HomeMy WebLinkAboutRe: request for zoning letter Date: May 20, 2016
To: Zoning Administrator
Re: Request for Zoning Letter
Property Address: 960 Partenwood Road
Owner: Thomas & Mary Kileen
Legal: Parcel l: Lot 2, Block 1, Partenwood Second Addition, Hennepin
County, Minnesota. Parcel2: An undivided 1/14 interest in and to
Outlots B and C, Partenwood, Hennepin County, Minnesota. Torrens -
Certificate of Title No. 1320797.
PID: 08-117-23-21-0017
Ladies or Gentlemen:
With respect to the above referenced Property and the issuance of an ALTA 3.1 Zoning
Endorsement will you please provide the following information:
1. According to the applicable zoning ordinances and amendments thereto, the land is
classified as LR-1B Zone Single Family Residential.
2. The following use or uses are allowed under that classification subject to
compliance with any conditions, restrictions or requirements contained in the
zoning ordinances and amendments thereto, including but not limited to securing
the necessary consents or authorizations as a prerequisite to the use or uses:
See Attached.
3. Do the structures presently located on the property violate any ordinance and
amendments thereto with respect to the following matters:
a) Area, width or depth of the land as a building site for the structure
Yes X Details: Estimated. One acre zone, 1.04 acres. 140 frontage
required (measured at lake), 145 feet provided.
b) Floor space of the structure Unable to be determined based on the
information on file.
c) Setback of the structure from the property lines of the land
Details unable to be determined based on the information on file. No
survey on file.
d) Height of the structure Unable to be determined based on the
information on file.
e) Number of Parking Spaces Yes The city requires two parking spaces,
there appears to be room for two spaces on the property.
The City does not have a survey on file for the subject property, therefore we
are unable to confirm that the structures meet all setbacks, height limitations.
Notations offered below or estimates based on Aerial photography.
4. Are there any outstanding violations with respect to the property? If so, please
provide details. There are no known code violations on file for the subject
property.
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Dated: 7 /z� � , 2016
5/20/2016 Orono,MN Code of Ordinances
Subdivision III. - LR-1 B One-Family Lakeshore Residential District
Sec. 78-326. - Purpose.
The LR-1 B one-family lakeshore residential district is intended to provide a district which will allow a
combination of inedium-density residential developments and limited agricultural activity. Planned
residential developments may be allowed by conditional use permits. The proposed land use may not
endanger the quality of stormwater runoff into Lake Minnetonka or Long Lake. Because of the location of
the district near Lake Minnetonka or Long Lake, special regulations are necessary to protect these natural
resources from the effects of dense development. This district shall have immediate access to highways
and public sanitary sewer.
(Code 1984, § 10.24(1))
Sec. 78-327. - Permitted uses.
Within the LR-1 B one-family lakeshore residential district, no land or structure shall be used except
for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use.
b. The architectural design of the structure is found to be compatible with the surrounding
area.
c. If the city proposes amendment to the approved design plans or the placement of the
structure, notice of the proposed changes shall be mailed to all properry owners within 350
feet of the parcel on which the structure is to be located. If the proposed structure is to be
located within a public right-of-way, property owners within 350 feet of the structure shall be
mailed notice of the proposed changes. Notice shall be mailed at least 14 days before the
council meeting at which the amended plans will be considered.
(2) Gardens.
(3) Municipal buildings.
(4) Nonrental guest apartments (no exterior ingress or egress). An apartment within the principal
residence structure on a lot for the sole use of the occupants of the principal residence, including
their domestic employees or nonpaying guests. The only means of ingress or egress to the
apartment shall be from within the principal structure.Application for such a guest apartment
shall address the concerns of parking, sewage treatment, entryway and interior access method.
Such apartments shall not have utilities metered separately from the principal residence utilities
and shall not have a separate street address.
(5) One-family detached dwellings.
(6) Publicly owned parks and playgrounds.
(Code 1984, §§ 10.20(2), 10.24(2); Ord. No. 44 3rd series, § 4, 2-25-2008; Ord. No. 82 3rd series, § 11, 12-13-
2010; Ord. No. 90 3rd series, § 5, 12-12-2011)
State Law reference—State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
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Sec. 78-328. - Conditional uses.
Within any LR-1 B one-family lakeshore residential district, no structure or land shall be used for the
following uses except by conditional use permit:
(1) Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that:
a. All principal buildings are located at least 100 feet from any adjacent properry zoned for
residential use; and
b. All accessory buildings and structures more than six feet in height are located at least 50 feet
from any adjacent property zoned for residential use.
