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Home My WebLink About01-18-2011 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE � �� .�✓ -�'i'/ i� ❑ COUNCIL I� PLANNING COMMISSION ❑ OTHER Please complete the following information for City records. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:1{LEGAL FORMS)\�FORMS�\PUBLIC ATTENDANCE.DOC � !' �` MINUTES OF THE � ORONO PLANNING COMMISSION MEETING Monday,November 15,2010 6:30 o'clock p.m. ROLL . The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Kim Kang, Commissioners Loren Schoenzeit,Linda Feuss, Denise Leskinen, and Jon Schwingler. Representing Staff were Assistant City Administrator for Long-Term Strategic Planning Mike Gaffron, Planning and Zoning Coordinator Melanie Curtis, and Recorder Jackie Young. Chair Kang called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance. CONSENT AGENDA Item Nos.2 and 4 were added to the Consent Agenda. Kang moved,Schoenzeit seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0, *1. APPROVAL OF PLANNING COMNIISSION MEETING MINUTES OF OCTOBER 18, 2010 Kang moved,Schoenzeit seconded,to approve the minutes of the Orono Planning Commission meeting of October 18, 2010,as submitted. VOTE: Ayes 5,Nays 0. NEW BUSINESS *2. #10-3489 SUSAN AND JUSTIN KELLY AND CLAUDIA AND SCOTT WEISBERG,2980 AND 2990 SUSSEX ROAD,LOT LINE REARRANGEMENT . Kang moved,seconded,to recommend approval of Application#10-3489, Susan and Justin Kelly and Claudia and Scott Weisberg, 2980 and 2990 Sussex Road, granting of a lot line rearrangement. VOTE: Ayes 5,Nays 0. 3. #10-3490 JOHN F.ROEDEL,4725 NORTH SHORE DRIVE,AFTER-THE-FACT CONDITIONAL USE PERMIT, 6:38 P.M. John Roedel,Applicant,was present. Feuss asked what the difference between the existing hardcover and the proposed hardcover is on the property. Feuss noted the survey depicts a patio that is being added. . Curtis indicated that was a survey that was on file. Feuss asked whether a new patio will be added as part of this application. Curtis stated there is no patio being proposed and that the survey was from his previous application and was intended to show the existing condition of the property. Page 1 .� MINUTES OF THE `` ORONO PLANIVING COMMISSION MEETING Monday,November 15,2010 6:30 o'clock p.m. John Roedel stated he had no idea that his slope would fail. Kang asked if Mr.Roedel was given an explanation for the failure. Roedel stated approximately 50 years the property owner threw his trash over the bank and then later someone placed fill over that debris,which created an unstable slope. The heavy rains then caused the failure. Chair Kang opened the public hearing at 6:40 p.m. There were no public comments. Chair Kang closed the public hearing at 6:40 p.m. Feuss moved,Kang seconded,to recommend approval of Application#10-3490,John F.Roedel, 4725 North Shore Drive,granting of an after-the-fact conditional use permit. VOTE: Ayes 5, Nays 0. *4. #10-3492 CITY OF ORONO,AMEND CODE 78-128 Kang moved,Schoenzeit seconded,to recommend approval of Application#10-3492, City of Orono, amending Code 78-128. VOTE: Ayes 5,Nays 0. PLANNING COMMISSION COMMENTS 5. REPORT OF PLANIVING COMMISSION REPRESENTATIVES ATTENDING CITY COUNCIL MEETINGS ON OCTOBER 25, 2010,AND NOVEMBER 8, 2010 Feuss stated she attended the October 25�'City Council meeting and reported that the Council tabled the columbaria and historic building ordinances. The historic building ordinance was tabled since the applicant has since elected not to relocate the building. The CUP on Fox Street was terminated. Curtis indicated the historic building ordinance will be brought back before the City Council in January for a vote because the property owner has indicated he is still interested in relocating the building. Curtis noted the City Council did adopt the columbaria ordinance at their last meeting. Leskinen reported on the November 8,2010, City Council meeting, and noted that a small portion of the language was amended in the columbaria ordinance. Curtis stated the Council approved language requiring an in ground columbaria to be located five feet from the lot line and an above ground structure to be located ten feet from the lot line, with the maximum height of the structure being limited to eight feet. Feuss asked whether any screening would be required for at-grade or below ground columbaria. .�._�._._ � Page 2 ` -� MINUTES OF THE ORONO PLANIVING COMMISSION MEETING Monday,November 15,2010 6:30 o'clock p.m. Curtis stated the screening requirement would be looked at during the conditional use permit process. Leskinen stated there were two requests to hold the public hearing at the City Council level rather than the Planning Commission. One application was by the Good Shepherd Church,which would allow them to proceed with construction in the near future rather than having to wait another month. Leskinen noted the City Council asked her whether she thought the Planning Commission would prefer that they hold the public hearing but that she indicated since the Planning Commission had already reviewed the columbaria ordinance application twice,that it was her opinion the Planning Commission would be fine with the public hearing being held at the City Council level. The second request was from WJM Properties,which was a renewal of a CUP request. Kang noted the application on Concordia requesting a double car garage was tabled. Curtis indicated the applicant is now proposing to construct a one-car garage which will meet the hardcover requirements and not require a variance. 6. OTHER ISSUES FOR DISCUSSION None 7. SELECTION OF REPRESENTATIVES TO ATTEND CITY COUNCIL MEETINGS ON NOVEMBER 22,2010; DECEMBER 13,2010; AND JANUARY 10,2011 November 22,2010—Schwingler December 13, 2010—Kang January 10, 2010—Leskinen ADJOURNMENT Leskinen moved, Schoenzeit seconded,to adjourn the Orono Planning Commission meeting at 6:48 p.m. VOTE: Ayes 5,Nays 0. . Kim Kang,Chair Page 3 , ' , , - � To: Chair Kang and Planning Commission Members Jessica Loftus, City Administrator � From: Melanie Curtis, Planning &Zoning Coordinator � � Date: 11 January 2011 Subject: #11-3495 —Amend City Code Section 78-43 Public Hearing Application Summary: The City is proposing an amendment to City Code Section 78- 43 re ardin votin re uirements for zonin ordinance amendments. Staff Recommendation: Planning Department Staff recommends approval of the ro osed amendment. Pertinent Zoning Ordinance Sections Sec. 78-43. Adoption and amendment procedure. � List of Exhibits � Exhibit A. Draft Ordinance Exhibit 8. MN §462.357 subd. 2(b) Summary Currently, Orono City Code requires a two-thirds vote (4 of 5) of the entire Council for adoption of new zoning ordinances or amendments. This is inconsistent with the requirements in MN State Statute Chapter 462. The City Attorney has proposed revised language which is consistent with State Statute. The proposed language requires a simple majority vote (3 of 5) for zoning code adoption or amendments. A two-thirds vote of the entire Council is still required for changes in zoning district classification from residential to either commercial or industrial zoning. Issues for Consideration Does the Planning Commission have any concerns with the ordinance amendment? Staff Recommendation Planning Staff recommends approval of the language as proposed. , � f�Cl�h�1 r � � ORDINANCE NO. ,THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE CHANGING VOTING REQUIREMENTS FOR THE AMENDMENT OF ZONING ORDINANCES ,,.. � :�.Le: THE CITY COUNCIL OF THE CITY OF ORONO,IVIINNESOTA ORDAINS: � SECTION 1. The following language has been deleted,and added�to Section 78-43 (Adoption and amendment procedure) of the Orono City Code�Y�� .Y 3�. Sec. 78-43. Adoption and amendment procedure. '�� .`>> .�'�:,,, � � ^�. (a) At any time after the adoption of a la�`nd'use plan for the city,the�:pla.nning " commission,for the purpose,of carrying out_f,�ie policies and goals of the land use plan,may prepare a proposed'zoning ord'inance.and submit it to the council with its recommendations for�adopfion Subject to�thesrequirements of this chapter,the council may,adopt and amend a zoning ordinance with the favorable vote of a maioritv�of:th� ee ntire citv coiincil Amendinents which chan�e all or nart of the existin�'classification of a zoniri�distnct from residential to either commercial or industrial`reauire aiinroval by a�two;=thirds vote of�" �+� ~~°~~'�°r°the entire citv council `�,�'� � a . , ��. ~-��,, . ��`�� `''~:�,.. � ��. rgY��ti �, � { :.., . (b) ,,.No zomng ordinance or amenclinent sha11 be adopted until a public hearing has .;A- -� �., .;�, �,�s .