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HomeMy WebLinkAbout03-18-2019 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE 3') 0 ' il O COUNCIL PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. � 9f'v.. „'' z�,r: '^ ;` 5��+`1F C .'i"i3t +'t;zt,k'd ,is�xst.T ';.h E'F E#��' s :-2,; 4t4,a'eiL a. tit �d ,�'"i'#..,...t r,64,1E �f 4t t•,,� , 1 4 y t, r n(, $ , Please complete t600)f wt n .O'6rraaafjZi for, Dif{.����records t a,a R{ 'X,O r° k ° k-- F X � 'Ja..y. ��...s�,s�� . .. +.- - /i� -.. , S.cG)}`.e?j`�� '.S,�.t'F' �.�^�C`.rt T��of}.a,wf Cj .t Lf y F PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. MeV k O a b re. 0'-7 3k 6S- VV. W,drt 0(: L, 19 - Q (SO Si 9 2. 3.-q1P-Ni; Ccr. . (lam 1...e., I 0 9C-- Si,. /13.-f L,LA2.41S 3.,,i ,-../> c %z_- 3-8 )'' '` ' rTrawr '33q1 Y10- -F 0 /AI q^ OOOV 11 5. c e ai /aka/Li Z-7;Z, W4 \ 5�� %/ 6079/2-b 6. CU(ah 6,140 277_ GL/,,ef it C sf Litil- coo D i o 7. 410.44-1447,0•16tO.Ve__ a 59q- 14411, Acentie_, 8. 64,.cc7--'e,i 19/0 (76/1/1„. )71 9. J tei9^`--- < rr``'" c L /, a =----_ o Ball Z.3,61,u ( 0 ko?c dy IZ,/ 1 . 12. 13. 14. 15. V:1(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC SLO1 VO Agenda Planning Commission Meeting Monday,March 18,2019, 6:30 P.M. I� �~ Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 t'OEsH0�� 952-249-4600 /www.ci.orono.mn.us Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet— located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda,they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Victoria Seals Pledge of Allegiance Approval of Agenda Approval of Minutes New Business 1. Approval of Planning Commission Meeting Minutes of February 19, 2019. 2. LA19-000007 Tom Rauscher, 2799 Pheasant Rd, Variances (Staff: Melanie Curtis) 3. LA19-000009 Real Assets/Jamison Kohout, 1645 Shadywood Road, Preliminary Plat (Staff: Jeremy Barnhart) 4. LA19-000010 Rehkamp Larson Architects, 2587 Kelly Avenue, Variances and CUP (Staff: Melanie Curtis) 5. LA19-000011 Julie Lensing, 3349 Crystal Bay Road,Variances (Staff: Melanie Curtis) 6. Update on March 11, 2019 City Council meeting. 7. Other issues for discussion: • Planning Liaison for April 8, 2019 City Council Meeting: TBD Adjournment Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Kevin Landgraver,Dennis Libby, Chad Olson, and Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, and Recorder Jackie Young. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. APPROVAL OF MINUTES 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 22, 2019 Libby moved, Landgraver seconded,to approve the minutes of the Orono Planning Commission meeting of January 22,2019,as submitted. VOTE: Ayes 5,Nays 0. NEW BUSINESS 2. LA19-000003 FINE LINE LAKESHORE SERVICE, 1795 FOX STREET, CONDITIONAL USE PERMIT,6:31 P.M.—6:40 P.M. Thomas Hamilton, Property Owner, and Jessie Johnson, Fine Line Lakeshore Service, were present. Curtis stated the applicant is proposing to install a permanent dock through the wetland on the south end of this property to reach the open water of the Long Lake Creek channel. Because of the permanent nature of the dock structure within the floodway, a conditional use permit is required. The dock does not fall under LMCD jurisdiction. A DNR aquatic vegetation management permit has been issued for the cattail removal. The proposed dock will extend approximately 195 feet from the shore. Orono's current jurisdiction over permanent docks is primarily via the City's floodplain regulations, which provide no significant standards pertinent to the approval of permanent docks. Both permanent and seasonal docks fall under the zoning category of accessory structures. With the exception of the RS District, which is Deering Island or Big Island, one cannot have a permanent or seasonal dock without a principal residence structure. The property is zoned RR-1B, and a zoning permit will be required to document the existence and construction of the permanent dock and conditional use permit. The portion within the wetland is limited to eight feet maximum width. The proposed dock is 3.5 feet wide with a 7' x 20' platform on the end at the open water. Public comments were received and are included in the Commissioners' packets. Staff recommends approval of the conditional use permit for construction of the proposed permanent dock subject to the following conditions: 1. The dock may be allowed as long as it conforms to the permit issued by the DNR and is in conformity with the rules and regulations of applicable agencies; and Page 1 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. 2. The dock is not to be used for commercial purposes or rented. The Planning Commission had no questions for Staff. Tom Hamilton, property owner, stated they would like to install a dock out to the creek. A call has been received from one neighbor that has a concern with jet skis. Hamilton indicated he is just planning on having a fishing boat and also fishing off the dock with his two children. The Dakota Bridge is in the area. Measuring from the bottom of the bridge to the water is 48 inches, so it would not be possible to fit a jet ski under the bridge. There are also no plans to buy a jet ski. Libby asked what type of pilings would be used. Jessie Johnson,Fine Line,indicated it is a metal frame dock and can be easily removed. Because the dock would stay in year in/year out, it is termed a permanent dock. Libby commented he has not ever really seen any boat traffic in this area. Libby asked what type of fishing boat the owner has. Hamilton indicated he is looking at a 14-foot boat with a small 20 horsepower motor. On the other side off of Brown Road there is a dock and he has seen people canoe or kayak down it and only one motorized boat on that side. Libby stated he was not aware that they can have motorized boats in that area. Hamilton stated the DNR does allow motorized traffic and that they need to obtain a conditional use permit for the dock. Libby asked whether the LMCD has any governance over this dock. Curtis stated they do not. Johnson stated he believe the LMCD's jurisdiction ends at the edge. The water is not very deep by the cattails so it was determined they would need to extend the dock further out. Chair Thiesse opened the public hearing at 6:38p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:38 p.m. Thiesse asked if Orono has any ordinance regulating the size of the platform at the end of the dock. Curtis stated Orono does not regulate structures in the water and that possibly the DNR would have jurisdiction over that. The LMCD,the Watershed District, and the DNR have seen and weighed in on this request. Thiess stated his biggest concern is the size of the platform. Page 2 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Olson moved,Landgraver seconded,to recommend approval of Application No. LA19-000003, Fine Line Lakeshore Service, 1795 Fox Street,granting of a conditional use permit. VOTE: Ayes 5,Nays 0. 3. LA19-000004 CITY HOMES,3369 CRYSTAL BAY ROAD,VARIANCES,6:40 P.M.— 6:54 P.M. Kristi,Alexander Design Group, and Joshua Jabs, property owner,were present. Curtis stated the applicants are requesting a number of variances in order to construct a new home on the property. Variances for lot area, lot width, hardcover,driveway width in the 75-foot setback are requested in addition to 75-foot setback and rear yard setback variances for the house and deck. The applicant is also proposing to restore the grades to better flow into the neighboring lots. As a result, a variance is requested to the defined height calculation. The lot is nonconforming with respect to area and width and the 75-foot setback from the lake bisects the lot. The applicant's request for hardcover, setback, and height variances results in the property's inability to conform to all of the lot of record standards above. The existing home to be removed encroaches into the 75-foot sand average lakeshore setbacks. The new home is proposed to meet the average lakeshore setback and will encroach approximately five feet into the 75-foot setback with the covered stoop and the home will encroach about two feet. The home is proposed with a 23-foot rear setback where 30 feet is required, and the proposed deck is shown at 15 feet. The proposed hardcover level of 39.9 percent is a 322 square foot increase from the existing conditions. The increase is primarily resulting from the increased building coverage. The proposed home is nearly twice the size of the existing home. However, when you include the existing detached garage,the overall proposed building coverage level is only increasing by 355 square feet. the applicant is not maximizing the proposed building coverage due to the limiting setbacks and hardcover. The proposed driveway has an 11.5-foot width at the street and a 25-foot wide garage access and parking area. The hardcover regulations specify a minimum width to match the garage doors serving the home. Another code provision,however, specifies an 8-foot maximum width in the 75-foot zone. The two code provisions are in conflict with each other and Staff is not sure whether that provision is intended to apply in this situation since the home is so close to the lake. Building height is measured from the highest"existing grade"from where the footprint exists on the lot. The existing topography appears to be the result of grade manipulations to facilitate the rear yard detached garage. The retaining walls along the rear property line created a flat area inconsistent with the adjacent neighboring properties and inconsistent with a`natural grade'. The applicant proposes to fill in this area and return it to the original grades. The highest"existing grade"from which the height calculation is based is 939.3' rather than 946', which is the highest grade in the proposed grading plan. The defined building height based on 939.3' highest existing is 36.7',which is 6.7 feet taller than what is permitted. The applicant is requesting variance approval to allow him to restore the grades and use the highest"existing adjacent grade"of 946',which would be more consistent with the immediate neighborhood and make the height calculation conforming. Page 3 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Staff finds there are practical difficulties inherent to the size, shape, location of the roadway and lake, and the shape of the lake justifying the variances. Orono has adopted various ordinances over the past few years to address these inadequacies on small and narrow lots but,however,not all lots can be addressed by those code changes. No public comments have been received. Staff recommends approval. If the Planning Commission is in agreement with Staff, a recommendation for approval should be made. Ressler asked for clarification on the height variance. Curtis noted the retaining walls and stairs coming down from the trail area and surrounding the rear yard are based on the existing condition and extend into the neighboring property. Based on existing conditions,the southwest corner of the house is 939.3',which is technically the existing grade that would be used for the height calculation. The applicant is suggesting the existing grade is an artificial condition and that he would like to restore the original grade and level out the rear to make it consistent, which would make that area 946 feet. Curtis displayed some photographs of the site. Landgraver asked if it is recreating the slope. Curtis indicated it is in order to create a slope that is more natural. Thiesse asked if the proposed survey is correct. Curtis stated the applicant will need to speak to that, but that they do have to join into the existing wall on the other property. Curtis stated the elevation at the corner says 940.5' at the bottom of the wall and 940.1' is what is shown. Thiesse asked if they want to use 946' as their grade. Curtis indicated that is correct. Kristi with Alexander Design Group stated the discrepancy in the hardcover relates to the deck and that they have actually lowered that number slightly. Chair Thiesse opened the public hearing at 6:50 p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:50 p.m. Thiesse commented it is a nice looking house. Landgraver stated every home in this area likely has some type of variance. Page 4 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Ressler stated he does not remember any other homes in the neighborhood having more than three stories. Thiesse stated the home next to this one is relatively high. Curtis illustrated the adjacent home and the proposed residence. Thiesse stated it appears to be more than three stories on the street side. Curtis stated if Commissioner Thiesse is referring to the top area as more than three stories,that is an access point to the deck and the height is measured from the midpoint. Orono no longer regulates the number of stories,which resolves that concern,but it is calculated into the height. Landgraver commented it is a difficult lot to work with, which is a practical difficulty, but that he would like to see the hardcover reduced somewhat if possible. Landgraver noted they are under the structural coverage limit. Libby asked whether the City Engineer has reviewed the drainage on the site. Curtis indicated he has not at this time. Libby stated his only concern would be the drainage. Curtis noted grading and drainage would be reviewed at the time of building permit. Landgraver moved,Olson seconded,to recommend approval of Application No. LA19-000004,City Homes,3369 Crystal Bay Road,granting of variances subject to the recommendations of Staff. VOTE: Ayes 5,Nays 0. 4. LA19-000005 STEVE SCHOTTLER,2740 SHADYWOOD ROAD,AFTER-THE-FACT VARIANCE,6:54 P.M.—7:05 P.M. Steve Schottler,Applicant,was present. Curtis stated in 2016 the applicants built a screen porch addition to the home which exists on the property today without proper permits. Following a stop work notice for the unpermitted construction in 2017,the applicants applied for and received an after-the-fact approval of lake setback, average lakeshore setback, and 75-foot hardcover variances allowing the porch to remain. There were delays and the variances expired. The applicants have re-evaluated and revised their project and have reduced the size of the proposed screen porch,thus eliminating two of the variances. An average lakeshore setback is still necessary. The applicants are currently proposing a 26' x 26' screen porch on the lakeside of the home 76 feet from the OHWL, as much as 14 feet lakeward of the average lakeshore setback. This request has neighbor support. Due to the position of this home and neighboring homes in relation to both Shadywood Road and the lake, Staff finds there are practical difficulties supporting the average lakeshore setback variance for the reduced 26' x 26' screen porch. Page 5 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Staff recommends approval. Landgraver asked if Staff could display a picture of the neighboring home. Landgraver asked if the porch would alter the average lakeshore setback for the neighbors. Curtis indicated it would pull it out towards the lake and that the lots are tucked in there due to the cove. Landgraver commented any time there is an encroachment into the average lakeshore, it creates a creeping forward of the adjacent properties and that he is just trying to get a sense of how that would be impacted. Thiesse stated that is the reason for the 75-foot setback. Steve Schottler,Applicant, stated the ultimate goal was to modify the project. Last year they went through the process with the City and then hired a structural engineer. After getting approval on those plans, a number of contractors said that what the structural engineer wanted them to do was virtually impossible and that it would cost two to three times more than if the structure was just taken down. The thought was then to rebuild it. In doing that, it affected the previous variance and Staff recommended that a new application be filed,which is why he is back here now. The porch has been shortened six feet so it is even further from the lake,which eliminated the variance to the 75-foot setback. This is a unique situation in that the cove is on one side and the lake is on the other side. One neighbor is 65 feet from the lake and the other is 95 feet, which is where this property gets caught. Schottler stated they would like to rebuild it the right way but just a little bit smaller. Chair Thiesse opened the public hearing at 7:01 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:01 p.m. Libby commented the meandering the shoreline makes it difficult to measure it from a straight line and that the support of the neighborhood is an important consideration. If there are no objections from the nearby neighbors,that would tend to make him favor the variances. Libby stated under the circumstances and due to the unique situation with the location of the house,he would tend to favor the variances. Ressler stated he would be in support of it considering the way the lakeshore goes and that the proposal does not look like it is an aggressive change in the average lakeshore setback line. Olson stated he is in support of it,especially since the project is smaller than what was originally approved. Landgraver commented it is an improvement over the first project, and while he has a concern with the creeping forward in the average lakeshore setback line,he is in support of it. Thiesse noted the applicant has improved upon what was approved last year,but that because the variances have expired, it should perhaps be considered a blank sheet. Thiesse stated because the Planning Commission approved variances previously,that might be the way to go. Page 6 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Ressler moved,Libby seconded,to recommend approval of Application No. LA19-000005, Steve Schottler,2740 Shadywood Road,granting of an after-the-fact variance to the average lakeshore setback. VOTE: Ayes 5,Nays 0. 5. LA18-000104 GARY ANDERST,3382 SHORELINE DRIVE,AMENDMENT TO CONDITIONAL USE PERMIT,7:05 P.M.—7:30 P.M. Gary Anderst,Applicant,was present. Barnhart stated the applicant is requesting to consolidate the Narrows business and the Lakeroom restaurant into one business to allow one liquor license.A secondary request is to adopt a new conditional use permit to consolidate the conditions improved previously. In 2000,the City issued a conditional use permit to permit the creation of a new class II restaurant(the Lakeroom). The conditional use permit included a requirement that the new restaurant hold a separate liquor license from the Narrows Saloon. Since the original conditional use permit in 2000,the City has granted a number of conditional use permits for the property as outlined in Staff report. Consolidating both businesses into one liquor license is considered an expansion of one of the businesses requiring at least an amendment to the conditional use permit. Consolidation of the two businesses could permit expansion of the live entertainment portion of the business,to the possible detriment of the neighboring property owners. In addition,the applicant is requesting that the hours of operation for the restaurant side be permitted to be extended to 1 p.m. in order to be consistent on both sides. Currently the restaurant is allowed to be open from 8 a.m. to 11 p.m. Sunday through Thursday and 8 a.m. to 1 a.m. Friday and Saturday. No change is proposed to the hours for the live entertainment. Staff feels this request is reasonable. Staff proposes to codify the size of the Narrows and the stage as follows: The maximum area for a stage and/or live entertainment shall not exceed 15 feet by 12 feet.the maximum area to receive live entertainment shall not exceed 28'4"x 56'3". An expansion of one or both of these parameters would require an amendment to the conditional use permit. At this time the applicant is not proposing to expand the Narrows space. In the past the live music has generated concerns from the neighborhood. A number of conditions were imposed on the business to address those concerns. The City has not received a noise complaint about the Narrows for some time. Staff has been working with the property owner regarding his application. Staff proposes consolidating conditions imposed previously into the revised resolution, in addition to new and modified conditions. The Lakeroom is not yet open but it will be opening in the near future. Landgraver asked why there was a requirement for separate liquor licenses. Barnhart stated his understanding is that one liquor license has to go to one business and that it is currently two businesses. Olson asked if there are two separate tax ID numbers. Page 7 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Barnhart stated that would be his assumption. Thiesse noted if there is only one license and one business loses the license,both would lose it. Barnhart stated only one liquor license is being proposed, which would allow patrons to bring drinks from one area of the structure into the other area, and if there were two separate liquor licenses,they would not be able to do that. Gary Anderst,Applicant, stated as it relates to the liquor license request, it is not so much the cost of the license but rather the compliance. Movement of liquor after it is purchased is one issue but it is also the storage. If one side ran out of something,they cannot borrow some from the other side. The liquor is also purchased from two different accounts. Currently there is a separate tax ID for the Lakeroom but both the Lakeroom and the Narrows are operating under one general ledger and are two separate businesses within the same property. As it relates to the hours,Anderst