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05-13-2019 Council Packet
Agenda Council Meeting Monday, May 13, 2019, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification The public is invited to address the council regarding any item on the regular agenda. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda Consent Agenda 1. City Council Meeting Minutes of April 22, 2019 2. City Council Work Session Minutes of April 22, 2019 3. Claims/Bills 4. Approval of Transient Merchant License – Renaissance Fireworks 5. Approval of Message Therapy Renewal License 6. Approval of Kennel License Renewal 7. Approval to Renew Contract With Granicus 8. Approval to Accept Donation Reimbursement from HCEM 9. Appointment of Seasonal Employees 10. Replacement of Truck #708 with Bucket Truck 11. Chipper Box Procurement 12. Tree Inventory 13. LA19-000030 – Original file #17-3918 – William & Kathleen Wanner, 1095 Ferndale Road West, 2nd Extension of Resolution No. 6833 – Resolution 14. LA19-000014 – Nick Rukamp o/b/o Steven Prawer, 4470 Forest Lake Landing, Variance – Resolution 15. LA19-000019 – Chris Lake o/b/o Brackett Point Property, LLC, 1400 Bracketts Point Road, CUP & IUP – Resolution 16. LA19-000020 – Veniamin “Ben” Bocharnikov, 3593 Crystal Place, Variances – Resolution 17. LA19-000021 – Ben and Katrina Wasscher, 4775 North Shore Drive, Variances – Resolution 18. LA19-000023 – Nor-Son Custom Builders o/b/o Charles & Jill Miller, 1600 Bohns Point Road – Resolution 19. LA19-000024 – Streeter & Associates o/b/o Peter & Nicole Thomas, 1385 Orono Lane, Variances – Resolution 20. 2019 Joint Use Dock License Renewals – Resolutions Public Comments – (Limit 5 Minutes per Person) This is an opportunity for the public to address matters not on the agenda. The council will not engage Agenda Council Meeting Monday, May 13, 2019, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification in discussion or take action on items presented at this time. However, the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Presentation 21. Annual Public Hearing for MS4 Storm Water Permit (SWPPP) Public Safety Report 22. Orono Police Department Annual Report 23. Xerxes Award Planning Department Report 24. LA19-000018 – Chris and Rachel Bollis, 350 Stubbs Bay Road North, Preliminary Plat– Resolution 25. LA19-000022 – Mike Steadman o/b/o Eric J Larson and Andrea Larson Living Trust, 690 Brown Road, Preliminary Plat – Resolution 26. LA18-000092 – William & Sue Dunkley, Pence Lane Addition Violation City Administrator Report 27. City Mission, Vision, and Goals 28. Proposal to Purchase PID# 34-118-23-32-0051 Mayor/Council Report 29. HR Evaluations Discussion City Attorney Report Adjournment Upcoming Events 2019 05-20-19 Planning Commission Meeting, Monday, 6:30 p.m. (Dennis Walsh) 05-27-19 Official Holiday, City Offices Closed 05-28-19 City Council Work Session, Tuesday, 5:00 p.m. 05-28-19 City Council Meeting, Tuesday, 7:00 p.m. 06-10-19 City Council Meeting, Monday, 7:00 p.m. 06-17-19 Planning Commission Meeting, Monday, 6:30 p.m. (Richard F. Crosby II) 06-24-19 City Council Work Session, Monday, 5:00 p.m. Agenda Council Meeting Monday, May 13, 2019, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification 06-24-19 City Council Meeting, Monday, 7:00 p.m. 07-01-19 Park Commission Meeting, Monday, 6:30 p.m. 07-04-19 Official Holiday, City Offices Closed 07-05-19 Official Holiday, City Offices Closed 07-08-19 City Council Meeting, Monday, 7:00 p.m. 07-15-19 Planning Commission Meeting, Monday, 6:30 p.m. (Aaron Printup) 07-22-19 City Council Work Session, Monday, 5:00 p.m. 07-22-19 City Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday, April 22, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Matt Johnson, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF APRIL 8, 2019 2. CLAIMS/BILLS 3. RESIDENTIAL RECYCLING SERVICES 4. APPOINTMENT OF 2019 SEASONAL EMPLOYEES 5. SEASONAL EMPLOYEE PAY CORRECTION 6. BACKUP GENERATORS FOR LIFT STATIONS #1 (1302 SHORELINE DRIVE) AND GS#9 (1222 BRACKETTS POINT ROAD) 7. GOLF COURSE DRAINAGE PROJECT 8. SURFACE WATER MANAGEMENT PLAN ADOPTION RESOLUTION NO. 6967 9. 2019 SANITARY SEWER 10. FIRST QUARTER FINANCIAL REPORT 11. LA19-000007 TOM RAUSCHER ON BEHALF OF DONALD AND HEIDI HABERMAN, 2799 PHEASANT ROAD, VARIANCES – REVISED RESOLUTION NO. 6966 The City Council requested the following corrections be made to Resolution No. 6966 Page 1, Item 7, 303 square feet of hardcover should read 313 square feet, and under proposed hardcover, Items K and L, the total square footage should not exceed 313 square feet. 12. LA19-000010 REHKAMP LARSON ARCHITECTS, 2587 KELLY AVENUE, VARIANCE, CONDITIONAL USE PERMIT – REVISED RESOLUTION NO. 6968 13. LA19-000011 JULIE LENSING, 3349 CRYSTAL BAY ROAD, VARIANCE – DENIAL RESOLUTION NO. 6969 MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday, April 22, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Crosby moved, Seals seconded, to approve the Consent Agenda as submitted, with the above-noted revisions to the Resolution for Item No. 11. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None PRESENTATION 14. 2017 AUDIT Michele Hoffman, Clifton, Larson and Allen, provided a summary of the City’s 2017 audit results. Minnesota Statutes require that the City have an annual audit performed by a certified public accountant or the State Auditor. The audit was issued a couple of months ago. It should be noted that the audit provides reasonable but not absolute assurance since the audit does not test every single transaction. There were no major accounting policies adopted in 2017. The audit provides significant accounting estimates, such as the useful life of capital assets, valuation of investments, post-employment benefits, net pension liability, and related deferred outflows and deferred inflows. Full cooperation was received from management. Following review of the City’s financials, Clifton, Larson is able to issue an unmodified or clean opinion on the City’s financial statements. There were some exceptions to internal controls noted, such as preparation of financial statements. Audit requirements require that be noted in the internal control letter. Internal controls are regulated by a lot of complicated accounting rules and it is not unusual for cities to rely on their auditors for segregation of some duties. The audit looked at the City’s controls over financial transactions that flow through the City. Good accounting practices state that no one employee should control a transaction from start to finish. Orono did have some areas where only one employee was responsible for that task, but the audit did not find anything concerning. Overall segregation of duties can be difficult when there is a smaller staff, which is fairly common in smaller cities. The audit also looked at journal entries. There was one material adjustment that was required which related to a debt service payment that was reported in the incorrect fund. The check signer review has also come up in the past. In certain situations, the actual invoices are not always being reviewed by the check signer and that area could be strengthened as well. There were no exceptions noted in regard to Minnesota legal compliance. The audit tested approximately ten different items, such as bids and quotes, and if there were any items that were not in compliance, those would be noted. As it relates to the General Fund, the unassigned fund balance, for the last couple of years it has been steadily increasing to just under $4.5 million in 2017. That number represents approximately 58 percent of the City’s General Fund expenditures. Hoffman noted that number typically should be kept at around 40 to 50 percent of expenditures, which amounts to approximately six months of expenses. City policy says around 45 percent and Orono did have some excess unassigned fund balances in 2017. With regard to the General Fund – Revenue, that has also remained fairly steady showing a slight increase each year. Public services, consisting of various police contracts, accounts for the second largest portion of that revenue, with property taxes being the largest. Other sources of revenues include licenses and MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday, April 22, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ permits, intergovernmental, and user fees. Overall revenues have remained fairly steady over the past five years, with a slight increase being noted in 2016 and 2017. Expenditures out of the General Fund are comprised of general government expenses, streets, public safety, public works, recreation and parks, and other expenditures. The green bar on the chart represents municipal state aid, which has decreased the past few years. The amount collected in property taxes has increased slightly in the past few years. By far the two largest expenditures of the City are capital outlay, such as the new police garage, and debt service. Seals asked why there is nothing listed under licenses and permits in 2017. Hoffman stated she will have to check on that but that there was revenue received from licenses and permits. Johnson asked what revenue from governmental funds is. Hoffman indicated most of it would be debt service funds or tax levy dollars. The exact source would depend on the fund, but other examples would include municipal state aid or park dedication fees. Hoffman noted the main expenditure of the City is debt service, which has been decreasing over the past few years, followed by capital outlay for various projects. The enterprise funds are broken out into unrestricted (spendable) and operating income. In 2017 the sewer fund had approximately $3 million, the storm water fund had $1.5 million, and the water fund decreased to just under $800,000. Hoffman recommended the City keep an eye on the enterprise funds to make sure they can fund potential capital outlays in the future. Walsh noted back in 2015, the City had no road improvements budgeted and that this Council is now more focused on budgeting for infrastructure improvements. Starting in 2015, his mandate was not to bond any more but to budget for various infrastructure improvements. Over the past couple of years approximately $4.5 million in debt has been paid off. Decreasing the City’s debt service will help the overall budget and has helped the City’s cash position on the balance sheet consistently get better with the reduction in the debt. Hoffman stated the City should always keep a certain amount in reserves when considering whether to bond or not. Hoffman noted a couple of the enterprise funds were operating at a loss in 2017, such as the water fund, and the recycling fund had approximately a $14,000 operating loss. The sewer fund was approximately $1,000 in the hole. Hoffman stated it is fairly common to see operating losses in enterprise funds since that number also includes depreciation and that if the number only reflected operating expenses, those funds would likely be positive. As it relates to debt service, in 2017 there was a bond that was paid off, which is why the amount was larger in 2017. It is projected the City’s debt service will decrease in the years going forward from 2018 through 2022. Hoffman stated last year she had a graph that compared the tax rates of neighboring cities, but the League of Minnesota Cities did not have that data available for 2017 on their website. That graph helped provide a nice idea of where Orono compared with neighboring cities. MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday, April 22, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Seals noted the City of Medina sent out a notice recently and they listed Orono as the lowest. Hoffman noted GASB Statement No. 75 will be applicable in 2018. The City currently has liability on its books for post-employment benefits, such as health insurance. The regulations have changed in how that liability is being measured. Those liabilities originally were allowed to be phased in over 30 years but that is being eliminated, and due to that change, it is likely that liability amount will increase slightly. GASB Statement No. 87 will be applicable for fiscal year 2020 and relates to how the City accounts for any leases it might have. As a result of this change, leases might end up having to be on the financials as a liability if the term is over a year. Hoffman recommended the City take an inventory of those leases. The City Council took no formal action on this item. PLANNING DEPARTMENT REPORT 15, CONSIDERATION OF SUPPORT FOR GRANT APPLICATION FOR LAKEWEST, LLC – RESOLUTION NO. 6970 Barnhart stated Lakewest, LLC, has submitted a request for City Council authorization of an application for a Tax Base Revitalization grant from the Metropolitan Council to assist in mitigation costs on the site. The applicant is proposing development of a former landfill site known as the Eisinger property. By state statue, the applicant must be a local government. The developer will make the application on the City’s behalf. The deadline for the application is twice a year, May 1 and November 1. The attached resolution, if adopted, states the Council authorizes the application by Lakewest and that the City will administer the grant if awarded for a high-density housing project of 20-25 units per acre. The resolution does not state the Council will approve the project reviewed by the Planning Commission in April. Staff supports the application from an environmental impact standpoint since development of the property will require proper mitigation of the landfilled materials. Seals noted this resolution does not approve the proposed project. Johnson asked how much Staff time will go into this. Barnhart indicated he is not sure at this time but that typically cities will administer grants from time to time. It is not anticipated this grant will require a huge amount of staff time. Curt Fretham, Lakewest Development, stated he is here for questions and that he is hoping to get the City’s support on the cleanup of the site. Walsh stated the application seems pretty straight forward. Johnson moved, Crosby seconded, to adopt RESOLUTION NO. 6970, a Resolution Authorizing Application for the Tax Base Revitalization Account. VOTE: Ayes 4, Nays 0. MINUTES OF THE ORONO CITY COUNCIL MEETEING Monday, April 22, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ MAYOR/COUNCIL REPORT Walsh reported over the past couple of weeks he has met with some of the residents regarding the roads and that it is the Council’s intention to continue moving in the same direction with funding of more road improvements. It is the goal to increase the road management fund from $500,000 to $700,000 over the next year or two. CITY ADMINISTRATOR REPORT Rief commended the Orono Police Department for receiving the Minnesota Police Chiefs’ top award for innovation for their community dog program. CITY ATTORNEY REPORT None ADJOURNMENT Seals moved, Crosby seconded, to adjourn the meeting at 7:42 p.m. VOTE: Ayes 4, Nays 0. ATTEST: ____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Monday, April 22, 2019 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, and Matt Johnson. Representing staff were City Administrator Dustin Rief, Director of Public Works/City Engineer Adam Edwards, Finance Director Ron Olson and City Clerk Anna Carlson. Meeting Start Time: 5:02 p.m. 1. Orono Planning and Road Funding Mayor Dennis Walsh began discussion of the top roads of focus for 2020. Director of Public Works/City Engineer Adam Edwards presented the potential 2020- 2024 budgeting plan for maintenance, reconstruction, reclamation, and Mill & Overlay for Orono’s roads. Council Member Matt Johnson asked what the plans were for detours during the Tanager Bridge reconstruction project. Edwards shared what he thought could be the main official detour but also mentioned that he would like to consider making the load restrictions on Fox street permanent during the reconstruction of Tanager Bridge due to the current condition of the road. Edwards defined how the City determines the estimates for roads and mentioned that the numbers are conservative and simple. Once Council gives guidance on roads, staff goes out for more details and research and the numbers are recalculated. He reiterated that the numbers here are only related to pavement, other areas such as Stormwater, drainage, etc. would be added at a later date to coincide with the project. City Administrator Dustin Rief described the cycle and process for planning and developing the prospective budget for projects, repairs, and other maintenance of roads. First, the roads are identified and brought to council for guidance. Then, staff gets more in-depth details regarding what to expect for each project and then they bring it back to council. Late fall is normally when we have a preliminary plan for roads then in late- winter. The City will then have an open house to provide feedback on the preliminary plans for roads. 