�.,, _ �`` �.�� been lield,by the planning commission or by the council. A notice of the time, ��,��,,� place and purpose ofth�"e.�hearing sha11 be published in the o�cial newspaper of ` � �the city not less`�han ten:�days prior to the day of the hearing. When an amendment ',� ; •�includes changes in district boundaries affecting an area of five acres or less, a similar notice sha11 be mailed at least ten days prior to the day of the hearing to eachtiowner of affected property and property situated wholly or partly within 350 feet of the~property%to which the amendment relates. For the purpose of giving mailed notice,:the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of _ the proceedings. The failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings,provided a bona fide attempt to comply with this subsection has been made. SECTION 2. Effective date. This ordinance sha11 be effective upon adoption and publication according to law. 154651v1 1 , e ' , ADOPTED this day of , 2010 by the Orono City Council. CITY OF ORONO Lili Tod McIVlillan, Mayor .W:;�_;,� ;�;.. .�` > -:-_: ATTEST: � . ` ,,�� f � �`��} ' � � : �i�, � Linda S. Vee City Clerk ^�'`�,�= �'� t � � � ..� � �'°� <� � 4 � f y�` ,, .,'.}� . �.� �;�.. :,, . �' �" ::'i < �� -r r .. . � w 't a»�r� . �� 1*�� n� � h: f� . "�4 �''+i' w.,'£ :4, 1� ..o d S� �� .....R4 �� _ ,4��Y 4� gt1 . � �'~� �� . 2 � ' � .� �F.'y ,Y' g:�, � � t¢� �y. q�2 i_ R.. . �° '��, � .� '+;.r . 'h�r� x N � . 'S � J �,,,,.t ,�,� � „�,,.*'. X t�s��:. �.�.�Ek, v`y' s'. w .�r �'''°x'�'� �' � �v -. m �b.. , r'. . t . � ¢~ µ z�:' � � �"M e`}� . ,�'µo,�.�.y- �� ,�� .,��`{ z� « �� 3 �,{�� x �?;;A 'i�,� 'a. �`�4��N a�� ' �. ��"'�� . K � �� '� p �. �t ��.:�. �� ,'��q .� y^�h�'< ,.*• R { „��! vn ', � �'" X' , . � -K'�F,:� r ��i `S - ' `k n;S� ��r �';s . ' . Z y,,;�" < ..A-*� ::y's ;r .�; .�+,'!_:y.,�°. 154651v1 2 : . . �xtfi �r �S 1 MINNESOTA STATLJTES 2010 462.357 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE. Subdivision 1.Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas,the location,height,width, bulk,type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces,the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry,residence,recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 216C.06, flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for purchase of development rights by the governing body in the form of conservation easements under chapter 84C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential buildings, or manufactured homes built in conformance with sections 32731 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be lrnown as the zoning ordinance and shall consist of text and maps.A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits,until the county or town board adopts a comprehensive zoning regulation which includes the area. Subd. la. Certain zoning ordinances. A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot-size and setback requirements. Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14, subdivision 3, is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Subd. lc. Amortization prohibited. Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. Copyright�2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. a .� �� .4r.�� "�k�. .�,� . �� `�� . 2 MINNESOTA STATUTES 2010 462.357 Subd. ld. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordiriance providing for the prevention or abatement of nuisances,as defined in section 561.01,or eliminating a use determined to be a public nuisance, as defined in section 617.81, subdivision 2, paragraph (a), clauses (1) to (9),without payment of compensation. � Subd. 1 e. Nonconformities. (a)Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this cHapter,may be continued, including through repair, replacement, restoration,maintenance, or improvement,but not including expansion, unless: (1)the nonconformity or occupancy is discontinued for a period of more than one year; or (2)any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent properry or water � body. When a nonconforming structure in the shoreland district with less than 50 percent of the � required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. (b) Any subsequent use or occupancy of the land or premises shall be a conforming � use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon : � nonconformities reasonable regulations to prevent and abate nuisances and to protect the public . health,welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c)Notwithstanding paraa aph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of.nonconforming uses and structures in$oodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and � not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d)Paragraphs (d)to (j) apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. A municipality shatl regulate the use of nonconforming lots of record and the repair, replacement,maintenance, improvement, or expansion of nonconforming uses and structures in shoreland azeas according to paragraphs (d) to (j). (e)A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements,provided that: (1)all structure and septic system setback distance requirements,can be met; � (2)a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and (3)the impervious surface coverage does not exceed 25 percent of the lot. Copyright�2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2010 462.357 (fl In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1)the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with 1Vlinnesota Rules, chapter 6120; (2)the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3) impervious surface coverage must not exceed 25 percent of each lot; and (4) development of the lot must be consistent with an adopted comprehensive plan. (g) A lot subject to paragraph (� not meeting the requirements of paragraph (fl must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (h)Notwithstanding paragraph (fl, contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules,chapter 7080, or connected to a public sewer. (i)In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (j)A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Subd. lf. Substandard structures.Notwithstanding subdivision le, Minnesota Rules, parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of substandard structures, as defined in Minnesota Rules,part 6105.0354, subpart 30, in the Lower Saint Croix National Scenic Riverway. Subd. lg. Feedlot zoning controls. (a)A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process,no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b)Prior to final approval of a feedlot zoning control,the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to the commissioner of agriculture and request review, comment, and recommendations on the environmental and agricultural effects from specific provisions in the ordinance. (c) The agencies' response to the municipality may include: (1) any recommendations for improvements in the ordinance; and Copyright m 2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 4 MINNESOTA STATUTES 2010 462.357 (2) the legal, social, economic, or scientific justification for each recommendation under clause (1). (d) At the request of the municipality's governing body, the municipality must prepare a report on the economic effects from specific provisions in the ordinance. Economic analysis must state whether the ordinance will affect the local economy and describe the kinds of businesses affected and the projected impact the proposal will have on those businesses. To assist the municipality,the commissioner of agriculture, in cooperation with the Department of Employment and Economic Development, must develop a template for measuring local economic effects and make it available to the municipality. The report must be submitted to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e) A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358, subdivision 6. Subd. lh. Comprehensive plans in greater Minnesota; open spaces. When adopting or updating a comprehensive plan in