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HomeMy WebLinkAbout05-20-2019 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE 5— oLO H ❑ COUNCIL . PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. 0101. : p t ° I 6 ,f;r °01 a,rmilti RD7101&,, ,"4 PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC (:)6:7' Agenda Planning Commission Meeting Monday, May 20,2019, 6:30 P.M. 6: Orono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 4kEsx0°" 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: Dennis Walsh Pledge of Allegiance Approval of Agenda Approval of Minutes New Business 1. LA19-000017 Steve &Jennifer Paidosh, 4300 North Shore Drive, ROW Vacation (Staff Melanie Curtis) 2. LA19-000027 Mike Johnsrud, 135 Luce Line Ridge, Variance (Staff: Laura Oakden) 3. LA19-000028 Steven Eggert o/b/o Lake West Development, Outlot A Ivy Place, Variance (Staff: Jeremy Barnhart) 4. LA18-000057 City of Orono, Text Amendment related to Plumbing in Accessory Buildings (Staff: Melanie Curtis) 5. Update on May 13, 2019 City Council meeting Adjourn Planning Commission Liaison to June 10 City Council meeting: Bob Erickson Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification Date Application Received: 03/01/19 0� Date Application Considered as Complete:04/02/19 g ` t 60-Day Review Period Extension Expires: 07/31/19 1(4,- To: Chair Ressler and Planning Commission Members 10 G1 Dustin Rief, City Administrator ikESHo0" From: Melanie Curtis, Planner ince Date: 20 May 2019 Subject: #LA19-000017, Stephen and Jennifer Paidosh,4300 North Shore Drive, ROW Vacation Public Hearing Application Summary: The applicant is requesting City approval of vacation of the undeveloped right-of-way of Bluff Street and a portion of the undeveloped right-of-way of Forest Boulevard situated between 4300 North Shore Drive and 1453 Park Drive. Staff Recommendation: Planning Department Staff recommends denial. Background The applicants are requesting to vacate the unimproved right-of-way of Bluff Street and a portion of the undeveloped right-of-way of Forest Boulevard directly abutting their property to the east. The rights-of-way were originally dedicated with the plat Saga Hill Revised. The applicants have included a narrative with their application attached as Exhibit B. There is an existing City stormwater catch basin and pipe in the right-of-way;the applicant has proposed granting an easement over these structures. Applicable Regulations: V MN State Statute 412.851 VACATION OF STREETS The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition,the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing.The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water,written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter.The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section,the council or its designee must consult with the commissioner of natural resources FILE#LA19-000017 20 May 2019 Page 2 of 4 to review the proposed vacation. The commissioner must evaluate: 1. the proposed vacation and the public benefits to do so; 2. the present and potential use of the land for access to public waters; and 3. how the vacation would impact conservation of natural resources. The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted,the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby.The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature,the words "entered in the transfer record."The notice shall then be recorded with the county recorder.Any failure to file the notice shall not invalidate any vacation proceedings. ✓ MN State Statue 462.358 Subd. 7. Vacation The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof,which are not being used for sewer, drainage, electric, telegraph,telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". ✓ Orono City Code. Sec. 78-9. -Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. § 412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. ✓ Orono's (Draft) 2020-2040 Comprehensive Plan:Transportation Chapter 4A- Lake access, preservation and management Orono's lakes provide a significant recreational resource for all Orono residents.This value was long ago realized by City leaders. In order to provide lake access for the general public, as well as to provide for fire department access to the lake as a water source, a number of lake access corridors were created as the shore land developed.These typically are platted, dedicated right-of-ways leading from the local road system to the shoreline, and are FILE#LA19-000017 20 May 2019 Page 3 of 4 commonly from 16'to 66' in width. These right-of-ways (often referred to as "fire lanes" or"lake access roads")vary considerably in their proximity to traffic, parking availability, proximity to housing, lakeshore conditions, and other factors that effect their recreational value. Some of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice-fishing accesses. Certain accesses have docks for fishing, and some have ramp areas suitable for launching a small boat. However, most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors have steep topography, shallow water depths, undesirable lake bottom conditions, and/or dense vegetation and experience little or no usage. Of the City lake accesses shown in Table 4A-9(Exhibit D), half of those located outside of Big Island are either undeveloped or closed to public use. Orono's (Draft) 2020-2040 Comprehensive Plan: Chapter 4E Parks,Trails, and Open Spaces 1. Orono will maintain Lake Access for all residents. With shore land abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. It is the City's intent to permanently retain for public use all existing lake access corridors and fire lanes, regardless of the current level of use or maintenance. (Supports goal 5)To this end,the City will follow these policies: • Requests for vacation of dedicated lake access right of ways will be evaluated carefully, in particular where equal or better lake accesses are not available nearby. The City will identify and take necessary action to preserve the public's right to use of any such accesses which exist but which may not have been formally dedicated. • The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. Engineer/Public Works Director Comments 1. The rights-of-way currently serve as a city drainage way. There are a catch basin and storm pipe which drain the surrounding area located within both rights-of-way. The rights-of-way should not be vacated while they serve a public purpose. 2. The City could consider encroachments within the right-of-way as long as they do not impact its current public use. 3. The City should entertain any request from the owners of 4300 North Shore Drive to have their driveway access moved from North Shore Drive to Park Drive via this right-of- way. Staff Analysis The challenge with vacating rights-of-way is that vacation is final. Should the public or the City desire access to the lake, or have utility needs in the future,the cost to taxpayers to reacquire lake frontage will be at a premium. Vacation reduces options for the City in the future. While the comp plan notes that the City will consider vacation,these particular rights-of-way have improvements, and vacation is not supported by state statute. The importance of access to the lake is outlined in the comprehensive plan. FILE#LA19-000017 20 May 2019 Page 4 of 4 DNR Comments The Minnesota Department of Natural Resources has reviewed the vacation request and provided comments (Exhibit E).They opposed the vacation.Their analysis indicated that the proposed vacation does not provide a public benefit nor does it protect future public use of the land to access the lake. Public Comments Staff received written comments from the other abutting neighbor at 1453 Park Drive. See Exhibit H for the submitted comments. Issues for Consideration 1. Does this request follow the Comprehensive Plan? 2. Does this request meet the statutory requirements for approval? 3. Would approving this action set precedent for future lake access vacations? 4. Are there any issues or concerns with this application? Planning Staff Recommendation Staff recommends denial of the request to vacate the rights-of-way because the vacation does not meet the criteria for approving a vacation as outlined in the state statute. List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Existing& Proposed Survey Exhibit D. Comp Plan Table 4A-9 Exhibit E. DNR Comments Exhibit F. Utility Company Comments Exhibit G. City Engineer Comments Exhibit H. Public Comments Exhibit I. Property Owners List Exhibit J. Plat Map Exhibit K. Aerial Photos Land Use Application Summary Application Date: 03/01/2019 Address: 4300 NORTH SHORE DR MOUND, MN 55364 Parcel Number: 0711723420023 Land Use Number: LA 19-000017 Application Submitted By: Agent on behalf of property owner Owner: Name: STEPHEN R/JENNIFER P PAIDOSH Address: 4300 NORTH SHORE DR MOUND, MN 55364 Applicant: Name: David Pemberton Address: 150 Broadway Ave. S. Wayzata, MN 55391 Pemberton@sathre.com Contact Information: Associated Contact: David Pemberton Pemberton@sathre.com Associated Contact: Associated Contact: Associated Contact: Project Description: Street Vacation 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: [NAV E��S SURA , 7 U _ INC INC tz " ,* N + 150 SOUTH BROADWAY, WAYZATA, MINNESOTA, 55391 %� ��4.1 TEL:(952)476-6000 WEB:WWW.SATHRE.COM FRS p\,P NARRATIVE FOR PAIDOSH VACATION REQUEST Owner: Steve and Jennifer Paidosh. March 1,2019 4300 North Shore Drive Orono,MN 55364 Attn:Jennifer Applicant: Sathre-Bergquist,Inc. 150 Broadway Ave.S. Wayzata,MN 55391 Attn:David Pemberton Steve and Jennifer Paidosh,with consideration and acknowledgment of the neighbor at 1453 Park Drive,Orono,MN 55364,are requesting the vacation of undeveloped Bluff Street and Forest Boulevard as dedicated on the plat of"Saga Hill Revised, Hennepin County, Minnesota". Upon vacation half of the vacated area would accrue to 4300 North Shore Drive and 1453 Park Drive. This vacation request would be congruent with the vacations of adjoining Forest Boulevard and the other undeveloped streets in this area. Steve Paidosh has met with the City of Orono to discuss this and the items needed for the application. There is currently a storm sewer catch basin and pipe running northerly and draining into Lake Minnetonka. Homeowner was in discussion with the City of Orono regarding moving the pipe. Upon final determination we will prepare an easement exhibit for the storm sewer pipe in favor of the City of Orono. Regards, as...... G David B.Pemberton,Professional Land Surveyor License Number 40344 '::''''''''':''''='-':::7:::::------' 7:.,77,7-4,75:4,-,,,17-::.;7t7T÷,."11-1=7--:—;i:,77::::,77.,:-7---1 _,,,,,H;''''''i7,1::.7.,=H:!:•"L:;°F''i:Y=.7'-'7,:::::-'1:=:.r:::__,H7-,x71:171,,,.'-'77.:::::_;47:-:-;72'.":"-`4.H7.._n-zt.,:1-- ,-.;:;,.:.-.iu:':-_„..,_n2,t,tcfl,......r,:L:::.;=7if..t:i:'::T.,::::::;.=:z':„;:..:.1:.77,r; 404, S''''tii:`.; / ......� `«I. �, PARCEf._ g A8 y, / / o `C . de `Imo,1 \' \ �._ / SURVEY LEGEND �1 $, �' '�-- ( V''''�'•„,63e.SII 14 ' �'. e ,r117117, •. rtwu•n.w•- l' Cl \,, I•w^°R'�i,n Wi°•K (}L F SIO-' t"a $. � IJ r.r±4 ..._ ii..,,,::,t,,,,,,,, ,,,,,,,..\,.:...!_,J"..,-.-7—_, ,...--. -...,,,,„_,...,.....---,,,,_________ ..„2_,,,L.--__.— .--,--. , -.1 It1 PARCEL I rr ;!:/;'-' >..m.d.,, / y, ri� ;Oel• W.® ti " d df� \ 0 r \ \ •rte rN,�. 1m' a ' l / I .^:. \ fit$R' a,- d �o �e w \ ETONKA i 5 i,ia 1 —r' ii �.._.., �. ® \ \ LAKE�F",aREST LAKE) S� o 'Or fs»�.w a__ , i V A ..,.4.7"---,,,,,::„ __„... \1,,;,,. ....-:; — _ —� , , (4..„... ,.„ -i, , .„ ,f.,,_ y ,„ 1 i , i ., y ,- -„, , _ - 1 i __ _ <^ \ \\\ \\ ,�' I�, IFS _ - - -- . I.e.GI^” �' ® ew,. ..n,...�.�,....�. ,..."".::�.':�".."...r..,r.... __�.....,,,.,... „w., cn, STREET VACATION EXHIBIT ..w. '"�,---w° -° 1 SATHRE-BERGQUIST,INC. �'� \I.,u L ,. .ar. w.,�.,.w.,u,,,,:,r,s.� MINNESOTA PREPARED FOR: .•.�k.o,,•�izi. A,,,. „— - .— `� ,r` MINNESOTA STEVE PAIDOSII � CMP Part 4A. Transportation Plan _`� o , A' ,. Designated Use and Current e .Y ID Access Name Plat Between Designated UPDATED 4-24-2018 or Street Section Address Use # Name #s Notes Brown's Bay(Lower Lake) 1 End of Orono Lane 2-S 1355/1385 Not open for public use; plat map indicates questionable abutment of shoreline -- Shoreline Drive - 2-S Across from Shore Fishing Hennepin County provides an informal parking area "Molly's Corner" 1410 and trashcans at this wide spot along Shoreline Drive; (Outlot A, Shoreline popular fishing spot;winter vehicular access feasible. Dragonfly Hill) Fire Boat dockage Smith Bay(Lower Lake) 2 Shoreline Drive at 10-S Adj to 1955 Winter Only Winter vehicular access allowed. Spates 3 North Shore Drive 10-S Tracts S&U, RLS 192; these tracts are on the steep at Shoreline Drive slope adjacent to Shoreline Drive; due to slope and safety issues this access point is not open for public use Crystal Bay -- North Shore Drive 9-S 2605/2655 No longer a public access ("Town Road") 4 North Shore Drive 8-S 3498/3510 Winter Only 30'wide platted road right-of-way at Baldur Park Road -- North Shore Drive 17-N 3685/3705 33' wide eastward extension of North Shore Drive east of Shadywood (Hennepin County jurisdiction) Road 5 Shadywood Road at 17-N 1998/2000 15.2' wide platted alley - closely abutting homes on Sunset Dr either side 6 Crystal Bay Road 17-S Adj to 2264 66'wide platted road extending to lakeshore;City also (West end) Shadywood owns 4 adjacent tiny lakeshore parcels to the east for an additional 200'of shoreline,over which a number of inland private parcels claim deeded access rights for "boating and bathing"... status currently under discussion 7 Crystal Bay Road 17-S 3405/3415 20' relocated alley from Railroad property to (Relocated shoreline;potential lake access from railway corridor. extension of The only known documentation is Doc.4507616 deed Bayview Place in filed Nov. 10,1908 from Wallace et alto Priebe which plat of "Wallace's states that the 20' strip is"heretofore taken for street Addition...") purposes" and notes that the platted alley between Lots 18 and 19 was vacated by the District Court. 