(2) Guest houses and nonrental guest apartments.
a. Guest houses, provided that:
1. The lot is at least two times the minimum lot area required by this section; and
2. The guest house is for the sole use of the occupants of the principle dwelling, including
their domestic employees and nonpaying guests.
b. Guest apartments with exterior ingress and egress, provided that:
1. The application for a guest apartment adequately addresses the concerns of parking,
sewage treatment, exterior access method, and interior access method;
2. There is at least one access door to the apartment from inside the principal dwelling and
this door is the primary means of accessing the apartment;
3. The guest apartment does not have a separate address;
4. The guest apartment's utilities are not metered separately from the principal dwelling;
and
5. The guest apartment is for the sole use of the occupants of the principal dwelling,
including their domestic employees and nonpaying guests.
(3) Keeping of farm animals for noncommercial purposes and for the use of the occupants of
premises, provided that:
a. Where the applicant requests a conditional use permit to keep horses, there must be at least
one acre for the dwelling and two acres of open pasture for the first horse. If the applicant
requests a conditional use permit to keep more than one horse, the property must have one
additional acre of open pasture for each additional horse. Calculations of minimum pasture
acreage shall not include any land defined as a wetland or wetland buffer under section 78-
1602.
b. Where the applicant requests a conditional use permit to keep farm animals other than
horses, there must be at least one acre for the dwelling and one acre for each animal unit.
Calculations of minimum acreage required shall not include any land defined as a wetland or
wetland buffer under section 78-1602.
c. Any building or structure associated with the animals is located more than 150 feet from the
nearest adjacent residence and at least 75 feet from the nearest lot line.
d. The use is operated in compliance with Chapter 62.Animals.
(4) Places of worship, provided that all buildings and structures, except columbaria, are located at
least 50 feet from any adjacent property zoned for residential use.
(5) Planned residential development, limited to detached single-family dwellings only and subject to
the limitations of division 10 of this article.
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(6) Public service structures, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for residential use;
and
b. The architectural design of the structure is compatible with the architectural design of the
surrounding area.
(7) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on
provision of municipal sanitary sewer or a conforming sewage treatment system designed to
handle the anticipated flows from the building plumbing. Approval shall be granted only when
the following criteria are met:
a. The council finds that the proposed use of the accessory structure with a bathtub or shower
will not be detrimental to the residential character of the neighborhood.
b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of
the accessory building.
c. The accessory building is conforming in location, size and height.
d. The property owner agrees to the filing of a covenant in the title of the property providing
that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if allowed by this
Code.
2. Used as a dwelling unless a guest house conditional use permit is obtained.
3. Rented, leased or otherwise provided for use as a dwelling under any circumstances.
(8) Schools, daycare centers, uses accessory to a high school.
a. Pre-kindergarten, primary and secondary public schools and private schools with a
curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include
before and after school care for students.
b. Daycare centers, nursery schools and similar programs that are not associated with a public
or private school and serve pre-kindergarten children.
c. Indoor ice arenas accessory to a high school provided the arena, including accessory uses, is:
1. Located on the same tax parcel as the high school to which it is accessory and is owned
by the local school district;
2. Not separated from the high school building by a public road;
3. Operated by the school district or by a nonprofit organization; and
4. All structures are located at least 50 feet from any adjacent properry zoned for
residential use.
(9) Two-family dwelling, provided that:
a. Public sanity sewer service is available;
b. The lot is adjacent to a commercial or industrial parcel;
c. The dwelling is within 200 feet of the commercial or industrial parcel; and
d. The design of the dwelling is compatible with the surrounding residences.
(10) Columbaria, provided that all portions of columbaria located at or below ground shall be
located at least five feet from any adjacent lot line and at least 50 feet from principal structures
located on any adjacent property, whether such property is zoned for residential or non-
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residential use. All portions of columbaria located above ground shall meet the following
standards:
a. Located at least ten feet from property boundaries.
b. Located at least SO feet from principal structures located on any adjacent property, whether
such properly is zoned for residential or non-residential use.
c. Located at least ten feet from the edge of the paved, traveled roadway.
d. Shall not exceed eight feet in height including any appurtenances.
e. Direct views from all adjoining residential parcels shall be buffered by appropriate means.
