HomeMy WebLinkAboutRe: wetland setbacks Melanie Curtis
From: Rob Erstad <rcerstad@gmail.com>
Sent: Tuesday,January 09, 2018 2:08 PM
To: Melanie Curtis
Subject: Re: 2340 Oliver Hill Road
Thank you for your email response, Melanie. I appreciate your time.
It does say that, but the "side and rear yards only" language is clearly meant to exclude front yards,not wetland
setbacks. Instead one must look to the section regarding wetland setbacks (78-1605). This section states only
that the wetland setback is a "Minimum distance setback from delineated edge of wetland to any
, hardcover, septic systems or wells". This is open to interpretation as
to what is being measured from. I am again left to ask whether the roof can then overhang it.
I don't recall specifically whether I discussed this with you, but I had discussed it with one of the women in
your office (I can't recall which one, and it doesn't matter...I'm not looking to get anyone in trouble) at an earlier
date. I very specifically asked this question.
I need specific answers in writing to a few questions before I can proceed with any further home planning or
even making this move. I will stop by this afternoon. Thank you for your time.
(I apologize if my tone is not positive--I try very hard to follow the rules and plan accordingly. This is an
extremely frustrating development. Please know I am not personally upset with anyone.)
Rob Erstad
On Tue, Jan 9, 2018 at 1:39 PM, Melanie Curtis <MCurtis@ci.orono.mn.us>wrote:
Rob
Thank you for sending your proposed plans. You're right, the MCWD wouldn't have any issues with the cantilevered
portions of the home as the 35-foot setback it is a City wetland setback.
I reviewed the plans and the City Code again with others in the Planning department and have come to the same
conclusion: the cantilevered portions of the home have to be removed from the wetland setback.
Section 78-1405 Nonencroachments: in section 78-1405(a)(1) the code states that eaves,gutters, and"other similar
features"are permitted to encroach up to 2 feet into a required yard area; however, according to section 78-1405(a)(4)
1
cantilevered areas are permitted to encroach into side and rear yards only. The wetland setback is not a rear or side
yard.
When you were in the office and looked over the Oliver Hill development plans with me we discussed a number of
things: existing versus proposed/approved grades; building height; and also this wetland setback issue. We discussed
the wetland setback versus MCWD's wetland buffer, the"yard"areas, and the cantilevers. I recall expressing concern
that the cantilevered portions would potentially be located in the wetland setback although we did not have a completed
plan set to review.
I will be in the office this afternoon if you have questions or would like additional information.
Melanie
Melanie Curtis
IN952.249.4627 ®mcurtis@ci.orono.mn.us
From: Rob Erstad [mailto:rcerstadc gmail.comj
Sent:Tuesday,January 09, 2018 9:43 AM
To: Melanie Curtis<MCurtisc ci.orono.mn.us>
Subject:2340 Oliver Hill Road
Hello Melanie,
Just to let you know, MCWD has no problem with the home as it is on the plans.
I very specifically asked at City Hall about this in December and was told that it was ok as long as the
cantilevered area was less than 200 sq ft. I have now invested thousands of dollars into a custom home plan
and I have paid 10K earnest money on this lot based upon this information. I am scheduled to close on this lot
on Monday.
I have tried very hard to do things right--to both plan for and obey all rules and regulations. I have planned a
home that has outdoor areas that do not impinge in any way on the wetland setback area.
2
As always, I view the city as my partner and not my adversary in this process. I understand that mistakes are
made. However, we have put our current home on the market, signed a purchase agreement for this land(and
freed up the cash for it), hired an architect, and filed papers for our son to transfer schools based upon this
information. Yesterday afternoon, all of this came to a screeching halt.
I sincerely hope we can reach some sort of agreement allowing this home to go forward. City code does not
speak specifically to this situation as I read it.
If there is anything I can do to help this process,please let me know. I hope to stop by early this afternoon to
discuss. Thank you.
Rob Erstad
952-446-5599
On Mon, Jan 8, 2018 at 6:18 PM Rob Erstad<rcerstad@gmail.com>wrote:
Hello Melanie,
Here are the plans. Got them earlier than expected. Thanks.
Rob Erstad
952-446-5599
Forwarded message
From: <brandonscheuble@kchomedesign.com>
Date: Mon, Jan 8, 2018 at 6:01 PM
Subject: Erstad Bid Set Plans
To: Rob Erstad<rcerstad@gmail.corn>, Stacy Erstad<stacyerstad@gmail.com>
Hey Rob & Stacy,
I had to stop home quick before heading down to Childrens Hospital so I decided to
send this over to you tonight rather than tomorrow morning.
3
'I Here are the Bid Set Plans for your new home.
Let me know if you have any questions and also what you find out with the city in
regards to the Wetland Setback.
Thank You,
Brandon Scheuble
KC Custom Home Design, Inc.
