HomeMy WebLinkAbout2017-01318 - retaining wall CITY OF ORONO 111 I 'I d II I I Ill
* 20 1 7 - 0 1 3 1 8 *
2750 KELLEY PARKWAY DATE ISSUED: 10/23/2017
ORONO,MN 55356-
(952) 249-4600 FAX: (952) 249-4616
ADDRESS : 25 ORONO ORCHARD RD N
PIN : 35-118-23-33-0004
LEGAL DESC : UNPLATTED 35 118 23
: LOT 000 BLOCK 000
PERMIT TYPE : ZONING PERMIT
PROPERTY TYPE : RESIDENTIAL
CONSTRUCTION TYPE : RETAINING WALL<4 FEET
APPLICANT RETAINING WALL<4' 100.00
TOTAL 100.00
BENEDICT,MICHAEL&DEBORAH Payment(s)
25 ORONO ORCHARD RD N CHECK 6019 100.00
LONG LAKE,MN 55356-
OWNER
BENEDICT,MICHAEL&DEBORAH
25 ORONO ORCHARD RD N
LONG LAKE,MN 55356-
AGREEMENT AND SWORN STATEMENT
The work for which this permit is issued shall be performed according to
the approved plans and specifications,applicable City approvals,and the
State Building Code. This permit is for only the work described and does
not grant permission for additional or related work which requires separate
permits. All provisions of laws and ordinances governing this type of work
shall be compied with whether or not specified herein.This permit will
expire and become null and void if construction authorized is not
commenced within 180 days of the date of issuance,or if construction is
suspended for a period of 180 days at any time after work has commenced.
The applicant is responsible for assuring all required inspections are
requested in conformance with the State Building Code.This permit may be
revoked at any time for due cause.
. . ./i �1� /0 a33//7
Applicant Permitee ign:ure Date Issued B Si ure Date
\rzj�yfi City of Orono
biki"ji-oki Zoning Permit Application �7
O Mailing Address: Permit number. (7.70/ 7 - 6/3/F�l PO Box 66 Date received: /4 '1
s YO Crystal Bay, MN 55323-0066
Escrow#and
Street Address: amount: -N
2750 Kelley Parkway 1�D
Orono, MN 55356 Permit Fee: L c�.lra�er
1 kES H OV-g" Fax: 952-249-4616 Approved by:
Main: 952-249-4600 Notes:
w*w.ci.orono.mn.us
This application form must be completed in full and all required information must be submitted. (Please print.)
Job Site Address: a�J O Nd Q tilvo W N VL61v C 1 r t N 9935 jp
CONTRACTOR/APPLICANT INFORMATI N:
Name: Stk Ld S Capon01
Phone: 3 't OU 1 Fax:
Address: r. d • kg City:(AAp_aTA ZIP: 4/1"‘-
Contact Person: ✓11 at t1/ 1`" . Ik Contact's phone number , 3 fig;. d
Email j GCt^15 / /-fa/ Applicant is: ctor ' .meo er (Circle One)
PROPERTY OWNER INFORMATIO
Name: An ILt, 4� + CMCt
Phone(day): (SI Sri ol,� � p ,,1
Mailing Address: Or/�14V (gteklo�(/14 f4/ 0 Apt_ ZIP: 55 3 ,
Email and/or Fax (fit i(4 3 y&N O GAM/ I.
Overall Project Description: Pe fthiu [ all 1/2 Gelid /n1
Check
Box TYPE OF PERMIT 1 collected when permit is issued
Dock,Commercial $50+engineering review costs
Escrow for erosion control and engineering review costs $2,000
Dock, Residential — Permanent dock on any lake or initial seasonal dock not on Lake $50+engineering review costs
Minnetonka(permanent dock requires CUP)
Hardcover Permit: Driveway, Patio,Sidewalk,etc. (New or Replacement) No charge
Also requires is a Minor or Major Land Alteration Permit
Land Alteration,Major(grading,filling,or excavating)of more than 500 cubic yards beyond $50
the lakeshore setback OR more than 50 cubic yards within the lakeshore setback (also
requires Conditional Use Permit)
/Reference: City Code Sections 78-967. 78-1247 and 78-12861
Escrow for erosion control and engineering review costs As determined by CUP
Land Alteration, Minor(grading, filling or excavating)of 51 to 500 cubic yards beyond the $50+engineering review costs
lakeshore setback OR 50 cubic yards or less within the lakeshore setback
/Reference: City Code Sections 78-967,78-1247 and 78-12861
Escrow for erosion control and engineering review costs $2,000
Retaining Walls which exceed two feet in height above existing grade; or result in more $50+engineering review costs
than 20 cubic yards of imported fill; or are located less than five feet from the property line.
