outside storage limitations. Building materials, recreational vehicles, boats, RV's, snowmobiles,
and other items of personal property shall not be stored outside within any site used for attached
or multifamily uses.
(8) Development standards for single-family detached dwellings in the RPUD district. Each RPUD site
developed for single-family detached dwellings at medium density (i.e., densities ranging from one unit
per acre to six units per acre) shall be subject to the following standards:
a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will
allow for clustering to preserve significant natural features, or in areas where a mixture of higher
density attached dwellings and lower density detached single-family dwellings will result in a
development that does not exceed the overall guided density.
b. Minimum SFR lot size: 15,000 square feet.
c. Minimum lot width at the setback line: 90 feet.
d. Minimum lot depth: 125 feet.
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e. Minimum front yard setback: 25 feet on internal streets within the RPUD site. On exterior or
through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on
collector or arterial streets, as defined in the comprehensive plan.
f. Minimum side yard setback: ten feet along interior lot lines; 15 feet on lot lines along the exterior
of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as
noted in subsection (8)e of this section. Structures in side yards abutting another residential
zoning district shall meet the side yard setback requirement of the adjacent zoning district.
g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot, whichever is less.
h. Building height: maximum of 30 feet.
i. All dwelling units, including manufactured homes, shall have a depth of at least 20 feet for at
least 50 percent of their width. All dwelling units, including manufactured homes, shall have a
width of at least 20 feet for at least 50 percent of their depth.
j. All dwellings shall have a permanent foundation in conformance with the state building code.
k. Accessory structures shall conform to the setbacks established for principal structures, except as
follows:
1. All accessory structures located more than ten feet from a principal structure may be
located a minimum of ten feet from a rear or side lot line when that line does not abut a
street right-of-way.
2. No accessory structure shall be located closer to the front lot line than the principal
structure, regardless of the principal structure setback.
l. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is
located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height.
m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling. A
suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be
provided and indicated as such on a site plan or certified site plan to be submitted when applying
for a building permit to construct a new dwelling or alter an existing garage.
(9) More than one building allowed. More than one building may be placed on one platted or recorded lot
in a RPUD site.
(10) Single housing type permitted. Any RPUD development which involves a single housing type shall be
permitted, provided that it is otherwise consistent with the objectives of this division and the
comprehensive plan.
(11) Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross
project area in private recreational uses for project residents. Such area shall be for active or passive
recreational uses suited to the needs of the residents of the project, including swimming pools, trails,
nature areas, picnic areas, tot lots and saunas. Private recreational area requirements are in addition to
the standard park dedication requirements.
(12) Ownership. All property to be included within a RPUD development shall be under unified ownership or
control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance
with the approved master development plan and final site and building plan.
(13) Signage. Signs shall be restricted to those which are permitted in a sign plan approved by the city and
shall be regulated by permanent covenants.
(14) Landscaping, screening and buffering.
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a. Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or
other qualified person acceptable to the city, drawn to the scale of not less than one inch equals
50 feet and shall show the following:
1. Boundary lines of the property with accurate dimensions;
2. Locations of existing and proposed buildings, parking lots, roads, trails and other
improvements;
3. Proposed grading plan with two-foot contour intervals;
4. Location, approximate size and common name of existing trees and shrubs;
5. A planting schedule containing symbols, quantities, common and botanical names, size of
plant materials, root condition and special planting instructions;
6. Planting details illustrating proposed locations of all new plant material;
7. Locations and details of other landscape features, including berms, fences and planter
boxes;
8. Details of restoration of disturbed areas, including areas to be sodded and seeded;
9. Location and details of irrigation systems; and
10. Details and cross sections of all required screening.
b. Minimum landscaping requirements.
1. All open areas of a lot which are not used or improved for required parking areas, drives,
trails or storage shall be landscaped with a combination of deciduous and coniferous
species, including overstory trees, understory trees, shrubs, flowers and groundcover
materials. The plan for landscaping shall include ground cover, bushes, shrubbery, trees,
sculpture, foundations, decorative walks or other similar site design features or materials in
a quantity having a minimum value in conformance with the following table:
Minimum Tree and Shrub Requirements
Vegetation Type Size Quantity
Overstory deciduous
trees
2.5-inch bb (Caliper) One tree per 1,000 gross square feet of building
footprint area or one tree per 40 lineal feet of site
perimeter, whichever is greater.
Coniferous trees 6-foot height bb Minimum of 30 percent of required overstory trees
must be coniferous
Understory shrubs 3-gal. potted or 18-inch One shrub per 300 gross square feet of building
footprint area or one shrub per 30 lineal feet of site
perimeter, whichever is greater.
Ornamental deciduous
trees
1.5-inch bb (Caliper) Not required; but two ornamental deciduous trees
may be substituted for one required overstory
deciduous tree (maximum substitution equals 25
percent of required overstory deciduous trees)
Credits for existing trees: The city council shall have sole discretion whether credit shall be granted for existing
healthy trees
In instances where healthy plant materials of acceptable species exist on a site prior to its
development, the application of the standards in subsection (14)b of this section may be
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adjusted by the city to allow credit for such material, provided that such adjustment is
consistent with the intent of this division.
2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and
to incorporate them into the site plan.
3. All new overstory trees shall be balled and burlapped or moved from the growing site by
tree spade. Deciduous trees shall have a minimum caliper of 2½ inches. Coniferous trees
shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of
1½ inches.
4. All site areas not covered by buildings, sidewalks, parking lots, driveways, trails, patios, or
similar hardcover shall be covered with sod or an equivalent ground cover approved by the
city. This requirement shall not apply to site areas retained in a natural state.
5. In order to provide for adequate maintenance of landscaped areas, an underground
sprinkler system shall be provided as part of each new development, except one- and two-
family dwellings and additions to existing structures which do not at least equal the floor
area of the existing structure. A sprinkler system shall be provided for all landscaped areas,
except areas to be preserved in a natural state.
6. Not more than 50 percent of the required number of trees shall be composed of one
species. The city shall maintain a list of prohibited species, which shall not be used for
landscaping.
c. Interior parking lot landscaping.
1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved,
landscaped islands in number and dimension as required by the city. All landscape islands
shall contain a minimum of 180 square feet. Islands which are necessary to promote the
safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be
required by the city when warranted.
2. Parking lot landscape areas, including landscape islands, shall be reasonably distributed
throughout the parking lot area so as to break up expanses of paved areas. Parking lot
landscape areas shall be provided with deciduous shade trees, ornamental or evergreen
trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the
planning commission. Parking lot landscape trees shall be provided at the rate of one tree
for each 15 surface parking spaces provided, or major fraction thereof. Parking lot
landscaping shall be contained in planting beds bordered by a raised concrete curb or
equivalent approved by the planning commission.
d. Maintenance of landscaping. The owner, tenant and their respective agents shall be jointly and
severally responsible for the maintenance of all landscaping in a condition presenting a healthy,
neat and orderly appearance and free from refuse and debris. Plants and ground cover which are
required by an approved site or landscape plan, and which have died, shall be replaced within
three months of notification by the city. However, the time for compliance may be extended up
to nine months by the city in order to allow for seasonal or weather conditions.
e. Retaining walls. Retaining walls exceeding four feet in height, and staged walls which
cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in
accordance with plans prepared by a registered engineer or landscape architect.
f. Landscaping performance security required. When screening, landscaping or other similar
improvements to property are required by this division, a letter of credit shall be supplied by the
owner in an amount equal to at least 1½ times the value of such screening, landscaping or other
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improvements. The letter of credit shall be conditioned upon reimbursement of all expenses
incurred by the city for engineering, legal, contracting or other fees in connection with making or
completing such improvements. The letter of credit shall be provided prior to the issuance of any
building permit and shall be valid for a period of time equal to two full growing seasons after the
date of installation of the landscaping. The city may accept some other form of security in lieu of
a letter of credit in an amount and under such conditions that the city may determine to be
appropriate. If construction of the project is not completed within the time prescribed by
building permits and other approvals, the city may, at its option, complete the work required at
the expense of the owner and the surety. The city may allow an extended period of time for
completion of all landscaping, if the delay is due to conditions which are reasonably beyond the
control of the developer. Extensions, which may not exceed nine months, may be granted due to
seasonal or weather conditions. When an extension is granted, the city shall require such
additional security as it deems appropriate.
g. Screening and buffering.
1. The following uses shall be screened or buffered in accordance with the requirements of
this section:
i. Principal buildings and structures and any building or structure accessory
thereto used for residential uses at a density of greater than four units per acre
shall be buffered from residential lots located in any R district.
ii. Off-street parking facilities containing six or more spaces shall be buffered from
streets located within 50 feet. Parking facilities shall be buffered with landscape
zones.
iii. Loading docks shall be screened from all lot lines and public roads.
iv. Trash storage facilities shall be screened from all lot lines and public roads.
v. Access roads serving multifamily buildings shall be screened as necessary to
eliminate the impact of vehicle headlights shining toward adjacent residential
neighborhoods.
2. Required screening or buffering may be achieved with fences, walls, earth berms, hedges,
or other landscape materials. All walls and fences shall be architecturally harmonious with
the principal building. Earth berms shall not exceed a slope of 3:1. The screen shall be
designed to employ materials which provide an effective visual barrier during all seasons.
3. All required screening or buffering shall be located on the lot occupied by the use, building,
facility or structure to be screened. No screening or buffering shall be located on any public
right-of-way or within eight feet of the traveled portion of any street or highway.
4. Screening or buffering required by subsection (14) of this section shall be of a height
needed to accomplish the goals of subsection (14) of this section. Screening methods
incorporating roofs over storage, trash or mechanical facilities to screen from higher
adjacent properties or buildings may be required. Height of plantings required under
subsection (14) of this section shall be measured at the time of installation.
(15) Architectural standards.
a. It is not the intent of the city to restrict design freedom unduly when reviewing project
architecture in connection with a site and building plan. However, it is in the best interest of the
city to promote high standards of architectural design and compatibility with surrounding
structures and neighborhoods. Architectural plans shall be prepared by an architect or other
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qualified persons acceptable to the city and shall show the following for all structures other than
single-family detached dwellings:
1. Elevations of all sides of the building.
2. Type and color of exterior building materials.
3. A typical floor plan.
4. Dimensions of all structures.
5. The location of trash and recycling containers and of heating, ventilation and air
conditioning equipment.
b. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be
permitted as exterior materials for residential principal and accessory buildings. This restriction
shall apply to all principal structures and to all accessory buildings. The city may, at its discretion,
allow architecturally enhanced block or concrete panels.
c. Accessory buildings shall be architecturally compatible with principal structures.
d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage
areas shall be fully enclosed or screened so as to be not visible with materials compatible with
the principal structure.
e. Underground utilities shall be provided for all new and substantially renovated structures (the
term "substantially renovated" shall mean when the renovations exceed 30 percent of the
prerenovation value of the structure).
(16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities,
public facilities and subdivisions may be subject to modification from the city ordinances ordinarily
governing them. The city council may therefore approve streets, utilities, public facilities and land
subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds
that strict adherence to such standards or requirements is not required to meet the intent of this
section or to protect the health, safety or welfare of the residents of the RPUD, the surrounding area or
the city as a whole.
(17) Traffic studies. The city may require a traffic analysis to be prepared by a registered traffic engineer
approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of
roadways and intersections are anticipated, the project will be approved only contingent upon a traffic
management plan that adequately mitigates those impacts. The plan may include travel demand
management strategies, use of transit facilities or other appropriate measures to reduce traffic
generation, and necessary improvements to road systems. The developer shall have the responsibility
to install all necessary road system improvements.
(18) Building permits. No building or other permit shall be issued for any work on property included within a
proposed or approved RPUD development, nor shall any work occur unless such work is in compliance
with the proposed or approved RPUD development.
(19) General regulations applicability. The requirements contained in this division pertaining to general
regulations for residential districts and performance standards shall apply to a RPUD development as
deemed appropriate by the city.
(20) Lighting standards. All RPUD developments shall be subject to the general performance standards for
lighting in this chapter.
(21) Trails. When any portion of the project is within 1,000 feet of a public trail system, pedestrian access
shall be provided to the trail system by means of a public trail constructed at the developer's expense.
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Where public rights-of-way are available, at the city's discretion the trail may utilize the public right-of-
way. Trails shall be of bituminous construction, or such other material as may be approved by the city
and shall be not less than eight feet in width.
(Ord. No. 202 2nd series, § 1(5), 2-26-2001; Ord. No. 94 3rd series, § 2, 9-24-2012; Ord. No. 189 3rd series, § 6, 4-
10-2017)
Sec. 78-627. Review of application; procedures.
(a) Concept plan review. In order to receive guidance in the design of a RPUD prior to submission of a formal
application, an applicant may submit a concept plan for review and comment by the planning commission
and city council. Submission of a concept plan is optional but is highly recommended for large RPUDs. In
order for the review to be of most help to the applicant, the concept plan should contain such specific
information as is suggested by the city. Generally, this information should include the following:
(1) Approximate building, road and trail locations;
(2) Height, bulk and square footage of buildings;
(3) Type and square footage of specific land uses;
(4) Number of dwelling units;
(5) Generalized grading plan showing areas to be cut, filled and preserved; and
(6) Staging and timing of the development.
The comments of the planning commission and city council shall address the consistency of the concept plan with
this section. The comments of the planning commission and city council shall be for guidance only and, if positive,
shall not be considered binding upon the planning commission or city council regarding approval of the formal
RPUD application when submitted.
(b) Master development plan and rezoning. Approval of a rezoning to RPUD and approval of a master
development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment.
The master development plan shall contain the following:
(1) Building location, height, bulk and square footage;
(2) Type and square footage of specific land uses;
(3) Number of dwelling units;
(4) Detailed street and utility locations and sizes;
(5) Parking layout;
(6) Drainage plan, including location and size of pipes and water storage areas;
(7) Grading plan and drainage plan, including two-foot contours;
(8) Generalized landscape plan;
(9) Generalized plan for uniform signs and lighting;
(10) Plan for timing and phasing of the development;
(11) Covenants or other restrictions proposed for the regulation of the development;
(12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the
development;
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(13) Trail plan; and
(14) Lighting plan.