612.518.2118
® Virus-free. www.avq.corn
4
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.
Building means any structure having a roof which may provide shelter or enclosure of persons,
animals or chattel; and when the structure is divided by party walls without opening, each portion of such
building so separated shall be deemed a separate building.
Building footprint means the outline of the total area covered by a building's perimeter at the ground
level (to the block/foundation).
(1) Carports, covered porches and other similar building features which have no exterior walls
shall be included as part of a building footprint by drawing a straight line between the outer
edges of all support structures(and the main building if applicable).
(2) The outer edge of building protrusions, bay windows or other similar features that extend
outward from a building and are less than four feet from the ground shall be considered as part
of the building footprint.
Building height means the vertical distance between the highest existing ground level or ten feet
above the lowest ground level, whichever is lower, and the top of the cornice of a flat roof, or the deck line
of a mansard roof, or the uppermost point on a round or other arch-type roof, or the median height of the
highest gable of a pitched or hipped roof. Topographic changes which elevate the adjoining ground level
above the existing terrain shall not be considered in determining building height. For a pitched or hipped
roof situation, regardless whether the highest living space in a building is a half-story or full story, if the
highest living space contains windows (excluding skylights) the upper measuring point for defining
building height shall be the median height of the top of the highest window and the highest peak of the
roof.
Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any
area occupied by the waters of a duly recorded lake or river or wetland or area which has been dedicated
as public right-of-way.
Lot, back, means a lot typically separated from a public or private road by another lot and which
gains access to the public or private road via a narrow corridor. Such a separated lot is considered to be
a back lot when the corridor is platted as an outlot. A separated lot is considered to be a flag lot when the
corridor is platted as part of the lot. When the corridor is merely an easement over another lot, the
separated lot is considered to be an easement back lot.
Lot, corner, means a lot situated at the junction of, and abutting on, two or more intersecting streets,
or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not
exceed 135 degrees.
Lot coverage means the total square footage of all building footprints and structures on a parcel.
Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot.
Lot, front, means a lot abutting a public or private road, across which an outlot has been platted for
access to a back lot.
Lot, interior, means a lot other than a corner lot.
Lot line means the property line bounding a lot; except that where any portion of a lot extends into
the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the
lot line.
Lot line, front, means that boundary of a lot which abuts an existing or dedicated public or private
street, and in the case of a corner lot it shall be the shortest dimension on a public or private street. If the
dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed in the
office of the building inspector.
Lot line, rear, means that boundary of a lot which is opposite the front lot line. If the rear lot line is
less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in
length within the lot, parallel to and at the maximum distance from the front lot line. On a lakeshore lot,
the rear lot line is the lot line that is opposite the natural ordinary high water mark at the lakeshore.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Lot, lot of record, means any lot for which a deed or registered land survey has been recorded in the
office of the Register of Deeds or the Registrar of Titles for Hennepin County prior to January 1, 1975,
and after approval by the council if required.
Lot, through, means a lot which has a pair of opposite lot lines abutting two substantially parallel
streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying
this chapter.
Lot width means the horizontal distance between side lot lines measured at the following locations:
(1) For lots which do not abut a lake or tributary, at the rear of the required front yard, measured
parallel to the front lot line.
(2) For lots which abut a lake or tributary, at the shoreline measured in a straight line between the
points at which the side lot lines intersect the OHWL, and at the required structure setback from
the OHWL, measured in a straight line between the points of intersection of the side lot lines
with the structure setback line.
Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure
from its lowest ground level to the sky except as expressly permitted in this chapter. A yard shall extend
alone . • •ne and at right angles to suc lot line to a depth or width specified in the yararegu ations for
the district in which suc o is oca e•. --
Yard, front, means a yard extending across the front of a lot between the side yard lines and lying
between the front street line of the lot and the required front yard setback line, which front yard shall be
provided on both street frontages of corner lots and double-frontage lots. A lakeshore lot shall not be
considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side
of the building and a rear yard on the other side of the building.
Yard, lakeshore, means a yard lying between the natural ordinary high water mark on the lakeshore
and the required lakeshore setback line, for the full width of the lot.
Yard, rear, means a yard lying between the required rear yard setback line and rear line of the lot, for
the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying
between the street line of the lot and the required rear yard setback line.
Yard requirements means those requirements which relate exclusively to the size of yard areas
when such are required within specific zoning districts.
Yard, side, means a yard extending along the side lot line between the front and rear yards, having a
width as specified in the yard regulations for the district in which such lot is located.
Yard, side street, means a side yard abutting a side street.
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
construc -• located • • -d in compliance with other provisions contained within chapter 78.
Driv- ays-may extend to withi five feet of a side lot line.
(4) n side or rear yards only, b- s or cantilevers not to exceed a depth of two feet nor to contain
an aggregate area of m. - han 20 square feet, fire escapes not to exceed a width of three feet
-nd a depth of fo -et, 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, planters and similar structures, subject to the following provisions:
a. Retaining walls, planters and similar structures 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.
