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HomeMy WebLinkAboutRe: buildability of property -szLoAr CITY OF ORO N Street Address: Mailing Address: Telephone O(952)249-4600 'S• 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 �� Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us 4KFSHO0 1 April 2014 Jeff Nikkel Windsor Companies 1175 Highway 35 E St. Paul, MN 55109 RE: 190 Orono Orchard Road S Dear Mr. Nikkei: You requested a letter following up our March 21, 2014 meeting regarding the buildability of the property at 190 Orono Orchard Road South. This property is located in the RR-1B, Rural Residential zoning district which requires a minimum of 2.0 dry acres and 200'of frontage. As we discussed during our meeting,since we last discussed the regulations in 2010,Orono City Codes have been amended regarding the use of nonconforming lots of record. According to City Code Section 78- 72(b)(2), an existing nonconforming lot of record can be developed without variances to lot area and lot width if the specified Code standards are met. A copy of this City Code section is attached for your review. Further,the City in 2013 updated the wetland regulations to eliminate the City buffer requirements and the buffer setback and now require only a 35-foot setback from the delineated edge of wetlands. Please note the Minnehaha Creek Watershed District may require a wetland buffer. The subject property,according to a survey on file and Hennepin County records is 1.54 acres in area;the width of the property at the front is±130 feet. It is served by sanitary sewer and appears that a home could be constructed on the property which would meet the RR-1B district setbacks as well as the 35-foot wetland setback. Based on the above analysis, lot width and lot area variances are not required for development of the property at 190 Orono Orchard Road S;all other zoning and building codes shall apply. I have enclosed a revised Zoning Disclosure Form for your records. Please contact me at mcurtis@ci.orono.mn.us or 952.249.4627 if you have any questions on this matter. Sincerely, (f.1141/12e.' Melanie Curtis Planning&Zoning Coordinator c Jeff Nikkei via email William& Nadine McGuire;315 Woodhill Road;Wayzata, MN 55391 enclosures r ti �o�a PRINCIPAL STRUCTURE DEMOLITION PERMIT ZONING DISCLOSURE & DECLARATION At To the property owner: Demolition of the principal dwelling structure on a property may �kESHOa�G automatically terminate certain rights which may have accrued to the property by virtue of the continued existence of that building. This means you may give up some or all of the zoning rights currently associated with the principal structure (setbacks, hardcover, size of building, etc) with its removal. • Rebuilding on a substandard lot of record (i.e. a lot that does not meet the zoning district required lot area or width standards) may, with few exceptions, require variance approval by the City Council, and such approval is neither automatic nor guaranteed but requires that a practical difficulty be demonstrated. • Additionally, all current zoning standards will have to be met by the new principal dwelling including setbacks, and building footprint, hardcover(impervious surface), &height limitations, etc. • Where municipal sewer is not available, provision of two (2) conforming on-site septic treatment sites is mandatory for a new dwelling. • Unless specifically approved by the City, all seasonal and permanent docks must be removed at the time of principal dwelling demolition. They may not be re-installed until a new principal dwelling has reached the framing stage. The following information is presented for the purposes of advising the property owner of the implications of removal of the principal dwelling on the property: 1. Property Address: 190 Orono Orchard Road S PID# 02-117-23-21-0009 2. Zoning District: RR-1B Required Lot Area: 2 acres Required Lot Width: 200' Shoreland? y0 N Actual Lot Area: 1.54 Actual Lot Width: ±130' Lot area variance is is not r:•uired.* Lot width variance is . is no r:quired.* *Pursuant to City Code Section 78-72(b)(2)attached. SideSide Street 3. Required Setbacks: Front 50' Rear 50' (North) 50' (South) 50' Average Lakeshore Setback: must be m - is not applicable. 4. Massing &Lot Coverage by Structures limited to 15%of lot are / does not apply(lot area > 2 acres) 5. Hardcover limitation : Are NOT applicable or-Are applicable. 6. Municipal sewer is available. 7. Wetlands are present and a 35-foot setback is required. If the wetland is within 150 feet of the project a wetland delineation may be required for setback determination. Minnehaha Creek Watershed District approval is required prior to issuance of permits from the City of Orono. **Contact Planning Department Staff for additional information. The undersigned property owner hereby acknowledges receipt of the above information. Staff Initials ei Property Owner's Signature Date (94,0W1 (Original: Street File; Copy: Property Owner) Created: April 2013 160 Principal Dwelling Demolition Permit a ZONING DISCLOSURE & DECLARATION To the property owner: Demolition of the principal dwelling structure on a property may automatically terminate certain rights which may have accrued to the property by virtue of the continued existence of that building. • Rebuilding on a substandard lot of record(i.e.a lot that does not meet the zoning district required lot area or width standards) will, with few exceptions, require variance approval by the City Council, and such approval is neither automatic nor guaranteed but requires that a hardship be demonstrated. • Additionally, all current zoning standards will have to be met by the new principal dwelling including setbacks, lot coverage by structures, hardcover(impervious surface), height limits, etc. • Where municipal sewer is not available, provision of two (2) sites for a conforming on-site sewage treatment system is mandatory. • Unless specifically approved by the City,all accessory structures must be removed at the time of principal dwelling demolition.This also applies to seasonal and permanent docks,which may not be re-installed until a new principal dwelling has reached the framing stage. The following information is presented for the purposes of advising the property owner of the implications of removal of the principal dwelling on the property: 1. Property Address: 190 Orono Orchard Road PIN# 02-117-23-21-0009 Required Lot Area: 2 acres Required Lot Width 200' 2. Zoning District: RR-1B Actual Lot Area 1.63 acres* Actual Lot Width ±130'* *According to Hennepin County Lot area varia is not required. Lot width varians not required. 