HomeMy WebLinkAboutre: info on accessory sructures Christine Mattson
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From: Christine Mattson
Sent: Tuesday, June 17, 2008 11:41 AM
To: Randy Kurth (randy@kurthsurveyinginc.com)
Subject: 1580 Fox Street
Attachments: 1580_fox_street.pdf
Randy,
Attached is information per our conversation this morning.
u
1580_fox_street.p
df(196 KB)
Have a great day!
Christine�
Christiv�.e MattsoH,
Planning Assistant
City of Orono
952.249.4620 - Planning & Zoning
952.249.4600 - Main
952.249.4616 - Fax
www.ci.orono.mn.us
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Office Hours: Monday- Friday 8:00 am to 4:30 pm
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SUMMER HOURS: (Monday, May 19th-Friday,August 29th)
Monday-Thursday 7:30 am to 5:00 pm
Friday 7:30 am to 11:30 am
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Physical Address:
2750 Kelley Parkway
Orono, MN 55356
Mailing Address:
PO Box 66
Crystal Bay, MN 55323-0066
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�.�9 ¢.�G Street Address: Mailing Address:
kESHO 2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
June 17, 2008
Randy Kurth
Kurth Surveying, Inc.
4002 Jefferson Street NE
Columbia Heights, MN 55421
RE: Accessory Structure at 1580 Fox Street
Dear Mr. Kurth:
Thank you for contacting the City of Orono with survey questions at the above property.
The said property, according to Hennepin County's web site, is 2.01 acres and is zoned
RR-1 B. Attached is the City's survey requirements along with information on Accessory
Structures. Since the size of the accessory structure is not known at this time, exact set-
backs cannot be given.
Depending upon the scope of the project additional code sections may apply, so please
contact me with any questions.
Respectfully,
CITY OF ORONO
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Christine Mattson
Planning Assistant
952-249-4620
Attachments
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
DIVISIO N 3.
ACCESSORY BUILDINGS
Sec. 78-1431. Accessory buildings and structures on through lots.
All accessory buildings and structures on through lots located in R districts shall meet the following
requirements:
(1) The building or structure shall meet the principal building setbacks that are established under
sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78-444.
(2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the
building or structure, determined at the discretion of the planning director.
Should the planning director determine that item (2) above cannot be met an accessory structure or
building may be permitted by conditional use permit if the planning commission determines no negative
impacts result in the placement of the building or structure. The planning commission may apply
reasonable conditions as part of the approval.
(Code 1984, § 10.03(10); Ord. No. 15 3rd series, § 1, 6-28-2004)
Sec. 78-1432. Time of construction.
No accessory building or structure shall be constructed on any lot prior to the time of construction of the
principal building to which it is accessory. At the time of demolition of the principal building, all nonconforming
accessory structures must be removed. Accessory structures, which comply with this title, are allowed to remain
contingent on a signed agreement stating the following:
(1) Applicants agree to obtain a building permit for construction of the replacement residence within
60 days of demolition; to begin construction on the new residence within 120 days of demolition;
and to complete all exterior work within one year of building permit issuance and interior work
within two years of building permit issuance.
(2) In the event that any activity described in item (1) has not been accomplished within the defined
timeframe, the applicants shall remove the accessory structures at the applicants' expense, or the
applicants shall apply for an extension of this agreement.
(3) If one of the item (1) events occurs and the applicants fail to perform their removal obligations per
item (2), the applicants hereby agree as follows:
a. The city may enter upon the property and remove the accessory building(s).
b. The city may assess the costs of removal to the property.
(4) The agreement shall be binding upon current and future owners of the property, and shall be filed
within the chain of title of the property.
(5) Fee owner(s) of the property, if not the applicants, consent to the execution of the agreement and
to its terms, as shown by his/her/their signature(s) upon the document.
(6) Applicants shall indemnify and hold harmless the city, the city council, and the agents and
employees of the city from and against all claims, damages, losses or expenses, including
attorney fees, which the city, city council and agents and employees of the city may suffer or for
which it may be held liable, arising out of or resulting from the assertion against them of any
claims, debts or obligations in consequence of the performance of the terms of this agreement.
(Code 1984, § 10.03(9)(A); Ord. No. 13 3rd series, § 1, 5-24-2004)
Sec. 78-1433. Height restrictions.
No accessory building in an R district shall exceed the height of the principal building, nor shall an
accessory building exceed 30 feet in height.
(Code 1984, § 10.03(9)(B))
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))
Sec. 78-1435. Location.
No detached garages or other accessory building shall be located nearer the front or street lot line than
the principal building on that lot except on lots which have frontage on a lake and rear yard adjacent to a street,
accessory buildings located within the street or rear yards of such lots are subject to the setback requirements of
section 78-305(b), section 78-330(b) and section 78-350(b); except that detached garages may be located ten
feet from the street or rear lot line when doors face away from the street and a turnaround is provided on the site.
This section shall not apply to lakeshore lots divided by roadways or corner lots.
(1) Location of principal building to lakeshore. No principal building shall be located closer than 75
feet to the natural ordinary high water mark of a lake abutting the property. This lakeshore
setback shall be determined as the mean horizontal distance between the natural ordinary high
water mark on the lakeshore and the allowable building line.
(2) Variance from lakeshore setback. Any application for a variance from the requirements of
subsection (1) of this section shall be referred to the Minnehaha Creek Watershed District for its
approval before final action by the council.
(Code 1984, § 10.03(9)(D))
Sec. 78-1436. Setbacks.
Accessory structures in excess of 750 square feet footprint area but not exceeding 1,000 square feet
footprint area shall be located at least 15 feet from any lot line.
(Code 1984, § 10.03(9)(E)) .
Sec. 78-1437. Plumbing.
Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the
potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit
residential development density to the allowed densities within the respective zoning districts, plumbing in
accessory buildings shall be regulated as follows:
(1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory
building that is conforming in location, size and height.
(2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a
toilet, shower or bathtub shall be allowed in any accessory building that is conforming in location,
size and height with, subject to provision of municipal sanitary sewer or a conforming sewage
treatment system designed to handle the anticipated flows from such fixtures, and subject to the
property owner's executing a covenant providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(3) Installation of any combination of fixtures requiring wastewater plumbing that includes a toilet,
shower or bathtub shall be allowed only in an accessory building that is conforming in location,
size and height and which meets one of the following criteria:
a. The accessory building has been approved for a guest house conditional use permit; or
b. The accessory building has been approved for a plumbing in accessory building
conditional use permit.
(Ord. No. 179 2nd series, § 1, 10-12-1998)
Sec. 78-1438. Crowding principal building.
No accessory building or structure, unless an integral part of the principal building, shall be erected,
altered or moved within ten feet of the principal building, nor within ten feet of another accessory structure.
(Code 1984, § 10.03(12))
Sec. 78-1439. Garages.
Accessory buildings which are for the storage of automobiles shall have the doors 30 feet or more from
the property line when the doors face on a public alley or street.
(Code 1984, § 10.03(13))
Secs. 78-1440--78-1465. Reserved.