2. City Administrator Update Rief presented an update to the City Council about ongoing areas of focus within the City internally and externally. Council Member Matt Johnson gave input in regards to the City’s Administrative internal and external processes. Johnson added that alignment between Staff and Council should be part of our process. The City may want to focus on formalizing the platform and ensuring each department has a very specific goal to achieve. Orono City Council Work Session Minutes Monday, April 22, 2019 Council Chambers 5:00 p.m. 3. Marina’s Update - Victoria Seals Council Member Victoria Seals mentioned that the City revisit and discuss the possibility of bringing back a Marina License that would include inspections. Seals noted that licensing with inspections could be easier to enforce and manage compliance. Seals asked that staff find out from the City attorney what the next steps would be if there are violations of CUP’s. Meeting End 6:12 p.m. ATTEST: ___________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: MLU Reviewed By:RJO Approved By: DJR 1. Purpose. The purpose of this action item is to approve payment of claims made on the City for services and/or products provided to the City. 2. Background. The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 111729 to 111821, totaling $321,510.24. 3. Noteworthy Payments. Vendor Amount Description of Payment #111754 Cargill Salt $31,138.29 Payment for road salt (Jan-Mar 2019) and water tower softener salt. #111774 League of MN Cities $119,615.00 Payment for the first half of the Comprehensive Municipal Liability and Excess Liability Insurance. #111788 Mission Communications LLC $5,248.80 Annual service fee for sewer lifts station alarm service. This service notifies the on-call Public Works employee if there is a lift station problem. 4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims list as presented. COUNCIL ACTION REQUESTED Motion to approve the claims list as presented. Exhibits A. Check Register Item No.: 3 Date: May 13, 2019 Item Description: Claims/Bills Presenter: Maggie Ung Accountant Agenda Section: Consent Agenda City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Hennepin County Attorney's Office 04/23/2019 111216 302952 101-42110-311 Ref #20962991; Case #18-012731 E-Delivery/Form Police Department 38.00- Total 111216:38.00- SUMMONS & SUBPOENAS DEP 04/23/2019 111729 302952 101-42110-311 Ref #20962991; Case #18-012731 E-Delivery/Form Police Department 38.00 Total 111729:38.00 WILLIAM & ELEANOR FERRIL 04/26/2019 111735 042419 101-22205 700.00 Total 111735:700.00 Cowden, Margaret 05/03/2019 111736 050219 101-22205 Escrow Refund 2017-00565 3085 Watertown Rd 1,000.00 Total 111736:1,000.00 Fineline Lakeshore Service 05/03/2019 111737 050219 101-22205 Escrow Refund LA19-000003 1795 Fox Street 700.00 Fineline Lakeshore Service 05/03/2019 111737 050219 101-39615 Escrow Refund LA19-000003 1795 Fox Street 21.00- Total 111737:679.00 Smith, Michael & Vanessa 05/03/2019 111738 050219 101-22205 Escrow Refund 2017-01424 & 17-3967 3060 North 2,500.00 Total 111738:2,500.00 A 1 ELECTRIC SERVICE OF WA 05/13/2019 111741 21454 101-41900-404 Replace Flag Pole Light Central Services 242.22 Total 111741:242.22 Advance Auto Parts 05/13/2019 111742 6974-350230 701-49800-222 Unit #712 Repair 105.69 Advance Auto Parts 05/13/2019 111742 6974-350339 701-49800-222 Unit #712 Repair - Return Brake 55.00- Total 111742:50.69 ALL SEASON SPORTS 05/13/2019 111743 41719011144 101-42110-403 Misc Squad Supplies Police Department 170.00 Total 111743:170.00 ALLSTREAM 05/13/2019 111744 16090060 101-42110-321 Phone service Police Department 304.68 ALLSTREAM 05/13/2019 111744 16090060 101-41900-321 Phone Service Central Services 426.55 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount ALLSTREAM 05/13/2019 111744 16090060 601-49400-321 Phone Service Water 71.09 ALLSTREAM 05/13/2019 111744 16090060 602-49450-321 Phone Service Sewer 213.27 Total 111744:1,015.59 APPRIZE TECHNOLOGY SOLUT 05/13/2019 111745 17970 101-41900-319 Administrative Fee 05/19 Central Services 484.50 Total 111745:484.50 ASPEN EQUIPMENT 05/13/2019 111746 10204032 101-43000-224 Brine Tank Fittings and Hose Public Works Department 366.96 ASPEN EQUIPMENT 05/13/2019 111746 10204033 101-43000-224 Brine Tank Fittings Public Works Department 153.31 Total 111746:520.27 AWWA 05/13/2019 111747 7001654738 601-49400-433 05/01/19-04/30/20 - membership S. Oberaigner Water 208.00 Total 111747:208.00 BARNUM GATE SERVICES INC 05/13/2019 111748 24312 101-42110-404 PD Gate Repair Police Department 682.20 Total 111748:682.20 BOYER TRUCKS 05/13/2019 111749 853521 701-49800-402 Brake Parts Unit 711 Task 28830 513.96 BOYER TRUCKS 05/13/2019 111749 CM853521 701-49800-402 Brake Parts Unit 711 Task 28830 513.96- Total 111749:.00 CAMPBELL KNUTSON 05/13/2019 111750 0000G-161 101-41600-307 General Legal 04/19 Law/Legal Services 1,997.32 CAMPBELL KNUTSON 05/13/2019 111750 0004G-149 101-42110-307 Police Matters 04/19 Police Department 589.00 CAMPBELL KNUTSON 05/13/2019 111750 0115G-104 101-41600-308 Code Enforcement 04/19 Law/Legal Services 263.50 CAMPBELL KNUTSON 05/13/2019 111750 0150G-94 101-41600-307 Contempt Matter 04/19 Law/Legal Services 434.00 CAMPBELL KNUTSON 05/13/2019 111750 0201G-83 101-41600-307 Misc Recordings 04/19 Law/Legal Services 321.45 CAMPBELL KNUTSON 05/13/2019 111750 0473G-27 101-41600-307 Johnson/Feldshon Matter Law/Legal Services 465.00 CAMPBELL KNUTSON 05/13/2019 111750 0571G-5 101-43280-307 LA18-000078 Orono Orchard Hill Plat Special Services 600.00 CAMPBELL KNUTSON 05/13/2019 111750 0594G-2 101-43280-307 LA18-000104 3382 Shoreline Drive Special Services 338.50 CAMPBELL KNUTSON 05/13/2019 111750 0597G-1 101-43280-307 LA19-000007 2799 Pheasant Rd Special Services 75.00 CAMPBELL KNUTSON 05/13/2019 111750 0598G-1 101-43280-307 LA19-000009 1645 Shadywood Rd Special Services 75.00 CAMPBELL KNUTSON 05/13/2019 111750 0599G-1 101-43280-307 LA19-000010 2587 Kelley Ave Special Services 250.00 CAMPBELL KNUTSON 05/13/2019 111750 0600G-1 101-43280-307 LA19-000011 3349 Crystal Bay Rd Special Services 250.00 CAMPBELL KNUTSON 05/13/2019 111750 0800G-44 101-42400-307 Staff Meetings 04/19 Building & Zoning 403.00 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CAMPBELL KNUTSON 05/13/2019 111750 0801G-44 101-41600-307 Council Communications 04/19 Law/Legal Services 1,116.00 CAMPBELL KNUTSON 05/13/2019 111750 0802G-44 101-42400-307 B&Z Assistance 04/19 Building & Zoning 1,026.00 Total 111750:8,203.77 Capital One Commercial 05/13/2019 111751 3282 101-43000-224 Mail Box Post Repair Public Works Department 108.42 Capital One Commercial 05/13/2019 111751 3282108190 101-43000-224 Mail Box Post Repair Public Works Department 108.42 Total 111751:216.84 CAPITOL BEVERAGE SALES L.P 05/13/2019 111752 2255384 101-45210-091 beer for resale-Golf Course Golf Course 216.00 Total 111752:216.00 CARDMEMBER SERVICE 05/13/2019 111753 031919-6 101-41110-439 WS Food 3/19/19 Mayor & Council 64.52 CARDMEMBER SERVICE 05/13/2019 111753 032019-5 101-41300-437 MCFOA Lodging Conference Administration 117.13 CARDMEMBER SERVICE 05/13/2019 111753 041519-3 101-45210-221 Aerator Gas Cap Golf Course 20.90 CARDMEMBER SERVICE 05/13/2019 111753 041619-1 101-45210-226 Mitchell's Work Boots Golf Course 71.99 CARDMEMBER SERVICE 05/13/2019 111753 041919 101-42110-489 Hwy Cleanup Supplies Police Department 29.08 CARDMEMBER SERVICE 05/13/2019 111753 042219 101-42110-437 DMT Online Refresher - R. Spencer Police Department 75.00 CARDMEMBER SERVICE 05/13/2019 111753 042219-1 101-41110-439 WS Food 4/22/19 Mayor & Council 86.02 CARDMEMBER SERVICE 05/13/2019 111753 042219-2 101-41110-439 CC Meeting 4/22/19 WS Food & Meeting Cookies Mayor & Council 20.83 CARDMEMBER SERVICE 05/13/2019 111753 042719 101-45200-416 Big Island Security Camera Parks 29.97 CARDMEMBER SERVICE 05/13/2019 111753 042919-1 101-42110-433 Police Officer License Renewal - T. Carlson Police Department 90.00 CARDMEMBER SERVICE 05/13/2019 111753 043019 701-49800-212 Small Engines Chainsaws 27.59 CARDMEMBER SERVICE 05/13/2019 111753 050219 101-42110-437 DMT Online Refresher - T. White Police Department 75.00 CARDMEMBER SERVICE 05/13/2019 111753 050219-1 101-42110-433 Membership to PLEAA - H. Gehlen Police Department 85.00 CARDMEMBER SERVICE 05/13/2019 111753 050619 101-42110-580 Bike Rack for Squad Police Department 452.65 CARDMEMBER SERVICE 05/13/2019 111753 050619-1 101-45210-221 Square Stand for iPad Register - GC Golf Course 133.24 CARDMEMBER SERVICE 05/13/2019 111753 050719 101-42110-437 DMT Online Refresher - J. Needham Police Department 75.00 CARDMEMBER SERVICE 05/13/2019 111753 050719-1 101-42110-437 Tactical Leadership Course Police Department 179.00 CARDMEMBER SERVICE 05/13/2019 111753 050819 601-49400-227 Bottled Water for 3038 Casco Pt Rd Water 11.96 Total 111753:1,644.88 CARGILL SALT 05/13/2019 111754 2904529232 101-43000-224 Treated Road Salt Public Works Department 2,140.00 CARGILL SALT 05/13/2019 111754 2904540961 101-43000-224 Treated Road Salt Public Works Department 1,869.50 CARGILL SALT 05/13/2019 111754 2904556365 101-43000-224 Treated Road Salt Public Works Department 1,729.98 CARGILL SALT 05/13/2019 111754 2904562463 101-43000-224 Treated Road Salt Public Works Department 2,192.22 CARGILL SALT 05/13/2019 111754 2904581630 101-43000-224 Treated Road Salt Public Works Department 2,101.48 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARGILL SALT 05/13/2019 111754 2904594029 101-43000-224 Non Treated Road Salt Public Works Department 1,993.26 CARGILL SALT 05/13/2019 111754 2904594031 101-43000-224 Treated Road Salt Public Works Department 2,022.73 CARGILL SALT 05/13/2019 111754 2904595130 101-43000-224 Non Treated Road Salt Public Works Department 2,010.79 CARGILL SALT 05/13/2019 111754 2904607171 101-43000-224 Treated Road Salt Public Works Department 2,064.67 CARGILL SALT 05/13/2019 111754 2904651378 101-43000-224 Non Treated Road Salt Public Works Department 1,707.68 CARGILL SALT 05/13/2019 111754 2904661713 101-43000-224 Treated Road Salt Public Works Department 2,068.10 CARGILL SALT 05/13/2019 111754 2904661714 101-43000-224 Treated Road Salt Public Works Department 2,086.93 CARGILL SALT 05/13/2019 111754 2904661715 101-43000-224 Treated Road Salt Public Works Department 2,125.45 CARGILL SALT 05/13/2019 111754 2904736868 601-49400-216 Nav Wtr Plant Salt Water 5,025.50 Total 111754:31,138.29 Carrot-Top Industries Inc 05/13/2019 111755 42425100 101-43000-224 Flags for Street Light - Cty Rd 15, 112, OCB Public Works Department 983.64 Total 111755:983.64 CECE S SIGNS 05/13/2019 111756 7991 602-49450-406 Graphics for GS # 9, LS #13 & 32 Sewer 150.00 Total 111756:150.00 CENTERPOINT ENERGY MAIN 05/13/2019 111757 042319 602-49450-381 LS #32 Southways Generator Gas 3/20-4/19/19 Sewer 21.27 CENTERPOINT ENERGY MAIN 05/13/2019 111757 042319-1 602-49450-381 LS #9 Generator Sewer 18.68 CENTERPOINT ENERGY MAIN 05/13/2019 111757 32819 601-49400-381 Gas 3/21-4/19/19 Water 608.61 CENTERPOINT ENERGY MAIN 05/13/2019 111757 32819 602-49450-381 Gas 3/21-4/19/19 Sewer 436.12 CENTERPOINT ENERGY MAIN 05/13/2019 111757 32819 101-41900-381 Gas 3/21-4/19/19 Central Services 606.97 CENTERPOINT ENERGY MAIN 05/13/2019 111757 32819 101-42110-381 Gas 3/21-4/19/19 Police Department 194.54 CENTERPOINT ENERGY MAIN 05/13/2019 111757 32819 101-45210-381 Gas 3/21-4/19/19 Golf Course 118.18 Total 111757:2,004.37 CENTURY LINK 05/13/2019 111758 041919 101-45210-321 GC phone/internet 4/19/19-5/18/19 Golf Course 199.45 Total 111758:199.45 CHUNKS LAKESHORE AUTO 05/13/2019 111759 0016591 101-42110-402 #248 Service Police Department 633.16 CHUNKS LAKESHORE AUTO 05/13/2019 111759 0016614 101-42110-402 #248 Service Police Department 79.37 CHUNKS LAKESHORE AUTO 05/13/2019 111759 0016620 101-42110-402 #254 service Police Department 44.90 CHUNKS LAKESHORE AUTO 05/13/2019 111759 0016635 101-42110-402 #246 Service Police Department 48.31 CHUNKS LAKESHORE AUTO 05/13/2019 111759 001666 101-42110-402 #247 Service Police Department 48.35 CHUNKS LAKESHORE AUTO 05/13/2019 111759 0016666 101-42110-402 #247 Service Police Department 48.35 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111759:902.44 CINTAS CORPORATION 05/13/2019 111760 4020453280 101-43000-226 Uniform Public Works Department 60.84 CINTAS CORPORATION 05/13/2019 111760 4020453280 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 05/13/2019 111760 4020869141 101-43000-226 Uniform Public Works Department 60.84 CINTAS CORPORATION 05/13/2019 111760 4020869141 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 05/13/2019 111760 4020869141 101-43000-404 Mat Service - PW Public Works Department 14.40 CINTAS CORPORATION 05/13/2019 111760 4021297471 101-43000-226 Uniform Public Works Department 60.84 CINTAS CORPORATION 05/13/2019 111760 4021297471 101-43000-221 Shop Towels Public Works Department 2.63 Total 111760:204.81 CITY OF BLOOMINGTON 05/13/2019 111761 1900111 601-49400-489 Bacterial Water Testing Water 31.50 Total 111761:31.50 DELTA DENTAL 05/13/2019 111762 7628799 101-21709 0037220072 May 2019 Dental 3,178.87 DELTA DENTAL 05/13/2019 111762 7628799 101-15998 0037220072 May 2019 Dental 330.95 Total 111762:3,509.82 EARL F ANDERSON & ASSOC 05/13/2019 111763 0119869-IN 101-43000-224 2019 Dist 1 Sign Public Works Department 2,137.25 Total 111763:2,137.25 ECM PUBLISHERS INC 05/13/2019 111764 682319 101-41900-352 Open Book Meeting Central Services 23.84 ECM PUBLISHERS INC 05/13/2019 111764 684462 101-45210-352 Multi-seasonal Job Ad Golf Course 225.00 ECM PUBLISHERS INC 05/13/2019 111764 687480 601-49400-352 2018 Drinking Water Report Water 464.88 ECM PUBLISHERS INC 05/13/2019 111764 689711 651-49910-352 Storm Water Pollution Prevention Storm Water 23.84 ECM PUBLISHERS INC 05/13/2019 111764 692152 603-49500-352 Recycling Services Bid 44.70 Total 111764:782.26 GENUINE PARTS COMPANY/NA 05/13/2019 111765 3270-437206 701-49800-212 Truck #712 Oil Filter Task 28840 14.02 GENUINE PARTS COMPANY/NA 05/13/2019 111765 3270-438492 101-42110-221 Battery Brush & Windshield Wash Police Department 15.37 GENUINE PARTS COMPANY/NA 05/13/2019 111765 3270-438494 701-49800-222 Parts for Units #710 & #713 98.12 GENUINE PARTS COMPANY/NA 05/13/2019 111765 3270-438645 701-49800-222 Unit #712 Repair - Parts 19.57 GENUINE PARTS COMPANY/NA 05/13/2019 111765 3270-438746 101-42110-402 PD Supplies Police Department 20.47 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111765:167.55 GOPHER ACE 05/13/2019 111766 A52314 601-49400-227 South Water Plant Keys Water 1.99 Total 111766:1.99 GOPHER STATE ONE CALL 05/13/2019 111767 9040648 601-49400-489 locates Water 201.83 GOPHER STATE ONE CALL 05/13/2019 111767 9040648 602-49450-489 locates Sewer 201.82 Total 111767:403.65 HENNEPIN COUNTY INFOR TE 05/13/2019 111768 1000129929 101-42110-414 PD Radio Communication-4/19 Police Department 2,469.21 HENNEPIN COUNTY INFOR TE 05/13/2019 111768 1000130322 710-49970-401 Network Support 5-2019 58.00 Total 111768:2,527.21 HENNEPIN COUNTY SHERIFF 05/13/2019 111769 1000129886 101-41600-309 Jail Charges-Apr/2019 Law/Legal Services 187.50 Total 111769:187.50 HERC U LIFT 05/13/2019 111770 S0093990 101-43000-404 Pallet Racking for Pwrks Building Public Works Department 1,991.35 Total 111770:1,991.35 JACKIE YOUNG 05/13/2019 111771 042919 101-41300-319 CC Meeting 4/8/19 Administration 190.00 JACKIE YOUNG 05/13/2019 111771 042919 101-41300-319 CC Meeting 4/22/19 Administration 100.00 JACKIE YOUNG 05/13/2019 111771 042919 101-42400-319 PC Meeting 4/15/19 Building & Zoning 240.00 Total 111771:530.00 JASON BARNES 05/13/2019 111772 050619 101-42110-226 Investigator Clothing Police Department 399.60 Total 111772:399.60 KENNETH BECK 05/13/2019 111773 042419 101-42110-437 Reimburse 1st Responder Training Police Department 14.72 Total 111773:14.72 LEAGUE OF MN CITIES 05/13/2019 111774 041919 703-49960-361 Property/Causualty Insurance 119,615.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111774:119,615.00 LOGIS 05/13/2019 111775 46948 101-41900-329 Backups 5/19 Central Services 850.00 LOGIS 05/13/2019 111775 46948 101-42110-310 Police Records 5/19 Police Department 7,293.00 LOGIS 05/13/2019 111775 46948 101-42110-329 Internet 5/19 Police Department 218.00 LOGIS 05/13/2019 111775 46948 614-49840-329 Internet 5/19 Cable Franchise 218.00 LOGIS 05/13/2019 111775 47045 710-49970-221 Tokens - PD 30.00 Total 111775:8,609.00 Lube Tech & Partners LLC 05/13/2019 111776 1360378 701-49800-212 Diesel Fuel Additive 139.69 Lube Tech & Partners LLC 05/13/2019 111776 1363313 101-43000-224 Hand Soap - 1 Case Public Works Department 162.55 Lube Tech & Partners LLC 05/13/2019 111776 1366468 701-49800-212 Food Grad Oil for Floor Hoists 182.10 Total 111776:484.34 LUBE TECH ESI 05/13/2019 111777 1368517 701-49800-403 Gas Pump Meter Replacement 4,130.20 Total 111777:4,130.20 MACQUEEN EQUIPMENT 05/13/2019 111778 P19517 602-49450-222 Vactor 2100 Parts Sewer 262.45 MACQUEEN EQUIPMENT 05/13/2019 111778 P19545 602-49450-222 Vactor 2100 Parts - Gasket, Hose Sewer 451.68 Total 111778:714.13 MANSFIELD OIL COMPANY 05/13/2019 111779 21270311 101-42110-212 Unleaded Fuel Police Department 1,020.30 MANSFIELD OIL COMPANY 05/13/2019 111779 21270312 701-49800-212 Diesel Fuel 751.08 MANSFIELD OIL COMPANY 05/13/2019 111779 21270329 701-49800-212 Diesel Fuel 546.90 MANSFIELD OIL COMPANY 05/13/2019 111779 21270330 101-42110-212 Unleaded Fuel Police Department 2,284.65 Total 111779:4,602.93 MCFOA 05/13/2019 111780 050619 101-41300-433 membership renewal A.Carlson Administration 45.00 MCFOA 05/13/2019 111780 050819 101-41500-433 Membership Renewal S. Pettit Finance Department 45.00 Total 111780:90.00 MEDIACOM 05/13/2019 111781 042119 614-49840-329 Internet 05/2019 Cable Franchise 1,187.00 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111781:1,187.00 MET COUNCIL ENVIRONMENTA 05/13/2019 111782 0001095806 601-49400-441 2019 Discharge Permit - Navarre Water Water 475.00 MET COUNCIL ENVIRONMENTA 05/13/2019 111782 0001096085 602-49450-383 Wastewater Charges 6/2019 Sewer 46,280.36 Total 111782:46,755.36 METRO WEST INSPECTIONS S 05/13/2019 111783 1946 101-42400-310 Inspection Services March 2019 Building & Zoning 9,566.50 Total 111783:9,566.50 MHSRC/Range 05/13/2019 111784 629430-6859 101-42110-437 EVOC Law Enforcement Trg-Z. Hway Police Department 595.00 Total 111784:595.00 Millz House 05/13/2019 111785 8154 101-45200-404 1st Half Hackberry Park Basketball Court Parks 1,099.50 Total 111785:1,099.50 MINNESOTA EQUIPMENT 05/13/2019 111786 P78510 101-45200-223 Landpride Mower Blades, Green Spray Paint Parks 154.78 MINNESOTA EQUIPMENT 05/13/2019 111786 P78585 701-49800-212 Chainsaw Bar Oil 19.65 MINNESOTA EQUIPMENT 05/13/2019 111786 P79122 701-49800-212 Small Engines Chainsaws Gas 26.52 Total 111786:200.95 MINUTEMAN PRESS 05/13/2019 111787 24054 101-41900-352 Spring Newsletter Central Services 1,623.61 MINUTEMAN PRESS 05/13/2019 111787 24055 101-41900-352 Spring Newsletter Postage Central Services 794.58 Total 111787:2,418.19 MISSION COMMUNICATIONS LL 05/13/2019 111788 1028156 602-49450-406 Annual service LS alarm Sewer 5,248.80 Total 111788:5,248.80 MN DEPT OF COMMERCE 05/13/2019 111789 001-0000568 101-42110-221 Calibrate Wheel-Load Weighers Police Department 3.64 Total 111789:3.64 MN DEPT OF REVENUE-WIRE 05/13/2019 111790 043019 101-34210 Sales Tax 4/2019 38.