a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision lOb, and that is located outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land and the minimization of development in sensitive shoreland areas. Within three years of updating the comprehensive plan, the municipality shall consider adopting ordinances as part of the municipality's official controls that encourage the implementation of the goals and objectives. Subd. 2. General requirements. (a) At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. (b) Subject to the requirements of subdivisions 3, �, and 5, the governing body may adopt and amend a zoning ordinance by a�1�ajority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the eYisting classification of a zoning district from residential to either commercial or industrial requires a two-thirds majorit�� vote of all members of the governing body. (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Subd. 3. Public hearings.No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice Copyright �O 2010 by the Office of the Revisor of Statutes.State of Minnesota.All Rights Reserved. � , 5 MINNESOTA STATUTES 2010 462.357 and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings,provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or unti160 days have elapsed from the date of reference of the amendment without a report by the planning agency. : Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres,within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such plarming commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community,to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time,place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6.Appeals and adjustments.Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique Copyright m 2010 by the Og'ice of the Revisor of Statutes,State of Minnesota.All Rights Reserved. ` 6 MINNESOTA STATUTES 2010 462.357 to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. . "Undue.hardship" as used in connection with the granting of a vaxiance means�the property in question cannot be put to a reasonable use if used under conditions allowed by the official - controls,the plight of the landowner is due to circumstances unique to the property�not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance.Undue hardship.also includes, but is not limited � to, inadequate access to direct sunlight far solar energy systems. Variances shall be granted far earth sheltered cor�struction as defined in section 216C.06, subdivision 14,when in hannony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case . may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. � Subd. 6a. Normal residential surroundings for persons with disabili�ies.It is the policy of ' this state that persons with disabilities should not be excluded by municipal zoning ordinances or � other land use regulations from the benefits of normal residential surroundings.For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7.Permitted single family use.A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed , day care facility serving 12 or fewer persons, and a D oup family day care facility licensed under � ' Minnesota.Rules,parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes � relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. . . Subd. 8.Permitted multifamily use.Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning.A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which axe more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless , � the additional conditions are necessary to protect the health and safety of the residents of the , residential facility.Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. Subd. 9. Development goals and objectives.In adopting of�icial controls after July 1,2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2,the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives: (1)minimizing the fragmentation and development of agricultural, forest,wildlife,and open space lands, including consideration of appropriate minimum lot sizes; Copyright�2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. � * 7 MINNESOTA STATUTES 2010 462.357 (2) minimizing further development in sensitive shoreland areas; (3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers; (4) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses; (5) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers; (6) identification of areas where other developments are appropriate; and (7) other goals and objectives a municipality may identify. History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art S s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 a�•t 2 s 66,67; 1994 c 473 s 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s S; 1997 c 202 art 4 s Il; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14; 2002 c 366 s 6; 2004 c 258 s 2; 2005 c 56 s 1; ISp2005 c 1 art 1 s 92; art 2 s 146; 2007 c 140 art 12 s 14; 2008 c 297 art 1 s 60,61; 2009 c 149 s 3 r Copyright�2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. + ' � � � ♦ To: Chair Kang and Planning Commission Members � Jessica Loftus, City Administrator _ From:. Melanie Curtis, Planning &Zoning Coordinator �,(/ Date: 11 January 2011 � Subject: #11-3496—Amend City Code Section 78-71 . Public Hearing . Application Summary: The City is proposing an �amendment to City Code Section 78- 71 re ardin nonconformin , non-structural hardcover and un clubs. Staff Recommendation: Planning Department Staff recommends approval of the ro osed amendment. ' � Pertinent Zoning•Ordinance Sections � Sec. 7&71. Nonconforming structures and uses. , List of Exhibits - Exhibit A. Draft Ordinance � Exhibit 8. Existing Hardcover Regulations Exhibit C. Sketches Summary Hardcover. � The City Code has provisions for nonconforming structures and uses regarding changes, expansions, alterations, maintenance, etc. Currently an existing nonconforming structure may be rebuilt, in-kind following the provisions within section 78-71. An in-kind reconstruction or replacement is limited to the existing footprint, location, volume and envelope. Regarding a nonconforming structure this means you can rebuild exactly what currently exists in the exact location but cannot change the outer envelope or location in any way that expands the nonconformity. Additionally, a smaller structure could be constructed within the nonconforming footprint/envelope area. Hardcover is regulated by square footage or percentage of coverage by zone. With respect to hardcover the current provision allows a property owner to put back exactly the same square footage of hardcover in the exact location. When a property is redeveloped the City has an expectation that the redevelopment, i.e. new home and appurtenances, will conform to . today's regulations or what is permitted by the nonconforming status. Administration. of the hardcover regulations has historically not allowed for rearrangement of nonconforming hardcover at the discretion of staff. If a property owner exceeds the percentage of hardcover within a particular zone and wanted to reconfigure the hardcover resulting in a lesser percentage but still exceeding the amount allowed a variance would be required. Through the years numerous applicants have questioned this policy. However, since the City was able to be flexible and typically allowed the hardcover rearrangement (if reductions were made) the policy continued to be followed. Beginning in the summer of 2010 the Krummenacher Supreme Court ruling resulted in the City reviewing a number of our codes and processes. It is likely these types of applications for hardcover rearrangements�would not meet the hardship definition and variances would not be an option. e 0 FILE#17-3496 Page 2 of 2 Therefore, in order to allow a property owner to reduce or rearrange existing nonconforming hardcover City staff is proposing an amendment to the zoning ordinance which would expand the options for dealing with nonconforming, .non-structural hardcover. The proposed amendment would allow a property owner to remove and reinstall legally nonconforming hardcover within the same zone (outside of the 0 to 75- �. � foot zone) in a different location, or reconfigure the hardcover as long as the � nonconforming square footage is not exceeded. Gun Clubs: In December the City Council amended the uses within residential districts. � This resulted in the removal of gun clubs from the code as a permitted, conditional or accessory use where previously gun clubs were allowed as a conditional use. Staff discussed the implications of becoming a legal, nonconforming use with the only gun � club in the City. The size of their site and the current rules governing this type of use do not allow for expansion of shooting field areas.