HomeMy WebLinkAboutOct.-Dec. 2000 - letter corresponces re: new construct. � �
October 24, 2000
Ron Moorse
Administrator of City�f Orono
2750 Kelley Parkway
Orono, Minnesota
Dear Mr. Moorse:
Ple�se accept this letter as a fc�rmal complaint, by the undersigned homeowners,
with regards to the excessive amount of allowable hard cover occurring on the residential
construction at 2696 Caroline Avenue, Orono, Minnesota.
Jeremy and Robin Bupp are the names of homeowners per the Certificate Of
Survey, which was conducted by Alta Survey Co., Inc. The builder is purported to be
Stephen Longman Builders, inc.
We are herewith attaching the survey conducted by Alta Survey Co., Inc. certified
as of 10-9-00 and signed by Ronald L. Knieger, Registration number 14374 and pmject
rnimber 99056.
Said survey, in our opinion, enone�usly shows the lot area as 35000 squa.re feet.
As this lakeshore residential lot is within 1000 feet of lakeshore it is zoned LR-1C and
classified as General Development. For all lots in this classification of 0-1.99 acres in
total area, the total combined footprint areas of all principle and accessory structures
shall not exceed 15 percent af the lot area. 35000 square feet multiplied by 15% equals
5250 square feet allowed structure area. However, the consultant's calculation, as
attested to by the attached document, shows the respective lot area as having 31,549.79
square feet, multiplied by 15% equals 4732.46 square feet allowed structure area. This is
a major difference of 3450.21 less total square feet resulting in 517.54 square feet less �f
allowed structure area.
Allowing for the 75 foot hardcover zone the Aita survey further shows the lot area
to be 24700 square feet, multiplied by 25% or 6175 square feet total all�wable hard
surface. However, the aforementioned consultant's calculations allowing for the 75 foot
hardcover zone, shows the respective lot area ta be 22,418.54 square feet, multiplied by
25% equals 5604.64 square feet totai allowable hard surface areas.
The Alta survey shows the house under constniction as having 4194 square feet.
Whereas, the consultant's computations usin�the same Alta survey data shows the house
as being 4748.67 square feet. This is a major difference �f 554.67 square feet.
The above footprint figures show that in both categories, the 15% and ZS% the
hardcover exceeds that which is aliowed by the City of Orono, Zoning Ordinance.
.. ..
The aforementioned calculations of the consultant do not include the
measurements for the eaves, deck, patio or shed. As a matter of fact, measurements for
the eaves are not included in the footprint. Also, please note that the patia as per the
footprint measures 298.50 square feet rather than 240 square feet indicated. For your
information the eaves on the East,North,West and 34.34 feet on the South side of the
house appear to be 4 feet in width. Whereas the eaves on the South side of the house
immediately adjacent to the Kadlec residence, totaling 26.feet 3 inches (as measured by
Lyle Oman) appear to be 5 feet in width. Please refer to your blueprint for the exact
measurements of the house. Needless to say, the measurements for the eaves, stoap,
driveway, pati�, deck and retaining wall should be included in the hardcover calculations.
As you are aw�re, we have stated our concerns many times in the past to no avail.
Please give this matter your immediate attention, as time is of the essence as more
hardcover is occurring daily and we the undersigned homeowners are extremelv
concerned about the excessive hardcover and the proper drainage and protection of our
properties. We highly suggest that any fiirther constnxetion resulting in rriore hard cover
be suspended until this matter effecting the neighbors is satisfactorily resolved.
Thank you for your time and attention in this matter. If you which ta contact ane
�f the homeowners listed please call Joseph Clem�ns at 612 471 0733.
Sincerely, � �� �
� ,, � -c�c���r�✓
� J:��-�/j1.4
Jos ph Clemons � ggy Kadlec Thelma Pulver
2690 Caroline Avenue 2726 Caroline Avenue 2691 Caroline Avenue
Orono, Nlinnesota Orono, Minnesota Orono, Minnesota
i, Ron Moorse, do hereby acknowledge receipt of this letter.
