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Home My WebLink Aboutmeeting notes re property Melanie Curtis From: Melanie Curtis Sent: Tuesday, August 25, 2015 4:20 PM To: 'Ted Martin' Cc: jamesrandrobin@comcast.net Subject: RE: 1050 Edgewood Hills Meeting Attachments: 1050 Edgewood Hills.pdf Ted Please see my list of responses below. I hope I hit all of the outstanding issues or questions. • The"armored slope"on the NE corner should be treated as a retaining wall and have an engineered design to ensure it does not fail. If grading up to/on to neighboring properties, a written consent to do so from the affected neighbor must be received with the building permit application. • The driveway as depicted exceeds the City's standards. (Max width for the curb cut is 20ft.; min width is 8 ft.) • Driveway entrance should be 100 ft from any road intersections. • With the building permit we would want to see a comprehensive drainage plan to ensure roof and hardcover runoff is not being directed onto the neighboring property. • Extrapolated Contours through existing house site appear reasonable for basement calculation. They generally conform to the extrapo�ated Lidar data from the County. • The grading on the site should be set back at least 5'from property lines. If grading up to/on to neighboring properties a written consent to do so from the affected neighbor must be received with the building permit application. • Soil density testing will be required in relation to the structural building permits (house, walls, etc) and/or for engineered slopes. Soil testing will not be required for the other re-graded areas. • Please see this LINK to the MN Department of Health's page for water supply weil isolation distances. • There is potential to connect the new sewer line from the house to the existing line connection point within the subject property (as opposed to the stub at the property line/trunk line). Specific inspections and testing may be required to provide conclusive direction. Please contact Adam Edwards (Orono's City Engineer/Public Works Director) for more detail regarding the new sewer connection. Adam can be reached at 952.249.4661 or by email at aedwardsCa�ci.orono.mn.us • The pool equipment must be located behind the setback line. The Code does not aliow for an encroachment of pool equipment into the setback. Let me know if I failed to answer all questions. �i s�z-�ssas www.jamesrobfr.com james(�jamesrobin.00m Melanie watercolors and landscape architecture Melanie Curtis 22732 olgilvie avenue north �952.249.4627 �mcurtis@ci.orono.mn.us scandia, minnesota 55073 From:Ted Martin [mailto:ted@pkarch.com] ' a m e s ro b i n Sent: Friday, August 21, 2015 2:13 PM � To: Melanie Curtis<MCurtis@ci.orono.mn.us> Cc:jamesrandrobin@comcast.net Subject: 1050 Edgewood Hills Meeting Melanie, Thank you for meeting with us this morning. It is helpful to discuss our intentions with you and make sure we're covering all the bases. Attached are: - Meeting minutes—Please let us know if there is anything requiring correction. � - Basement Calculation Diagram—for review from engineer. - Site Plan The items we still had questions about are noted in the meeting minutes. Thanks and look forward to hearing from you. Have a great weekend! Ted Martin AIA LEED AP PETERSSEN jKELLER architecture 29i9 James Avenue S Minneapolis,Minnesota 55408 612.353•4920 P 6i2.616.530�c 612.353•4932 f �1�1�ti�l.�arch,c�om ted(cz��karch.com Please note: We have nnoved into our new office and studio. See address above. Thank you! 2 .� fi�i.-., �,-.�r�c�(. O l�.1� �a i,,r r��,� '>'"z� � �.r�L .., � , - .-� �/'.' . . . . T" . � - . . j� 1 J� . � Y�. '__ � y1 . .. . �. � -'.s! 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LIA i � � \ 7� The boundary lines of which have been established by)udicial ORONO M I N N ESOTA q� /�I% %9, t \ Landmarks as zhown on Plat of Survey and certification as to i location�ereof filed October 29,I 963 in Torrens Case No. aue / � \ °`� 15271,in Uxtri<t Court,FourtJudicial District,Hennepin �n.