indicated they can work with the current hours contained in the conditional use permits, but that the issue relates to special events. Anderst stated they do not plan on being open to 1 p.m. every Monday through Thursday but that they already have had requests for special events like Christmas parties,which may occur during the week. One thought was to have one time frame for when the businesses will be open. Anderst stated they did not want to reduce the saloon hours and normally the music is done by 10 p.m. on a weekday night,with the saloon usually closing down shortly after that. Changing the hours was to be more or less consistent with the hours for the Narrows. Anderst stated he understands there is a risk of losing the license for both businesses if it is combined but that there are also compliance issues that have to be dealt with. Anderst stated they have been working a long time in order to make this happen and that they are optimistic it will be a successful business and is something that is needed in the community. Landgraver asked if there are two subsidiaries. Anderst indicated there is Orono Liquor,which has the liquor license, and then there is the Lakeroom, which is an LLC, and then there is the Narrows,LLC,which owns the buildings. They are proposing to operate the businesses under Orono Liquor. Libby asked if there has been any thought or design created so they can be two contiguous businesses. If there is only one liquor license, would they be able to have overflow from one area to area. Anderst stated right now the building is not designed to do that. There is a common vestibule but a separate entrance to each business currently. There is also a second level to the Lakeroom, which is for special events. Libby asked what the seating capacity is. Anderst indicated the occupancy currently is approximately 160 and that hopefully the downstairs will be used for overflow if the Lakeroom gets busy. Libby asked if there is any liquor license that would allow them to serve liquor in the dining room. Page 8 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Anderst stated he has chosen not to apply for a liquor license for the Lakeroom at this time. Libby asked if a single liquor license would be a blanket one for both places. Anderst indicated that is correct. Chair Thiesse opened the public hearing at 7:23 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:23 p.m. Landgraver stated the last time the City looked at this there was a major concern about the noise, but no one has come forward to express a concern about that tonight. Thiesse stated the one patio has been open for a few years now and there has not been a complaint about the noise. Libby noted there is not very many residential properties near this building. Olson stated the noise from downstairs likely would not carry very far. Thiesse asked if a future buyer could combine the two sections to make a larger music venue. Barnhart indicated they would need to go through the conditional use permit process. Ressler stated he is completely supportive of the application and that he does not have a problem with the proposed hours,especially since it is near a busy intersection and road,which likely blocks out a lot of the noise. When combining the liquor license, Ressler stated the one thing he would look at is whether there is one business or two businesses and that it would be nice to be able to go from one section to the other section but that he is not here to design the layout of the building. Olson commented the business concept is similar to Lord Fletcher's. Ressler indicated he is in support of it. Landgraver moved,Ressler seconded,to recommend approval of Application No. LA18-000104, Gary Anderst,3382 Shoreline Drive. Landgraver noted the closing time will need to be cleaned up in a couple of spots in the resolution. VOTE: Ayes 5,Nays 0. 6. LA19-000006 TODD CUSHMAN/RICK BRAMA,PID 33-118-23-11-0060,NORTHWEST QUADRANT OF WILLOW AND WAYZATA BOULEVARD, CONCEPT PLAN,7:30 P.M.—8:00 P.M. Roger Fink, Trident Development; Todd Cashman and Rick Brama,Applicants, were present. Page 9 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Barnhart stated the City has received a sketch plan proposal for a proposed 2 to 2.5 story apartment building consisting of between 75 and 90 units, underground parking, and surface parking. The L-shaped building would be located south of Kelley Parkway,north of Wayzata Boulevard, and west of Willow Drive. Access to the site is planned via two curb cuts onto Kelley Parkway. There are no curb cuts on the north side of Kelley Parkway to have the intersections line up. There is no proposed vehicular access onto Wayzata Boulevard or willow Drive. Any intersection with these roads would not be supported by staff, Hennepin County,or the Comprehensive Plan. There is an existing sidewalk along Kelley Parkway. The developer shows an extension of the trail along the west side of Willow Parkway, south to the Willow Drive/Wayzata Boulevard intersection where a crosswalk is planned. The color palette would be similar to the Stone Bay development. Staff has not done any analysis of the height of the building. The applicant is aware of how the height calculation is done and has not requested any deviation from that. The site plan shows both surface and underground parking. The number of stalls shown currently can support 89 units. The proposal does include a mix of apartment styles,ranging from one to three bedrooms and a studio unit. The proposal meets the height requirement,the setbacks, and the zoning use for this site. MUSA is available and the density is within the guidelines. The concept proposal is the first step in the RPUD process. The density for this site was changed from office use to residential at 20 to 25 units per acre in the Comprehensive Plan. This proposal would be contingent upon the formal acceptance by the Metropolitan Council of the 2040 Comprehensive Plan. Following Metropolitan Council approval,the project will require master plan approval, a zone change to RPUD, and platting. Landgraver asked if the holding pond needs to be expanded or modified to handle additional runoff and whether that has been scheduled to happen. Barnhart indicated the senior housing project sends its stormwater runoff into the pond. Staffs understanding is that some modifications will be necessary to meet the new rules and regulations. The water retention rules have changed since 2000 or 2001,which is why some modifications will likely be necessary. That level of detail will be looked at the time the grading and drainage plans are completed. Landgraver asked who would pay for the cost of the stormwater pond expansion. Barnhart indicated it would be the applicant. The runoff would need to either be retained on site or the applicant will need to acquire additional land to handle the runoff. Landgraver asked who would pay for it 15 years from now. Barnhart indicated it would likely be the City's responsibility but that he would need to verify that. The stormwater sewer system is similar to the City's road system and ultimately the City will need to maintain that. Roger Fink, Senior Vice President of Trident Development, stated they are based out of St. Cloud and were formed approximately 13 years ago. The company's business model is to design these properties for Page 10 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. long-term ownership and that they intend to build a portfolio of income properties. Trident has a sister company also officed in St. Cloud by the name of Lion Contracting, who has built all the properties that Trident has developed over the last 13 years. Trident has constructed approximately 900 apartment units ranging from Chanhassen and the other suburbs of the metropolitan area. Trident also specializes in the senior living/senior housing market and have constructed over 1,000 units. Fink stated they would like to name this development Crystal Bay Luxury Apartments or Crystal Bay Luxury Homes. An analysis of the community itself, as well as the pricing and unit costs,has been done to some degree and it is felt that this development will attract a wide variety of professional singles and young couples, empty nesters,and transitional homeowners. Trident also expects to see a population of millennials who prefer rental housing. The household income brackets are anticipated to range between $31,000 to$65,000. The lower brackets would probably qualify for the studio apartments and occupants of the two-bedroom units would need to earn around$65,000. Fink noted this is not an income qualified project, but that Trident does verify income and employment of all renters. Trident will be opening a brand-new property this month in Maple Grove and this development will probably have similar amenities, such as 9-foot ceilings, a kitchen appliance package, hardwood cabinetry with pulls and handles, a functional center island,washer and drier, luxury vinyl flooring throughout most of the unit,granite countertops,LED lighting package, self-contained air and heat systems, window treatments on all the windows, a private balcony,two panel decorative interior doors, and a curved wall feature in some of the interior units. Outside the units in the common areas will be a spacious lobby. All floors will be serviced by elevators. The building will also include a fitness center, community party room, interior trash and recycling space located in the underground parking garage,bicycle storage, a game room, lockers,and outdoor patio space with seating and a fire pit. Another popular amenity is a package handling system with the tenant being notified by email or text of a package delivery. The building will have secured controlled building entry points as well as a surveillance camera system. It has also been Trident's practice to hire a third-party professional management company and they will be relied upon to enforce the rules,perform background/credit checks, and employment/income verifications. Fink stated they are excited to bring this development opportunity to Orono and that in their view they can meet or exceed all of the City's performance standards. Libby commented this is a 21St century rental housing development and is commiserate of other well- thought of developments. Libby noted there is good demand for housing in this area and that Mr. Fink has made it quite clear that this is not low-income housing. As it relates to the studio units, Libby commented he has seen an escalated spiral for rental rates in the Twin Cities area, and asked whether the rent would be about 50 percent of the gross monthly income of someone who is making around$31,000. Fink indicated they have recently updated some proforma market rates for another property in Minneapolis and that they brought this development into line with those rents. Trident has not done a unit by unit pricing for this project yet but it likely would range around$2 per square foot or$1,100 for a studio apartment. Page 11 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Libby commented that is comparable with other communities. Fink stated as the units get larger,the rent per square foot will decline to around $1.75 for the larger units and$1.80 for the two-bedroom units. Ressler asked whether this project would help with the City's density numbers. Barnhart indicated it would help the City meet their goals. Ressler noted there are not a lot of places where this type of development can be built in Orono. Ressler stated in his view it is a nice plan and does not appear to be overbuilt. Landgraver asked whether the outdoor amenities have been determined yet. Fink indicated they are still developing that aspect. Landgraver asked how critical the third floor is in terms of the economics. Fink indicated it is critical. Landgraver noted traffic on Kelley has gotten somewhat better since the road improvements and asked whether the existing residents on Crystal Bay will be up in arms due to any additional traffic on Kelley. Barnhart stated the former school configuration improvements on County Road 6 did contribute to traffic being backed up on County Road 6,which has been somewhat solved. The engineers have also discussed improvements to this intersection to line it up on the other side,and so the situation will continue to improve. The City would prefer to have traffic on Kelley rather than Wayzata Boulevard. Landgraver asked whether there will be sidewalk all the way to the school on Kelley or to Old Crystal Bay on one side of the road. Landgraver commented that if this development has families with children, they will likely want to walk to school. Barnhart indicated the sidewalk is located on the south side. Olson indicated he does not have any additional questions at this time. Libby asked if he knows what radius the tenants will be drawn from. Fink stated he is not sure he has a good answer to that right now and that a market analysis will look at that. Ressler asked what traffic levels the City anticipates between residential and commericla. Barnhart stated he recalls a study for a proposed apartment building on Shadywood and that the residential development generated less traffic than most desirable commercial developments. Page 12 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Thiesse commented he likes the layout of the site and the way the building fits into the neighborhood. If the easterly connection to Kelley were skewed to the west, it would generate less backup onto Willow for right turns and provide better safety and sightlines. Fink stated he did notice that and that they will look into it. The big unknown at this time is the water table,which would impact the underground parking. Thiesse noted the next road to the west is Old Crystal Bay Road and that the proposed name might generate some confusion. The Planning Commission took no formal action on this item. 7. LA19-000002 SCOTT GATES,4400 DEERING ISLAND,MUSA SERVICE FROM MOUND TO DEERING ISLAND,CONCEPT COMPREHENSIVE PLAN AMENDMENT,8:02 P.M.—8:30 P.M. Scott Gates,Applicant,was present. Barnhart stated this is a request to modify the Comprehensive Plan once it is approved by the Metropolitan Council. The modification is to expand the MUSA boundary by including Deering Island, which is a 2.79 acre island within Lake Minnetonka and is located on the west side of the city limits of Orono. The property owner also owns a lot in Mound most proximate to Deering Island. The property owner would like to extend sanitary sewer services underneath the channel from Mound to Deering Island. The Comprehensive Plan does not include Deering Island as part of MUSA. The City of Mound has provided a preliminary response related to the request and is included within staff report. Mound would serve the island and bill the property owner directly. Orono's Comprehensive Plan does contemplate expansion of MUSA and contains some priority properties for that expansion. The City has a lot of discretion on changes to the Comprehensive Plan. The first guideline is to look to serve properties that are adjacent to the lake. The 2040 Comprehensive Plan includes six priorities as guides for considering modification to the MUSA. The first priority is the property must abut the shoreline of Lake Minnetonka,which this property does. The existing home must have a failing or non-conforming septic system and replacement drain field sites are not available. In the City's sewered areas,the City has to maintain a general density of 3.0 units or more. Orono's density ratio is currently above three units, and if the Comprehensive Plan is amended, it would drop it slightly to 4.11 percent. Additional information as to the status of the system and alternative sites is necessary prior to formal application. Based on the information provided,it does appear that the island fits Priority 1 and condition two can be satisfied. Condition 3 cannot be fully met. At this time the applicant is looking for feedback on the proposed modification to the Comprehensive Plan. Landgraver asked if electric or other utilities already run out to this property. Page 13 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Barnhart indicated they do. Libby asked if natural gas is provided to the property. Barnhart indicated he does not know the answer to that. Scott Gates, Applicant, stated they did not plan to do this up front,but in working on the construction of the Mound property,the discussion came up with Mound staff about running sewer out there. Some research has been done on it, including looking at the costs. Running a sewer line to the property would be more expensive short-term but long-term it has some positive benefits. Gates indicated he has spoken with Orono staff and everyone agrees it is a net environmental benefit. Deering Island has a slightly higher elevation and is approximately 12 feet above sea level. The property consists of 2.77 acres, but there is a pretty limited area to put a septic system since much of the property is wooded. Overall extending the sewer line has a lot of benefits. Gates stated while it is not a certainty at this point, in their preliminary review of it, it makes sense to look at it further. Extending the water line will also be looked at in conjunction with this project. The property owner intends this to be a family compound and the property cannot be subdivided. Currently there is a small cabin on the property that has been there for a number of years. Gates stated they would also have to enter into an agreement with the City of Mound and obtain some additional permits, but that he does not believe that will be a problem since Mound staff suggested it. Thiesse asked if this is strictly to discuss a proposed change to the Comprehensive Plan. Barnhart indicated that is correct. Landgraver asked if there is any intention to rent out the island. Gates stated not to the best of his knowledge at this point and that the intent right now is to use it for family and friends. Libby asked how big the sewer line would be. Gates indicated it looks like it would be a pressurized two to four-inch line but that it has not been fully engineered at this point. Minimum coverage would be ten feet below the bottom of the shore. Gates stated boring under the lake would be similar to boring a line in under the ground. Landgraver asked if there are other private islands in the City that might be interested in doing this. Barnhart stated the City does have some sewer lines that go beneath the lake currently,both city-owned and private,and that there potentially are other islands. The RS zoning district is a 5-acre lot size. Deering Island is smaller than that,which means it cannot be subdivided. Thiesse asked if an RPUD is a possibility. Barnhart stated it would be a pretty drastic deviation from current practice. Page 14 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Thiesse stated to his understanding the chain of islands in Mound have sanitary sewer. The biggest concern is, once sewer is there, what will happen with the property twenty years down the road. Ressler asked who will pay to maintain it after it is installed. Thiesse noted the Planning Commission is only looking at expanding the MUSA. Gates stated his understanding is it would be treated as a residential service from the street in Mound. Ressler stated it is a good idea in general to minimize risk for pollution to the lake. Since there does not appear to be any future costs incurred by the City,there does not appear to be really any downside to it. Barnhart noted the City has built up their density in certain areas,which allows the MUSA to be expanded to more sensitive areas. Ressler asked if sewer has been run out to Big Island. Barnhart indicated it has not, and that if anyone is interested in doing that,they would need to incur the expenses for that. Libby asked what is existing on the island. Gates indicated he is not sure. Libby stated he is a strong proponent of municipal rather than private,but that it is environmentally more sound to do this. Landgraver asked to what point the property owner would be responsible to. Thiesse indicated it would be the property line off the street. Landgraver asked if this property would require a separate connection since there is a common owner of both the peninsula and the island. Barnhart indicated that is correct and that there would be an easement required. Libby asked whether the property would be required to have a stop valve. Gates stated he does not know the exact engineering requirements but that it will all be done in conjunction with Mound engineers and the applicant's engineers. Gates noted a septic system costs more to install on an island, which also helps mitigate some of the costs. Thiesse asked if an easement would be required for the portion under the lake. Barnhart stated it likely would be considered public land and that an easement would not be required but Staff would need to check into that. Gates stated the LMCD has authority over the lake surface and not underneath the lake bottom. Page 15 of 16 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 19,2019 6:30 o'clock p.m. Thiesse stated in his view it is a good deal and that he does not see any downside to the City of Orono. The Planning Commission took no formal action on this item. 8. UPDATE ON FEBRUARY 11,2019, CITY COUNCIL MEETING Barnhart reported the City Council took the following actions at their February 11 meeting: • Approved the preliminary plat for 3087 Orono Orchard Road. • Approved the variance for the fence on Ferndale. • Approved the variance for the accessory building in front of a principal structure. • Approved the variance at 835 Forest Arms Lane for the average lakeshore setback. • Approved on consent the application for 2455 North Shore for a variance and IUP. • The City Council supported the sketch plan at 690 Brown Road,which was similar to the recommendation of the Planning Commission. • Approved the variance for the air-conditioning unit for AJ Helgerson. • Denied the variance for the solar panels at 240 Wakefield Road. The City Council viewed that as leaning towards a change in the code and the Code Review Committee will be reviewing it to see whether there should be a change in the code. Barnhart stated the Metropolitan Council has provided some feedback on the Comprehensive Plan and that City Staff has resubmitted some corrections or modifications to the plan. The City Council approved those changes at their February 11 meeting. 