� The gun club expressed an interest in expanding their hours of operation in the future in order to accommodate more participants. The amendment language proposed to 78-71(b)(8) will allow the Council to make changes to the hours of operation. Issues for Consideration � 1. Attached are 3 different examples illustrating the application of the new language. Please review these examples to help identify any unintended pitFalls to the adoption of the proposed language. 2. Does the Planning Commission have any concerns with the ordinance amendments? Staff Recommendation • Planning Staff recommends approval of the language as proposed. 2 ` �� " r , ORDINANCE NO. , THIRD SERIES � CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ORONO CITY CODE REGARDING NONCONFORMITIES THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS: SECTION 1. The following language has been added to Section 78-71 (Nonconforming • structures and uses) of the Orono City Code: Sec. 78-71. Nonconforming structures and uses. ' (a) General provisions. (1) Purpose. It is the purpose of this section to regulate nonconforming structures and uses, and to specify those requirements, circumstances and conditions under which nonconforming structures and uses will be � � operated and maintained. The Zoning Code establishes zoning districts and specific uses which are permitted within each district. It is necessary and consistent with the esta.blishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. (2) Effective date. Any structure or use lawfully existing upon the effective date of this section shall not be, enlarged, expanded, extended, or altered in any manner which increases its nonconformity, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended. Any land or buildings which were actually and legally devoted to a nonconforming use on January l, 1975, and which were thereafter specifically allowed to continue said nonconforming use under the terms of a conditional use permit issued by the city council, shall be allowed to continue under the terms of said conditional use pernut. (3) Safety repairs. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said siructure is declared unsafe by the building official. - (b) Nonconforming uses. 155029v1 1 � (1) Change to conforming use. When any lawful nonconforming use of any structure or land in�any district has been changed to a conforming use, it sha11 not thereafter be changed to any nonconforming use. (2) Change to new nonconforming use. An existing nonconforming use may not be changed to another nonconforming use. (3) Relocation of nonconforming use. a. No nonconforming use shall be moved to another lot or to any other part of the parcel of land upon which the same was conducted at the time of this section's adoption unless such movement shall bring the nonconformance into compliance with the requirements of this section. b. Nonconformin�non-structural hardcover mav be relocated, � includin�full renlacement:to anv other nart of the narcel of land upon which the same was conducted at the time of this section's adontion, brovided that: 1. The hardcover is nonconformin�onlv bv reason of the nercenta�e of land devoted to the use or the sauare foota�e - of the use. 2. The relocation does not bhvsicallv enlar�e the size of the nonconformin�use. 3 The relocation does not substantiallv chan�e the character of the nonconformin�use. 4. The relocation does not create a new nonconformitv with resnect to size or nlacement bv relocatin�to a different hardcover zone as such zones are defined in section 78- 1288. 5. The relocation comnlies with all annlicable setback reauirements for the district in which it is located: 6. No relocation. in whole or nart. is made within 75 feet of the Ordinarv Hi�h Water Level of anv lake or tributarv. (4) Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land may be changed to decrease the nonconformity 155029v1 2 of use. Once the nonconforming use of such structure or parcel of land has been so clianged,:said use shall not thereafter be altered to so as to . increase the nonconformity:from its decre�ased state. (5) Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in confornuty with the provisions of the Zoning Code. (6) Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, - including incidental alterations which do not physically extend or intensify the nonconforming use. (7) Alterations to lawful noncon,farming units. Alterations may be made to a ' conforming building containing lawful nonconforming units,provided they will not increase the number of units or the nonconformity. (8) Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlazged. However. a lawFul nonconformin� �un club mav a blv to the citv council to modifv its hours of oberation or to exband its oberations within the existin� defined narameters of the nronertv. (c) Nonconforming structures. (1) Involuntary damage or destruction. Whenever a lawful nonconforming struciure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter sha11 be in full compliance and accordance with the provisions of the Zoning Code. (2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of a11 or portions of a lawful nonconforming structure. Whenever a lawful nonconforming structure sha11 be destroyed by means other than fire, flood, explosion, earthquake, war, riot, or act of God,to any extent then such structure may be restored only if a building permit is applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure shall be built in full compliance and accordance with the provisions of the Zoning Code. isso29�i 3 (3) Expansion of nonconforming structures. No expansion of nonconforming structures sha11 be permitted except as specifically listed and allowed herein: a. Expansion of nonconforming single family residence structures. Lawful,nonconforming single family residential structures may be expanded,provided: 1. That the expansion does not increase,the nonconformity, � and complies with a11 height, setback,hardcover and lot coverage requirements of the district in which it is located. 2. That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located,the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less . than 50 percent of the required setback for that zoning district,the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: � 1. That the expansion does not increase the nonconfornuty of the accessory building, and complies with a11 height, setback, and hardcover and lot coverage requirements of the district in which it is located. � 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located,the expansion shall meet a11 height, , setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback,the City will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. isso29vi q. (4) Relocation. No nonconfornung structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section�adoption unless such movement shall bring the nonconformance into compliance with the requirements of • the Zoning Code. (5) Prior permit. Any proposed structure which will,under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, . may be completed in accordance with the approved plans;provided construction is started within six months of the effective date of this section, and continues to completion within two years. Such structure sha11 thereafter be a legally existing nonconforming structure. SECTION 4. Effective date. This ordinance shall be effective upon adoption and publication according to law. � . ADOPTED this day of , 2011 by the Orono City Council. CITY OF ORONO James M. White, Mayor ATTEST: Linda S. Vee, City Clerk 155029v1 5 . � �t� ��" � Sec. 78-1288.Hard cover limitations. . (a) Hardcover allotment. The following hardcover restrictions apply to all properties in the Shoreland Overlay District: ' (1) Hardcover zones. a. Within 75 feet of the Ordinary High Water Level (OHWL) of any lake or tributary,no hard cover or impervious surface shall be placed,located or