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MN DEPT OF REVENUE-WIRE 05/13/2019 111790 043019 101-34650 Sales Tax 4/2019 9.00 MN DEPT OF REVENUE-WIRE 05/13/2019 111790 043019 101-37910 Sales Tax 4/2019 1,098.00 MN DEPT OF REVENUE-WIRE 05/13/2019 111790 043019 101-37920 Sales Tax 4/2019 114.00 MN DEPT OF REVENUE-WIRE 05/13/2019 111790 043019 101-37930 Sales Tax 4/2019 34.00 MN DEPT OF REVENUE-WIRE 05/13/2019 111790 043019 101-37940 Sales Tax 4/2019 23.00 MN DEPT OF REVENUE-WIRE 05/13/2019 111790 043019 101-37970 Sales Tax 4/2019 12.00 Total 111790:1,328.00 Modern Power Solutions 05/13/2019 111791 0242 602-49450-403 LS #26 Generator Repairs - Task 28823 Sewer 718.00 Total 111791:718.00 MOUND TRUE VALUE 05/13/2019 111792 159546 101-42110-221 Cleaning Wipes, Hardware Police Department 6.68 MOUND TRUE VALUE 05/13/2019 111792 159595 101-42110-240 Sunction Cup & Electric Tape Police Department 8.48 MOUND TRUE VALUE 05/13/2019 111792 159715 101-42110-226 Hex Key for Weapons Police Department 6.99 MOUND TRUE VALUE 05/13/2019 111792 159827 101-42110-240 PD Gas Grill Police Department 269.00 MOUND TRUE VALUE 05/13/2019 111792 159849 101-42110-240 PD Wet Dry Vac Police Department 85.99 MOUND TRUE VALUE 05/13/2019 111792 A84508 101-42110-201 Apply Credit Balance Police Department 57.53- Total 111792:319.61 NAVARRE HARDWARE 05/13/2019 111793 316661 601-49400-227 Unit #712 Curb Stop Supplies Water 17.27 NAVARRE HARDWARE 05/13/2019 111793 317103 601-49400-322 UPS Water Water 11.41 Total 111793:28.68 NCPERS GROUP LIFE INS.05/13/2019 111794 6732000520 101-21710 Pera life 05/2019 352.00 Total 111794:352.00 NEWEGG INC 05/13/2019 111795 050319 101-42110-221 Monitor Adaptors - PD Police Department .99- NEWEGG INC 05/13/2019 111795 050319 101-41900-221 HDMI Cable - Bldg Official Central Services 1.65- NEWEGG INC 05/13/2019 111795 1301979616 710-49970-221 Phone Light - A. Hentges 19.95 NEWEGG INC 05/13/2019 111795 1301981555 101-42110-221 PD Arlo Cameras - Battery Chargers Police Department 38.95 NEWEGG INC 05/13/2019 111795 1301997640 710-49970-221 DVD Drive Replacement - J. Werder 22.00 NEWEGG INC 05/13/2019 111795 1302010329 710-49970-221 Flash Drive - PD 53.50 NEWEGG INC 05/13/2019 111795 1302010335 710-49970-221 Flash Drive - City 6.51 NEWEGG INC 05/13/2019 111795 1302013611 710-49970-221 PW Truck Laptop Battery 20.56 NEWEGG INC 05/13/2019 111795 130983588 710-49970-221 Power Supply Replacement - PD & Spare 185.72 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111795:344.55 NORTH MEMORIAL 05/13/2019 111796 043019 101-42110-437 EMR Refresher - 4 Officers Police Department 280.00 Total 111796:280.00 NORTHLAND CHEMICAL CORP 05/13/2019 111797 3211 101-42110-223 Men's Restroom Sani Mat - PD Police Department 85.70 Total 111797:85.70 NOVA COMMUNICATIONS 05/13/2019 111798 130509 101-41900-401 Phone Support - Change Message Central Services 45.00 Total 111798:45.00 O SULLIVANS HOLIDAY 546 05/13/2019 111799 04302019 101-42110-402 04/19 Car Washes Police Department 49.50 Total 111799:49.50 O SULLIVANS HOLIDAY 547 05/13/2019 111800 043019 101-42110-402 04/19 Car Washes Police Department 167.76 Total 111800:167.76 OFFICE DEPOT 05/13/2019 111801 2978108620 101-42110-201 Office Supplies - PD Police Department 36.59 OFFICE DEPOT 05/13/2019 111801 2978198790 101-42110-201 Laptop Case - PD Police Department 31.49 OFFICE DEPOT 05/13/2019 111801 3045253100 101-42110-201 Office Supplies - PD Police Department 136.44 OFFICE DEPOT 05/13/2019 111801 3068010560 101-41900-201 Office Supplies Central Services 31.07 OFFICE DEPOT 05/13/2019 111801 3068069580 101-41900-201 Office Supplies Central Services 33.48 Total 111801:269.07 OPTUM 05/13/2019 111802 949464 101-41900-319 HSA maintenance fee 1st Qtr 2019 Central Services 207.25 Total 111802:207.25 RANDYS ENVIRONMENTAL SER 05/13/2019 111803 APRIL2019 101-41900-404 Garbage Service Central Services 374.10 RANDYS ENVIRONMENTAL SER 05/13/2019 111803 APRIL2019 101-45200-404 Garbage Service Parks 487.06 RANDYS ENVIRONMENTAL SER 05/13/2019 111803 APRIL2019 101-45210-404 Garbage Service Golf Course 76.33 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111803:937.49 RITEWAY BUSINESS FORMS 05/13/2019 111804 19-31100 602-49450-240 Utility Bill Forms Sewer 444.74 RITEWAY BUSINESS FORMS 05/13/2019 111804 19-31100 601-49400-240 Utility Bill Forms Water 80.87 RITEWAY BUSINESS FORMS 05/13/2019 111804 19-31100 651-49910-240 Utility Bill Forms Storm Water 444.74 Total 111804:970.35 Riverside Design 05/13/2019 111805 1159 101-42110-352 Junior Officer Badges Police Department 329.92 Total 111805:329.92 Sam Gibson Sewer Co LLC 05/13/2019 111806 9864 101-45210-404 GC Clubhouse Sewer System Cleaning Golf Course 455.00 Total 111806:455.00 SRIXON SPORTS USA INC 05/13/2019 111807 5628850 SO 101-45210-095 pro shop items Golf Course 226.00 Total 111807:226.00 Sterling, Kris 05/13/2019 111808 050119 101-43000-224 Mailbox Replacement Public Works Department 45.00 Total 111808:45.00 STREICHERS POLICE EQUIP 05/13/2019 111809 I1361883 101-42110-226 Shirt, Pants, Vest Police Department 174.96 STREICHERS POLICE EQUIP 05/13/2019 111809 I1363151 101-42110-226 Traffic Vest Police Department 35.99 STREICHERS POLICE EQUIP 05/13/2019 111809 I1363271 101-42110-226 Pants, Shirt Police Department 196.97 STREICHERS POLICE EQUIP 05/13/2019 111809 I1364135 101-42110-226 Belt, Pants Police Department 155.97 STREICHERS POLICE EQUIP 05/13/2019 111809 I1364184 101-42110-226 Vest Police Department 84.98 STREICHERS POLICE EQUIP 05/13/2019 111809 I1364200 101-42110-226 Battery Stick Police Department 39.98 STREICHERS POLICE EQUIP 05/13/2019 111809 I1365245 101-42110-226 Boot, Pants, Vest Police Department 219.97 Total 111809:908.82 Strohman Enterprise Inc 05/13/2019 111810 19-1584 101-42110-440 Rifle Sights Police Department 4,924.92 Total 111810:4,924.92 TALLEN AND BAERTSCHI 05/13/2019 111811 042319 101-41600-306 Prosecution Services-04/2019 Law/Legal Services 3,095.51 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111811:3,095.51 THE HOME DEPOT 05/13/2019 111812 5010107 101-43000-224 Mail Box Repairs Public Works Department 94.98 THE HOME DEPOT 05/13/2019 111812 5010107 101-43000-240 Shop Supplies Public Works Department 153.11 Total 111812:248.09 THOMSON WEST 05/13/2019 111813 0840187461 101-42110-311 West Information Police Department 200.94 Total 111813:200.94 TONY WITTKE 05/13/2019 111814 050219 101-42110-437 Use of Force Training - Donuts Police Department 19.84 Total 111814:19.84 UNITED FARMERS COOPERATI 05/13/2019 111815 53529 701-49800-212 Propane for Unit #429 47.43 Total 111815:47.43 US Bank Equipment Finance 05/13/2019 111816 383741519 710-49970-413 Copiers 656.44 Total 111816:656.44 VANGUARD CLEANING SYSTE 05/13/2019 111817 65641 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 05/13/2019 111817 65641 101-42110-407 Janitorial service Police Department 1,039.50 Total 111817:2,475.00 VERIZON WIRELESS 05/13/2019 111818 9827600715 101-42110-321 Internet 4/7/19-5/6/19 Police Department 1,628.78 VERIZON WIRELESS 05/13/2019 111818 9827600715 101-41900-321 Internet 4/7/19-5/6/19 Central Services 135.59 VERIZON WIRELESS 05/13/2019 111818 9827600715 101-42400-321 Internet 4/7/19-5/6/19 Building & Zoning 70.02 VERIZON WIRELESS 05/13/2019 111818 9827600715 101-43000-321 Internet 4/7/19-5/6/19 Public Works Department 140.04 VERIZON WIRELESS 05/13/2019 111818 9827600715 101-45200-321 Internet 4/7/19-5/6/19 Parks 35.01 VERIZON WIRELESS 05/13/2019 111818 9827600715 101-45210-321 Internet 4/7/19-5/6/19 Golf Course 140.77 VERIZON WIRELESS 05/13/2019 111818 9827600715 601-49400-321 Internet 4/7/19-5/6/19 Water 175.78 VERIZON WIRELESS 05/13/2019 111818 9827600715 602-49450-321 Internet 4/7/19-5/6/19 Sewer 35.01 VERIZON WIRELESS 05/13/2019 111818 9827600715 101-42110-221 Internet 4/7/19-5/6/19 Police Department 479.98 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 4/23/2019 - 5/13/2019 May 09, 2019 01:04PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111818:2,840.98 Verizon Wireless - VSAT 05/13/2019 111819 190092135 101-42110-311 PD Phone Service 4/5/19-4/11/19 Police Department 50.00 Total 111819:50.00 WASTE MANAGEMENT RECYC 05/13/2019 111820 0054458-280 603-49500-316 Recycling 05/2019 12,132.45 Total 111820:12,132.45 XCEL ENERGY 05/13/2019 111821 636695130 101-41900-381 Electric 3/25/19-4/23/19 Central Services 1,751.20 XCEL ENERGY 05/13/2019 111821 636695130 101-42110-381 Electric 3/25/19-4/23/19 Police Department 1,136.36 XCEL ENERGY 05/13/2019 111821 636695130 101-42110-381 Electric 3/25/19-4/23/19 Police Department 33.79 XCEL ENERGY 05/13/2019 111821 636695130 101-43000-381 Electric 3/25/19-4/23/19 Public Works Department 187.05 XCEL ENERGY 05/13/2019 111821 636695130 101-43000-386 Electric 3/25/19-4/23/19 Public Works Department 2,223.73 XCEL ENERGY 05/13/2019 111821 636695130 101-45200-381 Electric 3/25/19-4/23/19 Parks 33.96 XCEL ENERGY 05/13/2019 111821 636695130 601-49400-381 Electric 3/25/19-4/23/19 Water 5,611.51 XCEL ENERGY 05/13/2019 111821 636695130 602-49450-381 Electric 3/25/19-4/23/19 Sewer 3,465.64 XCEL ENERGY 05/13/2019 111821 636695130 101-45210-381 Electric 3/25/19-4/23/19 Golf Course 185.80 Total 111821:14,629.04 Grand Totals: 321,510.24 AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1.Purpose. The purpose of this action item is to gain approval for a transient merchant license for Mark Lazarchic/Renaissance Fireworks Inc. TRANSIENT MERCHANT LICENSE Applicant: Mark Lazarchic/Renaissance Fireworks Inc. Activity: Sale of Consumer Fireworks Location: 3435 Shoreline Drive Date: June 21 through July 7, 2019 Time: 10:00 a.m. to 9:00 p.m. 2.Background. Mr. Lazarchich has submitted an application for a transient merchant license to sell fireworks from a tent located in the parking lot at 3435 Shoreline Drive. Orono's City code currently allows a transient merchant to be licensed initially for 10 days, with the option for the City Council, at its sole discretion, to grant an extension for up to 50 additional days. In addition, the code limits the hours of activity from 8:00 a.m. to 8:00 p.m. Mr. Lazarchic has also submitted the attached request for Council approval to allow 7 additional days of activity and an additional 1 hour of evening sales each day. The transient merchant and sale of consumer fireworks applications have been reviewed by staff and the Long Lake Fire Chief with recommendation for approval of the activity as well as the requested additional days and hours of operation; provided no problems are reported. Council approved a transient merchant license for Renaissance Fireworks in 2012, 2013, 2015, 2016, 2017 and 2018 for the sale of consumer fireworks for additional days at the same location with the hours of operation from 10:00am - 9:00 pm. 3.Recommendation. Staff recommends approval or the transient merchant license as requested. COUNCIL ACTION REQUESTED Motion to approve the listed license with 7 additional days and with the hours of operation from 10:00 p.m. – 9:00 p.m. Exhibits Exhibit A. Draft Transient Merchant License Exhibit B. Renaissance Cover Letter Request Item No.: 4 Date: May 13, 2019 Item Description: Approval of Transient Merchant License – Renaissance Fireworks Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda TRANSIENT MERCHANT LICENSE 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, MN 55323 Phone: 952-249-4600 / Fax: 952-249-4616 / www.ci.orono.mn.us DATE ISSUED: May 13, 2019 DATES OF TRANSIENT MERCHANT ACTIVITY: June 21, 2019 through July 7, 2019 NAME OF TRANSIENT MERCHANT: Mark Lazarchic Renaissance Fireworks PHONE NUMBER: 612-840-3240 LOCATION OF TRANSIENT MERCHANT SALES: 3435 Shoreline Drive (near Liquor Store in Navarre in 30’ x 30’ tent) TYPE OF PRODUCT: Minnesota Legal Fireworks CONDITIONS: 1. Building permit for tent (30’ x 30’) must be obtained from the City of Orono. 2. Temporary sign permit must be obtained from the City of Orono. 3. “Permit for Sale and/or Storage of Consumer Fireworks” issued by the City of Orono must be on site and available for inspection upon request. 4. Permit holder must comply with all rules and regulations of the Minnesota State Statutes, Minnesota Uniform Fire Codes and City of Orono Municipal Code. 5. Business must be conducted between the hours of 10:00 a.m. and 9:00 p.m. 6. Fire extinguishers shall be installed per NFPA-10. 7. “No Smoking” signs must be posted in clear view at all customer entrances. 8. Applicant must provide the name and phone numbers for at least two “Emergency Contacts” in case of after hour’s emergency. Emergency contact names and phone numbers must be confirmed to the Long Lake Fire Marshal at the time of fire safety inspection. Number provided on application: Mark Lazarchic, 612-840-3240. 9. Personnel to be provided on-site 24 hours per day, or all fireworks must be locked in a secure location. 10. Transient merchant activities are approved initially for 10 days. Provided no problems are reported, 4 additional days of business are approved. 11. All trash and debris must be removed from site and the use of other businesses dumpsters are not permitted per signed agreement. 12. By acceptance of this permit, the permit holder, on behalf of any and all organizations and private persons, is granted authority to operate under the permit, and agrees to indemnify and hold harmless the City of Orono from all claims arising from said activities as set forth on the application received on March 22, 2018. 13. The Orono Police Department through its police officers is empowered to revoke this permit at any time for any safety concerns that are not immediately resolved by the permit holder or a representative of the permit holder. The revocation of the permit shall cause the immediate cancellation of the activities originally authorized by this permit. (City Seal) _______________________________________ Anna Carlson, City Clerk AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1. Purpose. The purpose of this action item is to approve a 2019 Massage Therapy License. 2019 MASSAGE THERAPY LICENSE RENEWAL – APPLICANT Dug Hoang MK Nails and Spa 2377 Shadywood Road Wayzata, MN 55391 The 2019 Massage Therapy License Applicant has submitted all the requested documents and have met all requirements. The Application is on file in the City Clerk’s Office. COUNCIL ACTION REQUESTED Motion to approve the above Massage Therapy License for 2019. Exhibits A. MK Nail License Draft Item No.: 5 Date: May 13, 2019 Item Description: Approval of Massage Therapy Renewal License Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda State of Minnesota License No: M2019-02 County of Hennepin Fee: $100.00 City of Orono Upon investigation and satisfactory evidence of the qualification of the license, this license is granted and pursuant to application and payment of fee thereof, and is subject to all the provisions and conditions of the regulations and ordinances of the City of Orono and City Code Chapter 31 pertaining to such; and subject to revocation according to law for violation thereof. This license is not transferable except by consent of the issuing authority. Licensee Name: MK Nail Spa Trade Name of DBA: MN Nail Spa Applicant: Duy Huang Address: 2377 Shadywood Road Commencing: May 13, 2019 Terminating: December 31, 2019 Approved Massage Therapists: Duy Huang Anh Kim Ho Issued by authority of the City Council of the City of Orono, Minnesota on May 13, 2019. ________________________________ Dennis Walsh, Mayor Attest: ____________________________ Anna Carlson, City Clerk Massage Therapy License AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1. Purpose. The purpose of this action item is to approve the 2019 Kennel License. 2019 ANNUAL KENNEL LICENSE RENEWALS – APPLICANT RESIDENTIAL KENNEL LICENSES Rick & Britt Gage 2180 Abingdon Way 2. Staff Recommendation. The kennel license applicant listed above has met the requirements and submitted complete applications. Staff recommends approval of the 2019 residential kennel license application. COUNCIL ACTION REQUESTED Motion to approve the above listed Kennel license for 2019. Item No. 6 Date: May 13, 2019 Item Description: Approval of Kennel License Renewal Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda AGENDA ITEM Prepared By: AMC Reviewed By: DJR Approved By: DJR 1. Purpose. To enter into a three-year contract with Granicus for the streaming of and web access on City meetings. 