Approval of the master development plan shall indicate approval of the listed items in subsections (b)(1)—(b)(14)
of this section and shall occur in conjunction with rezoning of the property to RPUD. After rezoning the property to
RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this
section. The procedure for notification of and public hearing on the master development plan shall be the same as
required for a zoning map amendment by this chapter.
(c) Development agreement/financial guarantee. Following the approval of the master development plan but
prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of
the RPUD development, and shall also provide such financial guarantees as the city requires or deems
necessary. Such agreement may take the form of:
(1) A development contract;
(2) A site improvement performance agreement; and/or
(3) Another form of binding instrument as may be required by the city.
(d) Final site and building plan. Approval of a final site and building plan for the entire RPUD or for specific parts
of the RPUD shall be subject to the procedures outlined in this division. The final site and building plan shall
contain information as required by the city, including the following:
(1) Detailed utility, street, grading and drainage plans;
(2) Detailed building elevations and floor plans;
(3) Detailed landscaping, sign and lighting plans; and
(4) Detailed trail plan.
(e) Substantial compliance. The final site and building plan shall be in substantial compliance with the approved
master development plan. Substantial compliance shall mean:
(1) Buildings, parking areas, roads and trails are in substantially the same location as previously approved;
(2) The number of residential living units has not increased or decreased from that approved in the master
development plan;
(3) The gross floor area of any individual building has not been increased from that approved in the master
development plan;
(4) There has been no increase in the number of stories in any building;
(5) Open space has not been decreased or altered to change its original design or intended use; and
(6) All special conditions required on the master development plan by the city have been incorporated
into the final site and building plan.
Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a
building permit, subject to conformance with any conditions on the approval and subject to other necessary
approvals by the city.
(f) Simultaneous review. Applicants may combine the final site and building plan review with the master
development plan review by submitting all information required for both stages simultaneously.
(g) Basis for approval; conditions. In evaluating a site and building plan, the planning commission and city council
shall base their recommendations and actions regarding approval of a RPUD on a consideration of the
following:
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(1) Compatibility of the proposed plan with this section and consistency with the goals, policies, and
objectives of the comprehensive plan and surface water management plan;
(2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil
removal and designing grade changes to be in keeping with the general character and appearance of
neighboring properties;
(3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent
to it, incorporating natural site features and with existing and future buildings having a visual
relationship to the development, giving special attention to:
a. An internal sense of order for the buildings and uses on the site and provision of a desirable
environment for occupants, visitors and the general community.
b. The amount and location of open space and landscaping.
c. Materials, textures, colors and details of construction as an expression of the design concept and
the compatibility of the same with the adjacent and neighboring structures and uses; and
vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of
location and number access points to the public streets, width of interior drives and access
points, general interior circulation, separation of pedestrian and vehicular traffic and
arrangement and amount of parking.
(4) Promotion of energy conservation through design, location, orientation and elevation of structures, the
use and location of glass in structures and the use of landscape materials and site grading;
(5) Protection of adjacent and neighboring properties through reasonable provisions for surface water
drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not
adequately covered by other regulations which may have substantial effects on neighboring land uses;
and
(6) Such other factors as the planning commission or city council deem relevant.
The planning commission and city council may attach such conditions to their actions as they shall determine
necessary or convenient to better accomplish the purposes of this section.
(Ord. No. 202 2nd series, § 1(6), 2-26-2001)
Sec. 78-628. Term of approval.
(a) If application has not been made for a final site and building plan approval pursuant to the approved master
development plan for all or a part of the property within a RPUD by December 31 of the year following the
date on which the RPUD zoning map amendment became effective or, if within that period no extension of
time has been granted, the city council may rezone the property to the original zoning classification at the
time of the RPUD application or to a zoning classification consistent with the comprehensive plan
designation for the property. In the absence of a rezoning, the approved master development plan shall
remain the legal control governing development of the property included within the RPUD.
(b) If construction on the property included within an approved final site and building plan has not started by
December 31 of the year following the date on which such final site and building plan was approved or, if
building construction in a phase of a RPUD approved to be built in phases has not started within this period,
or, if within that period no extension of the time has been granted, the city council may rezone the property
to the original zoning classification at the time of the RPUD application or to a zoning classification consistent
with the comprehensive plan designation for the property. In the absence of rezoning, the approved master
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development plan and final site and building plan shall remain the legal control governing development of
the property included within the RPUD.
(Ord. No. 202 2nd series, § 1(7), 2-26-2001)
Sec. 78-629. Amendments.
Major amendments to an approved master development plan may be approved by the city council after
review by the planning commission. The notification and public hearing procedure for such amendment shall be
the same as for approval of the original RPUD. A major amendment is any amendment which:
(1) Substantially alters the location of buildings, parking areas or roads;
(2) Increases or decreases the number of residential dwelling units;
(3) Increases the gross floor area of any individual building;
(4) Increases the number of stories of any building;
(5) Decreases the amount of open space or alters it in such a way as to change its original design or
intended use; or
(6) Creates noncompliance with any special condition attached to the approval of the master development
plan.
Any other amendment may be made through review and approval by a simple majority vote of the council.
(Ord. No. 202 2nd series, § 1(8), 2-26-2001)
Secs. 78-630—78-640. Reserved.
ARTICLE VI. PLANNED UNIT DEVELOPMENT (PUD)2
Sec. 78-1001. Authorization.
Planned unit development authorization may allow:
(1) Variety. Within a comprehensive site design concept a mixture of land uses, housing types and
densities.
(2) Sensitivity. Through the departure from the strict application of required setbacks, yard areas, lot sizes,
minimum house sizes, minimum requirements, and other performance standards associated with
conventional zoning, which can maximize the development potential of land while remaining sensitive
to its unique and valuable natural characteristics.
(3) Efficiency. The consolidation of areas for recreation and reductions in street lengths and other utility
related expenses.
(4) Density transfer. The project density may be clustered, basing density on number of units per acre
versus specific lot dimensions.
2Cross reference(s)—RPUD residential planned unit development district, § 78-621 et seq.; Highway 12 Corridor
study area, § 78-1041 et seq.
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(5) District integration. The combination of uses which are allowed in separate zoning districts, such as:
a. Mixed residential allows both densities and unit types to be varied within the project.
b. Mixed residential with increased density acknowledging the greater sensitivity of PUD projects;
regulation provides increased density on the property if a PUD is utilized.
c. Mixed land uses with the integration of compatible land uses within the project.
(6) Applicability. Utilization of this zoning district is limited to the Highway 12 Corridor as set forth in the
city's comprehensive plan amendment #2, adopted May 23, 1988; and to the Navarre Area as set forth
in the City of Orono Community Management Plan adopted September 13, 2010.
(Code 1984, § 10.53(1); Ord. No. 132 3rd series, § 1, 1-26-2015)
Sec. 78-1002. Allowed uses.
Uses within the PUD may include only those uses designated on the official comprehensive land use plan.
Specific allowed uses and performance standards for each PUD shall be delineated in an ordinance and
development plan. The PUD development plan shall identify all the proposed land uses, and those uses shall
become permitted uses with the acceptance of the development plan. Any change in list of uses presented in the
development plan will be considered an amendment to the PUD and will follow the procedures specified in section
78-1005.
(Code 1984, § 10.53(2))
Sec. 78-1003. Required standards.
(a) For the purpose of administering this article, the city shall apply the standards contained in the conventional
zoning district that is most similar to the proposed development. In the event of mixed-use developments,
the zoning administrator shall determine the appropriate underlying zoning standards, subject to the
approval of the city council.
(b) The city shall consider the proposed PUD from the point of view of all standards and purposes of the
comprehensive land use plan to achieve a maximum coordination between the proposed development and
the surrounding uses, the conservation of woodlands and wetlands, the protection of health, safety and
welfare of the community and residents of the PUD. To these ends, the city council shall consider:
(1) The location of the buildings, compatibility, parking areas and other features with respect to the
topography of the area and existing natural features such as streams and large trees;
(2) The efficiency, adequacy and safety of the proposed layout of internal streets and driveways;
(3) The adequacy and location of green areas;
(4) The adequacy, location and screening of parking areas; and
(5) Such other matters as the council may find to have a material bearing upon the stated standards and
objectives of the comprehensive land use plan.
(Code 1984, § 10.53(3))
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Sec. 78-1004. Coordination with subdivision regulations.
Subdivision review under chapter 82 shall be carried out simultaneously with the review of the PUD. The
plans required under this article shall be submitted in a form which will satisfy the requirements of chapter 82 for
the preliminary and final plat.
(Code 1984, § 10.53(4))
Sec. 78-1005. Revisions and/or changes.
(a) Minor changes in the location, placement and height of structures may be authorized by the development
review committee if required by engineering or other circumstances not foreseen at the time the final plan
was approved and filed with the zoning administrator.
(b) Significant changes in the location, size or height of structures, any rearrangement of lots, blocks and
building tracts, changes in the provision of common open spaces, and all other changes to the approved final
development plan may be made only after a public hearing conducted by the council. Any changes shall be
recorded as amendments to the recorded copy of the final development plan.
(c) All of the provisions of this chapter applicable to the original district within which the planned unit
development district is established shall apply to the PUD district except as otherwise provided in approval of
the final plan.
(d) If substantial development has not occurred within a reasonable time after approval of the PUD zoning
district as set forth in the developer's agreement, the city council may instruct the planning commission to
initiate rezoning to the original zoning district. It shall not be necessary for the city council to find that the
rezoning was in error.
(Code 1984, § 10.53(5))
Sec. 78-1006. Phasing and guarantee of performance.
(a) The planning commission shall compare the actual development accomplished in the various PUD zones with
the approved development schedule.
(b) Upon recommendation of the planning commission and for good cause shown by the property owner, the
council may extend the limits of the development schedule.
(c) The construction and provision of all of the common open space and public and recreational facilities which
are shown on the final development plan must proceed at the same rate as the construction of dwelling
units, if any. The development review committee shall review all of the building permits issued for the PUD
and examine the construction which has taken place on the site. If they find that the rate of construction of
dwelling units is greater than the rate at which common open spaces and public and recreational facilities
have been constructed and provided, they shall forward this information to the council for action.
(d) A letter of credit shall be required to guarantee performance by the developer. The amount of this letter of
credit, and the specific elements of the development program that it is intended to guarantee, will be
stipulated in the development agreement.
(Code 1984, § 10.53(6))
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Sec. 78-1007. Control of planned unit development following completion.
(a) After the certificate of occupancy has been issued, the use of the land and the construction, modification or
alteration of any buildings or structures within the planned development shall be governed by the final
development plan.
(b) After the certificate of occupancy has been issued, no changes shall be made in the approved final
development plan except upon application as provided below:
(1) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized
by the development review committee if they are consistent with the purposes and intent of the final
plan. No change authorized by this section may increase the cube of any building or structure by more
than ten percent.
(2) Any building or structure that is totally or substantially destroyed may be reconstructed only in
compliance with the final development plan unless an amendment to the final development plan is
approved under section 78-1005.
(3) Any other changes in the final development plan must be authorized by an amendment of the final
development plan under section 78-1005.
(Code 1984, § 10.53(7))
Sec. 78-1008. Procedure for processing a planned unit development.
(a) Application conference. Upon filing of an application for PUD, the applicant of the proposed PUD shall
arrange for and attend a conference with the zoning administrator. The primary purpose of the conference
shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the
general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of
this chapter before incurring substantial expense in the preparation of plans, surveys and other data.
(b) Purpose. The general concept plan provides an opportunity for the applicant to submit a plan to the city
showing his basic intent and the general nature of the entire development without incurring substantial cost.
The plan shall include the following:
(1) Overall maximum PUD density range.
(2) General location of major streets and pedestrian ways.
(3) General location and extent of public and common open space.
(4) General location of residential and nonresidential land uses with approximate type and intensities of
development.
(5) Staging and time schedule of development.
(6) Other special criteria for development.
(c) Schedule.
(1) The developer meets with the zoning administrator to discuss the proposed developments.
(2) The applicant shall file the concept stage application and preliminary plat, together with all supporting
data.
(3) Within 30 days after verification by the zoning administrator that the required plan and supporting
data is adequate, the planning commission shall hold a public hearing.
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(4) The planning commission shall conduct the hearing and report its findings and make recommendations
to the city council.
(5) The city may request additional information from the applicant concerning operational factors or retain
expert testimony at the expense of the applicant concerning operational factors.
(6) The council may hold a public hearing after the receipt of the report and recommendations from the
planning commission. If the planning commission fails to make a report within 60 days after receipt of
the application, the city council may proceed without the report. The council may approve the concept
plan and attach such conditions as it deems reasonable. Approval shall require a four-fifths vote of the
entire council.
(d) Development stage. Following general concept approval, if given, the applicant shall submit the development
stage application and final plat. The application shall proceed and be acted upon in accordance with section
78-1005 for zoning district changes. If appropriate because of the limited scale of the proposal, the concept
stage and development stages may proceed simultaneously.
(e) Applications: general concept stage. Ten copies of the following exhibits, analysis and plans shall be
submitted to the city.
(1) Plat. Preliminary plat and information required by chapter 82.
(2) General information.
a. The landowner's name and address and his interest in the subject property.
b. The applicant's name and address if different from the landowner.
c. The names and addresses of all professional consultants who have contributed to the
development of the PUD plan being submitted, including attorney, land planner, engineer and
surveyor.
d. Evidence that the applicant has sufficient control over the subject property to effectuate the
proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests
held in or affecting the subject property and including an up-to-date certified abstract of title or
registered property report, and such other evidence as the city attorney may require to show the
status of title or control of the subject property.