9. OTHER ISSUES FOR DISCUSSION Ressler stated he would like the City of Orono to explore different options for high-speed Internet and that City Administrator Rief was going to gather some information on that. Libby stated part of the issue is that Century Link has a set service cost and Orono does not generate enough benefit to them to expand their system. ADJOURNMENT Ressler moved,Olson seconded, to adjourn the Orono Planning Commission meeting at 8:37 p.m. VOTE: Ayes 5,Nays 0. ATTEST: John Thiesse, Chair Page 16 of 16 Date Application Received: 02/18/19 O� Date Application Considered as Complete:02/18/19 �- T VO 60-Day Review Period Expires: 04/19/19 To: Chair Thiesse and Planning Commission Members �t �~ Dustin Rief, City Administrator RkESHORF From: Melanie Curtis, Planner ince Date: March 18, 2019 Subject: #LA19-000007,Tom Rauscher o/b/o Donald & Heidi Haberman, 2799 Pheasant Rd Variances Public Hearing Application Summary: The applicant is requesting approval of the following variances in order to redevelop the property: • Lot area and lot width; • Average lakeshore setback; • Lake setback; and • Hardcover. Staff Recommendation: Planning Department Staff recommends approval,with modifications to the patio. Background The applicant is proposing to redevelop the property with a new home, in the same footprint as the current home.The existing home is 61.2 feet from the OWHL, and encroaches up to 24 feet lakeward of the average lakeshore setback line. The proposed home is a rambler with a walk- out basement but because they plan to increase ceiling heights and therefore expand the volume of the home, as well as construct a lake side patio variances are requested. LOT ANALYSIS WORKSHEET Section 78-330&78-1279-Setbacks: LR-1B Required Existing Proposed Street/Rear 30' ±160' 145' East Side 10' 11.9 11.1' West Side 10' 19.6' 16.1' Lakeshore 75' 61.2' 61.2' The existing home encroaches lakeward of the average Average Lakeshore lakeshore setback line as much as 24 feet.The new home proposes to maintain this setback. FILE#LA19-000007 18 March 2019 Page 2 of 5 Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 31,342 s.f. (0.7 acre) 111'@ 75'/123' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 31,342 s.f. (0.7 acre) Allowed: 6,268 s.f. (20%) Proposed: 3,959 s.f. (12.6%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay Existing Hardcover Proposed Hardcover District Tier in Zone Hardcover Tier 1 31,342 s.f. 7,835 s.f. 7,665 s.f. 701 s.f. 7,820 s.f. 967 s.f. (25%) (24.4%) w/in 75' (24.9%) w/in 75' Applicable Regulations: Lot Area and Lot Width Variances (Section 78-330) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met;such as: 1. All setback 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 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. 4. All other zoning district standards can be met. The applicant's request for 75-foot zone hardcover, lake, and average lakeshore setback variances results in the property's inability to conform to all of the standards above.Therefore, lot area and width variances are required in order to redevelop the property.The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Lake Setback; 75-foot Hardcover; and Average Lakeshore Setback Variances (Sections 78-1279 & 78-1680) The existing home encroaches approximately 13 feet into the 75-foot setback and approximately 24 feet average lakeshore setback. A 388 square foot portion of the home is within the 75-foot setback; in addition to some stone stairs and retaining walls,there is an existing 158 patio on the walkout level of west side of the home and a smaller, 38 square foot landing on the west side all within the 75-foot setback.The applicant is proposing to construct the new home to fit within the existing footprint on the lake side of the home (encroaching into FILE#LA19-000007 18 March 2019 Page 3 of 5 the average lakeshore and 75-foot setbacks); a new 462 square foot patio is proposed on the first floor level in the southeast corner of the home.Variances for setback are required due to the increase in mass within the existing nonconforming footprint.The 75-foot hardcover variance is relating to the new patio hardcover and location. The proposed hardcover level of 24.9% reflects a 155 square foot overall increase from the existing conditions;while this falls within the hardcover limits, 266 square feet additional hardcover is proposed in the 75-setback due to the proposed, larger patio.The proposed home is 896 square feet larger than the existing home. Building coverage is proposed at 12%;the applicant is not maximizing the proposed building coverage. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance.The lot includes difficulties in its substandard size and width, location of adjacent homes, and the existing home's proximity to the lake.The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home on the substandard lot,in the proposed location within the lake and average lakeshore setbacks, appears to be somewhat reasonable as the applicant is proposing to build within the existing lakeside footprint,the property's nonconforming size, and the neighboring homes'orientation with respect to the lakeshore,and adjacent properties creates difficulties.The hardcover level,and building encroachments proposed within the lake yard and average lakeshore setback do not exceed existing setbacks and do not appear to be unreasonable. FILE#LA19-000007 18 March 2019 Page 4 of 5 b. There are circumstances unique to the property not created by the landowner; The nonconforming lot size,the existing home's location with respect to the lake and the neighboring home locations prevent a residential footprint consistent with the neighborhood.The proposed overall hardcover level is conforming.The circumstances are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a residential home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The property's substandard size and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The property's nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, hardcover, average lakeshore and lake setback variances are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.Granting the requested hardcover, lot area, lot width,average lakeshore setback and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The requested variances for lot width, lot area,and setback are necessary,and do not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE#LA19-000007 18 March 2019 Page 5 of 5 Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that due to the applicant's choice to build a replacement home within the existing footprint there are difficulties limiting the volume expansion within the existing setback from the lake.The location of the neighboring homes creating the average lakeshore setback also impacts the proposed volume increases. Also,the proposed 61.2 foot setback from the lake affects the opportunities for improvements on the lake side of the home. The relocation of the lakeside patio to the main level of the home results in the loss of the "nonconforming" status of the existing patio setback and hardcover. The new patio request may be reasonable, however staff suggests a reduction in the size so that the 75-foot zone hardcover is not increased over existing. Engineer Comments The City's Engineer has conducted a cursory review of the plans. Those comments are attached as Exhibit G.A more thorough review will be done at the time of the building permit review. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval should the planning commission agree with and/or identify practical difficulties supporting the variances. Staff does not support the larger patio in the 75 lake yard as proposed. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. City Engineer Comments Exhibit H. Property Owners List Exhibit I. Plat Map Land Use Application Summary Application Date: 02/18/2019 Address: 2799 PHEASANT RD EXCELSIOR,MN 55331 Parcel Number: 2111723320003 Land Use Number: LA19-000007 Application Submitted By: Agent on behalf of property owner Owner: Name: Donald E&Heidi R Haberman Address: 9730 Skylane Eden Prairie,MN 55347 Applicant: Name: Tom Rauscher Address: 275 Market Street Suite 501 Minneapolis,MN 55405 tjr@trauscher.com Contact Information: Associated Contact: John Kraemer john@jkandsons.com Associated Contact: Tom Rauscher tjr@trauscher.com Associated Contact: Wade Schmidt wade@trauscher.com Associated Contact: Project Description: New Home Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application �! Applicant Signature: 2799 Pheasant Rd. Narrative We are applying for a variance to build beyond the rear yard setback of an existing property by building up walls above an existing rear footprint, adding a patio off the rear of those walls and raising the existing grade up to meet that patio.The difficulty of the lot being substandard in area width has provided us with a reasonable solution of building off the existing rear wall of the house.This will maintain the rear distance from the lake that exists house has now while creating a fantastic new house the property owner desires.The rear patio will only extend out the existing stone steps and stay in part of the cohesive new design of the house.The grade will raise up to meet the patio and create 2 risers into the house,just as it does in the front of the house from the proposed driveway. The raising of the grade will not impair the drainage of water from the property and will maintain the same character.This is all being accomplished while staying under the allowable hardscape percentage for the property. This design will truly become an outstanding addition to a beautiful neighborhood,thank you. PRACTICAL DIFFICULTIES DOCUMENTATION FORM L419-000007 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner proposes to use the property in a reasonable manner by building above an existing wall that lies beyond the rear yard setback. Also, the expansion of the rear patio will extend to an existing set of rock steps and stay in context with the overall existing footprint & proposed rear design. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight of the landowners circumstances are unique to them and not created by them, because the existing house is already over the rear yard setback. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance, if granted, will not alter the essential character of the locality and will in fact add a wonderful new faA?????A????A???A??A?A§ades to the lakeside and streetscape of the property. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The reasons for our variance are not of economic considerations alone, but of practical and reasonable building concerns. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The special conditions applying to the structure and land is that the existing walls the proposed building is to be built upon lie beyond the new rear yard setbacks. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The conditions do not apply to generally to any other land that does not have a structure built beyond the setback lines. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The granting of the application will be necessary for the preservation and enjoyment of a substantial property right of the applicant; because it will allow the best function of the exiting property structure and practicality in the construction process. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Yes, the granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the zoning code. 12. 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Showing We length end dvection of boundary Imes of the legal dna-Moon tined above.The scope of our sent.does not incluse D :l'� determining what you own which is a legal mat..Please check the legal description with your record m cons.IOW competent legal vise Y= . -1 , ."1 counsel, ry, it necessato make rue that na it is col and WI arty man. to or record such as easements,that you wish he included on Oa sur have be Mone awu ``\'',.....-1,T,,,, 2 Showing h I fobsmeJ ung unarm deem trey — �—.. _ *� s\ rt4/�.,‘\• 3. Senna sun,markers or ariWing existing sun,mark.to mart.the corners a the ProPe. 4. Showing 1 Ne 1 I G f the topograph r Ne site. have also provided a �— ��—• r s vy s `` heneMudi f your use in determining elevations r on on W The elevations M late only tlu benchmark provided ``` \\ t— on Jura survey.Lu tlw benchmark,m check a 1 then featureshownon We survey he detmtvag other I aeons for use on -" �\/� —" `,. \'`' `, Justm a helot beg...cmutmction. \` 5. This survey has ban cora. wi5au Om kene.t of a current title mmm rn..Inure may he existing eaemenu m oda encumbrance. 1 .".it -a W ` \ `\� Jen wmahemwedby,ctvrtnt use commitment.Therefor,this survey does riot purport to show enY.entenb or encumbrances oder —�rye. �/ `. ` iw Wan 6. Nate hat all baldingcaws shown,,mensiouand huildg tie dimensions to Ne propertyline,are Wen Pont the siding aha orstuccn of We budding. x. •,�,\a` _ ., ` a y1 I ``\ , r ,ms\ y 1, ; y\'• ` , WARD SYMBOLS de CONVENTIONS: � `,v s\y\`°\`�/ am. ..� Lg..\— y1 t `` t... STANDARD Denotes von saver mn\er,Be,tides,otherwise noted `�\` 1`�y"..�y.:. ts` t \ \ \g` \ / °.0 L ,\ '• 1 _ •••,'1'1/...i5.1t•`•` nl 'ilt111\'i 1�• 1 ,fi — - W \t . W�'1 t — .4�a.,,rt. r ,..„ Iam, ( ` • 1+ W nv /G '-...17., , .-" xr er/at ,......., , ,:„.. , ,..., .... 1.,. ,. ,, /�' Tir £a4ar9 I ' 1..� =17' W LEGEND 1i1 G.WM ,5 a'ppopp'_ ..rst ="', f ri-.._.. — -_ �Ijr ."- .1 1 s.+i...--_,,,, ..... .r. ® .,...mor 13 44 ,11T l vt 41-1) ”:"— • , _==-_- e _- _ Minnetonka „� .... Lake I_ ...o puww —I— nsscup nlemx.wsleasaoon.ss ��r'gmisa"4w smirrm a. pcc.,a.m tt m,e stgnmle 22,I'34 '^'"1 °°I""a'""T0 Advancet...--t-i777- DATE eI7EXISTING CONDITIONS JOHN KRAEMER & SONS, INC. �" M �` SURVEY sr..,ria Su Nn9 a Eigireemq,Co. (�( w 2799 P}�F,'.4SAN7' ROAD T.117127;9..'" ^•••� w.,wwa,.... S I 1f m ORONO, MN 02E°„,E'0o 181452 1 ® DECEMBER tt zBe REV 3-13-19 ...,tort Lt I2,PHEASA.T'LAWN,SRmmpinCounty,h0Meenla. '\ Pheasant Road ---9T9.,Contour --, u LOT AREA-JI,342 SQUARE FEET ''\\ SCOPE OF N'OItABLL RTAlIONS: \` tAA.Lwy'K r " I. Slowing the length a d direction of boundary lima of Mc legal description honed above.The scope of ow services dues not Maude detemunimg what you ovn,Mich is a 1 gal mater.Please check the legal description with your means.or consult with compeimPlegal .y .; \�.e •---- • „f counsel, e necessary,to a nowt.make sua a e Ncorrect and Nat any matters of record,such easements,that you wish to be included on the .4. ,9v ,`.. sury 2. rowingt' et u helocation of observed existing improvements we deem necessary fon the survey 3. S markverifying existing s come.marten to establish the ca .of the propene. .w -µ\ 2 •'...•••:- v\\�_l '' S. Showing elevations on the site a ca selected lotions to give some indication of the topography of the site.NA have eco provided a benchmark for your we in determining elmadom fon construction ons this site.The elevations shown relate only to Ne benchmark provided on thissurs,.Use idea benchmark and check a lent one other feature shown on Ne survey when determining other elevados fir use on �___� _� _ _ �v `\'••`\,x,••••••\\v s. This ahasbeenj®ng weumm benefit of a canard title cwmninmen There may be existing easementsother encumbrance. _ �_' — � ��•' •'•`a '• 5. Na would be revealed by a a cumtt title commitment.Therefore,05 survey doe.not putpan to show any easements or=cum*.other _-.- -`:„.„..,,,,,,,,s \\ s t '\ \ s than Ne ones shown hereon -1 •YiW`,' mars ,,n \ 0 \\t, \ \S S 6. Nae that all building dimensions and building tic dimensions to Ne property lir,K taken final Me siding ash u stucco of the building. _-••••-•-'7 -e5 I t \ �.., , While we show a proposed location for this home a addition,we are not a familiar w;5 your proposed plans a yoµyou architect,or the � \ WI1 _ _ {.. `\1 builder am.Review o9 proposed location of Ne improvements aid proposed yard grades carefully to verify dud they mach your pla9 T_�\ _ pl i v\\ v before construction begins.Also,we are not n familiar with local coda and minimum requirements as the local building and zoning r \.. s \ • a \ 1 mm \\ officials in this community are.Be sue to show this awry to said officials,m any usher officials Nat may have jurisdiction over the �\ �.v v `t �"' Lf.m\w \ \ x�. Wi con N6r approvals Wo brymtiry caitiuetion u planning improvements to the property. \\\`\Yui g^1\ t \ `\\\`` B. 0.hile she the biking setback tines per Me city of Orono web sine,we suggest you show Nu survey to the appropriate city officials to \' v\\{) �•i • 1 1 ten be sure Nam.setback lion me shown correctly.Do this BEFORE you iso this survey to design anything for Ws rime 4\ .f'1 "'4 `� ] \xy\/ '4. , Ism'Y b"ezu. s STANDARD SYMBOLS Be CONVENTIONS: .,y,) ) C e'en It (7(\ •• •-Denotes iron survey marker,sck unless otherwise nosed yWw'\1,f; 3'" ''...\``1 __ -1 1, 111' (\ \ aur n �w�."s lb/ '2 av y.m....e.." fid. r�� �IrEViraZ r.'..amnw....." Ei4enp _.-1C y/bel,,S 1 f �I .16...L. .w OrMn9 . • s, '� mm \ iI` 1 .-ecru r."w...,,...... u a . ewmw.w,m , i~• /1♦gl e i err a"... �a..Wer� ._e.'"'",.. ` FvAnnr, II'. a . ,....,,„„,,,a,...„,„„„,..,„„,..,,,.,„,„,,„..„,,,,„ w.r u Nrsi RDDe 9:B-RomiY N my""ion.e nTn5 _ vw .. -.._ lt' rA� .... tuv0.70 WALE 11004..s. ' b w B ‘lif; II • 61971A,aliMIll• --9,, =—▪_ 'gna�mrn eg6Wv ='--,-.--=-4,.---=--...;77-',---_-3▪—=__ N �-:▪—..`- —.--.1 wnvoseroi not w __ -C=a _ — -:=�rF;�'' a nna —gr— _. =_ __ Minnetonka ams Ac 9601.1..4.1XIMI,ISM.1aog71.111119. La▪ ke WI xD.®,m poaslm — pfUWxGa(1/ -Jxescaf a6.vrx.w6,rm ADDRESS f '.°m'mtw,.�ai�v.. ADVANCED SURVEYING arHc-co. onxwm muesn s.E,s¢e 22k"34 -v,Jflk,VL JOHN KRAEMER & SONS, INC. Advance . aA "� PROPOSED SURVEY 5x66Txo Surveying 4 Engrneen n.Co. 2799 PHEASANT ROAD C 'gyp' ORONO, MN DATE MASTED.568x5~1115.5056 19009220FEBRUv CITE sty 15 2516 SPICE,of I - 4:4.'' ,,-4 • { 0 '. § Z x re-7'' '5fi E 5 ',Tek+ +` 4',-i: A.4` L.-;r t I U 11 I � 1 • { { — �� '� 7 t / % i 3 ▪ Pill !'l ittillit d.{oil'lii X19}{?S o Nal OC O Q Z U 5"t. (� ^" Vases".*` `) 2 'F' ,( _ 11 111LE SHEET-LOCATION MAPS.TABLEOF CONTENTS ci o ,,.--.14.,-y ¢ M 1 /\ 1.0 ElEVATI0N5(1/4"-t-O"PPoNTEp024"%36"] EK O �`�" `t'4 .,A'- -,zz 'p "2 ii ELEVATIONS(t/4"=1 UPRINTEDO24"X36") H 2 �t E iti 2t LOWER LEVEL,11.," .AN(t/4"_1 0"PRINTED024"%36") Q < i.,.,•-•s,`,;,,,i4 AA* yr i - \- 2 t5TFL00RPLAN(t/4"-t d'PRINTE0024"%36") N 'A s'',tu'*t� ,[+A'l�, s ` awN UNOSLAPE PLAN(t/H t 0"PPoNTEOp24"X36") Isw x e 5 � � nt • I 4 surto GOGGLE SITE PUH WITH PLAN 1NGOVERLOVEPoJ,Y 1 L ▪ S $' - aP s^Ez PROPOSED SURVEY WITH EbSTINGO'VERUY P '� t ?, S �` Rt F%tEPoORRENDEPoNGS(SHOWING EASING HOUSE VOLUME) r 44:,, �.,� s"t '7; .. A R2 EXTERIORRENDERING5 N t,: H f _ S. '�� SURVEY FROM ENGINEER(SEPERATE OF SET) �, °. k 5' . HARVEY FROFROM ENGINEER(SEPERATEOF 5ET) V� :4 !".!,7,-.7.,,,,,` iii i ix` f' �./ or rg x �... - _ '. .; ? a4 ! I,'...1..-f.', ▪ # —� i - _ �Ti 2 799 PHEASANT RD.LOCATION MAP tDM U % = 0.., , . I — -—- - :.-1 ..- 1 '11 ._,____. = _ r ,,o„„„: 1 pa _... „lop 1. . illuliiii 3.101.0, ; toil 0 hal _ oc '- -...t 2 •. , _„_ • 0 e. co, = .11- : r — .,... ........ . .• ,„...,.4,4, --,- - - 111 111 --__---- PROCOSFDI,IGHT FLEVATION .. 1 .0 01111 2 la, . A..........n,...1” U o < . . _ r4...„, .„...,,€....7. .,4.....„,,..._,..„„ ,-, _, ........,‘,..,,,...,.....,.,,,..,,, c_. wi j°161111:111;1411:4t • . '., . , .! lz_ ilillii 1 1 I : - . . v....s C ..L Ili d ›. E. c.. d. ii°g 9 1.11.1 2 = 1 —'—.::::::=LL:N=O:1.—"' 0, '.. V I 1 N ..." I I' ," ' ' ';;;,,, ,''; ..,-,' '- -; ' ,, , . , . ........ -rnrisi 4,... : t .. L.i.., ,-- • —• — 1 .1 11. ..........st,..a” U O I 11I ^I, -. 1. ,,urm i i911:ft;li„ q� roof. III 3.11•;:11J __ :I-,Its erdrro 4 o<kki6;f:tt'fiit i Ef W Z N04 Maims ..... Q \-. lit a...t1 T...00., _,,, ammi 24._ muh. e.4 IC h Fld r LN ii LOWER LEVEL I s i a ~2.1 W i 11 1 U O j _ s.. 4s 1 L_I t_.—tom I ,,z_0 0 Gine L1ncC o" IIA,Smit it- L tk• fl tt 4, i LaNi x�filf i:iI r sm g AI _ k t f;3 EINE simu 3 Ftflli; WIDcm.1 W Wim+ Mimi Ii _... —11 rt } HI ill Ills to fl �. m 1 IS c 4 i o. o.• P N L 1.1 FIRST FLOOR s i .. _a — 2.2 w:i-,e-1e U O 15. U2 n o ouQn E -1 sit-ted it � .!11(1;1€ 6,1i,!1141. Y i k . Fav ;r 4I >! a WyC 5sa 11-4g ,F az® O. '6F;3 P9 9/n. �} � T's v � a f ;j LAND Ng F o k,: _ CJ i itho y.... * ,,4 . ,�F1'ii:Stl�6 r I. s I '' ?!1141,{; 11 ° : €iii } W it ff " i =� • ;. " " F: RED DASHED LINE TO '- a1 lay REPRESENT THE EXISTING11101101 ' = 4111111 N, Pkte r HOUSE FOOTPRINT R N y 6 .,. SITE 1 2-1,19 PEA.,A,qw, 955:. s I 70 D I I SF o / -46.3 \\w'04 .. n ,,L X9472X 946.7 3 I \�, 947. 947 'I. .0'� 94x3 X C 9T" ki464 Q111 X (/4944.] �� % I, N�(� U a 947.12 X916.9 Q,915.7 I 4,,,..(_9,46:9-. �%\ I O O �,111•/ AV Cr, (OA �d C916.1 / mX ,Q] , 9472 s, B - # ,594 'A I X 944.1 y4 x9 7.7 951 L L ' //./'°91.14.Z1_ -'a` S z x U X`17.1 X.463 / 91]6 J 9453 Existing ^Y. III Dwelling y s `X4464II X9NA 3� 5-(-9,..i O ` PROPOSED .17.1 I ;-g5 G'- s- ..