Date
Signature
October 23, 2000
To Whom it May Concern:
I have reviewed the Certificate of Survey from Alta Survey Company, Inc., certified or�bctober
9, 2000, for the house under construction for Jeremy and Robin Bupp at 2696 Caroline Avenue,
Orono, MN. I have calculated the areas of the lot and house to be as follows:
Lot area: 31,549.79 sq. ft.
House area: 4,748.67 sq. ft. (not including the eaves, deck, patio, and shed)
I arrived at these figures using simple algebraic and geometric mathematical calculations. I am
more than happy to provide, upon request, a detailed explanation of how I calculated these
figures.
Sinc ely,
�
Darren Waldre
(763) 519-0909
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a 70TAL 6060 SF" (g8.1 % of aBowable)
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�r �.. ,� ` CITY of ORONO
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� G SVeet Address: Mailing Add�ess:
l,� g,�i ; "
liCEggO 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
November 2, 2000
Jeremy and Robin Bupp
19735 Chartwell Hill
Shorewood, MN 55331
Dear Mr. and Mrs. Bupp:
This letter is to advise you that the City is in the process of addressing concerns regarding the
construction of the new house at 2696 Caroline Avenue. The concerns relate to inconsistencies
between the initial property survey and the as-built survey, between the initial building plans as
approved in the building permit and what has actually been built, and between your surveyor's
calculation of lot area and hardcover and calculations submitted by a group of area property owners.
This letter is also to advise you that any additional work on the property that would add hardcover
prior to resolving the inconsistencies will be done at the risk of being in violation of the City's
building regulations.
On September 29, 2000,the City's Chief Building Official made a number of ineasurements on the
site that showed inconsistencies between what was approved on the building plan submitted with
the building permit application and what was actually built. The first week in October,the Building
Official requested an as-built survey. The as-built survey, which was provided in mid-October,
included updated hardcover numbers. A group of area property owners has had a consultant
calculate the lot area and hardcover numbers based on the as-built survey. The consultant
calculations indicate a substantially smaller lot size and substantially higher hardcover numbers. �
Also in reviewing the survey,a lakeshore as it runs past the property to the west moves substantially
to the south/southeast, which appears to bring it well within 75' of the property at 2696 Caroline
Avenue. If this was not taken into account in the hardcover calculations,the area of the 75-250'zone
could be significantly reduced. Based on these uncertainties and inconsistencies, the City is
concerned that a variety of issues could arise regarding the compliance of the new house with the
City's building regulations, including hardcover and lot coverage.
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
Jeremy and Robin Bupp
November 2, 2000
Page 2
On October 26,the City called your surveyor to advise him of the survey inconsistencies and asked
him to respond. To-date he has not responded. The City is in the process of reviewing all of these
issues to ensure the house is in compliance with the City's building requirements. If you have any
questions, please call me.
Sincerely,
��:,'�i '�
Ronald J. oorse
City Administrator
RJM/lsv
THOMPSON��'THOMPSON
LAa'OFFICE
Gary A.Thompson' PLLP P�one 952-474-3221
Kay M.Thompeon 17717 Hi�hway Seven Fax 952-474-2575
Minneton�xa;MN 55345
'Real Properky Law Specia�iat
CertiEied by i�linnesota State
Bar Association
December 18, 2000
BY FACSIlVIILE AND
U.S. MAIL .
Ron Moorse . - - -
City of Orono
P.O. Box 66
Crystal Bay, Minnesota �5323
Re: 2696 Caroline Avenue
My Clients: Mr. and Mrs. Joseph Clemons
File No. 1024-1
Thank you for taking the time to speak with me on the telephone on December 14�'
regarding the new construction at the above address. As I indicated, I represent one of
the neighbors, Mr. and Mrs. Clemons.
You are aware of their concerns about drainage and hardcover. I understand the city is
obtaining its own engineering�:firm's measurements and calculations regarding the size of
the new structure and hardcover components as well as calculating the permitted
hardcover. You indicated that I could contact you ne�ct week to see if you had obtained
those calculations and/or survey drawing accompanying them.