Escrow for erosion control and engineering review costs $2,500
/Reference: City Code Section 78-1405(5.1)1
Retaining Walls which measure more than four feet(from bottom of footings to top of wall)
require a building permit.Tiered retaining walls are considered one wall unless the walls are
separated by twice the height of the lower wall.
Stairway or Lifts to Lake(New or Replacement) /Reference: City Code Sections 78-12821 $50+engineering review costs
Escrow for erosion control and engineering review costs $2,000
Structure Permit for other structures 200 if ca less not requiring a building permit but $50+engineering review costs
regulated by the zoning code/Reference: CiivCode Section 86-661
Escrow for erosion control and engineering review costs $2,500
Tree Removal or other vegetation removal within 75 feet of lakes o charge.
/Reference: City Code Section 78-12851 f�EC I'VELibre-inspection required.
Temporary Construction Office/Trailer(associated with building permit) OCT 3 $30
2017
CITY OF ORONO
Updated: January 2017
Updated: January 2017
PLAN REVIEW CHECKLIST FOR ZONING PERMIT APPLICATIONS
,,�/� P(��� r 2b C1-6 I3�f
c O
Address: Zj O cxc V(/1 IQ (\i ib [3 1l
Description of work: R2ain1v W GLt witvio 5 ofpoptk( _ATF
Type of permit:
Zoning review by: /n� ,,,� Date Approved: `Le 'G—]
H
Grading review by: &Cm bW art{3/A Date Approved: Lb'LO (7
Other Review, Reviewed by: Date Approved:
Zoning Information: FR-0 File#: Resolution#: Resolution Date:
Lot Area: SF/AC Width: Depth:
Survey Submitted? s ❑ No Date of Survey: Revision date:
Existing Setbacks:
i
Front (Lake) Rear(Street) ( N S E W ) ( N S E W ) Other Buildings Wetland
Side Side
Proposed Setbacks:
Front(Lake) Rear(Street) ( N S E W ) ( N S E W ) Other Buildings Wetland
Side Side
1
Shoreland District MCWD Permit Received Average Lakeshore Setback Met? Bluff
0 Yes 0 No /N/A 0 Yes �IQo
0 Yes0 0 Yes 0 No )2"‹A
Permit Number: Setback:
Stormwater Quality Existing Proposed Variance Required CUP Required
Overlay District Tier Hardcover Hardcover / ��
0 Yes 0 Yes 7 "v
-. Type(s): Type(s):
File# File#
Updated:January 2013
z:\forms\plan review checklist for zoning permit applications 2013.docx
Earth Movement - Cubic Yards
In Out Total
Haul Route? ? 0 Yes 0 No
Explain haul route in detail:
Fees to be Charged Amount Orono Inspections Required
Permit Fee Amount
16o tr-5) 0 Site
Escrow Amount 0 Hardcover Removal
0 Footing
Escrow Agreement received? 0 Poured Wall
0 As-Built Survey
❑ Yes ,No 0 Planting Plan
❑ Wetland Buffer
Escrow Money received? 0 Final
❑ Yes ,"No ❑ Other(specify)
Engineering review needed?
/Yes 0 No
REMARKS (in-house):
Other Review: Reviewed by: Date Approved:
REMARKS (TO BE NOTED ON PERMIT AND INITIALLED BY PERSON PULLING PERMIT)
Updated:January 2013
z:\forms\plan review checklist for zoning permit applications 2013.docx
Christine Mattson
From: Adam Edwards
Sent: Friday, October 20, 2017 8:59 AM
To: Christine Mattson
Subject: RE: 25 Orono Orchard Road N/#2016-00701
No issues from me.
Original Message
From: Christine Mattson
Sent:Wednesday,October 18, 2017 10:57 AM
To:Adam Edwards<aedward @ci.orono.mn.us>
Subject: FW: 25 Orono Orcha d Road N/#2016-00701
Adam,
We received an after-the-fact permit for a retaining wall, less than 2' in height,within 5'of the property line. Please
review.