2. Background. In 2013 the City entered into a contract with Granicus to provide for web streaming of City Council meetings. In addition to streaming services, Granicus also provides online access to past meetings and allows indexing of the video. Since 2013 the city has begun to stream Planning and Park Commission meetings. These meetings are also stored online are available for public viewing. 3. Cost. 4. Funding. Funding for the video streaming and archiving of meetings is budgeted from the City’s Cable Fund and is included in the 2019 budget. 5. Staff Recommendation. Staff recommend approval of a three-year contract with Granicus. COUNCIL ACTION REQUESTED Motion to approve a three-year contract with Granicus for web streaming and archiving city meetings. Exhibits Exhibit A. Granicus Quote Item No.: 7 Date: May 13, 2019 Item Description: Approval to Renew Contract with Granicus Presenter: Anna Carlson Agenda Section: Consent Agenda Service Period (May 5 to May 4) Amount 2019-2020 $6,917.40 2020-2021 $7,263.27 2021-2022 $7,626.43 Total $21,807.10 Procurement Vehicle: Direct In Support of: Orono, MN Quote Number: Q-27631 Quote Prepared On: 2/27/2019 Quote Valid Through: 5/4/2019 Payment Terms: Net 30 Currency: USD Granicus Contact: Name: Cale Brakke Phone: (720) 892-0352 Email: cale.brakke@granicus.com Start Date: 5/5/2019 End Date: 5/4/2020 ANNUAL SUBSCRIPTION FEE Product Name Invoice Schedule Quantity Annual Total Open Platform Suite Annual 1 Each $1,877.40 Government Transparency Suite Annual 1 Each $3,780.00 Granicus Encoding Appliance Software (GT)Annual 1 Each $1,260.00 TOTAL $6,917.40 FUTURE YEAR PRICING Product Name 05/05/20 to 05/04/21 05/05/21 to 05/04/22 Open Platform Suite $ 1,971.27 $ 2,069.83 Government Transparency Suite $ 3,969.00 $ 4,167.45 Granicus Encoding Appliance Software (GT)$ 1,323.00 $ 1,389.15 TOTAL:$ 7,263.27 $ 7,626.43 Product Name Product Description Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Government Transparency Suite Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, indexing of event, creation of minutes. Granicus Encoding Appliance Software (GT) Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created. Q-27631 : 2/27/2019 Page 1 of 2 Procurement Vehicle: Direct In Support of: Orono, MN TERMS AND CONDITIONS •Orono, MN is eligible to receive up to five (5) two-day passes to the 2019 Granicus National Summit, valued at $299.00 each. The Granicus National Summit is the premiere user conference for public sector professionals across federal, state, and local government. Attendees will be provided with hands-on training led by Granicus subject matter experts, as well as opportunities to learn and network with peers and leaders in government. Granicus National Summit Dates: May 14-15, 2019 •Link to State & Local Terms: https://granicus.com/pdfs/Master_Subscription_Agreement.pdf •Payment terms: net 30 •Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. •This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Orono, MN to provide applicable exemption certificate(s). •If submitting a Purchase Order instead of signing the quote, please include the following language: All pricing, terms and conditions of quote Q-27631 are incorporated into this Purchase Order by reference. AGREEMENT AND ACCEPTANCE Orono, MN Billing Information Signature: Name: Name: Phone: Title: Email: Date: Address: Q-27631 : 2/27/2019 Page 2 of 2 AGENDA ITEM Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to accept a donation/grant reimbursement from Hennepin County Emergency Management. 2. Background. The Police Department has received two donations. A $10,885.00 grant from Hennepin County Emergency Management. The grant covered the reimbursement of an Alert 24 - Programmable message board from All Traffic Solutions. The message board will be used by the Lake Area Emergency management group. The portable message board will be used during special events, as a traffic control device and many other uses when we needed to get information out to the motoring public. The second donation of $2,847.00 was received through a grant from Hennepin County and Homeland Security and Emergency Management. The items that we received reimbursement for were approved in a 2017 UASI project application through the Law Enforcement and Terrorism Prevention. This grant funds items that support costs for law enforcement agencies. The application was submitted and approved. The items that we are being reimbursed are for 3- Liberator communications headsets for our SWAT members. 3. Staff Recommendation. I recommend approval to accept both donations totaling $13,732 COUNCIL ACTION REQUESTED Motion for approval to accept two donations in the amount totaling $13,732.00 from Hennepin County. Item No.: 8 Date: May 6, 2018 Item Description: Approval to Accept Donation Reimbursement from HCEM Presenter: Correy Farniok, Police Chief Agenda Section: Consent Agenda AGENDA ITEM Prepared By: JG Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to gain Council approval of seasonal employees. 2. Background. The hourly pay is proposed to be $12.00-14.00 for the Golf Course Clubhouse Attendants and Brush Site Attendants; $12-$16 for Parks and Golf Course Maintenance Employees, and $10-$16 for Utilities Maintenance Workers; and a pay range of $15.00-$20.00 for the Clubhouse Manager. The Clubhouse Manager will be enrolled in the coordinated PERA plan. All other seasonal employees will fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. Name Position Wage ($/hr) Remarks Ap p r o v e d Fe b r u a r y 25 , 2 0 1 9 Robert Howells G.C. Clubhouse Manager $20.00 Returnee Paul Tolzmann G.C. Clubhouse Attendant $13.00 Returnee Scott Prochnow G.C. Clubhouse Attendant $13.00 Returnee Stuart Mayer Brush Site Attendant $13.00 Returnee Mitchell Hall Parks and Golf Maintenance $15.00 Returnee Ap p r o v e d Ma r c h 1 9 , 20 1 9 Danielle Middendorf Clubhouse Attendant $12.00 Returnee Marshall Hambro Clubhouse Attendant $13.00 Returnee Marie Jorland Clubhouse Attendant $12.00 Returnee Diana Otrey Clubhouse Attendant $12.00 Returnee Wendy Middendorf Clubhouse Attendant $12.00 Returnee Rebecca Anderson Seasonal Utilities Maintenance $13.00 Returnee Ap p r o v e d Ap r i l 8 , 20 1 9 Ron Steffenhagen Parks and Golf Maintenance $13.00 Returnee Calvin Schmidt Parks and Golf Maintenance $13.00 Returnee Andrew Charrier Parks and Golf Maintenance $12.00 New hire Sally Thompson Clubhouse Attendant $12.00 New hire Approved March 19, 2019 Paul Haug Clubhouse Attendant $12.00 New hire Requesting Approval Megan Schiller Clubhouse Attendant $12.00 New hire Fermin Aragon Parks and Golf Maintenance $12.00 New hire Grace Mattila Parks and Golf Maintenance $12.00 New hire 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employee as in the list above. Item No.: 9 Date: May 13, 2019 Item Description: Appointment of 2019 Seasonal Employees Presenter: Jason Goehring, Parks and Golf Course Supervisor Agenda Section: Agenda Consent AGENDA ITEM Prepared By: DJG Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to proceed with replacement of truck #708 with a bucket truck. 2. Background. Truck #708 is beyond it useful life. This truck’s primary role is for street sign maintenance and general streets maintenance support. Truck #708 is a 2005 Chevrolet 2500 and has been in service for nearly 14years. The useful life of a PW pickup truck is ~10 years. With the addition of numerous decorative street lights and a renewed emphasis on right of way tree trimming, the city is in need of a bucket truck. The new truck will be used for tree trimming in the right of way and park, street sign maintenance, light pole decoration installation and removals and miscellaneous facilities work requiring a lift capability. 3. Project Scope. Replace truck409 with a Truck equipped with Lift/bucket. Truck to be a F550 4x4 outfitted with lift, bucket, equipment and sign storage compartments and hydraulic tool system 4. Cost. The City received four quotes, listed below. Low quote for chassis is from Waconia Ford and for the equipment build out from ABM equipment. The total cost of the fully completed truck is $116,974. Component Company / Model Cost Truck Chassis Boyer Ford / F550 $ 40,488 Waconia Ford / F550 $ 37,894 Lift/Bucket/Storage Compartments ABM Equipment / Versa Lift $ 79,080 Aspen / Armlift $ 83,794 5. Funding. This project will be funded through the Equipment Fund. The Capital Improvement Plan (CIP) budgeted $120,000 for the truck replacement and Bucket/ Lift. 6. Staff Recommendation. I recommend approval of the purchase. COUNCIL ACTION REQUESTED Motion to approve replacement of Truck #708, with a F550 from Waconia Ford with Lift, bucket and storage compartments outfitting by ABM Equipment. Item No.: 10 Date: May 13, 2019 Item Description: Replacement of Truck #708 with Bucket Truck Presenter: DJ Goman Public Works Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: DJG Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to proceed with procurement of an aluminum chipper box. 2. Background. When performing tree trimming and removal work, tree limbs and debris are chipped and hauled away. The chips are discharged from the chipper into the back of a dump truck. To keep the chips from shooting out of the bed a topper box is required. In the past the PW crew has cobbled together one from plywood. This aluminum box will provide a durable purpose build that can be easily installed and removed from a truck bed as needed. 3. Project Scope. Procure an Aluminum chipper box. 4. Cost. The City received two quotes for a chipper box. Low quote for chassis is from tow master. Component Company Cost Chipper Box Towmaster $ 5,468 Aspen $ 7,343 5. Funding. This project will be funded through the Street Equipment Parks and Accessories budget line which has a $24,000 budgeted. 6. Staff Recommendation. I recommend approval of the purchase. COUNCIL ACTION REQUESTED Motion to approve procurement of a chipper box from Towmaster for $5,468. Item No.: 11 Date: May 13, 2019 Item Description: Chipper Box Procurement Presenter: DJ Goman Public Works Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this council action is to gain council accept a quote for Tree Inventory. 2. Background. Hennepin County Forestry division initiated a new grant this year under their healthy tree canopy program. Orono City staff submitted an application for funds to assist in a tree inventory. A $5000 grant was awarded. An inventory of city trees is a prerequisite in planning for and making sound management decisions with respect to tree disease and pest mitigation. 3. Project Scope. Inventory trees city owned property including parks and rights of way. 4. Cost. The City Solicited quotes for the inventory of trees. Three quotes were received. The low quote was from PlanIT Geo. Quotes were solicited on per tree basis with the inventory budget set at $6000. Contractor Quote ($/per Tree) # Trees for $6000 PlanIT Geo $4.00 1,500 Rehder Forestry $4.25 1,411 ISG $4.50 1,333 5. Funding. Funding for the project comes from a Hennepin County Grant in the amount of $5000 and a match from the city. The city portion of the project will come from the Parks and Streets Operating Budgets with the majority as in-kind staff time and software licensing. 6. Staff Recommendation. I recommending accepting the quote from PlanIT Geo. COUNCIL ACTION REQUESTED Motion to accept the quote from PlanIT Geo for the execution of a tree inventory on city lands. Exhibits A. Resolution authorizing the grant staff application Item No.: 12 Date: May 13, 2019 Item Description: Tree Inventory Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding a one-year Council-approved extension of Resolution No. 6833 granting variances and CUPs. 2. City Code. City Code Sections 78-129 and 78-918 provide for extension of variance and CUP approvals. Staff may administratively approve a one-year extension of the approval from the original City Council approval date; City Council approval is required for additional one-year extensions, up to three total extensions. 3. Background/ Summary. The applicant is requesting renewal of variances and conditional use permits originally granted to William Toles (the previous owner) via Resolution No. 6759 on May 8, 2017. The approvals involved a conditional use permit to rearrange the floodplain on the property and variances for lot area and width; lakeshore setback; average lakeshore setback; floodplain setback; and 0-75’ hardcover. A conditional use permit to permit a shower within a proposed detached accessory building was also granted. The Council adopted Resolution 6833 reaffirming the original approvals and the approval date, yet allowing for the new owners’ signatures (William & Kathleen Wanner) so it could be properly recorded. Due to the expiration timing, the approvals granted via Resolution No. 6833 were extended administratively shortly thereafter resulting in a new expiration date of May 8, 2019. The Wanners have been developing plans to build a new home on the property for over a year. They had an emergency regarding their home in another state which took their focus away from the Ferndale Road project. They are requesting the Council consider extending Resolution No. 6833 one more year per the terms of the prior approvals. This request was received on May 1st, prior to the May 8th expiration. 4. Staff Recommendation. There have been no substantive Code changes which affect this project since the original approvals. Staff recommends approval of the owner’s request for a one-year extension of the approvals granted via Resolution No. 6833. A draft approval resolution has been provided for Council’s consideration. COUNCIL ACTION REQUESTED Motion to adopt or amend the extension resolution. Exhibits A. Draft Resolution B. Resolution No. 6833 References City Code Sections 78-129 & 78-91 Item No.: 13 Date: May 13, 2019 Item Description: LA19-000030 – Original file #17-3918, William & Kathleen Wanner, 1095 Ferndale Road West, 2nd Extension of Resolution No. 6833 – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES AND CONDITIONAL USE PERMITS ESTABLISHED PER RESOLUTION 6833 ORIGINAL FILE NO. 17-3918 (NEW FILE NO. LA19-000030) WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter “City Council”) has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78-918, William F. Wanner Jr. and Kathleen A. Wanner (hereinafter the “Owners”) have applied for an extension of the approvals granted under Resolution No. 6833 for property 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No. 441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No. 1372, Hennepin County, Minnesota; Subject to perpetual easements for sanitary sewer purposes in favor of the City of Orono over that part of the above land as specifically described in Hennepin County Recorder Document No. 4608875 and in Hennepin County Recorder Document No. 4608876; Per Certificate of Title Number 1120830 (hereinafter the “Property”); WHEREAS, on May 8, 2017 the City Council of Orono, Minnesota adopted Resolution No. 6759 granted to William Toles which approved the following in conjunction with redevelopment of the Property: • Variances from Section 78-305 to allow development of the Property which has 1.27 acres in area and 176 feet of width at the OHWL and 180 feet at the 75-foot setback where 2.0 acres and 200 feet of width are required; • Variances from Section 78-1279 to allow construction of a new residence lakeward of the average lakeshore setback and within the 75-foot setback where no structure is permitted; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 • A variance from Section 78-1680 to allow 2,386 square feet of hardcover consisting of structural and non-structural improvements within the 75-foot setback where no hardcover is permitted; • A conditional use permit pursuant to Section 78-1437 to allow the installation of plumbing consisting of a bathroom with bathing facilities within a detached accessory garage; and • A conditional use permit pursuant to Sections 78-967 and 78-1126 to permit grading and filling on the property in excess of 500 cubic yards of disturbance for mitigation of areas below the 1% annual chance floodplain in order to develop the property; and WHEREAS, in September 2017, the Owners, purchased the Property from William Toles and subsequently on February 12, 2018 Resolution No. 6833 was adopted by the City Council to amend the ownership reflected in the approvals. WHEREAS, the City Council has considered the application by the Applicant for an extension of the approvals granted under Resolution No. 6833 for development of the Property; and WHEREAS, the Owners were not able to commence construction within the allotted one-year established by Resolution No. 6833 nor the one year administrative extension; and WHEREAS, pursuant to Orono Municipal Zoning Code Sections 78-129 and 78- 918, the Owners have made a request for an extension of the approvals granted in Resolution No. 6833. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension to May 8, 2020 of the approvals granted under Resolution No. 6833, subject to the following conditions: 1. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining building permits and/or land alteration permit by May 8, 2020 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 6833 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 ADOPTED by the Orono City Council on the 13th day of May 2019. ATTEST: CITY OF ORONO: _____________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 111111 0111 111111111 Doc No T05515779 Certified, filed and/or recorded on Mar 5,2018 2:45 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 1663408E Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1451387 This cover sheet is now a permanent part of the recorded document. 