constructed, except for driveways, 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 hardcover. c. Between 250 feet and 500 feet of the OHWL there shall be no greater than 30 percent hardcover. d. Between 500 feet and 1,000 feet of the OHWL there shall be no greater than 35 percent hardcover. (2) Zone to zone credit/debit. a. The allowed allotment of hardcover for the 250 feet to 500 feet zone or the 500 feet to 1,000 feet zone may be increased up to an unused square foota.ge of allowable hardcover of a zone closer to the OHWL. b. Unused hardcover cannot be transferred to a zone closer to the OHWL. c. If hardcover is credited from one zone to another, additional hardcover may not be later added to the zone closer to the OHWL if the presence of such hardcover would have prevented the crediting. d. The allowed hardcover in any zone sha11 be decreased by the amount of legal non-conforming hardcover in the zone next closer to the OHWL. (b) Additional hardcover provisions. (1) Overhangs: � a. Where an overhang is supported by a post,the area under the overhang to the outer edge of the post shall be considered as hardcover. b. All but the outer two feet of an unsupported overhang ten feet or more off the ground shall be considered hardcover. The following drawings are included for illustrative purposes: [Drawing 1]. (2) Decks: Hardcover may be added under a deck attached to a principal structure if ' the deck is conforming or legal nonconforming and the added hardcover is otherwise permitted. � (3) Driveway easements: The following principles apply where one or more properties (secondary property) gain its driveway access from an adjacent property (primary property)by virtue of a driveway easement: a. That portion of the driveway on the primary property that serves both the primary and secondary property is considered hardcover for the primary property. ' b. That portion of the driveway on the primary property that serves only the secondary property is not considered hardcover for either the primary or secondary property. c. The area of the driveway on the primary property that serves only the secondary property shall not be included in the lot area of the primary property for purposes of calculating hardcover. The following drawings are included for illustrative purposes: [Drawing 2]. (c) Future improvements. The following items shall be included in hardcover calculations regardless of whether they are proposed to be construction at the time of building permit application: (1) Proof of a two-car garage (deta.ched or atta.ched). (2) For all garages a driveway, subject to the standards in paragraph(d) of this section. (3) A 24 inch wide sidewalk from the front door to the driveway. (4) The minimum stairway or landing at all exterior doors as required by the building code. (d) Driveways. All driveways shall comply with the following minimum dimensional standards: (1) Driveways serving end loading garages shall maintain a driveway apron with minimum width equal to the width of the overhead door(s). � For purposes of this section, a driveway apron is that portion of a driveway that extends 15 feet from the garage door(s) on an end loading garage. (2) Driveways serving side loading garages shall provide a minimum turn around or back up depth of 20 feet, as measured from the garage door(s). (3) Minimum driveway taper ratio shall be 2:1. (4) Driveways sha11 be at least eight feet in width at the street or private road. (5) A turnaround sha11 be provided for a driveway with direct access to an arterial or collector roadway, or for a side load garage as determined necessary by the city planner. The minimum dimensions of the turnaround shall be eight feet in width by 12 feet in depth. (6) "Wheel strip" driveways are allowed,but the entire width of the driveway(from outside to outside of the strips)will be considered hardcover. The following drawing is included for illustrative purposes: [Drawing 3]. (e) Compliance. (1) It is unlawful to convert, enlarge, or alter any structure or use any structure in a manner that violates the hardcover limitations. (2) Nonconforming hardcover may not be relocated or expanded in any way unless the property is brought into conformance except: a. A roofline may be changed but the roof may not be extended over unroofed portions of the structure. b. An additional story may be added over roofed portions of a structure. c. An open or screened porch may be converted into a two or three season porch or year round living space (including replacing a post foundation with a perimeter foundation) provided hardcover is not increased. (3) This section is independent of lot coverage regulations in the city Code. Accordingly, a property must conform to both hardcover and lot coverage regulations. � (Ord.No. 101 2nd series, § 1(10.56(16)(L)), 2-24-1992; Ord.No. 59 3rd series, § 3, 5-11-2009) / � � • . � - � M- � � � � o �' �o�0 � � � � � 1� ,�� t► .. � � � `� r' �- ► � � f° � �- � 1--�_ � cJ ---�.. � �'�""��-----_.�. �'°—_____ . 0 0 � �� ' � ::.'•.�•':`?:::::,::.;::'::::::.:..::`'.:;:.:. / � � . -�, � � � � ��o�. � • � �` � � � � � ,t� , - � �' � U• � ��i 1 � �� . „_, �-� D �.. �-.. -�_ -�-r... � �� r 0 � _�� 0 / - . . � � � O � � � �� Q�� ,� �� o� `i . � r'� ; ; , ., � � � � � °� � CJ �. o� ;� . 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N ` � e �. o I 2 � M � � ° .`� � � � ) , � �1= _ . � � � - 2 �i,�,, c� � rc � , M 7a �J� , � � �� r . � - � .� � � r ~� � ^ � � .� .� �p �� 1 ��Q� 1 �` � ° �,r ,�?s ° p � " Q � �1� p �.J � ,. �� a3e0 ! � M . t ; � ; �a[ad auail� i , � , � _ Date Application Received: 12/14/2010 � Date Application Considered as Complete: 12/14/2010 � . 60-Day Review Period Expires: 02/12/2011 �. - � To: Chair Kang and Planning Commission Members � ` •Jessica Loftus, City Administrator � � from: Melanie Curtis, Planning & Zoning Coordinator , � Date: 10 January 2011 � � � � Subject: #11-3497, Choice Wood Companies on behalf of William Trubeck � 3300 Fox Street CUP for a guest house . , Public Hearing . . . -------------------------------------------------------�---------------------------- . Zoning District: LR-1A, One Family Lakeshore Residential, 2-acres/200' � Lot Area: 198,852 s.f. (4.5 acres) _ . � � Lot Width: 96' @ OHWL & 143' @ 75' setback 'h� Application Summary: The applicant is requesting a conditional use permit�to allow a uest house. �•V=" Sfaff Recommendation: Plannin De artment Staff recommends a roval of the CUP. . Pertinent Zoning Ordinance Sections , Sec. 78-303(3)(a) Guest houses. Sec. 78-305. Area, height, lot width and yard requirements. . Sec. 78-916. Granting of a permit. Sec. 78-1434. Area restrictions.(regarding OAS) . List.of Exhibits Exhibit A. Application - ' Exhibit B. Proposed Survey _ Exhibit C. Proposed Site Plan - Exhibit D. Proposed Building Plans and Elevations � Exhibit E. Hardcover Calculation Worksheets Exhibit F. Memo from Willie Gibbs � Exhibit G. Relevant Code Sect'ions Exhibit H. Property Owners List Exhibit I. Plat Map Background ' The subject property is located in the LR-1A zoning district which requires a minimum of � 2 acres in area. The property is 4 '/2 acres in area. The property owner would like to demo the existing detached garage and construct a new, 1,788 square foot, detached � building to function as a garage and one-bedroom guest house. In order to construct a guest house a minimum of 4 acres is necessary; a conditional use permit is required. �' - ' FILE#11-3497 P� 10 Jan 2011 � Page 2 of 2 ------------------------------------------------------------------------------------ LOT ANALYSIS WORSHEET � � Lot Area/VVidth: LR-1 A Lot Area Lot Width Re uired 87,120 s.f. 2 acres 200' • � Actual 198,852 s.f. 4.5 acres 96' OHWL& 143' 75' setback Guest House Setbacks: . LR-1A Re uired Proposed . Rear 50' 92.3' West Side 30' 210't East Side 30' 42' Lakeshore 75' +500' � Average Lakeshore Structure is located behind the home and meets the average . lakeshore setback. Structural Coveraqe: As the lot exceeds 1.99 acres in area, structural coverage limitations do not apply. . Hardcover Calculations: Hardcover Total Area in Allowed Existing Proposed Zone Zone Hardcover Hardcover Hardcover 0—75 9,653 s.f. 0 s.f 0 s.f.* Os.f. ��%) ��%) ��%) 75—250 32,474 s.f. Os.f. Os.f.* Os.f. (25%) (0%) (0%) 250—500 63,380 s.f. 19,014 s.f. 8,513 s.f.