(3) Present status.
a. The address and legal description of the property.
b. The existing zoning classification and present use of the subject property and all lands within
1,000 feet of the property.
c. A map depicting the existing development of the property and all land within 1,000 feet of the
property and indicating the location of existing streets, property lines, easements, water mains
and storm and sanitary sewers, with invert elevations on and within 100 feet of the property.
d. A written statement generally describing the proposed PUD and the market which it is intended
to serve and its demand showing its relationship to the city's comprehensive plan and how the
proposed PUD is to be designed, arranged and operated in order to permit the development and
use of neighboring property in accordance with the applicable regulations of the city.
e. Graphic reproductions of the existing site conditions at scale of one inch equals 100 feet.
1. Contours; minimum two-foot intervals.
2. Location, type and extent of tree cover.
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3. Slope analysis.
4. Location and extent of water bodies, wetlands and streams and floodplains within 300 feet
of the property.
5. Significant rock outcroppings.
6. Existing drainage patterns.
7. Vistas and significant views.
8. Soil conditions as they affect development.
All of the graphics should be the same scale as the final plan to allow easy cross reference. The
use of overlays is recommended for clear reference.
f. Schematic drawing of the proposed development concept, including but not limited to the
general location of major circulation elements, public and common open space, residential and
other land uses.
g. A statement of the estimated total number of dwelling units proposed for the PUD and a
tabulation of the proposed approximate allocations of land use expressed in acres and as a
percent of the total project area, which shall include at least the following:
1. Area developed to residential uses.
2. Area developed to residential use by building type.
3. Area devoted to common open space.
4. Area devoted to public open space.
5. Approximate area devoted to streets.
6. Approximate area devoted to, and number of, off-street parking and loading spaces and
related access.
7. Approximate area and floor area devoted to commercial uses.
8. Approximate area and floor area devoted to industrial or office use.
h. When the PUD is to be constructed in stages during a period of time extending beyond a single
construction season, a schedule for the development of such stages or units shall be submitted
stating the approximate beginning and completion date for each such stage or unit and the
proportion of the total PUD public or common open space and dwelling units to be provided or
constructed during each such state and overall chronology of development to be followed from
stage to stage.
i. When the proposed PUD includes provisions for public or common open space or service
facilities, a statement describing the provision that is to be made for the care and maintenance of
such open space or service facilities.
j. Any restrictive covenants that are to be recorded with respect to property included in the
proposed PUD.
k. Schematic utilities plans indicating placement of water, sanitary and storm sewers.
l. The city may excuse an applicant from submitting any specific item of information or document
required in this stage which it finds to be unnecessary to the consideration of the specific
proposal.
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m. The city may require the submission of any additional information or documentation which it
may find necessary or appropriate to full consideration of the proposed PUD.
(f) Applications: development stage. Development stage submissions should depict and outline the proposed
implementations of the general concept stage for the PUD. Information from the general concept stage may
be included for background and to provide a basis for the submitted plan. The development stage
submissions shall include but not be limited to:
(1) A final plat and information required by chapter 82.
(2) Ten sets of preliminary plans drawn to a scale of not less than one inch equals 100 feet (or scale
requested by the administrator) containing at least the following information:
a. Proposed name of the development (which shall not duplicate nor be similar in pronunciation to
the name of any plat theretofore recorded in the county where the subject property is situated).
b. Property boundary lines and dimensions of the property and any significant topographical or
physical features of the property.
c. The location, size, use and arrangement, including height in stories and feet and total square feet
of ground area coverage and floor area of proposed buildings, and existing buildings which will
remain, if any.
d. Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and
access aisles, and all other circulation elements, including bike and pedestrian; and the total site
coverage of all circulation elements.
e. Location, designation and total area of all common open space.
f. Location, designation and total area proposed to be conveyed or dedicated for public open
space, including parks, playgrounds, school sites and recreational facilities.
g. Proposed lots and blocks, if any, and numbering system.
h. The location, use and size of structures and other land uses on adjacent properties.
i. Detailed sketches and provisions of proposed landscaping.
j. General grading and drainage plans for the developed PUD.
k. Any other information that may have been required by the planning commission or the council in
conjunction with the approval of the general concept plan.
(3) An accurate legal description of the entire area within the PUD for which final development plan
approval is sought.
(4) A tabulation indicating the number of residential dwelling units and expected population.
(5) A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by
type of activity (e.g. drugstore, dry cleaning, supermarket).
(6) Preliminary architectural typical plans indicating use, floor plan, elevations and exterior wall finishes of
proposed buildings, including mobile homes.
(7) A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all
streets, easements, rights-of-way, utility lines and facilities, lots, block, public and common open space,
general landscaping plan, structures, including mobile homes, and uses.
(8) Preliminary grading and site alteration plan illustrating changes to existing topography and natural site
vegetation. The plan should clearly reflect the site treatment and its conformance with the approved
concept plan.
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(9) A preliminary plat prepared in accordance with chapter 82.
(10) A soil erosion control plan acceptable to watershed districts, department of natural resources, soil
conservation service, or any other agency with review authority clearly illustrating erosion control
measures to be used during construction and as permanent measures.
(Code 1984, § 10.53(8); Ord. No. 210 3rd series, § 15, 6-25-2018)
Sec. 78-1009. Planned unit development No. 2—Dunbar PUD.
(a) Legal description. The PUD is legally described as lots 1 and 2, Block 1, Orono Ambar, Hennepin County,
Minnesota.
(b) [Referenced individually.] Lot 1, Block 2, Orono Ambar when referenced individually shall be hereinafter
referred to as PUD No. 2A. Lot 2, Block 1, Orono Ambar when referenced individually shall be hereinafter
referenced as PUD No. 2B.
(c) Incorporated herein by reference. The Dunbar PUD plans attached as exhibits to the PUD 2A and 2B
agreements, on file in the office of the zoning administrator under File #2640/2641.
(d) Allowable uses. The uses allowed in the PUD are as follows:
(1) Uses allowed in PUD No. 2A are any permitted or accessory uses allowed in the B-6 Highway
Commercial District.
(2) Uses allowed in PUD No. 2B include the following:
a. Senior independent living housing, limited to one building, subject to the performance standards
of the RPUD zoning district and as further limited within city council Resolution No. 4704 and the
PUD 2B agreement on file in the office of the zoning administrator under File #2640/2641.
b. Any accessory use as regulated in the RPUD district, except as further limited within city council
Resolution No. 4704 and the PUD 2B agreement on file in the office of the zoning administrator
under File #2640/2641.
(e) Development standards. Development standards shall be as indicated on the approved PUD general
development plan as documented within city council Resolution No. 4704 and the PUD 2A and PUD 2B
agreements on file in the office of the zoning administrator under File #2640/2641.
(Ord. No. 207 2nd series, § 3(10.53(9)), 10-22-2001)
Sec. 78-1010. Planned unit development No. 4—Dahlstrom Development Corporation PUD.
(a) Legal description. PUD No. 4 is legally described as lots 1 through 46, inclusive, block 1; lots 1 through 10
inclusive, block 2; and outlots A, B, C, D, E, F, G, H, I, J and K, Stonebay, Hennepin County, Minnesota.
(b) Incorporated herein by reference. The Dahlstrom Development LLC PUD plans attached as exhibits to the
PUD No. 4 agreement on file in the office of the planning director under File #02-2789/02-2840.
(c) Allowable uses. The uses allowed in the PUD are as follows:
(1) Outlots A and D, Stonebay, are platted as outlots for future development in accordance with the uses
guided within the 2000—2020 Orono Community Management Plan (CMP), and may not be used until
such time that they have been rezoned via the planned unit development process and platted into
buildable lots.
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(2) Outlots B and C, Stonebay, are platted as outlots for stormwater management and utility purposes, and
trail purposes only.
(3) Lots 1—46 inclusive, block 1; lots 1—10 inclusive; and outlots E, F, G, H, I, J and K, Stonebay, are platted
to be used for multi-family dwelling purposes subject to the provisions and standards of the RPUD
district and as further limited within city council Resolution No. 4915 and the PUD No. 4 agreement on
file in the office of the planning director under File #02-2789/02-2840. Outlots E, F, G and H shall not
be developed for the approved uses until completion of final platting into lots and blocks.
(d) Development standards. Development standards shall be as indicated on the approved PUD general
development plan as documented within city council Resolution No. 4915 and the PUD No. 4 agreement on
file in the office of the planning director under File #02-2789/02-2840.
(Ord. No. 225 2nd series, § 3(10.53(11)), 5-12-2003)
Note(s)—Formerly, § 78-1009.
Secs. 78-1011—78-1040. Reserved.
ARTICLE XII. CONSERVATION DESIGN
DIVISION 1. GENERALLY
Sec. 78-1631. Purpose and intent.
The City of Orono as a result of the Rural Oasis Study conducted in 2005 finds that there is an intrinsic link
between the natural systems and the valued scenic character that exist throughout the community. The
requirements of this conservation design ordinance are meant to preserve and enhance this ecological/aesthetic
character by requiring: (1) protection and enhancement of drainageways and water quality; (2) protection and
enhancement of ecological communities; (3) reinforcement and establishment of ecological connections
throughout the city; (4) augmentation and preservation of viewsheds including corridor enclosure and buffering;
(5) preservation and improvement of views; and (6) preservation or reinterpretation of local landmarks.
(Ord. No. 67 3rd series, § 1, 1-11-2010)
Sec. 78-1632. Applicability.
The Conservation Design Master Planning requirements of this article apply to all proposed residential
subdivisions or multi-unit residential developments greater than five acres in total area or guided for urban density
(greater than one unit per two acres).
(Ord. No. 67 3rd series, § 1, 1-11-2010)
Sec. 78-1633. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Conservation design means a two-phased approach to design and development that maintains or improves
ecological assets, provides infrastructure that works with the land, and incorporates people's instinctive desire to
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experience nature. Some conservation design strategies include: identifying and avoiding sensitive natural
features, planning roads along contours, allowing lots to border natural open space, integrating ecological
stormwater management, using smaller lots, and educating developer and buyers about the ecological values of
the landscape. The first phase entails an inventory and analysis of the potential development site's natural
features, existing land uses, and wetland delineation. The second phase entails analyzing the design implications of
the findings from the initial phase, alternative stormwater design, and a conceptual design for road and lot layouts.
Minnesota Land Cover Classification System (MLCCS) means the Minnesota Land Cover Classification System
(MLCCS) displays data on natural/semi-natural and cultural cover types at the highest level of classification. The
next four levels of classification each reveal further specifications such as plant types, soil hydrology, hardcover
and plant species. Using MLCCS data is the first step in producing a natural resource inventory of a development
site.
Orono Natural Resource Inventory means an element of the Orono Community Management Plan that
displays the ecological connections within and beyond the City of Orono.
Corridor enclosure means the nature, appearance and relative degrees of screening provided by roadside
vegetation. Corridor enclosure types include:
Open enclosure: Long views beyond the right-of-way, no real sense of corridor enclosure.
Edged enclosure: Solid wall of vegetation along roadside, views focused along corridor.
Tunneled enclosure: Vegetation begins to completely enclose roadway, above and sides, creating a "small
scale" roadway experience.
Varied enclosure: Enclosure changes rapidly along corridor, short stretches of open, edged, and tunneled
corridor.
View analysis means the process of determining whether a view is positive or negative.
Positive views: Views of natural areas, water bodies, established parks, wetlands, rural and historic land uses.
Negative views: Views of structures, particularly multi-family residential, institutional, and commercial and
industrial uses. Views of power lines, telephone poles and other utility infrastructure.
Landmark preservation and enhancement means preserving and maintaining distinct cultural features,
landmarks and unique points of local character, both natural and man-made, to maintain a familiar sense of place
in the community.
Ecological Management Categories:
Level 1: Ecological "off-limits" areas, including wetlands and required buffers, historic drainage.
Level 2: Ecological opportunities, including existing degraded drainageways and existing degraded ecosystem
remnants.
Level 3: Ecological possibilities: Areas suitable for stormwater treatment.
Note: These Ecological Management Categories are not intended to directly correlate with MLCCS M-34X
Natural Community Quality Modifiers.
Significant tree stand means a grouping or cluster of coniferous and/or deciduous trees with contiguous
crown cover, occupying 500 or more square feet of property, which are comprised of deciduous trees six inches or
larger in diameter (d.b.h.) or coniferous trees 12 feet or more in height. Additionally, those forest or woodland
remnants identified as high, moderate or good quality in the Orono Natural Resources Inventory shall be
considered as significant tree stands.
(Ord. No. 67 3rd series, § 1, 1-11-2010; Ord. No. 94 3rd series, § 9, 9-24-2012)
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Title VI - LAND USE
Chapter 78 - ZONING REGULATIONS
ARTICLE XII. - CONSERVATION DESIGN
DIVISION 2. BASIC APPLICATION AND PLAN REQUIREMENTS
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DIVISION 2. BASIC APPLICATION AND PLAN REQUIREMENTS
Sec. 78-1634. Application requirements and procedures.
The developer shall follow the steps outlined below as part of the development review process:
(1) Review and respond to the Goals and Policies for Environmental Protection and Natural Resource
Management as established in the Orono Community Management Plan and the recommendations
contained within the Orono Natural Resources Inventory. The intent is to establish the property's
ecological connections both within Orono and as part of the regional ecological system.
(2) If the property exists adjacent to a documented corridor in the Rural Oasis Study, review and respond
to the existing aesthetic and ecological analysis.
(3) If the property is not adjacent to a documented corridor in the Rural Oasis Study, developer shall have
a qualified consultant prepare a similar analysis and submit it to the city for review. This analysis shall
include the documentation of views, corridor enclosure, and landmarks through a plan analysis and
photographs. Developer shall be charged a standard fee established in the city fee schedule to cover
the expenses of the city in hiring a consultant to review the ecological site analysis submitted by the
developer.