•-Mk 9403 'I�' .,i &9X 949,2 ` 9 1 Fl/7 / I II ZOR. X r��� 915bX 9M.4 �� X9]e INSTALL ///79 X9500. / DRIVEWAY 1 SILT FENCE _ o ., ir. : :;;' X 9,9,9r1. 45i ` €1 It7� 111 X95tt___ _ 9 4.a I 1-. _ W 94226: f 1 a } F k / x95L1 _ x95,A - _- �-I ll -----PROPOSED / oat:bil(jl; 3 S. k, t -- RETAINING WALL / 953.7. X9322 - 1-------7„1 I.�..r I X94^ I•-•"1:f 11111 / 9531 - 9453 1, 4.1 ''.I4Rr tig'S. 944, 4 - 6 9558';r__ ,9606 ,'-71II �,- B ,AVE-RAGE RE oC e ;' X954.3 '1111 � s» -u• _ • -- SETBApC LINE 'i AVERAGE LAKESHORE-_-=, I'' �. •..' I ____ --. . SETBACK LINE i 75'SETBACK UNE--- 950. 49.8 851.9 _- 9!f T 944.2 X 9/9;9 w d'' g 1 - y 949X 4 }- \ 2i `--75'SE78ACK LINE o OC g 955.4 K9542 1 PROPOSED \\ X 9442 944.3 {4 9451 ^Z R. I X955 .934.3 I if PA RO 24a).... 5 Ay .... fr.... »>111 f5\ al Of 1b LLI ., 9495 9489 II II )( 14.2 X 9456 g .: ( II ' 194�944.76w V 944 p , S F 955.0 / y j J� 05/.!94-a. .;1 95f.4tw 945. G. �`Z X1944.0 P 954.9 , EX576)8.9•X 9-, 94446: X 9411t{3'�, X9547 (951.51 I SfOnC Sf6ps X 9{9 ... ._ _-_,-.X ... __ ' gNy'� I VVV < p I € N IX}49. Rfl- t--RA/SE EXIST. AA z oer err. WALL O E 8 `O I '11 INSTALL r i p6O .-8.4 19491r 949.21W N 11 y;�C V W SILT FENCE , , 7 93676w b X 9427 • -._- -` S.F I• "Rex We/I , X 9429 SF 940:2 -X‘94,14,..,•:.,, , X- -X 944.0 3 I v iN,'� 1 et. Wal/9,- 86 ---$F_�-,-'8F^ 9456 - ._. _ X9543 $X 9537 '�-$F`, / ,( 9404 9 _.. .... 'P ---. \ 37.---X'9' '.9 _.. 9A2, -11 77- INSTALL o 5 X 9513 -- -���� / - _ ,g,g'FENCE 6b la N-88:3,5.08°E zi, a % sto --}- SITE2 X3928.4 X 9282 an 2,8,9 ,,,„,, 1 { //J ay iA M '19.yysi,pp4 „k w timer C' 21x f'. • t ' fit.: I1 U 44 '1 ®® ®®49 B y F G • zit it ..ie�w�.rox A fes. Oro..QL.UfCN[A ,�1 I I 11-1 . 2799 PHEASANNTTRD.VARIANCE f u 5`-' ]]99 PHEASANT ROAD,ORONO. _, ''",::„.1-'., C ag s. x yc r ' sf 1 p rd' a q, .r�� q$ c,„:.7...„....Y 7`P• t , x to '. -.-.0;',-;1/ �,.qy v ,. - /� I I, _Fr Fpr1.1rEesPFcuvF F'I'.FD fsnc<. I. —.,II � u !PTCI' 11111,41 CCC ji" z x ,,. .. iSCC 0 Z . PRCPOED FP.ONI-PERSPECTIVE PPOPOSED 6A0<-P-R PEC,Iv, n a W x d Cr, r N o ..r,:.!...- , , . ,I : ma /-:( N.01 , . .�.. gy : R.2 PIM }PROP05FDFRONT-PERSPECTIVE PROPO[D bnL!(-P KSP-GINr City of Orono Hardcover Calculation Worksheet Property Address: 2799 Pheasant Road (our survey 181452) � ' Prepared by: Thomas M. Bloom P.L.S. No. 42379 Date: 3/14/2019 `^'rESHO�E Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House (Outside 75' lake setback) 2,675 S.F. B Stone Walk(Outside 75' lake setback) 50 S.F. C Bituminous Drive (Outside 75' lake setback) 3,687 S.F. D Concrete Surfaces (Outside 75' lake setback) 552 S.F. E Ret. Walls (Outside 75' lake setback) 33 S.F. F S.F. G S.F. H S.F. I S.F. J House(Inside 75' lake setback) 388 S.F. K Stone Steps (Inside 75' lake setback) 117 S.F. • L _Stone Walk(Inside 75' lake setback) 38 S.F. M Ret. Walls (Inside 75' lake setback) 148 S.F. N Paver Patio (Inside 75' lake setback) 158 S.F. 0 _ S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. (1) Total Existing Hardcover 7,846 S.F. Excludable Hardcover(See City Code Sec 78-1684) Ret. Walls 181 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 181 S.F. (3) Net Existing Hardcover 7,665 S.F. (4) Total Lot Area 31,342 S.F. Existing Hardcover Percentage [(3)/(4)] 24.46% ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under the laws of the State of Minnesota. rn,a, 8�o m Thomas M. Bloom P.L.S. No. 42379 Step 2: PROPOSED HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example) (Garage) (24'x 30') (720) S.F. A House (Outside 75' lake setback) 3,571 S.F. B Bituminous Drive (Outside 75' lake setback) 2,980 S.F. C Front Porch/Steps (Outside 75' lake setback) 144 S.F. D Side Conc. Pad/Steps (Outside 75' lake setback) 54 S.F. E Retaining Walls (Outside 75' lake setback) 22 S.F. F Rear Patio (Outside 75' lake setback) 104 S.F. S.F. H S.F. I S.F. J House (Inside 75' lake setback) 388 S.F. K Stone Steps (Inside 75' lake setback) 117 S.F. L Rear Patio/Steps (Inside 75' lake setback) 462 S.F. M Ret. Walls (Inside 75' lake setback) 151 S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. y S.F. L S.F. (1) Total Proposed Hardcover 7,993 S.F. Excludable Hardcover(See City Code Sec 78-1684) Retaining Walls 173 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 173 S.F. (3) Net Proposed Hardcover [Subtract line (2)from line (1)] 7,820 S.F. (4) Total Lot Area 31,342 S.F. Proposed Hardcover Percentage [(3)/(4)] 24.95% From: Adam Edwards To: Melanie Curtis Subject: RE:Grading Review-LA19-000007/2799 Pheasant Rd Date: Monday,February 25,2019 2:26:22 PM Melanie, Couple comments: 1. With the addition of 3 feet to the north portion of the new building area the applicant will need to exercise care in ensuring run off is not directed at the neighboring properties. 2. The plan shows that the existing retaining wall on the south side of the house will be raised. As they will exceed 4 feet they will require designs signed by a licensed engineer. Adam From: Melanie Curtis Sent: Monday, February 25, 2019 1:59 PM To: Adam Edwards<aedwards@ci.orono.mn.us> Subject: Grading Review- LA19-000007/2799 Pheasant Rd Adam Please review the attached plan to construct a new home within the 75-foot setback and average lakeshore setback. They're attempting to build within the existing footprint on the lakeside but are expanding the volume and adding a patio. I'm looking for comments from you that would alter the overall plan at this stage only; will go to PC on March 18th. You'll get another go at Building Permit time. Comments by/before March 11th please. Thank you. tambA2 Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK. RUN DATE:02/19/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 21-117-23 23 0013 38 21-117-23 24 0056 JOHN EDWARD HALL BETH A PAULSON 2705 PHEASANT RD 2695 SHADYWOOD RD ORONO MN 55331 ORONO MN 55331 JOHN EDWARD HALL BETH A PAULSON 2705 PHEASANT RD 2695 SHADYWOOD RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0014 38 21-117-23 32 0001 PHEASANT LAWN HOMEOWNERS CINDY SUNDET/SCOTT SUNDET 38 ADDRESS UNASSIGNED 2791 PHEASANT RD ORONO MN 00000 ORONO MN 55331 PHEASANT LAWN HOMEOWNERS CINDY T SUNDET 2700 PLEASANT RD SCOTT A SUNDET EXCELSIOR MN 55331 2791 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0017 38 21-117-23 32 0002 MICHAEL J CULLEN ET AL C H SKIEM&S K SKIEM 2700 PHEASANT RD 2795 PHEASANT RD ORONO MN 55331 ORONO MN 55331 MICHAEL J CULLEN CRAIG H SKIEM 2700 PHEASANT RD SUSAN K SKIEM EXCELSIOR MN 55331 2795 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0024 38 21-117-23 32 0003 MT&M C JORGENSEN JT LV TR D E HABERMAN&H R HABERMAN 2725 PHEASANT RD 2799 PHEASANT RD ORONO MN 55331 ORONO MN 55331 MICHAEL T JORGENSEN DONALD E HABERMAN MARGARET C JORGENSEN HEIDI R HABERMAN 2725 PHEASANT RD 9730 SKYLANE EXCELSIOR MN 55331 EDEN PRAIRIE MN 55347 38 21-117-23 23 0025 38 21-117-23 32 0004 STEPHEN L BAKKE ETAL JAMES D ECHTENKAMP ET AL 2765 PHEASANT RD 2800 PHEASANT RD ORONO MN 55331 ORONO MN 55331 STEPHEN L BAKKE JAMES&JEAN ECHTENKAMP 2765 PHEASANT RD 2800 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0050 38 21-117-23 32 0005 MARION H BROWN J&G TEYNOR 2685 SHADYWOOD RD 2789 PHEASANT RD ORONO MN 55331 ORONO MN 55331 MARION H BROWN GAIL M&JOSEPH T TEYNOR 2685 SHADYWOOD RD 2789 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0052 38 21-117-23 32 0007 MARK C&ANITA S RIDGE GREG HUELER&KELLI HUELER 2720 PHEASANT RD 2715 PENCE LA ORONO MN 55331 ORONO MN 55331 MARK C&ANITA S RIDGE GREG HUELER&KELLI HUELER 2720 PHEASANT RD 2715 PENCE LA EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0057 M M COTTER&J A COTTER 2730 PHEASANT RD ORONO MN 55331 MARGARET M COTTER JEFFREY A COTTER 2730 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0058 T J MAHONEY&K A MAHONEY 2760 PHEASANT RD ORONO MN 55331 TIMOTHY H MAHONEY 2760 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0059 WILLIAM M&SUSAN K DUNKLEY 2709 WALTERS PORT LA ORONO MN 55331 WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LAN#100 PLYMOUTH MN 55447 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date. 2/19/2019 2701 qnl 2680 26.5 2695 21.u0 lig, j:e* 20 3 Rr0 2705 or' i 1- 2685 { # 4441 2700 tvt � 2725 R•11y { ' a Z rt 4. ' i2765 iiii t al 4 2760 )11141 r . ''S.'S, :I:.!t.i- > .!..,47 II: -"" '' - ,z,4.4- K 9D 2$OD11 p1 ., R} ,, 3 711/ r' ;1:;-,,,,,,,, ' . 4. - f 1} . 06. £P k``,.xl, 6` y" z ''` s s ,, - k : 3 T -' _ �C ,gar: .# A r ' ''..1 ' im 'M —.4-14; x"x °�i2` zn7 v `. '�f �-1��t� � - e� � `!?rte ����` �',±i. Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 799 Pheasant Road This data (i) is furnished 'AS IS' with no representation as to completeness oraccuracy, (i)is fumehedwithnowarranty of any kind, and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shat rat be liablefor anydamage,injury o loss resulting from this data For more m , o H ennepi n ty f ce 300 6th S treetinforSo uth,ationMcnntan eact pd s,M N 55487Coun/GIS g is.iOfnfo@hennep n.us Date Application Received: February 20,2019 �Ol VO Date Application Considered as Complete:Incomplete 60-Day Review Period Expires: To: Chair Thiesse and Planning Commission Members `qty ��' xESHov- Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: March 18, 2019 Subject: #LA19-000009,Jamison Kohout o/b/o Real Assets, LLC 1645 Shadywood Rd, Preliminary Plat- Public Hearing Application Summary: The applicant is requesting preliminary plat approval to split the existing 2.51 acre parcel into two buildable lots and an outlot, in a front lot/ back lot configuration. Staff Recommendation: Planning Department Staff recommends approval of the subdivision, subject to the conditions listed below. Background This property was the subject of a preliminary plat action in 2013 (Resolution 6338). The corresponding final plat was never filed, and the preliminary plat expired in November, 2014. This proposal is identical in layout compared to the original approved preliminary plat, though the lot sizes are slightly different. Proposal The applicant proposes to split the 2.51 acre parcel into two lots and an 30 foot wide access outlot: Lot 1. Lot 1 is 67,529 sq. ft. (1.55 acres) and is 140.27 feet wide. Both dimensions exceed the minimum requirements for a back lot in the LR-1C zoning district (.75 acres and 100 feet wide). The lot will be served by municipal water and sewer. The lot includes a number of trees that will be removed to support a building pad. There is an adequate building pad within the setbacks to accommodate a house in character with the surrounding area. Access to lot 1 will be via the access Outlot A and will be shared with Lot 2 for the eastern 300 feet. Lot 2. Lot 2 is 32,670 sq ft (0.75 acres) and is 110.21 feet wide. Both dimensions exceed the requirements of a lot in the LR-1C zoning district (0.5 acres and 100 feet in width.) Access to this lot will be via a shared driveway off of Shadywood Road. Staff has FILE#LA19-000009 March 18,2019 Page 2 of 3 submitted the plans to Hennepin County for their comment, but to date, no comments have been received. There is adequate area on the lot, within the setbacks, to build a house in character with the neighborhood. Access outlot. The only dimensional requirement is the outlot must be 30 feet wide, to accommodate the driveway, drainage, and snow storage. The outline is 30.06 feet wide, meeting the requirement. Applicable Regulations: Section 82-256 regulations front/back lot divisions and is attached as Exhibit E. Analysis The creation of one lot does not require stormwater management. The lot meets all dimensional requirements. Staff has requested additional information, (MCWD permit,grading plans) outlined in the incomplete letter, Exhibit D. Since these items can be accommodated easily, Staff recommends approval of the subdivision, pending satisfaction of those items. The Planning Commission may elect to review this additional information prior to moving the application forward. Engineer Comments 1. The only comment generated by the City Engineer is the following: On the Gronberg survey the service lines for lot 1 should be covered with an easement. The water service line is shown within Lot 2 along CSAH 19. The trail easement should be fine as long as it is also a utility easement.This will be incorporated into the conditions. Public Comments To date, no written public comments have been received, though staff has received a call from a neighboring property owner concerned about future subdivision of any of the lots, and storm water impacts to the access drive and adjacent parcels. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval, subject to the following conditions 1. Final Plat applied for within 1 year of Preliminary Plat approval. 2. Easement to the benefit of both lots and the city for access and utilities over all of Outlot A. 3. Easement to protect utility service lines serving the two parcels. FILE#LA19-000009 March 18,2019 Page 3 of 3 List of Exhibits Exhibit A. Application summary Exhibit B. Plat Drawing Exhibit C. Narrative/Cover Letter Exhibit D. Staff Comment Letter Exhibit E. Applicable Code Section Exhibit F. Public Notice Mailing information Land Use Application Summary Application Date: 02/20/2019 Address: 1645 SHADYWOOD RD WAYZATA, MN 55391 Parcel Number: 1711723220013 Land Use Number: LA19-000009 Application Submitted Property Owner By: Owner: Name: REAL ASSETS LLC Address: 550 25TH AVE ST CLOUD, MN 56303 Applicant: Name: Jamison Kohout Address: 12545 85th PL N Maple Grove, MN 55369 jamison@jamisonkohout.com Contact Information: Associated Contact: Scott Ruzin scottmruzin@gmail.com Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Associated Contact: Project Description: Re-Application for lot subdivision at 1645 Shadywood Road Land Use Application Amendmend Application (I Type: Appeal of Admin Decision Concept Application Li Conditional Use Permit Li Site Plan Application Li Subdivision Application 1i Subdivision Exception Li Vacation Application CI Variance Application Li Applicant Signature: -------� LESLIE LAKEVIEW ESTATES "�"; Tz.,,,.,,3, °" PRELIMINARY PLAT FOR wof . �,- , REAL ASSETS LLC i.: IN GOV'T LOT 2,SECTION 17-117-23 0�` j HENNEPIN COUNTY,MINNESOTA 1 I I a W w a 1 I I IW I , w „ I I , , m cHsiceR 1 1 xi V/C✓ E T l'L.S I 1 i $;g i A � 1 ^ I �� I I (9' ! 1 il 0 i,- \ d / / I 1-� t _.tom A z_11_7' / .' 4''''--,:,- --, • '� ,1 it X111 Ls9760 �"'TATA- Lei ,-. ,, :;.� ,. 'wed.... ,!G + r d s: 1 T " �I —. -� ' 1 p 11 01 t i 1-• I I ,i�'",(ail/,s..>� ' -r- ,`�.1 I .a.- ,j '`•-f 1 i. hi >v '" I 1� :•o.. I,, . i_` - 1 301 �\;T B % � I- 1 z j. s 7, ''-- ,r; I'- 8I I ,� 1 , La�a s -I 7.---s - ---- I� al 18 111,O a l !' ! A,. ..L. L i -� a„;,, - zr � P/''I I 1 0 -r^; L `� w r-1F' -r'-- ., --- -l'" v l -- --' i4 44- — '_L `� -�S—.� I 1'i -- �► r...a„ i�v �.., rr �." .+:: rte r: •,./. ,.,'.Fruyra .. i g I 6-6)/2F '�S ;ODD,/TION ' I ' " w" I til '� it a l 1 7Zi' , SHAD i' WOOS j _ • 11� I Q [B 1 g MAPLEGA TL INLE% LA I �. , �E3 LThe pan Rate South 140 EGAL DESCRIPTION o,aOASES SURVEYED fig :.: tafthe Norlh QS 5.1 a w Weal, s 'r'w„c I - " are.Rom.West.of...Woo,Nov..Coulty Mo.. owNEN improvements of eRcroocnmene, MAPLE GROVE MN 5530,PROPERTY ADDRESS 0y�...30 80 120 1 '•• E"'ERR'. �w..�. oAono MN 5.R. 1m.m� � 's, CORRENnr zarto En is SCALE IN FEET -� I4A4Aii City of Orono RE:Application LA19-000009 Proposed 2-lot Plat of 1645 Shadywood Rd. Dear Sirs/Madams, Please consider my application for a subdivision that would result in a 2-lot plat of the property located at 1645 Shadywood Road. This property has had a past approval of a new plat(file 13.3622), resolution number 6338. I apologize for not recording the approved plat. My intent was to record the plat when new homes were identified to be built on the new lots. My prior partnership did not move forward with investing in new homes for those lots and therefore the plat was never recorded. I am re-applying for the same subdivision at this time because I intend to build my personal home on the property this summer. I thank you for your consideration of this request. Sincerely, a6144 "- Jamison Kohout VP Real Assets LLC CITY OF ORONO ' Street Address: Mailing Address: Telephone(952)249-4600 � 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 !q �," Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us `CES HOF" February 25, 2019 Jamison Kohout VIA EMAIL 12545 85th Place North jamison@jamisonkohout.com Maple Grove, MN 55369 Re: Preliminary Plat Application LA19-000009 The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a Preliminary Plat for property located at 1645 Shadywood Road. Our preliminary review indicates that your application is incomplete. 1. MCWD permit,or verification that a permit is not necessary. You noted in your application materials that you were waiting on a call from the Watershed District. We have learned that their permit issued previously has expired. This permit will be required prior to Council review, but will not delay Planning Commission review of the preliminary plat. 2. Legal description, in Microsoft word format. This prevents mistakes when preparing the resolution and other documents. 3. Grading and erosion control plan. If grading is not proposed with the plat,then the existing grade will be used in determining structure height. Will the driveway in outlot A be constructed immediately, or with the sale/construction of Lot 1? Your application is scheduled to appear before the Planning Commission on Monday, March 18th. The meeting begins at 6:30 p.m. Please make sure that you or your representative is available to attend the meeting. You will be emailed a staff report regarding your application prior to the meeting date; alternatively,the staff report and agenda will be made available the Friday prior to the meeting on the City's website at www.ci.orono.mn.us. I will be the planner assisting you through the review of this application. Please call me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us should you have any questions. Sincerely, City of Orono Jeremy Barnhart,AICP Community Development Director Sec. 82-256. - Double-frontage lots, access to lots, and front/back lot divisions. (a) Double-frontage lots. Double-frontage and reversed-frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. (b) Access from any arterial roadway. Lots shall not, in general, derive access exclusively from an arterial roadway. Where driveway access from any arterial roadway may be necessary for several adjoining lots, the council may require that such lots be served by a combined access drive in order to limit possible traffic hazard on such roadway. Where possible, driveways shall be designed and arranged so as to avoid requiring vehicles to back into traffic on any arterial roadway. (c) Front/back lot subdivisions. Flag lots and easement back lots shall not be created. Front/back lot divisions shall be allowed only in conjunction with the creation of an outlot to provide access from the back lot to the public or private road. Such outlot shall not be allowed as creditable lot area for either the back or front lots. Front/back lot subdivisions shall adhere to the following standards: (1) Applicability. a. Front/back lot divisions may be used when existing property dimensions are narrow and deep, such that lot width does not allow for a side-by-side lot split, but acreage is adequate to provide a front lot and a back lot without requiring an area variance when the area of the outlot access corridor is excluded. b. Front/back lot divisions may be used for individual lot splits but may not be used when subdividing a large parcel into numerous lots if creation of a back lot is merely a convenience to the developer rather than supported by unique site factors. c. A front/back lot division shall not be allowed when any existing residence on a neighboring property abutting the proposed access outlot is located nearer its affected side lot line than a distance equivalent to the zoning district required front yard depth. (2) Dimensional standards. Dimensional standards for back lots shall be as follows: a. Lot area shall be 150 percent of the zoning district requirement. Wetlands may be allowed as area credit for meeting the 150 percent back lot area requirement, as long as the back lot contains sufficient contiguous dry buildable land to satisfy the minimum acreage requirement of the underlying zoning district. b. Lot width measured parallel to the front or street lot line at the street yard setback line of a lakeshore back lot, or at the rear of the front yard setback line of a non- lakeshore back lot, shall meet the zoning district width requirement. The street yard or front yard for any back lot will be a yard starting where the narrow access outlot corridor ends and the lot begins. Lakeshore back lots shall meet the lot width standard at the shoreline, at the lakeshore setback line and at the street yard setback line. c. The depth of the required street yard or front yard shall be 150 percent of the zoning district front yard requirement. d. The required side yard and rear yard depths for back lots shall be 150 percent of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lot shall meet the zoning district lakeshore yard requirements. (3) Dimensional standards for front lots. A front lot created as part of a front/back lot division shall meet all zoning district area, width and setback standards; except that the required side yard of the front lot adjacent to the access outlot shall be equivalent to the side street yard requirement for that zoning district. (4) Access requirements. a. Access outlots shall be 30 feet minimum width, and shall be wide enough to accommodate drainage, snow removal and screening without encroaching on neighboring properties. b. In approving front/back lot divisions,the city may require that both front lot and back lot share a driveway access within the access outlot if the council determines that creating an additional access to the existing street will be a potential safety hazard. c. Driveways within a back lot shall be located at least ten feet from the side or rear lot lines of adjacent lots. d. No more than two residences may be served by a driveway located within an access outlot. e. No access outlot may be platted abutting an adjacent outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting city standards. (5) Screening requirements and accessory structure standards. Front/back lot subdivisions shall be designed in a manner such that the screening requirements and accessory structure standards of section 78-1370 can be met. (6) Effective date. The requirements and standards of this section shall apply only to those front/back lot divisions which received preliminary plat approval after January 1, 1994. (Code 1984, § 11.31(5); Ord. No. 122 2nd series, § 3, 12-13-1993; Ord. 