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Hennepin County Property Map - Tax Year: 2007
The tlata containetl on this page is derived from a compilation of remrtls ana maps and may contain tliscrepancies that can onty be disdosed by an accurate survey pertormed by a licensed
land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The information on this page should be used for reference purposes only. �
Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of[his information or its derivatives. �
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Selected Parcel Data Date Printed: 12/18/2007 8:54:46 AM
Parcel ID: 18-117-23-14-0005 Current Parcel Date: 12/OS/2007
Owner Name: M T WHITTINGTON,]A GROENKE
ParCel Address: 1981 FAGERNESS POINT RD,ORONO, MN 55391
Property Type: RESIDENTIAL LAK Sale PriCe: $550,000.00
Homestead:HOMESTEAD Sale Date:OS/2000
Area (sqft): 29899 Sale Code: VACANT LAND
Area(acres): 0.69
A-T-B:TORRENS
Market Total: $1,185,000.00
Tax Total: $9,866.42
http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=1811723140005 12/18/2007
"*Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Please see Planning Staff for specific questions or for issues not addressed below.
Sec. 78-1. Definitions.
Building height means the vertical distance between the hi�hest adjoining ground level at the building or ten feet
above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line of a mansard roof,
or the uppermost point on a round or other arch-type roof,or the median height of the highest gable of a pitched or hipped
roof. Topographic changes which elevate the adjoining ground level above the existing terrain shall not be considered in
determining building height. For a pitched or hipped roof situation,regardless whether the highest living space in a building
is a half-story or full story, if the highest living space contains windows(excluding skylights)the upper measuring point for
defining building height shall be the median height of the top of the highest window and the highest peak of the roof.
Half story means the uppermost floor of a building in which(i)the intersection of the exterior wall and the roof is
not more than three feet above the floor elevation,and(ii)not more than 60 percent of the floor area within the exterior walls
of the upper►nost floor exceeds five feet in height as measured from the floor to the rafters. Floors exceeding these parameters
shall be deemed a full story.
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 followin minimum re uirements shall be observed:
Lot Area(acre) Lot Width(feet) Front Yard(feet) Side Yard(feet) Rear Yard(feet) Side Yard Adjacent
to Street(feet)
0.5 100 30 10 30 15
Sec. 78-1279. Placement of structures on lots.
When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be
located as follows:
(1) Structure and on-site sewerage system setbacks (in feet)from ordinary high water level:
Setbacks
Sewa e
Public Water Structure Treatment
Classification Unsewered Sewered S stem
NE 150 150 150
RD 100 75 75
GD 75 75 75
Tributa 100 75 75
(2) Additional structure setbacks. The following additional structure setbacks apply,regardless of the
classification of the water body:
Setback from: Setback(in feet)
To of bluff 30
Un latted cemetery 50
Right-of-way line of 30*
federal, state or county
highway and local
ublic and rivate roads
* Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less
restrictive side yard adjacent to street setbacks as regulated in the various zoning districts.
(3) Bluff impact zones. Structures and accessory facilities,except stairways, landings and lock boxes,must not
be placed within bluff impact zones.
(4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels
without public waters frontage, or, if located on lots or parcels with public waters frontage,must either be
set back double the normal ordinary high water level setback or be substantially screened from view from
the water by vegetation or topography,assuming summer, leaf-on conditions.
(5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock
located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per
1
*"Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Please see Planning Staff for specific questions or for issues not addressed below.
section 78-1282. Retaining walls shall not be placed within the share setback zone.
(6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than
the average distance from the shoreline of existing residence buildings on adjacent lots; except that this
does not apply to stairways, lifts, landings and lockboxes.Further,the average lakeshore setback shall
apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be
a straight line connecting the most lakeward protrusions of the residence buildings on the immediately
adjacent lakeshore lots.
a. In instances where the average lakeshore setback can not be met,administrative approval may be
granted at the discretion of the planning director provided no lake views of an adjacent lakeshore
lot are obstructed and adjacent neighbors provide written approval.
Sec. 78-1288. Hard cover limitations.
(a) No hard cover or impervious surface shall be placed, located or constructed within 75 feet of the ordinary
high water level of any lake or tributary, except for stairways, lifts, landings and lockboxes as regulated elsewhere in this
Code.
(b) Between 75 feet and 250 feet of the OHWL,there shall be no greater than 25 percent hard cover. Between
250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. Between 500 feet and 1,000 feet of
the OHWL there shall be no greater than 35 percent hardcover.
(Ord.No. 101 2nd series, § 1(10.56(16)(L)),2-24-1992)
Sec. 78-1403. Lot coverage.