4. The structure is two feet in height or less above existing grade.
b. Retaining walls, planters and similar structures exceeding two feet in height above existing
ground level or which are located less than five feet from a side property line, shall require
a permit and upon recommendation of the building official may require city council review
or a conditional use permit per the provisions of section 78-967.
c. Retaining walls, planters and similar structures exceeding the allowed height of a fence
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
REMOVED
(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 penthouses.
Sec. 78-1605. -Wetland buffer areas and setbacks.
(a) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer
areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge
of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that
drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland
environment while reducing the adverse impacts of human activities.
(b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD),
which has rules and regulations for the establishment and maintenance of wetland buffers. In an
effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment
and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of
MCWD buffer regulations is in conflict with city regulations, the Watershed District requirements shall
apply.
(c) In order to provide for a minimum level of wetland protection where Minnehaha Creek Watershed
District buffer rules do not provide for adequate separation between wetlands and buildings or other
structures or surfaces, the city shall require setbacks from the delineated edge of a protected
wetland as follows:
Minimum distance setback from delineated edge of wetland to any
building (principal or accessory) or other structure, hardcover,
septic systems or wells:
Where no formal buffer exists and
where MCWD does not require a 35 feet
buffer
Where a formal buffer exists or 35 feet or established buffer width plus 10 feet, whichever is
where MCWD buffer is required greater
Areas within the required setback area subject to filling, grading or excavation as part of a
construction project shall be revegetated immediately upon completion of such earthwork.
(d) The City of Orono has established wetland protection strategies in the Orono Surface Water
Management Plan (SWMP) (January 2011). A protection classification has been assigned to each
wetland in Orono based on the stormwater susceptibility and functional assessment for each
wetland. The city has also established additional protection requirements for each classification. The
four protection classifications for all properties except those zoned as "residential" are described as
follows:
Additional Protection
Protection Susceptibility Requirements
Description a in
Classification Rating (B= Bounce = Change
water level
due to runoff event)
(P= Phosphorus)
B: Maintain bounce at or
Highly susceptible to both quantity and quality below existing conditions
Highly
"Preserve" impacts from runoff; have the highest degree P: Limit loadings to
Susceptible
of protection predevelopment loading
(0.14 Lbs/Ac/Yr)
B: Maintain bounce at or
Moderately susceptible to quantity and quality below existing conditions
plus 0.5 foot
Moderately impacts; protection is less stringent than
"Manage 1" P: Limit loadings to
Susceptible Preserve, provides protection to maintain their
predevelopment
characteristics
loadings times 2 (0.28
Lbs/Ac/Yr)
B: Maintain bounce at or
Less stringent protection than Manage 1 below existing conditions
Slightly plus 1.0 foot
"Manage 2" wetlands; maintenance of characteristics is
Susceptible P: Limit concentration to
desirable
predevelopment
concentrations(200 ppb)
Wetlands are significantly degraded (e.g.,
B: No quantity
cultivated or canary grass monotype)or lack of
Least requirement
"Manage 3" wetland characteristics; not typically impacted
Susceptible P: Limit concentration to
by runoff; no quantity and only limited quality 225 ppb
treatment of runoff is required
The protection classification for each wetland will be found on the 'Wetland Management
Classification Map & List" which is hereby adopted by reference, a copy of which shall be kept on file in
the office of the city clerk and shall be available for public review during all normal office hours. The
Minnehaha Creek Watershed District required buffer area widths are based on the four protection
classifications.
(Ord.No. 28 3rd series, § 1, 8-22-2005; Ord.No. 103 3rd series, § 2, 5-28-2013; Ord.No. 196
3rd series, § 3, 5-22-2017)
_ _ — S89'20'34"E 90.01 —
i' Concept. Plan
Prepared for:
Rob Erstad
Legend
• Found Iron Monument
5 0 Set Iron Monument (LS 14700)
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ro 000 Grading Plan Contour
x 000.0 Existing Elevation
/ (000.0) Proposed Elevation
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i 2340 Oliver Hill
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\\ Garage Floor = 1003.5
\\ Top of Block = 1003.8
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\\ o Basement Floor = 995.8
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,i o Prop. Hardcover Calcs (sq. ft.):
op House 1,165
io
1 / Garage 901
1 2 Front Porch 87
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Rear Screen Porch 196
Grill Deck & Steps 199
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15/ (less 100 sq. ft.) —100
1 / Bituminous Driveway 989
Tat al Hardcover 3,437
1 i %
1 5�?5 \.\\ i Lot Area 33,086
0519 u'�, Percent Structure Coverage 7.7%
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• . �6 ��, \\ ,d) Percent Total Hardcover 10.4%
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Bearings based on plat of OLIVER HILL.