* 8,513 s.f. (30%) (13.4%) (13.4%), 500— 1000 g3,345 s.f. 32,670 s.f. 13,765 s.f.* 15,500 s.f. (35%) (13.8%) (16.6%) *After exclusion of fabric or plastic-lined landscape beds ------------------------------------------------------------------------------------ The property meets the acreage requirements for-a guest house. All other requirements for hardcover and setbacks have�been met. The City septic manager has approved the proposed septic design for the guest house (memo attached as exhibit F). Additionally, at 1,788 square feet, the guest house qualifies as an oversized accessory structure . (OAS). The owners should be subject to the standard OAS covenants in addition to the guest house covenants as part of the CUP approvaL Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the CUP for the proposed guest house subject to the standard covenants. � 2 p.2 CHOICE 4100D (�081PANY r�� °'�•�� ' 22�10/20T0 12:38 9529246269 - �� a�� . p►Pplication## �(� !"l/�� 'Date Received 2-I � 0 � A,rriaunt Paid - c��r oF o�o�o . GUNDITIONAL• USE PERMiT and OTHER l.,A�ID USE APPL�CATI�N PRQPER�'Y�OCATIOlV i_ _� ' Site Address -�� "��°x ��r�` TYPe of Application to be Fled G,u.�. �u��'f' ��-'-S'� _ Pr�perty Idcn;ifica;ion fVumber(P.I.D.)��~�t�• 'L3• 4� - �003 APPLlCANT ��.�.. C.o • j�'i� S�a'�� Name G��'-'� � -- Phone(home) � PhO�e(wvrk) `�SZ� `�� •ao 4 Add�ss3� � CitY��cS ZiP...�.�.��.'�� . . pa�� OWNER�if diffe�nt than a ticant) Name lA1i l i�a.. t'c`�b�— Phone (home) `C�Z-'��'3 -��Phane(work) Address��o '�ox 5'1'• City1�,,�,� �.-ak-e- zip 3�(c� Date�Pro er! Acquired �I I�R 3 �! (monthiyeer) � (�!p not o awn the adjacer�t parcels of land_ . FEES -GfJHDITiONAL US�PERIIAfTS- ,$700.0� Residential Aocessory Use $�00.00 Institutional {chus�h,schoal,etc.) ��700.00 Guest House/Guest Apartmer�ts $7d0.Ob Duplex 570D.00 CommerciaUlndust�ial Use 570�.OD Land Alteration Permit ' . �Grading and fiUing-designsted wetla�d or floodpiain -• � - G�ading and filling-Sa1 r,�,.y�d. or more � plus$700 Escraw Grading,seawall,retaining walls within 75'of lakeshore $350.U0 Rencwal Fee(iF no change from original appllca6�n) � After-the-Fsct Fee-�auble Current Ap�lice6on Fee • OTHER APPUCAl'IONS $700.�0 Co�nmercial Site Plan Review,PLUS consuftant fees . Commercial S�e Plan Review Escrow, �70,000 mmimum , . $200.00 Easement Vacation,with Subdivision Application � $700,00 Easem�nt Vacation withaut Subdivision Apptication $700.00 Rezoning �740.00 Comprehensive Plan Amer�dment $9QO.D0 Appeals $700.�0 Zoning Code Amendment RPUD 1 PUD!PRD !PID-see Fee Schedute Otller-see Fee Schedule - s 7his is an infarma�iorr sheet.Every effoR has been mede to insur�the eccuracy af fhe rnfr�rmation co�tained herein; however,if8nylnformalMn is not cons�.stenf with provisJOnc r�t the Cily Gode,the Corle provisrons w10 pravaif. CUP and Other Lantl Use AppGcalions I.astUOdated: November30.2009 � �a �a�4o�� DEC 14 2010 CITY OF ORONO . p.3 12/10/2810 12:38 95292d0269 CHOICE 4JOOD COMPAI�N rH� G�.°� � RE�IUIR D SUBMiTTAI..S • �, Completed Applicatian F�rm. Z. pescribe reGuest in detail. 3, Certified Properry Owners List af rnvncrs within 350' vf the subject propetty, labels and piat map. List, label5 and map may be obtained ftom Hennepin Gounty Oepartment of Fiaance, �,/ Government Ce�ter,A-603 3Da 5outh 6"'�Sireet.Minneapolis,te{ephone 612-348-5g1�). . 4, c�C� Certificate of Sunrey(signed by 2 licensed surveyorj-refer to handvut for survey infortnation. � 5, Altach legat description to application ff not included on required survey. g, � Tapographic survey (existing and proposed contours) if land alteratians involve changes in ,. et�wation(grades). 7, �_ Lis;of the fegal names(include mamal status)of all persons with an intereSt fn lhe propertY, This would inolude name(s}of appficarrt(s)i�not curreni owner(s). 8_ Construction plan,if applicable(see staff for requirements), g, � As an adder,dum to this applic�tion,ptease attach a separate list of any other persons you wish notified of this appNca�on. , YQU ARE REQUIR�D i'�SUPPLY 3 COPIES OF LARC3E DOCUMENTS AND 7 COPY FOR REPRODtl�T10N(11"X 9T`OR SMALLER)FOR ALL DOCUWIEN�S SUBM!'FTED. (Staff wtll require scaled drawings of all flocurnents,plans,etc.to be submitted.) The Applicar�t and Properfy Owner must sign ti�is application. Please femembe�th81 your application is no*. complete i(the above information has not been includ£d. APPLICANTS SIGNATl1RE The appficarrt ttereby agrees;o prav�de al(ir�farmation required or'requosted by ths Zoning Administrator, agrees to pay additional fees (staff fime not covered by a�iginal fee payment) andlor unusual expenses incurred in reti�+vf this application,and certifies that the infortnation supplied is true and oorrect to the best of hisrher knowledge. ' Applicant's signature �� +� �� OWNER'S SIGNATURE The owner hereby ackrtowledgesand agrees to this applicatio�ancl further authorized reasonabte entryonfo��: the¢rapeity by Gty staff, ctmsuttants,agents, commission m�mbvrs.ancf Council members for purposes of investigation and verfica#ion of this reque5�. • owner's signatu Date 1 L a �c�Q Applicant must have al!submittals into the City offices ZS days before the Planning Commissifln Mee6ng. Plannin9 �mmission Meetings arg held on the third Monday of e8ch rnor:th. Applicants must he present at al{ schedukad review meetings of:he F�anning Commission and Counal. If an appficant is unable So atfend a scheduted meeting, Qfeas2�'Iake arl'dngCmentS to have an�uthorized agent attend in your place and advise She Buildf�g&zoning OffCe of lhis change�rior to the meeting. 7his is an infi�rmation sheet.Every elfort has been mede fo insure the accuracy of ifia information contained hereln; hOwev9r,it any irtfnm�sRon is nat Conslsfent with prvvis►on,of�he City Code,the Code provisions wi!!prevall. CUP�nd Other tznd Use AppYw�tion6 . Last Updated: Navembor 30.2009 9 �y r`, �ii��0 V�D � DEC 14 2010 � crnr oF oRONo , , � � Request for Conditional Use Permit for 3300 Fox Street,Lon�Lake, Mn 55356 . This is a request for a guesthouse C.U.P for 3300 Fox Street. The proposed project is to remove the existing detached two-car garage and replace with a new 1-bedroom guesthouse with 3-car parking and workshop space below. In addition we will be adding � a new septic system to provide service to the new building. Please see attached septic design per Rusty Olson's Soil and Percolation Testing. ��AV�� DEC 14 2010 J� I � ' ` CITY OF ORONO u rti v .G r r vt� N 22o3p� ��- L.� .....lso_`. �9 v. `�, ��`�� 6 �•�:� 84•� +_ .:.,. 9� 8e� �d,�� . - �� , �� . 4.� ; � �\ .: \ ss�,, 9�0 o, o° ..:: _ N0. 72'7 AND o � �:;� � � � . �• .p .,: . . �S� •� �� ` '�c'cS,-� � Z.L.S. N4. 1358 ►�`�� , �-�:�� `� F, , `� �� o� ��,. .,: ;,�...---...... � �\ \ ' \ \ MINNESOTA � � �� ii . ��`•, � . �� \� �� `; � � \'•. � � � � �\:, � I \ � � ;� \. ...�.;•• � / \ � �•.,, \\ � � � 0� \ � ��,. � � , \ � � o'�J� '�� 1 1 ` � � �' � \ �� O, � \ � ' Ex�srric cnrv�cE 'BLACKTOP �, � \ .\�� , � I ` TO BE REMOVED DRIVEWAY � � I � �\'` � \ � 2 . ;� . I' ��.• , \\ �� ,1\•• 1 I \ ...[.'JO- ..�Fk2;' . � J �1 � � i � 2 � ""} � � I � � � � 1 O ,PROPOSED � ..'�:: � ( � Ox. �• • \ .,, \ � BUILDING ...� C1�\ � �� "•�...• �\ � \ � �c''N.N w I •'� � O� �R� 3. ____ � -.. I — ' \ • . �� 9 ,o., .. \ \ � S r\ \ �• �' � p 9 80 — — • "t \p � � \ � r:\ � �� 8 ----- — - � = � � � � � •. � �•. � 9) _ _��.�� \ � \ � ..,\ �� 6'�---'_ PROPOSED � \ � �\ I�@S Of �� \ \ \ �� \\\ . �9�4____�� SEPT'C AREA��..\\\ d \ � � � � . . � � \ � � � ::�::,�� _--��;'�: \ N . 1358 �files ��w � �..;.. ,....,� ; � �� ►. L j 9 � 1'...� � , � �' �• •�. � � „ � ; ;N�� sota. _ . \ �.�:'.., , .. � t�� • �?, � I:,.'.i' � � _ ' , .:. I . . t, � Q \ �' \�' \� 9,� \�'t,.. GAZEBO .� � � � �� o � � � � 9s� � • �: � �:.._•�� \ � � � � - . � �•� \•'' •��ti I ' �\ �� ` �� \ ' ,•\ y� t�} �. � �,O �� `9� ��? A �� I BLACKTOP \' � �=..,M»,� �:':r �ity maps O 9 �� I DRIVEWAY �� \ I / ..:� `. ..,� ` . � O� S8 \,500' � \ � \ �/ � ' ... latum. �� O �� \�� SETBACK\ �� - S ��LINE \ \ I \ . � � � � ... Z� � \ \�\��\ 1 �� I � � � �..... �EAST � � 276.20 ��. � g� �\ .- ;:-�--�--�--- -��,. — ---- -� � ...� � o,. , �f the above � � � 1 � � � , 1 � �;\ � � �'� �'••••...... �� O g house, existing �� \° G I �� e West, the location cr � «� � � � 00 , ; \ \ 1 EXISTIN HOUSE� BLACKTOP �. O ocation of a _._� ; � °�� \ � � �3300 IVEWAY N \� � �es not purport � _ �� °p► � � � � ` q5.8�... � „50.0 � � iments. � .