In all zoning districts, for all lots of 0--1.99 acres in total area,the total combined footprint areas of all principal and
accessory structures shall not exceed 15 percent of the lot area. Exception: Regardless of lot area,every developed lot shall
be allowed at least 1,500 square feet of lot coverage by principal residence and garage structures. The following shall be
included in calculation of lot coverage by structures:
(1) All roofed structures more than six feet above grade level.
(2) Tennis courts,patios, decks, and all similar open structures when partially or fully enclosed by fences,
railings or walls which extend more than six feet above grade level (If any portion of such structures
extends more than six feet above grade level,the entire structure shall count toward lot coverage).
(3) Building protrusions which are more than six feet above grade, including the building footprint, and the
vertical projection of any parts of the building more than six feet above grade.
(4) Bays or bay windows that increase the floor area(i.e., floor to ceiling)shall be considered lot coverage.
Bays or bay windows that act solely as a window shall not be considered lot coverage.
(5) All but the outer two feet of roof overhangs shall be included in the calculation of lot coverage.
Sec. 78-1405. Nonencroachments.
The following shall not be considered to be encroachments on yard requirements:
(1) Chimneys, flues,belt courses, leaders, sills,pilasters, lintels,ornamental features,mechanical devices,
cornices,eaves,gutters and the like,provided they do not extend more than 1 1/2 feet, off-street parking
except as regulated in this section.
(2) Nameplate signs for one-family dwellings; lights for illuminating parking areas, loading areas or yards far
safety and security purposes, provided the direct source of light is not visible from the public right-of-way
or adjacent residential property,may be located to within five feet of the front lot line.
(3) Terraces, steps,uncovered porches, stoops or similar structures which do not extend above the height of the
ground floor level of the principal building and extend to a distance of not less than two feet from any lot
line.
(4) In side or rear yards only,bays not to exceed a depth of two feet nor to contain an area of more than 20
2
""Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Please see Planning Staff for specific questions or for issues not addressed below.
square feet, fire escapes not to exceed a width of three feet, and open off-street parking.
(5) In rear yards only,balconies,breezeways,detached outdoor picnic shelters and recreational equipment
except as otherwise regulated;no accessory structure shall be closer than five feet from a rear lot line.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line.
(7) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the
following standards:
a. Nonlakeshore lots.
1. Fences and walls within a required front yard or side street yard shall not exceed a height
of 42 inches above original grade.
2. Fences and walls within a required rear or side yard shall not exceed a height of six feet
above original grade.
b. Lakeshore lots.
1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not
exceed 42 inches above original grade. Exception: A fence not exceeding six feet in
height may be located along the street lot line of a lake frontage lot which abuts a major
thoroughfare.A major thoroughfare for purposes of this section means any county road
or state highway. If such fence involves fill or berming,the total combined height of both
fence and fill shall not exceed six feet above the height of the crown of the major
thoroughfare.
2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,
and any portion located lakeward of the average lakeshore setback line shall not exceed
42 inches in height. The term "average lakeshore setback line" means a line drawn
between the most lakeward projection of the fence owner's principal residence structure
and the most lakeward projection of the adjacent affected principal residence structure.
3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e.,
shall not be located within 75 feet of the shoreline for general development lakes, 100
feet for recreational lakes, or 150 feet for natural environment lakes.
c. Special provisions. Split rail fences of no more than three rails within a required front, street or
side street yard may have a maximum top rail height of 48 inches above ariginal grade. Board rail
fences within a front, street or side street yard for the specific purpose of enclosing permitted
domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent
opaque.
d. lntersection sightline obstruction prohibited. No fence shall be installed so as to obsmzct a
required clear view at street intersections as required by section 78-1371.
e. Fence construction and maintenance.
1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance
and shall not allow it to become or remain in disrepair or in a dangerous condition.
2. Fences shall be installed with the finished side facing neighboring properties or the street.
The term "finished side" means that side having no structural supports.
(8) Entrance monuments,defined for the purpose of this section as a nearly permanent physical structure or
3
""Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Please see Planning Staff for specific questions or for issues not addressed below.
object, natural or artificial,used to depict an entrance to the property,erected in all residential zoning
districts are considered nonencroachments when they conform with the following standards:
a. Each monument,with a maximum of two, shall be limited to a single pillar with a footprint
measuring no larger than 25 square feet and no length to exceed five feet;
b. The monument must be setback a minimum of five feet from all property boundaries and never
fewer than ten feet from the edge of the paved,traveled roadway;
c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval
by the planning director;
d. All signage proposed far the monuments must comply with section 78-1467;
e. The monuments are limited to eight feet in height including any appurtenances. Any monument
exceeding the maximum height must meet principal structure setback requirements;
f. When more than one monument is proposed a minimum horizontal width of 12 feet is required
between them;
g. Lighting is allowed, in conformance with section 78-1573 and at the discretion ofthe planning
director.
h. When a gate is proposed,the following requirements must be met:
1. The gate must open into the properiy not outward towards the right-of-way, and
2. For locked and/or secured gates a knox box,meeting the standards set forth by the police
and fire department, must be provided for emergency access, and
3. On major thoroughfares the monuments and gates must be located 40 feet from the
paved,traveled road to allow for vehicle stacking. A major thoroughfare for the purposes
of this section means any county road or state highway.
i. A building permit is required for installation. A survey must be submitted depicting where the
monuments will be placed,and the property corner pins must be located for inspection purposes.
