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Home My WebLink AboutRe: access. bldg . , 1 I I I , 1 I I , I ; • I 1 I r , r , 1 1 , • I r ; I r 1 , l t I i • I 1 ! V 1 I r . , I I ! 4••• •1 r , 1 1 . 1 I ! . I I ,c101 . . ; \V %. itk) , , 1 , 1 ._ _ 6".•,, , i i i.t. 1 i 1 i I . . 4%IliP F . N. 1J ll' 1 kAl . i , Illikilil 11 , i , 1 !N Ci , I , ...... , . , r- i 1 . • I ,,• \ 0 , il ; k . , i , , •1,,, ' , i , , , 1 , 0 , . , 1 1 In , I t 1 •' ! ‘x, let Vi 471 i i DIVISION 3. ACCESSORY BUILDINGS Page 1 of 3 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: TABLE INSET: Maximum Maximum Allowed Individual Total of All Lot Area Accessory Accessory (acres) Structure Structure Footprint Footprint Area Areas* on a (square feet) Property (square 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--9.0 :•• 5 .10 . or more ' 3,000 6,000 * luding -• •• -• - courts, pools, p-•••c s, 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. http://library1.municode.com/mcc/DocView/13094/1/157/211/214 7/17/2007 DIVISION 3. ACCESSORY BUILDINGS Page 2 of 3 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)) http://library1.municode.com/mcc/DocView/13094/1/157/211/214 7/17/2007 S 5 v e-S R.e qov�reyvMA-S 1100 Q . C • g. e. \,4€.4.1v d DAi> -i 2) V ars avvtA. C r Wt}'aA.d FPI/ C fro SJin J 3) Arena. - sed' Ilea-4-eca /0,000 fo /2, OOO C a&Y.e kakiP 2+ A r . 0 S � YooYY1 1, 0 Arena .16ue, lidate CuP 5Lorel .J O r'A i %Amy% /0 • 5-40 geed lo`t- \o-, _ „Pas 4-o ve J SING-( no) 6 cyrs ,•�4.evimcQ ;(( k)\05) \C! ‘OTS W rtJ / a S aH ;,nn al in 1 ac rt ��— r,`cal/4J Gt,�4 / «� �' s J`a-�-c.. 1J no , etc / it/ reit Sha i pcc „ w, lc •`y /$O ? 01 .ci rz-1 /a44. 1 (/ ei4 tuAZc 730.0) (0) BU ; XA1A1 s ( Voorickv‘ceS) OV-u(S1zejl acc . bV ;1I.' -- Yvk 61 C I- oth,r-ot ) 7) # F Ors -e s y v r �p ckPPy- 2Lis bu; 1din act c1' �do �� go ( 0-0LA(otekAe-c0 iatu .dv� P /00Lfur0(5 X t_10 yavetS /0) 4)4 1ad:c 110 1.4_14A1 e o d.c 5 letAi, " YLAD AATVJ• JP 4n i m oJs a-r.e all o tAkt d ; 44-e d `� �' UP" �ov. arv, E X04 00 0 *- n t. CITY of ORONO Y �A_j ti Municipal Offices ` `; �G Street Address: Mailing Address: `kEgg09 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 September 30, 2008 Bob Gumnit and Frances Graham 1100 Old Crystal Bay Road S Wayzata MN 55391 Dear Dr. Gumnit and Ms. Graham: Before a building permit for an accessory building larger than 1,000 square feet or an accessory building with wastewater plumbing can be issued the property owners must sign a document that restates the city code restrictions on such buildings. Because of a recent code change we did not have an up to date version of this document for you to sign at the time the building permit was issued for your horse buildings. The document is enclosed. Please sign it before a notary and return it in the enclosed envelope. If it is more convenient you may come to the City offices between 8 and 4:30 Monday through Friday where it can be notarized at no charge. If you should have any questions feel free to contact me at 952-249-4623 or eturner@ci.orono.mn.us. Sincerely, Z____ _ Eve n Turner City Planner Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us (reserved for recording) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the"Declaration"), is made this day of , ,by the undersigned parties, representing all of the owners in fee of the land hereinafter described, lying in Hennepin County, Minnesota. WHEREAS, Frances H. Graham and Robert J. Gumnit are the fee owners of real property legally described on the attached Exhibit A; and WHEREAS,property owners have received from the City of Orono Permit No.2008- 00099 to construct an 2,048 square foot stall barn ("Oversized Accessory Structure"); and WHEREAS,property owners have received from the City of Orono Permit No. 2008- 00099 to install a toilet, hand sink, laundry tub,wet bar sink and horse wash stall in the tack room/wash stall accessory building. WHEREAS,the undersigned parties desire to impose upon and subject said land to certain covenants, conditions, restrictions and reservations for the benefit of said land and its present and future owners; NOW, THEREFORE,the undersigned parties hereby declare, impose upon, create and establish the following covenants, conditions and restrictions upon the property: 1. PROHIBITION ON USES. A. If the property is subdivided,the Oversized 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 unless 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. 