�. .�•• \.. \ � . \ \ :� �� ° — EXISTING HOUSE �� \ 1 � 96 '� \� , � �3320 \\ \� \\ �� \� � I C��.P�� \ � �� D�T A 3 L i i i POOL \t�� \ i . . ——_ � . \ \� �� \ �� 6'� \ I � � ''• � � � � I � _ .z� '� �'' � � � \ — -- � � � \ I : � � � � \ \ �� 1 --, � �;• � � .��. �; ..., �,.` � r� � I �� •p ��,�� '� :.��.�' `��962 � � � I � ; : . o \ \ �...,_ � \. � � � \ � I � � � �� \ '�.�� 96p, �� '� � � � �9 � � \ � I O \ � � �� \ , � S8. O \ �� :�_ �� 9S � �� \ � `. , } � 0 �� \ �'��: ~� �9S S� �\ � � � \ . �:' g. � � �\ �\ �\ .. `�9S � �� \ �\ � \ � . . \ � � � ?� � � � \ \ �� 9 �.;` \ \ � C- .� \\ � \ � zs.o � �\ Sp� �' z \'�:.,,, \ � e � � �9 \ �\ ...��,�; . _.,� '� \ , \� �8�\ �\ ` '�,�•: �. �� l1 \ 250' \� \ \ � \ � � BLACKTOP � \\ LINE ACK \ \\M � �� DRtVEWAY � � �� \ �R�\ . � . �.�1 \ ��r �\ 1 3 � � i 24.8 - � \� \ 1 1 � � 1 � � NCQ \� j � 1 \ \ O 0 � 1 \ . \ \ \� \ . \ � a aR�ac \ \\ �\ \ 1 � d Cor�C' �P R \ � \��Q � 1 �' � \� \\ \� �A. � ` �� \. � � � O � \ � I \ w�` . \ \\ . \� � \\ � \ �� _ � �� • \ � �. . . . . � '�� 9�r? � 1 � , . . � . , . CERTIFICATE OF SURVEY FOR 22,30,00" E � v WI � � I AM � � TRU BECK N 84.16 . .. � � OF- TRACT A R.L.`S. N0. 727 AND o°o� ��s �- � OF TRACTS C 8c D, R.L.S. N0. 1358 �'��'��,°h P HENNEPIN COUNTY, MINNESOTA �'' ��o�' � � ii . �� ,, �� O g� —50 0 150 . � ��Q�� ioee"a°oveo e�n T P DRI .. _� . 25.1 � �O � 42 � X 5.5 O 'PROPOSE N � W SCALE IN FEET � � NeuU�oigo- � O , S-�REE � '� ��---- �' ° � o..�� o o � LEGAL DESCRIPTION OF PREMISES : � PRO OSE Tract A, Registered Land Survey No. 727. files of � A Registrar of Titles; Hennepin County, Minnesota • � � AND Tract C and D, Registered Land Survey No. 1358, files p (� . �p of Registrar of Titles, Hennepin County, Minnesota. I \ l� .�� c� � GAZEBO � o : denotes iron marker p � ,�, � �� O `�' BLACKTOP � � : denotes existing+contour line, per city maps DRIVEWAY O O � �5 0' . `� l�L� � • \ Bearings shown are based on assumed datum. .�, � Lot area = 198,818 sq.Ft. EA T +\� 2 . 0 `' '1�� This survey intends to show the boundaries of the above � � EXISTING �� O described property, the location of an existing house, existing U` HOUS�"�.. BLACKTOP •�� garage to be removed, adjoining house to the West, the location ° �330� �WAY r0 of all visible "hardcover", and the proposed location of a y�� B`''g o�' � proposed building ond septic site thereon,it does not purport �aREiE a \ to show any other improvements or encroach ents. EXISTING � HOUSE � (�J320 � CONCRETE p�np � TAI POOL Z . ' � \ ` � � � � 0 • BLACKTOP � DRIVEWAY � � a�u��vax � • ao,y.4.� ''�.,\ \ �.O N � � 11..1 N N 8.4 n ° 'rf �� ° 3.0 IB.3 a 11.I NI1.0� � � � �.5 + �,ZS EXISTING 4.8 � . � ;� a.e 250' H 0 U S E n^ BLACKTOP SETBACK p�j � �ea #.�'3OO DRIVEWAY � LINE •�\ 18.4 � � '� �'f I4.3 Ay �a� 21.8 ' � 1 � �� '� 14.6 � N� O . �'"¢• �.e icu �'+� CONCRETE p �` � � PATIO h w� O ta.a (� NC. NALL sTa+c f wui � vw�ao � • CONCRETE PqnO ' ' • 5� SE ACK • \ LINE POOL _ _ �'� �, � 929.4 • CONTOU 2 uNE � SU Y �S AS IOCATEO ON 6-4-09 L E \` ' BRICK� T� PILLAR � N�E (�) "�+� L A K E `�``�- - ��v�� DETAIL MINNETONKA oEC � � 2o�0 1" = 20' s C A � E MAXWELL BAY CITYOFORONO DESIGNED REVISION DATE oES�R�PnoN - G R 0 N B E R G A N D � hereby certity that this SUfVCY waS prepared by me, SCALE or under my direct supervision, ond that � am a duly �"=50� A S S 0 C I A TE S� I N C, registered Civil Engineer and Lond Surveyor under the DRAWN laws o( the State of Minnesota. DA�E CONSULTING ENGINEERS, LAND �2-2—�0 CHECKED SURVE4OR OR HL WILIOW oRIvENNERS - � JOB N0. LONG LAKE, MN. 55356 10-329 1-329 � � Cr11�11��C1�1��Y��I G��/�� L � u ?O l0 Ild . ((ff�� -_ � �� - - � � � � � � _ - � � � . (� � �,n ....se.....x.+,--. .-..e e...._.._ . .s.�.r.s a.s�.....�- . .-.e....._..�. ...r-� - ...-.n. . 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O :jsal: �t �{j; {. f` ,j �I�j:� (:.�i7 i�{,t F �{ I �� .� � { ~1a � � $�� 0� = �� .Y�' � ;:+:�. �� : �p ' � � ; ::�� ::.:.�i� E:, a Cl� a �� # ,�;E! r!, � ! ti��i x(1�""��t ��'�( 3 ' t - � � � il� F 'I�iE.�� /:p �� 1�� r,�� '�.�,}� � � ��Gu�� :�� :r,� al��}i�� S�r��i �!_r��ij�� •iet HH NH'yi!ENHH'Hi. . �� :�.. � ti � T� ubeck Gues tho use �� : � . � .�� 4�;�� Guesthouse New Construction � I I I�I"I� 3300 Fox Sreeet,Lang[ske,MN � , C��)r1t11 C1�1<�M��1 C�n)�� _ � w�t. ��.��•�q., :Mi� \ :\�. �.<\� �y ��r 't n `A ��3 Y� Y`\Y T�. .,�� . . � �x. �...:. ...,... ...�.. • � �J � ;a�.d ' C ��.i m �-- ''"a.l '(t�`i}4� �� ,��; n� � �� ;�'°! :.�5 �- Z �� >.�`�","`i �r�� ' s O ^ � � �MI ,�S r*x ��i ��)) ��l y�� ,��' M�� _ ',.��i e..�'i �� J O _ ��; . ��r.l . � � ,��1 � j.t'� . . aC'�_� ��' . > �`� � ;��' �.�/��P> >�,!'�.� � � .�^' �,� 7�i . ;�}�, �� ;, � r ;:��:; � `��-: �� `; 0� ��';f.. �� O� ;�-i � /i`�'�`�J . >si �1�'� � �4 a�,� i *� ,t'.; ��`'� � �'� ?�.f ,�l"��..: * �.,, �a �"��.i /.��.`w:4 . >�.; ��,,7 ' .!a_, ;,�'�..� �+ r''� � .� � � � >�"'' Y��., � 7.,1 y �.�!�„ /j >K,^',�`� I'1 � � ;��`j ^�„� . , � �L '�r�j r+�/a• ��i.��'_l� . g $ �{y„i x�� .i �y.( i � r.A/e' i��l a�:� � . >C,�� 7,.,^� . r.j ;��_� ;r�, �r� �,r� C,r° ,�,>.j a '�'� �� . � �� . a �� ,�. � � W �� " � �� a L� N � � � �� m r r3� � '�,� , . r Z o � � rn � n � O � z � . C7 . � � �;� O � �, . . � � �� N � � � � . _ 0 � � � � � � / � � � � �r � � � � �'�� ;;. � w T� ubeck .Guesthouse �� $ � �� Guesthouse New Construction .�� 4�',k C� I I'I I��I� 3300 Fax Srceet,Long Iake,MN �a C��)rllll C1�1«N��I C��I�� 1 � � r C m — N � e _ O Z � V/ rn � n --I O z N . . � � . � C m — � r Np e — p z � � . V' rn n �. . O z U-1 � � c m — � � i O z ��i V� rn n -� O z � �� •O � A � !� n � . �i!I � � � � � - — "� � � :� � � � � � � � � � � b "� � � � � � �� s � � �m � � T� ubeck Guesthouse � �� :. �� o . � �> _ ,�' � � �� - �� -�.. ... � � ( � � �� Guesthouse New Construction � P� 3300 Far Sreeel.Lang(nke,MIJ 0 r' � c.n.tru o.tr�n.d c..,.., V r 11 lN N � � D � � m /v m rn _ rn � D � —D1 � � ' }� (n o � 4 � m O O 3 � � 3 �� b ' i ' ' r • r- O O � O � � � Z � � � � � rn ' c � � � � � � -A � � r D m r � � _ � r 0 � � /� .. rn D � ' � �1 O . O 3 i N O � O � � z � � � � . ; � ° � O , O � � 3 '�. _ ... ' � ........��,::_::�s��::_:_��: -y:-: .._.. j - —I � " (� � rn - Z rn � -� rn _.I, �-�.� ' r O � � O � z � . !f � ' �,��.:w::�,.�,.�. ..,:�;_ .— ' ' � i '� _ __ �._ - - � � � � r _ � :� � -� � � o -� � �� o � � ��2 z � � o � . . ��_�u:�.�._�__�� °° -� � � � G] � �' S =� � � � � R � � �� ~ �, s � � +� T� ubeck Guesthouse �� . � � _ �: o . �� _ Guesthouse New Construction � O �� 3300 Fox Sruet,Long(ake,MN � I I I I��I . �� \ti�i�uA�k� �v6E�iL i2-q-tD iH �,�,5_ No��27+1358 HARD�ER CALCULATION WORKSHEET SETBACK ZONE:..(CIRCLE ONE) U 75J 75-250' 250-500' ' 500-1000' EXISTING HARDCOVER IN ZONE . � ' A. House x � = S.F. Length Width � x = ' ' S.F, x ' _ � S.F. . B, Garage x � -. S.F. , C. Driveway � x = S.F. x = � S.F. D. Sidewalk x = S.F, x = S.F. � E.� Patio/Deck x � � _ . S.F. x � = S.F. F. Landscape x � � _ � S.F. Underlain , x = . ' S.F. By Plastic x = S.F. G. Retaining ' x = S.F. Walls � H. Other � � x = S;F. TOTAL HARDCOVER IN ZONE - � ' S.F. A� TOTAL PROPERTY AREP,IN ZONE • . - q653 S.F. B q �+ B' �x 100 = d % . PROPOSED HARDCOVER IN ZONE . � A, House ' x = S.F. � Length Width ' � � x = S.F. x . = S.F. �. B. Garage x = S.F. C. Driveway x ' = S.F. � x = S.F: � . D. Sidewalk x = � � S.F, x = S.F. � E. Patio/Deck x = S.F. x = S.F, � � F. Landscape x = S.F. Underlain x �= S.F. . By Plasfic x = S.F. � � . � � z G. Retaining x ' . = S.F. � o �O Walls ' ;� � � S.F. �9 `— LI" H. Other � X - � W O , �� o } TOTAL HARDCOVER IN ZONE � - � S,F, A F—� TOTAL PROPERTY AREA IN ZONE - � S•�• B • � . E) A = B x 100 = . % ' . � � � . \hl��.�.i,�� ui��:�r� �Z-�—�a iN R.L.S. �v s �27 -�- �- HARDCOVER CALC TION WORKSHEET �3�� SETBACK ZONE:•� (CIRCLE ONE) 0-75' 5-250' 250-500' � 500-1000' EXISTING HARDCOVEF2 IN ZONE . � ' A. House x � _ � S.F. Length Width ' • x = ' ' S.F. x � _ � S.F. . B. Garage x � -. S.F. . C. Driveway � x = S.F. x = S.F. D. Sidewalk x = S.F. x = S.F. � E.� Patio/Deck � x � � _ . S.F. x ' = S,F. F. Landscape x � � _ � S.F. Underlain x - . S.F. By Plastic x = S.F. G. Retaining � x = � S.F. � Walls ' H. Other � x = S:F. TOTAL HARDCOVER IN ZONE - O ' S.F. A� TOTAL PROPERTY AREP, IN ZONE � � - 32 4�4� S.F. B q �+ B� x 100 = % . PROPOSED HARDCOVER IN ZONE . � � A. House � x = S.F. -,: Length Width ' ' � . r� x = S.F. _:4,. . x . - S.F, � B. Garage � x = S.F, - ' ' �; i C. Driveway x � = S.F. ' X = S.F. �. D. Sidewalk x = � � S.F, x = S.F. E. PatiolDeck x = � B.F. �,=�'� x = S.F. `�. � F. Landscape, x = S.F. Underlain x = S.F, � By Plastic � x = S.F�. � o Z . 