The owner's engineer originally submitted a survey and a revised survey showing the lot
area was 35,000 square feet. You tell me that engineer has now contacted you amending
that calculation down to approximately 33,000 square feet. I will ask you for a copy of
that survey drawing showing that certification also. You are aware that the neighbors
submitted to you calculations from another consultant showing the lot area to be
31,549.79 square feet. You tell me that your engineering firm has not been asked to
compute this lot azea. If you do not obtain your own calculation of lot area, you cannot
rely on the owner's engineer who first told you first 35,000 square feet and now tells you
33,000 square feet. We would urge you to have your engineering firm determine the lot
area to resolve the difference between the numbers that have been submitted to you.
Regarding a drainage plan, I note your ordinance requires a formal drainage plan be
submitted for protection of the adjoining properties. You said the original building plans
submitted had some drainage information on them which the owner asked the city to
accept as the drainage plan. Because of the great increase in hardcover on that property,
which will now be much closer to the property lines, it is clear that drainage will be a
tricky problem. There is not much room between the two houses to carry the
significantly increased amount of runoff from the hardcover. To avoid the problems that
will surely arise from an inadequate drainage solution, the city must require a more
formal engineered drainage plan with specific elevations, contours and sewer piping, if
♦ �
Ron Moorse
December 18, 2000
Page 2
used, so that your building of�'icials and engineers can make a determination of whether
the proposed plan will actually be sufficient. The city has a responsibility to sign off on
the drainage plan for the protection of the neighboring properties before it is built, rather
than waiting to see if a vaguely drafted plan actually works. If it doesn't work, it
becomes a serious problem to the adjoining owners, which should have been avoided by
proper design and review by the city.
In this case, where the hardcover is greatly increased and moved closer to the adjoining
houses, we urge you to take a more formal design and review procedure to this drainage
question before the construction is complete. ��'e believe this is a requirement of your
ordinances.
Regardinb the large amaount of eYcavated dirt still remaining on the lake side of the
property, we agree that no filling or change of grade can occur within 75 feet of the
shoreline pursuant to your ordinance. The amount of dirt remaining is substantial and is
more than will be used to backfill around the edge of the house. None of it can be graded
down to within 75 feet of the shoreline. Leaving that amount of dirt between the house
and the 75 foot line will more substantially affect drainage to the adjoining properties as
discussed above. We urged the city to be diligent in monitoring the use of the remaining
dirt fill on the property.
If the calculations you will receive from your o«n engineer agree that the house area
already exceeds the 15% allowed for structures, �z-e will look to the city to protect the
adjoining owners from that limit being exceeded. The neighbors will also insist that the
City enforce the hardcover restrictions with (a) the proper calculation of the lot area and
structures, and (b) inclusion in the hardcover numbers the complete roof area, sidewalks,
driveways, patios and decks, retaining walls and other areas that do not allow absorption
(your ordinance).
Finally, the patio under the existing proposal or an�� revised proposal which lies within
the average set back line is a structure under e�-ery zoning definition of which I am
aware, including your ordinance at Section 10.02, paragraph 69. It is considered part of
the house structure or a st�tzcture on its own that cannot be built within the average set
back line. Your ordinance Section 10.56, parz�aph 6 provides exceptions only for
. stairways, lifts, landings and lock boxes. A patio or deck attached to the principal
structure is part of the principal structure and in no way falls within those exceptions.
Therefore, building of a patio across the average �et back line would require a variance
from the set-back requirements.
. �•►
Ron Moorse
December 18, 2000
Page 3
I will contact you during the week of DeGember 18�' to see whether you have received
updated information which would help settle some of these issues. Thank you much for
your consideration in this matter.
�j�
ry A. T�fompson
�
GAT/se
cc: Mr. and Mrs. 7oseph Clemons
Honorable Gabriel Jabbour
Barbara Peterson
7ay Nygard
Bob Sansevere
. �
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948 . 4
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�� DEPRESSION CONTOUR
�t - OBSCURED CONTOUR
Water X 955•6 SPOT ELEVATION
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Scale in Feet
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' Contour Interval 2'
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T117N . R23W
2.8 HENNEPIN COUNTY
FOR
Orono . Minnesota
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1 � �o�.. _ss �oQ �- ' , � �.95°° 25a �. �6 TOP FO:UND'.ATION�952.8 H ' ' W " �
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� \ \ 1 s? ���,� o a ��, \? e�� EXI�T H --; �LOT AREA 35;000�. S.F: / 0.80� ac
�g� / � � � —, X 15.% = 5250 S.F. ALLOW�:ABLE �TRI'JCTURE AREA P;�'2i'-s� He ARE I
� \' QQ � ' � AR 7,00.PROP HS
� m �' � n �CERT 4/13{00, I
� p�v� _�/ i ) � / MAY 10„HOUSE
\ �95z5 ��`G �`�'6'� � ; 2'I;6 ' - � � oarE
�\ �L��� � J ���� HOUSE = 40$0 S.F. 'LOTi ARE,A' iT0 75' SETBACK , 2470Q: �.F. / 0.57: ac ocr zs, ss.