Thanks!
Chris—
Original Message
From:Adam Edwards
Sent: Friday,October 21,2016 4:28 PM
To:Christine Mattson<CMatt on@ci.orono.mn.us>
Cc: Melanie Curtis<MCurtis ci.orono.mn.us>
Subject: RE: 25 Orono Orchar Road N/#2016-00701
Chris,
I've reviewed the As built and offer the following comments:
1. The as built does not matc the approved plan.
a.The pool was plann d to be 20 ft from the property line per the as built the corner is at 15.7 feet.
b.There is are 2 ston retaining wall depicted on the as built that was not on the plan. One of the walls is-2.75
from the lot line.
c.The concrete pool eck is within the 15 ft setback line.
2.The as built does otherwise,appear to be okay. Should the items list in#1 not be an issue and inspector should
inspect the site to make sure he as built accurately reflects conditions on the ground and that the soil is stabilized to
such a point the erosion cont of measures can be removed.
Adam
1
Original Message
From: Christine Mattson
Sent:Wednesday, October 1$,2016 11:36 AM
To:Adam Edwards<aedward @ci.orono.mn.us>
Subject: FW: 25 Orono Orcha d Road N/#2016-00701
Adam,
Attached is an electronic cop of the as-built survey for the in-ground pool. Please review and provide comments.
Thank you.
Original Message
From: Deb Benedict [mailto:d enedict7464@gmail.com]
Sent:Wednesday,October 1 , 2016 9:47 AM
To:Christine Mattson<CMat on@ci.orono.mn.us>
Subject:Survey
Here is the as-built updated survey
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Christine Mattson
From: Deb Benedict <dbenedict7464@gmail.com>
Sent: Tuesday, September 19, 2017 4:28 PM
To: Christine Mattson
Subject: Re: 25 Orono Orchard Road N /#2016-00701
Hi Christine I stopped in the other day to talk about the retaining wall issue around our pool. The wall height is 22.5
inches attached you will find a photo. Let me know if there is anything else I need to do! (I will drop off a full size set of
plans by end of the week?
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Deb Benedict
On Nov 4, 2016, at 1:54 PM, Christine Mattson <CMattson@ci.orono.mn.us>wrote:
Deb,
Thank you for an update, I appreciate it.
Christine"
1
From: Deb Benedict [mailto:dbenedict7464@gmail.com]
Sent: Friday, November 04, 2016 1:50 PM
To:Christine Mattson <CMattson@ci.orono.mn.us>
Subject: Re: 25 Orono Orchard Road N/#2016-00701
Christine,
Mark and Nick from Atlantis Pools came out today to take some measurements of the pool location. It
matches up with the original pool placement that you have. We have a call into the surveyor to come out
and get some additional measurements too see why the survey you/we have is different then the as-built. I
believe there is one corner of the retaining wall in question. Once I hear back from the surveyor I will get
back in touch with you, probably early next week to see where we go from here. Just wanted to let you know
we are working on getting answers.
Thanks you
From: Christine Mattson<CMattson@ci.orono.mn.us>
Date: Friday, October 28, 2016 at 10:23 AM
To: Mike Benedict<MIKE@frana.com>, "dbenedict7464@gmail.com" <dbenedict7464@gmail.com>
Cc: Mark Richgels<mark@atlantispoolsinc.com>
Subject: 25 Orono Orchard Road N/#2016-00701
Attached is a copy of the letter and enclosures being mailed today. Please don't hesitate to contact us if
you have any questions.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono I MN I 55356 (physical address)
PO Box 66 I Crystal Bay I MN 155323-0066 (mailing address)
Si 952.249.4620 I 8 952.249.4616
nIcmattson@ci.orono.mn.us •www.ci.orono.mn.us
Office Hours: Monday- Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Friday, November 11, 2016
Thursday& Friday, November 24&25, 2016
2
Council
Exhibit A
17-3953
1 ORDINANCE NO._, THIRD SERIES
2
3 CITY OF ORONO
4 HENNEPIN COUNTY,MINNESOTA
5
6 ANO INANCE AMENDING THE CODE OF ORDINANCES
7 PERTAINING TO TAINING WALLS,PLANTERS AND SIMILAR STRUCTURES IN
8 L YARDS THROUGHOUT THE CITY OF ORONO
9
10
11 THE CITY OUNCIL OF ORONO ORDAINS:
12
13 SECTION 1. Sectior_78-1405(a) of the City of Orono Zoning Ordinance is hereby amended
14 to read as follows:
15 (5.1) Retaining walls, planters and similar structures, subject to the following provisions:
16 a. Retainin walls, planters and similar structures may be located in all required
17 yards exce t lake yards, when all of the following conditions are met:
18 1. The structure is located at least ten feet from the edge of the traveled
19 roadway;
20 2. The structure is not located within a drainage, utility, or other easement,
21 excep upon approval in writing for an encroachment agreement by the city; or
22 simil approval from another regulatory and/or utility agency;
23 3. The structure creates no impacts to drainage direction, rate or volume for
24 adjacent properties.