140097 1 B. If the property is subdivided,the setback required for the Oversized Accessory Structure shall remain conforming. C. Neither the Oversized Accessory Structure nor the tack room/wash stall building shall be used as dwelling unit or guest house. D. No bathtub or shower for shall be installed in the Oversized Accessory Structure or in the tack room/wash stall building. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the land, shall be recorded with Hennepin County against the title to the land, and shall be binding upon and inure to the benefit of the City and the Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the land. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. CITY OF ORONO By: James G. White, Mayor By: ,City Administrator Francis H. Graham, Fee Owner Robert J. Gumnit,Fee Owner 140097 2 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,by James G. White and by ,respectively the Mayor and City Administrator of the City of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,by Frances H. Graham and Robert J. Gumnit,husband and wife. Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 SMM 140097 3 t, I Co 0.CrysivA f3P.yg• Pte— p, 2. jV S „,-1`p-1,e-S C-( C.t� IreGLe s tea( (reserved for recording) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), is made this day of , ,by the undersigned parties,representing all of the owners in fee of the land hereinafter described, lying in Hennepin County, Minnesota. WHEREAS, Frances H. Graham and Robert J. Gumnit are the fee owners of real property legally described on the attached Exhibit A; and WHEREAS, property owners have received from the City of Orono Permit No.2008- 00099 to construct an 2,048 square foot stall barn ("Oversized Accessory Structure"); and WHEREAS,property owners have received from the City of Orono Permit No. 2008- 00099 to install a toilet,hand sink, laundry tub, wet bar sink and horse wash stall in the tack room/wash stall accessory building. WHEREAS, the undersigned parties desire to impose upon and subject said land to certain covenants, conditions,restrictions and reservations for the benefit of said land and its present and future owners; NOW,THEREFORE,the undersigned parties hereby declare, impose upon, create and establish the following covenants, conditions and restrictions upon the property: 1. PROHIBITION ON USES. A. If the property is subdivided,the Oversized 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 unless 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. 140097 1 r B. If the property is subdivided, the setback required for the Oversized Accessory Structure shall remain conforming. C. Neither the Oversized Accessory Structure nor the tack room/wash stall building shall be used as dwelling unit or guest house unless a conditional use permit is obtained. D. No bathtub or shower for shall be installed in the Oversized Accessory Structure or in the tack room/wash stall building unless a conditional use permit is obtained. 2. RUN WITH THE LAND. The covenants and restrictions set forth in this Declaration shall run with the land, shall be recorded with Hennepin County against the title to the land, and shall be binding upon and inure to the benefit of the City and the Declarants named herein, their successors, heirs, and assigns, and any other person or entity at any time hereafter who shall become the owner of the land. IN WITNESS WHEREOF, as of the day and year first hereinabove written, the Declarants have executed this Declaration. CITY OF ORONO By: • James G. White,Mayor By: William Wells, City Administrator Francis H. Graham,Fee Owner Robert J. Gumnit, Fee Owner 140097 2 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,by James G. White and William Wells,respectively the Mayor and City Administrator of the City of Orono,a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,by Frances H. Graham and Robert J. Gumnit,husband and wife. Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON,P.A. Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 SMM 140097 3 Frances H. Graham Robert J. Gumnit 1100 Old Crystal Bay Rd. Orono, Minnesota 55391 Mailing Address: P.O. Box 85 Crystal Bay, MN 55323-0085 Telephone: 952-476-4909 Cell: 612-747-0068 Email: fhgraham(amindspring.com Delivered by Hand by RAM General Contracting Inc. June 30, 2008 RECEIVE® Mr. Lyle Oman Building Department JUN d U 20U8 City of Orono Orono City Hall CITY OF ORONO P. O. Box 66 Crystal Bay, MN 55323-0066 Re: 1100 Old Crystal Bay Road, Orono: Revision of Building Size Dear Mr. Oman: This is a revision and follow-up to the proposal we submitted June 20, 2008, for accessory buildings construction. We are reducing the size of one building so we do not have to attach our closest detached garage to our house. Our contractor is submitting amended drawings to reflect the reduced size. We are withdrawing the proposed footings for the connection between the house and the detached garage. We will be moving the small garden shed offsite before certificate of occupancy is issued. If you have any questions please do not hesitate to contact us. Sincerely, \144YL— f es H Grah• - AOP, ' Robert J. Gumnit Homeowners DISCUSSION/VARIANCE Permit Application No.: 03-319 Rule: B/D/C/I Applicant: Robert Gumnit Project: Access road across wetland to island Received: 07/02/03 Location: 1100 Old Crystal Bay Roac]„Orono Complete: 07/16/03 cc..50%0 K^ Notification: 07/16/03 Recommendation: Approval. Permit should not be issued until the following conditions are met: 1. Reimbursement of mailing costs 2. Payment of Rule J fees 3. Submit a declaration for the preservation of wetland buffers which must be executed and recorded 4. Submit a wetland alteration surety for$5,000 5. An annual monitoring report must be submitted to MCWD by September 1 of each year in accordance with the Minnesota Wetland Conservation Act 8420.0620 Background: The applicant has proposed to fill 2000 square feet of wetland to create access to an island on the property at the address sited above in the City of Orono. One type 2/3 type 2/3, inland fresh meadow/inland fresh marsh wetland connected to French Lake Marsh, a DNR public water connected to Lake Minnetonka surrounds as island of the property. The applicant has proposed wetland mitigation in accordance with the Wetland Conservation Act and has proposed wetland buffers around the wetland on their property. Permits would allow for wetland fill, floodplain fill with mitigation,and the creation of wetland buffers on the property. Rule B: Erosion control consisting of a silt fence has been provided around the disturbed area at the site. Rule C: The proposed project fills 443 cubic feet of Lake Minnetonka floodplain. Mitigation for the floodplain fill is proposed in conjunction with the wetland mitigation which creates 1,416 cubic feet of storage in the floodplain. The project is in compliance with Rule C. Rule D: A 35-foot wetland buffer around all wetland areas on the property is proposed. An impact of 1,254 square feet is proposed to proved access on and off the island. Additional buffer of 2,580 square feet is proposed as buffer mitigation. The proposed buffer mitigation will widened the 35-foot buffer in two places to provide additional benefit to the wetland. The impacts to the wetland are minimized by utilizing an area that has been historically somewhat filled and maintained as a crossing in dry years. As per the DNR requirement,the fill is above the ordinary high water elevation of the wetland. Hydrology will be maintained across the road by the use of gravel fill and two four inch equalizer culverts. Rule I: The applicant has requested a variance to allow for a trail crossing through the wetland buffer. The