0A/-CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiL-- NO. 6833 KES A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-305; 78-1279; and 78-1680 AND GRANTING CONDITIONAL USE PERMITS PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-967; 78-1126; 78-1286; AND 78-1437 FILE NO. 17-3918 WHEREAS, on February 22, 2017, Rehkamp Larson Architects, Inc. (hereinafter the Applicant")on behalf of the property owner at that time, William M. Toles (hereinafter Toles), applied for variances and conditional use permits from the City Code for the property addressed 1095 Ferndale Road West and legally described as: All that part of Lot 9, North Shore Cottage Acres Lake Minnetonka, lying Southeasterly of the Southeasterly lines of Registered Land Survey No. 441 and Registered Land Survey No. 902, and lying Northwesterly of the Northwesterly line of Registered Land Survey No. 1372, Hennepin County, Minnesota; Subject to perpetual easements for sanitary sewer purposes in favor of the City of Orono over that part of the above land as specifically described in Hennepin County Recorder Document No. 4608875 and in Hennepin County Recorder Document No. 4608876; Per Certificate of Title Number 1120830 (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-305 to allow development of the Property which has 1.27 acres in area and 176 feet of width at the ordinary high water level (hereinafter the OHWL") and 180 feet at the 75-foot setback where 2.0 acres and 200 feet of width are required; and WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence lakeward of the average lakeshore setback and within the 75-foot setback where no structure is permitted; and WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1680 to allow 2,386 square feet of hardcover consisting of structural and non-structural improvements within the 75-foot setback where no hardcover is permitted; and t icL®A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 683 3 ikESHoo' WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1437 to allow the installation of plumbing consisting of a bathroom with bathing facilities within a detached accessory garage; and WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-967 and 78-1126 to permit grading and filling on the property in excess of 500 cubic yards for mitigation of areas below the 1% annual chance floodplain in order to develop the property; and WHEREAS, on April 17, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 17, 2017, the Planning Commission recommended approval of the variances and conditional use permits; and WHEREAS, on May 8, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, on May 8, 2017 the City Council of Orono, Minnesota hereby adopted Resolution No. 6759 which approved the requested variances and conditional use permits as described above based on one or more of the below findings of fact concerning the Property; and WHEREAS, in September 2017, William F. Wanner Jr., and Kathleen A. Wanner, a married couple (hereinafter the "Owners"), purchased the Property from Toles and have accepted the conditions outlined herein. FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3918. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A Single Family Lakeshore Residential Zoning District. 3. The Property contains 1.27 acres in area and has a defined lot width of 176 feet of width at the OHWL and 180 feet at the 75-foot setback. 2 O* IIIIL'' Arp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yNO. 683 3 KESHo4 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area Variance; b. Lot Width Variance; c. Variance for Hardcover within the 75-foot setback; d. Lake Setback Variance; and e. Average Lakeshore Setback Variance. 6. In considering this application for variances and conditional use permits, the Council has considered the advice and recommendation of the Planning Commission and 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. VARIANCE ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ."The lot width and area variances requested are consistent with the general intent of the Ordinance. The requested average lakeshore setback variances is in harmony with the Ordinance as the lake views enjoyed by the adjacent neighbors will not be impacted by the new home. The lake setback and hardcover variances are reasonable and necessary as the highest points of the Property for construction of the home above the 1% annual chance floodplain are located toward the lake. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of portions of the proposed home lakeward of the average lakeshore setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the existing 3 O)\/- 0p 1L CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 6833 e G, kESHO tree stands, proposed landscape plan and curved shoreline create separation of the Property from the adjacent neighbors. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The presence of the 1% annual chance floodplain on the Property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain. The sub-standard size of the Property was not the result of actions by the landowner. The neighboring homes are oriented toward the lake away from the Property. c. The variance, if granted, will not alter the essential character of the locality." The lot area and width variances will not alter the character of the neighborhood; a home previously existed on the Property. It does not appear that the requested variance to permit portions of the new home and terraces lakeward of the average lakeshore setback will adversely impact views of the lake currently enjoyed by the adjacent property owners. The lake setback and hardcover variances are reasonable and necessary as the highest points of the Property for construction of the home above the 1% annual chance floodplain are located toward the lake. The hardcover is mitigated by the proposed landscape plan for the Property. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a residence is an allowed use in the LR-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." The substandard lot width and area of the 4 vL*)‘ IL O p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti NO. 6833 kE Property are not uncommon in the surrounding neighborhood. The presence of the 1% annual chance floodplain on the Property creates increased difficulties which drive the building pad location and improvements toward the lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The property to the east has a higher grade than the Property. The two properties to the west have similar floodplain challenges. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the requested variances will provide relief to the applicant regarding the lot size and floodplain on the Property. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size of the Property; the floodplain/topography create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. CONDITIONAL USE PERMIT ANALYSIS: The City Council may grant a conditional use permit on the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan; The bathroom within an accessory building and the proposed grading to elevate the home and portions of the Property above the 1% annual chance floodplain is residential in nature, are both consistent with the permitted uses for the Property, and is compliant with the zoning code and comprehensive plan. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The detached garage where the bathroom will be located will be otherwise conforming in location, and height on the Property. The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 3. Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 5 oArp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti*)111 - NO. 683 3 k 4. Provided with an adequate water supply and sewage disposal system; This statement is true; the proposed detached garage with plumbing will be connected to City sewer and private well. 5. Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The import of and movement of fill material and re- grading of the Property, once completed, will have no impact on surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood or the lake. The detached garage will be residential in character and its use is expected to be compatible with the surrounding area. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The detached garage will have a residential visual character in keeping with the proposed home and is expected to be compatible with the surrounding area. The proposed grading activity will help to slow runoff from leaving the Property and impacting neighboring properties. The floodplain mitigation proposed will not result in a negative impact to neighboring properties or the lake. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The Applicant is proposing to substantially regrade the Property to mitigate filled floodplain areas for the building site as well as facilitate better stormwater management. It is likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and monitored closely by the City's engineer and MCWD staff to assure that proper grading is conducted and that adjacent properties and the lake are not adversely impacted. The architectural styling of the detached garage will be residential in character and consistent with that of the proposed home on the Property. 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the detached garage for garage storage and as a personal yoga studio is not expected to have any adverse impacts. No information has been presented to indicate such. The temporary grading and construction activity may impact neighboring properties, but 6 v* 11L- O p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti C. NO. 6833 KESHO sustained impacts are not expected. To the degree possible, negative impacts should be limited and mitigated. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped; it should blend into the Property. The project, once completed, should not result in undesirable views requiring mitigation. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; There should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However, activity of importing approximately 1,200 cubic yards of fill and active grading of the Property can have a temporary adverse impact on neighbors. The grading work on the Property as well as the further construction of the residence could result in noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. The proposed detached garage with plumbing is not expected to cause any of these undesirable impacts. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The Applicant will be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading project will be monitored by the MCWD, the City Engineer, and planning staff so as to minimize nuisances during the project. It is anticipated that the proposed detached garage with plumbing will not generate any of these undesirable issues. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed detached garage with plumbing will not affect these features or have a negative environmental impact. The project is being designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The long term effect of the project should result in minimal environmental impacts. The project will be monitored by the City to prevent erosion from the site. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; There should be no lighting or glare resulting from the grading project; the applicant shall be advised of the lighting requirement regarding the home and detached garage; and 7 Q®ATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti*IL NO. 683 3 KESHO 15. Not detrimental to the public health, public safety, or general welfare. The Applicant will be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading project will be monitored by the MCWD, the City Engineer and planning staff so as to minimize nuisances during the project. Staff believes this criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following: Variances from Section 78-305 to allow development of the Property which has 1.27 acres in area and 176 feet of width at the OHWL and 180 feet at the 75-foot setback where 2.0 acres and 200 feet of width are required; Variances from Section 78-1279 to allow construction of a new residence lakeward of the average lakeshore setback and within the 75-foot setback where no structure is permitted; A variance from Section 78-1680 to allow 2,386 square feet of hardcover consisting of structural and non-structural improvements within the 75-foot setback where no hardcover is permitted; A conditional use permit pursuant to Section 78-1437 to allow the installation of plumbing consisting of a bathroom with bathing facilities within a detached accessory garage; and A conditional use permit pursuant to Sections 78-967 and 78-1126 to permit grading and filling on the property in excess of 500 cubic yards of disturbance for mitigation of areas below the 1% annual chance floodplain in order to develop the property. Subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey by Cornerstone Land Surveying, Inc., dated 04/06/17; civil plans by Pierce Pini & Associates dated 04/06/17; building plans by Rehkamp Larson Architects, Inc., dated 04/06/17; and landscape plans by Travis Van Liere Studio dated 04/06/17 referenced collectively as The Plans as submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A, B, C & D. 3. The Applicant shall obtain the appropriate permits from the MCWD prior to commencement of work on the Property. 4. The Applicant shall comply with the City's and MCWD's erosion control regulations. 8 vOATp 1E.' CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 0ti NO. 683 3 t9KESHOR 5. The Applicant shall conform to the City Engineer's requirements at the time of the building permit. 6. Regarding the landscape plan, the Applicant agrees to work with the neighboring property owner to avoid limiting the light, air, and open space they currently enjoy at 1101 Ferndale Road West. 7. Hauling shall occur during allowed construction hours only Monday through Friday 7 am to 8 pm (and between 8 am and 8 pm on weekends and holidays). 8. The street shall be swept daily, or as needed, to keep debris off of Ferndale Road West. 9. Contractor(s) shall post a contact number and be able to respond to complaints in a timely fashion. 10. Any amendments to The Plans which are not in conformity with City codes may require further Planning Commission and City Council review. 11. The Owner agrees to a covenant recorded against the title of the Property providing that the accessory building will not be: a) Used for a home occupation unless specifically approved by the city or if allowed by this Code. b) Used as a dwelling unless a guest house conditional use permit is obtained. c) Rented, leased or otherwise provided for use as a dwelling under any circumstances. 12. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the approvals will expire on that date (May 8, 2018). 13. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 14. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. 9 CITY OF ORONO RESOLUTION OF/,THE CITY COUNCIL yF G NO. 6833 kESHO ADOPTED by the Orono City Council on the 8th day of May 2017. Amended on this 12th day of February 2018. ATTEST: CITY OF ORONO: 1111 Anna Carlson, City Clerk Dennis Walsh, Mayor 10 Opp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 6833 ykES H O d William F. Wanner Jr., Property Owner Kath ink an er, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Q This instrument was acknowledged before me this 13 "day of rW 20 U, by William F. Wanner Jr., husband of Kathleen A. Wanner. y, DON V. HANCOCK p NOTARY PUBLIC-MINNESOTA My Commission Expires Notary Public 5•: January 31,2019 r r STATE OF MINNESOTA COUNTY OF HENNEPIN r/ g This instrument was acknowledged before me this f 3- day of Fy rvct!y 20 O , by Kathleen A. Wanner, wife of William F. Wanner Jr. T— VDONV. HANCOCK s? NOTARY PUBLIC-MINPESOTA rr My Commission Expires Notary Public 1 ,. January 31,20 19 PROPOSED ELEVATIONS: LEGAL DESCRIPTION: Q 3 934.0 FERNDALE ROAD RESIDENCE Q\ ri Rw \ ST _ lei Lake of Re11Stelf1 Sind Sim,So.441 and Registered_ (+) s` i \\ w ELEDETAo IO naCHED omTa;offARCHIre<TumAND a„er.e,e,.r,r„o.„z. " erv.,f6.,r.rNim.ol ORONO,MINNESOTA 6 N ARCHITECTURE PANS FOR DE TAILS. r 9 . AND oEeland o X RwARCHITECTS , 4608876. HeN epm o..rr ae..reer VAN LORE 201 J.Z W p\ STUDIOSA. 4CIE.ING AND VIE x,. PER PIERCE PINT anG PIAN n,oRC,rfx, w, CeiteucalAN INFORMATION PER TRAVIS Document e•T,een1111.Pr110830 j. . J m FF ODRAINAGE DTAx„ n o fNs,aucnory DocumeNls 4.44CONIRACTOR TO SIP.).L DIMENSTON5 AREA,ONTACT: a O, qe€ ,. v WORE CONSTRUCTION. PARCEL AREA(TO on»T,s.23 SO FT._I.:z ACRES TRAVIs VAN UERE TVLS LANDSCAPEARCHITECTURE 211 IST STREET NORTH 350 MINNEAPOLIS.MN 55406 PO N\ TITLE NOTES' A V) PHONE. 612.)60.091 d, '_.1 j ;+/ PP,,..-..h Nip I.varinmes per conexio.al use per Doe.No.rawzzeo.EMAIL:IIavlsNvls,uaio.com O Nip F_ +w \\\COUNTY/CITY: 7\ • ,/, MX W , w` VSA. BENCHMARKS oIpP H EN N EPIN l i f r 1 l%. r...0.,... ,? , a rte USED DAP N053 MI ET AN COI..JNTY r N t . vii _y/ A I CONTROL soR THIS suxwsr,rvnv0 eu0 AN CeTY OF d . /' I I /.I' J `.' r \ .\;_ / LI'PAWN ORO IV.•:=7. i- o° / j 1 n r a.• ZONING: w s YY/! 