8 Crystal Bay Road 17-S 3339/3345 25' wide platted roadway; contains municipal sewer (Platted extension of lines, potential access from neighborhood and Hillside Place) Railroad/Trail corridor to lakeshore Maxwell Bay 9 Gibbs Landing-Fox 4-S Adj to 3125 Pedestrian Tax records show access as Outlot A,owned by owner St. year-round, of 3125, City has easement over Outlot, City vehicles winter maintains access only City of Orono Community Management Plan 2020-2040 Part 4A, Page 17 CMP Part 4A. Transportation Plan Stubbs Bay �a}� ,erivecn DeSly. e ti 'tt Address#>s t 10 Eastlake Street 5-N 3424/3465 Winter Only 30'platted road gated March 1 -Dec. 1 11 Bayside Rd. at 5-N 3580/3640 Fishing Dock 33' platted road ("Oak Street" in plat of"Bay View Stubbs Bay Rd. Park") Also used for winter access by snowmobiles off Luce Line 12 Bayside Rd 5-N Across from NA Two 60'platted roads and one 65'platted road to the 3640,3700, Lake(Park, Spring,and Maple Streets in plat of Bay 3750 Bayside View Park;and Theresa St.in plat of Ottoville on Lake Minnetonka). These potential access points are not opened for public use. 13 Bayside Rd. 5-N West side of NA 30'realigned platted road(Realigned"Lake Street"in 3775 Bayside the plat of Ottoville on Lake Minnetonka)(See street file 3775 Bayside).Not opened for public use. 14 Westlake Street 5-N 372/389 30'platted road right-of-way extending to lakeshore; walking access only. North Arm Bay 15 Park Lane 6-S 607/649 Fishing Dock 60'wide platted road,paved to shoreline-usable for boat launch but there is no parking available 16 Oak Street 6-S Adj to 4119 30'wide platted road,not developed,steep slopes and ravine limit use 17 Baldur Park Road 8-S Across from NW end of platted developed road as it extends to 1384/1392 shoreline 18 Oak Place (Platted 8-S 3768/3818 40' wide platted undeveloped road extending from road in plat of North Shore Drive across platted Cherry Ave to "Crystal Bay DDorth Shore shoreline;mostly wetland or under water View") 19 Sandy Beach 8-S 3898/3908 Swimming 60'wide platted roadway used for City beach (Extension of Maple Cherry Ave Beach Place) 20 Grant Street 8-S 1310 Spruce/ 50'wide platted road,undeveloped 1330 Cheny P1 21 Spruce Place 8-S 1250/1260 40' wide (remaining after partial vacation) platted roadway,undeveloped 22 Loma Linda Avenue 8-N 1098/1130 Fishing Dock 40'wide platted road;also useful for vehicular access Forest Lake 23 Forest Lake Landing 7-N 4415/4440 60' wide platted road right-of-way , access not developed,walking use only 24 Elmwood Avenue 7-N South of 1199 20'wide platted road/alley undeveloped right-of-way leading to shoreline 25 "Summit Ave • .. I 1 wr.- . . . .._ •- - ..•d right-of-way to of shoreline Elmwood Avenue) 26 "Buff Street" 7-S West side of 50' wide platted road right-of-way to shoreline, not 1453 Park Dr developed West Arm Bay 27 - . Shore Drive 7-S "4795" 33'platted right-of-way corridor extension o west en. .. .__ 19 plus tax-forfeiter . I ' .- ., :ergquist and to Orono/M'trista "'��' wiclnuna's Par ...'; undeveloped corridor primarily border) for drainage purposes due to very steep slopes City of Orono Community Management Plan 2020-2040 Part 4A, Page 18 CMP Part 4A. Transportation Plan ID Access Nanle PI'. t' Ilht,9„' e b a - z- 1: ' • , '"'aS " ti `;4:-':.-.:P" .� �a e ®i £ a® , s • y 28 North Shore Drive 7-S 4731/4745 40' platted road right-of-way extension in plat of at "Adams Street" "Bergquist and Wicklund's Park..." undeveloped, Extension very steep,used for drainage 29 Rest Point Lane 7-S 1340/1345 33' platted right-of-way corridor, pavement does not extend to lake 30 Rest Point Road 7-S 1405/1410 16' platted road right-of-way widens to about 40' at shoreline,paved but no boat launching available 31 Orchard Beach 7-S West of 1530 50'platted road right-of-way extends to shoreline;tree Place growth and topography limits vehicular access 32 Highwood Lane 7-S 4156/4167 20'platted alley right-of-way to shoreline;steep slope Extension Highwood Rd to shoreline,undeveloped 33 Highwood Road 7-S 4051/4075 20' platted alley right-of-way to shoreline, not Alley developed 34 Corral Road 17-N 1785/1825 20'platted alley mainly for drainage but also walking Extension Concordia access 35 Eagerness Point 18-N Across from Accretions to the 40'originally platted road in the plat Accretions 1965/1985 of"Eagerness"; title registrations by most abutting Eagerness Pt owners have resulted in dedicated right-of-way no Rd longer abutting shoreline; it appears that there is no public access remaining Spring Park Bay 36 Casco Point Beach 20-S 2871/2879 Swimming 60' wide platted road ("Carman St") used as a City Casco Pt Rd Beach swimming beach 37 Casco Circle 20-S 3195/3205 60'wide platted road right-of-way to shoreline at the south side of Casco Circle-undeveloped Carmans Bay 38 "Ivy Lane" (Ivy 20-S 3486/3508 60' wide platted road right-of-way extending to Place) shoreline east of Ivy Place-steep,used for drainage 39 "Spring Street" 20-S 2600/2618 40' wide platted road right-of-way from Casco Point Casco Pt Rd Road to shoreline along south side of plat of"Kaster Cove"-undeveloped,walking access only 40 Carman Street 20-S 2490 Carman/ 30' wide platted road right-of-way extending to 3555 shoreline,fishing dock Frederick 41 Lydiard Beach 20-S End of Swimming 66' wide platted road right-of-way extending to Lydiard Rd Beach shoreline,used as a City swimming beach Big Island A N. End of "Lawn 23-N 110 33' wide platted roadway adjacent to Lot 46, Morse Avenue" Island Park B E. end of "Tooisit 23-N 110/120 33' wide platted roadway adjacent to Lot 45, Morse Avenue" Island Park-slope makes use difficult C Unnamed Street 23-N 120/140 90' wide platted r'dway between Lots 38 and 39, Morse Island Park - City has established drivable gravel road for emergency&service vehicle access D "Bay Place" 23-N 210/260 50'+/-wide platted roadway between Lots 21 and 54, Morse Island Park City of Orono Community Management Plan 2020-2040 Part 4A, Page 19 CMP Part 4A. Transportation Plan it_ ..C�. 3�xi `,,fid ' �>x ��` �- � `��"�.. �;?, E "Meadow Lane East 23-S 280/290 20' wide platted roadway between Lots 59 and 60, Extended" Morse Island Park-steep slope makes use difficult F "Meta-Comet 23-S 340 33'wide platted roadway between Lot F Morse Island Avenue South" Park and Lot 3,Morse Island Park 2nd Addition G "Massasolt Avenue 23-S 440/450 33'wide platted roadway between Lot 1,Morse Island West End" Park and Lot 1, Scrivers subdivision of Lot E,Morse Island Park-steep slope H "Meadow Lane 23-S 450/460 16'platted alley between Lots 5 and 6,Morse Island Alley" Park-drivable for emergency and service vehicles I "Pleasant View 22-S 570/600 30' platted roadway between Lot 9, Pleasant View Street" Lake Minnetonka and Lot 3,Island Pointe City of Orono Community Management Plan 2020-2040 Part 4A, Page 20 IttMinnesota Department of Natural Resources - 1200 Warner Road • St. Paul,MN • 55106 MNDNR April 25, 2019 City of Orono Melanie Curtis City Planner 2750 Kelley Parkway Orono, MN 55356 Re: Proposed Vacation of 50 foot wide Bluff Street right-of-way between 4300 North Shore Drive and 1453 Park Drive, including the approximate 50-foot segment of Forest Blvd right-of-way at the Lake Minnetonka/Forest Lake lakeshore. Dear Ms. Curtis, Thank you for seeking input from the Department of Natural Resources regarding the above referenced proposed vacation. Your letter was forwarded to me to review and provide comments as required by M.S. 412.851. M.S. 412.851 indicates that "No vacation shall be made unless it appears in the interest of the public to do so." In response, "The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2)the present and potential use of the land for access to public waters;and (3)how the vacation would impact conservation of natural resources." The DNR has reviewed the proposed vacation of the right-of-way abutting the public waters of Lake Minnetonka/Forest Lake in the city of Orono, and we offer the following comments: The proposed vacation public benefit:There is nothing in the application/letter or survey that indicates a benefit to the public. Present and potential use of the land for access to public waters: As land use patterns change this right of way has potential for access to land and water that may be of vital importance in 50 to 100 years. Fluctuation in lake levels either seasonal or long term can be unpredictable and the city may find the right of way of both roads invaluable for emergency access and property owner access during these events. We ask the city to consider this. We recommend to the city that another means is selected to work with the requestor. For instance,the applicant may request a variance to the setback requirements. If the city chooses to vacate the right of way,we strongly recommend that, in addition to retaining an easement for drainage and utility,the city explicitly retain the right of the public to travel across the property as well. www.dnr.state.mn.us ft AN EQUAL OPPORTUNITY EMPLOYER +iii PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE In summary,the Department of Natural Resources concludes that the proposed vacation does not provide public benefits or protect present and potential public use of the land to access to the public water and is opposed to the vacation. If you have any questions or concerns about this letter, please contact Nancy Spooner-Mueller,with DNR Parks and Trails Division, at Nancy.spooner-mueller@state.mn.us. You may contact her by phone at 651-259-5874. Thank you for the opportunity to comment on the proposed vacation. Sincerely, "44( 44(.., Keith Parker, Central Region Director Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN 55106 www.dnr.state.mn.us AN EQUAL OPPORTUNITY EMPLOYER �i�i PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE 700 West Linden Avenue Aft CenterPoint, PO Box 1165 Energy Minneapolis,MN 55440-1165 March 11, 2019 Melanie Curtis Planner 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 952-249-4627 mcurtis@ci.orono.mn.us RE: Vacation ROW 4300 North Shore Dive and 1453 Park Drive Dear Melanie Curtis CenterPoint Energy has no objection or issues related to Vacation ROW at 4300 North Shore Dive and 1453 Park Drive. Thank you for the advance notice. If you have any questions, please feel free to call me at 612-321-5381. Respectfully, CENTERPOINT ENERGY C� - U Chuck Mayers, SRWA Right of Way Agent III charle.mayers@centerPointenergy.com pc: Keith F. Collver, C&M Supervisor, CenterPoint Energy David A. Olson, C&M Advance Foreperson, CenterPoint Energy Dan Christensen, Area Engineer, CenterPoint Energy Andrew Balgobin, Engineering Administrator �°moo CITY OF ORONO Street Address: Matting Address: f Telephone(952)249-4600 2750 Keltay Parkway RO,Box 66 Fax (952)249.4616 Orono,MN 55356 Crystal Brig,MN 55323 www.ci.orono.mn.us • ICES H 0C II 8 March 2019 Chuck Mayers CenterPoint Energy PO Box 1165 Minneapolis, MN 55440-1165 RE: File# LA19-000004 ROW Vacation -- Between 4300 North Shore Drive and 1453 Park Drive The City of Orono has been requested to vacate the 50 foot wide "Bluff Street" right-of-way between the properties at 4300 North Shore Drive and 1453 Park Drive, including the approximate 50-foot segment of"Forest Blvd" right at the lakeshore. We are not aware of any utilities located within the existing easements(other than the City's storm sewer); however, we request your confirmation of this. Enclosed is the certificate of survey showing said right- of-way. Please advise whether you have any objections to vacation of the right-of-way as shown. This item will be on the May 20th Planning Commission Meeting agenda for a public hearing. If you have any comments or input on this issue, receipt of your comments by or before Monday, May 6th would be appreciated. Please contact me at mcurtis(a�ci,orono,mn,us or 952.249.4627 if you have any questions. Thank you for your input. Sincerely, CITY OF ORONO IWO 0Aiblaile\ Melanie Curtis Planner Enclosures c: via email ,e.s SUS` SATHRE-BERGQUIST INC. r 150 SOUTH BROADWAY, WAYZATA, MINNESOTA, 55391 TEL:(952)476-6000 wrB:www.SATHRE.COM FRS p�p� NARRATIVE FOR PAIDOSH VACATION REQUEST Owner: Steve and Jennifer Paidosh. March 1,2019 4300 North Shore Drive Orono,MN 55364 Attn:Jennifer Applicant: Sathre-Bergquist,Inc. 150 Broadway Ave.S. Wayzata,MN 55391 Attn:David Pemberton Steve and Jennifer Paidosh,with consideration and acknowledgment of the neighbor at 1453 Park Drive,Orono,MN 55364,are requesting the vacation of undeveloped Bluff Street and Forest Boulevard as dedicated on the plat of"Saga Hill Revised, Hennepin County, Minnesota". Upon vacation half of the vacated area would accrue to 4300 North Shore Drive and 1453 Park Drive. • This vacation request would be congruent with the vacations of adjoining Forest Boulevard and the other undeveloped streets in this area. Steve Paidosh has met with the City of Orono to discuss this and the items needed for the application. There is currently a storm sewer catch basin and pipe running northerly and draining into Lake Minnetonka. Homeowner was in discussion with the City of Orono regarding moving the pipe. Upon final determination we will prepare an easement exhibit for the storm sewer pipe in favor of the City of Orono. 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SATHRE-BERGQUIST,INC. ree .mw�T..ru. wla.+Eeea ORONO, PREPARED FOR: ,nom w'd'.0.0101101•01.41.17..Cr laml.p ll.... .`__ S raoEeun.eauowr wnTn.Tw.l.ain as* ---»11 N � � tq.r ,r`` MINNESOTA STEVE PAIDOSH 1 tia 77s 7R ' us W l / l Q O �t M • -y- 0 W 7� �1 W O 4t), 0 M _- ,r, _ _pARK-DR 576, c, a25 M PPI4"*C�-. s48,96�z s —_ SAGA HILL —.1 RKr y\ NQ�i�./l-.c�/. ,\i\,' From: Adam Edwards To: Melanie Curtis Subject: RE: REVIEW#LA19-000017/4300 NSD&1453 Park Dr(VACATION of Bluff Street&Forest Blvd) Date: Thursday,March 7,2019 2:23:14 PM Comment: 1. The right of way currently serves as a city drainage way. There are catch basin and storm pipe that drain the surrounding are located within the right of way. The right of way should not be vacated while it serves a public purpose. 2. The city could consider encroachments within the ROW as long as they do not impact its current public use. 3. The city should entertain any request from 4300 to have their driveway access moved to park drive via the ROW. Adam From: Melanie Curtis Sent:Wednesday, March 6, 2019 4:30 PM To: Adam Edwards<aedwards@ci.orono.mn.us> Subject: REVIEW#LA19-000017/4300 NSD & 1453 Park Dr(VACATION of Bluff Street& Forest Blvd) Adam Please review and comment on the requested vacation of ROW. See the attached plans and narrative. This will go to the PC for public hearing on May 20th, please provide comments by or before May 6th tatitigiA2 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. 