HomeMy WebLinkAbout11/06/2011- letter re: zoning , ►
Zoning Letter Form
A. Address of Subject Property: 3165 Casco Circle, Orono, MN 55391
B. Legal Description of Subject Property: Lots 36 and 37, Spring Park, including that
part of Lake Shore Avenue vacated
adjoining said lots heretofore vacated and
the land lying south of said lots by an
extension in a southerly direction of the
easterly and westerly boundary lines of said
lots to the short of Lake Minnetonka
C. Property Tax ID No(s).: 10-117-23-31-0098
D. Name and Address of Person Requesting Information: Janice Clark, Paralegal
Messerli & Kramer P.A.
100 South Fifth Street, Suite 1400
Minneapolis, MN 55402
Phone: (612) 672-3623
Fax: (612) 672-3777
Email: itclark(a�messerlikramer.com
E. Response Requested by: November 18, 2011
F. The use of the Subject Property is: Personal Residence/Homestead
(Information to be Supplied by Municipality.]
1. The Subject Property is designated in the According to 2008-2030 Community
Comprehensive Plan as: Management Plan, Map 3B-5: Existing
Land Use states: SF Medium Density
Residential, 0.6-0.5 per acre
2. The current zoning classification for the Subject LR-1 C, excerpt of City code attached.
Property is as follows (an excerpt of that portion of the
current zoning ordinance governing this zoning
classification is attached):
3. There are /are no pplications filed for the Subject
Property (e.g., ing, subdivision, special use permit,
conditional use permit, variance, site plan approval,
building permits, etc.) (For a brief description of all
filed applications, see Comments.):
•
4. The use of the Subject Property as described in Paragraph F, above, is:
a) Permitted a) X a)
b) Conditional (see Comments or attached documentation) b) b)
c) Nonconforming (see Comments or attached documentation) c) c)
(This section will not be completed if detailed information is not supplied in Paragraph F, above.)
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�O O CITY of ORONO
Municipal Offices
v�1 ��a �,��� � ,�v'� Street Address: Mailing Address:
"�'�� � ,e� �;� �r ,�,�'�� 2750 Kelley Parkway P.O. Box 66
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.� '�` '" Orono, MN 55356 Crystal Bay,MN 55323-0066
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November 16, 2011
TO WHOM IT MAY CONCERN:
RE: Zoning for 3165 Casco Circle
The property, 3165 Casco Circle (PID: 20-117-23-43-0026) is zoned LR-1C, One Family
Lakeshore Residential District.
If you have any additional questions, please feel free to contact me at 952-249-4620 or at
cmattson@ci.orono.mn.us.
Sincerely,
CITY OF ORONO
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hristine Mattson
Planning Assistant
Telephone (952) 249-4600 • Fax (952)249-4616
www.ci.orono.mn.us
•
5. There are records in the City files of unsatisf,e�. :�or . _a ��� � _�
J
fire, or other ordinance violation(s). (If "Yes° is checked, see Comments or
attached documentation for a description of all such violations.) X
6. Variances have been granted for the Property (see documentation attached). X
7. Flood Insurance Rate Map (FIRM):
Property appears to be in zone(s): See attached Firmette
Dated:
8. The Subject Property complies with all applicable subdivision and platting requirements and may be
sold or mortgaged as a separate parcel.
9. Comments:
10. This information was researched by the person signing this form on behalf of the City, on request, as a
public service. The undersigned certifies that the above information in Paragraphs 1 — 8 is believed to
be accurate based on or relating to the information supplied in Paragraphs A, B, C, and F; however,
the City assumes no tiability for errors or omissions. All information was obtained from public records,
which may be inspected during regular business hours.
CITY OF ORONO
By:
ignature
Printed Name:Christine Mattson
Title: Planning Assistant
Date: November 21, 2011
936426.1
-2-
Sub�tivision IV.
LR-1C One-Family Lakeshore Residential District
Sec. 78-346. Purpose.