Df�IVEWAY = .1295 S.F. ��� ��
J, N�a PATIO =.24D S.F. F�o�ecT r�.
� p. � x 25� = 6175' S.F. TOTf#L A!LLOWJ�BLE HARD�tJRRACE
� �
S�OOP WALK = 290 S.F. �99a56
SHEET I�;�.
E \�,953� 9�1� ��� 1
� � , ` TOTAL = 5905 SF. � � 1
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AL TA SurVey Company In c.
7086 �Iwy 8
Saginaw, Minnesota. 55779
218-729-0796
y 3 5 - 00,6�
Jan 8, 2001
�r�g �rappa .
City of Orono
Re: Bupp Residence
Dear Greg
I have enclosed 2 copies of revi�ed Certificate of Survey
of above per Steve Longman.
Please call with any questions,
Randy S rn
cc: Steve Longman
• § 10.03
,`
E B. The establishment of any new building for the
housing of animals or fowl shall be located I50 feet from the
nearest lot line.
Source: Ordinance 26 , 2nd Series
Adopted: 7-14-86
C. Products Froduced on the farm may be sold at
retail. One temporary roadside stand may be established for
conducting such business. One temporary business sign not over
eight square feet in area may be located in the front yard during
the period when products are for sale. Off-street parking must be
provided for.
Source: Ordinance No. 172
Effective Date: 1-1-75
Subd. 19. Prohibition. It is unlawful for any person to
remove, fill , or use for fill , dredge, store or excavate rock,
sand, gravel , dirt or similar material within the limits of the
City; to fill or reclaim any land by depositing such material or by
grading of existing land so as to elevate or alter the existing
natural grade; or to build, alter, or repair any seawall, retaining
wall , or to otherwise change the grade or shore of lakeshore
property without a conditional use permit issued by the Council.
All of the above referenced land alterations involving filling and
grading shall be performed with only "clean fill" as defined in
Section 10.02. Granting of such permits is subject to other
regulations and prohibitions of the City Code, and other applicable
statutes or ordinances of other governmental bodies.
� Source: Ordinance 47 , 2nd Series
Adopted: 2-22-88
Subd. 20. Permit. An application for such Fermit shall
be accompanied by a drawing made by a registered surveyor or other
com�etent person showing the location of the proposed excavation or
storage and shall state the amount of material which is to be
removed, excavated or stored, filled or graded, and such other
information as the Council may require from time to time.
Applications shall be filed with the City Administrator and shall
be accom�anied by a deposit to be determined by the City, which
will be used to offset the cost of processing the application. Any
unused portion will be refunded to the applicant.
ORONO CC 258 ( 4-1-84 )
M § 1�. 03
t � Subd. 21. Exception. The requirements of Subdivision 19
are not intended to govern the normal and customary grading in the
area of an existing or a newly constructed building, or the grading
cf the driveway serving such building, nor to any movement under
100 cubic yards which does not adversely impact the existing
drainage. Such grading and earth moving shall be approved by the
Building Inspector at the time of issuance of the building permit,
providing that a p lan showing proper drainage and protection of
adjoining property has been submitted. Any unusual earth filling,
removal or grading pro�osed by a builder shall be referred by the
Building Inspector to the Planning Commission and the Council for
action in accordance with this Chapter. The Building Inspector
shall adhere to the following guidelines in the determination of
unusual Iand alterations:
1. All excavations for foundations in excess of 12
feet if any amount of the excess material removed below 12 feet
depth is to be stockpiled on the site.