27 March 2019 Ms. Melanie Curtis Planner City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: Application#LA19-000017 for Vacation of Public Right-of-Way for"Bluff Street"and "Forest Boulevard" This letter is to inform you that I'm willing to accept the addition of the eastern most 25' of Forest Boulevard and Bluff Street to my property as defined by the most current Sathre-Berquist, Inc. survey titled "Street Vacation Exhibit"for Parcel 2 that was prepared for the Vacation of Public Right-of-Way Application #LA19-000017 submitted to the City of Orono by my neighbor Mr. Stephen Paidosh. I realize the addition of the vacated property may allow me to expand my current home. However, I fully understand there is no guarantee of this opportunity. I understand the acceptance of this vacated property does not require that I expand my current home either now or in the future. If you have any questions, please feel free to contact me by phone at 441-505-2493 or by email at jok@renre.com . All the best, Justin O'Keefe 1453 Park Dr Orono, MN 55364 RUN DATE:03/04/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 07-117-23 31 0035 38 07-117-23 42 0015 38 07-117-23 42 0034 ERIC MEISEL&AMY Y MEISEL M ABELS&J A STROM JR CITY OF ORONO 1355 VINE PL 1462 PARK DR 1380 VINE PL ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 ERIC MEISEL MARLENE ABELS CITY OF ORONO AMY YANIK MEISEL JOHN ANDREW STROM JR P O BOX 66 1355 VINE PL 1462 PARK DR CRYSTAL BAY MN 55323 MOUND MN 55364 MOUND MN 55364 38 07-117-23 42 0001 38 07-117-23 42 0016 38 07-117-23 42 0037 J D FLINN&D DIEDERICH F&K SHEARER THOMAS EDMUND LINDER 1310 VINE PL 1405 PARK DR 1360 VINE PL ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JASON D FLINN FREDERICK J SHEARER THOMAS EDMUND LINDER DARCY DIEDERICH 1405 PARK DR 1360 VINE PL 1310 VINE PL MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 42 0002 38 07-117-23 42 0019 38 07-117-23 42 0039 R J STERLING&K E STERLING R L HOWELLS&J M HOWELLS K SUNGAARD-RIISE/J RASE 1300 VINE PL 1423 PARK DR 4340 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 RICK J&KRISTINE E STERLING ROBERT L&JEAN M HOWELLS KIRSTEN SUNGAARD-RIISE 1300 VINE PL 1423 PARK DR JAN RASE MOUND MN 55364 MOUND MN 55364 4340 NORTH SHORE DR MOUND MN 55364 38 07-117-23 42 0003 38 07-117-23 42 0020 38 07-117-23 42 0040 D D CARLSON&M J CARLSON ROBERT KIMMEL&ANNE KIMMEL WILLIAM T SCHOENING 1325 VINE PL 1435 PARK DR 4380 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 DON D&MARY J CARLSON ROBERT KIMMEL&ANNE KIMMEL WILLIAM T SCHOENING 1325 VINE PL 8046 DOUG HILL 4380 NORTH SHORE DR MOUND MN 55364 SAN DIEGO CA 92127 MOUND MN 55364 38 07-117-23 42 0004 38 07-117-23 42 0021 38 07-117-23 42 0041 DAVID R YANIK P J SCHLENDER&M R PALM DANIEL P HOLLERMAN 1345 VINE PL 1447 PARK DR 1375 VINE PL ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 DAVID R YANIK P J SCHLENDER&M R PALM DANIEL P HOLLERMAN 1345 VINE PL 1447 PARK DR 1375 VINE PL MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 42 0009 38 07-117-23 42 0022 38 07-117-23 42 0042 CITY OF ORONO TONKA INVESTMENT CO LLC BRIAN J BRANTNER 38 ADDRESS UNASSIGNED 1453 PARK DR 1415 PARK DR ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 CITY OF ORONO TONKA INVESTMENT CO LLC BRIAN J BRANTNER P O BOX 66 545 DICHENE CIR 1415 PARK DR CRYSTAL BAY MN 55323 MAPLE PLAIN MN 55359 MOUND MN 55364 38 07-117-23 42 0010 38 07-117-23 42 0023 38 07-117-23 43 0003 CITY OF ORONO S R PAIDOSH&J P PAIDOSH SEAN MCDERMOTT&G MCDERMOTT 38 ADDRESS UNASSIGNED 4300 NORTH SHORE DR 1530 ORCHARD BEACH PL ORONO MN 00000 ORONO MN 55364 ORONO MN 55364 CITY OF ORONO STEPHEN R/JENNIFER P PAIDOSH SEAN MCDERMOTT P 0 BOX 66 4300 NORTH SHORE DR GINA MCDERMOTT CRYSTAL BAY MN 55323 MOUND MN 55364 1530 ORCHARD BEACH PL MOUND MN 55364 38 07-117-23 42 0012 38 07-117-23 42 0024 38 07-117-23 43 0013 S M SIGEL&S E SIGEL E S LOPEZ&D J EDLUND FRANKLIN J HARDIN LIVING TR 1399 PARK DR 4330 NORTH SHORE DR 1496 PARK DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 STEVEN M&SHEILA E SIGEL ERIC S LOPEZ/DEBRA J EDLUND FRANKLIN J HARDIN 1399 PARK DR 4330 NORTH SHORE DR 1496 PARK DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 42 0013 38 07-117-23 42 0030 38 07-117-23 43 0014 MICHAEL MAIN&MELISSA MAIN R J CHERBA WEALTH TRUST PETER H SCHWARZKOPF ET AL 1422 PARK DR 1350 VINE PL 4240 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 MICHAEL MAIN&MELISSA MAIN RICHARD JOHN CHERBA PETER H SCHWARZKOPF 1422 PARK DR 1340 VINE PL JENNIFER L SCHWARZKOPF MOUND MN 55364 MOUND MN 55364 4240 NORTH SHORE DR MOUND MN 55364 38 07-117-23 42 0014 38 07-117-23 42 0031 38 07-117-23 43 0017 G L SCHULTZ ETAL R J CHERBA WEALTH TRUST D TWOMEY&C A TWOMEY TRSTS 1442 PARK DR 1340 VINE PL 4415 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 GEORGE L SCHULTZ RICHARD JOHN CHERBA DARLA TWOMEY 1442 PARK DR 1340 VINE PL 4415 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 RUN DATE:03/04/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 07-117-23 43 0018 ANDREW SCHMIDT TRUST 4395 NORTH SHORE DR ORONO MN 55364 ANDREW H SCHMIDT JAMIE L LOHR 4395 NORTH SHORE DR MOUND MN 55364 38 07-117-23 43 0024 N M DELTON&L N DELTON TRS 1535 ORCHARD BEACH PL ORONO MN 55364 NANCY M&LESLIE N DELTON 1535 ORCHARD BEACH PL MOUND MN 55364 38 07-117-23 43 0025 FELICIA L WYSOCKY SUBJ/L E 1555 ORCHARD BEACH PL ORONO MN 55364 PATRICIA H WYSOCKY 1555 ORCHARD BEACH PL MOUND MN 55364 38 07-117-23 43 0026 INVEST CAPITAL GROUP LLC 1565 ORCHARD BEACH PL ORONO MN 55364 INVEST CAPITAL GROUP LLC 1565 ORCHARD BEACH PL MOUND MN 55364 38 07-117-23 43 0027 DAVID B ERICKSON 1448 PARK DR ORONO MN 55364 DAVID B ERICKSON 1448 PARK DR MOUND MN 55364 38 07-117-23 43 0028 BRADLEY A CLEVELAND TRUSTEE 4315 NORTH SHORE DR ORONO MN 55364 BRADLEY A CLEVELAND 4315 NORTH SHORE DR ORONO MN 55364 38 07-117-23 43 0031 NICHOLAS W J SUMMERS 4365 NORTH SHORE DR ORONO MN 55364 NICHOLAS SUMMERS 4365 NORTH SHORE DR MOUND MN 55364 38 07-117-23 43 0032 CHARLES TYE&LISA C DUNN 4345 NORTH SHORE DR ORONO MN 55364 CHARLES TYE 4345 NORTH SHORE DR MOUND MN 55364 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: 3/1/2019 .c` Spy i `i } ,%1 ./ r s � 11111 - fr gitto 'f y"t-. s 4. �y "# ry. Ax t _ ri ��f1'tW 00 '4;1 ['.? <-3744 e/' t�> • t i. 1 _ E ilt , • ‘ . . ... ...... ,. , ,.. ,..- •, ..1,,.=__4,, tIA iii.1 S park•Dr est Lake Charrrre. - ' 4111111k / - - r__ eta ,,', , imimmas,....... , gig* y ,,,,.':' :,,,''...%;-'7,_' - t 1 ,,i-,,....“-: * , ' t*,1,1,:'',•.F:k:::::''' -; :::c:ik,-.:',',, - ,...„...p.,$: ,_.2,.., ..,,.., ,1/4., 1111 ----et 1'. ,,:e;; {tom A;',-,,: f �3 • 5 i Vii. 4 y�'. .,;•3 ?i. 'Si n1 E 't `f.vii 1 _?1 - � ..C• Oi : =t4IhWOo6 Buffer Size: 350 0 100 200 400 Feet Map Comments: I I I I I I I I l This data (i) is furnished 'AS IS with no representation as to completeness or accuracy; (i)is furnished with no warranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shut not be I i abl a for any damage,injury or loss resulting from this data. For more information,contact Hennepin CountyGIS Office 300 6th Street South,Minneapolis,MN 55487/gls.info@hennepin.us x r N.1 r s Y _ 4 l - . V. .-..!i:1 —7, ... , ,_. Sf .As •' 1 - ,r 1 r 1 'ti* % k` i 9 \ ( ,`:`` ,\ �" n Vis` 5551 N.A. { *143 • i ti . { '`::: 13 S a '• 1 i11�` — .` / i l 1 .., ,.. 1 n �4 /` ---- � vl U v 111 x^ I i S 0ttt 1 ' 'Illtt\I\ i i I ti '`. t , :t x G-s• ..t z ="sn :;sr�S ;s - rrf. -;.;,.; ,t,'--,;...-:;,/,..,,` 13 I. $$ 'ill ..,1 _ / :`_` /", ttr \ \l ', \ .'t .' 1 \ 1 4 it { 9 2t 1 \� Date Application Received: April 17,2019 �O�VO Date Application Considered as Complete:April 25,2019 60-Day Review Period Expires: June 24,2019 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 9ktSHO0 From: Laura Oakden, Planner Date: May 21,2019 Subject: LA19-000027, Mike,Johnsrud, 135 Luce Line Ridge,Variance, Public Hearing Application Summary: The applicant is requesting a variance to exceed the allowed square footage for an oversize accessory structure from 1200 to 1,432 square feet. Staff Recommendation: Planning Department Staff recommends denial of the request. Background The property is located in a planned residential development within the RR-1A zoning district. The property is permitted to have a total of 2,400 accessory building square footage. It is permitted to have one oversized accessory structure but no single structure may exceed 1,200 square feet. The existing detached building was built in 2017.The property owner is requesting to add a 280 square foot addition to the existing 1,152 square foot building creating a 1,432 sq.ft building. This would be 232 sq.ft over the allowed 1,200 sq.ft footprint. The applicant refers to the addition as a "lean-to" but the addition will be fully enclosed and secure.The code allows a second accessory structure (not to exceed 999 sq.ft) on the property. LOT ANALYSIS WORKSHEET Section 78-395-Setbacks: DISTRICT RR-1A/ PRD Required per PRD Existing Proposed Front 50' +/- 140' No Change Rear 100' +/- 154' No Change Side (West) 20 +/- 115' No Change Side (East) 20' 61.5' 57' Section 78-395- Lot Area/Width: DISTRICT RR-1A/ PRD Lot Area Lot Width Required 217,800 s.f. (5 acres) 300' Actual (approve with PRD) 116,740.8 s.f. (2.68 acre) 278' Applicable Regulations: Variance (78-1434) No accessory building shall exceed 1,000 square feet of footprint area; except that accessory buildings in excess of 1,000 square feet shall be considered oversized and will be allowed under the following conditions: LA19-000027 May 20,2019 Page 2 of 5 (2)An OAB is regulated by the following table: Lot Area Maximum Individual OAB Maximum Allowed Total of All Accessory Building (acres) Footprint Area (square feet) Footprint Areas on a Property (square feet) 2.00-3.00 1,200 2,400 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 applicant has stated their intent is to add to an already existing oversized building instead of building a new separate building. The request doesn't not meet the intent of the ordinance to limit the sizing of OAB based on lot size. 2. The variance is consistent with the comprehensive plan.Oversize Accessory buildings are permitted and 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; "I intend to add on to an existing structure rather than build a new structure. Adding a lean-to on to the existing structure is reasonable for financial, environmental and neighborly good. We have been told that we are able to build a new structure up to 1000 sq. feet but this lean to would be much smaller, 1/4 to 1/3 the size of a new stand alone structure." b. There are circumstances unique to the property not created by the landowner; "Our issues are three fold:financial, environmental and neighborly. Financial - an addition on to our existing structure will cost significantly ('50%) less than building a new structure. Materials and labor(smaller than a new structure,less wall square footage, able to use existing building as 25% of this project), sitework(there is existing gravel where this project will be placed,there will not have to be any prep work, we will cut down zero trees with with a lean to). Landscaping will be close to zero (gravel there now. Will not have to augment LA19-000027 May 20,2019 Page 3 of 5 driveway or remove any soil to accommodate a lean to). Neighborly, we will have increased setback distance than required, remove zero trees, keep the "wild brush barrier" between us neighbors,therefore,the neighbor won't have clear line of sight to the lean to. Plus we will use the same exterior products on the lean to that we used on our existing structure.An addition on to our existing structure is less cost, more environmentally friendly and the more neighborly choice." and c. The variance will not alter the essential character of the locality. "This variance would increase the character of the locality by not removing trees, by not disturbing the environment, by not removing the "wild brush barrier," and by not having to haul fill in our haul fill out.This lean to will not be able to be seen from the road in front of our house.A new stand alone structure would be able to be seen from the road." 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. The applicant has stated that economic considerations have been a factor as well as environmental and neighborly. 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 an Oversize Accessory Structure is an allowed use in the PRD/RR-1A 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. No special conditions apply to allow for a larger oversize accessory building then what is permitted. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant states trying to make everyone adhere to the same standards does not work and should be looked at as a case-by-case basis. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Allowing this variance will allow for further enjoyment of the property by creating addition storage space to keep possessions secure. 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.The applicant states allowing the variance will increase safety and health for the applicant because they won't have to worry about their possessions. The applicants statement can be met by also following the City Code preventing the need for a variance. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism. The applicant has concerns regarding safety and security of their possessions. The request for a variance does not establish any demonstrable difficulty unique to the property. LA19-000027 May 20,2019 Page 4 of 5 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. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system, and has determined that the project is not likely to impact the existing or future septic sites. 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 the submitted application does not meet the practical difficulties standards. The applicant has indicated they can meet the City Code by building a separate accessory structure. There are not any unique circumstances with the land or the use to support a variance to allow an accessory building larger than the code would permit. The applicant has not demonstrated that the property is unique to support the variance,and the use of the property has been achieved via the construction of the home and the 1,152sq foot accessory structure. Public Comments To date, no public comments have been received.The applicant submitted neighboring signatures. Issues for Consideration 1. Does the Planning Commission find that the practical difficulties are met for this request? 2. Does the Planning Commission find there are unique circumstances with the property, that don't also pertain to other properties? 3. Economic considerations alone do not constitute practical difficulties. Does the Planning Commission conclude any other findings where the applicant must receive this variance and cannot meet the city code in any way? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial based on the submitted practical difficulties. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Narrative Exhibit F. Neighboring property signatures Exhibit G. Property Owners List and Plat Map LA19-000027 May 20,2019 Page 5 of 5 Letter View PC Land Use Application Summary LA19-000027 Exhibit A Application Date: 04/17/2019 Address: 135 LUCE LINE MAPLE PLAIN, MN 55359 Parcel Number: 3111823340007 Land Use Number: LA19-000027 Application Submitted By: Property Owner Owner: Name: MICHAEL H JOHNSRUD Address: SUZANNE D JOHNSRUD 135 LUCE LINE RIDGE MAPLE PLAIN, MN 55359 Applicant: Name: Mike Johnsrud Company: Address: 135 Luce Line Ridge Orono, MN 55359 mhjohnsrud@comcast.net Contact Information: Associated Contact: MICHAEL H JOHNSRUD Associated Contact: Associated Contact: Associated Contact: Project Description: Variance request for a lean-to Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision Concept Application Conditional Use Permit El Site Plan Application Subdivision Application 0 Subdivision Exception 0 Vacation Application Variance Application El Applicant Signature: *JA#410 file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(7).htm[5/16/2019 2:14:06 PM] Letter View PC PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000027 LA19-000027 Exhibit B The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: I intend to add on to an existing structure rather than build a new structure. Adding a lean-to on to the existing structure is reasonable for financial, environmental and neighborly good. We have been told that we are able to build a new structure up to 1000 sq. feet but this lean to would be much smaller, 1/4 to 1/3 the size of a new stand alone structure. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Our issues are three fold: financial, environmental and neighborly. Financial - an addition on to our existing structure will cost significantly ('50%) less than building a new structure. Materials and labor (smaller than a new structure, less wall square footage, able to use existing building as 25% of this project), sitework (there is existing gravel where this project will be placed, there will not have to be any prep work, we will cut down zero trees with with a lean to). Landscaping will be close to zero (gravel there now. Will not have to augment driveway or remove any soil to accommodate a lean to). Neighborly, we will have increased setback distance than required, remove zero trees, keep the "wild brush barrier" between us neighbors, therefore, the neighbor won't have clear line of sight to the lean to. Plus we will use the same exterior products on the lean to that we used on our existing structure. An addition on to our existing structure is less cost, more environmentally friendly and the more neighborly choice. 3. The variance, if granted, will not alter the essential character of the locality. sponse: This variance would increase the character of the locality by not removing trees, by not turbing the environment, by not removing the "wild brush barrier," and by not having to haul fill in our haul fill out. This lean to will not be able to be seen from the road in front of our house. A new stand alone structure would be able to be seen from the road. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Our hardships are economic (financial), environmental and neighborly as I listed above. 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 116106, Subd. 2, when in harmony with this Chapter. Response: With this lean to we will be sheltering our trailer, providing more security for our trailer and possessions, storing of equipment under a roof thereby increasing security. This addition to our existing structure will not be noticeable from the road unlike a new larger structure would be. 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: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as vo-family dwelling. Response: NA file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(9).htm[5/16/2019 2:14:53 PM] Letter View 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 are that with an addition (lean to) to our existing building our setback distances are increased over what the could be if we were to build a new stand alone structure. This is a good neighborly gesture. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: As mentioned earlier, I believe that every application has to be reviewed one by one. Trying to fit everyone in Orono into "standard boxes" does not work. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: We are asking for a variance so that we can continue to enjoy our property in this area. This variance will allow us to have our possessions here at our home covered, secured and out of view of the public 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 increase safety of our possessions, increase health by not having to worry about our possessions in an unsecured area, and give an overall good feeling of comfort to have our stuff here at our house 12. The granting of such variance will not merely serve as a convenience to the applicant, but necessary to alleviate demonstrable difficulty. Response: We have had to store our trailer at an outside lot away from our house. 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FRONT ELEVATION a Do /y 0 to ,,-rt z Z w =JgOw a v 0_ = w W-1 w YM Q LEFT SIDE ELEVATION RIGHT SIDE ELEVATION 2 r 2 SCAL`: /8'=I'-0• �_ z a DRAWN BY: ADAM NOVACEK DATE: BACK ELEVATION 03-30-2019 SC/CE- /a•=r-o• SHEET 1 OF 2 r 2W 0 (am EE'3 _ J � J J a Ftj w 32D' 12'O wwiiSv�i 1-g430 zoos - iso 3» T NEW LEAN-TO ADDITION EXISTING POLE SI1ED f- N KO,LrIN Al KO fTh CD • R. • '-i. 15/12,01 ariff 9M. D C7 4 LlrillIllIllka. (1)Ct Z a f� ,� ZW w,. Z Z 2 J;: !;xewM uc 32 0 :oma... 0 w Z FLOOR ELAN LEAN-TO SECTION SCALE:I/4.=I'-0' SCALE:I/4.=I'-O' DRAWN BV: ADAM NOVACEK DATE: 03-30-2019 SHEET 2 OF 2 PC LA19-000027 Exhibit E Michael H and Suzanne D Johnsrud 135 Luce Line Ridge Orono, MN 55359 Narrative: We are requesting a variance to build a lean-to on to our existing structure. The purpose of a lean-to is to secure our possessions on our own property. A lean-to is the least expensive,the most environmentally friendly, and the most neighborly structure we can do to secure our possessions. As our plans depict,the lean-to would be approx. 282 sq. ft. in size with a property setback of approx. 57'. If we were to build a new standalone structure we could build up to 1000 sq.ft. with a side setback of 20'.This lean-to would not be visible from in front of our house and the exterior materials will match the existing structure. There is a direct correlation between the cost of a smaller lean-to vs. building a separate standalone structure. To build a lean-to will be approx. 50%the cost of a new standalone structure when you calculate materials, labor, site prep work,tree removal, landscaping,ground stabilization, etc. We have plenty of acreage to do a standalone structure; however,we would have to remove some (5) trees, remove and add fill, and build a retaining wall to build up the ground where a building would fit because of the grade of our lot. We are not trying to cram as much as we can on to our property. We are trying to secure our possessions and make sensible and prudent financial decisions about our property. Having our trailer in our own secured environment is a real-world no-nonsense approach and makes a lot of practical sense. The extra costs,the larger environmental impact and the chance of not remaining cordial with the neighbors makes granting this variance a no-brainer. Our neighbors,Scott and Shannon Burger(the neighbors on the side where this lean-to would go) have said that they would provide a letter of support in favor of a lean-to. Michael H and Suzanne D Johnsrud 135 Luce Line Ridge Orono, MN 55359 Legal Description: Lot 5, Block 1, PAINTERS CREEK, Hennepin County City of Orono hardships and extenuating circumstances: 1. Financial a. The cost to add a lean-to structure will be around 50% less than building a free standing structure b. Material costs on a lean-to type structure will be significantly less than on a free standing structure. Because we are able to use an existing outside wall, not mess with the soffits or overhangs, and only build 3 walls rather than 4, material and labor savings will be significant c. Landscaping around the new structure/soil stabilization costs additional funding needed d. Tree removal would be an added cost of approximately$1800 e. The lean-to will be built where gravel is currently. No excavation costs, no removing fill, no bringing in fill f. The driveway does not have to be improved or increased 2. Environmental a. If we add a lean-to structure, we will not need to cut any trees down. Less trees taken down is environmentally friendlier b. We would need to possibly take down five trees to accommodate a new building c. We would not need to redo the landscape around a lean-to but we would need to stabilize the disturbed soil around a new building d. The lean-to would be positioned on ground that currently is gravel. No excavation means no disturbing the surrounding environment e. No changes to the existing driveway with a lean-to 3. Neighborly a. Set back distance would be increased with a lean-to b. Can get a letter from my neighbor(the side that this lean-to would be on)stating they would prefer to see a lean-to added to our existing structure rather than a new building closer to their property c. Consistent look. A lean-to structure will match the existing building. A free standing structure has the ability to change up the materials therefore possibly creating a building with unpleasant characteristics d. A lean-to will not be able to be seen from in front of our house PC LA19-000027 Exhibit F April 29, 2019 Scott and Shannon Burger 165 Luce Line Ridge Orono, MN 55359 City of Orono Attention Ms. Laura Oakden Planner 2750 Kelley Parkway Orono, MN 55356 Dear Ms. Oakden, We are writing this letter in support of a variance request for an addition to the Johnsrud's shed. Our HOA unanimously supports this request, too. We are the family in our HOA that will have sight of this project from our property. The materials they are using and the proposed location will not be a noticeable difference to us. Please call if you have any questions. Scott and Shannon Burger Scott - 612-987-1182 Shannon — 612-599-8395 April 29, 2019 To: The City of Orono Re:Variance request for Johnsrud on Luce Line Ridge Please be advised that our home owners association took a vote and unanimously support allowing the Johnsruds to add onto their current outbuilding structure with the proposed"lean-to" structure for which they are requesting a variance. Should you have any questions,please feel free to contact me via email at: sbensonphd@imsn.com Thank you, Sonja Lockman Acting President, Painter's Creek HOA 115 Luce Line Ridge, Orono, 55359 PC RUN DATE:04/18/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWN LAI 9-000027 Exhibit G 38 31-118-23 31 0002 38 31-118-23 34 0007 38 31-118-23 43 0011 STATE OF MINN M JOHNSRUD/SUZANNE JOHNSRUD DAVID A DETERS 38 ADDRESS UNASSIGNED 135 LUCE LINE RIDGE 145 TURNHAM RD ORONO MN 00000 ORONO MN 55359 ORONO MN 55359 DNR REAL ESTATE MGMT MICHAEL H JOHNSRUD DAVID A DETERS ATTN DEBBIE GURTIN SUZANNE D JOHNSRUD 145 TURNHAM RD 500 LAFAYETTE RD 135 LUCE LINE RIDGE MAPLE PLAIN MN 55359 ST PAUL MN 55155 MAPLE PLAIN MN 55359 38 31-118-23 310007 38 31-118-23 34 0008 R A JOHNSON ET AL SUBJ/L E S BURGER&S BURGER 4575 WOLVERTON PL 165 LUCE LINE RIDGE ORONO MN 55359 ORONO MN 55359 REBECCA JOHNSON LANE SCOTT E&SHANNON N BURGER 4575 WOLVERTON PL 165 LUCE LINE RIDGE MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 38 31-118-23 31 0008 38 31-118-23 34 0009 G R&K A E KIRKPATRICK C M&R H PASSOW 4515 WOLVERTON PL 100 LUCE LINE RIDGE ORONO MN 55359 ORONO MN 55359 GREGORY&KATHY KIRKPATRICK CRAIG M&ROBIN H PASSOW 4515 WOLVERTON PL 100 LUCE LINE RIDGE MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 38 31-118-23 31 0009 38 31-118-2334 0010 D P&K L GRANDSTRAND Z GRAJCAR&K GRAJCAROVA 4435 WOLVERTON PL 80 LUCE LINE RIDGE ORONO MN 55359 ORONO MN 55359 DAVID P/KAREN L GRANDSTRAND ZDENKO GRAJCAR 4435 WOLVERTON PL KATARINA GRAJCAROVA ORONO MN 55359 80 LUCE LINE RIDGE MAPLE PLAIN MN 55359 38 31-118-23 33 0002 38 31-118-23 34 0011 STATE OF MINN ANIL CHAUHAN&A CHAUHAN 38 ADDRESS UNASSIGNED 30 LUCE LINE RIDGE ORONO MN 00000 ORONO MN 55359 DNR REAL ESTATE MGMT ANIL CHAUHAN ATTN DEBBIE GURTIN AMANDA CHAUHAN 500 LAFAYETTE RD 30 LUCE LINE RIDGE ST PAUL MN 55155 MAPLE PLAIN MN 55359 38 31-118-23 33 0009 38 31-118-23 34 0012 PAINTERS CREEK HOMEOWNERS JOEL B HARMER&K A HARMER 38 ADDRESS UNASSIGNED 4440 BAYSIDE RD ORONO MN 00000 ORONO MN 55359 PAINTERS CREEK HOMEOWNERS JOEL BRIAN HARMER C/O LORI MCGUIRE KRISTIE ANNE HARMER 25 LUCE LINE RIDGE 4440 BAYSIDE RD ORONO MN 55359 MAPLE PLAIN MN 55359 38 31-118-23 34 0002 38 31-118-23 34 0013 STATE OF MINN PAINTERS CREEK HOMEOWNERS 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 00000 DNR REAL ESTATE MGMT PAINTERS CREEK HOMEOWNERS ATTN DEBBIE GURTIN C/O SUZANNE JOHNSRUD 500 LAFAYETTE RD 135 LUCE LINE RIDGE ST PAUL MN 55155 ORONO MN 55359 38 31-118-2334 0004 38 31-118-23 34 0014 R J KANIVE&R A KANIVE PAINTERS CREEK DEVEL 45 LUCE LINE RIDGE 38 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 00000 RYAN J KANIVE PAINTERS CREEK HOMEOWNERS REBECCA A KANIVE C/O LORI MCGUIRE 45 LUCE LINE RIDGE 25 LUCE LINE RIDGE MAPLE PLAIN MN 55359 ORONO MN 55359 38 31-118-23 34 0005 38 31-118-23 43 0001 B R BALZER&J K BALZER STATE OF MINN 85 LUCE LINE RIDGE 38 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 00000 BARRY&JACQUELINE BALZER DNR REAL ESTATE MGMT 85 LUCE LINE RIDGE ATTN DEBBIE GURTIN ORONO MN 55359 500 LAFAYETTE RD ST PAUL MN 55155 38 31-118-23 34 0006 38 31-118-23 43 0009 STEVEN D&SONJA LOCKMAN TR CITY OF ORONO 115 LUCE LINE RIDGE 38 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 00000 STEVEN D&SONJA L LOCKMAN CITY OF ORONO 115 LUCE LINE RIDGE PO BOX 66 MAPLE PLAIN MN 55359 CRYSTAL BAY MN 55323 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:4/18/2019 ,kl f.Yl 451:, at ai 4)3 100 , 115 85 80 116'r 30 Orlir 45 (41 414Q 6Y1 25 az)ti31 Buffer Size: 500 0 50 100 200 Feet Map Comments: 135 Luce Line Ridge This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is fu m shed with no warranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not beliable forany damage,injury or loss resulting from this data. For more information,contact Hennepin CountyGlS Office 3006th Street South,Minneapolis,MN 55487/gis.infot hervnepin.us Date Application Received: April 22,2019 �O�VO Date Application Considered as Complete:April 29,2019 60-Day Review Period Expires: June 28,2019 4P To: Chair Ressler and Planning Commission Members �� Dustin Rief, City Administrator 9kESH°¢� From: Jeremy Barnhart, Community Development Director Date: May 20, 2019 Subject: #19-000028, Steve Eggert, O/B/0 Lake West Development, LLC, unaddressed PID 2011723420039,Variance from Subdivision requirements Public Hearing Application Summary: The applicant is requesting a variance from the code provision that requires a separate outlot providing access to a back lot. Staff Recommendation: Planning Department Staff recommends the Commission determine if the practical difficulties and other standards are addresses satisfactorily. Background The applicant desires to replat the property to provide Lot 1 with lake frontage on the lagoon (west)side of the property and an easement through Lot 1 to serve Lot 2. Replatting will be a separate process. Plat History. The properties involved are Outlot A and Lot 1, Block 1 of Ivy Place, a subdivision approved in June of 2018 (Final Plat, Exhibit C). Outlot A is owned by the original developer (now represented by the applicant) and Lot 1 is owned by Russell Kocon and Jacqueline Gibney. Ivy Place was originally divided into three parcels as part of the Casco Point Addition plat. These three parcels did not have direct connection to a public or private street; access was provided via an easement, since vacated. In 2017,the developer filed a subdivision application, and prepared a plat showing the two new building sites in a front lot/back lot configuration. A front lot/back lot configuration allows for subdivision when a property does not have sufficient frontage on a street to satisfy the lot width requirements for both lots. Both lots are lake lots, lot width is measured at the lake and 75 feet landward. In lieu of street frontage, an access outlot is required. For Ivy Place,the required outlot is located along the west portion of the plat, adjacent to the lagoon side of the peninsula and Lot 1. Lot 2 has lake frontage on the two sides, lot 1 has lake frontage only on the east (Carman Bay)side. Dock Requirements. Docks are permitted to property owners with lake frontage, along their lake frontage. As noted above, Lot 1 does not have Lake Frontage on the lagoon side. FILE#19-28 May 20,2019 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-1680 and 78-1700-Hardcover Calculations: Lot 1, Block 1 Before Stormwater Overlay District Total Area in Allowed Existing Proposed Tier Zone Hardcover Hardcover Hardcover 6,641 s.f. 6,328 s.f. Tier 1 26, 563 s.f. (25%) (23.8%) Lot 1, Block 1 After Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 9,052 s.f. 8,602 s.f. Tier 1 36, 206 s.f. (25 %) (23.75%) Incorporating Outlot A into the area of Lot 1 alters the hardcover coverage calculations for that lot. The area of lot 1 gets larger, and by virtue of Section 78-1682,the portion of the driveway that serves lot 1 is counted as hardcover for lot 1. The portion of the driveway that serves lot 2 is not counted as hardcover against lot 1 or lot 2, until the driveway enters lot 2. The increase of 2,274 sq ft of hardcover, and the increase of 9,643 sf of lot area yields a hardcover percentage of 23.75 (Hardcover analysis, Exhibit D). Applicable Regulations: Double frontage lots, access to lots, and front/ back lot divisions. (82-256) (Exhibit E) Special standards for back lots created after January 1, 1994. (78-1370) (Exhibit F) 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 intent of the ordinance is the provision of a separate lot protecting access to a back lot FILE*19-28 May 20,2019 Page 3 of 5 while not introducing additional density. The access can be provided via an easement, and the nature of these lots do not lend themselves to further subdivision, i.e. density. 