applicant has proposed 2,580 square feet of additional buffer which will appear to provide equal or greater protection of the resource by accepting drainage from the top of the hill. To justify the variance request,the applicant has cited that there has historically been an access trail and historically due to poor soil and erosion the trail doesn't support crossing and access to the property. Attachments: 1. Application 2. Wetland buffer and erosion control plan/survey(3) 3. Site location map 4. Variance request(3) Renae Clark Date Page 1 of 3 Evelyn M. Turner From: Smyth, John R [John.Smyth@bonestroo.com] Sent: Thursday, July 24, 2008 10:02 PM To: Evelyn M. Turner Subject: RE: 1100 Old Crystal Bay Road S. (Again) Evelyn, I reviewed 1100 Old Crystal Bay Road S. and met with the property owners. The area of the proposed structure is on a slope above the driveway. There is a slight swale that diverts drainage toward Crystal Bay Road rather then the wetland. The flows enter a natural depression east of the road and water needs to build up to flow out of a culvert into the wetland west of the road. Due to the drainage diversion the project does not appear to be subject to the ordinance. The residents agreed to stop mowing the buffer required by the watershed and had already installed lath to depict the buffer. I recommend they seed it to native vegetation. Let me know if you have questions. John Smyth Associate Tel 651-604-4708 Cell 651-775-5104 john.smyth@bonestroo.com Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com From: Smyth, John R Sent: Thursday, July 24, 2008 4:54 PM To: Smyth, John R; 'Evelyn M. Turner' Subject: RE: 1100 Old Crystal Bay Road S. (Again) Hi Evelyn, I did have the survey for 1100 Old Crystal Bay Road S. Disregard last e-mail John Smyth Associate Tel 651-604-4708 Cell 651-775-5104 john.smyth@bonestroo.com Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com 9/30/2008 Page 2 of 3 From: Smyth, John R Sent: Thursday, July 24, 2008 4:40 PM To: 'Evelyn M. Turner' Subject: RE: 1100 Old Crystal Bay Road S. (Again) Hi Evelyn, Dr. Gunmit I have contacted Dr. Gunmit and will meet with him this afternoon. When you get a chance please send me the survey. Chirs Diesen I talked to Chris last week and mentioned that his buffer was in fairly good shape and only required removal of the thistle. If the removal of the thistle exposed soil seeding may be required as well. He is to contact me after work is completed for a site review. John John Smyth Associate Tel 651-604-4708 Cell 651-775-5104 john.smyth@bonestroo.com Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com From: Evelyn M. Turner [mailto:ETurner@ci.orono.mn.us] Sent: Wednesday, July 23, 2008 3:14 PM To: Smyth, John R Subject: 1100 Old Crystal Bay Road S. (Again) John: Dr. Gunmit would like to walk the property with you and discuss where the drainage from the buildings would go, where the wetland is, what he did in the past, etc. Please call him at 612-747-0068. I can't remember if I had sent you a copy of the survey. If I didn't let me know. Also, Chris Diesen on Townline Road had questions about seeding his buffer that I couldn't answer so I gave him your phone number and said to tell you I sent him to you. Thanks Evelyn 9/30/2008 Page 3 of 3 • CONFIDENTIALITY NOTICE:The information contained in this e-mail communication and any attached documentation may be privileged, confidential or otherwise protected from disclosure and is intended only for the use of the designate recipient(s).It is not intended for transmission to,or receipt by,any unauthorized person.The use,distribution,transmittal or re-tra mittal by an unintended recipient of this communication is strictly prohibited without our express approval in writing or by e-mail.If you are not the intended recipient of this e-mail, please delete it from your system without copying it and notify the above sender so that our e-mail address may be corrected. Receipt by anyone other than the intended recipient is not a waiver of any attorney-client or work-product privilege. 9/30/2008