(Code 1984, § 10.03(15); Ord.No.211 2nd series, §§ 1--5, 1 1-26-2001; Ord.No. 12 3rd series, � 1, 5-24-2004)
Sec. 78-1406. Additional yard provisions.
Required yards in the districts specified shall be subject to the following additional requirements:
(1) Through lots. Through lots in any district shall have a required front yard on each street.
(2) B and!districts: adjacent lots. In the B and I districts, where the average depth of at least two existing
front yards for buildings within 150 feet of the lot in question are less or greater than the minimum front
yard depth required for the district,required front yards shall not be less than the average depth of such
existing front yards;however,the depth of a front yard shall not be less than five feet nor be required to
exceed 50 feet.
(3) R districts: adjacent lots. In any R district,where the average depth of at least two existing front yards for
buildings within 150 feet of the lot in question and within the same block front is less ar greater than the
minimum front yard depth required for the district,the required front yard shall not be less than the average
depth of such existing front yards;however,the depth of a front yard shall not be less than ten feet nor be
required to exceed 50 feet.
(Code 1984, § 10.75(4))
4
""Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Please see Planning Staff for specific questions or for issues not addressed below.
ACCESSORY BUILDINGS
Sec.78-1431.Accessory buildings and structures on through lots.
All accessory buildings and structures on through lots located in R districts shall meet the following requirements:
(1) The building or structure shall meet the principal building setbacks that are established under sections 78-
230,78-255, 78-305, 78-330, 78-350, 78-370,78-395, 78-420, 78-444.
(2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or
sriucture,determined at the discretion of the planning director.
Should the planning director determine that item(2)above cannot be met an accessory structure or building may be
permitted by conditional use permit if the planning commission determines no negative impacts result in the
placement of the building or structure. The planning commission may apply reasonable conditions as part of the
approval.
(Code 1984, § 10.03(]0);Ord.No. 15 3rd series, § 1,6-28-2004)
Sec. 78-1432.Time of construction.
No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal
building to which it is accessory. At the time of demolition of the principal building,all nonconforming accessory structures
must be removed.Accessory structures, which comply with this title, are allowed to remain contingent on a signed agreement
stating the following:
(1) Applicants agree to obtain a building permit for construction of the replacement residence within 60 days
of demolition;to begin construction on the new residence within 120 days of demolition; and to complete
all exterior work within one year of building permit issuance and interior work within two years of building
permit issuance.
(2) In the event that any activity described in item(1)has not been accomplished within the defined timeframe,
the applicants shall remove the accessory structures at the applicants'expense,or the applicants shall apply
for an extension of this agreement.
(3) If one of the item(1)events occurs and the applicants fail to perform their removal obligations per item(2),
the applicants hereby agree as follows:
a. The city may enter upon the properly and remove the accessory building(s).
b. The city may assess the costs of removal to the property.
(4) The agreement shall be binding upon current and future owners of the property,and shall be filed within
the chain of title of the property.
(5) Fee owner(s)of the property, if not the applicants,consent to the execution of the agreement and to its
terms,as shown by his/her/their signature(s)upon the document.
(6) Applicants shall indemnify and hold harmless the city,the city council, and the agents and employees of
the city from and against all claims,damages, losses or expenses, including attorney fees,which the city,
city council and agents and employees of the city may suffer or for which it may be held liable,arising out
of or resulting from the assertion against them of any claims, debts or obligations in consequence of the
performance of the terms of this agreement.
(Code 1984, § 10.03(9)(A);Ord.No. 13 3rd series, § 1, 5-24-2004)
Sec. 78-1433. Height restrictions.
No accessory building in an R district shall exceed the height of the principal building,nor shall an accessory
building exceed 30 feet in height.
(Code 1984, § 10.03(9)(B))
5
**Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Please see Planning Staff for specific questions or for issues not addressed below.
Sec. 78-1434.Area restrictions.
In all R districts, no accessory building shall exceed 1,000 square feet of footprint area;except that accessory
structures in excess of 1,000 square feet will be allowed under the following conditions:
(1) Not more than one oversized accessory structure(OAS)shall be permitted on any property. An oversized
accessory structare is defined as an accessory structure of footprint area in excess of 1,000 square feet,
except that the following nonroofed accessory structures which exceed 1,000 square feet footprint area are
not considered as oversize accessory structures,but are subject to the special setback restrictions of section
78-1404:
a. Tennis courts.
b. Pools,when pool basin structure(excluding nonencroachment-type patios)is greater than 1,000
square feet.
c. Paddocks or arenas.