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Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1645 Shadywood Road This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)isfumshedwithnowarranty of any knd, and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shall not be liablefor anydamage,injury or loss resulting from this data. For more information,contact Hennepin CountyGlS Office 300 6th S treet So uth,M i nnt e tpdis,M N 55487/g is.info@hennepin.us RUN DATE:02/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 08-117-23 33 0033 38 08-117-23 33 0059 38 17-117-23 210010 C M HARDY&M M HARDY E HAAS&B HAAS&T DORRELL GAIL C ROGERS REV TR 1579 MAPLE PL 3820 NORTH SHORE DR 1610 SHADYWOOD RD ORONO MN 55364 ORONO MN 55391 ORONO MN 55391 CAROLYN MARIE HARDY EVELYN HAAS&THOMAS DORRELL GAIL ROGERS MASON MCCORMICK HARDY 3820 NORTH SHORE DR 1610 SHADYWOOD RD 1579 MAPLE PL WAYZATA MN 55391 WAYZATA MN 55391 MOUND MN 55364 38 08-117-23 33 0034 38 08-117-23 33 0089 38 17-117-23 210011 JAMES B SMITH/LARISSA SMITH MATTHEW B&AMY B HERMAN KRISTINA M ERICSON ET AL 1587 MAPLE PL 3825 CHERRY AVE 3705 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55391 JAMES B SMITH MATTHEW B&AMY B HERMAN GAIL ROGERS LARISSA SMITH 3825 CHERRY AVE 1610 SHADYWOOD RD 1587 MAPLE PL MOUND MN 55364 WAYZATA MN 55391 MOUND MN 55364 38 08-117-23 33 0035 38 08-117-23 33 0094 38 17-117-23 21 0012 REAL ASSETS LLC CITY OF ORONO HANS DONALD ROSACKER II ETAL 1595 MAPLE PL 38 ADDRESS UNASSIGNED 1620 SHADYWOOD RD ORONO MN 55364 ORONO MN 00000 ORONO MN 55391 REAL ASSETS LLC CITY OF ORONO DON&KIM ROSACKER 550 25TH AVE N P 0 BOX 66 1620 SHADYWOOD RD ST CLOUD MN 56303 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 08-117-23 33 0048 38 08-117-23 33 0095 38 17-117-23 210013 ROGER GRANNING&WIFE B G SIMMONS&J L SIMMONS TRST AGRMNT OF DORIS E FINN 3898 NORTH SHORE DR 3860 NORTH SHORE DR 1640 SHADYWOOD RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55391 ROGER GRANNING BRETT G&JAMIE L SIMMONS DORIS ELAINE FINN 3898 NORTH SHORE DR 3860 NORTH SHORE DR 1640 SHADYWOOD RD MOUND MN 55364 MOUND MN 55364 WAYZATA MN 55391 38 08-117-23 33 0049 38 08-117-23 34 0054 38 17-117-23 21 0014 ANN W ENGLUND TRUST FRANK PLACHECKI J A KREISLER&B A KREISLER 38 ADDRESS UNASSIGNED 3685 NORTH SHORE DR 1650 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 ANN WEEKS ENGLUND FRANK PLACHECKI JERROLD&BARBARA KREISLER 3884 CHERRY AVE 3685 NORTH SHORE DR 1650 SHADYWOOD RD MOUND MN 55364 WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 33 0050 38 08-117-23 34 0061 38 17-117-23 210015 ANN W ENGLUND TRUST HENNEPIN COUNTY D R KIELLEY&A J KIELLEY 38 ADDRESS UNASSIGNED 3700 NORTH SHORE DR 1670 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 ANN WEEKS ENGLUND HENNEPIN COUNTY DONALD R&ARLENE J KIELLEY 3884 CHERRY AVE ATTN:REAL ESTATE MGR 1670 SHADYWOOD RD MOUND MN 55364 417 5TH STN SUITE 320 WAYZATA MN 55391 MINNEAPOLIS MN 55401 38 08-117-23 33 0054 38 08-117-23 34 0063 38 17-117-23 21 0016 CITY OF ORONO NANCY L BLAIR JOHN G DOLEMAN ETAL 38 ADDRESS UNASSIGNED 3768 NORTH SHORE DR 1680 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO NANCY L BLAIR JOHN G DOLEMAN P 0 BOX 66 3768 NORTH SHORE DR 1680 SHADYWOOD ROAD CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-2333 0055 38 08-117-23 34 0064 38 17-117-23 21 0017 CITY OF ORONO PAULA J JOHNSON J S LOFFLER&D D LOFFLER 38 ADDRESS UNASSIGNED 3818 NORTH SHORE DR 1690 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO PAULA J JOHNSON JAMES S&DARCY D LOFFLER P 0 BOX 66 3818 NORTH SHORE DR 9471 FOXFORD RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 CHANHASSEN MN 55317 38 08-117-23 33 0056 38 17-117-23 21 0004 38 17-117-23 21 0018 CITY OF ORONO BRIAN T ZJAWIONY ET AL JOHN P FITZPATRICK ET AL 38 ADDRESS UNASSIGNED 1675 SHADYWOOD RD 1710 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO BRIAN T ZJAWIONY JOHN&JOAN FITZPATRICK P 0 BOX 66 NIKKOLE R MEIMBRESSE 2001 SE SAILFISH POINT BLVD CRYSTAL BAY MN 55323 1675 SHADYWOOD RD #103 WAYZATA MN 55391 STUART FL 34996 38 08-117-23 33 0057 38 17-117-23 21 0005 38 17-117-23 21 0019 CITY OF ORONO LAUREEN E DARLING 1720 SHADYWOOD ROAD LLC 38 ADDRESS UNASSIGNED 1719 FAGERNESS POINT RD 1720 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO LAUREEN E DARLING 1720 SHADYWOOD ROAD LLC P 0 BOX 66 1719 EAGERNESS POINT RD 1720 SHADYWOOD RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE:02/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 17-117-23 21 0020 38 17-117-23 22 0018 38 17-117-23 22 0032 A A BIRKHOLZ&N J BIRKHOLZ D W KOHRS&C H KOHRS B H WILLIAMS/J A FESENMAIER 1740 SHADYWOOD RD 1755 CONCORDIA ST 1680 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ARLYN A BIRKHOLZ DOUG&CAROLYN KOHRS BRIAN H WILLIAMS NANCY J BIRKHOLZ 1755 CONCORDIA ST JUDY A FESENMAIER 1740 SHADYWOOD RD WAYZATA MN 55391 1680 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 21 0028 38 17-117-23 22 0021 38 17-117-23 22 0034 ARLYN A&NANCY J BIRKHOLZ JAKE'S ACRE LLC TONEY J WILLIAMS 1745 SHADYWOOD RD 1705 CONCORDIA ST 1735 FAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ARLYN A&NANCY J BIRKHOLZ STEVEN H SACHS TONEY J WILLIAMS 1740 SHADYWOOD RD 9079 PEONY LA N 3719 GEKLER LA APT 44 WAYZATA MN 55391 MAPLE GROVE MN 55311 BOISE ID 83706 38 17-117-23 21 0029 38 17-117-23 22 0022 38 17-117-23 22 0035 BARRY CARLSON/DEBBIE CARLSON T L PALM&M A PALM DAVID A BIEKER 3805 NORTH SHORE DR 1685 CONCORDIA ST 1729 FAGERNESS POINT RD ORONO MN 55364 ORONO MN 55391 ORONO MN 55391 BARRY JON CARLSON THOMAS L PALM DAVID A BIEKER DEBBIE MARIE CARLSON 1685 CONCORDIA ST 18352 MINNETONKA BLVD 3805 NORTH SHORE DR WAYZATA MN 55391 DEEPHAVEN MN 55391 MOUND MN 55364 38 17-117-23 21 0030 38 17-117-23 22 0023 38 17-117-23 22 0036 JOSEPH P LELAND/ANN M LELAND D J&D R BELAWSKI JENNIFER TVRDY 1635 SHADYWOOD RD 1695 CONCORDIA ST 1725 FAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JOSEPH P LELAND DONALD JOHN BELAWSKI JENNIFER TVRDY 1635 SHADYWOOD RD 3819 COLORADO AVE N 1725 FAGERNESS POINT RD WAYZATA MN 55391 CRYSTAL MN 55422 WAYZATA MN 55391 38 17-117-23 22 0002 38 17-117-23 22 0024 38 17-117-23 22 0037 M A&M A DOBRATZ J N GEHRING/K REINKE GEHRING L M&M J TAUBENBERGER 3865 NORTH SHORE DR 1687 CONCORDIA ST 1743 FAGERNESS POINT RD ORONO MN 55364 ORONO MN 55391 ORONO MN 55391 MARK A&MARY A DOBRATZ JOHN&KRISTIN GEHRING LEIF M TAUBENBERGER 3865 NORTH SHORE DR 1687 CONCORDIA ST 1743 FAGERNESS POINT RD MOUND MN 55364 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 22 0003 38 17-117-23 22 0027 38 17-117-23 22 0039 PATRICK O'FLANAGAN W D WOLD&S L WOLD LISA MARIE ALTON 3895 NORTH SHORE DR 1760 CONCORDIA ST 3905 NORTH SHORE DR ORONO MN 55364 ORONO MN 55391 ORONO MN 55364 PATRICK O'FLANAGAN WINTON D WOLD LISA MARIE ALTON P O BOX 223 1760 CONCORDIA ST 1635 CONCORDIA ST SPRING PARK MN 55384 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 22 0006 38 17-117-23 22 0028 38 17-117-23 22 0040 LYNN&FAITH CHRISTINE PAUL J BOZONIE LISA MARIE ALTON 38 ADDRESS UNASSIGNED 1750 CONCORDIA ST 1635 CONCORDIA ST ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 LYNN&FAITH CHRISTINE PAUL J BOZONIE LISA MARIE ALTON 3925 NORTH SHORE DR 1755 FAGERNESS POINT RD 1635 CONCORDIA ST MOUND MN 55364 ORONO MN 55391 WAYZATA MN 55391 38 17-117-23 22 0007 38 17-117-23 22 0029 38 17-117-23 22 0043 L&F CHRISTINE PAUL J BOZONIE N J TRAINOR&B L TRAINOR 3925 NORTH SHORE DR 1755 FAGERNESS POINT RD 1675 CONCORDIA ST ORONO MN 55364 ORONO MN 55391 ORONO MN 55391 LYNN R CHRISTINE PAUL J BOZONIE NEIL J&BARBARA L TRAINOR 3925 NORTH SHORE DR 1755 EAGERNESS POINT RD 1675 CONCORDIA ST MOUND MN 55364 ORONO MN 55391 WAYZATA MN 55391 38 17-117-23 22 0009 38 17-117-23 22 0030 38 17-117-23 22 0044 G C LUNDEEN&L K LUNDEEN D J BELAWSKI&D C BELAWSKI JAMES T NYSTROM 3995 NORTH SHORE DR 1740 CONCORDIA ST 1725 CONCORDIA ST ORONO MN 55364 ORONO MN 55391 ORONO MN 55391 GARY C LUNDEEN DAVID J&DAYNA C BELAWSKI JAMES T NYSTROM LINDA K LUNDEEN 1740 CONCORDIA ST 9300 73RD AVE N 3995 NORTH SHORE DR WAYZATA MN 55391 BROOKLYN PARK MN 55428 MOUND MN 55364 38 17-117-23 22 0013 38 17-117-23 22 0031 38 17-117-23 22 0045 REAL ASSETS LLC RICHARD F&KRISTIN L PALM L R FRITZ&M K FRITZ 1645 SHADYWOOD RD 1690 CONCORDIA ST 3845 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55364 REAL ASSETS LLC RICHARD F&KRISTIN L PALM LOREN&MARLENE FRITZ 550 25TH AVE 1690 CONCORDIA ST 3845 NORTH SHORE DR ST CLOUD MN 56303 WAYZATA MN 55391 MOUND MN 55364 RUN DATE:02/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:3 38 17-117-23 22 0046 GREGG STUART SUTTON 3825 NORTH SHORE DR ORONO MN 55364 GREGG STUART SUTTON 3825 NORTH SHORE DR MOUND MN 55364 38 17-117-23 22 0047 REAL ASSETS LLC 3855 NORTH SHORE DR ORONO MN 55364 REAL ASSETS LLC 550 25TH AVE N ST CLOUD MN 56303 38 17-117-23 22 0048 REAL ASSETS LLC 38 ADDRESS UNASSIGNED ORONO MN 00000 REAL ASSETS LLC 550 25TH AVE N ST CLOUD MN 56303 38 17-117-23 22 0049 GREGG STUART SUTTON 38 ADDRESS UNASSIGNED ORONO MN 00000 GREGG STUART SUTTON 3825 NORTH SHORE DR MOUND MN 55364 38 17-117-23 23 0001 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED ORONO MN 00000 HENNEPIN FORFEITED LAND NOT FOR SALE/WATER FRONT Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: 02/20/19 O Date Application Considered as Complete:02/20/19 N 60-Day Review Period Expires: 04/21/19 1,014 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator �kESHO0" From: Melanie Curtis, Planner mcc Date: 18 March 2019 Subject: #LA19-000010, Rehkamp Larson Architects o/b/o Alexander+Amy Ware, 2587 Kelley Ave, Public Hearing:Side Setback Variance+ CUP Plumbing Application Summary: The applicant is requesting to reconstruct an existing nonconforming detached garage with a larger footprint at a 4.3 foot setback where a 2.5 foot setback exists, and a 7.5 foot* setback is required.A conditional use permit to allow a bathroom with a shower/bathtub is also requested. *City Code Section 78-330(b)(1) Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is requesting a side setback variance to permit the reconstruction of an existing one-level, detached garage in a larger footprint at an improved but still substandard side yard setback. The existing 441 square foot garage is 2.5 feet from the side lot line. The applicant is proposing a 4.3 foot setback for a new 744 square foot two-story garage. A conditional use permit (CUP) is requested so that a full bathroom with shower/bathtub can be installed. The applicant's narrative describes the request in greater detail. LOT ANALYSIS WORKSHEET Section 78-350&78-1279—Accessory Building (<1,000 square foot) Setbacks: LR-1B Required Existing Proposed Rear/Street 35' ±152' ±144' North West Side 7.5' * 38' 34' South East Side 7.5' * 2.5' 4.3' Lakeshore 75' +300' +300' Average Lakeshore The improvements are well beyond the average lakeshore setback line. *78-330(b)(1)Side yard setback. For lots that are non-conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. FILE#LA19-000010 18 Mar 2019 Page 2 of 6 Section 78-350-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acre) 140' Actual 30,625 s.f. (0.7 acres) 76' at the OHWL&72' at the 75'SB Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 30,625 s.f. (0.7 acres) Allowed: 6,125 s.f. (20%) Proposed: 2,317 s.f. (7%) Section 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Proposed Overlay District Zone Hardcover Existing Hardcover Hardcover Tier 7,656 s.f. 5,296 s.f. 6,247s.f. Tier 1 30,625 s.f. (25%) (17.2%) (20.4%) Applicable Regulations: Side Yard Setback Variance (Section 78-350) The existing detached garage is situated 2.5 feet from the southeast side lot line. It is proposed to be removed and replaced with a larger detached garage with an office and exercise studio above situated 4.3 feet from the lot line, an improvement of 1.8 feet. The required setback for an accessory building less than 1,000 square feet in footprint is 7.5 feet for this property(due to the flexibility based on width). Plumbing in the Accessory Building CUP (Section 78-328(7)) The proposed detached garage with recreation space is permitted,the applicant's request to install a bathroom with full bathing facilities requires a CUP. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: FILE#LA19-000010 18 Mar 2019 Page 3 of 6 1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested side yard setback variance is in harmony with the Ordinance as the proposed garage backs up to the neighbor's detached garage and the applicant proposes a drain tile to manage storm water between the buildings.The neighbors have stated that they will not be impacted by the proposed improvements. 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for construction of an accessory building/garage in addition to the existing single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of building within the side yard setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the homes' orientations and locations separate the building from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; the location of the existing garage to be replaced,width of the lot,access to the proposed garage, the orientation and location of the neighboring homes, and the existing topography are conditions not created by the landowner;and c. The variance will not alter the essential character of the locality. It does not appear that the requested setback variance for the detached garage will adversely impact the adjacent property owners or alter the character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential garage with office space is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the existing garage, the access easement on the northwest side of the property, the orientation and location of the neighboring homes, width of the property, the topography and access to the garage are unique conditions affecting the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing garage, the orientation and location of the neighboring homes, the property width, the topography and access to the garage are unique conditions affecting the subject property. FILE#LA19-000010 18 Mar 2019 Page 4 of 6 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states that the variance is necessary to preserve their right to improve their property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application of the setback requirements in conjunction with lot's width and topography limit the options for locating a conforming building; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing garage, the orientation and location of the neighboring homes, width of the property, the topography and access to the garage. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation:Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan;The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed detached garage improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police,fire, roads, and stormwater management;The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by City sewer and water.Staff believes this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed detached garage with office/recreation space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The detached garage with office and recreation space including plumbing is residential in visual character and is expected to be compatible with the surrounding area. FILE#LA19-000010 18 Mar 2019 Page 5 of 6 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed detached garage with plumbing is expected to be residential in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the detached garage with office space which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The detached garage will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be screened somewhat by existing detached garage on the property to the east,vegetation and the physical separation. In the opinion of staff, additional screening or buffering will not be required. 11) Not create a nuisance which generates smoke, noise,glare, vibration, odors,fumes, dust, electrical interference,general unsightliness, or other means; The proposed detached garage with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; It is anticipated that the proposed detached garage with plumbing will not generate any of these undesirable issues. 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The proposed detached garage with plumbing has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. 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. 2. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The accessory building is conforming in location, size and height. 4. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. FILE#LA19-000010 18 Mar2019 Page 6 of 6 Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Public Comments Public comments have been received and are attached as Exhibit K. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variance subject to conformance with the Building Official's attached comments, the Building Code, and the requirements of City Engineer at the time of building permit review. Regarding the CUP for plumbing, Staff recommends approval conditioned upon the property owners' agreement 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. List of Exhibits Exhibit A. Application Summary& Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Landscape Plan Exhibit F. Proposed Plans & Elevations Exhibit G. Site Photos Exhibit H. Aerial Photos Exhibit I. Submitted Hardcover Calculations Exhibit J. MCWD Comments Exhibit K. Neighbor Comments Exhibit L. Building Official Comments Exhibit M. Property Owners List Exhibit N. Plat Map Land Use Application Summary Application Date: 02/20/2019 Address: 2587 KELLY AVE EXCELSIOR,MN 55331 Parcel Number: 2011723140021 Land Use Number: LA19-000010 Application Submitted By: Agent on behalf of property owner Owner: Name: ALEXANDER H WARE Address:AMY S WARE 4403 COUNTRY CLUB RD EDINA,MN 55424 Applicant: Name: Sarah Nymo Address: 2732 W.43rd St Minneapolis,MN 55410 sarah@rehkamplarson.com Contact Information: Associated Contact: Sarah Nymo sarah@rehkamplarson.com Associated Contact:ALEXANDER H WARE Associated Contact: Todd Irvine Todd@kslandarch.com Associated Contact: Project Description: Detached Garage&Studio-Variance&CUP Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application ;1 Applicant Signature: February 20, 2019 Ware Variance Application — Project Narrative Property Address: 2587 Kelly Ave Orono, MN 55331 Submitted by Alex and Amy Ware along with Rehkamp Larson Architects The proposed detached garage and studio at 2587 Kelly Ave seeks a variance for three reasons; a variance to rebuilt an accessory building in the location of an existing non-conforming garage, a variance to locate plumbing within a non-conforming accessory structure, and a variance for a conditional use permit to locate a shower within the accessory structure.The need for the new accessory building is two-fold; the existing garage is structurally unsafe and the homeowners' desire to maintain the charm and scale of the primary structure, a lake cottage built in 1900. The existing garage is in disrepair, and is structurally unsafe. Due to the hydrostatic pressure of the surrounding soil,the southwest garage wall is failing, rending the garage unusable for any storage of value.The proposed accessory building would address site drainage through grading and drain tile to ensure longevity of the structure.The existing garage has a footprint of approximately 440 s.f. (20.2'x 21.8') and has a non-conforming side yard setback of 2.5'.The proposed garage has a modest footprint of 744 s.f. (31' x 24'), sized to park two cars and provide storage for lawn equipment and the family kayak. The back wall (SE) of the proposed garage would align with the back wall of the existing garage, thus located 2.5'from the property line. Due to the topography of the site and an existing ingress/egress travel easement with the adjacent property, rebuilding the garage in the existing location is logical.The parcel contains a pond in the front yard, rendering the front half of the lot unbuildable.The proposed garage location provides additional driveway beyond the easement boundary, necessary to maintain statutes of travel easement.The proposed garage is adjacent to neighbor's detached voluminous garage, concentrating building bulk across the two properties.Additionally,the location of the proposed garage preserves connectivity to the front of lot and does not block the view of the quaint lake cottage, maintaining the charm of the locality. The primary structure on the site is a charming 900 s.f. cottage built in 1900. The homeowners wish to maintain the integrity of the turn of the century cottage, but would like a little extra space when the family is at the lake.The existing cottage has only one full bath; the proposed accessory building would give the family additional showers for the family to use after a day out on the lake. Rather than add space onto the primary cottage,the proposed accessory building offers conditioned flexible space nestled within the roof structure.The volume of the detached garage and studio is sensible and diminutive, keeping inline with the character of the primary structure. Due to the topography of the site, the studio space is accessed from the lawn area shared with the primary structure. The goals of safe storage and additional conditioned space are attained with the granting of this variance.Thank you for your consideration. PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000010 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The homeowner requests the rebuilding of an existing dilapidated detached garage. The existing garage is located within the allowed side yard setback at a distance of 2.5? from the property line, per zoning code the existing side yard setback is 10?