0e SONNc fR Ir A,ESHORE RESIDENl Al ZONING osTRT1 y^ d t f'w ..r. SURVEY NOTES-7 i/h): 100.:› •\'', k' 1.BE ARMES AKE BASTE)ON COORDINATES alEoarinl REVISIONS 1 tesDr RP.R.PAD UTILITIES SHOWN PER GOPHER ONE LOCATES AND 10.2/, AREAESE TBAC AS 2`fP doe- 7). ROPOSED TOR VAR. DT, OwrvORERE MAO SAIL WE E.nO,E,A g 0 1 & * 1 LIQON NTERPRETATE12 FOR ON,.PROHR„ e^ ozb-tea. X NDAR,. 4,—,,,,,,i ET I, li J'//' 3' / B''•/ UNDERGROUND UTILITIES NOTES: CERTIFICATION: THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED TROST A Aka ^'°'trro u -\ i•, : w J! 1 I 7 ARE IN THE TSAI 1 I ER AIR TN INDICATED AL flIOUGH HE 00E5 rco AS ACCURATE,.AS POSSIBLE 8 rouo r w/ 7 46 +',rP HARD SURFACE KEY'. o.._ _... rre SI Ark SENECA,LEN AT TT NUMBERTSE 112741934 SOME 1 m DENOTED aD,12nARDwREAEE IHER UTILITIES DID NOT RESPOND 10 THE DTIONA,DlRIMSOFWHCHWE MAO i RI r1i DENOTES „f NR HARD SURFACE LOCAMAPS WERE TE D ./ 1/0/{./Hx Nksh l` IX __ 4,G, 1.7,1 hte One Call PROPOSED HARDCOVER AREAS VkoICCi I<It-alto\ r'~ 3.-- rX 2°rrvEIRONOl O95 1 I . w 4a/B DRIVEWAY 2354.GT LecEND: FERNDALE ROAD W is++—"'—. c AUTO COURT E MASTER TERRACE NS., o;^;°°"" a PID#0211723430023 F. OESESEDE TERRACE 311.FT 0.onoom H OPT.OAR.DRIVE Or/SOFT. TTEE L. COURTYARD WALL 0•SCL FT d N. Etil-RY PEE PRO FT. LTEOCOURTWALL MB.FT. rtl eSuite 4E1w/' % "' IXISTING HARD COVER AREAS D. T STANDING IM so.FT. StillsateE.MN S5082 C\ TOTAL 6,1.275.8969 51,5.8976 C KfM Nly 1 z, zONERRO ELn» o- 40331 SQ.ET.IN ZONE suREAI1 RTAINZONE 8 GRAVEL i1) , ', ft, 31. \ 1EIMEROTA1 EL R,zoN,,„se 0 ,,,. a X w..wr. j i , O ;1 irn HARD warACE AREA IN ronE e___. i,1 /, 4MASTER TERRACE 273 SQ./T.O NORTH O-R, TIMBERWHD. n.» s „aN,NRI EAREAIn2NI' TTaonw, T AL CORNERSTONE1-./i n r' LAND SURVEYING,INC. 0 20 PO w ru.HARD SURFACE_150na n IN mN[0 on. TOTAL rvARo suaTAs<w„n zoos zmo PT ERE STR 36rorATOTAIwR1ACRBOTHn,NE, Tm A, o3soFF, nwI l. PTE... OINNIMIIII 1.rma SO „R sm6 o423so FT N 0,NEODonw) 15.u.n.uD SURFACE All,N 0DN1 PROPOSED IMPROVEMENTS 7.....SMALL AREA IN PONE SURVEY TRAVIS VAN IIERE STUDIO M LANDSCAPE ARCHITECTURE M PIERCE PINI& Co ASSOCIATES 9298 CENNTTRA.AVENUE NE. CO CORE 312NNE.MN 58434 NOFERNDALE ROAD RESIDENCE FAX 763.537.1354 TEL 763.537.1311 CO X CIVIL SITE DESIGN PACKAGE oz 0 U, a) SHEET NUMBER DRAWING TITLE C100 COVER SHEET C200 GENERAL NOTES AND LEGEND C300 SITE DEMOLITION PLAN C400 UTILITY PLAN C500 DOWNSPOUT DRAINAGE PLAN C600 STORMWATER POLLUTION PREVENTION PLAN-GENERAL INFORMATION C601 STORMWATER POLLUTION PREVENTION PLAN-NARRATIVE C602 STORMWATER POLLUTION PREVENTION PLAN-EXISTING CONDITIONS C603 STORMWATER POLLUTION PREVENTION PLAN-PROPOSED CONDITIONS C604 STORMWATER POLLUTION PREVENTION PLAN-DETAILS C700 CIVIL DETAILS IS N' T ''' 1146\" 241\4%,\v#', \\ 4+'i6r-N FERNDALE ROAD RESIDENCE V , *\%.,, • ' 6 1.1...$11004.1 PROMO•11 MI, e' , .1../V \ IIN....14- r-' 77:-....":7•...I.---.;-'..r...„.1-.....1,If Vs'; / ! 1 0 arts/ Of' / DOW 0.......P........... 41111111114.14 ' *,' 0,1 / sJ.I:4 it 4i f t Nn. V p. UNE MINNSTORiNA fp BROWNS BAY P y NOT FOR Sr CONSTRUCTION LOCATION MAP SITE PLAN NIP t..,,.,. I. 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Ou_ PROPOSED HOUSE FOX HOUSE o z DRAWN BY NOTES: w cn PROPOSED HOUSE"(ORANGE HOUSE):3D REPRESENTATION OF HOUSE CURRENTLY REQUESTING A HARDCOVER&SETBACK VARIANCE W FOX HOUSE"(BLUE HOUSE):GENERAL MASSING OF HOUSE WAS GRANTED THAT HARDCOVER&SETBACK VARIANCE IN 2009 A71MOSTRESTRICTIVESETBACKPLANE"(RED PLANE):A COMBINATION OF THE 75'LAKESIDE SETBACK&THE AVERAGE LAKESHORE SETBACK Q 3D DIAGRAMS 6833 r‘- 11- 0 y ;p L J,_ 0 w0 ei 10 1 IY r l l11 CaII IC' I I il 1Z z 0 tg m C a qi 9_ 1 1 ul 1 IT,;(--: Li 0 1 1 11 II Ym x rm a mr s z Z VARIANCE SET-NOT FOR CONSTRUCTION PEI 5 o0i0, Toles Daniels New House REHKAMP CARSON ARCHITECTS INC.8 S gig 1095 Ferndale Road West 2732 West 43rd Street,Mpls,MN 55410 Sii g A m C Orono,MN 55391 V.'. ,;.: Tel.612-285-7275 Fax.612-285-7274 ao iih m 6833 O ig I< x).. .da 4m 41- X xD iZ Z 4Kgi C El ril, VARIANCE SET-NOT FOR CONSTRUCTION F Toles Daniels New HousePoCOW REHKAMP CARSON ARCHITECTS INC. 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' 21 ' H tJ ri i /1,,011 4 6 '10,0%vp2A,i& 0\::s, IA'•._ i 0 a 0 i 11- •t grV, 1 . .0 04) 1,fclii:4,Tr,rx.,re,-,rmve 0 Sa,07541i, w,wr lip ,s• 0,>-'rr:Oftio,-, Olfirklifir WII*11,, II Oft Ci i 7.,,,- ',0,..0 401•.0 0, 1i 0' A' 1 - '.6.e'..?•;. ,withilik-,44.1.iiik 4---,.., t i 1 re 41g4t0°03 ° , 4 0 i i i . ,,,Attioge • Illi trip Artifir‘ 41-f,• -..-4-"i0 / °) H1i1 El g33g M Ei 0 Op igi!;filiiillii1 1 0 0 000000:i, I ,hi 1P-. ; : E 8 $;R,g N 21 4 •'; I qi.' ;i illz rg 1 A i 001, 1pmE151 ! 1 7 r X x ArttN T,131 lin q.1 lir, p;.21,., w q; z , q. F . 5 2 3 2 8 2" i i' P' Q Hill F,I— 1 iii iz. AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR 1. Purpose. This application is regarding an average variance to make minor changes to an existing deck. 2. MN§15.99 Application Deadline. The application was received and was considered to be complete on February 25th. The 60-Day review period has been extended and now expires on June 25, 2019. 3. Background/ Summary. The home on the subject property is almost entirely lakeward of the average lakeshore setback line due to the extreme setback from the lake of the property to the north. The applicant’s proposal includes in-kind re-construction of two existing decks. An average lakeshore setback variance is needed for the lakeside deck as it is proposed to be elevated 22 inches to the patio door level to eliminate the immediate stair out the door. The stairs leading off the deck are being turned to the south. Therefore, it is not a true “in kind” rebuild. 4. Planning Commission Vote and Comment. On April 15th the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7 to 0 on a motion to approve the requested variance. 5. Public Comment. Comments from the neighbors were received during public comments, please refer to the draft Planning Commission minutes attached as Exhibit C. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits of 04/15/19 Exhibit A. Application Summary Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Aerial Photos Exhibit E. Proposed Plans Exhibit F. Site Photos Exhibit G. Submitted Hardcover Calculations Exhibit H. Property Owners List Exhibit I. Plat Map Item No.: 14 Date: May 13, 2019 Item Description:LA19-000014 – Nick Rukamp o/b/o Steven Prawer, 4470 Forest Lake Landing, Variance – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000014 WHEREAS, on February 25, 2019, Steven Prawer (hereinafter the Applicant”), applied for a variance from the City Code for the property addressed 4470 Forest Lake Landing and legally described as: Tract B, RLS No. 1472, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of an existing lakeside deck with minor changes lakeward of the average lakeshore setback; and WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on May 13, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000014. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 3. The Property contains 0.43 acres in area and has a defined lot width of 51 feet at the ordinary high water level and 67 feet at the 75-foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Average Lakeshore Setback. 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and 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. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variance is minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The requested variance is consistent with the residential goals within the comprehensive plan. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The minimal changes to the reconstructed lakeside deck lakeward of the average lakeshore setback are reasonable on this residential property. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property’s orientation; the distance separation between the subject home and the neighboring homes; the existing trees separating the homes on either side combined with the elevation in relation to the lake result in a unique circumstance allowing for the deck to be almost completely screened from the adjacent homes; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 c. The variance, if granted, will not alter the essential character of the locality.” The changes to the existing lakeside deck are minimal, will be generally screened from the neighboring homes, and will not adversely impact views of the lake from the neighboring homes. This condition is met. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential decks are an allowed use in the LR-1B District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The home and decks are existing and there are mature property line trees and arborvitae which provide screening. The topography also situates the Applicant’s home and decks out of direct view of the neighbors, the decks will not adversely impact adjacent properties. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Applicant’s proposal does not appear to be out of character with the area. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The Applicant’s request to rebuild the existing lakeside deck in a more functional footprint is reasonable and necessary. This statement is true. 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 proposed changes to the existing deck will not impair the health, safety, comfort or morals of the public. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Property’s orientation; the distance separation between the subject home and the neighboring homes; the existing trees separating the homes on either side combined with the elevation in relation to the lake result in a unique practical difficulties regarding the setback applied to the home and deck. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of the lakeside deck with minor changes to the footprint, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the site plan and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (May 13, 2020). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of May, 2019. 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( " ! + # 0 6 / % 3 # + * 0 & * " + & " # . * " + & & 4 * ! 7 # & # 1 + 2 8 * " + & " # . * " + & & 4 * ! 7 # & 9 : 3 ; + 4 # " ! 3 0 & * " +& " # . * " + 7 # & 3 # * " + & " # . * " + ' % 7 1 " * 4 ' ! & % 6 ' % - ; ; / ! " ! 0" # " " $ ! $ % & ! ' ' ( ) $ * + * ! & ! ! , - . . / 0 ' 6 7 1 * /* * . ' ( % . ' * . . * & % % % . ' % ( % ) % . ' 0 % 0 ) ' ' ( % . ' /) * . % 0 ) ' ' ( % . ' /) * . % 0 & . ' ) % . ' Project: S h e e t T i t l e : T i t l e S h e e t PROJECT DESIGN DONE BY PRECISION DECKS Sheet Number: Scale: D e s i g n B y : P r e c i s i o n D e c k s 2 0 1 7 0 7 5 t h A v e N o r t h C o r c o r a n , M N 5 5 3 4 0 P -7 6 3 -3 5 5 -5 2 3 3 M N . L i c .B C 5 8 3 0 2 5 1 1/4" Date:3/20/2019 D e s i g n F o r : P r a w e r R e s i d e n c e 4 4 7 0 F o r e s t L a k e L a n d i n g O r o n o , M N 5 5 3 6 4 NOTICE DISCLAIMER AND COPYRIGHT ALL DESIGNS AND 3-D RENDERINGS PROVIDED ARE COPYRIGHT PROPERTY OF PRECISION DECKS. ANY DUPLICATION OF THIS DESIGN IS SUBJECT TO PENALTY AND/OR CHARGES. ALL 3-D RENDERINGS ARE CLOSE REPRESENTATION OF THE PROPOSED DESIGN, BUT NOT EXACT. SITE DIMENSIONS AND SITE CONDITIONS COULD ADJUST THE LOOK OF FINAL PRODUCT. SOME MATERIAL LIMITATIONS MAY APPLY. THIS PLAN SET, COMBINED WITH THE BUILDING CONTRACT, PROVIDES BUILDING DETAILS FOR THE RESIDENTIAL PROJECT. PRECISION DECKS WILL VERIFY THAT SITE CONDITIONS ARE CONSISTENT WITH THESE PLANS BEFORE STARTING WORK. WORK NOT SPECIFICALLY DETAILED SHALL BE CONSTRUCTED TO THE SAME QUALITY AS SIMILAR WORK THAT IS DETAILED. ALL WORK SHALL BE DONE IN ACCORDANCE WITH STATE BUILDING CODES AND LOCAL BUILDING CODES. SITE DIMENSIONS AND SITE CONDITIONS TAKE PRECEDENCE OVER SCALED DIMENSIONS AND GENERAL NOTES. GENERAL NOTES Custom KEY / LEGEND FOOTING PLACEMENT RAILING POST PLACEMENT RAILING CAP POST LIGHT PLACEMENT TREX WEDGE LIGHT PLACEMENT PROJECT DETAILS BACK DECK 1) POST: 6x6 .60 grade ground contact treated post set on top of 12" concrete footing 16" bell 2) BEAM: (3) 2x10 treated glued and nailed together set on top of 6x6 post 3) JOIST: 2x10 treated using LU210 hangers 16" on center 4) LEDGER: 2x10 treated attached with 2- 5" ledger locks 12" on center 5) FASCIA: 1x12 Trex Island Mist 6) DECKING: 5/4x6 Trex in Island Mist with single decking border in Island Mist - outside perimeter 7) RAILING: Railcraft 7000 series aluminum railing cable style with 1 5/8" x 3 5/8" posts powder coated in textured black 8) OPTIONS: Cedar lattice around base of deck- paint not included. FRONT DECK 1) POST: 6x6 .60 grade ground contact treated post set on top of existing concrete footings 2) BEAM: (3) 2x10 treated glued and nailed together set on top of 6x6 post 3) JOIST: 2x10 treated using LU210 hangers 16" on center 5) FASCIA: 1x12 Trex Island Mist 6) DECKING: 5/4x6 Trex in Island Mist with single decking border in Island Mist - outside perimeter 7) RAILING: Redi Rail 100 series with square aluminum balusters and 3" posts in textured black. 8) OPTIONS: Cedar lattice around base of deck- paint not included. SITE PICTURE SHEET INDEX Sheet 1 Title Sheet Sheet 2 Project Design Sheet 3 Framing Details Sheet 4 Framing Details Sheet 5 Project Details D N 1 4 '-6 " 29' 4 ' 4'-4" 2 0 9 S Q F T 2 1 0 S Q F T D E C K D E C K Trex LED Wedge Light Placement R e d L i n e E x i s t i n g D e c k F o o t p r i n t Red Line Existing Footprint Project: S h e e t T i t l e : Sheet Number: Scale: D e s i g n B y : P r e c i s i o n D e c k s 2 0 1 7 0 7 5 t h A v e N o r t h C o r c o r a n , M N 5 5 3 4 0 P -7 6 3 -3 5 5 -5 2 3 3 M N . L i c .B C 5 8 3 0 2 5 2 1/4" Date:3/20/2019 D e s i g n F o r : P r a w e r R e s i d e n c e 4 4 7 0 F o r e s t L a k e L a n d i n g O r o n o , M N 5 5 3 6 4 Custom P r o j e c t D e s i g n PROJECT DESIGN 1 - BACK DECK 1/4" = 1'-0" 2 D N D N 4 '-9 " 4' 4' 8 '-1 1 " 4 '-5 " 10'-2"17'-9" 1 1 5 S Q F T 4 7 S Q F TDECK D E C K T r e x L E D W e d g e L i g h t P l a c e m e n t R e d L i n e E x i s t i n g D e c k F o o t p r i n t R e d L i n e E x i s t i n g F o o t p r i n t Project: S h e e t T i t l e : Sheet Number: Scale: D e s i g n B y : P r e c i s i o n D e c k s 2 0 1 7 0 7 5 t h A v e N o r t h C o r c o r a n , M N 5 5 3 4 0 P -7 6 3 -3 5 5 -5 2 3 3 M N . L i c .B C 5 8 3 0 2 5 3 1/4" Date:3/20/2019 D e s i g n F o r : P r a w e r R e s i d e n c e 4 4 7 0 F o r e s t L a k e L a n d i n g O r o n o , M N 5 5 3 6 4 Custom P r o j e c t D e s i g n PROJECT DESIGN 1 - FRONT DECK 1/4" = 1'-0" 3 4 ' 29' 1 4 '-6 " 1' 1 ' N E W 6 X 6 P T P O S T S E T O N N E W 1 2 " C O N C R E T E F O O T I N G W I T H 1 6 " B E L L 2X10 LEDGER 2 X 1 0 K D A T J O I S T 1 6 " O C 3-2X10 DROP BEAM 2X12 PT STRINGERS NEW 6X6 PT POST SET ONEXISTING CONCRETE FOOTINGS N E W 6 X 6 P T P O S T S E T O N E X I S T I N G C O N C R E T E F O O T I N G S Project: S h e e t T i t l e : Sheet Number: Scale: D e s i g n B y : P r e c i s i o n D e c k s 2 0 1 7 0 7 5 t h A v e N o r t h C o r c o r a n , M N 5 5 3 4 0 P -7 6 3 -3 5 5 -5 2 3 3 M N . L i c .B C 5 8 3 0 2 5 4 1/4" Date:3/20/2019 D e s i g n F o r : P r a w e r R e s i d e n c e 4 4 7 0 F o r e s t L a k e L a n d i n g O r o n o , M N 5 5 3 6 4 Custom FRAMING DETAIL - BACK DECK 1/4" = 1'-0" 4 F r a m i n g D e t a i l s 4 '-9 " 8 '-1 0 " 1 ' 4' 4' 10'-2"17'-9" N E W 6 X 6 P T P O S T S E T O N N E W 1 2 " C O N C R E T E F O O T I N G W I T H 1 6 " B E L L N E W 6 X 6 P T P O S T S E T O N E X I S T I N G C O N C R E T E F O O T I N G S 2 X 1 0 K D A T J O I S T 1 6 " O C 3-2X10 DROP BEAM 3-2X10 DROP BEAM N E W 6 X 6 P T P O S T S E T O N E X I S T I N G C O N C R E T E F O O T I N G S Project: S h e e t T i t l e : Sheet Number: Scale: D e s i g n B y : P r e c i s i o n D e c k s 2 0 1 7 0 7 5 t h A v e N o r t h C o r c o r a n , M N 5 5 3 4 0 P -7 6 3 -3 5 5 -5 2 3 3 M N . L i c .B C 5 8 3 0 2 5 5 1/4" Date:3/20/2019 D e s i g n F o r : P r a w e r R e s i d e n c e 4 4 7 0 F o r e s t L a k e L a n d i n g O r o n o , M N 5 5 3 6 4 Custom F r a m i n g D e t a i l s FRAMING DETAIL - FRONT DECK 1/4" = 1'-0" 5 4 ' 1'-4" 1' 6x6 Post Full Pour Concrete Footing Simpson AB66 Bracket Grade 5/4" Decking Flashing LU210 Hanger 2x10 Joist 2x10 Ledger With 2- 5" Ledger Locks 12" OC Aluminum Top Rail 1 5/8" x 3 5/8" Aluminum Post Stainless Steel Cable Trex 1x12 Island Mist 3" Redi Rail Post Redi Rail Aluminum Railing 3/4" Square Balusters Aluminum Top Cap 1x12 Trex Island Mist Top of handrail- 34" to 38" above nose of treads. With gripable hand rail 3/4" Pipe Balusters at less the 4 3/8" 3" Aluminum Post 5/4" x 6" Decking boards 10" Min Run 7 3/4" Max Rise Outer stringers attached with Simpson A35, Inner stringers attached with LSU26Z 1" x 12" Fascia Board 2" x 10" PT Outer stringers with 2" x 12" PT inner stringers 6" x 6" PT Post 3- 2" x 10" Beam 5 1/2" Ledger Locks 2" x 10" Joist 16" O.C. Grade 6x6 Post Full Pour Concrete Footing Simpson AB66 Bracket 1 ' 5/4" Decking Flashing LU210 Hanger 2x10 Joist 2x10 Ledger With 2- 5" Ledger Locks 12" OC Aluminum Top Rail 1 5/8" x 3 5/8" Aluminum Post Stainless Steel Cable Trex 1x12 Island Mist 3" Redi Rail Post Redi Rail Aluminum Railing 3/4" Square Balusters Aluminum Top Cap 1x12 Trex Island Mist Top of handrail- 34" to 38" above nose of treads. With gripable hand rail 3/4" Pipe Balusters at less the 4 3/8" 3" Aluminum Post 5/4" x 6" Decking boards 10" Min Run 7 3/4" Max Rise Outer stringers attached with Simpson A35, Inner stringers attached with LSU26Z 1" x 12" Fascia Board 2" x 10" PT Outer stringers with 2" x 12" PT inner stringers 6" x 6" PT Post 3- 2" x 10" Beam 5 1/2" Ledger Locks 2" x 10" Joist 16" O.C. Grade 6x6 Post Full Pour Concrete Footing Simpson AB66 Bracket 3 ' 3 " 5/4" Decking