(Code 1984, §§ 10.20(3), 10.24(3); Ord. No. 145 2nd series, § 1, 3-11-1996; Ord. No. 161 2nd series, §§ 3, 4,
6-7-1997; Ord. No. 178 2nd series, § 1, 12-8-1997; Ord. No. 179 2nd series, § 2, 10-12-1998; Ord. No. 28 3rd
series, § 6, 8-22-2005; Ord. No. 44 3rd series, § 4, 2-25-2008; Ord. No. 45 3rd series, § 4, 2-25-2008; Ord.
No. 79 3rd series, § 5, 11-8-2010; Ord. No. 82 3rd series, § 12, 12-13-2010; Ord. No. 90 3rd series, § 5, 12-
12-2011; Ord. No. 100 3rd series, § 2, 2-25-2013)
Editor's note— Ord. No. 79 3rd series, § 5, adopted Nov. 8, 2010, set out provisions intended for use as
subsection 78-328(17). To facilitate inclusion of Ord. No. 82 3rd series, adopted Dec. 13, 2010, and at the
editor's discretion, these provisions have been included as subsection 78-328(11).
State Law reference— State mandated permitted uses, Minn. Stat. § 462.357, subd. 7.
Sec. 78-329. -Accessory uses.
Within any LR-1 B one-family lakeshore residential district, the only permitted accessory uses and
structures are the following:
(1) Buildings temporarily located for purposes of construction on the premises for a period not to
exceed time necessary for such constructing.
(2) Driveways, sidewalks and parking spaces.
(3) Detached private garages and buildings subject to the performance standards of this chapter.
(4) Private recreational facilities subject to the pertinent accessory structure location and height
requirements of this chapter.
(5) Private docks, subject to this code and other applicable regulations, including boat storage
density requirements.The accessory use of a private dock shall not include renting space.
(6) Kennel structures and dog runs, subject to the provisions of chapter 62, article 3.
(7) Fencing subject to the provisions of section 78-1405(7).
(8) Signs, as regulated in this chapter.
(9) Flagpoles, subject to accessory structure location and height requirements of this chapter.
(10) Gardening and other horticultural uses, including arbors, trellises, aviaries and decorative
landscape features, and lawn sprinkler systems.
(11) Compost structures and firewood piles, subject to the accessory structure location
requirements of this chapter.
(12) Home occupations, as defined in this chapter. All home occupations shall comply with the
provisions of section 78-1376, and the licensing provisions of[section] 26-76. when applicable.
(13)
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One temporary roadside stand offering for sale only farm products produced on the premises,
provided such stand does not exceed 200 square feet in area and is located at least 30 feet back
from the public right-of-way.
(14) Storage of recreational vehicles and equipment such as RVs, boats, snowmobiles, etc., subject to
the provisions of sections 78-1511 through 78-1515 and 78-1577. Ice fishing houses and similar
structures equipped with wheels or mounted on a trailer shall be regulated as recreational
vehicles. Ice fishing houses and similar structures not equipped with wheels or mounted on a
trailer shall be regulated as accessory buildings and subject to accessory building regulations.
(15) Garage sales, yard sales, estate sales or rummage sales, limited to a maximum of four
consecutive days and occurring no more than two times within one calendar year per property;
and sales of personal or recreational vehicles and equipment, limited to no more than two items
per calendar year, and such items for sale shall not be parked in any portion of the public right-
of-way, public boulevard, or required front yard except a designated, improved driveway.
(16) Laundry drying equipment.
(17) Other uses that are customarily incidental to, and subordinate to, the allowed permitted and
conditional uses in this district.
(Code 1984, §§ 10.20(4), 10.24(4); Ord. No. 161 2nd series, § 6, 6-7-1997; Ord. No. 221 2nd series, § 3, 9-23-
2002; Ord. No. 82 3rd series, § 13, 12-13-2010; Ord. No. 93 3rd series, § 2, 6-25-2012; Ord. No. 96 3rd
series, § 3(3.01, 3.02), 11-13-2012; Ord. No. 106 3rd series, § 6, 6-10-2013)
Sec. 78-330. -Area, height, lot width and yard requirements.
(a) Height No structure or building in the LR-1 B district shall exceed 2�i stories and shall not exceed 30
feet in height except as provided in section 78-1366.
(b) Lots. The following minimum requirements shall be observed:
Lot Lot Front Side Yard Rear Side Yard
Area Width Yard Adjacent Yard Adjacent
(acre) (feet) (feet) to Another (feet) to Street
Lot (feet)
(feet)
1 140 35 10 30 35
(Code 1984, § 10.24(5); Ord. No. 18 3rd series, § 3, 9-27-2004)
Secs. 78-331-78-345. - Reserved.
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