(4) Additionally, submit a natural resources inventory of the site, including all of the following elements:
a. Review of the MLCCS data pertinent to the site.
b. Tree survey, including all significant individual trees greater than six feet diameter, and stands of
trees, identifying tree species and size.
c. Wetland inventory, including delineation reports.
d. Topographic survey indicating existing drainage patterns.
e. Analysis of the site based on the findings and recommendations of the Orono Natural Resources
Inventory with regards to:
• Conceptual greenways and open space corridors;
• Existence of rare plant communities;
• Potential need for proactive management and protection.
(Ord. No. 67 3rd series, § 1, 1-11-2010)
Sec. 78-1635. Basic Conservation Design Master Plan requirements and evaluation criteria.
The developer shall prepare a Conservation Design Master Plan for development of the property, consisting
of written and visual documentation including maps in an acceptable electronic format, addressing the following
topics:
(1) Consideration of the existing drainage system;
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(2) Establishment of a stormwater management system, using multi-cell treatment principles, and defining
proposed methods of stormwater phosphorus reduction;
(3) Removal of invasive species and diseased trees;
(4) Protection of significant tree stands and woodlands that support scenic and/or ecological goals,
including mitigation of any such stands to be impacted by development activities;
(5) Protection of existing wetlands, including augmentation of buffers, mitigation of impacts, and
enhancement of degraded systems;
(6) Justification and mitigation of any negative impact to ecological communities. "Negative impact"
includes any modification to a lower level of ecological community quality, as described by the
Minnesota Land Cover Classification System (M-34X Modifiers);
(7) Maintenance of ecological connections through site design, as shown on the Orono Natural Resource
Inventory;
(8) Maintenance and protection of existing positive views, and mitigation of any existing or proposed
negative views using appropriate measures such as site layout, screening, building design and
coloration, etc.; and
(9) Preservation or reinterpretation of existing landmarks.
The planning commission and city council shall evaluate the Conservation Design Master Plan to determine
whether the proposed development:
(1) Preserves existing drainage patterns and enhances stormwater collection and conveyance by applying
an ecologically-based multi-cell stormwater management system that improves ecosystems by
reducing reliance on manmade infrastructure, reducing downstream runoff of contaminants, and
enhancing ecological connections;
(2) Includes a program for the removal of invasive species and diseased trees; protects significant tree
stands and woodlands that support scenic and/or ecological goals; and includes mitigation of any such
stands that will be impacted by development activities;
(3) Protects existing wetlands by implementing new buffers or augmenting existing buffers; mitigates
identified wetland impacts; and enhances degraded wetland systems;
(4) Results in no negative impact to ecological communities of Ecological Management Categories 1 and 2;
results in no negative modification of any ecological communities as described by the Minnesota Land
Cover Classification System; and establishes, maintains and improves native ecological communities
including natural and semi-natural areas to provide wildlife habitat and support natural ecological
functions (i.e. drainage, filtering, buffering, etc.);
(5) Establishes or maintains ecological connections through site design, as shown on the Orono Natural
Resource Inventory that will enhance stormwater collection and conveyance, promote ecological and
wildlife corridors, and provide recreational opportunities for residents;
(6) Preserves and where appropriate augments or improves roadway corridor enclosure to promote
community aesthetics associated with the city's rural character; preserves open rural views and other
aesthetic elements of the landscape; and mitigates the negative visual impacts of development;
(7) Preserves, maintains, or reinterprets existing landmarks and unique points of local character, and
preserves distinct cultural features that will maintain a familiar sense of place in the community.
(Ord. No. 67 3rd series, § 1, 1-11-2010)
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Title VI - LAND USE
Chapter 78 - ZONING REGULATIONS
ARTICLE XII. - CONSERVATION DESIGN
DIVISION 3. DENSITY BONUS STANDARDS
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DIVISION 3. DENSITY BONUS STANDARDS
Sec. 78-1636. Density bonuses for urban density development.
For residential development in Orono's defined urban area (zoning districts allowing densities in excess of
one unit per two acres, and including properties identified in the Orono Community Management Plan for
conversion to urban density) within the ranges of the guided density a density bonus may be allowed if the city
council finds that the performance bonus requirements of this division have been met. The city council shall
determine the extent of density bonus awarded for such properties. Example: Properties guided in the Community
Management Plan for a density range of two—four units per acre have a base density of two units per acre; while
the high end of the density range is not guaranteed, the city council at its discretion may allow development at a
final density of up to four units per acre through the performance bonus process.
(Ord. No. 67 3rd series, § 1, 1-11-2010)
Sec. 78-1637. Performance bonus requirements.
Within the urban density area, developers have the opportunity to increase the base density by going above
and beyond the Basic Conservation Design Master Plan requirement. By implementing a combination of
development enhancements that not only preserve but improve the natural characteristics of the property or
preserve and enhance existing landmarks, the developer shall become eligible for a density bonus. The extent of
such density bonus shall be determined by the city council. Development enhancements include but are not
necessarily limited to the following:
(1) Reforestation beyond existing woodland limits;
(2) Water quality improvements;
(3) Improvements in ecological grade of existing communities;
(4) Upgrading of edge buffering to maximum, or tunneled, character; and
(5) Major preservation or enhancement of existing landmarks.
(Ord. No. 67 3rd series, § 1, 1-11-2010)
DIVISION 4. LONG-TERM PRESERVATION
Sec. 78-1638. Preservation requirements.
The developer shall establish and implement measures that will ensure the preservation and maintenance of
those elements of the development that are determined to require long-term or permanent protection from
development or misuse. Such measures may include but are not limited to: conservation easements; deed
restrictions; private covenants; transfer of ownership to agencies such as the Minnesota Land Trust or the Nature
Conservancy, or to the city via dedication, etc.
(Ord. No. 67 3rd series, § 1, 1-11-2010)
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Sec. 78-1639. Buyer education.
The developer shall establish covenants documenting the elements of the development to be protected and
how they are to be protected, and shall establish a defined program for education of the initial purchasers of lots
within the development as to the limitations that affect future use of the property.
(Ord. No. 67 3rd series, § 1, 1-11-2010)
DIVISION 5. RESOURCES
Sec. 78-1640. Resources.
The primary references for facilitating the conservation design process include the following:
• Orono Rural Oasis Study (DSU, 2005).
• 2008—2030 City of Orono Community Management Plan, Chapter 3A—Environmental Protection Plan
(City of Orono, 2009).
• Orono Natural Resources Inventory (Hennepin County Department of Environmental Services/Bonestroo
Natural Resources Group, 2006).
• Minnesota Land Cover Classification System (MLCCS).
(Ord. No. 67 3rd series, § 1, 1-11-2010)
Secs. 78-1641—78-1669. Reserved.
DIVISION 4. CONSERVATION DESIGN
Sec. 82-300. Conservation design required.
The following residential subdivisions shall be subject to the provisions of chapter 78, article XII with regards
to conservation design.
a. All proposed residential subdivisions greater than five acres in total area and proposing Urban medium
or higher densities (greater than three units per acre)
b. All proposed residential subdivisions greater than seven acres and proposing two acre minimum lot
size or smaller.
c. The city council may waive this requirement due to the nature of the proposed subdivision.
(Ord. No. 248 3rd series, § 1, 9-14-2020)
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Date: May 19, 2025 Item: 7.1
Presenter: Matt Karney, Planner
Section: Old Business
Title: LA25-000014, Revisions to City Code regarding the Keeping of Animals in
Residential Districts (Matthew Karney)
1.Purpose:
Discuss proposed changes to the City Code regarding Animals.
2.Background:
On February 18, 2025, the Planning Commission reviewed a Conditional Use Permit application,
LA24-000066, for the keeping of farm animals (pigeons) on a property within the LR-1A zoning
district. In their recommendation to the City Council, Planning Commission included a motion to
research standards and language for potential text amendments regarding the keeping of animals in
residential districts.
On April 21, 2025, Staff presented research into potential text amendments for the keeping of
animals for the Planning Commission to discuss. The Planning Commission provided Staff
direction to draft proposed regulations to clarify the animal definitions and consider allowing
chickens on smaller lots throughout the city. Staff has drafted some suggested code changes for
the Planning Commission to review, summarized in the Staff Report, Exhibit A, and attached as
Exhibit D.
3.Planning Commission Action Requested:
Review the suggested code language included as Exhibit D and discuss the questions identified in
the Staff Report, Exhibit A.
The Planning Commission should provide feed back to staff and may direct Staff to proceed with a
formal Text Amendment process.
AGENDA ITEM
Exhibits
Exhibit A - Staff Memo
Exhibit B - Zoning Map
Exhibit C - Orono City Code (Ch. 62 & 78)
Exhibit D - Suggested Code Changes
Exhibit E - April 21, 2025 Draft Minutes
Exhibit F - Animal Regulation Research and Resources
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To: Chair Bollis and Planning Commission Members
Adam Edwards, City Administrator
From: Matthew Karney, Planner
Date: 19 May 2025
Subject: LA25-000014, Revisions to City Code regarding the Keeping of Animals in Residential
Districts
Background
On February 18, 2025, the Planning Commission reviewed a Conditional Use Permit (CUP) application,
LA24-000066, for the keeping of farm animals (pigeons) on a property within the LR-1A zoning district.
In their recommendation to the City Council, Planning Commission included a motion to research
standards and language for potential text amendments regarding the keeping of animals in residential
districts.
On April 21, 2025, Staff presented discussion questions and code language regarding animals from
five (5) Minnesota cities. In discussion, the Planning Commission recommended to staff to:
1) Draft proposed animal regulations for the Planning Commission to consider in their next
meeting.
2) Focus on making minimal changes to address potential interest in raising domestic birds
within the city.
3) Consider allowing for animals on smaller lots within the city.
4) Address animal units and quantities of animals that could be permitted on smaller lots.
5) Redefine animals and farm animals, while providing a definition for domesticated or
household animals.
For this meeting, staff has prepared definitions for animals, farm animals, domesticated animals and
domestic poultry. Additionally, staff has prepared land use changes that would allow for the keeping
of farm animals and domestic poultry to be dependent on a property’s lot size instead of its zone
district, opening the door for the keeping of domestic poultry on smaller lots within the City.
A clean up Chapter 62 [Animals] of the City Code is proposed as a part of the eventual Text
Amendment regarding animals, and will be provided during the formal process.
Discussion Questions
1) Do the new definitions of animals, domesticated animals and farm animals address the
discussion held from the April 21, 2025 Planning Commission discussion? Does the definition
of domestic poultry provide an effective mechanism to allow for the keeping of cooped
birds on smaller lots in Orono?
2) Is there concern with changing the keeping of farm animals as an accessory use to be
dependent on lot size opposed to zone district?
3) Is allowing up to five (5) domestic poultry on a lot at least a half-acre in size regardless of
zoning an appropriate standard?
4) Are there other areas of concern should staff focus on in the Animals Text Amendment?
Application Summary: Discuss proposed revisions to the City Code regarding Animals.
Staff Recommendation: Review the proposed text revisions and provide guidance to Staff for
next steps.
87
Animals Discussion
19 May 2025
Page 2 of 2
Planning Commission Action
Review Staff’s suggested changes to the City’s Animal and Zoning Regulations, and discuss potential
revisions.
Direct Staff to proceed with a formal Text Amendment process regarding these regulations following
the Planning Commission’s review of the suggested changes in a future meeting.
List of Exhibits
Exhibit A. Staff Memo
Exhibit B. City of Orono Zoning Map
Exhibit C. Orono City Code (Ch. 62 & 78)
Exhibit D. Suggested Code Changes
Exhibit E. April 21, 2025 PC Minutes
Exhibit F. Animal Regulation Resources
88
Carman's Bay
West Arm
West
Crystal
Bay
East
Crystal
Bay
Maxwell Bay
North Arm
Forest
Lake
Stubbs Bay
Lafayette Bay
Lower Lake
Minnetonka
Smith's Bay
Brown's Bay
Tanager Lake
Lake Classen
Dickey Lake
Long Lake
Lydiard
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SHADYWOODRDOLD CRYSTAL BAY RD SOLD CRYSTAL BAY RD NBAYSIDE
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Map Document: \\arcserver1\gis\ORNO\_Basemap\ESRI\Pro\2021\Orono_ZoningMap\Orono_ZoningMap.aprx | Username: dmalm | Date Saved: 12/1/2021 4:42 PMZoning Districts
Business
B-1 - Retail Sales
B-2 - Lakeshore
B-3 - Shopping Center
B-4 - Office/Professional
B-5 - Limited Neighborhood
B-6 PUD - Highway Commercial
Industrial
I - Industrial
Recreational
RS - Seasonal Recreational
Rural Residential
RR-1A - One Family Rural Residential - 5 Acres
RR-1B - One Family Rural Residential - 2 Acres
Lakeshore Residential
LR-1A - One Family Lakeshore Residential - 2 Acres
LR-1B - One Family Lakeshore Residential - 1 Acre
LR-1C - One Family Lakeshore Residential - 1/2 Acre
LR-1C-1 - One Family Lakeshore Residential Subdistrict - 1/2 Acre
Residential
R-1A - One Familyl Residential - 1 Acre
R-1B - One Family Residential - 1/2 Acre
Planned Unit Development
RPUD - Residential Planned Unit Development
RR-1B PUD
PRD - Planned Residential Development
PUD/RR-1B
City Limits
Lakes
Parcels!I
0 3,000
Feet
The Zoning Designations on this map are a representation of a combination of maps,
ordinances and City Code requirements which make up the complete City of Orono
Zoning Regulations. Information on Planned Development is available at the City Hall. All
Zoning requirements and Zoning designations on specific properties are subject to change.
For updated Zoning information, please contact the City of Orono Planning and Zoning
Department at planning@ci.orono.mn.us or call (952) 249-4620.
This map reflects all valid Zoning amendments up to and including Ordinance no. 228,
third Series adopted July 8, 2019
Source:
Zoning data created and maintained by the City of Orono Planning and Zoning Department. Parcel data
obtained from Hennepin County Taxpayer Division.