3. Required Setbacks: Front 50' Rear 50' Lakeshore Lot: Lake(Front) NA Street(Rear) NA Side (North): 50' Street/Side(South): 50' Average Lakeshore Setback: must be met is not_pplicabl) 4. Lot Coverage by Structure limited to 15%of lot area does not apply(lot area > 2 acres) 5. Hardcover limitations: are applicable are not applicable. 0-75'zone= 0% allowed 75-250'zone= 25% allowed 250-500'zone= 30% allowed 500-1000'zone= 35%allowed 6. X Municipal sewer is available. Municipal sewer is not available; on-site system testing and design must be provided confirming that two conforming drainfield sites are available. 7. X Wetland(s) present. Wetland(s) are classified as "Manage 1 and 3". A Manage 1 wetland requires a 35' buffer from the edge of wetland and a 20'structure setback from the buffer. A Manage 3 wetland requires a 16.5' buffer from the edge of the wetland and a 20' structure setback from the buffer is required. **Talk to Planning Department Staff for additional requirements. The undersigned property owner hereby acknowledges receipt of the above information. Staff Initials Property Owner's Signature Date -7-V110 Form ZDD—Revised 5-23-05 (Original: Street File; Copy: Property Owner) wastreet files\orono orchard rd1190\zoning disclosure and declaration form Municode rage 1 Sec. 78-72. Lots of record. (a) A lot of record is 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. (b) A lot of record located within an R(Residential) or RR (Rural Residential) district but not within the Shoreland Overlay district, RS Seasonal Recreational district, or any of the LR- Lakeshore Residential districts, which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and served by public sanitary sewer. A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre, which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if all other requirements of the underlying zoning district are met, including but not limited to required yards, setbacks, lot coverage by structures, hardcover, etc. However, the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R or RR districts of greater than one acre and served by public sanitary sewer. A lot of record in any R or RR district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single- family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met: a. It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and c. It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met: a• The lot area and lot width each meet at least 50 percent of the district standard. b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. C. All other zoning ordinance requirements must be met, including but not limited to the following: 1. Setbacks. 2. Hardcover. 3. Lot coverage by structures. http://library.municode.com/print.aspx?h=&clientlD=l 3 094&HTMRequest=http%3a%2f%... 4/3/2014 Municode Page 2 of 3 4. Accessory structure requirements. (c) A lot of record located in any shoreland district, including the Shoreland Overlay district, RS Seasonal Recreational district, and any of the LR- Lakeshore Residential districts, that does not meet the requirements of this chapter for lot size or lot width shall be subject to the following regulations: (1) A nonconforming single lot of record may be allowed as a building site without variances from lot size and width requirements, provided that: a. All setback requirements can be met; b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and c. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. d All other zoning district standards can be met. (2) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: a. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; b. The lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; and c. Impervious surface coverage must meet all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and d. Development of the lot must be consistent with the comprehensive plan. (3) A lot subject to either subsections 78-72(c)(1) or(2) remains subject to the hardcover restrictions of this chapter, as follows: a. Where the hardcover square footage allotment as calculated based on the assigned tier exceeds 25 percent of the entire lot area, hardcover shall be limited to 25 percent of the entire lot area. b. No portion of the impervious surface square footage allowed shall be placed within in 75 feet of a lake OHWL or tributary bank, except for those items normally allowed in such location as regulated elsewhere in this chapter. (4) A lot subject to subsection 78-72(c)(2) not meeting the requirements of subsection 78- 72(c)(2) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (5) Notwithstanding subsection 78-72(c)(2), contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of Minn. Stat. § 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (6) In all variance requests, zoning and building permit applications or conditional use requests, the property owner shall address, when determined as appropriate by the city engineer or city staff, stormwater runoff management, reduction of impervious http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2P/o... 4/3/2014 Municode Page 3 of 3 surfaces, setback increases, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (7) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Code 1984, § 10.03(6)(A);Ord. No. 9 3rd series,§ 1, 5-24-2004; Ord. No. 92 3rd series, § 1, 3-26-2012; Ord.No. 95 3rd series, § 1, 10-8-2012;Ord. No. 108 3rd series, § 1, 7-8-2013) http://library.municode.com/print.aspx?h=&clientID=13094&HTMRequest=http%3 a%2f%... 