25 4. The structure is 2 (two) feet in height or less above existing grade.
26 b. Retaini g walls,planters and similar structures exceeding two feet in height
27 above exist ng ground level or which are located less than five feet from a side
28 property li e, or are located within the lake yard, shall require a permit and upon
29 recommen ation of the building official may require city council review or a
30 conditional use permit per the provisions of section 78-967.
31 c. Retainin walls, planters and similar structures exceeding the allowed height of a
32 fence shall e located so as to meet the required accessory structure setbacks
33 established for that yard.
34 d. Planters and similar structures in the lake yard are not permitted.
35
36 SECTION 2. EFFEITIVE DATE: This ordinance shall take effect immediately upon its passage
37 and publication.
38 ADOPTED s day of ,2017 on a vote of_ayes and_nays by the
39 City Council of Oron ,Minnesota.
40
41 ATTEST:
42
43
1
Christine Mattson
From: Deb Benedict <dbenedict7464@gmail.com>
Sent: Tuesday, September 27, 2016 8:53 AM
To: Christine Mattson
Subject: Re: 25 Orono Orchard Road N
Hi Christine
Our pool project is complete. What is the procedure for getting the escrow money back?
Thanks
Deb Benedict
From:Christine Mattson<CMpttson@ci.orono.mn.us>
Date:Tuesday,August 9,201$at 7:43 AM
To: Mike Benedict<MIKE@fr na.com>, "dbenedict7464@gmail.com"<dbenedict7464@gmail.com>
Subject:25 Orono Orchard R ad N
Good Morning,
It appears from the survey fo the proposed pool that a screen porch and pergola are also proposed. Please submit a
building permit application fo the construction of those structures. If they are not proposed to be constructed at this
time, I will red-line them on t e survey. Please advise of your plan.
Thank you!
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono I MN 155356(physical address)
PO Box 66 I Crystal Bay I MN 155323-0066(mailing address)
se 952.249.46 0 18 952.249.4616
® cmattson@ci.orono.mn.0 I " www.ci.orono.mn.us
Summer Office Hours: (Mon ay, May 23 through Friday,September 2,2016)
Monday-Thursday: :30 am to 5 pm
Friday: 7:30 am to 1 :30 am
OUR OFFICE WILL BE CLOSED: Monday,September 5, 2016
1 1
Christine Mattson
From: Christine Mattson
Sent: Friday, November 18, 2016 1:59 PM
To: 'Mark Richgels'
Subject: RE:25 Orono Orchard Road N/#2016-00701
Thank you. Have a safe travels home and a nice weekend.
Original Message
From: Mark Richgels [mailto:mark@atlantispoolsinc.com]
Sent: Friday, November 18,2016 1:25 PM
To:Christine Mattson<CMat on@ci.orono.mn.us>
Subject: Re: 25 Orono Orchar Road N/#2016-00701
Hi Christine,
Wanted to send you a quick n to and let you know that we have been working with the surveyor and landscaper to
confirm locations of the wall, ool, and lot line. Should have answers Monday or Tuesday and will give you a call.
Mark
On Fri, October 28,2016 9:23 am,Christine Mattson wrote:
Attached is a copy of the lett r and enclosures being mailed today.