Zoning Map 2021
City of Orono
December 2021
INSET 2
INSET 1
INSET 2
INSET 1
89
Title V - PUBLIC PROTECTION
Chapter 62 ANIMALS
Orono, Minnesota, Code of Ordinances Created: 2025-02-26 08:25:02 [EST]
(Supp. No. 21)
Page 1 of 27
Chapter 62 ANIMALS1
ARTICLE I. IN GENERAL
Sec. 62-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Animals means farm animals and all other animals, reptiles and feathered birds or fowl except dogs,
domestic cats, gerbils, hamsters and caged household birds.
Dangerous animals means any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a
wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a
danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters. The term
"dangerous animal" also means and includes any domestic mammal, reptile or fowl which, because of its size or
vicious propensity or other characteristic, would constitute a danger to human life or property if it is not kept or
maintained in a safe manner or in secure quarters. The term "dangerous animal" does not include a dangerous dog
as defined in Minn. Stat. § 347.50.
Farm animals means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens,
guinea hens and honeybees.
Owner means any person who owns, harbors, feeds, boards, keeps or otherwise possesses an animal, and
who is the head of the household of the residence, or the owner or manager in charge of the establishment or
premises at which an animal remains, or to which it returns.
(Code 1984, § 9.13(1))
Cross reference(s)—Definitions generally, § 1-2.
Sec. 62-2. Interference with officers prohibited.
It is unlawful for the owner of any dog to interfere with any police officer or other city employee in the
performance of his duty to enforce this chapter.
(Ord. No. 137 2nd series, § 9.12(11)(3), 7-24-1995)
Sec. 62-3. Keeping.
It is unlawful for any person to keep or harbor any animal, not in transit, except:
1Cross reference(s)—Animal regulations in parks, § 22-95; health and sanitation, ch. 50; environment, ch. 58;
animal trapping, § 70-71.
State law reference(s)—General authority relative to animals, Minn. Stat. § 412.221, subd. 21; animal health,
Minn. Stat. ch. 35; dogs and cats, Minn. Stat. ch. 347; cruelty to animals, Minn. Stat. § 343.20 et seq.
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(1) Farm animals kept in accordance with chapter 78;
(2) Animals kept as part of a show licensed under this Code;
(3) Animals used in a parade for which a permit has been issued;
(4) Animals kept in a laboratory for scientific or experimental purposes; or
(5) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.
(Code 1984, § 9.13(2))
Sec. 62-4. Animals in transit.
It is unlawful for any person to transport animals unless they are:
(1) Confined within a vehicle, cage or other means of conveyance;
(2) Farm animals being transported in a portion of the city zoned for rural purposes; or
(3) Restrained by means of bridles, halters, ropes or other means of individual restraint.
(Code 1984, § 9.13(3))
Cross reference(s)—Traffic and vehicles, ch. 66.
Sec. 62-5. Housing.
It is unlawful for any person to keep any animal in any structure infested by rodents, vermin, flies or insects.
(Code 1984, § 9.13(5))
Sec. 62-6. Trespasses.
It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, city
park, cemetery, garden or lot without specific permission from the owner.
(Code 1984, § 9.13(6))
Sec. 62-7. Regulation of horses.
(a) The term "horse" as used in this section means any breed of horse, pony, mule or ass.
(b) It is unlawful for any person to ride or to drive a horse after the hour of sunset and before the hour of sunrise
along or crossing any public way without appropriate lighting or reflectorized clothing.
(c) It is unlawful for any person to ride or drive a horse in any public park, beach, golf course or other public
property, except within the right-of-way of public streets and highways, and in areas duly designated as
trailways or hitching areas.
(d) The city administrator shall designate and signpost those areas in public lands, parks and beaches where
horses may be ridden and driven.
(e) Every person riding a horse or driving a horse-drawn vehicle upon a public street shall be subject to those
provisions of this Code applicable to the driver of a motor vehicle, except those provisions which by their
nature can have no application.
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(f) It is unlawful for any person to interfere with any horse being ridden, driven or kept in a lawful manner.
(Code 1984, § 9.13(13))
Sec. 62-8. Feeding of waterfowl.
(a) Statement of purpose. It has been determined that the presence of large numbers of wild waterfowl on and
around ponds and lakes in the city causes a public health nuisance in and around such ponds and lakes,
including the surrounding beaches and properties, which is inimical to the health and general welfare of the
public. The purpose of this section is to prevent such conduct that may attract such wild waterfowl to
properties in the city.
(b) Feeding of wild waterfowl prohibited. No person shall feed, cause to be fed, or provide food for wild
waterfowl in the city on lands either publicly or privately owned.
(c) Exceptions. This section does not prohibit the temporary care or feeding of a wounded bird on one's own
premises.
(Code 1984, § 9.13(14))
Sec. 62-9. Animal limits.
No person shall own, harbor, keep or have custody of more than two dogs or more than four cats, over the
age of six months, on his property without having first secured a residential kennel license as required in article III,
division 3, subdivision II, of this chapter except individuals involved in any animal-related business. Individuals
involved in the business of selling, boarding, breeding, treating or grooming animals must receive a commercial
kennel license. Animals which have been specially trained and certified to perform certain tasks, such as for the
handicapped, police K-9s, search and rescue, and other designated working animals, are not counted in this
requirement, nor are animals that are part of any registered foster parent program.
(Ord. No. 208 2nd series, § 8, 10-22-2001)
Sec. 62-10. Noise.
(a) Disturbing peace and quiet. No person owning, operating, having charge of or occupying any building or
premises shall keep or allow to be kept any animal which shall, by any noise, unreasonably disturb the peace
and quiet of any person in the vicinity. The term "unreasonably disturb the peace and quiet" shall include but
is not limited to the creation of any noise by any animal which can be heard by any person, including the
animal control officer or a law enforcement officer, from a location outside of the building or premises
where the animal is being kept and which animal noise occurs repeatedly over at least a five-minute period
of time with one minute or less lapse or time between each animal noise during the five-minute period.
(b) Complaint. Any person may call or deliver a complaint to the animal control officer, stating facts and
circumstances of an alleged violation of this section. The animal control officer shall investigate such
complaint. If a violation occurs in the presence of the animal control officer, a summons may be issued. If
probable cause of a violation exists, which violation did not occur in the presence of the animal control
officer, all reports, witness statements and evidence may be submitted to the city prosecuting attorney for a
formal complaint.
(Ord. No. 137 2nd series, § 9.12(14), 7-24-1995; Ord. No. 208 2nd series, § 8, 10-22-2001)
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Page 4 of 27
Secs. 62-11—62-40. Reserved.
ARTICLE II. ADMINISTRATION AND ENFORCEMENT 2
DIVISION 1. GENERALLY
Sec. 62-41. Immobilization of animals.
For the purpose of enforcement of this chapter, any animal control officer or law enforcement officer may
use a so-called tranquilizer gun or other instrument for the purpose of immobilizing and catching an animal.
(Ord. No. 137 2nd series, § 9.12(12), 7-24-1995; Ord. No. 208 2nd series, § 7, 10-22-2001)
Secs. 62-42—62-65. Reserved.
DIVISION 2. IMPOUNDMENT
Sec. 62-66. Animal pound.
(a) Any dog found in the city without a tag, or any animal running at large, shall be placed in the animal pound;
and an accurate record of the time and such placement shall be kept on each animal. Every animal so placed
in the animal pound shall be held for redemption by the owner for a period of not less than ten regular
business days unless a veterinarian authorizes its immediate destruction. A regular business day is one
during which the pound is open for business to the public for at least four hours between 8:00 a.m. and 7:00
p.m. Impoundment records shall be preserved for a minimum of three years and shall show the:
(1) Description of the animal by species, breed, sex, approximate age and other distinguishing traits;
(2) Location at which the animal was seized;
(3) Date of seizure;
(4) Name and address of the person from whom any animal three months of age or over was received;
and
(5) Name and address of the person to whom any animal three months of age or over was transferred.
(b) If unclaimed, such animal shall be humanely destroyed and the carcass disposed of, unless it is requested by
a licensed educational or scientific institution under authority of Minn. Stat. § 35.71. However, if a tag affixed
to the animal, or a statement by the animal's owner after seizure specifies that the animal should not be
used for research, such animal shall not be made available to any such institution but may be destroyed after
the expiration of the ten-day period. Animals raised for food or fiber products shall not be seized or disposed
of without prior examination by a licensed veterinarian pursuant to a warrant issued by a judge.
(Ord. No. 137 2nd series, § 9.13(8), 7-24-1995)
2Cross reference(s)—Administration, ch. 2.
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Sec. 62-67. Biting animals.
Any dog having bitten a person or other animal shall be forthwith impounded for the period of rabies
incubation.
(Ord. No. 137 2nd series, § 9.12(2), 7-24-1995)
Sec. 62-68. Notice of impounding.
Upon the impounding of any dog, the owner shall be notified, or, if the owner is unknown, written notice
shall be posted for five days at the city hall describing the dog and the place and time of taking.
(Ord. No. 137 2nd series, § 9.12(8), 7-24-1995)
Sec. 62-69. Release from animal pound.
Dogs shall be released to their owners, as follows:
(1) If such dog is owned by a resident of the city, after purchase of a license and payment of the
impounding fees.
(2) If such dog is owned by a person not a resident of the city, after immunization of any such dog for
rabies and payment of the impounding fee for the period for which the dog was impounded.
(Ord. No. 137 2nd series, § 9.12(9), 7-24-1995)
Secs. 62-70—62-100. Reserved.
ARTICLE III. DOGS AND CATS3
DIVISION 1. GENERALLY
Sec. 62-101. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Owner means a person who owns, harbors, feeds, boards or keeps a dog or cat.
(Ord. No. 137 2nd series, § 9.12(1), 7-24-1995; Ord. No. 208 2nd series, § 6, 10-22-2001)
Cross reference(s)—Definitions generally, § 1-2.
3State law reference(s)—Dogs and cats, Minn. Stat. ch. 347.
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Sec. 62-102. Owning dangerous dogs.
It is unlawful for the owner of any dog to own or keep a dog which is dangerous, i.e., any such dog which has
caused injury to persons or property.
(Ord. No. 137 2nd series, § 9.12(11)(2), 7-24-1995)
Sec. 62-103. Warning of vicious dogs.
The owner of any dog known to be of vicious habits shall place in plain view of the entrance of the premises
a sign no smaller than 12 inches by 14 inches which shall read: "Beware of Vicious Dog" in letters at least two
inches in height.
(Ord. No. 137 2nd series, § 9.12(13), 7-24-1995)
Sec. 62-104. Running at large prohibited.
It is unlawful for the owner of any dog to permit such animal to run at large. Any dog shall be deemed to be
running at large with the permission of the owner unless:
(1) It is on a durable leash secured to an object which it cannot move and is on the premises of the owner.
(2) On a leash and under the control or within ten feet and under the effective command of the
accompanying person of suitable age and discretion.
(3) In the owners' fenced yard or other suitable enclosure where the dog cannot leave without human
assistance.
(4) In the owner's yard and under effective command of an accompanying person of suitable age and
discretion present outside in the yard.
(5) In a vehicle from which the dog cannot leave without human assistance provided it is not left
unattended in violation of law.
(6) In an area designated as an off leash area provided that the person having custody of the animal: is
present with the animal; has in his/her possession the required off leash permit; and is acting in
compliance with the rules and regulations of the off leash areas.
(Ord. No. 137 2nd series, § 9.12(2), 7-24-1995; Ord. No. 176 3rd series, § 3, 8-22-2016)
Sec. 62-105. Defecating on property of another prohibited.
It is unlawful for the owner of any dog to fail to prevent such dog from defecating in or upon public property
or the premises of another, or to permit solid waste of a dog to accumulate on its owner's premises for more than
24 hours.
(Ord. No. 137 2nd series, § 9.12((11)(4), (11)(5)), 7-24-1995)
Secs. 62-106—62-130. Reserved.
95
Title V - PUBLIC PROTECTION
Chapter 62 - ANIMALS
ARTICLE III. - DOGS AND CATS
DIVISION 2. LICENSE
Orono, Minnesota, Code of Ordinances Created: 2025-02-26 08:25:02 [EST]
(Supp. No. 21)
Page 7 of 27
DIVISION 2. LICENSE 4
Sec. 62-131. Required.
It is unlawful for the owner of any dog six months of age or more to fail to obtain a license from the city
except as follows:
(1) Dogs confined to a city-licensed commercial kennel need not be individually licensed.
(2) Dogs confined to a city-licensed residential kennel shall be individually licensed but need not wear the
license tag while they are confined in the kennel.
(3) Dogs currently licensed by another jurisdiction may be temporarily kept in the city for a period not to
exceed 30 days, provided the dog wears a tag or other identification from such licensing jurisdiction,
and provided the current city license is obtained if the temporary stay extends beyond 30 days or
otherwise becomes permanent. Dogs licensed by other jurisdictions are not exempt from the kennel
licensing requirements or from any other provision of this article.
(Ord. No. 137 2nd series, § 9.12(3), 7-24-1995)
Sec. 62-132. Application.
All licenses shall be issued by the city; and applications shall be accompanied by a certificate issued by a
veterinarian licensed to practice in the state, showing that the dog is vaccinated against rabies for the duration of
the applied-for license. Should the rabies vaccination expire prior to the full term of the license, the owner is
responsible for updating such vaccination. No more than two dog licenses shall be issued to any one person or for
any one lot, property or address at any one time unless there shall first have been issued a current residential or
commercial kennel license for such person, lot property or address.
(Ord. No. 137 2nd series, § 9.12(4), 7-24-1995)
Sec. 62-133. Fees.
All licenses and impounding fees provided for in this division shall be issued only upon payment in full of the
fee established by resolution. License fees shall be due for the full two-year license period, except that licenses
issued in even-numbered years may be prorated to half of the two-year license fee. No other prorating shall be
permitted.
(Ord. No. 137 2nd series, § 9.12(5), 7-24-1995)
4Cross reference(s)—Business licenses, § 26-31 et seq.
State law reference(s)—County dog licenses, Minn. Stat. § 347.08 et seq.
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Sec. 62-134. Collar and tag required.