-0?. The existing garage has a footprint of 440.36 s.f. (20.2? x 21.8?). The proposed garage has a footprint of 744 s.f. (31? x 24?). The back wall (SE) of the proposed garage would align with existing garage, thus located 2.5? from the property line. In addition to the request for side yard setback, the applicant is seeking a CUP to locate a shower in the studio space of the detached garage. The primary structure on the site is a charming 900 s.f. cottage built in 1900. The homeowners wish to maintain the charm and scale of the original cottage, and thus rather than add onto the cottage they propose to add much needed ancillary space above the garage. In addition to parking for two cars and modest storage, the proposed detached garage has conditioned space above the parking to allow for additional flexible space for the family to use as home office and exercise spaces. The primary structure has only one full bathroom, the additional full baths provide extra room for the family to clean up after a day on the lake. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Due to the topography of the site and original cottage siting, a detached garage is sensible. The parcel contains a pond in the front yard, rendering the front half of the lot unbuildable. An ingress and egress easement with adjacent neighbor prohibit building on a good portion of the lot. This easement was agreed upon by the former property owner and is maintained with proposed garage location. The proposed garage location provides additional driveway beyond the easement boundary, necessary to maintain statutes of travel easement. Additionally, the location of the proposed garage maintains connectivity to front of lot and does not block the view of the quaint lake cottage. 3. The variance, if granted,will not alter the essential character of the locality. Response: If granted the variance will enhance the character of the locality. The proposed garage complements the cottage, but does not outshine it. The garage location does not block the view of the cottage and replaces a derelict garage that is unsafe and an eyesore. The footprint of the garage is purposefully compact at 744 s.f., as to not overscale the primary cottage structure. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The homeowners are committed to maintaining the original turn of the century cottage, a housing stock that is often sacrificed due to high lake property values. The homeowner chooses to invest in the integrity of the property rather than tear down the cottage and build new. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116].06, Subd. 2, when in harmony with this Chapter. Response: The practical difficulties of the site are the topography, the travel easement, the front yard pond, and the desire to maintain primary cottage. The proposed garage location occupies the location of the existing garage and provides much needed additional space for parking cars, storage, and secondary conditioned space. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: All proposed uses are allowed under the LR-1B One Family Lakeshore Residential zone in which the property is located. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The desire to maintain scale of quaint cottage, built in 1900, site conditions (topography and pond), and existing easement are the principal factors in seeking the variance and are unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The combination of turn of the century cottage, topography of the site, and travel easement make this a unique request. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The rebuilding of the dilapidated garage with ample room for two cars, storage, and functional space above the garage preserve the size and scale of the primary structure (original cottage), while providing much needed space for modern living. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The dilapidated garage needs to be rebuilt, as it stands it is unsafe. Granting of variance will improve safety on the property. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: The existing garage is a safety hazard, rebuilding the garage to accommodate much needed storage and additional facilities is logical in the long-term preservation of the turn of the century lakeside cottage. Existing •s CERTIFICATE OF SURVEY FOR ALEXANDER H. WARE IN LOT 4, BLOCK 5,TOWNSITE OF LANGDON PARK HENNEPIN COUNTY, MINNESOTA \\ .4—• -Cli...‘ \, I � � i V \ AV / ,u \I \ / �'a i \ °w5, \ , \ C H \ \\ N 1 v 1 \\ \ \ 1 11 \ \ \\i //\, \` \ R \ \I \ \ \ /^, \\ d �/ YI ,\ \ \ .11 /eo j% i \\ V i \ ) II \\ \J8\ II \ 1) j \1 g /\E\,��t l/ , / £�4 a " / i Ii I ll' , 2--,..\;!,/ _`v V vv> v \ � / v H / / \m Lary oIl nNG 'vv v USE / Z 1 '4 Le A ' s \ y V Ven11fv —\\ \ s- '� ® vP'F,\ / \ v A \ v C v 1 y` / � vv v ,Vv \ vvV , ,� ''' / A V y V vvv ` v vv v yS .tip \ v v v v v v v iiil '�e / vyv) vvvv / / v/ °L\ v / \ \ , ,,,v \\ �A � I __— 7/ \\\A\ \V 1 A \ V \ ' l',-( "71'\ V 1 A�'1 II �I \\\\\\\V ' 1 \ .- A A \ \ \ \\\ \ t \ \ ( �� I C I V � vt 1 �( i' EXISTING V A \ �.o T' \ V 1 Irl I\ \\` \\ C I \I \ X 1' HOUn.5S v \\ -f ‘ v y =4..°7 \\I vv A \ 1 A vv v \�\\\ \ \ \:�'+ i K I \ \ \\/ \\\ \ -7, \ a I \ \ \\ 9294 \\ INE\ I \ C \ \ \\ CONTOUR I 1 I \ \ \ \ \ LINE(OHW) \\ 1 I 1\ \ \\ \ '- Dsa,THTO l _ FLOODD E'LEV. _1\�11\\ \\\ _ .._. _ \ �\ /\\ \\ / / / 1 -. L \. \-\ 19 _r \ 1 , \ N \ \ SON TNE ADJOINING JOR N PURPOSES ! \\ I \ \ \ IN FAVOR OF THIS LOT TO THE NORTHWEST AND WAS NOT SHOWN ON THIS SURVEY. \ II \. \ \ \ \\'',''')\ • \\ ,p`\\ \ ' \ \ LEGAL DESCRIPTION OF PREMISES- .awM Hzn Al LA s.GNAT S.TOWNSIE OF LANOOON ERAS NWYp mpmll WGIBE>r roH oI D.SI A're„o.. LAKE MINNETONKA 0,. 20 .. ..� SCALE IN FEET REVISIONS 'ESICNELP1°".P. a NIX MAR, da,�e,,,e„, DATE REMARKS °� � GRONBERG&ASSOCIATES, INC. �romu CIVIL ENGINEERS,LAND SURVEYORS,KE, PLANNERS 1 25,n e419 sDo 445 N.WILLOW DRIVE LONG LAKE,MN 55356 PHONE:952-473-4141 FAX:952-473-4435 Proposed CERTIFICATE OF SURVEY FOR ALEXANDER H. WARE i IN LOT 4, BLOCK 5,TOWNSITE OF LANGDON PARK C, HENNEPIN COUNTY, MINNESOTA �'" vSLACKrOP v \ DIZI IC) \ -` \ 87— o�= ,v (/` \ I �C4 i '\ ✓ROPOSEO V� ) \\oz's 10\ \ .�� \\ I C)� I / 45 %/ yyy...�;;;(c.-o/J// I \ \ \\ I \A) {/ —K,t, mK.,Y/ PROPOSED fve"� Iv `.:,,,X v 1 v vv —^— ,i\ \\ Ai —/�K c7/ \/ i6/i \ ` \\ \ \\ \\\\ 0q jam/ . fi '':2r (S) /� / A, GARAGE V v vv v \ , yv ' ;' '0/ /" i V v \ I y ''v ,y � PROPOSED�1, / 1 \ it \ /, , i\ \ I / \ CHANGES j v yvO 1 1. v DETAIL ✓ — \ 13<�P> / % it s 1" = 10' SCALE \ I' I P / ' y$./ / '•I� --7, v v\ 0 \,.. II �v / i v \\\\ EXISTING NWa7° . To"n \ \ \AVERAGE 8L0G. _ �\ \ \ \SETIi(.CKLNE - A\ \\�2'\ �✓ EZST NG �e1\;,,,' \� N ti \ \ \ \ \S\ \ \\ ' HOUSE / \ \ \ /\ \ ascan ' \ / / \ \\\\‘‘ vA Av Av IA Al . A I, v 0 20 40 80 \ / \ \`,\\‘‘\, v v v \_ :V v v, vv ,w�h t:I I \ Zn.,,, 0 V0 vv a �;I, I) EXISTING SCALE IN FEET .� \ v��v\ V \ " V 1 � A OUSE i \ \ \\ I i\ 1 i 1'O( \ ,\ I \ ., I 1 A v v v v v E�..o \ A v v \ \ i ✓ v v v v A v P.a,, \\ \gU VE0 � 9 I 11 \\ \\\\. \\'N \\\ \\ 929,CONTOUR \ \\\\dNIV, ,62ouF\ . I\ II I \\ \\ \ `\ \ \\ LINE(DHW) \` '1\\ \ \\\\' . 1\ \\ \, \\ \\\ \ `\\\N\ .\.\ co.,. 100 YEAR -.\—\\ \ \ \\ r.._-1 _/1\ \ `\ 1 \ S'... \. FLOOD ELEV. \I 1V -\ �' \ /� NOTE AN N \ I NOTE-.AN i FOR INN 00 THENOEGRESS PURPOSES \II \, \, \ \ \ THWEST LOT N THE O NT PROPERTY \ 1 \ \ /SNOT SHOWN ON THIS SURVEY. 1't - \ 1 S`"'`\ LEGAL DESCRIPTION OF PREMISES \ TOR SPUR.,MM,Nw a LAO 80005,TOWNSITE OF UNGODN PARK \ including sclwcent vacated 34 Net of MIK 0451,111. LAKE ..-D . g.AM MINNETONKA NOW 11.p�,,,does not 305,.1opeend thus Anot.Muff Ties away Plenes to stow.,Ne2.esofMe*0..a.oe..PRP.KY Ihe kcal. atieng of 511 Wow.Own* Tar.*W , N0.1 ,W shop DATE REVISIONS +N.ttry cacott Y w NN Owl amok., noon— wed a�.ac m,dLNRo: . ,aT— GRONBERG&ASSOCIATES,INC.LANDrAFFa.wFO �I.w.o/tle sla�iewMim.wa.svFeYau o = CIVIL ENGINEERS, ND SURVEYORS,LAND PLANNERS 74.,•-/.0•': wow 445 N.WILLOW DRIVE LONG LAKE,MN 55356 ""'°""'¢'woo-Kw .an, PHONE:952-473-4141 FAX:952-473-4435 .7. ''''. .'''-- • g h rl /- IT NI • I 1111 , F d f y di ya 4,..-.-.--.. vprouo ..I g iib I1411 1 \ 3a , I i \\ 1 ,�yigg \ �! �H �, I „\ ie 5. • \ .'-' .i/ \\ 1 Fig FY,Y ,x s. cs °-`• 1;/ i' i _ai zI 11 i ;'4 4IF. i� ' p / /� xe - i11. bpi // � "r ``� f li';`Ii WARE RESIDENCE �" l� ! -- ? p $g �►I g il,��i 2587 Kelly Avenue s-l�< �� rill) Orono,MN 55331 2 `�1�i Z` if,,,,, ,mom $ "� a=..., x $tax K _! ProposedGarage&Studio 4,� mr Existing 900 s.f.'Cottage i q . : w ' '' ' - ' .....,, ., , .., .-... r .: ,. gB Shared Driveway ; I (Easement) s I I Property Lin - u µ ,, .__ `k '_ tie- r .,. ., ,..._ e'�wx:.. ''-4-.0.-k',-,-,,.. : Note: Proposed location of Garage&Studio maintains view of Primary structure ,.- e; ® a° 4i:'* z �' Ai"i� � g`.�" g.iPy '' ',,,,,,.10,,'-4,344,41,--,::„11, !'f r ,� . .�xjaRs :< ,1' k, € v sw x't r ` 4' -7 liS"� R x cqa ,ma "a a > a ' r2'--''s-i,,,,1"-,";44-"'.7"- 1 1110";� � � �I■oil � IIS g"�, -"� , r '' rs. -N ,� .7.74-7. S :a �r v� ..i _ -„, Cf baa Shared Driveway:';11. rt (Easement) ger x Note: Siding and trim details to match Primary structure Neighbor's existing retaining wall not shown ' .; .,..,-_& Y m 1r a ., tib'? 4 44,4441t \1014.4 -444444'. EtingShed,44 444-444 xis • ,.ILlll_JIL _II .$ffi I�JII___Ill_ll ��\ r E t. . Fl <:'..44:74,4;;;,‘ "'Yi ,,,,,e,;,-,.. .,:-..,,,,,-;,,,,;,.. LL . .mss ®EMiiLiiiii' ln. ii. 4 Es ' 4R ; - : art viF yuF -;.!''''.,'„..,,',7,-;i,...=;-. Edge of, aeme #`; < Me, u t ,'jy_ -_ ,4 . � ''''."1.141.41." . 4.: " Shared Driveway" # (Easement) • ; Neighbor's Garage Existing Shed Niro , e . m a wggs nft !• 1li / 01 =, • I's' t -e' . s r ,e u _ a - A q ' fie{ ti - i zon oz5 CSN x�+ a x z mLL gP� a m xm� �Nr d 0rz ( BYO *r qo PMERPPASEAPPLICATION PROJECT Nuunet ISPle PATE FM 20 201P WARE GARAGE/ STUDIO 2587 KELLY AVENUE ORONO,MN 55331 0 I- U H 2 0 O U 0 O LL 0 2 2 / ;/\ 1 u —- o� wz. r2 t1"7 IC I / i''O, \--- .__:././ /4r,, -1 b, QQ N B 1(\®,) ` \��'\ \ <� V Se's.I�N ' .._ A f 3 N li' N ,g IVLw;, l /_ 4; ® /INRRQ 2 /r' IHS' I TN EXISTING �© /11.9.? ?..(',.to4 Y HOUSE V, ate. � N e i c ,7 ,,1 1 :1J46° AVERGAE BLDG. - \ r'�' alp II n€:' 4s -' ' '1'' 7- SETBACK VARIANCE\.�'' EXISTING '''''‘O'''' / SETBACK LINE Y h HOUSE f• y/ 'a a f+ ISI Stl/ ' APPLICATION \ \ ''III d2- I 16035 ' I 20NING SUMMARY .w.ry za.m,s \ \\:r�� \/ ' �'' 1 ' JZONING DISTRICT: sroauw..rER au uasHCRE REEIDRTIAL I IGRE umvloW SEER V NN �N c 0: ' LO T COVERAGE TOTAL LOT AREA.30.025 S F. EAST..TOTAL COVERED AREA E296 E.E. ry.oc ZRosR0'\ // ACCESSORY R EF\ 9 NT L °Po.E.G,., EARLY 2010, a ACH \ ;' 1 EXISTING HOUSE R° I PRINCIPLE 57RUCTURE.10,a� \ O,7 ` .o I '�,�ti ,\y�, of\ , ri .A- Ix sR[olAGawu ' ::: I ti p 1 r ?" I co =� y 0 Ito , Nittle, .,,,..;--- - r 1 p p \ I N1 � IN Y :� Iia a O \\ � >�, N _� ,_T 11, a.z , (---- ---- s\ \ , ,f, ,,_ NOT FOR CON�TRU�710N N. I �\ ✓-,. \ 1`^s° .I ,n I D s E ° 'a 2E? � Ware Studio/Garage REHKAMP LARSON ARCHITECTS INC. ` �'" �- 2587 Kelly Ave 2732 West 43rd Street Mpls,MN 55410 ' 18 Orono,MN 55331 Tel.612-285-7275 Fax 612-285-7274 i O `,..• ' ,,,` .,. ,\\),...„ ,, (4.) ,:::- .,,, --,,. , A330 , •._. _ / I R \,.,..\:-Y`\\ \ — i I w O•C -w• ., ' -17 o \ I-[ 7° i e" --- ,\.0'• 0 I I , up I -1 1 I ',.., r 1 a ' 11/4,ii.' ,,,.., , - ,---- --; - P 1- s , i\ 4 m ---. I m q \ \ \ \ , \ 1 ‘,2§ '''-..- ''.AT .\\\\\ \ \ • •‘' C', 2.' ' , ft \ \ l' \ ' --; '\ \ 1, ' •‘ ,)o-, i p., * \ i cb 2..i.•'16 OP OA ! \ 1^'-"' ,, ---.."..1111111101SI ,\\:-...., .....1111•1 1). ', Q moll , 11%41 IM . \,,,,, \• ---- _,„ ,- I , 1 H \ \ \ \ N L...._1 I, ,4 UI 1 - ,..,-.4,,,/ <\ n --> I ) , -,.. a. Iri II I II n'c. 0 ' .1v4 Lia A ' EARN I -)\'''' 1) — i 1 4- i 4 Iti'• \(-) E.. i• ids A I , _ rn z D. _,.._ C) 33 il u) ..0 0 0 rn o z 1 1 zMI gii > > . .c) -\ f . it" lb) 00 U) -u )3 ----------NIO NOT-FOR CO TRUb N Le. e. ‘ 41 \ . trr-)Y24----LC3 CD 0 I 07 (f) m irn (J) I Ware Studio/Garage REHKAMP LARSON ARCHITECTS INC. V 2587 Kelly Ave 2732 West 43rd Street,Mpls,MN 55410 Z Orono MN 55331 ; > i F 5 t< t :01 Tel 612-285-7275 Fax 612-285-7274 cr ' >0 i • • • R i, iL.____ t----l' ii € , ii-1 .1.1iL., ,, ,�I€ 1 i ii._ ,[[.., ,E1 1,1 „ 1 :i, .,,,r, a1CIZ iP El MITI _ , R_ 1\ O ! I© 1 . 1_ ,, 1.I®I t.- wimiih '1 R I � �ri it-- •I IEEI ii I ®I. 11 I 11 il h - 11 ,, 'I kI / ' , . I Il'' II o SII i\ if _ \ m i31 Ilo i Haz t ").v NOT FOR CONSTRUCTION REHm y4' a "a Ware Studio/Garage 2732 We P LARSON ARCHITECTS INC. E ` ` ,x1 �'� m 2587 Kelly Ave 2732 West Street,Mpls,MN 55410 'v a Orono,MN 55331 Tel.612-285-7275 Fax.612-285-7274 m O meq; _ dielle w., r , Ail r 1 • w F r ' 4 j/ : , ; terS ».,F ter-.... . ti - ., r + L "'s`' ,..pit.: --.,---04- .r• , IP „,. — ,mo il k .# w �.ar F ir '� t !' `v.10 _ 4......,„ _ stm:' -! •* .'" %‘:^i , ,� , .. , 1 x� Y ray= ,. + rata, �+- p ..,. :.`-.,. .. • �.. M- 4- =r,`, ... , .:. ...". ,,.";•.; '1* ',...!.•'''' ''',ii, ,' i'%i"-',"4,,r''''.''''' N.,':',J.,"" ;!!'d'''-...i4d4='.'='•ki,t.••`';':-' ' ' . ' ' '' . 7 ' c 1 . ... . le-.. �`' ;e a 4 • • .. . . .. •... . . .",,:.;.''.-.;,,, . hY r „..., „,• , .......................,,„,,„„,„,,,........ - , . . .. ..__. .._. ........__...... . .-,-'4,.:'''' N ..„..... ...., .......... . __ 1 ... . , , : :, .......... . ..,,,,.-..„.„7,,,,,,-,„,..,,.„,, . , ,... _ ia. i,... t;,,,..„,.. 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'"fie� y.,; �• '�' . - M�«« py1,pM�5 ,B 'b' "f e.l a 2:a''"` _ may: a •m +rr g i .., �' , okil , ;rte , . -. .e r , s .. -., w • _; „, r• -, r:, - w _ ' 'h :•rs. mow. 4• . '' • , - ce .. s;;) Map 4Ty § Existing garage ` ,, ' w r '_ r , - r o 4". \�\ / F' . ‘i'l m Y E. A '.,,''',?4'1;;; Y3 j r`+.. "44.'f. , •4 . . c.,,,,:r9`. • �; " p , r. may` }' .. f .f I' F �''> 4 i *Ili, 5t _ + s 1, whumetry `�". • Existing Garage + `," • 410 e 4\S5 loft City of Orono �oNo Hardcover Calculation Worksheet `� Property Address: 2587 kE40.- A✓E. c4-)ARE) `'rFSMo0' Prepared by: Date: GizorveERfroc/A 7 5,/rvc, Stormwater Quality Overlay District Tier: (Circle one) fte2D Tier 2 Tier 3 Tier 4 Tier 5 Step 1:VRTING_HARDCOVEFP In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Survey Hardcover Item(Describe) Length x Width (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A //au1[ /VR.7 S.F. B GARAGE yY/ S.F. C Det/f/Fm.4J.(Y _ 2//3 S.F. /4-1A .k y$.3 S.F. E QFPks /2O ,' sly 65j S.F. F COIVC, (`c.A8 / 0 S.F. G RFrAi,vd,(vC rr,A44S /8>< 20 :98 38 S.F. H CO/vC. iv 40 '/7 S.F. TNED 6 S.F. �.C(Ck BoROEK 5 S.F. K S.F. L S.F. • M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 53 3 y S.F. Excludable Hardcover(See City Code Sec 78-1684): G A rAiit,/et/G '1A64J 18 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 3$ S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] (4) Total Lot Area 625" S.F. Proposed Hardcover Percentage ((3)+(4)J /7. 2 9 % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 City of Orono tiii,4 Hardcover Calculation Worksheet z Property Address: 2 587 /<ELCY tc AVE . (lc111RF) 'kESHO� Prepared by. Date: GA GivBf2G fiQS10C/ATFL! /.c ( , 2 -/ 9-/9 Stormwater Quality Overlay District Tier: (Circle one) Crier) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Survey Total (Square Feet) (Example) (Garage) 124'x 30') (720 S.F.) A ./c'ce1 f ! Ex/rr-,.vc) / ,,y 7 S.F. B —6--A AA66 1r �T•t :dr or toi o) --4,'// S.F. C 4A t1/ c, ',iY 4f (i.//3_ 9YL�i -GEtFLrIU, p1= ZC!/ 9 S.F. E /Jerk D S 0Y53 - /3�B 6" AEdrovra) 3.23 S.F. F C. t 4fZc /20 1-53 cf 6 5Y S.F. I. fraAFmoL4 2 -fig- S.F. G i. /N '2.0 ,_..,e ro o f At Sce 4'0 S.F. H /. ,_C7¢ e6 AC141a i-a) -its- S.F. I SNED 0., J Wit rC: �4 ;teC4 ?' 5 S.F. S.F. K ,pRaPaird fr•ARA GE L pAC/Pi/FO Q,cr c 7y5' S.F. /5'o S.F. M /.tOPOTCO Do[ < 4/Q S.F. N //Opolro ire,A;kJ J-ro,/c5 /8 S.F. 0 /,taPOl,^Q 4tIALk tfTr1'J _ !Y2 S.F. P A.Gf?G4'1 _trait,C Od t/FB$ 8`7 S.F. Q At'c/PTEA A.rPX44r D_Ai Lic sf7 7 S.F. R /np,40rci0 40ilifit S 25' S.F. S //G1f/IGd /Fri/A//.-/c 4(/i CS T _ !3 S S.F. S.F. U v _ S.F. W S.F. x S.F. S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 6.3RZ S.F. Excludable Hardcover(See City Code Sec 78-16842: 5 Alt&p o'J'6.r9 A Fp4tA.,/4'G" 1.4111.LS _ ! 35- S.F. S.F._ S.F. S.F. S.F. (2) Total Excludable Hardcover 43.5' S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)1 6-2/7 S.F. (4) Total Lot Area 30, 6Z 5 S.F. Proposed Hardcover Percentage [(3)+(4)] 2 t7.y0 % Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 19 Sarah Nymo From: Will Roach <wroach@minnehahacreek.org> Sent: Tuesday, February 19, 2019 11:33 AM To: Todd@kslandarch.com; Sarah Nymo Cc: Melanie Curtis; Christine Mattson (Orono) Subject: RE: 2587 Kelly Ave Attachments: 2019.02.13_Ware Garage and Studio Proposed Site Plan.pdf;Ware Survey_Updated from S u rveyo r_20181019.p d f Todd and Sarah, After review of the proposed survey it has been determined that the proposed project would not require a permit from the MCWD, if you have any further questions or concerns feel free to contact me. Thank You, Will Roach Permitting Assistant Minnehaha Creek Watershed District 15320 Minnetonka Blvd, Minnetonka, MN 55345 Direct: 952-641-4580 • MINNEHAHA CREEK WATERSHED DISTRICT From:Todd@kslandarch.com [mailto:todd@kslandarch.com] Sent: Friday, February 15, 2019 10:02 AM To: Sarah Nymo<sarah@rehkamplarson.com> Cc: Will Roach <wroach@minnehahacreek.org> Subject: Re: 2587 Kelly Ave Sarah is correct the 2667 sf of driveway is total finished square footage of proposed driveway. Existing plus proposed. Thanks, Todd Irvine 612-328-2562 On Feb 15, 2019, at 7:57 AM, Sarah Nymo<sarah@rehkamplarson.com>wrote: Hi Will, Thanks for your follow up.The landscape architect,Todd Irvine is cc'd on this email- he has coordinated with surveyor for hardcover calculations and can weigh in if needed.The 2667 s.f is the total coverage of 1 the driveway(existing driveway is 2113 s.f., the proposed detached garage adds 554 s.f. of driveway). There would be minimal excavation needed for project, under 1000 s.f.for the frost footings for the garage.Also note,there is an existing detached garage that this garage is replacing.The existing garage is structurally failing and is unusable. Please let me know if you have any questions. Sarah Sarah Nymo, AIA Architect I Associate REHKAMP LARSON ARCHITECTS office: 612-285-7275 direct: 612-261-2590 Follow us:www.rehkamplarson.com I www.instagram.com/rehkamplarsonarchitects From:Will Roach <wroach@minnehahacreek.org> Sent: Friday, February 15, 2019 9:38 AM To: Sarah Nymo<sarah@rehkamplarson.com> Subject: Re: 2587 Kelly Ave Good Morning Sarah, I just had a few questions after reviewing the survey for the proposed garage/studio. • On the proposed hard cover calculations you have 2677 square feet for'driveway with addition' would this be the sf of the entire driveway or just the area of new asphalt shown on the survey? • Also wondering if you know what the amount of excavation or fill in cubic yards for this project would be (if any) Thank You, Will Roach Permitting Assistant Minnehaha Creek Watershed District 15320 Minnetonka Blvd, Minnetonka, MN 55345 Direct: 952-641-4580 <image001.png> 2 From: Scott Wine To: Melanie Curtis Subject: Ware Garage Remodel Date: Thursday,February 21,2019 8:05:33 AM Melanie— I hope this note finds you well and enjoying all of this snow. It certainly is good from a Polaris perspective! I am writing to let you (and the Planning Commission) know that Alex Ware has shared with us their plans to remodel their garage that is adjacent to our lot, and we are fully supportive. The new structure will impact our views at all and will likely improve our property value with a more aesthetic and useful garage. Best regards, Scott Scott W.Wine scott.wine@polaris.com CONFIDENTIAL: The information contained in this email communication is confidential information intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return email and destroy all copies of this communication, including all attachments. From: Roger Peitso To: Melanie Curtis Subject: RE:Grading Review-LA19-000010/2587 Kelly Ave Date: Tuesday,March 12,2019 10:17:30 AM Melanie, These are my comments for the documents provided: 1. The roof overhangs extending more than 1.3 feet towards the property line the soffits shall be constructed with 5/8"Type X gypsum board on the underside with no openings in the soffit. 2. If any floor drains are used the garage or studio portion of the building they shall be tied into the building sewer per the Plumbing Code. 3. Ramp provided to deck and shall not exceed 1:12 slope. 