4/3/2014 t I Mike Gaffron From: Mike Gaffron Sent: Friday, November 05, 2010 9:19 AM To: 'Thomas Crosby' Cc: 'William McGuire' Subject: RE: 190 Orono Orchard Rd Attachments: Orono Code Sections 78-71 and 78-72.pdf Tom - Staff has reviewed your proposal regarding the building located at 190 Orono Orchard Road, which is vacant and in need of repairs. Your proposal contemplates removal of the superstructure but retention of the foundation of the existing building, in an attempt to secure the rights granted to a legal nonconforming structure, for 15 years instead of 1 year. We have to start with the premise that the existing building is considered to be a lawful nonconforming structure due to its location almost completely within the required front and side street yards of the property. The applicable City ordinances are found in Zoning Code Sections 78-71(a) and 78-71(c). Section 78-71(a) relates to nonconformities generally. It allows the existing structure to remain in place and be repaired when declared unsafe by the building official, but does not allow it to be enlarged, expanded, extended, or altered in any manner which increases its nonconformity. Section 78-71(c) pertains specifically to nonconforming structures. 78-71(c)(1) pertains to involuntary damage or destruction and does not apply to this situation because any removal of the existing building is at the option of the property owner. Section 78-71(c)(2) is directly applicable to the voluntary and intentional removal of all or portions of a lawful nonconforming structure and allows it to be restored only if a permit is applied for within 180 days of commencement of the removal. If no permit is applied for within that time period, all future construction would be required to be in compliance with the Code, unless a variance is obtained. If a permit is applied for within the 180-day period, commencement of construction through final completion must meet the timing requirements specified in the pertinent Building Codes, i.e. permit must be obtained within 180 days of application, exterior construction must be completed within 12 months after permit is issued, interior work must be completed within 24 months of permit issuance. Removal of the superstructure of the building would constitute voluntary and intentional removal. Re- use of the foundation, or removal and replacement in-kind and in the same location of that foundation and replacement of superstructure, would be subject to the provisions of 78-71(c)(2) including the above-noted timeframes. A 15-year `grace period' for re-use of the existing foundation (or complete reconstruction in the existing nonconforming footprint) is in conflict with the City Code. If you were to remove the structure and then after a number of years choose to rebuild on the property, lot area and width variances would be necessary. Because the defined lot area is approximately 1/2 acre when the wetlands are excluded, the property would not qualify for the `administrative variance' allowed in 78-72(b)(2). From a staff perspective the likelihood of being granted the necessary lot area and width variances is extremely high, but variances for setbacks to build outside the legal building 1 envelope established by Code would be difficult in light of the recent Krummenacher Supreme Court case. The Krummenacher ruling makes it difficult for a City to grant variances merely because what the owner wants is `reasonable'. To date the City has not granted variances based simply on the inability to build a home commensurate with the neighborhood - the "small lot, small house" theory still reigns. The legal building envelope for your property is approximately 1800 s.f. in area. I understand that an 1800 s.f. footprint that includes a 2-stall garage leaves a somewhat limited main floor footprint. To gain additional living area you may have to go up, which may be difficult given the topography of the site, as the basement level might very well be considered a story by definition, and there is a 2-1/2 story limit. Sorry to be the bearer of bad news, but staff has discussed this with the City Attorney and we don't believe there is a way to accommodate the 15-year timeframe for reconstruction on the site. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O.Box 66,Crystal Bay,MN 55323 Phone:(952)249-4600 Fax: (952)249-4616 From: Thomas Crosby [ma ilto:tcrosby@tcrosbylaw.com] Sent: Friday, October 29, 2010 11:31 AM To: Mike Gaffron Subject: RE: 190 Orono Orchard Rd Take as long as you want—as long as there is a good answer From: Mike Gaffron [mailto:MGaffron@ci.orono.mn.us] Sent: Friday, October 22, 2010 2:18 PM To: 'Thomas Crosby' Cc: 'William McGuire' Subject: RE: 190 Orono Orchard Rd Tom— I will need a few days to shop this around the office before I can respond. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O.Box 66,Crystal Bay,MN 55323 Phone:(952)249-4600 Fax: (952)249-4616 2 From: Thomas Crosby [mailto:tcrosby@tcrosbylaw.com] Sent: Thursday, October 21, 2010 11:16 AM To: Mike Gaffron Cc: 'William McGuire' Subject: FW: 190 Orono Orchard Rd Mike: Bill and I have discussed alternatives for the property he now owns at 190 Orono Orchard Road. I am aware that he has had discussions with your office as well. Bill is more than willing to demolish the house, perhaps leaving the foundation cement in place, but needs some assurance that he could reconstruct using the existing foundation location. I will forward to you a survey showing the building pad of essentially 41 x 46 recognizing current Orono regulations. That building pad is too small for a residence in this neighborhood if the pad needs to accommodate a garage as I understand is the case. A specific proposal: 1. The McGuires would demolish the house, would fill in the basement but would leave sufficient evidence of the existing foundation so that it could be located in the future. 2. They would agree that, if they constructed a new residence on the property in a 15 year period,they would do so on the site of the current foundation together with the 41 X 46 pad described above. If they did not build in that period,they would relinquish their rights to build on the current foundation site. 3. The City would agree now to the procedure set forth in 2 above. I am aware of City correspondence stating a reluctance to so agree but do not believe the prior discussions had the detail on the building pad or the time period. The McGuires have investigated the costs of making the house habitable but believe that the required expenses would push the total investment in the property well over what would be realized in the market. Among other things, the house is of a former era and not attractive to today's market. Why would the City agree to such a program: -gets rid of an unsightly house, -does not set a dangerous City precedent because the property is not on a waterfront and because the house is, essentially, unfit for habitation, -hardships are created by the lot and wetland configuration, and -the time limit for use of the existing foundation gives the City protection that this condition will not go on forever. From: William McGuire [mailto:wwmcguire@gmail.com] Sent: Thursday, October 21, 2010 10:16 AM To: Thomas Crosby Subject: Fwd: 190 Orono Orchard Rd FYI. This pushes the issue we discussed yesterday. Bill Begin forwarded message: 3 From:Lyle Oman<LOmane0ci.orono.mn.us> Date:October 21,2010 9:55:57 AM CDT To:"'wwmcguire@gmail,com"'<wwmcauire(®amail.com> Subject:190 Orono Orchard Rd Mr. McGuire, Hello, I am the Building Official for the city of Orono and I understand you are the owner of 190 Orono Orchard Road in Orono.The city has received complaints about the condition of the house and yard. I also understand that there has been some movement towards demolition of the house. I would appreciate it if you could let me know of the proposed time line so I can pass it along to the concerned neighbors.Thank you for your time. Lyle Oman Building Official City of Orono TO SCHEDULE AN INSPECTION, CALL: 952.249.4600 952.249.4625 - Direct Dial 952.249.4600 - Main 952.249.4616 - Fax www.ci.orono.mn.us Office Hours: Monday - Friday 8:00 am to 4:30 pm Physical Address: 2750 Kelley Parkway Orono, MN 55356 Mailing Address: PO Box 66 Crystal Bay, MN 55323-0066 4 Municode Page 1 of 3 I Sec. 78-71. - Nonconforming structures and uses. (a) General provisions. (1) Purpose. It is the purpose of this section to regulate nonconforming structures and uses, and to specify those requirements, circumstances and conditions under which nonconforming structures and uses will be operated and maintained. The Zoning Code establishes zoning districts and specific uses which are permitted within each district. It is necessary and consistent with the establishment of these districts that nonconforming structures and uses not be permitted to continue without restriction. (2) Effective date. Any structure or use lawfully existing upon the effective date of this section shall not be, enlarged, expanded, extended, or altered in any manner which increases its nonconformity, but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or, subsequently amended.Any land or buildings which were actually and legally devoted to a nonconforming use on January 1, 1975, and which were thereafter specifically allowed to continue said nonconforming use under the terms of a conditional use permit issued by the city council, shall be allowed to continue under the terms of said conditional use permit. (3) Safety repairs. Nothing in the Zoning Code shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the building official. (b) Nonconforming uses. (1) Change to conforming use. When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. (2) Change to new nonconforming use. An existing nonconforming use may not be changed to another nonconforming use. (3) Relocation of nonconforming use. No nonconforming use shall be moved to another lot or to any other part of the parcel of land upon which the same was conducted at the time of this section adoption unless such movement shall bring the nonconformance into compliance with the requirements of this section. (4) Decrease in nonconforming use. A lawful nonconforming use of a structure or parcel of land may be changed to decrease the nonconformity of use. Once the nonconforming use of such structure or parcel of land has been so changed, said use shall not thereafter be altered to so as to increase the nonconformity from its decreased state. (5) Discontinuation of nonconforming use. Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of the Zoning Code. (6) Normal maintenance. Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including incidental alterations which do not physically extend or intensify the nonconforming use. (7) Alterations to lawful nonconforming units. Alterations may be made to a conforming building containing lawful nonconforming units, provided they will not increase the number of units or the nonconformity. (8) Expansion of nonconforming uses. Nonconforming uses may not be expanded or enlarged. (c) Nonconforming structures. (1) Involuntary damage or destruction. Whenever a lawful nonconforming structure shall have been damaged by fire,flood, explosion, earthquake,war, riot, or act of God, it may be reconstructed and used as before if within 12 months after such calamity the property owner applies for a building permit to replace the structure. If no permit is applied for within the time period then the whole structure shall be demolished, and any construction thereafter shall be in full compliance and accordance with the provisions of the Zoning Code. (2) Remodeling and reconstruction. This subsection is intended to apply to the voluntary and intentional removal of all or portions of a lawful nonconforming structure.Whenever a lawful nonconforming structure shall be destroyed by means other than fire, flood, explosion, earthquake,war, riot, or act of God,to any extent then such structure may be restored only if a building permit is applied for within 180 days of the commencement of the destruction. If no permit is applied for in the 180 days then the structure shall be built in full compliance and accordance with the provisions of the Zoning Code. (3) Expansion of nonconforming structures. No expansion of nonconforming structures shall be permitted except as specifically listed and allowed herein: a. Expansion of nonconforming single family residence structures. Lawful, nonconforming single family residential structures may be expanded, provided: 1. That the expansion does not increase the nonconformity, and complies with all height, setback, hardcover and lot coverage requirements of the district in which it is located. 2. http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%21%2fli... 11/2/2010 1`Municode Page 2 of 3 That if the structure is nonconforming only with respect to substandard lot area or width for the district in which it is located,the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where the lot line setback of a structure is less than 50 percent of the required setback for that zoning district, the city will require at a minimum that applicant shall make up the discrepancy by enlarging the opposite required yard depth to result in an aggregate yard depth equivalent to the combined required yard. b. Expansion of residential accessory structures. Lawful, nonconforming residential accessory buildings may be expanded provided: 1. That the expansion does not increase the nonconformity of the accessory building, and complies with all height, setback, and hardcover and lot coverage requirements of the district in which it is located. 2. That if the accessory structure is nonconforming only with respect to substandard lot area or width for the district in which it is located,the expansion shall meet all height, setback, hardcover and lot coverage requirements of the district in which it is located. 3. That in cases where an accessory structure encroaches upon the lot line setback,the City will require at a minimum that the existing accessory structure shall be modified so that it becomes completely conforming with respect to setbacks. (4) Relocation. No nonconforming structure shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed at the time of this section adoption unless such movement shall bring the nonconformance into compliance with the requirements of the Zoning Code. (5) Prior permit.Any proposed structure which will, under this section, become nonconforming but for which a building permit has been lawfully granted not more than six months prior to the effective date of this section, may be completed in accordance with the approved plans; provided construction is started within six months of the effective date of this section, and continues to completion within two years. Such structure shall thereafter be a legally existing nonconforming structure. (Ord.No.33 3rd series,§1,2-27-2006) Editor's note— Ord. No. 33 3rd series, § 1, adopted Feb. 27, 2006, repealed the former§ 78-71, and enacted a new§ 78-71 as set out herein. The former§78-71 pertained to nonconforming uses and derived from Code 1984, § 10.03(5). I Sec. 78-72. - Lots of record. (a) A lot of record is 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. (b) A lot of record existing upon January 1, 1975, in an R district,which does not meet the requirements of this chapter as to area or width may be utilized for a single-family detached dwelling purpose, provided that in the judgment of the council or administrative approval by the planning director, such use does not adversely affect public health or safety and the following requirements are met: (1) In R districts of one acre or less and with public sanitary sewer.A lot of record existing upon January 1, 1975, in any R district of the city of up to and including one acre,which lot is serviced by public sanitary sewer and which does not meet the requirements of this chapter as to area or width only, may be utilized for single-family detached dwelling purposes without council approval if the area measurements and width of that lot are within 80 percent of the requirements of this chapter. However,the lot of record shall not be more intensely developed unless combined with one or more abutting lots or portions so as to create a lot meeting the requirements of this chapter. (2) In R districts of greater than one acre and served by public sanitary sewer. A lot of record in any R district in the city in excess of one acre which does not meet the requirements of this chapter as to area or width only may be utilized for single-family detached dwelling purposes by administrative approval if the planning director finds that the following conditions are met: a. It is at least one acre in size, and the average width of the lot is at least 100 feet; b. It is served by public sanitary sewer; and c. It otherwise meets the requirements of this chapter or other applicable Code provisions. (3) In R districts not served by public sanitary sewer. A lot of record in any R district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval.Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met: a. The lot area and lot width each meet at least 50 percent of the district standard. http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3 a%2P/o2fli... 11/2/2010 Municode Page 3 of 3 b. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. c. All other zoning ordinance requirements must be met, including but not limited to the following: 1. Setbacks. 2. Hardcover. 3. Lot coverage by structures. 4. Accessory structure requirements. (Code 1984,§10.03(6)(A);Ord.No.9 3rd series,§1,5-24-2004) http://library.municode.com/print.aspx?clientlD=13094&HTMRequest=http%3a%2f o2fli... 11/2/2010 Client Pitopawe_ t& /go o& .. Project 4 Bonestroo Date CAioSOI eltiVDSAi, -- 0 Stw°fog-S772tsrc rco g kr- . icooPptr6 S .1-4-4a Q,t eimetur cour-ik-errE wAVLs /Au fL4 E, ' /YL-1,/AJ T 4sc. -cu c% $o ku- /s 41Oot)/AJ 's ToP PlF— ~LAW" kuA21-5 Ovime6 Pg.5 +RSA.) /N VstsaL40 ,M16 e /S-yam 'G Pte" /,iv G 4{41 tiio A e-r4J A4617Pr '7b g ua-b vN 774e- eparte �s A�' rc ,A 10 774407- "A)oNc0Ai TaRAttiu( A-s 5ela 1114111(5 sw'aQ ,i- 14z. 31-7 sem./ e. oNGEs A /UaNCON Fogivlrry /S I U8/e, SrAy t 5/4441S /T cAdT r3� caou rl Num IP Dts eory 7-tiu 4 e Fad l�o,a-e" 7-ttAw, pNr . /A) //S e..4-5a 7 ,t Lo, RaRw J -V is /21.4-71L' -ro Ser&4 $K7— 71 /UDA (40A.)/ r2iu L1t/ /S A 5 c e- bo/ /r-) 17f S'E r, cA.) _Euu+ 5T24.4u Abi IL, AN Ewsr7M G ,t ori s/ 4° /r ss ET-c. . P- &u z-i & /N 7? N cou,cO,uM, , AteA l3(4-7-G oitie'" Atb T(,K� 77M P +tisr/ikr6 1B D G/ g t: coNS'/Ne> b ,-S Atuext944>sAA,4/J Forrb‘c.pry? 1 -t. 8e2_-T4t4*- ara At-so ,4 Nom ee)rvmar rr 8/ 1/1✓1 ritr: dF-BPjN G AU bNciAb A Ar " OP '4 ArAlq✓Ze0 y a2 !�- (is TI#A'r #2uvaritsP cr . S444•0 Ars Se e ?) 1 Nv(fCNI'-oR.rk/ry D,scmN Nle /, 7146- Fay rax rfotiArgurMiP4-4e- /NAsiA0 ? -- wE NO 4olti6 MAt' A Dwe-abut - ggeT Lo w77u_ipfu A Brut. .?? _S WO ta/A`) -714€7-/A 691.43 ber eeP/T g4gu /,ub N g 511-6- e sitpr • GU r cls 1 fail �fo� . 014.4-rsvt a._ evem Burg- 7th PtPtA /7- 7a 60 tvAIw 1 MINNESOTA STATUTES 2010 117.184 117.184 COMPENSATION FOR REMOVAL OF LEGAL NONCONFORMING USE. (a) Notwithstanding any law to the contrary, an ordinance or regulation of a political subdivision of the state or local zoning authority that requires the removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval for any use, structure, development, or activity constitutes a taking and is prohibited without the payment of just compensation. This section does not apply if the permit, license, or other approval is requested for the construction of a building or structure that cannot be built without physically moving the nonconforming use. (b) This section applies to an action of a political subdivision of the state or a local zoning authority occurring on or after May 20, 2006,that requires removal of a legal nonconforming use as a condition or prerequisite for the issuance of a permit, license, or other approval. History: 2006 c 214 s 10 Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 1 MINNESOTA STATUTES 2010 462.357 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE. Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 216C.06, flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for purchase of development rights by the governing body in the form of conservation easements under chapter 84C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape,and area. The regulations shall be uniform for each class or kind of buildings, structures,or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall consist of text and maps.A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits,until the county or town board adopts a comprehensive zoning regulation which includes the area. Subd. la. Certain zoning ordinances.A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot-size and setback requirements. Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14, subdivision 3, is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Subd. 1c. Amortization prohibited. Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 2 MINNESOTA STATUTES 2010 462.357 Subd. Id. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, as defined in section 561.01, or eliminating a use determined to be a public nuisance,as defined in section 617.81, subdivision 2, paragraph (a), clauses (1) to (9), without payment of compensation. Subd. le. Nonconformities. (a) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1)the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 pJ A percent of its estimated market value, as indicated in the records of the county assessor at the time y� �2 of damage, and no building permit has been applied for within 180 days of when the property r is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or eou building permit in order to mitigate any newly created impact on adjacent property or water body. When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, NA the structure setback may be increased if practicable and reasonable conditions are placed upon a � zoning or building permit to mitigate created impacts on the adjacent property or water body. 5 (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c)Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d) Paragraphs(d)to (j) apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to paragraphs (d)to (j). (e)A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements, provided that: 1k (1) all structure and septic system setback distance requirements can be met; (2)a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and (3)the impervious surface coverage does not exceed 25 percent of the lot. Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 3 MINNESOTA STATUTES 2010 462.357 (f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1)the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; (2)the lot must be connected to a public sewer, if available, or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3) impervious surface coverage must not exceed 25 percent of each lot; and (4)development of the lot must be consistent with an adopted comprehensive plan. (g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. 11 (h)Notwithstanding paragraph (f), contiguous nonconforming lots of record in shoreland 1v areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules, chapter 7080, or connected to a public sewer. (i) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, storm water runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation-designed actions. (j) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Subd. lf. Substandard structures. Notwithstanding subdivision le, Minnesota Rules, parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of substandard MA structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the Lower Saint Croix I v National Scenic Riverway. Subd. 1 g. Feedlot zoning controls. (a) A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b) Prior to final approval of a feedlot zoning control, the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to n 1 the commissioner of agriculture and request review, comment, and recommendations on the 1v environmental and agricultural effects from specific provisions in the ordinance. (c) The agencies' response to the municipality may include: (1)any recommendations for improvements in the ordinance; and Copyright CO 2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 4 MINNESOTA STATUTES 2010 462.357 (2) the legal, social, economic, or scientific justification for each recommendation under clause (1). (d)At the request of the municipality's governing body, the municipality must prepare a report on the economic effects from specific provisions in the ordinance. Economic analysis must state whether the ordinance will affect the local economy and describe the kinds of businesses affected and the projected impact the proposal will have on those businesses. To assist the municipality,the commissioner of agriculture, in cooperation with the Department of Employment and Economic Development, must develop a template for measuring local economic effects and make it available to the municipality. The report must be submitted to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e) A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358, subdivision 6. Subd. lh. Comprehensive plans in greater Minnesota; open spaces. When adopting or updating a comprehensive plan in a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and that is located outside the metropolitan area, as defined by section 473.121, subdivision 2,the municipality shall consider adopting goals and objectives for the preservation of agricultural, forest,wildlife, and open space land and the minimization of development in sensitive shoreland areas. Within three years of updating the comprehensive plan,the municipality shall consider adopting ordinances as part of the municipality's official controls that encourage the implementation of the goals and objectives. Subd. 2. General requirements. (a) At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Subd. 3. Public hearings.No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice,the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 5 MINNESOTA STATUTES 2010 462.357 and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings,provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community,to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time,place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 6 MINNESOTA STATUTES 2010 462.357 to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls,the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes,but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14,when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Subd. 6a. Normal residential surroundings for persons with disabilities.It is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. 8.Permitted multifamily use.Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility.Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. Subd. 9. Development goals and objectives. In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2,the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives: (1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes; Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 7 MINNESOTA STATUTES 2010 462.357 (2)minimizing further development in sensitive shoreland areas; (3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers; (4) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses; (5) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers; (6) identification of areas where other developments are appropriate; and (7) other goals and objectives a municipality may identify. History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14; 2002 c 366 s 6; 2004 c 258 s 2; 2005 c 56 s 1; 1Sp2005 c 1 art 1 s 92; art 2 s 146; 2007 c 140 art 12 s 14; 2008 c 297 art 1 s 60,61; 2009 c 149 s 3 Copyright©2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. 