(a) All licensed dogs shall wear a collar and have a tag firmly affixed to the collar evidencing such license for the
current year. A duplicate for a lost tag may be issued by the city upon presentation of the receipt showing
the payment of the license fee for the current license period, and payment of the fee for a duplicate license.
Tags shall not be transferable, and no refund shall be made on any dog license fee because of leaving the city
or death of the dog before the expiration of the license.
(b) It is unlawful for the owner of any dog to fail to have the license tag issued by the city firmly attached to a
collar worn at all times by the licensed dog.
(Ord. No. 137 2nd series, § 9.12(6), (11)(1), 7-24-1995)
Sec. 62-135. License period.
All dog licenses shall be issued and be valid for the whole or unexpired portion of two-year periods beginning
on January 1 of each odd-numbered year. All dog licenses regardless of the date of issuance shall expire on
December 31 of each even-numbered year. Dog owners shall apply for license renewal prior to the license
expiration date.
(Ord. No. 137 2nd series, § 9.12(7), 7-24-1995)
Secs. 62-136—62-160. Reserved.
DIVISION 3. KENNELS 5
Subdivision I. In General
Sec. 62-161. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Commercial kennel means any place or premises where three or more dogs over six months of age are kept
or housed at any one time for commercial purposes, including sale, boarding, breeding, grooming, training or
medical care.
Kennel structure means a dog house or enclosure of any kind, including a fenced pen or dog run, constructed,
maintained or used for purposes of keeping, housing or restraining one or more dogs in a limited area. A fenced-in
yard area amounting to 600 square feet or more per dog shall not be defined as a kennel structure.
Residential kennel means an accessory residential use or place where three or more dogs or five or more cats
over six months of age are kept or housed for the sole noncommercial use, benefit or enjoyment of the property
owner or occupant.
5Cross reference(s)—Businesses, ch. 26.
State law reference(s)—Kennel licenses, Minn. Stat. § 347.31 et seq.
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(Code 1984, § 5.36(1); Ord. No. 208 2nd series, § 1, 10-22-2001)
Cross reference(s)—Definitions generally, § 1-2.
Secs. 62-162—62-180. Reserved.
Subdivision II. License 6
Sec. 62-181. Required.
(a) It is unlawful for any person to own, operate, use, maintain or allow to exist any kennel on any property
without a license from the city in accordance with this subdivision.
(b) It is unlawful for any person to own, harbor, keep or house three or more dogs, or five or more cats, over six
months of age on any one lot or property without a valid residential or commercial kennel license.
(c) It is unlawful for any person to operate any kennel for business or commercial purposes, including sale,
boarding, breeding, grooming, training or medical care, without a valid commercial kennel license.
(d) It is unlawful for any person to construct, keep, maintain or use a kennel structure for one or more dogs
without a valid residential or commercial kennel license; except that kennel structures used for not more
than two dogs over six months of age need not be licensed if the kennel structure is located in a side or rear
yard and is not less than 30 feet away from any property line.
(Code 1984, § 5.36(2); Ord. No. 208 2nd series, § 2, 10-22-2001)
Sec. 62-182. Standards.
All kennel licenses are permissive only, granting limited authority to the licensee according to the provisions
of each license. Kennel licenses may be issued by the city clerk only after review and approval by the council. The
council shall review each kennel license application for pertinent facts and circumstances, including but not limited
to location in the city, zoning, lot size, number of animals, existing or proposed kennel facilities, including location
on the lot, kennel maintenance, sanitation, keeping too many animals, nuisance complaints, excessive noise,
running at large, odors perceptible beyond the property line, commercial activities occurring at a residential kennel
or any previous animal or kennel license violations by the applicant.
(Code 1984, § 5.36(4); Ord. No. 208 2nd series, § 3, 10-22-2001)
Sec. 62-183. Residential kennel license standards and requirements.
Residential kennel licenses are intended as a special privilege to be granted upon a showing that the keeping
of more than the allowed amount of animals and/or a kennel structure location will not be a public nuisance or
otherwise adversely affect neighboring persons or property. The council shall have the authority to limit the
maximum number of animals kept at any residential kennel based upon the kennel standards listed in section 62-
182. No residential kennel license shall be granted unless the property contains a proper kennel structure or is
otherwise fenced to prevent the dogs from running at large. Nothing in this chapter shall preclude the breeding of
6Cross reference(s)—Business licenses, § 26-31 et seq.
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licensed dogs kept at a residential kennel, the sale of offspring, the occasional sale of licensed dogs, or the private
grooming, training or medical care of such dogs on the premises.
(Code 1984, § 5.36(5); Ord. No. 208 2nd series, § 4, 10-22-2001)
Sec. 62-184. Commercial kennel license standards and requirements.
New commercial kennel licenses shall be issued only for property that is properly zoned for business
purposes or for rural residential property of sufficient acreage to comply with chapter 78. No commercial kennel
license shall be granted unless the property contains a kennel structure and other enclosed buildings sufficient to
operate the business without nuisance or other adverse effects on neighboring properties.
(Code 1984, § 5.36(6))
Sec. 62-185. License period.
All kennel licenses shall expire on December 31 of each year. Application for renewal of an existing kennel
license shall be made to the city clerk at least 30 days prior to the expiration date.
(Code 1984, § 5.36(3))
Secs. 62-186—62-220. Reserved.
ARTICLE IV. DANGEROUS ANIMALS 7
DIVISION 1. GENERALLY
Secs. 62-221—62-240. Reserved.
DIVISION 2. PERMIT
Sec. 62-241. Required.
It is unlawful for any person to keep or maintain any dangerous animal without a special permit from the
city. No such permit shall be issued for a period exceeding one year, and such permit shall specify the conditions
under which such animal shall be kept.
(Code 1984, § 9.13(9))
Sec. 62-242. Exception.
The provisions of this division shall not apply to the keeping of dangerous animals in the following cases:
7State law reference(s)—Dangerous dogs, Minn. Stat. § 347.50 et seq.
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(1) The keeping of such animal for exhibition to the public by a traveling circus, carnival or other exhibit or
show holding a permit issued by the commissioner of natural resources pursuant to Minn. Stat. §
97A.041.
(2) The keeping of such animals in a licensed veterinary hospital for treatment.
(3) Dangerous or poisonous reptiles maintained by a bona fide educational or medical institution for the
purpose of instruction or study, provided such reptiles are securely confined and are properly cared for
in a manner satisfactory to the chief of police.
(Code 1984, § 9.13(12))
Sec. 62-243. Grounds for granting of permit.
The chief of police shall issue a special permit for the purpose of keeping or maintaining a dangerous animal
if it is found that:
(1) The animal is at all times kept or maintained in a safe manner and confined securely so that the
keeping of such animal will not constitute the danger to human life or property of others.
(2) Adequate safeguards are made to prevent unauthorized access to such animals by members of the
public.
(3) The health or well-being of the animal is not in any way endangered by the manner of keeping or
confinement.
(4) The keeping of such animal does not constitute a nuisance and will not harm the surrounding
neighborhood or disturb the peace and quiet of the surrounding neighborhood.
(5) The keeping of such animal will not create or cause offensive odors or constitute a danger to public
health.
(6) The quarters in which such animal is kept or confined are adequately lighted, ventilated and are so
constructed that they may be kept in a clean and sanitary condition.
(7) The applicant for such special permit proves his ability to respond in damages to and including the
amount of $100,000.00 for bodily injury to or death of any person or persons or for the damage to
property owned by any other persons which may result in the ownership, keeping or maintenance of
such animal. Proof of liability to respond in damages may be given by filing with the chief of police a
certificate of insurance stating that the applicant is, at the time of his application, and will be, during
the period of such special permit, insured against liability to respond in such damages, or by posting
with the city a surety bond, approved by the city attorney, in the amount of $1,000,000.00 conditioned
upon the payment of such damages during the period of such special permit. Such certificate of
insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten
days' written notice is first given to the city.
(Code 1984, § 9.13(9))
Sec. 62-244. Investigation required.
The chief of police, in investigating any applicant for a special permit under this division or any enforcement
of this division, is authorized to consult with and seek the advice of the Society for the Prevention of Cruelty to
Animals; the Humane Society; any representative of the animal control center of the county, if there is one; or any
other individual, agency, organization or society which may be able to provide information and advice concerning
the keeping of dangerous animals.
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(Code 1984, § 9.13(10))
Sec. 62-245. Permit fee.
Upon compliance with all provisions of this division, a special permit shall be issued for an annual fee
adopted by ordinance, provided that such permit shall not be issued for the keeping of more than two dangerous
animals at any single location.
(Code 1984, § 9.13(11))
DIVISION 2. R-1A ONE-FAMILY RESIDENTIAL DISTRICT
Sec. 78-226. Purpose.
The R-1A one-family residential district is intended to provide a district which will allow a combination of
low-density residential development and limited agricultural activity. Planned residential developments may be
allowed by conditional use permit. The district shall have immediate access to highways and public sanitary sewer.
(Code 1984, § 10.20(1))
Sec. 78-227. Permitted uses.
Within any R-1A one-family residential district, no structure or land shall be used except for one or more of
the following uses:
(1) City-owned public service structures that have been approved by the city council after the required
public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use.
b. The architectural design of the structure is found to be compatible with the surrounding area.
c. [Reserved.]
(2) Reserved.
(3) Municipal buildings.
(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
(Code 1984, § 10.20(2); Ord. No. 44 3rd series, § 1, 2-25-2008; Ord. No. 82 3rd series, § 2, 12-13-2010; Ord. No. 90
3rd series, § 2, 12-12-2011; Ord. No. 210 3rd series, § 4, 6-25-2018; Ord. No. 233 3rd series, § 1, 10-14-2019; Ord.
No. 279 3rd series, § 2, 11-14-2022)
State law reference(s)—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
Sec. 78-228. Conditional uses.
Within any R-1A one-family residential district, no structure or land shall be used for the following uses
except by conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
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a. All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use; and
b. All accessory buildings and structures more than six feet in height are located at least 50 feet
from any adjacent property zoned for residential use.
(2) Reserved.
(3) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50
feet from any adjacent property zoned for residential use.
(4) Planned residential development, limited to detached single-family dwellings only and subject to the
limitations of division 10 of this article.
(5) Public service structures, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use;
and
b. The architectural design of the structure is compatible with the architectural design of the
surrounding area.
(6) [Reserved.]
(7) Schools, daycare centers, uses accessory to a high school.
a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum
similar to a pre-kindergarten, primary or secondary school. Schools may include before and after
school care for students.
b. Daycare centers, nursery schools and similar programs that are not associated with a public or
private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory and is owned by
the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property zoned for residential
use.
(8) Two-family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. the design of the dwelling is compatible with the surrounding residences.
(9) Columbaria, provided that all portions of columbaria located at or below ground shall be located at
least five feet from any adjacent lot line and at least 50 feet from principal structures located on any
adjacent property, whether such property is zoned for residential or non-residential use. All portions of
columbaria located above ground shall meet the following standards:
a. Located at least ten feet from property boundaries.
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b. Located at least 50 feet from principal structures located on any adjacent property, whether such
property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved, traveled roadway.
d Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by appropriate means.
(Code 1984, § 10.20(3); Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§ 3, 4, 6-7-1997; Ord.
No. 178 2nd series, § 1, 12-8-1997; Ord. No. 179 2nd series, § 2, 10-12-1998; Ord. No. 28 3rd series, § 3, 8-22-2005;
Ord. No. 44 3rd series, § 1, 2-25-2008; Ord. No. 45 3rd series, § 1, 2-25-2008; Ord. No. 79 3rd series, § 2, 11-8-
2010; Ord. No. 82 3rd series, § 3, 12-13-2010; Ord. No. 224 3rd series, § 1, 6-10-2019; Ord. No. 257 3rd series, § 3,
5-10-2021; Ord. No. 279 3rd series, § 3, 11-14-2022)
Editor's note(s)—Ord. No. 79 3rd series, § 2, adopted Nov. 8, 2010, set out provisions intended for use as
subsection 78-228(18). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at the
editor's discretion, these provisions have been included as subsection 78-228(9).
Sec. 78-229. Accessory uses.
Within any R-1A one-family residential district, the only permitted accessory uses and structures are the
following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed
time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(6) Fencing subject to the provisions of section 78-1405(7).
(7) Signs, as regulated in this chapter.
(8) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(9) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape
features, and lawn sprinkler systems.
(10) Compost structures and firewood piles, subject to the accessory structure location requirements of this
chapter.
(11) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of
section 78-1376, and the licensing provisions of [section] 26-76, when applicable.
(12) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from
the public right-of-way.
(13) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the
provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures
equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing
houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as
accessory buildings and subject to accessory building regulations.
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(14) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days
and occurring no more than two times within one calendar year per property; and sales of personal or
recreational vehicles and equipment, limited to no more than two items per calendar year, and such
items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or
required front yard except a designated, improved driveway.
(15) Laundry drying equipment.
(16) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(17) Accessory dwelling unit.
(Code 1984, § 10.20(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3, 9-23-2002; Ord. No. 82
3rd series, § 4, 12-13-2010; Ord. No. 96 3rd series, § 3(3.01, 3.02), 11-13-2012; Ord. No. 106 3rd series, § 3, 6-10-
2013; Ord. No. 222 3rd series, § 2, 12-10-2018; Ord. No. 279 3rd series, § 4, 11-14-2022)
Sec. 78-230. R-1A 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
(feet)
Interior
Side
(feet)
Side Street
(feet)
Rear
(feet)
OHWL
(feet)
Wetland
(feet)
Principal Building 35 10 35 30 na 25 or
MCWD
buffer
Accessory Building (AB)
<1,000 sf
35 10 35 10 na 25 or
MCWD
buffer
Oversize Accessory
Building (OAB)
>1,000 sf
35 10 35 30 na 25 or
MCWD
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 buildings less than 1,000 square feet, shall be the lesser 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.
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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; Ord. No. 299 3rd series, § 2, 3-11-2024)
Secs. 78-231—78-250. Reserved.