� � � �� ,q�zf l�� xiow.� Counry,Minne,na.f�`krCe rificare of Title No.1389468) � r. '�s .m ;/ �Nu �/� t�.ss a � ��P � � �� r �CONTACT: � xa,�, a 6 m 6 � � � � � � ° `� � � s B ° �° D p P P `� � z � STEVEN STREETER a�z � Mq��= , 6 � n� �\� AREA: STREETER&ASSOQATES �" � A �� 1 8312 WAYZATA BLVD. �qws � . ' / C� ��/V zana. woosi TRACT H PARCELAREA -6 5,6 8 5 S Q.F T.-IS I A C R E S I a� I � �� li AREA SU6JECT ROAD EASEMENT =I 5,485 SQFT. -0.36 ACRES WAYZATA,MN 55391 . � �s .-FO�o I/7' ---Fo�:�a0 i/'"o I' PARCEL MINUS ROAD FASEME�T =50,200 SQ.FT.-I.I S ACRES PHONE: 952.449.9448 i � I Q � �� I � iebN�ve � �,`� �£�,i.s ��eor.vive . =o.�.�.�" u EMAIL:sstreeter@ p o o ; � • �� cN,r.-- --FauNo r iQor,vive saeeterhomes.com . � u a -FouNo :• . �� (a.2w,o.rN oF corz.� sicN-�� zoN omF � � . � � e � - -� � � I / i I " . � % --- � d . y r __ . x \�°Ll�ti:)"P,- 'S.00 . -. ,. ' zbo.q .L im_a�� e.a- � ? � �s�� c�en ou1 � � �TITLENOTES: COUNII'/QTY: i � �� a�-. � �. � .� a9� `� 5 ' i � L Subjea m grant of non azdus�ve e..�sement for privace road per " H E N N E P 1 N Doc No.T835058,and T852176. C��-J n�--rY �/ �. '?%SL �C��E 2.Subject to Agreemen[per poc No.851950. ' y0 6 . � . xa,,, xm�9 � � m0 \\� ""' c -. d x�h.� 3.Subject ro NSP Easement per poc No.T856330. �'abe X%�� %9,� .'a 4.Subject to Minneapol's Gas Company Easement per poc No. C �TY O F x9cu ' 96e � -- � \ �'\\ �PS,gJp,t) ' ` i _ T856331. O R O N O Q11 � IQER Q�� II 967 \ \ �geR��e _ �� - 'All easements and agreements shown per Cenificate of Trtle No. �� _�\ �� a�/pe . ..qq�,� ��'x ��aq_xreea '� a o I 389468. Add�t-onal easements of whlch we are unaware may I - \8 c ... .. x w. � evist. 0 o a � os e a66 y q�2 �� P -a°Q - -x�a9 50"REAR SEiBACK I � r. _. -'` xacaa \ ` �� X�.� . .��_ -�_� � o. I _ II \� � Q \ � � � BRUf1W0US SURFACE °� ¢rrf`yrtR"�� 4s.o - - - - - � ae5 �� - �� C1 �V � .WE � ��* � � ,i�� i� W � xa9,a . ,�.zo ��o.. * � � �i� T ��. c e tn �:_,t, � m,_n � � � xaeao w.u.� . �� _.:n�ao _ �Z, ' � ,i,o � . . �� z;�0 A � � ,�5 0 ,,z �` m �' �� e °��qw� ��ri�'°� �� -�300- BENCHMARKS REVISIONS: a6A � � � �" v�� G9 M z�a ��d . � � ��y t. � �I . � '� '�/ �m. x �o. ELEVATIONS 6ASED ON INFORMATION AS SHOWN ON THE � DATE REVISION GAS j \ 9 � L� y �\ T / R��g�,a- �� RECK BOVE n A nG" � � MNDOT GEODETIC WE6SITE. SURVEY DISK 271 3 F WITH AN OS-08-I S INITIAL ISSUE cASA�aV�I cz>e � � � � f hW�jS O'��3� J �I ELEVATION OF 979.83 WAS USED TO ESTABLISH VERTICAL OS-OS-IS CONTOUR LABELS q � � `" �g,t" p oo" /�� 390 x�oo.> xoc� OS-22-IS UPDATENAME v Q\�O h xa�a�i 6 5� �� 1006.9 - J/� 65.8 I � O �\ � � aa� s a,.�'�y� ryry� qR. FLOOR ty -g CONTROL FOR THIS SURVEY INAVD 88) � A ^ `p � _�-4 1 E� G �__ ___.___ _ s3 � > \ m � 0 l,l. � , � _ ____ I �N�:. cJ � 962 'I � ,�,_� �� P V ,25� � � 9 � \ EXL7WC� HOUSE n�P o b 3 2>Sy'oPE � O _-SAN.MH 96j x%i.� \ P � 5 . � � ' rov=aeo.� � < .�„� a >° �b � �� -wa�Kour r�ev o =993_9 0065 � �5��,�� a�l �� - �c< �� \ a75 ,ti. .A `3k. `PN` . . 6 � , i °� � ° ^� 3 �3(3 '�z , o `��,�� / SURVEYNOTES: -0CERTIFICATION. e � � � ��_' \ ^ a'I� \ 3 & " ., r�P �oov so /I. BEARINGS ARE BASED ON COORDINATES SUPPLIED BV THE I he�.�nv�. �r n� n�.pl �� nv � esa � '� �s7 q \ � � -�� _ioo�R��ev,. �� Pi�� de, d e n r�a�i. �� HENNEPIN COUNTY SURVEYORS OFFICE. V and sun�e or under che laws ot � a dw o<e�,eo� v M F s -\ 9 � w � // > 2. U N D E R C R O U N D U T I L I T I E S S H O W N PER V ISIBLE FFATURES AND � n /i'BW v'\ I v, che sca[e o(M'nneso�a. ��p - - - _ _ x _._ __ _�F y _ T `�� ° g�we ��wA�L 3 -� os � �� ?� AS-BUILTS PLANS PROVIDEO BY THE CITV OF ORONO. �� .� aa -y� -\��- o�._T �� _ \ , _ 3. THERE MAY SOME UNDERGROUND UTILITIES,GAS,ELECTRIC, 95e � �� \ m iqq ,�« �•o � � `� � oy� y - - - - EfG NOT SHOWN OR LOCATED. p � � � " °� �, � - aca< 4.NO JUDIQAI LANDMARKS FOUND. - �.y \ 50"f- ��0 �� Da ie L.TFurnes Reg s�r��on umber�.25�18 � ��'6 �6O'Q \\ �a� �. � ��y9qs 4 sa \��` �''gVtSeC o�,r _� I95j ,s o 6 \i � \ �ar�" wA!{ �':sµ f t q r(\r �1 0 ■no�a M oace.05 OH I S_ il � ��,, _ r___-__-_ _ �_' _.'_l \'r, � \ P� a0a.6 �� rACC.