2. The variance is consistent with the comprehensive plan.The use of the property remains residential,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 use of the property remains the same. b. There are circumstances unique to the property not created by the landowner; The condition of the property prior to development, configured as three separate lots,was not created by the developer. Peninsula and dead end and c. The variance will not alter the essential character of the locality. The variance, allowing access to the back lot via an easement versus an outlot will not be discernable to 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 alone 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. 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 applicant does not demonstrate any special conditions. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The applicant does not demonstrate any special conditions. The lot is within a peninsula, and the potential to extend the drive beyond the subdivision is not likely. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.This is not the case here. The right of a dock within a lagoon or cove is not a protected right. The adjacent property has lake frontage on the bay side, allowing a dock for this lake 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. The variance would allow the replatting of the lots without the provision of an outlot. The applicant states that this will not impact the health,welfare etc. not requiring the outlot in front lot/back lot could have far reaching consequences related to lake densities and access questions in the future. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance does seem to be a convenience. The applicant's argument that the dock was "approved in the original FILE#19-28 May 20,2019 Page 4 of 5 submitted plans" suggests the house, hardcover, and other features of that plan were approved. 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 Review of the practical difficulties suggests that the variance is in keeping with the intent and purpose of the ordinance. The purpose behind the requirement of a separate outlot for front/ back lot configurations is in part to consolidate driveway accesses, prevent flag lots, and allow for an HOA for maintenance. These concerns are addressed in the unique configuration of the lot, and while the outlot is currently owned by the owner of lot 2, and ownership would transfer to the owner of lot 1, an appropriate maintenance agreement could be filed. The property, at the end of a peninsula is not of the applicants making. This uniqueness of this property, including its status at the end of a peninsula, and no actual frontage on a public or private street is not likely to be replicated elsewhere in the community. The lack of an outlot is not likely to alter the essential character of the community. To the community, there is no perceptible difference between an outlot and an easement. This is the situation today, where the northern terminus of Ivy Place is actually within a private easement; Ivy Place right of way ends at 3550 Ivy Place, one lot to the south of the apparent terminus. (Ivy Place Street, Exhibit G) The applicant notes that the dock was shown on a concept plan. This is correct,the preliminary site plan presented to the City Council (as part of the preliminary plat) and the site plan (as part of the final plat,attached as Exhibit H)showed two docks. However, it is not customary to review these types of improvements for final approval because in most situations these are conceptual and often change.As the footprint and hardcover proposals changed. Further,the application did not request dock approval,or hardcover approval,or building footprint approval. Finally,it should be noted that not all of the site plan sheets, even those showing the footprint of the building, included the docks. Miscommunication between the developer and the city is not a practical difficulty. It may be appropriate to note that there are existing sanitary sewer easements in this area, protecting an underground (and water)trunk line. Even if the variance was to be approved, the location of the existing, live sanitary sewer trunk would preclude the placement of a permanent dock over that easement. The City does not permit permanent improvements over easements that could jeopardize their functionality or the city's ability to service them. Public Comments To date, no public comments have been received. FILE#19-28 May 20,2019 Page 5 of 5 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 The Planning Commission should determine if the standards are adequately satisfied. Practical difficulty appears to be satisfied, and the property on a true peninsula could support uniqueness; Though the need for the variance to support a "substantial property right" fails to recognize that the property has been improved with a single family dwelling, and a dock may be installed on the east side. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Ivy Place Final Plat Exhibit D. Hardcover Analysis Exhibit E. Section 82-256 Exhibit F. Section 78-1370 Exhibit G. Ivy Place Street Exhibit H. Plans provided as part of plat review Exhibit I. Public Notice Information Land Use Application Summary Application Date: 04/22/2019 Address: 38 ADDRESS PENDING Orono, MN 00000 Parcel Number: 2011723420039 Land Use Number: LA 19-000028 Application Submitted Property Owner By: Owner: Name: LAKE WEST DEVELOPMENT LLC Address: 14525 HWY 7 STE 265 MINNETONKA, MN 55345 Applicant: Name: Steven Eggert Company: Lake West Development Address: 14525 Highway 7, Suite 265 Minnetonka, MN 55345 SteveEggert@lwestdev.com Contact Information: Associated Contact: Rusty Kocon Associated Contact: Associated Contact: Associated Contact: Project Description: Variance to remove outlot requirements from plat Land Use Application Amendmend Application Type: Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Li Variance Application ki Applicant Signature: j PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000028 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The property owner (Lake West) would like to propose a variance to deed the Outlot to the adjacent owner (Rusty Kocon). The new owner (Rusty Kocon) would be able to use their "principle" lot abutting the cove area to apply for a permanent dock similar to neighboring properties within the cove. Please note there was at one time already an existing dock for the previous owner of the property prior to Ivy Place final plat. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The original intent was a re-plat from three lots to two, technically not a subdivision. During the submittal process, docks were drawn on concepts, denoted on plans to be relocated, and proposed on site/landscape plans. The landowner (buyer at the time) had assumed this would not be an issue as it was not brought up during the approval process. 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 as there are other permanent and temporary docks (approx. 17) within the cove. 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 116106, Subd. 2, when in harmony with this Chapter. Response: Vacated right-of-way for less development. Three lots to two (re-plat), not technically a subdivision (discussed over the phone). 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 Outlot is immediate adjoining the property in question (Lot 1, Block 1 of Ivy Place). If granted, the variance would allow the properties to be re-platted as one, allowing a permanent dock on the south-east side abutting the cove. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The previous approval process led the owner of Lot 1, Block 1 to believe he could place a dock on the cove side of the property (on the Outlot). The granting of this application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 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 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. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: The granting of this variance will not serve as a convenience to the applicant but will allow the ability to dock within the cove as approved in the original submitted plans for the Ivy Place development. /-----------, IVY PLACE ,---,,,.,., R.T. DOC.NO / /? <T, •555 ''. \ '4,4,,47 .......m.,...------.........,..............-,,,.,... `,.... ., \ \ -,o, .-,>. --,-,—.................-... .„, ..„ \ \ • N , • 04, I ' °,,,,,,.,,/r, ..,-...,-...... - I ! ,, v,..,.., "*-1 .,...„..,........,.,,„,...,.., ....,-.-,. c• ‘,,,, ................--....,-,..,..,...„,...... ..,,. _,,„,. , N . * ,_ -.........,-............-........,,,.. ... .,„S,,m, 4,,.,,, (oc ,0 / ' ,e,:, \ \ \ ,,, „:,, ,,' ,, , 4..\ --,- „-, , ...,„,..„............. .........,... ft.........._... \'',,, .\,-;„ .... \,,,7) Iv \ ,/ / , . .. ...0...._.....,,.......„,.......-.............5.-....._‘.. i , .._.. .„. _A I .-„,SUMMARY / P 4 ..."^...."..,".......... .. _.___. FINAL PUT CO.2 77- ' - \ CivilSite .„ zg7.aFiisi---- 9,: \ .--,.---,- .- -...--,: -6.- , \ \ ...,...._....,..............c........... 7:-..----—---"--..-tr. • CiviiSite `'''.::',:,,<,%,-.<v L s It 0 u ► E.W.0111 STELTEE to, O J Af , ,::4-4:6,,,,,:%:%�p'p ‘0.5,4.0,,,''..,,,,,%, t' DESCRIPTION OF PROPERTY SURVEYED ruzsv« warwans I \ \ ejs`y %d^<c �.f� Lot 1,Block 1,IVY PLACE,Hennepin County,Minnesota. \ do°r,,,, O NOTES: ti 2 w 4J' ( 4,,,s,.. ,\\y ;el C4, '''''';;;,;::,,?,"::"".,4,:171 �'o G��j, / \ . ,„ D„�!y s gds"y":j".�e 17 I.Site Address:3570 Ivy Place,Orono,Minnesota. A. ...aa'L '"S'M� '..;ip`,9�b /Z�°6' 1!,/./,,% 2.Gross Land Area=26,563 sq.ft or 0.610 acres(calculated to OHWL) y. I 0 . \ `\ J K �y D l r�1a � �� K (�'` 6 0 �l 3.The current zoning for the subject property is LRI-C-One Family Lakeshore y�V - '\` \ - j Residential-1/2 Acre per the City of Orono's zoning map dated September, 2016.The setback,height,and lot size restrictions f Id zoning designation B,R N/ Y� :,4.....\ were obtained from Section 78-350Lot found Area: theirb rte on the date of .� April 24,2018 and ae as follows:Lot 0.5 Acre(Min.);Lot Width:100 !� ,- feet(Min.);Front Yard Setback:30 feet;Side Yard Setback 10 feet;Side I Mep4 �� / �^+��/ \ �\ ' •t••. 2 Yard Setback Adjacent to street:15 feet;Rear Yard Setback:30 feet; \\✓O�� �/ O,y+ *-i‘ •—\ 4J� ' _ a�S\ \ Structure Height(Max.):30 feet. V 049/f \\ '-.),',5' \ 4.The Property s contained within T'er 1 of S[ormweter Quality Overlay District Y/ 'C: \ \ per the Stormwaterp d \\% a Quality wenav District Tera Map dated B-v-sols. 5.Must maintain a minimum 2%slopegradient to accommodate Ots F' /e rybb0 2.J2 /o¢� \\\\\ �� ' drainage.Special care will need to be exercised in creating the drain pattern / \�\\ ` / � on the aide of the property m ensure that run oft is not directed onto the e{ s •, J \ \�- ) / j 2D+-ineighboring properties.See also Development grading plan for this area. or,:$- gq�ryAy 4,FS° 4r S4 3„' S. /���'r//.., i`\ W' ry,,.. � � C• {► • s` st,,� /�/s. \V OQec \ 6.Streets shall be cleaned end swept within 29 hours whenever[racking ofU sediments or soils occurs and before the site is left idle(or weekends and l 9 �. /dn poholidays. Q 9 sf tom. 9 3 1,/"' ' ry'// e°°o° J F \vs_`,Y ktsO S Yl.e,9 sedoO b a�SA 1°/'bG, ].Perimeter sediment control measures should be installed by the contractor a u IY O and Inspected b the pe y City prior to any work.Contractor must provide \ '� 76'-.` `� bq 3' I2�;8 • •;s/ minimum 24 hour notice prior to inspection. } x y f \. -•\ 3ti g, ''''\ `-` qq �'9 t` p*' fO° a ,• 8.the water service connections must be protected from construction traffic E D t \ 4n oL'b F \ t:''' I Z \g s -1 F \4 \ 4 o Oryb / Ill during construction.A separate curb stop will need[o be Installed for each , %/ u �''9' property. 'r o \ ����,,,,,,4 9.Tze ddrVewa eft \ ` O OL O ° M ci ry ) \� '+ � \. ��„�,r�'_ �O• / 0�1' Propose y anown's 4on4epmal onlr and does not purport m Y o o/O� S,° m b/�� now exactly now the eHxewav:Hall be bB R. V (j s m L '' 9x�• � \\.y\:. o ` �` t • bis°sr\S P� p,,//;› 10.A title opinion was not furnished t°the surveyor. c 2 o c:4.A.,\\•``d+' 85.23 `”\\\ N.<3\----..-----.)1:: °j ////� ' , II 11.Proposed grades shown adjacent to bu Iding foundation refers to top of black CO c i ,�.`,%'`,, T ',q, V,�6\. //'''...7 �o moi, ,\\ O 'JDtO Ii dirt. 4A�i s (• q e\ O`, I 1) \•�'/�p� 12.We have shown the proposed location of the sen[dry sewer line and clean u °'� e / O / c outs for reference only.The sewer line must be designed and approved before 7 I' f excavation or construction. J �O!°'t'°'s�'„/_ I..I m o /1 ,iI /e.*/ 13.Benchmark MNDOT Geodetic Station BR 7180.Elevation=945.959 ~ O ./1 (NGV029) II' i7 4O'f, / � � / !AI 04.House has not been staked at the time of this certfication. 03i il1' 13 -FI / ~q�• 15.Plat of IVY PLACE has not yet been recorded et the time of this survey. 9 A. $f H ao 20 a zo ao 80 p u T /t ', 11;,/" H _ 16.The foundation show hereon was obtainetl from a foundation plan prepared b o4 � • • t_ Kocon,dated 8-7-2018 1 SCALE IN FEET 5,-s /t ;j / ,, Linetype&Symbol Legend NARDCOVER(TIERij Roam. Lot Area =26,563 S.F. S M \ 'dryer/ Ill. r^ FIBER OPTIC N ® AIR CONDITIONER Building Coverage = 4,589.8 S.F. \ I ' —ess O U,MANHOLE • BOLLARD Patio 225.85.F. \ ' _I_w MAIN ® NITARY wofA E Front Walk = 165.5 S.F. n 10 / ° —SANITARY SEYER ® STORM MANHOLE m PECt0IC MANHOLE Motor Court = 997.7 S.F. _ rl 4ry�1�y HSp —.