(2) Oversized accessory structures are regulated by the following table:
Lot Area(acres) Maximum Individual Maximum Allowed
Accessory Structure Total of All Accessory
Footprint Area(square Structure Footprint
feet) Areas* on a Property
(s uare feet)
0--1.99 1,000 2,000
2.00--3.00 1,200 2,400
3.01--3.50 1,400 2,800
3.51--4.00 l,600 3,200
4.01--4.50 1.800 3,600
4.51--5.00 2,000 4,000
5.01--6.00 2,200 4,400
6.01--7.00 2,400 4,800
7.01--8.00 2,600 5,200
8.01--9.00 2,800 5,600
9.01 or more 3,000 6,000
* Excluding nonroofed tennis courts,pools,paddocks, arenas.
(3) Any oversize accessory structure shall be subject to the following conditions:
a. No such accessory structure shall be located within a required yard area(principal structure
setbacks must be met). Further,no such structure shall be nearer the front lot line than the front
line of the principal residence on the property, and no such accessory structure shall be located
less than 30 feet from the side or rear lot line regardless whether less strict principal structure
setbacks apply.
b. The maximum height for such accessory structure shall be 30 feet or the defined height of the
principal residence structure on the property,whichever is less.
c. Such structure shall be allowed only when the property owner agrees and covenants in writing
with the city as follows:
1. No future subdivision will be approved that places the structure within a lot that has no
principal structure,except that the city in its subdivision approval may grant a finite time
period in which the oversized accessory structure may remain without a principal
structure, in arder that a principal structure may be constructed. At the end of this time
6
"*Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Please see Planning Staff for specific questions or for issues not addressed below.
period,the oversized accessory structure must be removed if no principal structure has
been constructed.
2. If the property is subdivided,the oversize accessory structure and principal structure will
be located together within a lot that meets the minimum lot area requirement for the
given size of accessory building.
3. In subdivision approval,the setback required for the oversize accessory structure shall
remain.
Such covenant shall be binding on current and future property owners and shall be filed in the
chain of title of the property.
(Code 1984, § 10.03(9)(C))
Sec. 78-1435. Location.
No detached garages or other accessory building shall be located nearer the front or street lot line than the principal
building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street,accessory buildings
located within the street or rear yards of such lots are subject to the setback requirements of section 78-305(b),section 78-
330(b)and section 78-350(b);except that detached garages may be located ten feet from the street or rear lot line when doors
face away from the street and a turnaround is provided on the site. This section shall not apply to lakeshore lots divided by
roadways or corner lots.
(1) Location of principal building to lakeshore. No principal building shall be located closer than 75 feet to the
natural ordinary high water mark of a lake abutting the property. This lakeshore setback shall be
determined as the mean horizontal distance between the natural ordinary high water mark on the lakeshare
and the allowable building line.
(2) Variance from lakeshore setback. Any application far a variance from the requirements of subsection(1)of
this section shall be referred to the Minnehaha Creek Watershed Disri-ict for its approval before final action
by the council.
(Code 1984, § 10.03(9)(D))
Sec. 78-1436.Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet footprint area
shall be located at least 15 feet from any lot line.
(Code 1984, § 10.03(9)(E))
Sec.78-1437. Plumbing.
Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to
allow such buildings to be used as dwelling units,and because it is the policy of the city to limit residential development
density to the allowed densities within the respective zoning districts,plumbing in accessory buildings shall be regulated as
follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building that
is conforming in location, size and height.
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a toilet,
shower or bathtub shall be allowed in any accessory building that is conforming in location, size and height
with,subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed
to handle the anticipated flows from such fixtures,and subject to the property owner's executing a covenant
providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
7
*'�Disclaimer: This is not an all-inclusive list of codes, additional regulations may apply.
Ptease see Planning Staff for specific questions or for issues not addressed below.
c. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(3) Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet,shower or
bathtub shall be allowed only in an accessory building that is conforming in location, size and height and
which meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use permit;or
b. The accessory building has been approved for a plumbing in accessory building conditional use
permit.
(Ord.No. l79 2nd series, § 1, 10-12-1998)
Sec. 78-1438.Crowding principal building.
No accessory building or structure,unless an integral part of the principal building, shall be erected,altered or
moved within ten feet of the principal building, nor within ten feet of another accessory structure.
(coae 19s4, § lo.o3(i2��
Sec. 78-1439.Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from the property
line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
8
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http://gis.co.hennepin.mn.us/HCPropertyMap/Birdseye.aspx?PID=1811723140005 12/18/2007