'L�! o O G. Retaining � x = S.F, � � � Walls � � . � U LL 0 H. Other � x : = S.F. � o � TOTAL HARDCOVER IN ZONE � - • ' �S.F, A (j� TOTAL PROPERTY AREA IN ZONE - �� S��• B • , q = B x 100 = % � ��b�..a�� '��;c�. iz—�—�� ,L,S. f�lo'S �27+135Q � - HARDCOVER CALCULATION WO�K�HEET � SE76ACK ZONE:,, (CIRCLE ONE) 0-75' 75-250' 50-500' ' 500-1000' . EX[STING HARDCOVER IN ZONE . ' A. House x = 37D'q S,F,`�Ovy� . Length Width � x = � ' S.F. X ' _ � S.F. B. Garage x � -, S,F. , C. Driveway � x = . 61� S.F. X = S.F. D. Sidewalk x = 60 S.F, X � - S.F, � E.• Patio/Deck x � = 3907 S.F.-P�u�L�p�nQ . X ' = S.F. F. Landscape x � � = S.F. Underlain x = . S.F. By Plastic x = S.F. ' r G, Retaining � x = ll0 S.F.-�''��i5 �� wa�ts � � C��BS' H. Other �� G ��A� x 9�I--Qi��(�.� = I D� S:F. TOTAL HARDCOVER IN ZONE - � �� ' S.F, A� TOTAL A OPERTY�R�,� IN ZONE � - 63, 3�0 S.F. B �+ g• .��i �� X �00 -� 13.�'� % . PROPOSED HARDCOVER IN ZONE . A. House � x = S.F. Length Width ' � . x = S.F. �� x . = S.F. B, Garage � x = S.F. � C. Driveway x � = S.F. x = S.F. . � D. Sidewalk. x = � � S,F, X = S.F. � � E. Patio/Deck x = S.F. . x = S.F, , • F, Landscape x = S,F. Underlain x = S.F. By Plastic � x = S.F, � z 0 G. Retaining x . = S.F. � �°, � Walls � � '� O � � H. Other . � x ___ _ . S.F.� � W O o � TOTAL HARDCOVER IN ZONE ' - � � S.F. A� TOTAL PROPERTY AREA IN ZONE - S.F. B . ' U q � B x 100 = % , � ' �. � �. �,��m.�, �� ►z-�r-�a �N R.C.S�. Nas �72�� t�s;� �� HARDCOVER CALCULATION WORKSHEET SETBACK ZONE:.. (CIRCLE ONE) 0-'T5' 75•250' 250-500' ' 00-1000' EXISTING HARDCOVER IN ZONE . ' A. House x � = 6q3 S.F. � Length Width . � x = ' � S.F. � � x � _ � S.F. B. Garage 3fl.� x `��.D -. ?3Z S.F. . . C. Driveway � x - l��, $-��$' S,F. . x = S.F. D. Sidewalk x = �t-OS S.F. � � x � = S.F. � E.• Patio/Deck � x � � = S.F. x � = S.F. � F. Landscape x � � _ � S.F. - Underlain x = . � S.F. By Plastic x = S.F. G. Retaining � x = S.F. Walls � � � . H. Other � x = � l'�� S:F.—�1A�,�E� . 7 TOTAL HARDCOVER IN ZONE - 13,-165'' S.F. A• ' �; � TOTAL PROPERTY AREA IN ZONE � - �l3 3'Lt-� S,F. B � A �3��5 �+ g• 43, 3�.� x 100 = (�4.7 S� • % . PROPOSED HARDCOVER IN ZONE . . A. House � � x = �13 � S.F. Length Width ' ' � , x . = S.F. B. Garage � x = I `1� S.F, �-� �-�;�-, C. Driveway x � = S.F. � x � = S.F. � � O � o z D. Sidewalk x = � `$d6 S,F, ; o � x = S.F. N _' d- O E. Patio/Deck x = �'F' (,9 � O , x = S.F. �46 w } � . � ° � F, Landscape x = S.F. E— Underlain x� _ � S.F. � . By Plastic x = S.F. G. Retaining x = S.F. Walis � H. Other � x = I �� S.F.G�}�� TOTAL HARDCOVER IN ZONE , � - � l��Od � S.F. A � TOTAL PROPERTY AREA IN ZONE - �,��/7 � S.�. B . A = B x 100 = ��„�j.�► % ' :��.� " � � �� }, _ �:' i 'yY:: iJ;; }. y i— ,ii � �:i � .�- . ' . t �c'k �r . .;.,;5;�..P`..�..::"�,'�`� � . t ',�, -: .%f . _�„ii.-..;> ro Y'�u� j�.�:.;. - . �- "� �,...�. . " To: Melanie Curitis .:yy��'�,r,,. _ . , 4,: From: Willie Gibbs, SSTS Manager Ln�� '��1'�� . �... �� " Date: 01/10/11 Re: Septic Design for 3300 Fox Street �� '� Message: _ � �; t ;` Melanie, I have reviewed the septic system design for a guest house at 3300 Fox Street. The , :, �{� "� design is for a one bedroom guest house to the north of the main house. It is not normal city ' <: �" ''`� policy to allow two separate septic systems on the same property but due to only one bedroom ri:: �, > ' in size and the remoteness of the guest house from the main septic system, it is allowed and the ,,`r � ; design is approved. I have stamped with approval the two submitted copies of the design. One s copy of the design should be returned to the owner for bidding purposes. �:. '� If you have any further questions please feel free to contact me. F : - .:Y..: ¢,y$:..;,... . a7 �. � � �=.k:-..� � . . ' 7�•° �; 2�. ��. 4 .'�J ' - �.�" � 1 �_y�� L � i„'i ..;�_[.: .,.:, � ;� y L '"i � ql $ . �." '+'�.' . �t z§ �n T ,,. s': ..w.:.:.ms._.. � . Exhibit G Sec. 78-303. Conditionai uses. Within any LR-1A one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (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. Sec. 78-305. Area, height, lot width and yard requirements. (a) Height No structure or building in the LR-1A 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 Street Side Yard feet Rear Yard feet 2 200 50 30 50 50 Sec. 78-916. Granting of permit. (a) The planning commission may recommend and the council may grant a conditional use permit as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: (1) Consistent with the community management plan; (2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; (3) Adequately served by police, fire, roads, and stormwater management; (4) Provided with an adequate water supply and sewage disposal system; (5) Not expected to generate excessive demand for public services at public cost; (6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; (7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; (8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; (9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; (10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; (11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; (12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; (13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and (15) Not detrimental to the public health, public safety, or general welfare. (b) A conditional use permit may be granted subject to such conditions as the council may prescribe. (c) A conditional use permit shall remain in effect as long as the conditions imposed by the city council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. (d) A certified copy of any conditional use permit shall be filed with the county recorder or registrar of titles. The conditional use permit shall include the legal description of the property included. 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 structure 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 Structure Footprint (square 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 1,600 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 order that a principal structure may be constructed. At the end of this time 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)) � _ �� '� RUN DATE: 12/2/2010 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE: 1 38 OS-117-23 41 0027 38 OS-117-23 410028 38 OS-117-23 44 0003 R F KYLE&K A KYLE M R KOSIERADZKI&J M K FOX W L TRUBECK&J W TRUBECK 580 OXFORD RD 565 LEAF ST 3300 FOX ST RICHARD&KATHLEEN KYLE M R KOSIERADZHI&J M K FOX WILLIAM L&NDITH W TRUBEK 580 OXFORD RD 565 LEAF ST 3300 FOX ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 OS-117-23 44 0006 38 OS-117-23 44 0007 38 OS-117-23 44 0008 KYLE FAMILY LTD PIRNSHP JOLLEY FULLERTON WHITE MARNA W FULLERTON 3295 FOX ST 3345 FOX ST 3350 FOX ST KYLE FAMILY LTD PTRNSHP IOLLEY FULLERTON WHI'C6 MARNA W FULLERTON I 140 TONKA RD 217 GOLDEN GATE AVE 730 2ND AVE S SUITE 1300 LONG LAKE MN 55356 BELVEDERE CA 94920 MINNEAPOLIS MN 55402 38 OS-117-23 44 0609 38 OS-117-23 44 0010 38 OS-117-23 44 0011 G S HAUGEN&C M HAUGEN MARNA WAGNER FULLERTON TRSTE M R AFREMOV&L AFREMOV TRS 3320 FOX ST 38 ADDRESS UNASSIGNED 3280 FOX ST GREGORY&CYNTHIA HAUGEN MARNA W FULLERTON MICHAEL&LORIE AFREMOV ' 3320 FOX ST 3350 FOX ST 1664 VIRGIMA AVE S LONG LAKE MN 55356 LONG LAKE MN 55356 ST LOUIS PARK MN 55426 38 OS-I17-23 44 0012 38 OS-117-23 44 0013 MALLORY MULLINS/MARTIN LUECK � MALLORY MULLINS/MARTIN LUECK 3250 FOX ST 3200 FOX ST MALLORY MULLINS/MARTIN LUECK MALLORY MULLINS/MARTIN LUECK 3250 FOX ST 3250 FOX ST ORONO MN 55356 ORONO MN 55356 I CERTIFY THAT THE FACTS REPRES, RE AC • TE AND TR�REPRESENTATION OF INFORMATION / ..' AS 1'f APP�EyARS THIS DqATE ON THE RECO � �3E H IN COUN T.4?CP ER SERVICES DEPARTMENT. DATE: !JFC U 2 G��O B/Y� � . � l 1 Vj ��:��V�D � DEC 14 2010 � cir�r oF oRONo � � �X�thB�-- I -� Hennepin County Mailing Label Map Provided By: Taxpayer Services Department _ . , i� � — _ ` �,Q� �� 12jf� (•'Sl ��i � __---''�� :s ,,� l�� -11�l-�3-41 �� f � , , i�� -.__. ___ __, __ ., ��s� ., [�1 _.__ ___ _ . __, ,� �='� � � r=�: 04-117-23-32 � �ti 05-117-23-42 ��^"`�... � ,:, ;� , , , ., ,. /' \ _ _ _.1._.._ , , . _ . , _ ___...__. ._. 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