4. Door for main entry to studio shall not be less than 3'0" in width. Thanks, Roger From: Melanie Curtis Sent:Wednesday, March 06, 2019 3:18 PM To: Roger Peitso<rpeitso@ci.orono.mn.us> Subject: FW: Grading Review- LA19-000010/2587 Kelly Ave At your earliest convenience, please provide written comments to me on this project(see attached). It will be on the planning commission's March 18th agenda. Melanie Curtis r 952.249.4627 ®mcurtiscaci.orono.mn.us All permitting is now done through our new online portal - LINK. RUN DATE:02/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 110007 38 20-117-23 11 0047 38 20-117-23 14 0021 INTRNATL MINISTERIAL FELSHIP MARTHA K BREITER LILJA TRUST A H WARE&A S WARE 2560 KELLY AVE 3257 SHADYWOOD CIR 2587 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 INTRNATL MINISTERIAL FELSHIP MARTHA K BREITER LILJA ALEXANDER H WARE 2477 SHADYWOOD RD 21955 MINNETONKA BLVD #3 AMY S WARE ORONO MN 55331 GREENWOOD MN 55331 4403 COUNTRY CLUB RD EDINA MN 55424 38 20-117-23 11 0021 38 20-117-23 11 0048 38 20-117-23 14 0022 JAMES T WILSON STEVEN P LATTU REVOCABLE TR J S WINE&S W WINE TRUSTEES 2565 LYDIARD AVE 3265 SHADYWOOD CIR 2605 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JAMES T WILSON STEVEN P LATTU REVOCABLE TR JILL S WINE TRUST 2565 LYDIARD AVE 11868 VIA SALERNO WAY 2605 KELLY AVE EXCELSIOR MN 55331 MIROMAR LAKES FL 33913 EXCELSIOR MN 55331 38 20-117-23 11 0022 38 20-117-23 11 0049 38 20-117-23 14 0025 KENNETH G HEIMBACH JR CASCO VENTURES LLC J W EUGSTER&C M EUGSTER 2525 KELLY AVE 38 ADDRESS UNASSIGNED 2655 KELLY AVE ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 KENNETH G HEIMBACH JR CASCO VENTURES LLC JACK EUGSTER/CAROL M EUGSTER 18505 5TH AVE N 16192 STATE HWY NO 7 2655 KELLY AVE PLYMOUTH MN 55447 MINNETONKA MN 55345 EXCELSIOR MN 55331 38 20-117-23 11 0023 38 20-117-23 12 0039 38 20-117-23 14 0026 R H PONZETTI&B A PONZETTI DRK FAMILY ASSOCIATES LLC ELLEN REDMOND REVOC TRUST 2545 KELLY AVE 2523 KELLY AVE 2625 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 ROBERT H/BARBARA A PONZETTI DRK FAMILY ASSOCIATES LLC ELLEN REDMOND REVOC TRUST 2545 KELLY AVE C/O BEN SACHS MN DVSFD PRDCT 2625 KELLY AVE EXCELSIOR MN 55331 9091 CO RD NO 50 EXCELSIOR MN 55331 ROCKFORD MN 55373 38 20-117-23 11 0027 38 20-117-23 14 0001 INTL MINISTERIAL FELLOWSHIP BONNIE J LERVIK 2477 SHADYWOOD RD 2605 LYDIARD CIR ORONO MN 55331 ORONO MN 55331 INTL MINISTERIAL FELLOWSHIP BONNIE J LERVIK P O BOX 100 2605 LYDIARD CIR NAVARRE MN 55392 EXCELSIOR MN 55331 38 20-117-23 11 0032 38 20-117-23 14 0002 DELANEY FAMILY LLC KAREN J O'MALLEY 38 ADDRESS UNASSIGNED 2615 LYDIARD CIR ORONO MN 00000 ORONO MN 55331 DELANEY FAMILY LLC KAREN J O'MALLEY PO BOX 721 2615 LYDIARD CIR LONG LAKE MN 55356 EXCELSIOR MN 55331 38 20-117-23 11 0040 38 20-117-23 14 0006 NSCALE PROPERTIES LLC J R&S L VOLKMAR TRSTS 2595 LYDIARD CIR 1 2640 KELLY AVE ORONO MN 55331 ORONO MN 55331 NSCALE PROPERTIES LLC JOHN R&SHERRY L VOLKMAR N8433 572ND ST 2640 KELLY AVE COLFAX WI 54730 EXCELSIOR MN 55331 38 20-117-23 11 0041 38 20-117-23 14 0018 NSCALE PROPERTIES LLC A J WHITEHEAD/P L WHITEHEAD 2595 LYDIARD CIR 2 2620 KELLY AVE ORONO MN 55331 ORONO MN 55331 NSCALE PROPERTIES LLC ANDREW JAMES WHITEHEAD N8433 572ND ST PAMELA LYNN WHITEHEAD COLFAX WI 54730 2620 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 11 0045 38 20-117-23 14 0019 CASCO VENTURES LLC K BASTIAENS&A BASTIAENS 3237 SHADYWOOD CIR 2565 KELLY AVE ORONO MN 55331 ORONO MN 55331 CASCO VENTURES LLC KOEN BASTIAENS 16192 STATE HWY NO 7 ANN BASTIAENS MINNETONKA MN 55345 2565 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 110046 38 20-117-23 14 0020 TAMARA PLANITZER REV TRUST MARK D SCHMIDT ET AL TRES 3249 SHADYWOOD CIR 2585 KELLY AVE ORONO MN 55331 ORONO MN 55331 WARREN PLANITZER JAMES A SCHMIDT TAMARA PLANITZER 2585 KELLY AVE 3249 SHADYWOOD CIR EXCELSIOR MN 55331 EXCELSIOR MN 55331 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 2/20/2019 2509 . '141,. 617)2515 2477 3201 3215 25'50 Ilk 3 223 wt 2523 1 3265 114\7f7 :y ter ; 2525 'I 14m) 3257 324+3 y is I 422? 41111 2545 ''' ''' A• . ,, t° p ', 2.;05 Ilia a 2555 a .7:1 2585 2820 2615 x Vi7, tP6 , 2640 CI#. k g r. :, .i" 9rr 265 0 p.. .i 51 2625 26 as e; 2655 40 f'2883' .5, 2695 / �� 193 s 4 +'nt3225 Ug h 's 324590/ ,i ,s 4 _ 3265 qr7 h i q�v fjt e �7,='":c t ^rte 4x 3300 .,' ` -.�s. ° € tt 3295 ' s f ;. ` ,p t :z : , 14` ,, 3275 3 28 5 Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 2587 Kelly Ave This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy, (I)is furnished with nowarranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shall not be liablefor any damage,injury or loss resulting from this data. For more information,contact Hennepin Canty GIS Office 300 6th Street South,Minneapolis,M N 55487/gis.info@hennepin.us Date Application Received: 02/20/19 O� Date Application Considered as Complete:02/20/19 "WAT 60-Day Review Period Expires: 04/21/19 To: Chair Thiesse and Planning Commission Members `,‘� �1 Dustin Rief, City Administrator �kESH044 From: Melanie Curtis, Planner mcc Date: 18 March 2019 Subject: #LA19-000011,Julie Lensing, 3346 Crystal Bay Rd, Variances Public Hearing Application Summary: The applicant is requesting a rear yard setback and a hardcover variance in order to construct an 18'x 8' addition to the rear of the home. Staff Recommendation: See Page 5. Background The applicant is requesting rear yard setback variance in order construct an 18'x8' addition on the rear of the existing home. Although hardcover is not being added, because the property exceeds 25% hardcover and the proposal involves an expansion from non-building to building hardcover, a hardcover variance is also required. The lot is nonconforming with respect to area and width. LOT ANALYSIS WORKSHEET Section 78-350&78-1279-Setbacks: LR-1C Required Existing Proposed Front 30'from Crystal Bay 27' 27 Road Rear 30' 8.2' 0.1' (1.2 inches) NE Side 7.5' 10.8' 7.8' SW Side 7.5' 9.8' 9.8' Lakeshore 75' 41' (front deck stair) No Change 69.2' (house) Average The existing home encroaches approximately 7 feet into the average Lakeshore lakeshore setback;the proposed addition will not impact the average lakeshore setback. FILE#LA19-000011 18 March 2019 Page 2 of 6 Section 78-350- Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 5,152 s.f. (0 acre)* 33' @ 75'/33' @ OHWL *As with other lots on Crystal Bay Road, in evaluating lot area and hardcover,we ignore the square footage of the improved drive lane of Crystal Bay Road, in this case 1,028 square feet of Crystal Bay Road. Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 5,152 s.f. (0.13 acre) Allowed: 2,000 s.f. Proposed: 1,233.5 s.f. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier 920.7s.f. 920.7 s.f. 1,288 s.f. 2,200 s.f. 2,200 s.f. Tier 1 5,152* s.f. (25 �) (42 9%) w/in 75 ( ) w/in 75 o foot SB 42 9/ foot SB Note: The hardcover calculations reported above have been adjusted to reflect the level after subtracting excludable hardcover. Applicable Regulations: Rear Yard Setback Variance (Section 78-350) The applicant's existing home is about 38 feet deep;she is requesting a rear yard setback variance to construct an 18'x 8' addition resulting in a setback from the rear lot line of approximately 1.2 inches. The property's±118 feet of depth is challenging, particularly due to fact that the 75-foot and average lake setbacks; and the 30-foot rear yard setback nearly overlap. The required setbacks result in a 5 foot deep building envelope. The proposed 0.1 foot setback poses additional challenges regarding construction,the building code,fire codes, as well as the logistics of working within the adjacent property owned by the Hennepin County Regional Rail Authority(HCRRA). Included within Exhibit G are comments from the City's Engineer, Building Official, and the rear neighbor HCRAA. Resident neighbor comments are also attached as Exhibit H. Hardcover Variances (Sections 78-1700) The existing hardcover level is 42.9%;the addition is proposed to be constructed over an existing patio. No new hardcover is proposed. Due to the change in the nature of the nonconforming hardcover,an expansion from non-building to building, a hardcover variance is required. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and FILE#LA19-000011 18 March 2019 Page 3 of 6 anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The small lot includes difficulties resulting from its small size and width, and proximity to the lake and the trail property to the rear. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The Planning Commission should discuss whether the addition,establishing a 1.2 inch setback,is in harmony with the intent and purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The use of the property is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of an addition to the home on the substandard lot,within the rear yard setback, may be somewhat reasonable as the property's reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties. However the project should not adversely impact adjacent properties, and should conform to the building code. A 1.2 inch rear yard setback does not seem reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, its location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood.The existing/proposed hardcover level is unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. FILE#LA19-000011 18 March 2019 Page 4 of 6 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as the use for a residence is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property's substandard size and setback with respect to the lakeshore,Crystal Bay Road,and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood.This substandard size appears to support a variance,but not a 28.8 foot reduction of the rear yard setback. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard size and setback with respect to the lakeshore,Crystal Bay Road,and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood.See notes below. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The use of the property for a single family residence is the right of the property owner. The desire to expand is not a property right. Granting rear yard setback and hardcover variances would be necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting rear yard setback and hardcover variances in this unique situation is not contrary to the intent of the zoning chapter,though the amount of reduction may be. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances are necessary as the property has considerable practical difficulties affecting development. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties inherent to the size, shape, and location of the roadway and the lake affecting the property which may justify granting variances allowing the addition. Most lots along Crystal Bay Road are non-conforming as to size and width and most lots have received variances to develop. The need for variances is fairly well established by the standards above. However, what reduction of setback is appropriate, and what level of development is too much for the lot and the neighborhood? Between 3405 and 3315 Crystal Bay Road (these addresses are accessed via,and are impacted by, the unplatted road)the smallest rear yard setbacks are 5, 6, 6.4, 7.4, and 7.5 feet. This variance, if approved,would in essence negate any rear yard setback. FILE#LA19-000011 18 March 2019 Page 5 of 6 The variance process allows for reasonable development of properties that are unique and that can demonstrate a practical difficulty. Engineer Comments The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at the time of building permit. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff does not support the variance reducing the rear yard setback from 7.4 feet to 0.1 feet. In staff's view, the burden of proof to present practical difficulties to support that level of variance has not been met. If the Planning Commission supports a variance, staff adds the following to the record: The proposed setback of 1.2 inches does not account for the need of the homeowner access around the home for maintenance without trespassing on the HCRRA property. Please read the comments from the City Engineer, Building Official and Ms. Galatz from HCRRA which are included. The HCRRA representative provided comments and has indicated that a permit is required for the grading shown on the HCRRA property. She has also indicated that removal/relocation of the applicant's existing shed which encroaches on the HCRRA property may alleviate their concerns about further encroachments should the variance be approved. Relocation of the shed to a location within the property boundaries would likely require setback and hardcover variances.The planning commission should discuss this shed with the applicant. According to Building Official Roger Peitso's comments,adjustments to the building plans may be necessary if the planning commission finds justification for variance approval. Specifically, adjustments to the roof, eaves,gutters, and foundation. Staff recommends the building plans be adjusted to meet the requirements outlined by the Building Official. Staff finds the hardcover variance request to be reasonable considering the practical difficulties affecting the property. The planning commission should review the plans and evaluate the practical difficulty criteria regarding the rear yard setback and make a recommendation regarding the setback variance. List of Exhibits Exhibit A. Application Summary& Narrative Exhibit B. Practical Difficulties Documentation Form FILE#LA19-000011 18 March 2019 Page 6 of 6 Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Comments Received Exhibit G. Neighbor Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map Land Use Application Summary Application Date: 02/20/2019 Address: 3349 CRYSTAL BAY RD WAYZATA,MN 55391 Parcel Number: 1711723410023 Land Use Number: LA19-000011 Application Submitted By: Property Owner Owner: Name: JULIE B LENSING Address: 3349 CRYSTAL BAY RD WAYZATA,MN 55391 Applicant: Name: Julie Lensing Address: 3349 Crystal Bay Road Wayzata,MN 55391 lensingjulie@gmail.com Contact Information: Associated Contact: JULIE B LENSING Associated Contact: Associated Contact: Associated Contact: Project Description: Additions to home Land Use Application Type: Amendmend Application %_ Appeal of Admin Decision Concept Application Li Conditional Use Permit (i Site Plan Application -� Subdivision Application -- Subdivision Exception Vacation Application Variance Application ?' Applicant Signature: +' PP g E � J' -1.1 PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000011 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: N/A 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: N/A 3. The variance, if granted, will not alter the essential character of the locality. Response: The proposed addition will blend in nicely with the existing structure. The house, after the building of the addition, will be similar in size to most the houses on the street. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two- family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The addition will make this house look more like the house to the east. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: There are other houses on the street that are as deep as the proposed addition. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: This variance will allow an addition which is deemed as necessary: 1) The applicant would like to expand the lower study and make a workshop. This house currently does not have enough room in the garage or there is no other room that a workshop could be build; 2) Currently, the laundry room is located in the garage. This is very difficult for the owner. The addition would move the laundry room to the main level of the house. 3) Currently the closets in the master bedroom are very small. The addition will include a small walk in closet and will expand the second small closet a bit; 4)The added bunkhouse on the top floor will provide four twin beds for additional family members when they visit. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: It will not. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: The location of the current laundry room in the garage, no workshop space and not enough room for family when they come visit will be alleviated by this addition. CERTIFICATE OF SURVEY OF Lot 10, WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH Ka q,NG o N 1etoo 7 90,..`q1 I ) ,0 e +'"$BY,38�,)5 i y0141pc9 °'' *e N *0'5'e's --'-----..--- -"---- - 7 qty V / �7� X , .'..-AV ,./ Nit: \ // / jam __ / ,c n°. t a °°:"6 5 '''C n' cf O 0. v. No- �'�,9' � „. ti ___„ , 44<(q OCN EXISTING HARDCOVER* .\\ t''� e4' exe as.an,�� , : iiiii-rr. Building 1,088 Sq.Ft. --,-74���,..9 coea 11) /%5''.1 Patios & Decks 329 Sq.Ft. asaf' ' 1,•4,' I / 1• TL//r/y/ • , 'q+` Conc. Walks & Drive 885 Sq.Ft. aS� wan, k& I//// ,/u 7)‘ - q"� Landscaping 352 Sq.Ft. es, �'J,. GARA 1 `� O. \ '% awga fba,3354/ ,, /',ll 81 Sq.Ft. O ' iiiiii// ,� • A s Total Hardcover 2,735 Sq.Ft. Ot-A 'P•0 1� HOU;s t1R I4, 6,037 Sq.Ft. 1 /in/ref-icor-949 / �84sArea A, R`. q' % of Hardcover 45.3 % �/ �0°iv 'see hardcover detail sheets and exhibit 75'Setback from 929.4 OHW' , i o1 / Q� �a I / Average Structure Setback o� j. • l/ ooz e- ' ° yCO'fence erosion control c# / ro, a " f / / vol' 0.6'�,�� S 1 ,ia0 s / i.,/, to w5 � "shed a ,e 1" Vo''se emu rr nue i "�'"'�° Proposed floor elevations to match existing, OWNER & SITE ADDRESS: JULIE LENSING see approved plans for construction detail. 3349 CRYSTAL BAY RD WAYZATA, MN 55391 (ORONO) a Denotes x 000.0 Denotes e�und sting elev. Please note that this survey may be subject to facts disclosed by a full and accurate title seach. (000.0) Denotes proposed elev. Denotes surface drainage *Property is subject to apparent easement for city utilities and roadway over Crystal Bay Road I hereby certify that this survey, plan or report was prepared by me File No. or under my direct supervision and that I am a duly Registered Land DEMARS—GABRIEL Surveyor under the Laws of the State of Minnesota. 14631 LAND SURVEYORS, INC. M6'/ 2317 West 93rd Street Dpi�'L/ Book—Page Bloomington, MN 55431 David E. Crook Phone:(763)559-0908 decOgeestolfice.net Scale Dote: February 8, 2019 Minn. Reg. No. 22414 1 =20 PDF created with pdfFactory trial version www.pdffactory.com 32'9 < UP 8'1 - 5' 16'11 2' y X2'1 -L 4'2-1'11'. exist wall above n Tr- - A ` Jf 16070 1//// l /`///' existing overhead door Cr 3368 31068 4 1 a D / existing/ m c. 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soffit, u u I verify,match east vapor retarder film 5/8"drywall continuous soffit vents over- I install flush beam,see hang 2nd floor plan lap siding to match exist 8'-1 1/8" housewrap verify,top of 1/2"wall 2 6sstuds,h16"hingo,c subflooroofwlltotop I EXISTING 2nd FLOOR R21 insulation I vapor retarder film 1/2"drywall I 3/4"subfloor R21 rim 7////7/77///// joist 11 7/8"1-joists,16"o.c. insulation n WINDOW NOTE: 5/8"drywall Verify make and model req'd to match exist. • Max U value=0.32. install flush beam,see Vendor to provide all a1.1 1st floor plan required tempered glass,fall protection, N 9'-1 1/d" egress hdwe,etc. `r verify,top of op subfloorto tEXISTING 1st FLOOR of wall R21 rim joist insulation PT 2x8 sill plate, overhanging 3/4"subf Ivor existing subfloor foundation wall 2"\ 'r Aar ""� 11 7/8"1=oists,16"o.c. existing floor'oists approx �1 5/8"drywall grade 001 NEW, 1 1C-----____ remove wall portion,see 0 basement plan cover above grade portion of BASEMENT 1 insulation w/rolled FRP (NUDO Groundbreaker or EXISTING equal) 2x2 furring strips,16" 1 I EXISTING 0 "" o.c.,w/R5 rigid BASEMENT_ GARAGE 2"(R10)rigid insulation G� insulation between, cover w/1/2"drywall _ \� 12"concrete block,verify I I courses to match exist, verfy mod or non-mod ht I 3 12cora:slab coslab exist coni;slab 20"x 10"cont y approx f footing w/2#5s,cont 4"granular fill , grade JJJ stairs beyond /or i n cross section prelim 1-30-19 3349 addition to sheet RichardGrohArchitects.com the Julie A9 scale is Crystal BayRoad, Lensing cell 612-554-9772 when printed on rY email groh2r@aol.com 11x17 sheet size Orono 55391 Residence of9 City of Orono 14631 HC-1 E (v-0A,*.. Hardcover Calculation Worksheet Property Address: 3349 Crystal Bay Road Orono, MN 55391 KESHO- Prepared by: Demars Gabriel Land Surveyors, Inc. Date. 2/08/2019 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER WITHIN 75' SETBACK AREA In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item (Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A * dock 3.5x8.6 30 S.F. B * deck/stairs 3.3x17.9 59 S.F. C * building 23x3.5 80.7 S.F. D * driveway 33x20.3 668.5 S.F. E * apron 22.4x5 112.5 S.F. F * walls 22x1.5 33 S.F. G * walls 10x1.5 15 S.F. H * walls 10x1.5 15 S.F. I * landscaping 4.3x7 30 S.F. J * landscaping 8.5x2 17 S.F. K * landscaping 4.3x1.3 5 S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 1,065.7 S.F. Excludable Hardcover(See City Code Sec 78-1684): 0 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Existing Hardcover [Subtract line(2)from line (1)] 1,065.7 S.F. (4) Total Lot Area 2,931.8* S.F. Proposed Hardcover Percentage [(3):(4)] 36.3 % - (Proposed Hardcover next page) *Not included in parcel area or hardcover is 878.2 sq. ft. of roadway. This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 City of Orono 14631 HC-2 E / 4..0 Hardcover Calculation Worksheet Property Address: 3349 Crystal Bay Road Orono, MN 55391 y��q'CESHOF�'G Prepared by: Demars Gabriel Land Surveyors, Inc. Date: 2/08/2019 Stormwater Quality Overlay District Tier: (Circle one) 44112,0 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER OUTSIDE 75' SETBACK In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item (Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A