� —STORM SEW. C CATCH BASIN o— Lt Stoop 34B SF \ \ t . —w OVERHEAD ununES TELEPHONE 00x 41 FLARED END SErnON Total Impervious Area= 632r.8 S.F. ` _ LINE dOb `ry��ha MM —or—ELECTRIC 0 TELEPHONE M0N.OLE IRI GASVALvE SYMBOL Coverage = 23.82% ,••• �`�� —rn—CABLE LINE • EItCOO1C TRANSFORMERa. HANDICAP ..,t<, '...07 _e WOODEN CKAINLInr mrmc EOW 013 TRAFFIC SID® CmLEry Boxes • HYDRANTWATER MANHOLE PROPOSED ELEVATIONS SUMMARY I VALVE Proposed Garage Floor Elevation = 933.50 ��� I" .I CUCNCPETE SURFACE O AS METER METER R nowon POLE E Proposed Top of Foundation Elevation= 934.00 sao,ecTr,o.,nxe _ 0 1 Proposed First Floor Elevation 934.00 FACE • AE1ER LDI Most westerly cornerof Lot \ c-3.2 � PAVER SURFACE a ON MONUMENT CONIFEROUS TREE Certificate 185,TAYLOR'S SUBDIVISION SINK SURFACE O CAST IRON MONUMENT OF SPRING PARK LOTS---=' B 0 OEa0uDus off 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. No. 64 3rd series, § 2, 9-14-2009) Sec. 78-1370. - Special standards for back lots created after January 1, 1994. Back lots which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994, are subject to the following special requirements in addition to the standards required in section 82-256: (1) 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 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. (2) 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. (3) Access requirements shall be as follows: 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 access outlot except when the intent is to combine the two access outlots for creation of a public or private road meeting city standards. (4) Screening requirements shall be as follows: a. Driveways constructed in access outlots shall be adequately screened by fencing or vegetation at the discretion of the city, at all points to the rear of the required street yard of the front lot, so as to eliminate intrusion of vehicle headlights into the side or rear yard of adjacent lots. b. The street yard of the back lot shall be adequately screened by fencing or vegetation at the discretion of the city, so as to eliminate intrusion of vehicle headlights into the side or rear yards of adjacent lots. (5) Accessory structures shall adhere to all requirements of this chapter,with the following additional requirements: a. Accessory structures within a back lot shall be allowed no closer than ten feet to a neighboring property's side or rear yard. b. Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. c. No accessory structure shall be allowed within an access outlot. (Ord. No. 122 2nd series, § 2, 12-13-1993; Ord. No. 64 3rd series, § 1, 9-14-09) Hennepin Hennepin County Property Map Date: 5/15/2019 k.._ x { 3'.1 ,o le ,' `'r xF 3600 ftN;;:,: ::: Ti i N $ 9 < aF *. {5 i yy 9A 4 Y `l',:=,,,,,,, $+ f lirgataZWAANItYlligiNtl ,b s , 3570 , Y ` ` Iffi,sf, a 38 _kr ? 3560 tr.7;.jiT1V3.-' , tik'-ii4T-,;',*;.!';:'...-i'.'4'. '-j::51,':'..*.',Ii*,14"IINT.- , 11-',.4.'Vfl v.. a.: 3550 38 ;, ��t �,�� �; �r � � 3548 ` 1 :111 3546 3545 \ v I,i r ro r m N 1 inch = 100 feet ,igaPARCEL ID: 2011723420027 Comments: OWNER NAME: J C White Jr& T R White PARCEL ADDRESS: 3560 Ivy PI, Orono MN 55391 PARCEL AREA: 0.36 acres, 15,565 sq ft A-T-B: Torrens SALE PRICE: $1,110,000 SALE DATA: 08/2009 SALE CODE:Warranty Deed This data(i)is furnished'AS IS'with no representation as to completeness or ASSESSED 2018 PAYABLE 2019 accuracy;(ii)is furnished with no waPROPERTY TYPE: Residential Lake Shore for legal,ranty of any kind;inor sand urvey is notsuitable for engineering or surveying purposes. HOMESTEAD: Homestead Hennepin County shall not be liable for any MARKET VALUE: $949,000 damage,injury or loss resulting from this data. TAX TOTAL: $10,827.60 COPYRIGHT©HENNEPIN ASSESSED 2019, PAYABLE 2020 COUNTY 2019 PROPERTY TYPE: Residential Lake Shore HOMESTEAD: Homestead MARKET VALUE: $1,015,000 CivilSite IVY PLACE ,.. . ..= LAKEINEST W ORONO, MINNESOTA DEVELOPMENT,LLC ISSUED FOR: CONSTRUCTION PLANS x n X, 74y1.t F aro " °, - .- , g w f a- kl $ — , ,.. , ;i ' . ,V.. . ,, , , 1 4, ',,'' y I— ' W i „ CITY OF ORONO NOTES: SITE LOCATION MAP N SITE LocAnory rAiuxmOurr Aro.rrwxx yea SHEET INDEX - ul..oi..... DEVELOPER/PROPERTY OWNER: MASTER LEGEND: SHEET NUMBER =,mina. M.,_1111.1.. COO TITLE S.M. ISSUEEREELEN EEO H.R.7 SUITE ER CO 2 FINAL PLAT a �'^*+,aw s —nn �vmnawxev.mr�xmrvu 0 _,+rc•ta.w.A2x e+w x.wns so. Ct.0 REMOVALS PLAN SURER., .... w c>.0 SRE PLAN ..:.":..... \E. N.cxG.oERELATIV.Gr.—, { PERKED RE LRLIRE cx.+SITE PLAN-ORG A SNORE UHL EASE ......,.'.,...... ...«mewELxPeoi ENGINEERICa SITE PL.xN-RowwAV EASE .•,:•.•• .. LANDSCAPE ARCHITECT : r ORR LINVELION LOP Or GEE nma ki• ONOIRnr auar.wv GE 3 SITE PLAN VNIDORND UTIL EASE CM SrTE.DUP EELE�1e II 0 id, ROT WADE xwTW nREELGEA CONSERVATION EASE Vi:NM^ . MERGED LON Si LOOS..IAN 612.5 a+wLo —.. cva...w ---)_ LARARA.A.-.ACD 1 Ca...PLAN F1.000PLAPT ALTERATION SURVEYOR ,77t.„ ecwa+c.ortv.ox -->>.— "° 'sosmxuarx ♦ wErLAND ALTERATION I ERROR nENTEE LREL CD 0 CIVIL DETAILS a uxA mwx�ixEs+m LANDSCAPE EEAG.E SE ss0 NEECHO E PLAN ow2.urs a X RISER SERI EWA ETISR GCONDITIONSes-RE SWI I GEOTECHNICAL ENGINEER: 1:1‘1111111,1,1t1 ,ANGITs wmwx.+.Dnx.xv au xw x Dacwc 1 GOPHER STATE ONE CALL PROPOSED CONDITIONS Awxcrxu EGENG WEER ED mx tbPNE iAiEONEc.uLOG v-Nu{R.SiuE TITLE SHEET xrnnExx rtoxuCOSS.INC e001�uaim Tou GREE swLA sNTPP.AnncrvuENrs MOU W,AVG G �' SOL ERNE LaAm smmc ururvwww[ (Bst1.5.mroLocu sw15 SW.P ATTADM.”. MEP ,xLRaNx,n,a ......,... ()Ams•r•c••m•o.E a REELING VEER. *RETwNGET 1 CO.O rxvara�ra - S r A A x . 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F j� Ea-iyAf 3600 WY-Sc,LEORONO.MN 55381 ,3.� IiiOV• a RakFF 3 LAKE WES .OPMENT,LLC r, 4�.g3.8' 4 14525 HIGHWAY MINNETONKA,MN 15345 6 _—_ ..1nw•s CITY OF ORONO SITE SPECIFIC NOTES: SITE LAYOUT NOTES: CivilSite ramruc.wau.,r�sr--uuu E.eamrr�•. y �. wwwmRwacwnwrw.rwneecarm.+rmw•xr.Ewae sc�uwwsrwcrux rawceno wvavemme . we IRE MORI,MY.,BErmuunRLED, .uuluaxcw aowuaanmarwr.w E.s�m .."-,°=7,1'!".7: ..._. �' \` roricrmwrow.waaaz,.o�rmaaeu :77 r"•'7';easrovvaEwxrxc'«,mwffu'ma "'' • roa,ra�.,,aWan .ravms. 1 TOM.090 BY WE :� ` ' �` a''''''""''' LAKE EST -%..'s a.� .r, UEVEIDPMENT L[ l ' N S� ` � �T E ro.,K \ i0 a�w . �r , ,14r )k/-,T,==, aA¢ o „ :.ate �� ;% .. ,w ..o.,o..ra� i i Q . \ / �.aE.oao.a�a,w J o W �S `� .S',\ ,\ caerwnwrwa.rmew.rmE.ae�.Vnr..cuaa.am a vi jj M1 SITE AREA TABLE: /fr .• q e .SI 1.623 3, O. 2 916 5, lOtl .� , ` ,uwao�,ua, ',V 5, II. SG. ,.,,r81.5% „a„ YR E LO.,mA„OT,.�vIMII SI16 51/6 .012 4126 Sr Aft „m. r wr�� MT.O.�IaK.b. ,.,N. ‘"•• , a, SITE PLAN LEGEND. S . wte MKT.. 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GENERAL UTILITY NOTES . pEartn34,AAAARE33A.A.3.533G.ss-• CivilSite ./.-- t-----..-'-----,. 61lIrttt ftEttt PI.4t Of MORES ' II:::0:70Y/K:ri,g712a;24r.11il.t1==r1ggll, "I:74...Zt.rn P .\\\ Lor:T.SIE°TORT41.1:Hz,c,rtlrf ' '°......'°°T..........A.e''''..Ar'."'2T.....RS"... ....... ''''''' It riluCTI3.1 Mt COOMMIOP StAtI PEP.di REPLACE ANYUILIES12-VII "T'''''''T.': \I.':\.. NCIEr=1•9 tg,.. ( . . ,-t=r4, , ,,,,.LrtZ...,..., 41 , ,,,Oiri,i, +.. . ''4--14- "'"'"'"-"L''''''"'"'"^'..°^.."..'"---°` LAKE NET ('6 -7,:iiiiq l t Nk , \ '‘N,'#1.; 0E:="=; *,',,,s' , ‘,4, O. ALL WATEP RPE YOU BE CASS ft MILE PON PK.11114.50,MUSE MOTO ., , 70=1.TO t 1 ALL SnONISCottp riff.......tt yµt,,,,tetttt p‘or=.. \\ 'bit%<1.• A- 4P1111 . .,,,..°/ Ft;."--f-,.:1,:'„,_,. PL/14 00 rI07 PERM SIAIPSZ FIE,AION. I, lgal NZ> '7 7 '•. 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N 4 n a i LAKE WEST DEVELOPMENT,LLC cm {p F art tn0 14525 HIGHWAY 7.SUITE 4265.MINNETONKA,MN 55315 r� r �� Hennepin Hennepin County Locate & Notify Map Date: 4/23/2019 i r sg,':Ft!f--44.*3 e s� z_~ u 273 2 IV t4 Xrititt.*'`...,Artt4,Z1t4t'..,4;Eeiil n::?-:it Viit'Vt-t-iii4iAtitiliftr4ViTra7.4.... itiV '--IfV, ;;71.*T-'-'''''',,-''' t %.TtiltrNMi.1;,-'-''''431#14ktit:PX-'itillr4; a .a'4 f tc 3 700 t t: kph Y 3F. - l; r �I "` - �' ''''S,AttiA''',i;:ir*iti;t0',';::,,,:':.c''',''''''''f 4:qi:;`:,'.':r.:.:' '::',,: .';,-. .-1., :-'' r,'.* ''',1'.%;''.; ..; .'.''•,4,',;;i ;.'',4'.1V:.',:II!,A,:kiifillt VIM. �k 03) rdt . . ¢ , 9 e 1 ar y V� - f 'i.--- t EAz ,-'3650 £ c f t k t - sma - -ti t > r�3630 N1? } s mir 91$ P9 f ---';':',..4,-.• 7 I : j 3604 ? � ,! t s 4 rxv Y I S s e¢,i •�`s f d l f ., -:„...i...1.,::::-..4%:-.: 4570 s' W 920 O k a.,,,,..:,,,:,.:;,4,.,..:',,,!;:.l...',...-..--,;',, `-ri:-.-. r j-_-: a .. l'' r.' ie -a-+ 4 2930 4s 04) IlL. _ t 3 560 i 'g} ' 3 5G � _ ` i9 i:'..:: .,:,';.::::.; �` 2940 1 \ d ' a iir� 7 w,f 2946 f- A, Ai = # 3534 4 . 't 4. t.:C.-.. 1-t'.;-'7,i:n.t: 4�1 . A ,}r ). 2970 iso-) £`x!UIi ::,;...---t {4:: �� = "N. 35321 , Sy;F 1,.5y F `. 5162960 f°� "` fbtf 3508 f 29901 ry - 4 r- .,� fit} ;A 3 525 +� 30201 3466 2967 1t 3034 509 3026 3 'tl 3 005 PCP- dm 42) 3271 3 44',G Buffer Size: 500 0 510110101 200 Feet Map Comments: I I 1 1.2010 l 3570 Ivy Place This data (i) is furnished 'AS IS with representation as to completeness or accuracy; (i)is furnbhh nor no warranty of any kind; and (ii) is notsuitable for legal,engineering or ty of rg purposes.Hennepin County shat not beliableforanydamage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street So uth,M i nn ea po s,M N 55487/g s.i nfo@hennepi n.us RUN DATE:04/23/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 31 0031 38 20-117-23 42 0019 38 20-117-23 43 0051 DAVID J PICHOTTA RAY F WILSON WILLIAM D GUST 2914 CASCO POINT RD 3534 IVY PL 3034 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DAVID J PICHOTTA RAY F WILSON WILLIAM D GUST 2914 CASCO POINT RD 3534 IVY PL 3034 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0032 38 20-117-23 42 0022 38 20-117-23 43 0054 EMMA LOU POWELL J&S WHITE LEISEL&MARK PFLEGHAAR 2916 CASCO POINT RD 3516 IVY PL 3509 IVY PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 EMMA LOU POWELL JAMES M&SHERRY D WHITE LEISEL&MARK PFLEGHAAR 2916 CASCO PT RD 3516 IVY PL 3509 IVY PL WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0033 38 20-117-23 42 0027 PAULA N D KANNE/RYAN G KANNE J C WHITE JR&T R WHITE 2920 CASCO POINT RD 3560 IVY PL ORONO MN 55391 ORONO MN 55391 PAULA NUNES DIAS KANNE TERA R&JAMES C WHITE JR RYAN G KANNE 3560 IVY PL 2920 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0034 38 20-117-23 42 0029 JONATHAN A MENTH Z STROUT&M STROUT 2930 CASCO POINT RD 3525 IVY PL ORONO MN 55391 ORONO MN 55391 JONATHAN A MENTH ZEBADIAH STROUT 2930 CASCO POINT RD MOLLY STROUT WAYZATA MN 55391 3525 IVY PL WAYZATA MN 55391 38 20-117-23 31 0042 38 20-117-23 42 0033 JONG DUK KIM&YOUNG HYI AN JONATHAN P&JULIE S PAUL 3600 CASCO AVE 3532 IVY PL ORONO MN 55391 ORONO MN 55391 JON DUK KIM&YOUNG HYI AN JONATHAN P PAUL 4700 COVEY TR 3532 IVY PL MEDINA MN 55340 WAYZATA MN 55391 38 20-117-23 42 0005 38 20-117-23 42 0034 VIL OF ORONO TONKA BAY DEVELOPMENT LLC 38 ADDRESS UNASSIGNED 3545 IVY PL ORONO MN 00000 ORONO MN 55391 CITY OF ORONO TONKA BAY DEVELOPMENT LLC PO BOX 66 5413 MANITOU RD CRYSTAL BAY MN 55323 EXCELSIOR MN 55331 38 20-117-23 42 0006 38 20-117-23 42 0035 HENNEPIN FORFEITED LAND SAMSON CYRIL DRENTLAW 38 ADDRESS UNASSIGNED 3535 IVY PL ORONO MN 00000 ORONO MN 55391 HENNEPIN FORFEITED LAND SAMSON CYRIL DRENTLAW NOT FOR SALE/UNDER WATER IN 3535 IVY PL LAKE MTKA WAYZATA MN 55391 38 20-117-23 42 0016 38 20-117-23 42 0037 WILLIAM S DAMPIER R KOCON&J GIBNEY 3550 IVY PL 3570 IVY PL ORONO MN 55391 ORONO MN 55391 WILLIAM S DAMPIER RUSSELL KOCON CLAUDIA DAMPIER JACQUELINE GIBNEY 3550 IVY PL 3570 IVY PL ORONO MN 55391 ORONO MN 55391 38 20-117-23 42 0017 38 20-117-23 42 0038 C S PELLETIER&J L GRIVICH CURT FRETHAM 3548 IVY PL 3600 IVY PL ORONO MN 55391 ORONO MN 55391 CHRISTOPHER SCOTT PELLETIER CURT FRETHAM JAMIE LYNNE GRIVICH 14525 HIGHWAY 7 6265 3548 IVY PL MINNETONKA MN 55345 WAYZATA MN 55391 38 20-117-23 42 0018 38 20-117-23 42 0039 MICHAEL D DRAZAN LAKE WEST DEVELOPMENT LLC 3546 IVY PL 38 ADDRESS PENDING ORONO MN 5539! ORONO MN 00000 MICHAEL D DRAZAN LAKE WEST DEVELOPMENT LLC 3546 IVY PL 14525 HWY 7 STE 265 WAYZATA MN 55391 MINNETONKA MN 55345 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. To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator l V From: Melanie Curtis, Planner mcc Date: 20 May 2019 ikEsxo�`� Subject: #LA18-000057,Text Amendment(correction): Plumbing in Accessory Buildings Public Hearing Background In December,the City Council adopted Ordinance No. 222 and Summary Ordinance No. 223 regarding changes to the regulations relating to accessory buildings and accessory structures.This was a comprehensive amendment meant to capture all of the language changes/edits we determined necessary as well as provide a thoughtful revision to the required setbacks of both accessory buildings and accessory structures. Affected Code Sections: 78-228(6) Conditional uses. (R-1A) 78-253(6) Conditional uses. (R-1B) 78-303(7) Conditional uses. (LR-1A) 78-328(7) Conditional uses. (LR-1B) 78-348(8) Conditional uses. (LR-1C) 78-367(8) Conditional uses. (LR-1C-1) 78-393(6) Conditional uses. (RR-1A) 78-418(6) Conditional uses. (RR-1B) The requirement for the building to be "conforming with respect to location, size, and height" was intended to be removed from each of the conditional use sections of the preceding sections, to be replaced with language consistent with the following: "Sec. 78-1437. -Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building. (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building, subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant 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. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building which meets one of the following criteria: FILE#LA18-000057 20 May 2019 Page 2 of 2 a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit." The amendment would affect those changes as originally anticipated, as well as remove the current conflict and ambiguity in the Code. The Planning Commission should open the Public Hearing, receive public comments, and discuss the amendment. The Planning Commission may choose to move this amendment forward to the City Council; or table the application if further discussion or changes are warranted. Public Comments To date, no public comments have been received. List of Exhibits Exhibit A. Draft Ordinance (Strikethrough & Underline format) Exhibit B. Ordinance No. 222 ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO ACCESSORY STRUCTURES AND BUILDNGS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-228. —Conditional uses. shall be amended to read as follows: Within any R-1A one-family residential district, no structure or land shall be used for the following uses except by conditional use permit: (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. •- --- - -- - •- --• - •• •- • --- -•, - -•e •- - • d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 2. Section 78-253. — Conditional uses. shall be amended to read as follows: Within any R-1 B one-family residential district, no structure or land shall be used for the following uses except by conditional use permit: (6) Provision of a bathtub or shower in an accessory building.Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. Page 1 of 5 b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. dThe property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 3. Section 78-303.- Conditional uses. shall be amended to read as follows: Within any LR-1A one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (7) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 4. Section 78-328.