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Home My WebLink AboutRe: decks/patios/hot tubs Melanie Curtis From: Melanie Curtis Sent: Monday, February 24, 2014 2:02 PM To: 'Gustafson, Sven' Subject: RE: Kallas-3048 North Shore Drive Correct. Between the 75'setback and average setback lines an at-grade deck or patio is acceptable; hot tubs or above grade decks/patios are not. Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us From: Gustafson, Sven [mailto:Sven@stonewood.com] Sent: Monday, February 24, 2014 1:39 PM To: Melanie Curtis Cc: David Eggert; Kevin@kslandarch.com Subject: RE: Kallas - 3048 North Shore Drive Melanie - So. For the official record... Deck on grade is OK. Patio as shown is OK (was on the original variance drawings). Hot Tub not OK without further variance and neighbor approval? Correct? J. Sven Gustafson ' Stonewood, LLC 153 East Lake Street Wayzata, MN 55391 612-462-4000 Office 612-267-2670 Cell 952-697-5591 Fax www.Stonewood.com From: Melanie Curtis<MCurtis@ci.orono.mn.us> Sent: Monday, February 24, 2014 10:14 AM To:Gustafson, Sven Cc: David Eggert Subject: RE: Kallas- 3048 North Shore Drive No, a hot tub is defined as a private recreational facility and must meet all applicable setbacks, including side, lake and average lakeshore setback. I do not believe that I indicated to Kevin Keenan that a hot tub would be acceptable without a variance (&approval from the neighbors). See code cites below. Sec. 78-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. 1 . Melanie Curtis From: Melanie Curtis Sent: Monday, February 24, 2014 2:05 PM To: 'Gustafson, Sven' Subject: RE: Kallas -3048 North Shore Drive Attachments: Kallas Residence 2-24-14.pdf I'm generally ok with the minimal flagstone landing that has been added to get off of the deck, but what's with the fire pit and flagstones w/in 75'setback (shown on attached)? Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us From: Gustafson, Sven [mailto:Sven@stonewood.com] Sent: Monday, February 24, 2014 1:40 PM To: Melanie Curtis Subject: RE: Kallas - 3048 North Shore Drive Attachment for previous e-mail. J. Sven Gustafson Stonewood, LLC 153 East Lake Street Wayzata, MN 55391 612-462-4000 Office 612-267-2670 Cell 952-697-5591 Fax www.Stonewood.com From: Melanie Curtis<MCurtis@ci.orono.mn.us> Sent: Monday, February 24, 2014 10:14 AM To:Gustafson, Sven Cc: David Eggert Subject: RE: Kallas- 3048 North Shore Drive No, a hot tub is defined as a private recreational facility and must meet all applicable setbacks, including side, lake and average lakeshore setback. I do not believe that I indicated to Kevin Keenan that a hot tub would be acceptable without a variance (&approval from the neighbors). See code cites below. Sec. 78-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chaqter 82. Private recreational facilities means detached structures or equipment, whether stationary or mobile, such as swimming pools, tennis courts and sport courts, hockey rinks, hot tubs and spas, recreational fire rings, patios, barbecue pits and outdoor kitchens, playhouses and play structures, swing sets, trampolines, skateboard ramps, basketball hoops, batting i cages, etc. used generally for recreation purposes for the convenience and use of the residents of the property and their guests. http://librarv.municode.com/HTML/13094/level5/TITVILAUS CH78ZORE ARTIVDIRE DIV4LAREDI SDIIIOMILAREDI.ht ml#TINILAUS CH78ZORE ARTIVDIRE DIV4LAREDI SDIIIOMILAREDI S78-329ACUS Sec. 78-329. Accessory uses. Within any LR-1 B one-family lakeshore residential district, the only permitted accessory uses and structures are the following: (#1- 3 and 5- 17 have been removed for brevity) (4) Private recreational facilities subject to the pertinent accessory structure location and height requirements of this chapter. (Code 1984, §§ 10.20(4), 10.24(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3, 9-23- 2002; Ord. No. 82 3rd series, § 13, 12-13-2010; Ord. No. 93 3rd series, §2, 6-25-2012; Ord. No. 96 3rd series, §3(3.01, 3.02), 11-13-2012; Ord. No. 106 3rd series, § 6, 6-10-2013) Sec. 78-1279. Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Structures shall be located as follows: (1) Structure and on-site sewera e s stem setbacks (in feet from ordina hi h waterlevel: Setbacks Sewage Public Water Structure Treatment Classification Unsewered Sewered System NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional structure setbacks. The following additional structure setbacks apply, regardless of the classification of the water bod : Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for detached garages on lakeshore lots as regulated in section 78-1435 and except for structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Structures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. z (4) Uses without wafer-orienfed needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In instances where the average lakeshore setback can not be met, administrative approval may be granted at the discretion of the planning director provided no lake views of an adjacent lakeshore lot are obstructed and adjacent neighbors provide written approval. (Ord. No. 101 2nd series, § 1(10.56(16)(C)), 2-24-1992;Ord. No. 11 3rd series, § 1, 5-24-2004;Ord. No. 106 3rrl series, § 28, 6-10-2013) Melanie Curtis � 952.249.4627 � mcurtis@ci.orono.mn.us From: Gustafson, Sven [mailto:Sven@stonewood.com] Sent: Monday, February 24, 2014 6:51 AM To: Melanie Curtis Cc: David Eggert Subject: Kallas - 3048 North Shore Drive Melanie - See attached. The landscaper is of the opinion that you told him last fall/early winter, that if the deck is on grade, it is acceptable and does not need additional permitting, variance. He believes the same holds for the hot tub - per a conversation with you. Can you confirm this? We'd be building the deck within 12" of grade, and the hot tub would sit on the grass, and be movable. Thanks, Sven J. Sven Gustafson 3 Stonewood, LLC 153 East Lake Street Wayzata, MN 55391 612-462-4000 Office 612-267-2670 Cell 952-697-5591 Fax www.5tonewood.com 4 i � � � - i �� ' r�.. � � ' � �Om 0�m1 • .. �m �� 'oN� 1 . i �� o I m `:'Om �-4 0 3 6 � _ A� i �/��\ � 10 + o� �/ �� o I N�� o�m € Iz Dm� i � m � �� m� �'�'m ��^\ ��30 n�(�_ � � 0�A V �m�P /l'1 � I�_ WOm m�~ �N � 1 0, nt� S A /I :OT�� immT A DE� 1 3 nm 0 � � ON m0 D m 1 ' Z � \ . I m� �am r FDN �ixm � � A A --.. ..�'_'_. 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