Please don't hesitate to conta t us if you have any questions.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono I MN 155356(physical address) PO Box 66 I Crystal Bay I MN 155323-0066(mailing
address)
* 952.249.4620 6 952.249.4616
* cmattson@ci.orono.mn.us<mailto:cmattson@ci.orono.mn.us> I ;www.ci.orono.mn.us<http://www.ci.orono.mn.us/>
Office Hours: Monday- Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED:, Friday, November 11, 2016
Thursday& Friday, November 24&25, 2016
Mark Richgels
Atlantis Pools
Christine Mattson
From: Deb Benedict <dbenedict7464@gmail.com>
Sent: Friday, November 04, 2016 1:50 PM
To: Christine Mattson
Subject: Re: 25 Orono Orchard Road N/#2016-00701
Christine,
Mark and Nick from Atlantis P Is came out today to take some measurements of the pool location. It matches up with the
original pool placement that y u have. We have a call into the surveyor to come out and get some additional measurements
too see why the survey you/w have is different then the as-built. I believe there is one corner of the retaining wall in
question. Once I hear back fro the surveyor I will get back in touch with you, probably early next week to see where we go
from here. Just wanted to let you know we are working on getting answers.
Thanks you
From:Christine Mattson<CM:ttson • ci.orono.mn.us>
Date: Friday,October 28, 201. at 10:23 AM
To: Mike Benedict<MIKE • fr.na.com>,"dbenedict7464@gmail.com"<dbenedict7464@gmail.com>
Cc: Mark Richgels<mark • atl.:ntis•oolsinc.com>
Subject:25 Orono Orchard Rcad N/#2016-00701
Attached is a copy of the lett r and enclosures being mailed today. Please don't hesitate to contact us if you have any
questions.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono I MN 155356(physical address)
PO Box 66 I Crystal Bay I MN 155323-0066(mailing address)
V 952.249.4620 18 952.249.4616
®cmattson@)ci.orono.mn.us I 'www.ci.orono.mn.us
Office Hours: Monday- Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Friday, November 11,2016
Thursday& Friday, November 24&25,2016
1
Christine Mattson
From: Christine Mattson
Sent: Friday, October 28, 2016 10:23 AM
To: 'mike@frana.com'; 'Deb Benedict'
Cc: 'mark@atlantispoolsinc.com'
Subject: 25 Orono Orchard Road N/#2016-00701
Attachments: letter.pdf;78-1405.pdf;78-967.pdf; CUP Application -Jan 2016.pdf; Land Use
Information Packet-Jan 2016.pdf
Attached is a copy of the letter and enclosures being mailed today. Please don't hesitate to contact us if you have any
questions.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono I MN 155356(physical address)
PO Box 66 I Crystal Bay I MN 155323-0066 (mailing address)
V 952.249.4620 18 952.249.4616
®cmattson c ci.orono.mn.0 I "\ www.ci.orono.mn.us
Office Hours: Monday- Frida 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Friday, November 11,2016
Thursday& Friday, November 24&25,2016
1
. liLo�o
CITY OF ORONO
Street Address: Mailing Address: Telephone(952)249-4600
`S G1 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616
!,q s Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us
''ESHO�
October 28,2016
Michael&Deborah Ben dict
25 Orono Orchard Road
Long Lake, MN 55356
Re: Building Permit tApplication#2016-00701
We received an electronic copy of an as-built survey dated 10-13-16 for your pool project. After review,we have the
following comments:
1. Pool Location. e note the location of the pool changed from the approved plan; however,the pool meets
the 15 foot setb ck requirement.
2. Retaining Wall. There was no proposed retaining wall on the approved plan. The as-built survey shows a
retaining wall w s constructed in a non-conforming location and without prior approval. City Code Section 78-
1405(5.1)(c) stat s a retaining wall constructed less than five feet from the property line shall require a land
alteration permi and may require a conditional use permit. City Code Section 78-967(3)states any changes to
the elevation wi hin five feet of the property line requires a conditional use permit.
You will need a condition I use permit to keep he retaining wall as it is currently constructed. Enclosed is a copy of the
City's Conditional Use P rmit application an Land Use Information packet. Please contact us to schedule a pre-
application meeting at y ur earliest convenie ce. Please note since the wall was constructed without prior approval
an after-the-fact(double ee)will apply.
Please feel free to conta me at 952.249.4620 or by email at cmattson@ci.orono.mn.us if you have any questions on
the above requirements.