- Conditional uses. shall be amended to read as follows: Within any LR-1 B one-family lakeshore residential district, no structure or land shall be used for the following uses except by conditional use permit: (7) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: Page 2 of 5 a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 5. Section 78-348. – Conditional uses. shall be amended to read as follows: Within any LR-1C one-family lakeshore residential district, no structure or land shall be used for the following uses without a conditional use permit: (8) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. €1,—The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 6. Section 78-367. - Conditional uses shall be amended to read as follows: Within the LR-1C-1 one-family lakeshore residential district, no structure or land shall be used for the following uses without a conditional use permit: (8) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: Page 3 of 5 a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d –The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 7. Section 78-393. – Conditional uses. shall be amended to read as follows: Within any RR-1A one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit. (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. €1,—The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. SECTION 8. Section 78-418. - Conditional uses shall be amended to read as follows: Within any RR-1 B one-family rural residential district, no structure or land shall be used for the following uses without a conditional use permit: (6) Provision of a bathtub or shower in an accessory building. Approval shall be conditioned on provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from the building plumbing. Approval shall be granted only when the following criteria are met: Page 4 of 5 a. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. b. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. c. The accessory building is conforming in location, size and height. d. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of , 2019 on a vote of_ ayes and _ nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2019. Page 5 of 5 ORDINANCE NO. 222. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO ACCESSORY STRUCTURES AND BUILDINGS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1 Definitions shall be amended by adding and deleting text to read as follows: Sec. 78-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Unless specifically defined in this section, the words and phrases used in this chapter shall have the meanings given to them in chapter 82. Accessory use, building, or structure means a use, building, or structure subordinate to and serving the principal use or structure building on the same lot and customarily incidental to the principal use or structure building. Garage, private, means a detached accessory building or portion of the principal building, including a carport, which is used arm for storing passenger vehicles, and trailers er-ene tisk e . . -_ - ' - _ - - . • _• . SECTION 2. Section 78-229. -Accessory uses shall be amended to read as follows: Within any R-1A one-family residential district, the only permitted accessory uses and structures are the following: •- _ _ .' --• - - - . _ - . This section purposely left blank. SECTION 3. Section 78-230 -Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-230. — R-1A District. Area, height, lot width, setback, and yard requirements. (a) -- - • . ' - -- - - - -- - - • - ' _ - - --=- -' -- - --.e• - -- - - (b) Lots. The following minimum requirements shall be observed: Page 1 of 22 Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) Maximum 30 feet defined height: accessory 1.0 acre 140 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear(feet) OHWL Wetland Front Side (feet) Street (feet) (feet) (feet) (feet) Principal 35 10 35 30 na 25 or MCWD Building buffer Accessory 35 10 35 10 na 25 or MCWD Building (AB) buffer <1,000 sf Oversize 35 10 35 30 na 25 or MCWD Accessory buffer Building >1,000 sf (OAB) Accessory 17.5 10 17.5 10 na 25 or MCWD Structures buffer (AS) (b) Exceptions: 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. 2) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. 3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. SECTION 4. Section 78-254. -Accessory uses shall be amended to read as follows: Within any R-1 B one-family residential district, the only permitted accessory uses and structures are the following: -- - -- ----- - - - - - . This section purposely left blank. SECTION 5. Section 78-255. —Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-255. — R-1 B District. Area, height, lot width, setback, and yard requirements. Page 2 of 22 (b) Lots. The following minimum requirements shall be observed: Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) Maximum 30 feet defined height; accessory 0.5 acre 100 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear (feet) OHWL Wetland Front Side (feet, Street (feet) (feet) (feet) (feet) Principal 30 10 15 30 na 25 or MCWD Building buffer Accessory 30 10 15 10 na 25 or MCWD Building (AB) buffer <1 000 sf Oversize 30 10 15 30 na 25 or MCWD Accessory buffer Building >1,000 sf (OAP). Accessory 15 10 7_5 10 na 25 or MCWD Structures buffer (AS) (b) Exceptions: 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. 2) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. 3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. SECTION 6. Section 78-304. -Accessory uses shall be amended to read as follows: Within any LR-1A one-family lakeshore residential district, the only permitted accessory uses and structures are the following: -- . -. -. ----- . - - . - . This section purposely left blank. SECTION 7. Section 78-305. —Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-305. — LR-1A District. Area, height, lot width, setbacks, and yard requirements. Page 3 of 22 (b4 Lots. The following minimum requirements shall be observed: Dimensional Lot Area Lot Width Height Requirements (Minimum) Minimum) Maximum 30 feet defined height; accessory 2.0 acre 200 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear/ OHWL* Wetland Front Side (feet) Street Street (feet) (feet) (feet) 1feet) (feet) Principal 50 30 30 50 75/100/ 25 or MCWD Building 150 + buffer ALS Accessory 50 15 30 15 75/100/ 25 or MCWD Building 150 + buffer <1,000 sf ALS _ Oversize 50 30 30 50 75/100/ 25 or MCWD Accessory 150 + buffer Building ALS >1 000 sf (OAB) Accessory 25 15 15 15 75/100/ 25 or MCWD Structures 150 + buffer (AS) ALS *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (e-b) Exceptions: 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 10 feet. 2) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. 3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. SECTION 8. Section 78-329. -Accessory uses shall be amended to read as follows: Within any LR-1 B one-family lakeshore residential district, the only permitted accessory uses and structures are the following: height requirements of this chapter. This section purposely left blank. SECTION 9. Section 78-330.—Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Page 4 of 22 Sec. 78-330. — LR-1B District. Area, height, lot width, setback, and yard requirements. provided in section 78 1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) Maximum 30 feet defined height; accessory 1.0 acre 140 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear! OHWL* Wetland Front Side (feet) Street Street (feet) (feet) (feet) (feed (feet) Principal 35 10 20 30 75/100/ 25 or MCWD Building 150 + buffer ALS Accessory 35 10 20 10 75/100/ 25 or MCWD Building 150 + buffer <1,000 sf ALS Oversize 35 10 20 30 75/100/ 25 or MCWD Accessory 150 + buffer Building ALS >1,000 sf iIOAB) Accessory 17.5 10 10 10 75/100/ 25 or MCWD Structures 150 + buffer (AS) ALS *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (G-b) Exceptions: 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. 2) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. 3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. SECTION 10. Section 78-349. -Accessory uses shall be amended to read as follows: Within any LR-1C one-family lakeshore residential district, the only permitted accessory uses and structures are the following: Page 5 of 22 height requirements of this chapter. This section purposely left blank. SECTION 11. Section 78-350. Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-350. — LR-1C District. Area, height, lot width, setback, and yard requirements. provided in section 78 1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) Maximum 30 feet defined height; accessory 0.5 acre 100 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear/ OHWL* Wetland Front Side (feet) Street Street (feet) (feet) (feet) (feet1 (feet) Principal 30 10 15 30 75/100/ 25 or MCWD Structure 150 + buffer ALS Accessory 30 10 15 10 75/100/ 25 or MCWD Building (AB) 150 + buffer <1.000 sf ALS Oversize 30 10 15 30 75/100/ 25 or MCWD Accessory 150 + buffer Building ALS >1 000 sf (OA B) Accessory 15 10 15 10 75/100/ 25 or MCWD Structures 150 + buffer (AS) ALS *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (e-b) Exceptions: 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. 2) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to,mean not improved or maintained by the city or county for vehicular travel. 3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. SECTION 12. Section 78-368. -Accessory uses shall be amended to read as follows: Page 6 of 22 Within any LR-1C-1 one-family lakeshore residential district, the only permitted accessory uses and structures are the following: height requirements of this chapter. This section purposely left blank. SECTION 13. Section 78-370. —Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-370. — LR-1C-1 District. Area, height, lot width, setback, and yard requirements. (b) Lots. The following minimum requirements shall be observed: Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) Maximum 30 feet defined height; accessory 0.5 acre 100 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear! OHWL* Wetland Front Side (feet), Street Street (feet) (feet) (feet) (feet) (feet) Principal 30 10 15 30 75/100/ 25 or MCWD Building 150 + buffer ALS Accessory 30 10 15 10 75/100/ 25 or MCWD Building (AB) 150 + buffer <1,000 sf ALS Oversize 30 10 15 30 75/100/ 25 or MCWD Accessory 150 + buffer Building ALS >1,000 sf (OAB) Accessory 15 10 15 10 75/100/ 25 or MCWD Structures 150 + buffer (AS) ALS *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (b) Exceptions: 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. 2) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. 3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. Page 7 of 22 SECTION 14. Section 78-394. -Accessory uses shall be amended to read as follows: Within any RR-1A one-family rural residential district, the only permitted accessory uses and structures are the following: -- _ -.." ----- - - -_ - . This section purposely left blank. SECTION 15. Section 78-395. —Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-395. — RR-1A District. Area, height, lot width, setback, and yard requirements. (b) Lots. The following minimum requirements shall be observed: Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) Maximum 30 feet defined height; accessory 5.0 acre 300 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear/ OHWL* Wetland Front Side (feet). Street Street (feet) (feet) (feet) (feet) (feet). Principal 100 50 100 100 75/100/ 25 or MCWD Building 150 + buffer ALS Accessory 100 20 100 20 75/100/ 25 or MCWD Building (AB) 150 + buffer <1,000 sf ALS Oversize 100 50 100 100 75/100/ 25 or MCWD Accessory 150 + buffer Building ALS >1,000 sf (OAB) Accessory 50 20 50 20 75/100/ 25 or MCWD Structures 150 + buffer (AS) ALS *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (b) Exceptions: 1) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. 2) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. SECTION 16. Section 78-419. -Accessory uses shall be amended to read as follows: Page 8 of 22 Within any RR-1 B one-family rural residential district, the only permitted accessory uses and structures are the following: --•e -_ -. -...• _ _ -. - . This section purposely left blank. SECTION 17. Section 78-420. —Area, height, lot width, and yard requirements shall be amended by adding and deleting text to read as follows: Sec. 78-420. — RR-1 B District. Area, height, lot width, setback, and yard requirements. (a) -- . . e -- - - - -- e'-e. .• - e•. - - - ---e -- - •- . - - provided in section 78 1633. (b) Lots. The following minimum requirements shall be observed: Dimensional Lot Area Lot Width Height Requirements (Minimum) (Minimum) Maximum 30 feet defined height; accessory 2.0 acre 200 feet buildings may not exceed height of principal building Setbacks: Street/ Interior Side Rear/ OHWL* Wetland Front Side (feet) Street Street (feet) (feet) (feet) (feet) (feet) Principal 50 30 30 50 75/100/ 25 or MCWD Building 150 + buffer ALS Accessory 50 15 30 15 75/100/ 25 or MCWD Building (AB) 150 + buffer <1,000 sf ALS Oversize 50 30 30 50 75/100/ 25 or MCWD Accessory 150 + buffer Building ALS >1,000 sf (OAB) Accessory 25 15 15 15 75/100/ 25 or MCWD Structures 150 + buffer (AS) ALS *OHWL setback is determined by the classification of the lake as defined in Section 78-1217 and the applied minimum setback from the OHWL as outlined in Section 78-1279. (c-b) Exceptions: 1) Side Yard Setback. For lots that are non-conforminq 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 10 feet. 2) Side Yards adjacent to unimproved rights-of-way. In any residential district, the setback for side yards adjacent to unimproved rights-of-way shall be the same as the applicable interior side yard setback. Unimproved in this section shall be interpreted to mean not improved or maintained by the city or county for vehicular travel. 