The LR-1 C one-family lakeshore residential district is intended to provide a district which will
allow a combination of inedium-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. Because of the location of the
district near Lake Minnetonka, special regulations are necessary to protect that natural resource from the
effects of intense development. The district shall have immediate access to highways and public sanitary
sewer.
(Code 1984, § 10.25(1))
Sec. 78-347. Permitted uses.
Within the LR-1C one-family lakeshore residential district, no land or structure 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. If the city proposes amendment to the approved design plans or the placement of
the structure, notice of the proposed changes shall be mailed to all property
owners within 350 feet of the parcel on which the structure is to be located. If the
proposed structure is to be located within a public right-of-way, property owners
within 350 feet of the structure shall be mailed notice of the proposed changes.
Notice shall be mailed at least 14 days before the council meeting at which the
amended plans will be considered.
(2) Municipal buildings.
(3) Nonrental guest apartments (no exteriar ingress or egress). An apartment within the
principal residence structure on a lot for the sole use of the occupants of the principal
residence, including their domestic employees or nonpaying guests. The only means of
ingress or egress to the apartment shall be from within the principal structure. Application
for such a guest apartment shall address the concerns of parking, sewage treatment,
entryway and interior access method. Such apartments shall not have utilities metered
separately from the principal residence utilities and shall not have a separate street
address.
(4) One-family detached dwellings.
(5) Personal wireless service antennas and towers.
a. Purpose and intent. The purpose of subsection (4) of this section is to establish
predictable, balanced regulations for the siting and screening of wireless
communications equipment in order to accommodate the growth of wireless
communication systems within the city while protecting the public against any
adverse impacts on the city's aesthetic resources and the public welfare.
b. Personal wireless service antennas. Personal wireless service antennas erected on
a municipal water tower may be allowed as a secondary use by administrative
permit, provided they comply with the city policy regarding the use of city-owned
property for wireless telecommunication antennas and provided they meet the
following conditions:
1. The antenna shall be in compliance with the state building code and all
other applicable federal and state regulations and permits.
2. Structural design, mounting and installation of the antenna shall be in
compliance with manufacturer's specifications and shall be verified and
approved by a registered professional engineer.
3. No advertising message shall be affixed to the antenna.
4. Antennas shall not be artificially illuminated unless required by law or by
the Federal Aviation Administration (FAA) to protect the public's health
and safety.
5. When applicable, proposals to erect new antennas shall be accompanied
by any required federal, state, or local agency licenses.
6. Transmitting, receiving, and switching equipment shall be housed within
the existing structure. If a new equipment building is necessary for
transmitting, receiving and switching equipment, it shall be situated in the
rear yard of the principal use and shall be screened from view by
landscaping.
7. All obsolete and unused antennas shall be removed within 12 months of
cessation of operation at the site, unless an exemption is granted by the
city administratar or designee. The removal shall be the responsibility of
the communication provider.
8. Antennas shall utilize camouflaging techniques or shall be side-mounted
to an antenna support structure in order that such facilities are compatible
with the character and environment of the area in which they are located.
9. The applicant shall demonstrate by providing a coverage/interference
analysis and capacity analysis prepared by a registered professional
engineer that the location of the antenna as proposed is necessary to meet
the frequency spacing needs of the personal wireless service system and to
provide adequate portable personal wireless service coverage and capacity
to the area.
(6) Publicly owned parks and playgrounds.
(Code 1984, §§ 10.20(2), 10.25(3); Ord. No. 183 2nd series, § 4, 2-22-1999; Ord. No. 226 2nd series, §
1, 5-27-2003; Ord. No. 44 3rd series, § 5, 2-25-2008; Ord. No. 82 3rd series, § 14, 12-13-2010)
State Law References: State mandated permitted uses, Minn. Stat. §462.357, subd. 7.
Sec. 78-348. Conditional uses.
Within any LR-1C one-family lakeshore residential district, no structure or land shall be used for
the following uses without a conditional use permit:
(1) Crop farms, provided that:
a. The area is ten or more acres.
b. There are no dwellings on the land, except for one for the property owner or the
operator of the farm.
c. There are no accessory buildings or structures on the land other than those
allowed for a residential use.