�,o � 9 . , O ;� � L I III %96z s-eoo - � -- � xo 6 � 9a� 9e � ' 99 �e Wq�°rF N ' ' ' � �FLOOD WFORMATION: PROJECT LOCATION: '1 9�a \ �� 955 .5 , �' . �r 4 -. E �� -8 � a 'A4 / t xy55� GAS EASEMENT VtR �� - \ a q 9 q�,�W xaaoo �oz3.0 � � \�� - ��gy GRAPHIC PLOTTING,iHIS PROPERTV IS WITHIN ZONE"X"OF � O S O � � I � DOC. NO-85633r-� ' � ' \ an' '� �� ` . �nao ,�,V p �qps �eR FLOOD INSURANCE RATE MAP,COMMUNITV NANEL NO. 99s � 270760306E WITH A�EFFECTIVE DATE OF SEPTEMBER 2,2004. ass --- S89°»'22��ry� i20_00 � _ �` �� - � - � ;� � `� �;" � EDGEWOOD HILL ROAD � � \ R PID#0211723130003 � --FCI.ND I' � T p V �_\`'` : RON GIGE \ � � \� A R�EM Rp�� xw�.5 I � \�� \ c\ �\��5 935�5B,`�NT f f4SEME\��. � va�a� ^ T DOB3No \`\\\ ,/ ._ 95J I s \�' \ \ \\'� ' � ry�•� C Nr/ m I� .� r�� , � ..o�R � � �G �� . J.iJ�� \� � s�»s � ,�� ZONING&SETBACK � ' > , I � � --'��-��Sa3 ��'q�j•, �� ` - \\ '/ � §'ALL ZONING AND SETBACK INFO PER EMAIL FROMK MELANIE � \ i. R A / I \� � v 953 � 9 9 9 0 � �`�� ' \\ �7'�h,- `� �� =��9 , ,i ��Z j.� CURTIS,PLANNER CITY OF ORONO ON APRIL 22,201 S. ' N95]] � � 9 � 9s 6 %9iG6 . �\\ _ QP`� \ r x90 � 9 otv { i \\4 FEN 1` s � 9 �9 9 � ' 9 ' e q� ` 6 65,e P�" T �� ZONING:RR-I 6 /.. a � 'x,..�ay� I s o ' ..,.,... B 957 I �. �. 6. J6. 6� 9 �� . �29�LC�PE LiflF �� ,i'a I- ! �L\\ " � Suite kl a3�. � 9 �$s s � � � �� FQ �� _ SETBACKS- �� g �& �' �- ' �� V Op � � � / �� , ��s��uw��e��M�Nss�osz � CFIQ/ '�� FRONTJSTREET: 50 FEET 9 a, � a 9 � �� , g� �N �,.� 9 ��\ SIDE: 30 FEE7 ��.Phone 651.275.8969 . h � n �.*I 6 �� `� � ' r�n o�g o � �RO ^' a -_ REAR: SO FEET . Fax 65 L275.8976 �, N � I a xass.e �� ` .. � ,\ RivqrFRoqp� q0 � ,. �-5. T \ .. �\ � danC� I � x>=� ��` i �__\` � • �� 'FRONT SETBACK SHOULD BE MFASURED FROM A POINT Z S FEET cssurvey ._ * � ae\_ FROM THE CENTERLINE OF THE PRIVATE ROAD. net �J \, _ � ��_ �- ��._ �_ u . � LEGEND: EXISTING AREAS � � FOUND MONUM1IENT �� TELEPHC��E PF�IST>I - -� �- - IINUENt;Hi1UNl1 FI Et 121C HOUSE 4159 " p s[�i;z'iko�u aiP[ � SnNRnkrc�nrv�wr -�--�^ ---"'--- u�.oEacacur�o�ae�i rv �i -- - - - �� - � FRONT DRIVE 4239 �� 14RKFD RLS�O.>5113 /'1 S�INITAftY MqNNOLE " u- UNDERGR�UND FIBER UPTIC / Au et�ortE rou o�c. REAR DRIVE ZS00 C O R N E RSTO N E � i c.�s�ervaeoesra� °� 0 20 40 � � r � � iiro2nNr � � uuoEacnouuo rE�cv��oNE � CONCRETE 938 nc �incoaoinonea _�, „_ � Gopher State One Call �yq��s q99 O WAiER WELL OVERHEqD UTII IIY � I En E�ERRi�Mt�ER ,� ,� � I , + wrvarvnnen.es .<000z PAVERs 9t LAND SURVEYING, INC. I�I WAiERMETER UNDERGR(>UVU<�.,�5 I�� )LLL0.EE� 1 800 2525 66 �J - �/ DECK OVERHANG CONC. 848 ev e�ecruicreoesrn� � Mqi�a�x > >- �NirqRr��Fk NORTH � �� TOTALNON-ROADIMPERVIOUS 13,274 \� �t ucHr ro�e <yso a svor e�ev4T1oN �-• Fervce PARCEL MINUS ROAD EASEMENT 50,200 PILE NAME SURVSTR30 � Gt1Y WIRE CUNIFEROUS TREE _ .__ CURB�TYGIc_>ll PROfECT N0. $TR1 5030 %IMPERVIOUS 26.4% p POWER POIE 1230 COMOURI PRIVATEDRIVEPAVEMENT 8517 BOUNDARY/TOPOGRAPHIC O cas mnnHo�e oeaouous raee AREA OF ROAD EASEMENT I 5,485 S U RV EY Gn cnsmeren %IMPERVIOUS 55.0% Melanie Curtis From: Melanie Curtis Sent: Wednesday, June 24, 2015 2:28 PM To: 'Ted Martin' Cc: Lars Peterssen; Steven Streeter; Connie V Subject: RE: 1050 Edgewood Hills Meeting Notes Ted Below is a summary of the setback requirements prepared by Mike Gaffron in our office. He outlines the reasons behind our determination that the front setback line should be measured from a point 25 feet from the centerline of the private road easement. Perhaps more than you were looking for but, better than less. O If you want to request ta encroach into the 50-foot setback a setback variance would be required. Edgewood Hills Setback Requirements Having looked at the street files for the neighborhood, and reviewing the codes in effect at the times homes were built, my conclusions are as follows: 1. The subdivision is an RLS that has lot lines platted to the center of the road. 2. The road is a private road on an easement that is 50' wide, centered on the common lot lines of property to the north and south. That is, the first 25' of each lot is encumbered