19 July 2010 C-"0 FBF/VE) JULc 1 City Administrator 1 Zo10 / OFO City of Orono RONO P.O. Box 66 Crystal Bay, MN 55323 Dear Sir or Madam: We are the owners of the house and property at 190 Orono Orchard Road (PID # 0211723210009). This is a non-conforming lot of approximately 1.63 acres with a significant portion being non-buildable marshland. The house, built in 1930, includes two levels and is approximately 1452 square feet.The building occupies the only available building site on the property, and is attached to city sewer. The house is in poor condition and deteriorating. Based on input from our construction consultant,the age of the structure and its deteriorating condition,we have concluded that the appropriate current course is to tear down the building at this time and build a new structure at a future date. We believe a new house of approximately the same size, and located in the same location or using the existing structure footprint, should ultimately be built on the lot. We are not, however, prepared to undertake such construction at this time. Nonetheless,the removal of the existing structure, for the reasons cited above, should not wait for a definitive new construction plan. Accordingly,we formally request confirmation from the city that, after removing the current house,we or any future owner of the property will be able to build a new house on the lot by using the current site location.Affirmation of this is necessary because of the non-conforming nature of the lot and the location of the existing structure, coupled with the fact that a future building date is, at this time, unplanned and unknown . Thank you for your attention to this matter. Sincerely, "T- 3•ki\ \Kc G 44.01 William W. and Nadine M. McGuire 315 Woodhill Road Wayzata, MN 55391 wwmcguire@gmail.com CO \\ f ;y, CITYofORONO NSA �' i , !�/ Municipal Offices y.4C) Street Address: Mailing Address: ��`q$EggOg�� 2750 Kelley Parkway P.O. Box 66 �_— Orono, MN 55356 Crystal Bay, MN 55323-0066 26 July 2010 William & Nadine McGuire 315 Woodhill Road Wayzata, MN 55391 RE: 190 Orono Orchard Road Dear Mr. & Mrs. McGuire I am writing in response to your July 19th letter to the Orono City Administrator regarding the buildability of 190 Orono Orchard Road. As you are aware, the property is nonconforming in lot area and lot width. The enclosed Zoning Disclosure Form is the form by which we notify property owners of the current code restrictions imposed on properties at the time of the demolition/removal of the existing principal structure. In reviewing this form you will see that the property does not meet the zoning code requirements for 2.0 dry, buildable acres or 200 feet of width at the front (Orono Orchard Road frontage). For this reason, prior to constructing a new residence, lot area and lot width variances will be necessary. These variances are typically approved by the City Council without much discussion as long as the other zoning code standards are met by the proposed new residence — setbacks, lot coverage, building height, etc. For information on building permits or to review the requirements of a variance application please visit our website at: www.ci.orono.mn.us. Please contact me at mcurtisa,ci.orono.mn.us or 952.249.4627 if you have any questions on this matter. Sincerely, OPredi Melanie Curtis Planning & Zoning Coordinator c: Jessica Loftus, City Administrator encl Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us gO / Principal Dwelling Demolition Permit ZONING DISCLOSURE & DECLARATION To the property owner: Demolition of the principal dwelling structure on a property may automatically terminate certain rights which may have accrued to the property by virtue of the continued existence of that building. • Rebuilding on a substandard lot of record(i.e. a lot that does not meet the zoning district required lot area or width standards)will, with few exceptions, require variance approval by the City Council, and such approval is neither automatic nor guaranteed but requires that a hardship be demonstrated. • Additionally, all current zoning standards will have to be met by the new principal dwelling including setbacks, lot coverage by structures, hardcover(impervious surface), height limits, etc. • Where municipal sewer is not available, provision of two (2) sites for a conforming on-site sewage treatment system is mandatory. • Unless specifically approved by the City,all accessory structures must be removed at the time of principal dwelling demolition.This also applies to seasonal and permanent docks,which may not be re-installed until a new principal dwelling has reached the framing stage. The following information is presented for the purposes of advising the property owner of the implications of removal of the principal dwelling on the property: 1. Property Address: 190 Orono Orchard Road PIN# 02-117-23-21-0009 Required Lot Area: 2 acres Required Lot Width 200' 2. Zoning District: RR-1B Actual Lot Area 1.63 acres* Actual Lot Width ±130'* *According to Hennepin County Lot area varia is not required. Lot width varians not required. 3. Required Setbacks: Front 50' Rear 50' Lakeshore Lot: Lake(Front) NA Street(Rear) NA Side (North): 50' Street/Side(South): 50' Average Lakeshore Setback: must be met f of applicably 4. Lot Coverage by Structure limited to 15%of lot are does not apply (lot area> 2 acres) 5. Hardcover limitations: are applicable are not applicable. 0-75'zone= 0% allowed 75-250'zone=25% allowed 250-500'zone = 30% allowed 500-1000'zone = 35% allowed 6. X Municipal sewer is available. Municipal sewer is not available; on-site system testing and design must be provided confirming that two conforming drainfield sites are available. 7. X Wetland(s) present. Wetland(s) are classified as "Manage 1 and 3". A Manage 1 wetland requires a 35' buffer from the edge of wetland and a 20'structure setback from the buffer. A Manage 3 wetland requires a 16.5' buffer from the edge of the wetland and a 20' structure setback from the buffer is required. **Talk to Planning Department Staff for additional requirements. The undersigned property owner hereby acknowledges receipt of the above information. Staff Initials Property Owner's Signature Date ' 7111:1- 1V11/0 7 1:1- Form ZDD–Revised 5-23-05 (Original: Street File; Copy: Property Owner) / !� w:\street files\orono orchard rd\190\zoning disclosure and declaration form.doc