Subdivision II. LR-1A Lakeshore Residential District
Sec. 78-301. Purpose.
The LR-1A one-family lakeshore residential district is intended to provide a district which will allow a
combination of low-density residential development and limited agricultural activity. Planned residential
developments may be allowed by conditional use permits. The proposed land use may not endanger the quality of
stormwater runoff into Lake Minnetonka or Long Lake. Because of the location of the district near Lake
Minnetonka or Long Lake, special regulations are necessary to protect those natural resources from the effects of
dense development.
(Code 1984, § 10.23(1))
Sec. 78-302. Permitted uses.
Within the LR-1A one-family lakeshore residential district, no land or structures shall be used except for one
or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the required
public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use.
b. The architectural design of the structure is found to be compatible with the surrounding area.
c. [Reserved.]
(2) Reserved.
(3) Municipal buildings.
(4) One-family detached dwellings.
(5) Publicly owned parks and playgrounds.
(6) County dock, when:
a. Directly connected to Hennepin County Right-of-Way.
b. No overnight boat storage is permitted.
c. No canopy is installed.
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d. Approved by Lake Minnetonka Conservation District.
e. Secured with a fence and gate.
(Code 1984, §§ 10.20(2), 10.23(3); Ord. No. 44 3rd series, § 3, 2-25-2008; Ord. No. 82 3rd series, § 8, 12-13-2010;
Ord. No. 90 3rd series, § 4, 12-12-2011; Ord. No. 167 3rd series, § 2, 4-11-2016; Ord. No. 210 3rd series, § 6, 6-25-
2018; Ord. No. 233 3rd series, § 3, 10-14-2019; Ord. No. 279 3rd series, § 8, 11-14-2022)
State law reference(s)—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
Sec. 78-303. Conditional uses.
Within any LR-1A one-family lakeshore residential district, no structure or land shall be used for the following
uses except by conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
a. All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use; and
b. All accessory buildings and structures more than six feet in height are located at least 50 feet
from any adjacent property zoned for residential use.
(2) Reserved.
(3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises,
provided that:
a. Where the applicant requests a conditional use permit to keep horses, there must be at least one
acre for the dwelling and two acres of open pasture for the first horse. If the applicant requests a
conditional use permit to keep more than one horse, the property must have one additional acre
of open pasture for each additional horse. Calculations of minimum pasture acreage shall not
include any land defined as a wetland or wetland buffer under section 78-1602.
b. Where the applicant requests a conditional use permit to keep farm animals other than horses,
there must be at least one acre for the dwelling and one acre for each animal unit. Calculations of
minimum acreage required shall not include any land defined as a wetland or wetland buffer
under section 78-1602.
c. Any building or structure associated with the animals is located more than 150 feet from the
nearest adjacent residence and at least 75 feet from the nearest lot line.
d. The use is operated in compliance with Chapter 62, Animals.
(4) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50
feet from any adjacent property zoned for residential use.
(5) Planned residential development, limited to detached single-family dwellings only and subject to the
limitations of division 10 of this article.
(6) Public service structures, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use;
and
b. The architectural design of the structure is compatible with the architectural design of the
surrounding area.
(7) [Reserved.]
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(8) Schools, daycare centers, uses accessory to a high school.
a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum
similar to a pre-kindergarten, primary or secondary school. Schools may include before and after
school care for students.
b. Daycare centers, nursery schools and similar programs that are not associated with a public or
private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory and is owned by
the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property zoned for residential
use.
(9) Two-family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
(10) Columbaria, provided that all portions of columbaria located at or below ground shall be located at
least five feet from any adjacent lot line and at least 50 feet from principal structures located on any
adjacent property, whether such property is zoned for residential or non-residential use. All portions of
columbaria located above ground shall meet the following standards:
a. Located at least ten feet from property boundaries.
b. Located at least 50 feet from principal structures located on any adjacent property, whether such
property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved, traveled roadway.
d Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by appropriate means.
(11) County dock, when:
a. Directly connected to Hennepin County Right-of-Way.
b. No canopy may be installed.
c. Approved by Lake Minnetonka Conservation District.
d. Overnight boat dockage for up to two emergency response boats.
e. Secured with a fence and a gate.
(Code 1984, §§ 10.20(3), 10.23(4); Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§ 3, 4, 6-7-
1997; Ord. No. 178 2nd series, § 1, 12-8-1997; Ord. No. 179 2nd series, § 2, 10-12-1998; Ord. No. 28 3rd series, § 5,
8-22-2005; Ord. No. 44 3rd series, § 3, 2-25-2008; Ord. No. 45 3rd series, § 3, 2-25-2008; Ord. No. 79 3rd series, §
4, 11-8-2010; Ord. No. 82 3rd series, § 9, 12-13-2010; Ord. No. 90 3rd series, § 4, 12-12-2011; Ord. No. 100 3rd
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series, § 1, 2-25-2013; Ord. No. 181 3rd series, § 1, 1-9-2017; Ord. No. 224 3rd series, § 3, 6-10-2019; Ord. No. 257
3rd series, § 5, 5-10-2021; Ord. No. 279 3rd series, § 9, 11-14-2022)
Editor's note(s)—Ord. No. 79 3rd series, § 4, adopted Nov. 8, 2010, set out provisions intended for use as
subsection 78-303(18). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at the
editor's discretion, these provisions have been included as subsection 78-303(11).
Sec. 78-304. Accessory uses.
Within any LR-1A one-family lakeshore residential district, the only permitted accessory uses and structures
are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed
time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Private docks, subject to this code and other applicable regulations, including boat storage density
requirements. The accessory use of a private dock shall not include renting space.
(6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs, as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape
features, and lawn sprinkler systems.
(11) Compost structures and firewood piles, subject to the accessory structure location requirements of this
chapter.
(12) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of
section 78-1376, and the licensing provisions of [section] 26-76, when applicable.
(13) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from
the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the
provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures
equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing
houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as
accessory buildings and subject to accessory building regulations.
(15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days
and occurring no more than two times within one calendar year per property; and sales of personal or
recreational vehicles and equipment, limited to no more than two items per calendar year, and such
items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or
required front yard except a designated, improved driveway.
(16) Laundry drying equipment.
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(17) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(18) Apiaries when:
a. The property consists of a minimum of two acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. All structures associated with honeybees must follow the accessory structure setbacks.
(19) Accessory dwelling unit.
(Code 1984, §§ 10.20(4), 10.23(5); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3, 9-23-2002;
Ord. No. 82 3rd series, § 10, 12-13-2010; Ord. No. 93 3rd series, § 1, 6-25-2012; Ord. No. 96 3rd series, § 3(3.01,
3.02), 11-13-2012; Ord. No. 106 3rd series, § 5, 6-10-2013; Ord. No. 222 3rd series, § 6, 12-10-2018; Ord. No. 264
3rd series, § 2, 11-22-2021; Ord. No. 279 3rd series, § 10, 11-14-2022)
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.
Setbacks: Street/Front
(feet)
Interior
Side
(feet)
Side Street
(feet)
Rear/Street
(feet)
OHWL*
(feet)
Wetland
(feet)
Principal Building 50 30 30 50 75/100/150
+ ALS
25 or
MCWD
buffer
Accessory Building (AB)
<1,000 sf
50 15 30 15 75/100/150
+ ALS
25 or
MCWD
buffer
Oversize Accessory
Building (OAB)
>1,000 sf
50 30 30 50 75/100/150
+ ALS
25 or
MCWD
buffer
Accessory Structures (AS) 25 15 15 15 75/100/150
+ ALS
25 or
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 lesser of 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.
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(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; Ord. No. 299 3rd series, § 4, 3-11-2024)
Secs. 78-306—78-325. Reserved.
DIVISION 5. RR-1A ONE-FAMILY RURAL RESIDENTIAL DISTRICT
Sec. 78-391. Purpose.
The RR-1A one-family rural residential district is intended to provide a district which will allow a combination
of low-density residential development and limited agricultural activity.
(Code 1984, § 10.27(1))
Sec. 78-392. Permitted uses.
Within any RR-1A one-family rural residential district, no land or structures shall be used except for one or
more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the required
public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use.
b. The architectural design of the structure is found to be compatible with the surrounding area.
c. [Reserved.]
(2) Reserved.
(3) Municipal buildings.
(4) Reserved.
(5) One-family detached dwellings.
(6) Publicly owned parks and playgrounds.
(Code 1984, §§ 10.20(2), 10.27(2); Ord. No. 44 3rd series, § 7, 2-25-2008; Ord. No. 82 3rd series, § 20, 12-13-2010;
Ord. No. 90 3rd series, § 8, 12-12-2011; Ord. No. 210 3rd series, § 10, 6-25-2018; Ord. No. 233 3rd series, § 7, 10-
14-2019; Ord. No. 279 3rd series, § 20, 11-14-2022)
State law reference(s)—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
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Sec. 78-393. Conditional uses.
Within any RR-1A one-family rural residential district, no structure or land shall be used for the following
uses without a conditional use permit.
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
a. All principal buildings are located at least 100 feet from any adjacent property zoned for
residential use.
b. All accessory buildings and structures more than six feet in height are located at least 50 feet
from any adjacent property zoned for residential use.
(2) Reserved.
(3) Personal wireless service antennas. Personal wireless service antennas erected on a municipal
structure other than a water tower may be allowed as a conditional use if they meet the following
criteria:
a. Such antennas must be in compliance with the city policy regarding the use of city-owned
property for wireless telecommunication antennas;
b. Such antennas must meet the conditions listed for personal wireless service antennas as a
permitted use in the LR-1C zoning district.
c. Such antennas may be located in the following locations:
1. Co-located on an existing city emergency warning siren tower.
2. Co-located on a replacement city emergency warning siren tower, with a height not to
exceed 75 feet.
3. Co-located on a new city emergency warning siren tower, at a location that meets the city's
emergency warning needs, with a height not to exceed 75 feet.
d. Such antennas shall meet the following performance standards:
1. The antennas must be located on the existing emergency warning sirens poles, unless the
height of the existing pole, or the capacity of the existing pole to support both the siren
and the antenna(s) is inadequate to minimally meet the needs of the carrier. In this case,
the carrier may be allowed to install a replacement tower that will accommodate both the
emergency warning siren and the telecommunications antenna(s). The existing emergency
siren towers can be replaced with towers with a maximum height of 75 feet, with the
condition that the tower accommodates both the emergency warning siren and the
telecommunications antenna(s). The city may also require the tower to have the capability
of accommodating one additional carrier's antenna(s).
2. A new emergency warning siren tower location, selected by the city to meet its emergency
warning needs, could also be used as a telecommunications antenna site through co-
location of the warning siren and antenna. The standards set out in 1. above also apply to a
siren tower in a new location.
3. The height of a tower can be no higher than the minimum height required to address a gap
in coverage.
4. The setback of a tower from a property line must, at minimum, be equal to the height of
the tower, except where an existing emergency warning siren is located on a site that does
not enable this setback to be provided.
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5. A carrier must demonstrate through an engineering analysis that there is a gap in coverage.
6. At the city's discretion, a tower must be designed to structurally enable co-location by
another carrier, and the carrier must agree to allow co-location.
7. The carrier must provide computer-generated photos showing the views (as selected by
the city) with and without the tower.
8. All consultant analysis and legal analysis related to the towers and the lease of the towers
shall be paid by the carrier.
9. The carrier is required to provide coverage maps to demonstrate the specific gap in
coverage and need for an additional tower and antenna(s), and to demonstrate there are
no existing tower options within a radius of two miles that could accommodate the
carrier's antenna needs.
10. The size of the cabinets on the ground needed to house the support equipment for the
antennas is limited to the minimum necessary size, as determined by the city council.
Appropriate vegetative screening of ground cabinets shall be provided by the carrier,
subject to approval by the city council. The council at its discretion may allow the use of
non-vegetative screening methods such as berming, fencing, etc.
11. "Stealth"-type antennas (cylindrical) vs. an array of panels, is required if the technology is
available.
12. Only monopole towers are allowed.
(4) Places of worship, provided that all buildings and structures, except columbaria, are located at least 50
feet from any adjacent property zoned for residential use.
(5) Planned residential development, limited to detached single-family dwellings only and subject to the
limitations of division 10 of this article.
(6) [Reserved.]
(7) Public service structures, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use;
and
b. The architectural design of the structure is compatible with the architectural design of the
surrounding area.
(8) Public stables and barns, provided that:
a. The public stable or barn is accessory to a residential use.
b. Such structures are located at least 150 feet from the nearest lot line.
(9) Riding academy, provided that:
a. It is accessory to a residential use.
b. It is operated by an owner or resident of the property.
c. The number of horses and farm animals may not exceed the limitations of section 78-394(5).
d. No instruction occurs less than 100 feet from a residence on an adjacent property or less than 75
feet from the lot line.
(10) Schools, daycare centers, uses accessory to a high school.
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a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum
similar to a pre-kindergarten, primary or secondary school. Schools may include before and after
school care for students.
b. Daycare centers, nursery schools and similar programs that are not associated with a public or
private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory and is owned by
the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent property zoned for residential
use.
(11) Stock farms, provided that:
a. Excluding wetlands and wetland buffers as defined in sections 78-1602 and 78-1605, there are a
minimum of ten acres of land devoted to the keeping of animals and the animal density is no
more than two animal units an acre on the land devoted to keeping the animals.
b. No dwellings are permitted except one for the property owner or the operator of the farm.
c. No accessory buildings or structures are permitted other than those allowed for a residential use.
(12) Wholesale green houses, provided that:
a. All outside storage is fenced so as to screen the stored material from view when observed from
all public streets or adjoining lots.
b. Greenhouse structures are not located in a required yard area.
c. There are no dwellings on the property, except one for the owner or operator of the wholesale
greenhouse.
d. There are no accessory buildings or structures other than those allowed for a residential use.