by a road easement. The same 50' standard for road easement width applies today, except today the private road would be platted as an outlot on a plat rather than created as an easement on an RLS. 3. Regardless whether the road is considered as public or private, the front lot line for zoning purposes is considered as the edge of the 25' easement, not the common lot boundary. Setbacks are measured from the easement line, not the lot boundary. Background The area was zoned "Orono District" from 1950 to 12-31-67, requiring 1-1/2 acre lots. Ordinance #45 in 1962 established a minimum front setback of 30 feet. Houses built in 1967 or earlier on Edgewood Hills Road appear from their surveys to meet this standard. The area was rezoned R-1B, 1-1/2 acre as of 1-1-68, with a minimum front setback of 50'. The house at 985 Edgewood Hills built in 1968 appears to have been placed at exactly 50 feet from the centerline rather than the edge of the easement. The house at 1050 Edgewood Hills, built in 1969, is only 45' from the centerline and 20' from the easement, breaking all the conventional rules. The area was rezoned in 1975 to RR-1 B, 2-acre, requiring a 50' setback. From the information and surveys in the street files it appears that all new construction, additions, etc. from the mid-1970s to today has been required to meet a 50' setback from the edge of the easement. The house at 965 Edgewood Hills was built in 1987 pursuant to a lot area and front setback variance. The variance file specifically notes the required 50' setback from the road easement and granted a variance to be 27' rather than 50' from it. Michael P.Gaffron Senior Planner 1 City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone:(952)249-4622 Fax: (952)249-4616 Thank you and let me know if you have further questions. Melanie Melanie Curtis �952.249.4627 �imcurtis@ci.orono.mn.us From: Ted Martin [mailto:ted@pkarch.com] Sent: Tuesday, June 23, 2015 9:49 AM To: Melanie Curtis Cc: Lars Peterssen; Steven Streeter; Connie V Subject: RE: 1050 Edgewood Hills Meeting Notes Melanie, Thank you for following up and this additional information. i copied Connie on this email to as she did the survey. It's still unclear to me whether Edgewood Hills is classified as a private or public road from a zoning point of view. If it's public, then the "property line" would start 10'from the road edge rather than 25' from the center of the easement. If it's private,then what is the required setback from an easement? Ted Martin AIA LEED AP PETERSSEN/'KELLER architecture i610 West Lake Street Minneapolis,Minnesota 55408 6i2.353•4920 P 6i2.6i6.53o�c 6i2.353•4932 f i�'i�iti°.�)I�arr,lp.0.°c�z� tedCa�._.pkarch.com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Monday,June 22, 2015 6:20 PM To:Ted Martin Cc: Lars Peterssen; Steven Streeter Subject: RE: 1050 Edgewood Hills Meeting Notes Ted Below are my items to follow up our meeting and any comments I have responded to below I have done in RED: I attached definitions for basement, building height, and half story to help you in your design process. Also, I have attached our in-house permit review form which may help with height as well. A retaining wall exceeding the height of a permitted fence (or greater than 6') shall meet the building setback (front= 50') —see below and attached for the code and ordinance relating to walls. Please let me know if you still have questions or if my responses are unclear. Sec. 18-1. - Definitions. z 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: Private road means the entire area dedicated to private use or contained in a plat, an easement or other conveyance, grant or by adverse possession and includes but is not limited to roadways, boulevards, sidewalks, trails and other property between lateral property lines in which a private roadway lies. Public road means the entire area dedicated to public use, or contained in a plat, an easement or other conveyance, grant or by adverse possession, to the city or other governmental body, and shall include but is not limited to roadways, boulevards, sidewalks, traiis, alleys and other public property between lateral property lines in which a public roadway lies. Where traveled public roadways exist in a location not shown on the platting map, the right-of-way shall not be less than ten feet wide on each side of the actual paved or traveled roadway surface. Sec. 78-1. - 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. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Basement means that portion of a building that is partly or completely below the existing ground level. A basement shall be considered as a story for purposes of determining the number of stories in a building, when the finished surface of the floor above the basement is more than six feet above the existing ground level for more than 50 percent of the basemenYs perimeter. The perimeter of the basement does not include portions of the house or garage that do not have a lower level but are merely "unexcavated". Artificially raising the grade adjacent to the foundation of a structure (by filling or by a combination of filling and retaining walls) above the surrounding natural terrain shall not be allowed as a method for converting a defined story to a defined basement, regardless of any other benefits to the property of such action. Finished grade that increases more than one foot from existing ground level shall be considered as artificially raising the grade. However, artificially raising the grade when such action merely restores a previously excavated site to its original natural grade may used as a method for converting a defined story to a defined basement. Basement, walkout, means a basement having an entrance at grade level. Building means any structure having a roof which may provide shelter or enclosure of persons, animals or chattel; and when the structure is divided by party walls without opening, each portion of such building so separated shall be deemed a separate building. Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures (and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. Building height means the vertical distance between the highest 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 uppermost floor exceeds five feet in height as measured from the floor to the rafters. Floors exceeding these parameters shall be deemed a full story. Street means a dedicated public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. Street or road, private, means any private way set aside as a permanent right-of-way for vehicular access 50 feet or more in width. 3 Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) 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. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line. (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.1) Retaining walls, subject to the following provisions: a. Retaining walls may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. b. Retaining walls which do not exceed two feet in height above existing grade, which are located within the property and at least five feet from any property line, and for which the amount of imported fill associated with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. c. Retaining walls exceeding two feet in height above existing grade or for which the amount of imported fill associated with the structure exceeds 20 cubic yards or which are located less than five feet from a property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. (6) In side yards only, no accessory structure shali be closer than ten feet from any side lot line. (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section, the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing grade below the fence, as 4 measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. Drawing: Fence Height Measurement on Sloped Site �� , � '�� . 