S.F. g deck/stairs 3.3 x 13.49 46.0 S.F. C building 35.35 x 28.5 1007.3 S.F. p patio 8 x 15.6 125 S.F. E S.F. F S.F. G S.F. H walls 1.8 x 16.67 30 S.F. landscaping 3.34 x 31.7 106 S.F. landscaping 6 x 7 42 S.F. K landscaping 5 x 6.6 33 S.F. L landscaping 3.94 x 21.3 84 S.F. M landscaping 1.5 x 6.66 10 S.F. N deck(rear) 8.0 x 12.63 101 S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 1,584.3 S.F. Excludable Hardcover(See City Code Sec 78-1684): H 30 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 30 S.F. (3) Net Existing Hardcover [Subtract line (2)from line(1)] _ 1,554.3 S.F. (4) Total Lot Area 2,221 S.F. Proposed Hardcover Percentage [(3)_(4)] 70.0 (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 14631 HC-1 P City of Orono �oNo Hardcover Calculation Worksheet Property Address: 3349 Crystal Bay Road Orono, MN 55391 �`"KESHoa`� Prepared by: Demars Gabriel Land Surveyors, Inc. Date: 2/08/2019 Stormwater Quality Overlay District Tier: (Circle one) 40111 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER WITHIN 75' SETBACK AREA In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item (Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A* dock 3.5x8.6 30 S.F. B* deck/stairs 3.3x17.9 59 S.F. C * building 23x3.5 80.7 S.F. D* driveway 33x20.3 668.5 S.F. E * apron 22.4x5 112.5 S.F. F* walls 22x1.5 33 S.F. G* walls 10x1.5 15 S.F. H* walls 10x1.5 15 S.F. I * landscaping 4.3x7 30 S.F. J* landscaping 8.5x2 17 S.F. K* landscaping 4.3x1.3 5 S.F. L S.F. M S.F. o NO CHANGE BEING PROPOSED WITHIN ZONE S.F. S.F. S.F. S.F. S.F. S.F. S.F. ✓ S.F. W S.F. X S.F. y S.F. Z S.F. (1) Total Proposed Hardcover 1,065.4 S.F. Excludable Hardcover(See City Code Sec 78.1684): 0 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 1,065.7 S.F. (4) Total Lot Area 2,931.8* S.F. Proposed Hardcover Percentage [(3)_(4)] 36.3 % *Not included in parcel area or hardcover is 878.2 sq. ft. of roadway. This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 9 of 9 City of Orono 14631 HC-2 P Hardcover Calculation Worksheet Property Address: 3349 Crystal Bay Road Orono, MN 55391 yF kEsH00" Prepared by: Demars Gabriel Land Surveyors, Inc. Date: 2/08/2019 Stormwater Quality Overlay District Tier: (Circle one) ACP Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER OUTSIDE 75' SETBACK In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A S.F. B deck/stairs 3.3 x 13.94 46.0 S.F. C building 35.35 x 28.5 1007.3 S.F. D S.F. E S.F. F S.F. G S.F. H S.F. landscaping 3.34 x 31.7 106 S.F. J landscaping 6 x 7 42 S.F. K landscaping 5 x 6.6 33 S.F. L landscaping 3.94 x 21.3 84 S.F. M landscaping 1.5 x 6.66 10 S.F. N deck(rear) 8.0 x 10.1 80.5 S.F. O S.F. P House addition 8.0 x 15.0 120 S.F. Q House addition 3.0 x 8.5 25.5 S.F. R S.F. S S.F. T proposed addition displaces 125 sq. ft. of patio S.F. U S.F. ✓ 30 sq. ft. of ret. wall &20.5 sq. ft. of deck with building S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 1,554.3 S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 1,554.3 S.F. (4) Total Lot Area 2,221 S.F. Proposed Hardcover Percentage [(3)_(4)] 70.0 % This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 9 of 9 EXISTING 0 - 75 ' PROPOSED 0 75' N o�'OA* (see existinc, no change pr000sed) *o F* 7 05 K'N cs D* •\'' "a%•1 , d . 0 1 G* & ,,'1‘,,,,,s ,,, Oil I 0 \5 H \--- ''i5 ). RRD�O�-R -X- Bl .'' OWNER & SITE ADDRESS: JULIE LENSING • •• q.t.A 3349 CRYSTAL BAY RD .' �5� '°° WAYZATA, MN 55391 2.2.2 0 (ORONO) PROPOSED EXISTING OUTSIDE 75 ' OUTSIDE 75 ' S 9>. 5166 33 Q vs (,' X105 4 \59a 5555 84 0.�,\^) P „,5,0' 3r X13 �\o� �9 \'Lo ' Bo' \,tee¢” w �6� ��r`5° ��aA�a C 6r`56 10 M 80.5 \� D 103 �\,�`� N H \ o6,'‘ 30 55 �\\�+\cz.0 ® \. 42 0+1 I hereby certify that this survey, plan or report was prepared by me File No. DEMARS—GABRIEL or under my direct supervision and that 1 am a duly Registered Land 14631 Surveyor under the Laws of the State of Minnesota. LAND SURVEYORS, INC. 2317 West 93rd Street Book—Page Bloomington, MN 55431 Phone:(763)559-0908 David E. Crook decOgwestoffice.net Scale Dote: 2/08/2019 Minn. Reg. No. 22414 1"=20' PDF created with pdfFactory trial version www.pdffactorv.com Engineer Comments From: Adam Edwards To: Melanie Curtis Subject: RE:Grading Review-LA19-000011/3349 Crystal Bay Rd Date: Monday,February 25,2019 2:15:03 PM Melanie, 1. The proposed grading plan depicts grading outside of the subject property. The grading is on Railroad property. The applicant will need permission from the railroad authority for those encroachments. 2. Otherwise the grading seems feasible. Adam From: Melanie Curtis Sent: Monday, February 25, 2019 1:51 PM To: Adam Edwards<aedwards@ci.orono.mn.us> Subject: Grading Review- LA19-000011/3349 Crystal Bay Rd Adam Please review the attached plan to construct an addition (basement + two floors)to the home right up to the rear lot line. I'm also reaching out to HCRRA to see if they have any comments. I'm looking for comments from you that would alter the overall plan at this stage only; will go to PC on March 18th. You'll get another go at Building Permit time. Comments by/before March 11th please. Thank you. Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK. Building Official Comments From: Roger Peitso To: Melanie Curtis Subject: RE:Grading Review-LA19-000011/3349 Crystal Bay Rd Date: Tuesday,March 12,2019 9:35:30 AM Melanie, I have completed a review of the documents provided and these are my comments: 1. No portion of the structure can be built across the property line. This would include, roof, gutters, eaves,overhangs,footings, foundation,foundation drainage system, walls, cantilever's of any sort, siding or any architectural features or building systems used in construction. 2. With the type of construction systems shown in the proposed plans the footings shall be a minimum 1 foot from the property line because of the drainage system that is required per Code section R405 of the 2015 Minnesota Residential Building Code around the exterior of the foundation at the bottom level of the footings. 3. Per item #2.The result would be the walls of the structure would be at least 1.5 feet from the property line if constructed as shown. 4. No excavation across the property line can be conducted without express written permission of the Railroad Authority. Thanks, Roger From: Melanie Curtis Sent:Wednesday, March 06, 2019 3:18 PM To: Roger Peitso<rpeitso@ci.orono.mn.us> Subject: FW: Grading Review- LA19-000011/3349 Crystal Bay Rd At your earliest convenience, please provide written comments to me on this project(see attached). It will be on the planning commission's March 18th agenda. Melanie Curtis `x'952.249.4627 lmcurtis(@ci.orono.mn.us All permitting is now done through our new online portal - LINK. HCRRA Comments From: Jessica M Galatz To: Melanie Curtis Subject: RE: [External]Setback Variances for 3349 Crystal Bay Rd,Orono/File#LA19-000011 Date: Tuesday,March 5,2019 8:27:15 AM Thank you for letting us know about the variance application.The Hennepin County Regional Railroad Authority's (HCRRA's) practice is to oppose requests for zero-foot setback variances adjacent to its property as zero-foot setbacks do not allow property owners to maintain their property without encroaching onto public land. It appears there is currently a shed encroachment on HCRRA's right of way adjacent to 3349 Crystal Bay Road. Remedy of this encroachment would mitigate our concern about the zero-foot setback variance. It is my understanding that the city has already required the proposed roof overhang to be revised. This is encouraging as roof drainage onto the public property would be undesirable.The property owner may contact HCRRA directly to obtain a permit for the proposed grading shown on their survey. Please feel free to contact me directly if we should discuss more.Thank you. Jessica Galatz Principal Planning Analyst Hennepin County Regional Railroad Authority(HCRRA) 701 Fourth Avenue South, Suite 400 Minneapolis, MN 55415-1843 612-348-2691 (office) jessica.galatzPhennepin.us From: HCRRAmail/Hennepin <hcrraPhennepin.us> Sent: Monday, February 25, 2019 4:23 PM To:Jessica M Galatz<Jessica.GalatzPhennepin.us> Subject: FW: [External] Setback Variances for 3349 Crystal Bay Rd, Orono/ File#LA19-000011 Good afternoon Jessica: This e-mail was sent to the HCRRA mailbox February 25. Sincerely, Joseph Scala Community Works Hennepin County Public Works 701 4th Avenue S, Suite 400 I Minneapolis, MN 55415-1843 612-543-0501 I joseph.scalahennepin.us H Building long-term value through housing,transit,jobs and placemaking From: Melanie Curtis<MCurtis@ci.orono.mn.us> Sent: Monday, February 25, 2019 1:56 PM To: HCRRAmail/Hennepin <hcrraPhennepin.us> Subject: [External] Setback Variances for 3349 Crystal Bay Rd, Orono/File#LA19-000011 Hello, The City of Orono received a variance application to permit construction of an addition (basement + two floors)to the existing home at 3349 Crystal Bay Road, right up to the rear lot line. I have attached the proposed survey as well as the building plans for your review. I'm requesting comments from you on this request for our public hearing. This application will before our Planning Commission on March 18th. If you have comments, please provide them to me by/before March 11th Let me know if you have any questions. Thank you, Melanie ill#10W. Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK. ***CAUTION: This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. MCWD Comments Lensing, Julie Dave Crook,4dectPowestoffice.net> Sent Februarys 20, 201911:45 AM Iia: Leming,Julie;Julie Lensing Subject Poi-3349 Crystal Bay Road Orono = Lune Lensing Attachments: LtNS1NG 3349 CRY BAY RC?ORONCL1,4631.ptit LfNS1t4G EXH181T REKSE13,146310,PDF ,Juice, Here you go, looks flit Erin forwarded to city, Thanks Dave Demurs Gabriel Land Surveyors, Inc. David E, C'rmok, PLS 2317 W 93rd SL Bloomington,MN 55431 a: 763-559-0908 c: 612.751-6785 u:q�te Afizati Original Hempel— Flinn:fl TtilstragaVeatoffigertet Cc::gltliacidetwattOsonoi Sant:Wednesday, Februarys 20,201911:27 AM Subject:RE:3349 Crystal Bay Road ()moo-Luliie Leasing Hi DaVe, apologize for the delayed email.After reviewing the plans for the proposed addition at 3349 Crystal hay Road in Orono, it's been determined that no MCWD permit is needed. Please feel free to contact me with any questions ar concern` Thank you, Erin Manlick Permitting Assistant Mlnnehaha Creek Watershed District (9521 641-4586(direct) mogiNAHA align 153ZO Minnetonka Blvd.,Minnetonka„MN 55345 WAT(I5HED ww u.rrsinrtehatiocr>eei,orR From:flame Croak[@filta:d c@taw- of a nett Sent:Tuesday, February 19,2019 9:18 AM To:permitting<nermitt ne ininnehahacreeores Subject;3349 Crystal Bay Road Orono Culla lensing i Erin As pig Our dr.ccuSS r5 on 2113119_ Thak5 Dave DealMS°AIM LEd Surveyors, Inc. David E.Crook PLS 2317 W.93rd S . Bloomington,MN 55431 0: 763-359-0908 c: 612-731-6785 dro tir 15 . —Original hilessage Ft1 e.Mere CrUQ t To Lensin€t Juiig; kaktfAjaa Sent:Wednesday, February 13,2019 1:36 PM Subject:Re: Status? Julie, Updated hardcover inventory sheets, exhibit and survey wltti drainage and erosion control attached, Thinks Dave Dern =Gabriel Lctnd Surye gars, in . David E. Crook.,PIIS 2317 W. 93rd St. 3too(ninetnn,MN 33431 a: 763.359-0908 c:612-751-6785 cl otitciice,eirt —Qrbglna1 Me age— Ftp 1. Mg.Jiiie To: Dare Crook Sant:Wednesday, Febnrary t3,2019 10:21 AM Subject:RP: Status? Great! Thank you_ 1 ulle z From:Dave Crook ima tt4:, eQrtwestaffiice.net1 Sent:February 13,2019 10:18 AM To:Lensing,Julie c ltti @rbc;com>;Julie Lensing(lensinFlulie gnil,corn> Subject;Re:Status? Hl, Will be sending over today.. Dave Demurs Gilltriel Land Surveyors, Inc, David F.. Crook, PLS 2317 W.93rtSt. Bloomington, MN 53431 u: 7153-559-0908 L.:5512-751-6785 ddc ( gwestofltcr.net prlginal Message---_- From ;i.;elleihiL Jure To;Lave Crook Cc:E nciiulieatomaiLcom Sent:Wednesday, February 13,2018 1012 AM Subject 511311127 Checking in with you to see when you wilt be sending me the information for my application with the City of Orono? The deadline is Wednesday, rebfvdry 201", rd like to have your Information by Friday, if possible. Please tet me know if you have questions,or would like me to talk with Melanie Curtis, Planner with City,of Ornrro,. regarding any questions,. flkase send future emaJls to mismailsicomivies well es my RBC email. Thank you Jute Julie Lensing I Assistant to Torn Schulenberg RBC Wealth Management 6o South 6th Street,Pta, Minneapolis,MN 55402 612-37i-2S71S direct Zine 1612-371-2722 fax julie.lensingi i',rbt eom RnC wealth Management deet not accept buy. tell, or tdncel orders by email, or any Instructions by email that wauid require your signature. Please vlr+t pas,M a bttt.p±_gwn•t.. Remi] D •c) rurea For mat©na&details about our products and accounts,eswell as for Otter Important Informabon, Investment and insurance products offarod through ftp Waaith Management are not initllr441 by the FDIC or any other federal gvlrrrnment agsslyy,erre not deposits or Other obligations or, or guaranteed by,a bank or any bank Willett, and are subject to ieweetineat rich*,1ndudieg pve+sibla tons of tha principal amount ink, 3 Julie Lensing 3349 Crystal Bay Road Wayzata, MN 55391 February 5, 2019 Sean Foy and Terrie Eggers 3345 Crystal Bay Road Wayzata, MN 55391 Dear Sean and Terrie, I am starting the process of applying for a variance with the City of Orono. My plans include an addition to the lower level, main level and upper level. The addition will be built in the back of the house, where the cement slab is currently. I will be building where there is existing hardcover and will not be adding any hardcover. As part of the process would you please sign this document as well as an additional one acknowledging you are aware of my plans. I appreciate your support of this project. If you have any questions or concerns, please let me know. Thank you. Sincerely, Julie Lensing Signature confirms support of the plan for Julie Lensing to build addition: vv-¢ ` Date — !o — i(we) e -<)y V ;r 3 3 y $ C( 5 -` [print name(s)] [print address] have revie d the plans for the proposed improvement or proposed use of the property located at 3 3L '( also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date D.~ go l9 Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. #►*#***►►►*****MH**►*****.*N►#!M****.*Ni►►Nf**.****& 4 **************** ►►R*****4 Rtl11-04M**11********ri►H#ii***** • nn IArrttT norma=DTV ntRMrat7c, Rrtritr+ten L'nft•GAM iT cranne '''\ ......',1".' \ • 4.1 i` 1 f / l — • . .' r� fir ' \ ' ':::',‘ '\'' .......'..-=.:**-. ''''.12''''' S • . 4 mak* P / 1\ a • v -.-'-:<","1-A+4 / ' e 0 $ c - ,,1 :r/ P • \'\ **'''..\. '1‘„ \\ .. r ''' - '' **4,'-'V.\;''. ' 4'''''' ' ,:: ,....-.. �\ .ter yz I. ,.. \ -., , i; I. s .�� }7 '.'�.. r .4 ''' =-: ' \ \ ' . f ?' , i.+s -.. + ," Y 1 � 1 yi #¢ / # r.? w r ''•- , \''''\2 LI . -_.. v { Ilks• t f �i r 1 �» � { .:\\\ a l4` .+ f } "w..41i, ,y rte `+ • t .r • it.. y'x t `. i w i J ' 4 4 :;. *� ► f • • .' . .,# .t• .� rtr ae. '-• . is { 1 t fes/ tti P•� a t L 4Y RUN DATE:02/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 17-117-23 34 0052 38 17-117-23 41 0025 38 17-117-23 44 0021 HENNEPIN CO REGIONAL RR AUTH R A LUZAICH&J N URAL WILLIAM L WOLFSON 38 ADDRESS UNASSIGNED 3359 CRYSTAL BAY RD 3399 CRYSTAL BAY RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 HENNEPIN COUNTY RICHARD A LUZAICH WILLIAM L WOLFSON REGIONAL RAILROAD AUTHORITY JENNIFER N URAL 3399 CRYSTAL BAY RD 701 4TH AVE S SUITE 400 3359 CRYSTAL BAY RD WAYZATA MN 55391 MINNEAPOLIS MN 55415 WAYZATA MN 55391 38 17-117-23 41 0013 38 17-117-23 41 0034 38 17-117-23 44 0022 GREGORY J BLASKO PAUL J&LOIS E REHMAN CATHERINE L SWEET 3295 CRYSTAL BAY RD 3335 CRYSTAL BAY RD 3405 CRYSTAL BAY RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 GREGORY J BLASKO PAUL J&LOIS E REHMAN CATHERINE L SWEET 3295 CRYSTAL BAY RD 3335 CRYSTAL BAY RD 3405 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 41 0016 38 17-117-23 41 0035 38 17-117-23 44 0023 DAVID A SCHMID C G OWEN&J L HUGHES TOWN OF ORONO 3309 CRYSTAL BAY RD 2175 KENWOOD WAY 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 DAVID A SCHMID CLIFFORD G OWEN CITY OF ORONO 3309 CRYSTAL BAY RD JILL L HUGHES PO BOX 66 WAYZATA MN 55391 2175 KENWOOD WAY CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 41 0017 38 17-117-23 43 0115 38 17-117-23 44 0025 DALE OLSEN&JONMARI OLSEN TOWN OF ORONO CLEMENT F BIRCH JR ET AL 3315 CRYSTAL BAY RD 38 ADDRESS UNASSIGNED 2205 BAYVIEW PL ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 DALE OLSEN&JONMARI OLSEN CITY OF ORONO C BIRCH JR/B SIPPRELL-BIRCH 3315 CRYSTAL BAY RD PO BOX 66 5705 VILLAGE TR WAYZATA MN 55391 CRYSTAL BAY MN 55323 MOUND MN 55364 38 17-117-23 41 0018 38 17-117-23 43 0116 38 17-117-23 44 0026 TODD OLSON&ANGELA OLSON WEST WING LLC HPA BORROWER 2018-1 MS LLC 3325 CRYSTAL BAY RD 3407 CRYSTAL BAY RD 2215 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 TODD OLSON WEST WING LLC HPA BORROWER 2018-1 MS LLC 3325 CRYSTAL BAY RD 3407 CRYSTAL BAY RD 180 N STETSON AVE#3650 • WAYZATA MN 55391 WAYZATA MN 55391 CHICAGO IL 60601 38 17-117-23 41 0019 38 17-117-23 44 0016 38 17-117-23 44 0027 C M MCSHANE&R A MCSHANE VIRGINIA E LOFRANO TRUST TERESA ANNE KOCH 3329 CRYSTAL BAY RD 3365 CRYSTAL BAY RD 2225 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CHAD&REBECCA MCSHANE VIRGINIA E LOFRANO TERESA KOCH 3329 CRYSTAL BAY RD 3365 CRYSTAL BAY RD 2225 BAYVIEW PLACE WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 41 0021 38 17-117-23 44 0017 38 17-117-23 44 0028 J D&T J HOFER JOSHUA JABS&NICOLE JABS M P MCDONALD&P J MCDONALD 3339 CRYSTAL BAY RD 3369 CRYSTAL BAY RD 2245 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JONATHAN&THERESA HOFER JOSHUA JABS&NICOLE JABS MICHAEL P MCDONALD 3339 CRYSTAL BAY RD 3375 CRYSTAL BAY RD PAMELA J MCDONALD WAYZATA MN 55391 WAYZATA MN 55391 2245 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 41 0022 38 17-117-23 44 0018 38 17-117-23 44 0029 SEAN R FOY/TERRESA K EGGERS JOSHUA JABS&NICOLE JABS KELLY A&SHAUN S RIOUX 3345 CRYSTAL BAY RD 3375 CRYSTAL BAY RD 2253 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SEAN R FOY JOSHUA JABS KELLY ADELIA RIOUX 3345 CRYSTAL BAY RD 3375 CRYSTAL BAY RD SHAUN SCOTT RIOUX WAYZATA MN 55391 WAYZATA MN 55391 2253 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 41 0023 38 17-117-23 44 0019 38 17-117-23 44 0030 JULIE B LENSING GREGORY A HELMER LAUREN E HATTARA 3349 CRYSTAL BAY RD 3385 CRYSTAL BAY RD 2265 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JULIE B LENSING GREGORY A HELMER LAUREN E HATTARA 3349 CRYSTAL BAY RD 3385 CRYSTAL BAY RD 2265 BAYVIEW PL WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 41 0024 38 17-117-23 44 0020 38 17-117-23 44 0041 ANTHONY&SHELLEY HEREDIA S H LEIGHTON&M C JOHNSON KRIS A&BRETT FERRELL 3355 CRYSTAL BAY RD 3393 CRYSTAL BAY RD 2250 BAYVIEW PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ANTHONY&SHELLEY HEREDIA SUSANNE H LEIGHTON KRIS ANN FERRELL 2768 GALE RD MATTHEW C JOHNSON 2250 BAYVIEW PL WOODLANE MN 55391 3393 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE:02/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 17-117-23 44 0042 38 17-117-23 44 0110 M BRASSINGTON/M BRASSINGTON S C JOHNSON&B M SCHAUMBURG 2240 BAYVIEW PL 3290 NAVARRE LA ORONO MN 55391 ORONO MN 55391 MICHELLE M BRASSINGTON S C JOHNSON&B M SCHAUMBURG 2240 BAYVIEW PL 3290 NAVARRE LA WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 44 0057 DAVID A KUPKA 2215 KENWOOD WAY ORONO MN 55391 DAVID A KUPKA 2215 KENWOOD WAY WAYZATA MN 55391 38 17-117-23 44 0082 D M MATSON&SHANNON WOLCOTT 2200 BAYVIEW PL ORONO MN 55391 DALE M MATSON SHANNON WOLCOTT 2200 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0083 J L SCHNECK&P M SCHNECK 2230 BAYVIEW PL ORONO MN 55391 JL&PMSCHNECK 2230 BAYVIEW PL S WAYZATA MN 55391 38 17-117-23 44 0096 B A WILSON&C A WILSON 2300 BAYVIEW PL ORONO MN 55391 BLAIR&CAROL WILSON 2300 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0098 MICHAEL J SWANSON 3300 NAVARRE LA ORONO MN 55391 MICHAEL J SWANSON 3300 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0104 CLAIR T ROOD 3240 NAVARRE LA ORONO MN 55391 CLAIR T ROOD 3280 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0105 CLAIR T ROOD 3280 NAVARRE LA ORONO MN 55391 CLAIR T ROOD 3280 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0108 C P BLOCK&C R BLOCK 2260 BAYVIEW PL ORONO MN 55391 CHRIS&COURTNEY BLOCK 2260 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0109 G ASHDOWN&G M ASHDOWN 3286 NAVARRE LA ORONO MN 55391 GLEN ASHDOWN GRACE MARIE ASHDOWN 3286 NAVARRE LA WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 2/20/2019 4 - C, 325 z fy z. . 3265 m` 't „.. i t _ sy, r:- ',, a 4j;3 3 285 z yt A3. .',,•1:WgZ,:11,44t-ii',-,- --.;.• A , ,. . 3295 k "� w z ro zs `; 21 ram T - Tw rw �,r,-4, ', '� 32, 2160 NI P- x 33 9 21 r t 3� - j'. .",01) :6'7 :175 Se 21. Y 11 3399. 3393il FI ¢n . 45 3405 _ 3240 26EO ,.f m1 3415 4�1 Ilik. 3290 trial 00 223 0 w 3280 _.` 0:112240 2264 \‘, 401 • t 4>2l 2260 (rt>< 2205 wt) 2195 ice) 0., 230641PAIP- - ' 300pa1 ,`'` RI X23 GE 23140 340 2290 dtTi R91 265 275 :+ 0/, , 2328 1 Mk 23 2318 0 2338 ir -4.423 44 (i i di,2908 11$11 Ian 2345 31C 3414 2350 1,331 ..AP `� 23271 w 332D `R� f99) t60f ff.4l 2339ii4 * % m1 3324 # ` 2359, tfel ` i "r 3 3 405 _. 'a, n4 2$1$1 061 tf s, s .... �--. i F .:fi e r, i�5' _ fi, 238G rpt.. .,# 2 ,,Iv`f 4s Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 3349 Crystal Bay Rd This data (i) s furnished 'AS IS with no representation as to completeness or accuracy; (i)is fumshedwith nowarranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for anydamage,injury oloss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gisinfo@hennepin.us