(13) Columbaria, provided that all portions of columbaria located at or below ground shall be located at
least five feet from any adjacent lot line and at least 50 feet from principal structures located on any
adjacent property, whether such property is zoned for residential or non-residential use. All portions of
columbaria located above ground shall meet the following standards:
a. Located at least ten feet from property boundaries.
b. Located at least 50 feet from principal structures located on any adjacent property, whether such
property is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved, traveled roadway.
d. Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by appropriate means.
(Code 1984, §§ 10.20(3), 10.27; Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§ 3, 4, 6-7-1997;
Ord. No. 179 2nd series, § 2, 10-12-1998; Ord. No. 226 2nd series, § 2, 5-27-2003; Ord. No. 44 3rd series, § 7, 2-25-
2008; Ord. No. 45 3rd series, § 7, 2-25-2008; Ord. No. 79 3rd series, § 8, 11-8-2010; Ord. No. 82 3rd series, § 21,
12-13-2010; Ord. No. 89 3rd series, § 1, 11-28-2011; Ord. No. 224 3rd series, § 7, 6-10-2019; Ord. No. 257 3rd
series, § 9, 5-10-2021; Ord. No. 279 3rd series, § 21, 11-14-2022)
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Editor's note(s)—Ord. No. 79 3rd series, § 8, adopted Nov. 8, 2010, set out provisions intended for use as
subsection 78-393(16). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at the
editor's discretion, these provisions have been included as subsection 78-393(12).
Sec. 78-394. Accessory uses.
Within any RR-1A one-family rural residential district, the only permitted accessory uses and structures are
the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to exceed
time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) [Reserved].
(5) Farm animal structures and enclosures such as barns, chicken coops, paddocks and arenas, horse
loafing sheds, etc.
(6) Keeping of farm animals for noncommercial purposes and for the use of the occupants of premises,
provided that:
a. For the keeping of horses, there must be at least one acre for the dwelling and two acres of open
pasture for the first horse. For the keeping of more than one horse, the property must have one
additional acre of open pasture for each additional horse. Calculations of minimum pasture
acreage shall not include any land defined as a wetland or wetland buffer under section 78-1602.
b. For the keeping of farm animals other than horses, there must be at least one acre for the
dwelling and one acre for each animal unit. Calculations of minimum acreage required shall not
include any land defined as a wetland or wetland buffer under section 78-1602.
c. Any building or structure associated with the animals is located more than 150 feet from the
nearest adjacent residence and at least 75 feet from the nearest lot line.
d. The use is operated in compliance with chapter 62, Animals.
(7) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(8) Fencing subject to the provisions of section 78-1405(7).
(9) Signs, as regulated in this chapter.
(10) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(11) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative landscape
features, and lawn sprinkler systems.
(12) Compost structures and firewood piles, subject to the accessory structure location requirements of this
chapter.
(13) Home occupations, as defined in this chapter. All home occupations shall comply with the provisions of
section 78-1376, and the licensing provisions of [section] 26-76, when applicable.
(14) One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back from
the public right-of-way.
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(15) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to the
provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar structures
equipped with wheels or mounted on a trailer shall be regulated as recreational vehicles. Ice fishing
houses and similar structures not equipped with wheels or mounted on a trailer shall be regulated as
accessory buildings and subject to accessory building regulations.
(16) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four consecutive days
and occurring no more than two times within one calendar year per property; and sales of personal or
recreational vehicles and equipment, limited to no more than two items per calendar year, and such
items for sale shall not be parked in any portion of the public right-of-way, public boulevard, or
required front yard except a designated, improved driveway.
(17) Laundry drying equipment.
(18) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(19) Apiaries when:
a. The property consists of a minimum of two acres in land area.
b. Maximum of six hives are permitted per acre of land.
c. All structures associated with honeybees must follow the accessory structure setbacks.
(20) Accessory dwelling unit.
(Code 1984, §§ 10.20(3)(M), (3)(N), (4), 10.27(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, §
3, 9-23-2002; Ord. No. 28 3rd series, § 9, 8-22-2005; Ord. No. 82 3rd series, § 22, 12-13-2010; Ord. No. 96 3rd
series, § 3(3.01, 3.02), 11-13-2012; Ord. No. 100 3rd series, § 5, 2-25-2013; Ord. No. 106 3rd series, § 9, 6-10-2013;
Ord. No. 222 3rd series, § 14, 12-10-2018; Ord. No. 264 3rd series, § 6, 11-22-2021; Ord. No. 279 3rd series, § 22,
11-14-2022)
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
(feet)
Interior
Side
(feet)
Side Street
(feet)
Rear/Street
(feet)
OHWL*
(feet)
Wetland
(feet)
Principal Building 100 50 100 100 75/100/150
+ ALS
25 or
MCWD
buffer
Accessory Building (AB)
<1,000 sf
100 20 100 20 75/100/150
+ ALS
25 or
MCWD
buffer
Oversize Accessory
Building (OAB)
>1,000 sf
100 50 100 100 75/100/150
+ ALS
25 or
MCWD
buffer
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Accessory Structures (AS) 50 20 50 20 75/100/150
+ ALS
25 or
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 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, 12-10-2018; Ord. No. 278 3rd series, § 1, 10-10-2022; Ord. No. 299 3rd series, § 8, 3-11-2024)
Secs. 78-396—78-415. Reserved.
116
Suggested Text Changes to Orono City Code Chapter 62 Animals and Chapter 78
Zoning Regulations
Proposed Definitions (Both Ch. 62 & 78):
Animal means any non-human living creature, including domesticated animals, dangerous animals and
farm animals.
Domestic poultry means birds or poultry kept within a coop that include female chickens or hens, doves,
pigeons, ducks, geese, turkeys and guinea hens. Domestic poultry does not include male chickens or
roosters.
Domesticated animals mean animals customarily considered as household pets that live in tame
condition, are not used for agricultural purposes, and are typically kept within the primary residence.
Farm animals mean livestock or animals that are kept for commercial or non-commercial agricultural
purposes. Farm animals include, but are not limited to, cattle, horses, mules, sheep, goats, swine,
ponies, honeybees, and domestic poultry.
Proposed Land Use Changes (Ch. 78):
Text to add in Accessory Uses of Residential Zone Districts, excluding RS zoning:
• Keeping of farm animals subject to the supplemental use standards in section 78-XXXX(1).
• Keeping of domestic poultry subject to the supplemental use standards in section 78-XXXX(2).
Keeping of Farm Animals (In Supplemental Requirements):
1) Farm animals, including domestic poultry, can be kept on a residential lot, subject to the following:
a) The property must be a minimum of two (2) acres in size.
b) Any building or structure associated with farm animals must meet principal building
setbacks of the underlying zoning district.
c) For the keeping of horses, there must be at least one (1) acre for the dwelling and two (2)
acres of open pasture for the first horse. For the keeping of more than one (1) horse, the
property must have one (1) additional acre of open pasture for each additional horse.
Calculations of minimum pasture acreage shall not include any land defined as a wetland or
wetland buffer under section 78-1602.
2) Domestic Poultry can be kept on a residential lot, subject to the following:
a) The property must be a minimum of one-half (1/2 or 0.5) acre in size.
b) Any building or structure associated with farm animals must meet principal building setbacks
of the underlying zoning district.
c) A maximum of five (5) birds can be kept on lots between one-half (1/2 or 0.5) acre and two
(2) acres in size.
117
Draft Minutes
Planning Commission Regular Meeting
Monday, April 21, 2025, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
7. NEW BUSINESS
7.1 LA25-000014, REVISIONS TO CITY CODE REGARDING THE KEEPING OF ANIMALS IN
RESIDENTIAL DISTRICTS.
The Planning Commission is requested to review the Staff report, receive a presentation, and discuss
possible revisions to City Code relating to farm animals and whether the code should list animals that are
prohibited or animals that are permitted.
The Planning Commission discussed the item and asked questions of staff.
Commissioners discussed the types of animals that could be allowed or prohibited and how regulations
could be varied based on zoning and lot size. The Planning Commission directed staff to draft proposed
language to add pigeons, doves and rabbits to the current code and define the number of those animals in
a unit; loosen regulations for cooped or penned animals for smaller lots, and define domesticated animals.
118
Animal Regulation Resources
University of Minnesota Extension (Animals & Livestock):
https://extension.umn.edu/animals-and-livestock
City of Minnetonka Farm Animals Code:
https://codelibrary.amlegal.com/codes/minnetonka/latest/minnetonka_mn/0-0-0-28350
City of Plymouth Animals Code:
https://library.municode.com/mn/plymouth/codes/code_of_ordinances?nodeId=CICO_CHXXIZOOR_S21
170AN
• Plymouth Keeping of Chickens Permit Application:
https://www.plymouthmn.gov/home/showpublisheddocument/22879/638338416799600000
City of Golden Valley Keeping & Maintenance [of Animals]:
https://library.municode.com/mn/golden_valley/codes/code_of_ordinances?nodeId=PTIGEOR_CH6AN_
ARTIIIKEMA_S6-71KECH
• Golden Valley Keeping of Chickens:
https://www.goldenvalleymn.gov/288/Keeping-Of-Chickens
City of Champlin Animals Code:
https://library.municode.com/mn/champlin/codes/code_of_ordinances?nodeId=PTIGEOR_CH10AN
• Champlin Chickens:
https://ci.champlin.mn.us/533/Chickens
City of St. Paul Keeping of Animals:
https://www.stpaul.gov/sites/default/files/2022-
07/Keeping%20of%20Animals%20Regulations%207%2019%2022.pdf
• St. Paul Keeping of Animals Permit:
https://www.stpaul.gov/sites/default/files/2024-
04/Keeping%20of%20Animals%20Permit%204%202%2024.pdf
119
Sign I n !
NAME
13.
ill
PLANNING COMMISSION
Date:
ADDRESS
U
PRESENT TO SPEAK FOR:
ITEM # PUBLIC COMMENT
�I
assistive listening device available upon request
Minutes
Planning Commission Regular Meeting
Monday, May 19, 2025, 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 Jon Ressler, Thomas
Brandabur, Andrew Jarnot, Kelly Prchal, Sam Tift, and Shane Weltzin.
Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis and City
Plainer Matthew Karney.
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
Ressler moved, Prchal seconded, to approve the agenda. VOTE: Ayes 7, Nays 0.
4. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF APRIL 21, 2025
Ressler moved, Ja�•not seconded, to approve the minutes of the Orono Planning Commission
meeting of April 21, 2025. VOTE: Ayes 7, Nays 0.
5. PUBLIC HEARINGS
5.1. LA25-000016, CHARLES CUDD CO LLC, 2545 DUNWOODY AVE., CONDITIONAL USE
PERMIT
The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and
deny or table the request for a Conditional Use Permit for expanded replacement retaining walls. Staff did
not believe the justification for the increased height of the retaining wall had been shown.
The Planning Commission discussed the item and asked questions of staff and the applicant, John Sonnek
of Charles Cudd.
Chair Bollis opened the public hearing at 6:23 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:23 p.m.
Commissioners noted that although the existing wall does appear to be failing, moving the retaining wall
back further to create a sand area was a choice and not a hardship. They pointed out that the applicant is
open to redesigning the wall height to lower it and to adding to the landscaping plan, and so favored
tabling it so the redesign can be reviewed by the Planning Commission again.
Prchal moved, Jarnot seconded, to table LA25-000016, 2545 Dunwoody Ave., Conditional Use
Permit. VOTE: Ayes: 6, Nays 1 (Brandabur).
Page 1 of 3
Minutes
Planning Commission Regular Meeting
Monday, May 19, 2025, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
6. NEW BUSINESS
6.1 LA25-000019, DARRYN BECKSTROM, 245 FERNDALE RD N., RPUD CONCEPT PLAN
REVIEW
The Planning Commission is requested to review the Staff report, receive a presentation, and discuss and
review the concept plan for rezoning to subdivide the one -acre property.
The Planning Conunission discussed the item and asked questions of staff and the applicant, Darryn
Beckstrom, Plymouth, daughter of the property owner.
Commissioners discussed the requirements and merits of an RPUD zoning district and whether the plan
for the three houses would blend with the adjacent neighborhood and if setback requirements could be
net. Commissioners were generally supportive of the concept plan as presented but asked for some
additional information such as the size of houses that could be built and how they would compare to the
adjacent neighborhood.
7.1 LA25-000014, REVISIONS TO CITY CODE REGARDING THE KEEPING OF ANIMALS IN
RESIDENTIAL DISTRICTS
The Planning Commission is requested to review the Staff report, receive a presentation, and discuss the
proposed text amendment regarding animals as accessory uses in residential districts. The proposal
defines different categories of animals and some alterations to zoning regulations regarding lot sizes.
The Planning Commission discussed the item and asked questions of staff.
Commissioners said the definition of farm animals could include roosters, which are excluded as
domestic poultry on smaller lots, or not use the term domestic poultry under farm animals.
Commissioners suggested the definition of domestic poultry should be more restrictive, with some of the
other kinds of fowl included as farm animals, and that the number of hens allowed in a domestic situation
should be different from the number of doves and pigeons permitted. Discussion centered on whether
permitted animals should be clearly defined or left open and what type of permitting should be required in
different zoning districts. Commissioners indicated the goal would be to allow a small number of hens on
smaller lots than the code currently permits. Setbacks for coops on residential half -acre lots would follow
the primary building setbacks with a formula for setback from neighboring structures. Building permits
would still be required.
Staff was directed to update the revisions to the code, incorporating the recornrnendations of the
Commission, and schedule a public hearing.
8. OTHER ITEMS
Community Development Director Oakden updated the Planning Commission on City Council actions,
noting that overall, the Council has been consistent with the Commission's recommendations.
Page 2 of 3
C!
Minutes
Planning Commission Regular Meeting
Monday, May 19, 2025, 6:00 PM
City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
9. ADJOURNMENT
Bollis moved, Prchal seconded, to adjourn the Planning Commission Meeting at 8:33 p.m, to June
16, 2025. VOTE: Ayes 7, Nays 0.
ATTEST:
Page 3 of 3