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 majo thoroughfare for purposes of this section means any county road or state highway. If such fenc involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any po�tion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78- 1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above original 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. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. 5 e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legal nonconforming as to location, height, design or other characteristics may be replaced in kind. (9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shaii 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 ali property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with 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, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. i. When a gate is proposed, the following requirements must be met: 1. The gate must open into the property not outward towards the right-of-way, and 2. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and 3. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and 4. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and 5. Gates must maintain an opacity level of no greater than 25 percent, and 6. 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 7. 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. j. 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. (b) The following shall not be considered to be encroachments on structure height requirements: 6 (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. (Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1-5, 11-26-2001; Ord. No. 12 3rd series, § 1, 5-24-2004; Ord. No. 30 3rd series, § l, 11-28-2005; Ord. No. 43 3rd series, § l, 2-25-2008; Ord. No. 106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140 3rd series, § l, 3-23-2015) Melanie Curtis �952.249.4627 ��mcurtis@ci.orono.mn.us From: Ted Martin [mailto:tedCa�pkarch.com] Sent: Thursday, June 18, 2015 3:37 PM To: Melanie Curtis Cc: Lars Peterssen; Steven Streeter Subject: 1050 Edgewood Hills Meeting Notes M ela nie, Thank you for taking time to meet with me and it was a pleasure to meet you. It was helpful to walk through the site challenges with you early in the process. We will keep in touch as the design progresses. Here is a summary of our discussion. Please let me know if there is anything I misunderstood or am missing. Setbacks - Melanie will provide more information on how the front setback was determined. We will investigate this setback further because it is an unusual circumstance. - A portion of the existing house is built in the front setback. Without a variance, we are able to build within this footprint and massing with the proposed scheme. We cannot relocate the non-confirming square footage to another location on the site. Nor can the structure be changed or enlarged within the setback. - Pools cannot be closer to the front property line than the house.This needs to be respected along the length of the property line. - Retaining walls are permitted in the setbacks. Walls over 4' in height need to be engineered and respect the "structure" setback from the property line. Melanie will provide the specifics of this structure setback. See above. Buildin� Hei�ht - We discussed the allowable building height at length. In a nutshell, we should be able to build a basement plus 2 stories on the site. o My understanding of the height determination: ■ To qualify as a basement, the lowest level must be lower than 6' of the highest adjacent grade (front door) for at least 50%of the floor perimeter. Unexcavated space and garages(?) don't count in the perimeter calculation—correct, unexcavated spaces and garages (without living space below) do not count. � ■ From this lower floor elevation, you measure the building height. ■ Then subtract the difference between the lowest elevation and the highest or 10', whichever is less ■ This must be equal to or less than 30' There is also a subtraction based on the roof type, see definition of Building Height. In the existing house for example: (again,you would add a subtraction for type of roo� ■ Lowest grade elevation (rear garage)—989.0' ■ Highest elevation (front door)—1006.6' ■ 1006.6—989.0= 17.6' so we subtract 10' (the lesser value) ■ The existing height is roughly 1018.6' ■ (1018.6—989.0)—10= 19.6' so it is less than 30' and compliant. - This calculation is hard to determine without a schematic design, so we will reevaluate as we get further into the design. - Melanie and our team will meet again when we have a schematic scheme to discuss the building height further and to confirm that we're in compliance. Demolition - If we are planning on building in the existing non-conforming footprint in the front setback,the City requires further as-built documentation of the non-conforming spaces.This will be used to confirm compliance of the new build within the existing envelope. - Aside from the non-conforming space,the documentation we have is sufficient to demolish the house. - Need erosion control permit from Minnehaha Watershed District - Sewer disconnect permit required Miscellaneous - Currently,the variance process takes 6-8 weeks. It goes through the planning department and then the city council. Melanie will forward a 2015 schedule. Attached. - Building permit process is currently around 6 weeks. - We can move the curb cut if necessary. Generally,the City wants them kept to 20' wide plus the curb radius. - We are restricted to 15% "structural coverage" of the site.This includes the house, decks, large overhangs, etc, but excludes pools and patios. On this lot, it would be about 7500 sf. - Retaining walls are permitted in the setbacks. Walls over 4' in height need to be engineered and respect the "structure" setback from the property line. Melanie will provide the specifics of this setback. see above - No restrictions on tree removal or permit required - No impervious surface or FAR requirement. Only structure maximum of 15%. Thank you again Melanie and please let me know as soon as you are able if I have everything correct. Ted Martin AIA LEED AP 8 V�2'��5 Edgewood Hills Setback Requirements Having looked at the street files for the neighborhood, and reviewing the codes in effect at the times homes were built, my conclusions area as follows: 1. The subdivision is an RLS that has lot lines platted to the center of the road. 2. The road is a private road on an easement that is 50' wide, centered on the common lot lines of property to the north and south. That is, the first 25' of each lot is encumbered by a road easement. The same 50' standard for road easement width applies today, except today the private road would be platted as an outlot on a plat rather than created as an easement on an RLS. 3. Regardless whether the road is considered as public or private, the front lot line for zoning purposes is considered as the edge of the 25' easement, not the common lot boundary. Setbacks are measured from the easement line, not the lot boundary. Background The area was zoned "Orono District" from 1950 to 12-31-67, requiring 1-1/2 acre lots. Ordinance #45 in 1962 established a minimum front setback of 30 feet. Houses built in 1967 or earlier on Edgewood Hills Road appear from their surveys to meet this standard. The area was rezoned R-1 B, 1-1/2 acre as of 1-1-68, with a minimum front setback of 50'. The house at 985 Edgewood Hills built in 1968 appears to have been placed at exactly 50 feet from the centerline rather than the edge of the easement. The house at 1050 Edgewood Hills, built in 1969, is only 45' from the centerline and 20' from the easement, breaking all the conventional rules. The area was rezoned in 1975 to RR-1B, 2-acre, requiring a 50' setback. From the information and surveys in the street files it appears that all new construction, additions, etc. from the mid- 1970s to today has been required to meet a 50' setback from the edge of the easement. The house at 965 Edgewood Hills was built in 1987 pursuant to a lot area and front setback variance. The variance file specifically notes the required 50' setback from the road easement and granted a variance to be 27' rather than 50' from it.