Sincerely,
CITY OF ORONO
ristine Mattson 114(14'21&—
Planning Assistant
c via email Mike Beolledict
Deborah)Benedict
Mark at tlantis Pools, Inc.
enclosures
Christine Mattson
From: Adam Edwards
Sent: Friday, October 21, 2016 4:28 PM
To: Christine Mattson
Cc: Melanie Curtis
Subject: RE: 25 Orono Orchard Road N/#2016-00701
Chris,
I've reviewed the As built and ffer the following comments:
1. The as built does not matc the approved plan.
a.The pool was planned to be 20 ft from the property line per the as built the corner is at 15.7 feet.
b.There is are 2 stone retaining wall depicted on the as built that was not on the plan. One of the walls is^2.75
from the lot line. 1
c.The concrete pool deck is within the 15 ft setback line.
2.The as built does otherwiseappear to be okay. Should the items list in#1 not be an issue and inspector should
inspect the site to make sure the as built accurately reflects conditions on the ground and that the soil is stabilized to
such a point the erosion control measures can be removed.
Adam
Original Message
From: Christine Mattson
Sent:Wednesday, October 19 2016 11:36 AM
To:Adam Edwards<aedwards ci.orono.mn.us>
Subject: FW: 25 Orono Orchar Road N/#2016-00701
Adam,
l
Attached is an electronic copy of the as-built survey for the in-ground pool. Please review and provide comments.
I
Thank you.
Original Message
From: Deb Benedict [mailto:dbenedict7464@gmail.com]
Sent:Wednesday, October 19,2016 9:47 AM
To:Christine Mattson<CMattson@ci.orono.mn.us>
Subject: Survey
1
Orono, MN Code of Ordinances Page 1 of 1
Sec. 78-967. - Exception.
(a) The requirements of section 78-966 are not intended to govern the following land alteration
activities:
(1) Normal and customary grading in the area of an existing or a newly constructed building,
or the grading of the driveway serving such building.
(2) Any earth movement less than 500 cubic yards which does not adversely impact the
existing drainage.
(3) Grading, filling or excavating of 50 cubic yards or less within the shore setback zone of all
lakes enumerated in article IX of this chapter.
(b) Such grading and earth movement shall be subject to approval by the building inspector at
the time of issuance of a building permit, provided that a plan showing proper drainage and
protection of adjoining property has been submitted. Where such earth movement is not
being performed in conjunction with a building permit, a separate land alteration permit shall
be required. Any unusual land alterations, including earth filling, removal or grading,
proposed by a builder shall be subject to a conditional use permit as provided for in this
chapter. The following land alterations shall be considered as unusual land alterations:
(1) All excavations for foundations in excess of 12 feet average depth if any amount of the
excess material removed below 12 feet depth is to be stockpiled on the site.
(2) Any additional fill brought on site in excess of 500 cubic yards, except for fill required to
raise grade for adequate frost footing protection, the intent being that structures shall
not be artificially raised above the preexisting surrounding topography.
(3) Grading or alterations that would propose any changes in elevations within five feet of
adjacent residential lot lines except for drainage swales and ditches.
(c) The building inspector shall have the authority to refer any requests for land alteration
permits to the city council for review and approval in instances where the land alteration
appears to potentially create negative impacts or be not in keeping with the goals and policies
of the community management plan.
(Code 1984, § 10.03(21); Ord. No. 163 2nd series, § 2, 12-8-1997; Ord. No. 171 2nd series, § 1, 4-4-
1998; Ord. No. 133 3rd series, § 1, 1-26-2015)
about:blank 10/25/2016
Orono, MN Code of Ordinances Page 1 of 8
ti
Sec. 78-1405. - Nonencroachments.
(a) The following shall not be considered to be encroachments on yard setback requirements:
(1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features,
cornices, eaves, gutters, and similar building elements, provided they do not extend
more than two feet into a required yard.
(2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4
of this chapter; lights for illuminating parking areas, loading areas or yards for safety and
security purposes, provided the direct source of light is not visible from the public right-
of-way or adjacent residential property and is located at least five feet from the front lot
line; public utility poles and overhead lines; mailboxes.
(3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend
above the height of the ground floor level of the principal building and extend to a
distance of not less than two feet from any lot line. Window wells including those for fire
egress which do not extend more than five feet from the building. Sidewalks, driveways
and parking areas when constructed, located and used in compliance with other
provisions contained within chapter 78. Driveways may extend to within five feet of a side
lot line.