2. Any additional fill brought on site in excess of
100 cubic yards except for fill required to raise grade for
adequate frost footings protection.
3. Grading or alterations that would propose any
changes in elevations within 5 feet of adjacent residential Iot
lines except for drainage swales and ditches.
Source: Ordinance 26 , 2nd Series
Adopted: 7-14-86
Subd. 22. Rip-rap Defined. Rock placed at water level
of lakeshore to prevent erosion of shoreline by water action.
Subd. 23. Permit Required. The requirements of
Subdivision 19 are not intended to govern the normal and customary
rip-rap of lakeshore �roperty. It is unlawful for any person to
rip-rap lakeshore property within the limits of the City without a
permit issued by the City Engineer. Any unusual rip-rap shall be
referred by the City Engineer to the Planning Commission and the
Council for action in accordance with this Chapter.
Source: Ordinance No. 167
Effective Date: 6-25-74
Subd. 24. Ap� lication for Permit. An application for
such permit shall be accompanied by a drawing showing the location
of the proposed rip-rap and such other information as the City
Engineer may require from time to time. Applications shall be
filed with the City Administrator and shall be accompanied by a fee
in the amount prescribed by the current City fee schedule payable
to the City.
Source: Ordinance No. 196
Effective Date: 8-22-77
ORONO CC 258-1 ( 4-1-84 )
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�� , BU1LDIi�(G P IT_�LAN REVIEW �
tNSPEC70R ' ����~
DAT (�' "1 - O J pERMtT NO._____.__--- �
❑ APPROVE�AS SUBMITTED � _ �
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OT APPRQVED--CCR�cCT&P�ESUf3AhiT _ ` �!.
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'}r;ese commen?s era tor your inicrnation.Atl work shall be dor�o ��t� g '' I
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TO: Greg Gappa, Public Services Director
FROM: Ron Moorse, City Administrator � ' ��
DATE: September 18, 2000
SUBJECT: Concerns of Neighbors Regarding New Home Construction on Caroline Avenue
I have received several calls from the neighbors of a property on Caroline Avenue on Casco Point
expressing numerous concerns about the construction of a new house on a tear-down lot next to their
property. I followed up with Lyle on several of the concerns,but they have called with mare. Please
follow-up to review the following concerns:
1. When the foundation was excavated, they placed all of the excavated material onto
the lakeshore side of the house. When the neighbors notified Lyle about this,he had
them hau180 tandem loads of the material away. The neighbors say there are sti1130
loads left to haul away,but now that the house is built,there appears to be no way to
get trucks into and out of the lakeside yard to haul the material away. What is the
status of this fill?
2. The neighbors indicate the site was filled to raise the elevation by 4-6' for the house
foundation. This filling, as well as the fill placed onto the lakeside yard of the
property, has totally changed the drainage on the site. The drainage used to flow
naturally to the east. The property now slopes considerably toward the neighbor's
yard. Lyle has indicated a swale will be installed to keep the drainage off of the
neighbor's property. I have several questions regarding this situation.
a. Has the drainage on the site been significantly changed due to fill being
placed on the site?
b. If so, do we have authority to approve or deny this type of filling?
c. If not, why not?
d. If yes, why did we allow the filling?
e. Did you or Tom Kellogg review drainage issues prior to authorizing the
filling?
f. Is it going to be possible to direct the drainage away from the neighbor to
ensure their property receives no more drainage than it did priar to the new
house? If so, how is this going to be accomplished?
Concerns of Neighbors Regarding New Home Construction on Caroline Avenue
September 18, 2000
Page 2
3. The neighbor indicated the eaves on the house are 4-6' wide vs. normal eaves of
about 1'/2' wide, and that they encroach far into the side setback. What do >our
regulations say about eaves in relation to side setbacks?
4. The neighbor has indicated the other neighbor's surveyor told her the house is bigger
than the plans that were approved by the City. Is this true or false?