(2) 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.
(3) Guest houses and nonrental guest apartments.
a. Guest houses, provided that:
1. The lot is at least two times the minimum lot area required by this section;
and
2. The guest house is for the sole use of the occupants of the principle
dwelling, including their domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egress, provided that:
1. The application for a guest apartment adequately addresses the concerns of
parking, sewage treatment, exterior access method, and interior access
method;
2. There is at least one access door to the apartment from inside the principal
dwelling and this door is the primary means of accessing the apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the
principal dwelling; and
5. The guest apartment is for the sole use of the occupants of the principal
dwelling, including their domestic employees and nonpaying guests.
(4) 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. When horses
are kept stabled and do not require pasture for feed purposes, the minimum
pasture requirement may be adjusted at the discretion of the council.
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 ar 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.
(5) 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 too be provided.
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.
(6) Places of warship, provided that all buildings and structures, except columbaria, are
located at least 50 feet from any adjacent property zoned for residential use.
(7) Planned residential development, limited to detached single-family dwellings only and
subject to the limitations of division 10 of this article.
(8) 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.
(9) Provision of a bathtub or shower in an accessary building. Approval shall be conditioned
on provision of municipal sanitary sewer or a conforming sewage treatment system
designed to handle the anticipated flows from the building plumbing. Approval shall be
granted only when the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a bathtub
or shower will not be detrimental to the residential character of the neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with the
intended use of the accessory building.
c. The accessory building is confarming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the property
providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
2. Used as a dwelling unless a guest house conditional use permit is
obtained.
3. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
(10) 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.
(11) 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.
(12) 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), 10.25(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. 226 2nd series, § 2, 5-27-2003; Ord. No. 28 3rd series, § 7, 8-22-2005; Ord. No. 44 3rd series, § 5,
2-25-2008; Ord. No. 45 3rd series, § 5, 2-25-2008; Ord. No. 79 3rd series, § 6, 11-8-2010; Ord. No. 82
3rd series, § 15, 12-13-2010)
Editors Note: Ord. No. 79 3rd series, § 6, adopted Nov. 8, 2010, set out provisions intended for use as subsection
78-348(19). 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 78-348(l2).
Sec. 78-349. Accessory uses.
Within any LR-1C one-family lakeshore residential district, the following uses shall be permitted
accessory uses:
(1) Buildings tempararily located for purposes of construction on the premises for a period
not to exceed time necessary for such constructing.
(2) Communication reception/transmission devices as follows:
a. Accessory antennas. Accessory antennas 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
principle use of property are permitted accessory uses in all zoning districts,
provided that 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 accessary antenna may be
placed on the roof of any authorized structure on the premises.
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. 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 tower from the property line.
(3) Gardening and other horticultural uses, including aviaries and decorative landscape
features.
(4) Home occupations, as defined in this chapter. All home occupations shall comply with
the provisions of section 78-1376, and the licensing provisions of 26-76, when
applicable.
(5) One 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.
(6) Private docks, subject to this code and other applicable regulations, including boat
storage density requirements.
(7) Private garages and parking space.
(8) Private swimming pools, tennis courts, and paddocks.
(9) Signs, as regulated in this chapter.
(Code 1984, §§ 10.20(4), 10.25(5); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3,
9-23-2002; Ord. No. 82 3rd series, § 16, 12-13-2010)
Sec. 78-350. Area, height, lot width and yard requirements.
(a) Height. No structure or building in the LR-1C district shall exceed 2 1/2 stories and shall
not exceed 30 feet in height except as provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot Area(acre) Lot Width(feet) Front Yard(feet) Side Yard(feet) Rear Yard(feet) Side Yard Adjacent to
Street(feet)
0.5 ]00 30 10 30 15
(Code 1984, § 10.25(6); Ord. No. 18 3rd series, § 3, 9-27-2004)
Secs. 78-351--78-365. Reserved.
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