(4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to
contain an aggregate area of more than 20 square feet, fire escapes not to exceed a
width of three feet and a depth of four feet, and open off-street parking.
(5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry
drying equipment, and recreational equipment except as otherwise regulated; no
accessory structure shall be closer than five feet from a rear lot line.
(5.1) Retaining walls, subject to the following provisions:
a. Retaining walls may be located in all required yards when all of the following
conditions are met:
1. The structure is located at least ten feet from the edge of the traveled roadway;
2. The structure is not located within a drainage, utility, or other easement, except
upon approval in writing for an encroachment agreement by the city; or similar
approval from another regulatory and/or utility agency;
3. The structure creates no impacts to drainage direction, rate or volume for
adjacent properties.
b.
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Retaining walls which do not exceed two feet in height above existing ground level,
which are located within the property and at least five feet from any property line,
and for which the amount of imported fill associated with the structure does not
exceed 20 cubic yards, do not require a building or land alteration permit.
c. Retaining walls exceeding two feet in height above existing ground level or for which
the amount of imported fill associated with the structure exceeds 20 cubic yards or
which are located less than five feet from a property line, shall require a land
alteration permit and upon recommendation of the building inspector may require
city council review or a conditional use permit per the provisions of section 78-967.
d. Retaining walls exceeding the allowed height of a fence in a given required yard shall
be located so as to meet the required accessory structure setbacks established for
that yard.
(6) In side yards only, no accessory structure shall be closer than ten feet from any side lot
line.
(7) Air conditioning or heating equipment may be located within a required yard but shall be
located within five feet of the building it serves; shall not be located within an existing or
required drainage and/or utility easement; and shall be located at least five feet from any
lot line.
(8) Fences erected in all zoning districts are considered as a nonencroachment when they
conform to the standards listed below. For the purposes of this section, the following
definitions shall apply:
Permanent fence.A fence that is installed in a fixed or enduring manner that is not
intended for a seasonal or temporary purpose.
Temporary fence.A fence that is not permanently secured or anchored to the
ground by posts or affixed footings, and is installed and removed on a limited term or
seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as
hockey boards; fences installed for safety or access management purposes for special
events; and fences installed for the duration of a construction project such as silt fences,
erosion control bioretention logs, and septic drainfield site protection fences.
Fence height. The measurement from the top of any part of the fence, including
posts or other structural supports, lattice, ornate top design elements, and so forth
measured to the existing ground level below the fence, as measured perpendicular to the
slope (see Drawing). Exception: Post finials extending above the top of the fence shall not
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be deemed a part of the fence for height determination purposes as long as they do not
exceed ten in hes in width per finial and do not extend above the top of the fence by
more than to percent of the allowed maximum fence height at that location.
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Drawing: Fence Heig t Measurement
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a. Nonlake ore lots.
1. Fenc s and walls within a required front yard or side street yard shall not exceed
a hei ht of 42 inches above existing ground level .
2. Fenc s and walls within a required rear or side yard shall not exceed a height of
six fele above existing ground level.
b. Lakeshore lots.
1. Fences within the required street(rear)yard or side street yard of a lakeshore lot
shall not exceed 42 inches above existing ground level. Exception:A fence not
exceeding six feet in height may be located along the street lot line of a lake
front ge lot which abuts a major thoroughfare. A major thoroughfare for
purp ses of this section means any county road or state highway. If such fence
invol es fill or berming, the total combined height of both fence and fill shall not
exce d six feet above the height of the crown of the major thoroughfare.
2. Fenc s within the required side yard of a lakeshore lot shall not exceed six feet
in he ght, and shall not exceed 42 inches in height for any portion located
lake and of a line drawn between the most lakeward projection of the fence
own is principal residence structure and the most lakeward projection of the
princ pal residence structure on the adjacent property abutting the side yard in
whic the fence is located.
3. Fenc:s shall not be constructed within the defined lakeshore yard of a lakeshore
lot, i.•., shall not be located within 75 feet of the shoreline for general
devel•pment lakes, 100 feet for recreational lakes, or '150 feet for natural
envir•nment lakes.