3) Front Yard Setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existinq front yards on the adjacent lots on each side of the non-conforminq lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. Page 9 of 22 SECTION 18. Section 78-570. -Yard and setback requirements shall be amended by adding and deleting text to read as follows: Sec. 78-570. — RS District. Yard and setback requirements. Within any RS seasonal recreational district, the following yard and setback requirements shall be observed for all new buildings and structures and for any addition or alteration to any existing building or structure, whether temporary, seasonal or permanent: (1) Minimum setback from lakeshore, all buildings and structures, including decks, fences, retaining walls, wells, on-site sewage treatment systems and land alteration of any kind, 75 feet. (2) Minimum setback from wetlands shall be: a. Wells and sewage treatment systems, 75 feet. b. All buildings and structures, land alteration or hard cover of any kind, shall meet the setback requirements established within article XI of chapter 78 of this Code (the wetlands protection element of the Zoning Code). (3) Minimum setback from platted street rights-of-way, all buildings and structures, 30 feet. (4) Minimum setback from internal side or rear property line shall be: a. All buildings and structures on lots 200 feet or more in width, 50 feet. b. All buildings and structures on existing record lots 100 feet or more in width but less than 200 feet in width, 30 feet. c. All buildings and structures on existing record lots less than 100 feet in width, ten feet. (5) Minimum setback any building to any other, ten feet. SECTION 19. Section 78-1279. - Placement of structures on lots shall be amended by adding and deleting text as follows: Sec. 78-1279. - Placement of buildings and structures on lots. When more than one setback applies to a site, buildings, structures, and facilities must be located to meet all setbacks. Buildings and sStructures shall be located as follows: (1) Building, sStructure1 and on-site sewerage system setbacks (in feet) from ordinary high water level: Setbacks Sewage Public Water Building/Structure Treatment Classification Unsewered Sewered System NE 150 150 150 Page 10 of 22 RD 100 75 75 GD 75 75 75 Tributary 100 75 75 (2) Additional building and structure setbacks. The following additionaltye setbacks apply, regardless of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal, state or county highway and local public and private roads 30* * Except for detached--garages accessory buildings on lakeshore lots as regulated in this chapter section 78 1435 and except for buildings and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various zoning districts. (3) Bluff impact zones. Buildings, sStructures and accessory facilities, except stairways, landings and lock boxes, must not be placed within bluff impact zones. (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. (5) Fences, docks, retaining walls. No fence shall be placed within the shore setback zone. Portions of dock located landward of the OHWL shall be considered as a landing, subject to the regulations for landings per section 78-1282. Retaining walls shall not be placed within the shore setback zone. (6) Average lakeshore setback. No principal or accessory structure building shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. Page 11 of 22 SECTION 20. Section 78-1403. - Lot coverage and massing standards shall be amended by adding and deleting text to read as follows: Sec. 78-1403. - Lot coverage and massing standards. In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for structures-buildings: (a) Maximum total footprints allowed. (1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures buildings shall not exceed 20 percent of the gross lot area. (2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory ctructurc&buildings shall not exceed 2,000 square feet. (b) Calculation of massing. Te following All buildings shall be included in the calculation of the total combined footprints by structures: buildings. existing n and leve SECTION 21. Section 78-1404. –Tennis courts, sport courts, pools, paddocks, arenas shall be adding and deleting the text as follows: Sec. 78-1404. --- -_. , e_' -e-' , ___ , - --- , . - . . This section purposely left blank. - -- Iii - -- - - -- restristie SECTION 22. Section 78-1405. - Nonencroachments shall be amended by adding and deleting text to read as follows: Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one-family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, sSteps, sidewalks, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend Page 12 of 22 to a distance of not less than two feet from any lot line. A -- - - -e.'- - fire egress which do not extend more than five feet from the building. Sidewalks, to within five feet of a side lot line. (4) Bays, cantilevers, and fire escapes. In side or rear yards only, the following encroachments are permitted: a. bBays and/or cantilevers which are not part of the defined building footprint, may extend up to not to exceed a depth of two feet into the required side or rear yard, provided the aggregate area of the bays and/or cantilevers is not more than 20 square feet;; and b—fFire escapes not to exceeding a width of three feet and a depth of four feet;_ and open off street parking. (5) -ODriveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways and parking areas may extend to within five feet of a side lot line. - -- - - - , -- -e''' , - -- - , -- -- -- line. (5.16) Retaining walls, planters and similar structures, subject to the following provisions: a. Retaining walls, planters and similar structures may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten feet from the edge of the traveled roadway; 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. 4. The structure is two feet in height or less above existing grade. b. Retaining walls, planters and similar structures exceeding two feet in height above existing ground level or which are located less than five feet from a side property line, shall require a permit and upon recommendation of the building official may require city council review or a conditional use permit per the provisions of section 78-967. c. Retaining walls, planters and similar structures exceeding the allowed height of a fence shall be located so as to meet the required accessory structure setbacks established for that yard. (67) Window wells including those for fire egress which do not extend more than five feet from the building, and no closer than two feet to the property line. (78) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. Page 13 of 22 (89) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section,the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence.A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. Drawing: Fence Height Measurement on Sloped Site 1111111111 a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level . 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. 1. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence Page 14 of 22 involves fill or berming, the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legal nonconforming as to location, height, design or other characteristics may be replaced in kind. (810) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: Page 15 of 22 a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with Article X, Division 4 e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. i. A building permit is required for installation and the property corners must be located for inspection purposes. (101) Gates, when proposed, must meet the following requirements: a. The gate must open into the property not outward towards the right-of-way, and b. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and c. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and d. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and e. For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access, and f. On major thoroughfares the monuments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. SECTION 23. Section 78-1406. -Additional yard provisions shall be amended by adding and deleting text to read as follows: Page 16 of 22 Sec. 78-1406. -Additional yard provisions. Required yards in the districts specified shall be subject to the following additional requirements: (1) Through lots.Through lots in any district shall have a required front yard on each street. (2) B and I districts: adjacent lots. In the B and I districts, -- - •- - - --- of a front yard than not be Tess than five feet nor be required to exceed 50 feet. for lots that are non-conforming with respect to area, the minimum front yard setback for the principal building shall be equal to the average depth of the existing front yards on the adjacent non-residential lots on each side of the non-conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. to exceed 50 feet. SECTION 24. Section 78-1431. -Accessory buildings and structures on through lots shall be amended by adding and deleting text to read as follows: Sec. 78-1431. -Accessory buildings and structures on through lots. All accessory buildings and structures on through lots located in R districts shall meet the following requirements: (1) The building or structure shall meet the principal building setbacks that are established under sections 78-230, 78-255, 78-305, 78-330, 78-350, 78-370, 78-395, 78-420, 78- 444. (2) No negative impacts to adjacent neighbors or public right-of-way result in the placement of the building or structure, determined at the discretion of the City Administratorplar+n-ing director. Should the City Administrator Victor determine that item (2) above cannot be met an accessory structure or building may be permitted by conditional use permit if the planning commission determines no negative impacts result in the placement of the building or structure. The planning commission may apply reasonable conditions as part of the approval. SECTION 25. Section 78-1432. -Time of construction shall be amended by adding and deleting text to read as follows: Sec. 78-1432. -Time of construction. Page 17 of 22 No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. At the time of demolition of the (3) If one of the i -•• e.--e __ _ .- _ •- -••* . . obligations per item (2), the applicants hereby agree as follows: a. The city may enter upon the property and remove the accessory building(s). b. The city may assess the costs of removal to the property. suffer or for which it may be held liable, arising eut of or resulting from the assertion against them of any claims, debts or obligations in consequence of the performance of the terms of thiG agreement. SECTION 26. Section 78-1433. - Height Restrictions shall be amended by adding and deleting text as follows: Sec. 78-1433. -Height restrictions. This section purposely left blank. SECTION 27. Section 78-1434. -Area restrictions shall be amended by adding and deleting text to read as follows: Sec. 78-1434. —Area Building Size Rcestrictions. In all R districts nNo accessory building shall exceed 1,000 square feet of footprint area; except that accessory structures buildings in excess of 1,000 square feet shall be considered oversized and will be allowed under the following conditions: Page 18 of 22 (1) Not more than one oversized accessory structure-buildinq(OASOAB)shall be permitted on any property. An oversized accessory structure OAB is defined as an accessory rstrusturebuildinq of footprint area in excess of 1,000 square feet. (2) An OAB is regulated by the following table: Maximum Maximum Allowed Total Individual of All Accessory Lot Area OAB Accessory She (acres) Structure Building Footprint Footprint Area Areas"-` on (square feet) a Property (square feet) 0-1.99 1,000 2,000 2.00-3.00 1,200 2,400 3.01-3.50 1,400 2,800 3.51-4.00 1,600 3,200 4.01-4.50 1,800 3,600 4.51-5.00 2,000 4,000 5.01-6.00 2,200 4,400 6.01-7.00 2,400 4,800 7.01-8.00 2,600 5,200 8.01-9.00 2,800 5,600 9.01 or more- - 10.00 3,000 6,000 { 10.01 - 11.00 3,200 6,400 11.01 - 12.00 3,400 6.800 12.01 - 13.00 3,600 7,000 13.01 - 14.00 3,800 8,000 14.01 or more 4,000 8.000 Page 19 of 22 *Excluding nonroofed tennis courts, sport courts, pools, paddocks, arenas. (3) Any : - -_ _-.- - -- . - OAB shall be subject to the following conditions: a. - -- -- - -- - - _.. _ - - _ -- - - {pPrincipal structure building setbacks must be met). Further, no such structure OAB shall be nearer the front lot line than the front line of the principal residence building on the property, and no such acce'sory structure shall be located less than 30 feet setbacks apply. b. The maximum height for such accessory structure building shall be 30 feet or the defined height of the principal residence structure building on the property, whichever is less. c. Such structure An OAB shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 1. No future subdivision will be approved that places the OAB within a lot that has no principal structure building, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure OAB may remain without a principal structure building, in order that a principal building may be constructed. At the end of this time period, the oversized accessory structure OAB must be removed if no principal structure building has been constructed. 2. If the property is subdivided, the - --_ -• .. - - OAB and principal structure building will be located together within a lot that meets the minimum lot area requirement for the given size of the oversized accessory structure OAB. 3. In subdivision approval, the setback required for the oversized accessory structure OAB shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property. SECTION 28. Section 78-1435. — Location shall be amended by adding and deleting text to read as follows: Sec. 78-1435. Location Garages on lake lots. Accessory buildings on lake lots with garage doors facing a street shall meet the applicable principal structure setbacks for the district; Section 78-1681 Driveways, in general shall apply. A. - , - ° --! - - - ._! _ . - •• . - : '- -- - or are corner lots. Page 20 of 22 SECTION 29. Section 78-1436. -Setbacks shall be amended by adding and deleting text to read as follows: Sec. 78-1436. -Setbacks,This section purposely left blank. - -1zz. ..• SECTION 30. Section 78-1437. - Plumbing shall be amended by adding and deleting text to read as follows: Sec. 78-1437. - Plumbing. Because the provision of plumbing fixtures and wastewater plumbing in accessory buildings has the potential to allow such buildings to be used as dwelling units, and because it is the policy of the city to limit residential development density to the allowed densities within the respective zoning districts, plumbing in accessory buildings shall be regulated as follows: (1) The provision of outside sillcocks and indoor water supply shall be allowed in any accessory building . -- - -- - - -.- - , - . - --.e. . (2) Installation of any combination of fixtures requiring wastewater plumbing that does not include a shower or bathtub shall be allowed in any accessory building that-is confo g *— .e-, - _ •-•*' , subject to provision of municipal sanitary sewer or a conforming sewage treatment system designed to handle the anticipated flows from such fixtures, and subject to the property owner's executing a covenant 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. (3) Installation of any combination of fixtures requiring wastewater plumbing that includes a shower or bathtub shall be allowed only in an accessory building location s; a and which meets one of the following criteria: a. The accessory building has been approved for a guest house conditional use permit; or b. The accessory building has been approved for a bathtub or shower in accessory building conditional use permit. SECTION 31. Section 78-1439. -Garages shall be amended by adding and deleting text to read as follows: Sec. 78-1439. Garages. This section purposely left blank. - - - - -- I -- SECTION 32. Section 78-1440. — Exterior materials shall be amended by adding and deleting text to read as follows: Page 21 of 22 Sec. 78-1440. - Exterior materials. (a) Aany accessory building and the principal building shall be consistent in design and color. Except for accessory buildings that are less than 120 square feet in area or are located on lots two acres in area or larger. !- -- - -- --- --- -- - - -- -- - - -• - (b) Within RR-1A and RR-1B districts, an accessory building less than 1,000 square feet may be located streetward of the principal building provided the following conditions are met: a. Principal building setbacks shall be met: and b. The accessory building shall be consistent in design, color and exterior material with the principal building. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this /0441day of Dee_ . , 2018 on a vote of/ ayes and nays by the City Council of Orono, Minnesota. ATTEST: Itefte Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of Dee.2.41_, 2018. Page 22 of 22