�5. Several years ago a new house was built on the neighboring street (Ethel). This
���'� � ouse was built up to th etback line,and the owners were prohibited from building
a patio on the lakeside of the home. The new house on Caroline Avenue is being
built up to the setback line,and they are being allowed to build a patio in the lakeside
yard as long as it is not more than 30" above grade. What are the City's regulations
in relation to this patio? And what is the difference between this property and the
property on Ethel in relation to the ability to build a patio?
Greg, please follow up on this by Wednesday, September 20. Thanks for your help.
STEPHEN LONGMAN $UILDERS 9529438278 P. 01
STEPHEN
LON�MAN
BVILDERS
�,A�CSIMILE TRA,NSMISSION
DATE: 9-25-00
T`O: Lyle Oma�
FAX NO: 952-249-4616
FROM: Steve Longx�an
V�% are send�zag a total of 1 pages, ir�cludang this cover page.
�� you do not receive all pages, or are expeziencing other
transmission problems, please call (952) 943-8226. Thank you.
RE: Bup� Project
2696 Caroline ,A,ve.
�,yle,
The follow�ng in�ormation was pxovided to me by:
Randy Stexn
Alta Survey �mc.
Offyce: 546-8922
Mobile: 250�2718
The existing elevat�on, at the center of the p�roposed patio was
948.5. We understand that the maxa�um allowable fi11 above this
point is 30" or a final elevat�on o� 951.00. This is what �s marked on
t�te foundation wall frotn oux pxevious meeting. P1.ease call if I can
be o� �urther help.
S�ncerely
S-� ^ 10oi2 GRISTMILI RIpGE
�x,.,�.�_
EDEN PRAIRIE, MN S5347
9 5 2 - 9 d :� . R � 9 fi
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'�! _�,;::A.t�::-=�. �, i i CITY of �RONU
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�,,',,�► , �.t. ,." �,� Municipal Offices
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� �� �:+.: ,.,� .� Street Address: Mailing Address:
`q$EggOg' 2J50 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
September 28, 2000
Steve Longman
Steve Longman Builders
10012 Gristmill Ridge
Eden Prairie, MN 55347
Re: 2696 Caroline Avenue
Dear Mr. Longman:
Concerns from neighbors of 2696 Caroline Avenue have brought certain issues to light that need to
be addressed. They are as follows:
1. The property at 2726 Caroline Avenue has a jog that protrudes in front of your lot.
This is an issue because it determines where your lot can be accessed.The City must
require your surveyors to stake the corner and show the drive a minimum of 5' from
the lot lines.
2. Your surveyor needs to show an accurate measurement on the east end wall.
3. The deck as constructed is too large and extends into the average lakeshore setback.
The deck must be reduced to meet the setback.
4. Your surveyor needs to justify the elevation of existing grade at the patio.
5. The survey must show the change in the garage configuration.
6. A grading plan must be submitted to show the proposed grading in the lake shore
yard.
7. The�29.4 elevation(O.H.� must be shown on the survey.
8. Surveyor must submit revised H.G Calculation and As Built Survey of the house.
Please provide a revised survey and reduce the deck before 10-9-00.Thank you for your cooperation.
Sincerely,
� l.�
L e Oman
Building Official
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
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� \ QP ' • � REV HOUSE 7/24/00 " `�
\ '� ��f E � n 1-21-99 HC AR
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� z5 �� �R ` ' - � HARDCOVER CALCS. 10/6/2000 REV-AS81lT HSE, CERT��3ioo H5
�95 - a G�. � 6� Xk95 , Z� 6 � HAROCOVER, DRIvE, MAY io HousE
� �%L2 ;� �� HOUSEAB= 4194 SF GRADING 10/6/00 �A��
� ``��� � � �'9s STOOP= 268 ;F LOT AREA 35000 S.F. / 0.80 ac ocr 2s, s9
� " � � ��� DRIVE =1277 SF X 15% = 5250 S.F. ALLOWABLE STRUCTURE AREA ;�o,��T „o.
n 99056
� � 9�0 952�' �� PATIO =240 SF LOT AREA (TO 75' SETBACK) 24700 S.f. / 0.57 ac ���T �p
� �' • PATIO RET • X 25� = 6175 S.F. TOTAL ALLOWABLE HARDSURFACE
° � 1 WALL = 80 SF �
� TOTAL 6060 SF (9g,� % of aBowable)
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