4. Whe the building site of a lakeshore lot is separated from the lakeshore by a
publi or private road, the following definitions will apply for fence location
purp•ses subject to the provisions of section 78-1405(a)(8)a.2:When the yard on
the o•posite side of the building site from the lake does not abut a street, such
yard .hall be considered as a standard rear yard. The yard between the building
site and the street shall be considered as a standard front yard.
c. Special provisions. Split rail fences of no more than three rails within a required
front, street or side street yard may have a maximum top rail height of 48 inches
above existing ground level. Board rail fences within a front, street or side street yard
for the specific purpose of enclosing permitted domestic animals may have a top rail
height of 60 inches and shall be no more than 50 percent opaque.
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d. Intersect on sight/ine obstruction prohibited. No fence shall be installed so as to
obstruct required clear view at street intersections as required by section 78-1371.
e. Fence co struction and maintenance.
1. The wner of a fence shall maintain it in a condition of reasonable repair and
appearance and shall not allow it to become or remain in disrepair or in a
dangerous condition.
2. Fences shall be installed with the finished side facing neighboring properties or
the street. The term "finished side" means that side having no structural
suppprts.
3. Fencing materials shall consist of permanent all weather products.
4. Tern orary fencing shall not be allowed to remain on the property following final
insp=ction, or issuance of a certificate of occupancy for a permitted construction
proj-ct, or protection of property during a similar project or winter conditions.
Wint-r conditions shall be defined as October 15 through March 31 of the
folio ing year. Temporary fencing associated with a special event shall be
rem•ved within seven days of the end of such event.Temporary fencing
mate ials shall not be allowed to remain on a permanent basis on a parcel.
5. Existing fences that are legal nonconforming as to location, height, design or
othe characteristics may be replaced in kind.
(9) Entrance mo uments, defined for the purpose of this section as a nearly permanent
physical structure or object, natural or artificial, used to depict an entrance to the
property, ere'ted in all residential zoning districts are considered nonencroachments
when they co form with the following standards:
a. Each mo ument, with a maximum of two per approved driveway access, shall be
limited t. a single pillar with a footprint measuring no larger than 25 square feet and
no length to exceed five feet;
b. The mon ment must be setback a minimum of five feet from all property boundaries
and neve fewer than ten feet from the edge of the paved, traveled roadway;
c. Plans an./or elevation views of the proposed monuments are required to be
submitted for approval by the planning director;
d. All signage proposed for the monuments must comply with section 78-1467;
e.
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The mon ments are limited to eight feet in height including any appurtenances.Any
monume t exceeding the maximum height must meet principal structure setback
requirem nts;
f. When m re than one monument is proposed, and serving two or fewer residences, a
minimu horizontal width of 16 feet is required between them;
g. When more than one monument is proposed, and serving three or more residences,
a minimum horizontal width of 22 feet is required between them;
h. Lighting i$ allowed, in conformance with section 78-1573 and at the discretion of the
planning irector.
i. When a g to is proposed, the following requirements must be met:
1. The ate must open into the property not outward towards the right-of-way, and
2. Gate serving two or fewer residences shall have a minimum horizontal width of
14 fe tin the full open position, and
3. Gate serving three or more residences shall have a minimum horizontal width
of 20 feet in the full open position, and
4. For a I properties, gate height may not exceed the height of the monument,
mea ured from grade, unless principal structure setbacks are met(if
monuments are not proposed then gate height shall be regulated in accordance
with the fence height regulations of section 78-1405(8), and
5. Gate$ must maintain an opacity level of no greater than 25 percent, and
6. For I cked and/or secured gates a knox box, meeting the standards set forth by
the p lice and fire department, must be provided for emergency access, and
7. On ajor thoroughfares the monuments and gates must be located 40 feet from
the p ved, traveled road to allow for vehicle stacking.A major thoroughfare for
the p rposes of this section means any county road or state highway.
j. A buildin permit is required for installation.A survey must be submitted depicting
where th monuments will be placed, and the property corner pins must be located
for inspe tion purposes.
(b) The following shall not be considered to be encroachments on structure height
requirements:
(1) Parapet walls that extend no more than three feet above the height of the building.
(2) HVAC cooling towers.
(3) Elevator pent louses.
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•
(Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 1-5, 11-26-2001; Ord. No. 12 3rd series, § 1,
5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008; Ord. No.
106 3rd series, § 22, 6)0-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140 3rd series, §
1, 3-23-2015; Ord. No. h170 3rd series, §§ 3, 4, 6-13-2016)
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