Flashing LU210 Hanger 2x10 Joist 2x10 Ledger With 2- 5" Ledger Locks 12" OC Aluminum Top Rail 1 5/8" x 3 5/8" Aluminum Post Stainless Steel Cable Trex 1x12 Island Mist 3" Redi Rail Post Redi Rail Aluminum Railing 3/4" Square Balusters Aluminum Top Cap 1x12 Trex Island Mist Top of handrail- 34" to 38" above nose of treads. With gripable hand rail 3/4" Pipe Balusters at less the 4 3/8" 3" Aluminum Post 5/4" x 6" Decking boards 10" Min Run 7 3/4" Max Rise Outer stringers attached with Simpson A35, Inner stringers attached with LSU26Z 1" x 12" Fascia Board 2" x 10" PT Outer stringers with 2" x 12" PT inner stringers 6" x 6" PT Post 3- 2" x 10" Beam 5 1/2" Ledger Locks 2" x 10" Joist 16" O.C. Grade 6x6 Post Full Pour Concrete Footing Simpson AB66 Bracket 5/4" Decking Flashing LU210 Hanger 2x10 Joist 2x10 Ledger With 2- 5" Ledger Locks 12" OC Aluminum Top Rail 1 5/8" x 3 5/8" Aluminum Post Stainless Steel Cable Trex 1x12 Island Mist 3" Redi Rail Post Redi Rail Aluminum Railing 3/4" Square Balusters Aluminum Top Cap 1x12 Trex Island Mist Top of handrail- 34" to 38" above nose of treads. With gripable hand rail 3/4" Pipe Balusters at less the 4 3/8" 3" Aluminum Post 5/4" x 6" Decking boards 10" Min Run 7 3/4" Max Rise Outer stringers attached with Simpson A35, Inner stringers attached with LSU26Z 1" x 12" Fascia Board 2" x 10" PT Outer stringers with 2" x 12" PT inner stringers 6" x 6" PT Post 3- 2" x 10" Beam 5 1/2" Ledger Locks 2" x 10" Joist 16" O.C. Grade 6x6 Post Full Pour Concrete Footing Simpson AB66 Bracket 5/4" Decking Flashing LU210 Hanger 2x10 Joist 2x10 Ledger With 2- 5" Ledger Locks 12" OC Aluminum Top Rail 1 5/8" x 3 5/8" Aluminum Post Stainless Steel Cable Trex 1x12 Island Mist 3" Redi Rail Post Redi Rail Aluminum Railing 3/4" Square Balusters Aluminum Top Cap 1x12 Trex Island Mist Top of handrail- 34" to 38" above nose of treads. With gripable hand rail 3/4" Pipe Balusters at less the 4 3/8" 3" Aluminum Post 5/4" x 6" Decking boards 10" Min Run 7 3/4" Max Rise Outer stringers attached with Simpson A35, Inner stringers attached with LSU26Z 1" x 12" Fascia Board 2" x 10" PT Outer stringers with 2" x 12" PT inner stringers 6" x 6" PT Post 3- 2" x 10" Beam 5 1/2" Ledger Locks 2" x 10" Joist 16" O.C. Grade 4' Project: S h e e t T i t l e : Sheet Number: Scale: D e s i g n B y : P r e c i s i o n D e c k s 2 0 1 7 0 7 5 t h A v e N o r t h C o r c o r a n , M N 5 5 3 4 0 P -7 6 3 -3 5 5 -5 2 3 3 M N . L i c .B C 5 8 3 0 2 5 6 1/4" Date:3/20/2019 D e s i g n F o r : P r a w e r R e s i d e n c e 4 4 7 0 F o r e s t L a k e L a n d i n g O r o n o , M N 5 5 3 6 4 Custom P r o j e c t D e t a i l s PROJECT DETAILS FOOTING DETAIL 6 NOT TO SCALE D1 4 BEAM DETAILD2 4 LEDGER DETAILD3 4 BACK DECK RAILING DETAILD4 4 FRONT DECK RAILING DETAILD5 4 FRONT DECK STAIR DETAILD6 4 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ NEW BUSINESS 1. LA19-000014 PRECISION DECKS ON BEHALF OF STEVEN PRAWER, 4470 FOREST LAKE LANDING, VARIANCE, 6:33 P.M. – 6:40 P.M. Nick Rukamp, Precision Decks, and Steven Prawer, Property Owner, were present. Curtis stated the applicant is requesting average lakeshore setback variances in order to rebuild existing decks in kind footprints. The home is nearly entirely lakeward of the average lakeshore setback line due in part to the extreme setback from the lake of the property to the north. The applicant is planning to rebuild in kind the existing decks on the street side and lake side of the home within the same footprint. Minor changes to the lakeside deck to rotate the staircase and to raise the deck floor 22 inches are proposed. Both decks are within the average lakeshore setback. No public comments have been received. Staff provided a practical difficulty analysis within Staff’s report and can answer any questions the Planning Commission may have concerning the analysis. Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties supporting granting the average lakeshore setback variance for the changes to the lakeside deck in conjunction with a near in-kind replacement. The applicant’s desire to utilize the existing footprint in a slightly more functional footprint orientation is reasonable. Staff recommends approval of the average lakeshore setback variance. The Planning Commission had no questions for Staff. Steven Prawer, Property Owner, stated he would be able to answer any questions the Planning Commission may have. Thiesse asked if the raise in the deck is to eliminate the three steps coming out of the patio doors. Prawar indicated it is. Prawar stated the reason for that is he is 77 years old and he just had a hip replaced and that he does not want to lose his balance and fall. The raise in elevation allows them to make it even with the floor in the house so they can walk out directly onto the deck. Chair Thiesse opened the public hearing at 6:35 p.m. Loren Schoenzeit, 4480 Forest Lake Landing, stated in general the project as presented is appropriate but that he would like to confirm that the extreme setback of the house to the north, which is his, is there MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ because the City has a sewer line running diagonally between the two lines for which they have no easement for. The only building envelope is where the old and new house is. The other item for confirmation is that this variance is specifically for the deck as proposed and no additional encroachments into the lake setback. If there is, he would like that to come back before the Planning Commission. Schoenzeit stated he is in support of the project as presented limiting it to the in-kind replacement of the deck as proposed. Thiesse noted any increase in structure or hardcover would have to come back before the Planning Commission. Chair Thiesse closed the public hearing at 6:37 p.m. Ressler stated the proposal seems reasonable and that they are not talking about a second story or an addition but a deck. Ressler stated in his view the criteria has been met for a practical difficulty. Libby commented he understands the issues related to the hip replacement and that he can understand why the applicant would want to redo the steps. Libby asked how many steps are there currently or whether there is a railing. Curtis indicated they would be required to have a railing and that there are six steps down. Libby asked whether the City Engineer has reviewed this. Curtis noted the City Engineer does not review decks. Libby indicated he would be in favor of it since it is out of necessity. Erickson commented this is a reasonable use of the property. McCutcheon stated the application is pretty straight forward. Bollis stated this is straight forward request. Ressler moved, Gettman seconded, to recommend approval of Application No. LA19-000014, Precision Decks on Behalf of Steven Prawer, 4470 Forest Lake Landing, granting of average lakeshore setback variance. VOTE: Ayes 7, Nays 0. Date Application Received: 02/25/19 Date Application Considered as Complete: 02/25/19 60-Day Review Period Expires: 04/26/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 15 April 2019 Subject: #LA19-000014, Nick Rukamp o/b/o Steven Prawer, 4470 Forest Lake Landing, Variance Public Hearing Background The home on the subject property is nearly entirely lakeward of the average lakeshore setback line due to the extreme setback from the lake of the property to the north. The applicant plans to rebuild the existing decks on the street side and lake side of the home in the same footprint. Minor changes to the lakeside deck to rotate the staircase and to raise the deck floor 22 inches (to meet the door threshold) are proposed. Both decks are within the average lakeshore setback. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 - Setbacks: LR-1B Required Existing Proposed Rear/Street 30’ ±64’ street side deck No change North Side 7.5’ ±11’ lakeside deck ±22’ street side deck No change South Side 7.5’ ±35’ lakeside deck ±30’ street side deck No change Lakeshore 75’ ±138’ lakeside deck No change Average Lakeshore The lakeside deck is situated approximately 60 feet lakeward of the average lakeshore setback line. A small portion of the street side deck is within the setback. The decks are proposed to rebuilt in the same footprints with a stair orientation change and a 22” elevation increase on the lakeside deck. Application Summary: The applicant is requesting average lakeshore setback variances in order to rebuild existing decks in kind footprints (minor changes to the lakeside deck). Staff Recommendation: Planning Department Staff recommends approval. FILE #LA19-000013 15 April 2019 Page 2 of 4 Section 78- 330 - Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 18,950 s.f. (0.43 acre) ±67’ @ 75’ / ±51’ @ OHWL Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 18,950 s.f. (0.43 acre) Allowed: 3,790 s.f. (20%) Proposed: 1,604 s.f. (8%) Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 18,950 s.f. 4,737 s.f. (25 %) 3,100 s.f. (16.3%) 3,112 s.f. (16.4%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) Due to the property’s orientation and the extreme setback from the lake of the home to the north, a large portion of the subject property and nearly the entire home is lakeward of the average lakeshore setback line with a very limited buildable area. The applicant’s proposal includes in-kind re-construction of two existing decks. The lakeside deck is proposed to be elevated 22 inches to the patio door level to eliminate the immediate stair out the door and the stairs leading off the deck are being turned to the south lakeward of the average lakeshore setback line. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: FILE #LA19-000013 15 April 2019 Page 3 of 4 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 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 minimal changes to the reconstructed lakeside deck lakeward of the average lakeshore setback are reasonable residential property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The property’s orientation; the distance separation between the subject home and the neighboring homes; the existing trees separating the homes on either side combined with the elevation in relation to the lake result in a unique circumstance allowing for the decks to be almost completely screened from the adjacent homes; and c. The variance will not alter the essential character of the locality. The changes to the existing lakeside deck are minimal, will be generally screened from the neighboring homes, and will not adversely impact views of the lake from the neighboring homes. This condition is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential decks are an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home and decks are existing and there are mature property line trees and arborvitae which provide screening. The topography also situates the applicant’s home and decks out of direct view of the neighbors, the decks will not adversely impact adjacent properties. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant’s proposal does not appear to be out of character with the area. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant’s request to rebuild the existing lakeside deck in a more functional footprint is reasonable and necessary. This statement is true. FILE #LA19-000013 15 April 2019 Page 4 of 4 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 proposed changes to the existing decks will not impair the health, safety, comfort or morals of the public. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties supporting granting the average lakeshore setback variance for the changes to the lakeside deck in conjunction with a near in-kind replacement. The applicant’s desire to utilize the existing footprint in a slightly more functional footprint orientation is reasonable. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application Summary Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Aerial Photos Exhibit E. Proposed Plans Exhibit F. Site Photos Exhibit G. Submitted Hardcover Calculations Exhibit H. Property Owners List Exhibit I. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR 1. Purpose. This application is regarding an IUP to export fill material; and a guest house CUP. 2. MN§15.99 Application Deadline. The application was received on March 6, 2019 and considered to be complete on March 15th. Therefore the 60-Day review period expires on May 14th. 3. Background/ Summary. The applicant is requesting approval of an interim use permit (IUP) to allow the export of approximately 9,500 cubic yards of material from the property; as well as disturbance of approximately 5,800 cubic yards of material within the 75-foot setback to facilitate the construction of a new residence on the property. Additionally, they seek approval of a guest house conditional use permit (CUP) to allow a new guest house use. 4. Planning Commission Vote and Comment. On April 15th the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7 to 0 in favor of a motion to approve the requested CUP and IUP. 5. Public Comment. No comments from the public were received on this request. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Note, if the Council votes to table the application the 60-day review deadline should be formally extended until July 13, 2019. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 04/15/19 Exhibit A. Application Exhibit B. Proposed Site Plan & Grading and Drainage Plan Exhibit C. Proposed Guest House Plans and Elevations Exhibit D. City Engineer Memo Exhibit E. Property Owners List Exhibit F. Plat Map Item No.: 15 Date: May 13, 2019 Item Description: LA19-000019 – Chris Lake o/b/o Brackett Point Property, LLC, 1400 Bracketts Point Road, CUP & IUP – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-305 AND AN INTERIM USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 FILE NO. LA19 -000019 WHEREAS, on March 6, 2019, on behalf of the property owner Brackett Point Property L.L.C., Christine Lake (hereinafter the “Applicant”), the vice president of Brackett Point Property LLC, applied for a Land Use application including an Interim Use Permit (hereinafter the “IUP”); and a Conditional Use Permit (hereinafter the “CUP”) for the property addressed 1400 Bracketts Point Road and legally described as: Lot 1, Block 2, Southways, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the export of approximately 9,500 cubic yards of material from the Property; and disturbance of approximately 5,800 cubic yards of material within the 75-foot setback to facilitate the construction of a new residence on the property; and WHEREAS, the Applicant has made application to the City of Orono for a CUP pursuant to Orono Municipal Zoning Code Section to permit a guest house on the Property; and WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the IUP and CUP for the Property; and WHEREAS, on May 13, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested IUP and CUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000019. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 3. The Property contains 5.3 acres in area and has a defined lot width of over 600 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Interim Use Permit allowing the export of approximately 9,500 cubic yards of material. b. Interim Use Permit allowing for the disturbance of approximately 5,800 cubic yards of material, grading, etc. within the 75-foot setback. c. Guest House Conditional Use Permit. 6. In considering this application, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed plan 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. CONDITIONAL USE PERMIT ANALYSIS: The City Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; the proposed guest house use is residential in nature and the residential use is consistent with the CMP guiding for this neighborhood. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest house is in a conforming location and the lot size is compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; the proposed guest house will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; Staff believes this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the guest house is residential in visual character and is expected to be compatible with the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed guest house is expected to be residential in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the guest house is not expected to have any adverse impacts; no information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the guest house will be situated within the Property and will not be significantly visible when viewed from off the Property on the street side, and the views from the lake will be minimal. In the opinion of staff, additional screening or buffering will not be required. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposed guest house is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; it is anticipated that the proposed guest house will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the proposed guest house has been designed to correspond with the architecture of the proposed residence on the Property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; the Owners are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. INTERIM USE PERMIT ANALYSIS: On the basis of the application and the evidence submitted, the City Council determines that the use will comply with the following: 16) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78- 916 of the Zoning Code. 17) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1A zoning district; this statement is true. 18) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 development of the new single family home on the Property. This statement is true. 19) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 20) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 9,500 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 21) The use will not impose additional unreasonable costs on the public; the home builder, builders subcontractors, and Owner will be responsible for keeping debris off of the roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 22) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the Property. An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 23) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented herein as required. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the export of approximately 9,500 cubic yards of material from the Property; and disturbance of approximately 5,800 cubic yards of material within the 75-foot setback to facilitate the construction of a new residence on the property; and grants a CUP pursuant to Orono Municipal Zoning Code Section to permit a guest house on the Property; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 11/19/18 and revised on 3/29/19 by James R. Hill, Inc.; the grading plan dated 04/01/19 by Pierce Pini & Associate; and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B, & C (collectively the “Plans”) . 3. Any amendments to the Plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of May, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 Brackett Point Property, L.L.C., A Minnesota Limited Liability Company By: ________________________ it’s Vice President STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _____ day of ___________, 20_____, by Christine Lake, the Vice President of Brackett Point Property, LLC, a Minnesota Limited Liability Company, on behalf of the Company. ____________________________________ Notary Public 1. Su b j e c t p r o p e r t y ' s a d d r e s s i s 1 4 0 0 B r a c k e t t s P o i n t R o a d , O r o n o , i t s pr o p e r t y i d e n t i f i c a t i o n n u m b e r i s 1 1 1 1 7 2 3 3 2 0 0 2 0 . 2. 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S E T 6+ ( ( 7 6+ ( ( 7 6+ ( ( 7 6+ ( ( 7 18 0 % ( 5 18 0 % ( 5 18 0 % ( 5 18 0 % ( 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 /( * $ / 1 2 7 , & ( /( * $ / 1 2 7 , & ( /( * $ / 1 2 7 , & ( /( * $ / 1 2 7 , & ( 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & 46 4 S E C O N D S T R E E T SU I T E 1 0 0 EX C E L S I O R , M N . 5 5 3 3 1 PH O N E : 9 5 2 - 4 7 0 - 9 7 5 0 FA X : 9 5 2 - 7 6 7 - 5 8 5 9 in f o @ s h a r r a t t d e s i g n . c o m șȧ ȧ ȣ ȣ Ț ȟȦ Ȥ Ȝ .2 0 $ ( 1 * , 1 ( ( 5 6 .2 0 $ ( 1 * , 1 ( ( 5 6 .2 0 $ ( 1 * , 1 ( ( 5 6 .2 0 $ ( 1 * , 1 ( ( 5 6 & $ + , / / $ 9 ( 1 8 ( & $ + , / / $ 9 ( 1 8 ( & $ + , / / $ 9 ( 1 8 ( & $ + , / / $ 9 ( 1 8 ( ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 &2 1 7 $ & 7 0 , . 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( 7 7 6 3 2 , 1 7 5 2 $ ' : $ < = $ 7 $ 0 1 : $ < = $ 7 $ 0 1 : $ < = $ 7 $ 0 1 : $ < = $ 7 $ 0 1 8 - 2 9 - 1 8 -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & / , 1 & 2 / 1 ' 5 , 9 ( / , 1 & 2 / 1 ' 5 , 9 ( / , 1 & 2 / 1 ' 5 , 9 ( / , 1 & 2 / 1 ' 5 , 9 ( (' , 1 $ 0 1 (' , 1 $ 0 1 (' , 1 $ 0 1 (' , 1 $ 0 1 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( X 9 - 1 3 - 1 8 X 9 - 2 7 - 1 8 S P A C E P L A N N I N G X 1 0 - 9 - 1 8 X 1 0 - 1 1 - 1 8 X 1 0 - 2 4 - 1 8 X 1 1 - 1 2 - 1 8 X 1 2 - 0 4 - 1 8 X1 2 - 0 5 - 1 8 1 2 - 0 5 - 1 8 U P D A T E D R M S C H D X 1 2 - 1 1 - 1 8 P R I C I N G X 1 2 - 1 8 - 1 8 P R I C E S T R U C T X 1 - 1 1 - 1 9 x 1 - 1 6 - 1 9 x S I T E O P T 1 - 1 7 - 1 9 S T R U C T . M T G X 1 - 2 3 - 1 9 S T O P P R I N T C I T Y X 1 - 2 8 - 1 9 M O L I N C O N C E P T X 2 - 1 1 - 1 9 R A I N W A T E R S Y S X 2 - 1 2 - 1 9 M E C H . M T G X 2 - 1 9 - 1 9 R O O F T R U S S X X2 - 2 7 - 1 9 3 - 6 - 1 9 X P E R M I T S E T X Ș $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ & / 8 % + 2 8 6 ( 6 ( & 7 , 2 1 6 $ & / 8 % + 2 8 6 ( 6 ( & 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ & / 8 % + 2 8 6 ( ( / ( 9 $ 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ % 8 , / ' , 1 * 6 ( & 7 , 2 1 6 $ 6 , 7 ( 3 / $ 1 $ / 2 : ( 5 / ( 9 ( / 3 / $ 1 $ 0 $ , 1 / ( 9 ( / ) / 2 2 5 3 / $ 1 $ 8 3 3 ( 5 / ( 9 ( / ) / 2 2 5 3 / $ 1 $ 5 2 2 ) 3 / $ 1 $ & / 8 % + 2 8 6 ( ) 2 8 1 ' 0 $ , 1 ) / $ & / 8 % + 2 8 6 ( 8 3 3 ( 5 / ( 9 ( / 5 2 2 ) $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ ( ; 7 ( 5 , 2 5 ( / ( 9 $ 7 , 2 1 6 $ /2 : ( 5 / ( 9 ( / ) / 2 2 5 3 / $ 1 $ &/ 8 % + 2 8 6 ( 0 $ , 1 $ $ $ $ $ $ $ $ 1 5 ' - 0 " $ $ $ $ $ $ $ $ $ $ 5R R P 5R R P 5R R P 5R R P 14 2 5R R P 5R R P 5R R P 5R R P 14 3 5R R P 5R R P 5R R P 5R R P 14 4 5R R P 5R R P 5R R P 5R R P 14 5 5R R P 5R R P 5R R P 5R R P 14 6 5R R P 5R R P 5R R P 5R R P 14 7 5R R P 5R R P 5R R P 5R R P 14 8 5R R P 5R R P 5R R P 5R R P 14 9 5R R P 5R R P 5R R P 5R R P 15 0 5R R P 5R R P 5R R P 5R R P 15 1 6+ 6+ 6+ 6+ 5( & ( 6 6 ( ' 6 + 5( & ( 6 6 ( ' 6 + 5( & ( 6 6 ( ' 6 + 5( & ( 6 6 ( ' 6 + 16 ' - 9 1 / 2 " $ 6+ 6+ 6+ 6+ 3 ' - 1 0 1 / 2 " & / * + 7 & / * + 7 & / * + 7 & / * + 7 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 83 7 2 83 7 2 83 7 2 83 7 2 & / * + 7 & / * + 7 & / * + 7 & / * + 7 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( & / * & / * & / * & / * +7 +7 +7 +7 & / * & / * & / * & / * +7 +7 +7 +7 & / * & / * & / * & / * +7 +7 +7 +7 & / * & / * & / * & / * +7 +7 +7 +7 & / * + 7 & / * + 7 & / * + 7 & / * + 7 6( $ 7 6( $ 7 6( $ 7 6( $ 7 /,1 ( 1 /, 1 ( 1 /,1 ( 1 /, 1 ( 1 1 8 ' - 8 " 1 8 ' - 7 " 1 8 ' - 8 " 3 ' - 8 1 / 2 " %( 1 & + %( 1 & + %( 1 & + %( 1 & + 6( $ 7 6( $ 7 6( $ 7 6( $ 7 %( 1 & + %( 1 & + %( 1 & + %( 1 & + /, 1 ( 1 /, 1 ( 1 /, 1 ( 1 /, 1 ( 1 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 83 7 2 83 7 2 83 7 2 83 7 2 $ /, 1 ( 1 /, 1 ( 1 /, 1 ( 1 /, 1 ( 1 0( ' 0( ' 0( ' 0( ' /, 1 ( 1 /, 1 ( 1 /, 1 ( 1 /, 1 ( 1 0( ' 0( ' 0( ' 0( ' 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 $ 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 & / * & / * & / * & / * +7 +7 +7 +7 & / * & / * & / * & / * +7 +7 +7 +7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 6 2 ) ) , 7 & / * & / * & / * & / * +7 +7 +7 +7 & / * & / * & / * & / * +7 +7 +7 +7 $ & / * + 7 & / * + 7 & / * + 7 & / * + 7 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 %$ 5 5 ( / 9 $ 8 / 7 83 7 2 83 7 2 83 7 2 83 7 2 & / * + 7 & / * + 7 & / * + 7 & / * + 7 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( 6 3 5 , 1 * / , 1 ( 6 + ( ( 7 , 1 ' ( ; 6 + ( ( 7 , 1 ' ( ; 6 + ( ( 7 , 1 ' ( ; 6 + ( ( 7 , 1 ' ( ; 3 5 2 - ( & 7 7 ( $ 0 3 5 2 - ( & 7 7 ( $ 0 3 5 2 - ( & 7 7 ( $ 0 3 5 2 - ( & 7 7 ( $ 0 $5 & + , 7 ( & 7 $5 & + , 7 ( & 7 $5 & + , 7 ( & 7 $5 & + , 7 ( & 7 6+ $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 6+ $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 6+ $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 6+ $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 6 ( & 2 1 ' $ 9 ( 6 ( & 2 1 ' $ 9 ( 6 ( & 2 1 ' $ 9 ( 6 ( & 2 1 ' $ 9 ( (; & ( / 6 , 2 5 0 1 (; & ( / 6 , 2 5 0 1 (; & ( / 6 , 2 5 0 1 (; & ( / 6 , 2 5 0 1 &2 1 7 $ & 7 0 , . ( 6 + $ 5 5 $ 7 7 &2 1 7 $ & 7 0 , . ( 6 + $ 5 5 $ 7 7 &2 1 7 $ & 7 0 , . ( 6 + $ 5 5 $ 7 7 &2 1 7 $ & 7 0 , . ( 6 + $ 5 5 $ 7 7 25 5 , & . + ( 1 5 , . 6 ( 1 25 5 , & . + ( 1 5 , . 6 ( 1 25 5 , & . + ( 1 5 , . 6 ( 1 25 5 , & . + ( 1 5 , . 6 ( 1 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( 67 5 8 & 7 8 5 $ / ( 1 * , 1 ( ( 5 67 5 8 & 7 8 5 $ / ( 1 * , 1 ( ( 5 67 5 8 & 7 8 5 $ / ( 1 * , 1 ( ( 5 67 5 8 & 7 8 5 $ / ( 1 * , 1 ( ( 5 *( 1 ( 5 $ / & 2 1 7 5 $ & 7 2 5 *( 1 ( 5 $ / & 2 1 7 5 $ & 7 2 5 *( 1 ( 5 $ / & 2 1 7 5 $ & 7 2 5 *( 1 ( 5 $ / & 2 1 7 5 $ & 7 2 5 ' $ 7 ( , 6 6 8 ( ' ' $ 7 ( , 6 6 8 ( ' ' $ 7 ( , 6 6 8 ( ' ' $ 7 ( , 6 6 8 ( ' CH E C K CL I E N T ME E T I N G S E T ES T I M A T E S RE V I S I O N PE R M I T BI D S E T AD D E N D U M CO N S T . S E T 6+ ( ( 7 6+ ( ( 7 6+ ( ( 7 6+ ( ( 7 18 0 % ( 5 18 0 % ( 5 18 0 % ( 5 18 0 % ( 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 35 2 3 2 6 ( ' 1 ( : & 2 1 6 7 5 8 & 7 , 2 1 ) 2 5 /( * $ / 1 2 7 , & ( /( * $ / 1 2 7 , & ( /( * $ / 1 2 7 , & ( /( * $ / 1 2 7 , & ( 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 7+ ( 6 ( ' 2 & 8 0 ( 1 7 6 6 + $ / / 1 2 7 % ( 5 ( 3 5 2 ' 8 & ( ' 2 5 5 ( ' , 6 7 5 , % 8 7 ( ' : , 7 + 2 87 (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & (; 3 5 ( 6 6 ( ' : 5 , 7 7 ( 1 & 2 1 6 ( 1 7 2 ) 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 $ 1 ' & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & & & 2 3 < 5 , * + 7 6 + $ 5 5 $ 7 7 ' ( 6 , * 1 & 2 0 3 $ 1 < / / & 46 4 S E C O N D S T R E E T SU I T E 1 0 0 EX C E L S I O R , M N . 5 5 3 3 1 PH O N E : 9 5 2 - 4 7 0 - 9 7 5 0 FA X : 9 5 2 - 7 6 7 - 5 8 5 9 in f o @ s h a r r a t t d e s i g n . c o m șȧ ȧ ȣ ȣ Ț ȟȦ Ȥ Ȝ .2 0 $ ( 1 * , 1 ( ( 5 6 .2 0 $ ( 1 * , 1 ( ( 5 6 .2 0 $ ( 1 * , 1 ( ( 5 6 .2 0 $ ( 1 * , 1 ( ( 5 6 & $ + , / / $ 9 ( 1 8 ( & $ + , / / $ 9 ( 1 8 ( & $ + , / / $ 9 ( 1 8 ( & $ + , / / $ 9 ( 1 8 ( ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 ,1 9 ( 5 * 5 2 9 ( + ( , * + 7 6 0 1 &2 1 7 $ & 7 0 , . ( / , 6 2 : 6 . , &2 1 7 $ & 7 0 , . ( / , 6 2 : 6 . , &2 1 7 $ & 7 0 , . ( / , 6 2 : 6 . , &2 1 7 $ & 7 0 , . ( / , 6 2 : 6 . , 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( X % 5 $ & . ( 7 7 6 3 2 , 1 7 5 2 $ ' % 5 $ & . ( 7 7 6 3 2 , 1 7 5 2 $ ' % 5 $ & . ( 7 7 6 3 2 , 1 7 5 2 $ ' % 5 $ & . ( 7 7 6 3 2 , 1 7 5 2 $ ' : $ < = $ 7 $ 0 1 : $ < = $ 7 $ 0 1 : $ < = $ 7 $ 0 1 : $ < = $ 7 $ 0 1 8 - 2 9 - 1 8 -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & -2 + 1 . 5 $ ( 0 ( 5 6 2 1 6 , 1 & / , 1 & 2 / 1 ' 5 , 9 ( / , 1 & 2 / 1 ' 5 , 9 ( / , 1 & 2 / 1 ' 5 , 9 ( / , 1 & 2 / 1 ' 5 , 9 ( (' , 1 $ 0 1 (' , 1 $ 0 1 (' , 1 $ 0 1 (' , 1 $ 0 1 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 &2 1 7 $ & 7 * $ 5 < . 5 $ ( 0 ( 5 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( 3+ 2 1 ( X 9 - 1 3 - 1 8 X 9 - 2 7 - 1 8 S P A C E P L A N N I N G X 1 0 - 9 - 1 8 X 1 0 - 1 1 - 1 8 X 1 0 - 2 4 - 1 8 X 1 1 - 1 2 - 1 8 X 1 2 - 0 4 - 1 8 X1 2 - 0 5 - 1 8 1 2 - 0 5 - 1 8 U P D A T E D R M S C H D X 1 2 - 1 1 - 1 8 P R I C I N G X 1 2 - 1 8 - 1 8 P R I C E S T R U C T X 1 - 1 1 - 1 9 x 1 - 1 6 - 1 9 x S I T E O P T 1 - 1 7 - 1 9 S T R U C T . M T G X 1 - 2 3 - 1 9 S T O P P R I N T C I T Y X 1 - 2 8 - 1 9 M O L I N C O N C E P T X 2 - 1 1 - 1 9 R A I N W A T E R S Y S X 2 - 1 2 - 1 9 M E C H . M T G X 2 - 1 9 - 1 9 R O O F T R U S S X X2 - 2 7 - 1 9 3 - 6 - 1 9 X P E R M I T S E T X Ș $ 52 2 ) 3 / $ 1 $ &/ 8 % + 2 8 6 ( 8 3 3 ( 5 / ( 9 ( / l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l lllllllllllllllllllllllllllllllllllllllllllllllllllllllll l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l ll l l l l ll l l l l l l l l l l l l l l l l l l lllllllllllllllll l l l l l l l l l l l l l l l l l l l llll l l l l l l l l l l l l l l lllllllllllllllllllllllllllllllll l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l llllllll l l l l l l lllllllllllllllllllllllllllll l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l lllllllllllllllllllllll l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l x x x x x x x x x x xx x x x x x x xxx xx x x x x x x x x x x l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l lllllllll l l l l l l l l l l l l l l l l l l l l l l lllllllllllllllllllllllllllllll 1.Subject property's address is 1400 Bracketts Point Road, Orono, its property identification number is 1111723320020. 2.The bearing system is based on the North line of Anderson Addition which is assumed to bear North 75 degrees 30 minutes 42 seconds East. 3.Field work was completed 11/12/2018. 4.The building(s) and exterior dimensions of the outside wall at ground level are shown on the survey. It may not be the foundation wall. 5.No specific title search for existence or non-existence of recorded or un-recorded easements has been conducted by the surveyor as a part of this survey. Only easements per the recorded plat are shown. 6.The base flood elevation is 931.0, per Federal Insurance Rate Map No. 27035C0308F dated 11/04/2016. 7.The gross area of the subject property is 5.302 Acres or 230,952 square feet. NOTES Lot 1, Block 2, SOUTHWAYS, Hennepin County, Minnesota. PROPERTY DESCRIPTION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. That this survey does not purport to show all improvements, easements or encroachments, to the property except as shown thereon. Signed this 19th day of November, 2018 Marcus F. Hampton MN L.S. No. 47481 SURVEYOR'S CERTIFICATE The vertical datum is NAVD88. Benchmark Rim of Manhole in Bracketts Point Road at the northwest corner of Lot 1, Block 2. Elevation = 942.77 BENCHMARK LEGEND FOUND IRON PIPE FOUND NAIL SET IRON PIPE RETAINING WALL TRANSFORMER POWER POLE OVERHEAD POWER LIFT STATION SANITARY MANHOLE VENT PIPE CULVERT DRAIN BASIN GATE VALVE SHRUB DECIDUOUS CONIFEROUS CHAIN LINK FENCE BOLLARD CATCH BASIN CATCH BASIN FLARED END SECTION STORM MANHOLE BITUMINOUS SURFACE CONCRETE SURFACE 25 0 0 W E S T C . R . 4 2 , S U I T E 1 2 0 , B U R N S V I L L E , M N 5 5 3 3 7 PH O N E : 9 5 2 . 8 9 0 . 6 0 4 4 w w w . j r h i n c . c o m PL A N N E R S / E N G I N E E R S / S U R V E Y O R S 14 0 0 B R A C . E T T S P O I N T R O A ' OR O N O , M I N N E S O T A CE R T I F I C A T E O F S U R V E Y - P R O P O S E D H O U S E FO R BR A C . E T T S P O I N T P R O P E R T Y 'RAWN BY 'ATE REVISIONS PLM 11/19/2018 A. 3/25/19: Monuments and silt fence CA' FILE 23601-proposed.dwg PRO-ECT NO. 23601 FILE NO. 1-18-059 SHEET 1 OF 1 Ja m e s R . H i l l , I n c . RIP RAP SANITARY UNDERGROUND STORM UNDERGROUND FORCEMAIN AREA OF 12% OR GREATER SLOPE lllllllllllll PROPOSED SILT FENCE B. 3/28/19: Review Letter C. 3/29/19: Additional Comments CLUB HOUSE PLATE 966' - 1 7/8" CLUB HOUSE MAIN 945' - 0" CLUB MAIN PLATE 955' - 1 1/8" CLUB HOUSE UPPER LEVEL TOWER ROOM 978' - 9 1/4" Level 49 CLUB HOUSE PLATE 966' - 1 7/8" CLUB HOUSE MAIN 945' - 0" CLUB UPPER LEVEL 957' - 1 7/8" CLUB MAIN PLATE 955' - 1 1/8" CLUB HOUSE UPPER LEVEL CLUB HOUSE PLATE 966' - 1 7/8" CLUB HOUSE MAIN 945' - 0" CLUB UPPER LEVEL 957' - 1 7/8" CLUB MAIN PLATE 955' - 1 1/8" CLUB HOUSE UPPER LEVEL 8' - 8 " 8' - 1 0 7 / 1 6 " TOWER ROOM 978' - 9 1/4" Level 49 CLUB HOUSE PLATE 966' - 1 7/8" CLUB HOUSE MAIN 945' - 0" CLUB UPPER LEVEL 957' - 1 7/8" CLUB MAIN PLATE 955' - 1 1/8" CLUB HOUSE UPPER LEVEL RO O F M E D I A N P O I N T 28 ' - 8 3 1 / 3 2 " TOWER ROOM 978' - 9 1/4" SH E E T I N D E X SH E E T I N D E X SH E E T I N D E X SH E E T I N D E X PR O J E C T T E A M PR O J E C T T E A M PR O J E C T T E A M PR O J E C T T E A M ARCHITECTARCHITECTARCHITECTARCHITECT SHARRATT DESIGN & COSHARRATT DESIGN & COSHARRATT DESIGN & COSHARRATT DESIGN & CO 464 SECOND AVE # 100464 SECOND AVE # 100464 SECOND AVE # 100464 SECOND AVE # 100 EXCELSIOR MN 55331EXCELSIOR MN 55331EXCELSIOR MN 55331EXCELSIOR MN 55331 CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT OR RICK HENRIKSENOR RICK HENRIKSENOR RICK HENRIKSENOR RICK HENRIKSEN PHONE: 952 470 9750PHONE: 952 470 9750PHONE: 952 470 9750PHONE: 952 470 9750 STRUCTURAL ENGINEERSTRUCTURAL ENGINEERSTRUCTURAL ENGINEERSTRUCTURAL ENGINEER GENERAL CONTRACTORGENERAL CONTRACTORGENERAL CONTRACTORGENERAL CONTRACTOR D A T E I S S U E D D A T E I S S U E D D A T E I S S U E D D A T E I S S U E D CHECK CLIENT MEETING SET ESTIMATES REVISION PERMIT BID SET ADDENDUM CONST. SET SHEETSHEETSHEETSHEET NUMBERNUMBERNUMBERNUMBER PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: LEGAL NOTICE:LEGAL NOTICE:LEGAL NOTICE:LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC. C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN. 55331 PHONE: 952-470-9750 FAX: 952 -767-5859 info@sharrattdesign.com BPP, LLC HOME KOMA ENGINEERSKOMA ENGINEERSKOMA ENGINEERSKOMA ENGINEERS 6115 CAHILL AVENUE6115 CAHILL AVENUE6115 CAHILL AVENUE6115 CAHILL AVENUE INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN 55076550765507655076 CONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKI PHONE: 651PHONE: 651PHONE: 651PHONE: 651----789789789789----4123412341234123 X 1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1 8- 2 9 - 1 8 JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC. 4906 LINCOLN DRIVE4906 LINCOLN DRIVE4906 LINCOLN DRIVE4906 LINCOLN DRIVE EDINA, MN 55439EDINA, MN 55439EDINA, MN 55439EDINA, MN 55439 CONTACT: GARY KRAEMERCONTACT: GARY KRAEMERCONTACT: GARY KRAEMERCONTACT: GARY KRAEMER PHONE 952PHONE 952PHONE 952PHONE 952----935935935935----9100910091009100 X 9- 1 3 - 1 8 X 9- 2 7 - 1 8 SP A C E P L A N N I N G X 10 - 9 - 1 8 X 10 - 1 1 - 1 8 X 10 - 2 4 - 1 8 X 11 - 1 2 - 1 8 X 12 - 0 4 - 1 8 X 12 - 0 5 - 1 8 12 - 0 5 - 1 8 UP D A T E D R M S C H D X 12 - 1 1 - 1 8 PR I C I N G X 12 - 1 8 - 1 8 PR I C E S T R U C T X 1- 1 1 - 1 9 x 1- 1 6 - 1 9 x S I T E O P T 1- 1 7 - 1 9 S T R U C T . M T G X 1- 2 3 - 1 9 ST O P P R I N T C I T Y X 1- 2 8 - 1 9 MO L I N C O N C E P T X 2- 1 1 - 1 9 RA I N W A T E R S Y S X 2- 1 2 - 1 9 ME C H . M T G X 2- 1 9 - 1 9 R O O F T R U S S X X 2- 2 7 - 1 9 3- 0 6 - 1 9 X P E R M I T S E T X 3- 0 8 - 1 9 A18 1/4" = 1'-0"A18 1 CLUB HOUSE EAST ELEVATION 1/4" = 1'-0"A18 2 CLUB HOUSE NORTH ELEVATION 1/4" = 1'-0"A18 3 CLUB HOUSE SOUTH ELEVATION 1/4" = 1'-0"A18 4 CLUB HOUSE WEST ELEVATION A29 BUILDING SECTIONS A30 BUILDING SECTIONS A31 BUILDING SECTIONS A32 BUILDING SECTIONS A33 BUILDING SECTIONS A34 BUILDING SECTIONS A35 CLUBHOUSE SECTIONS A15 EXTERIOR ELEVATIONS A16 EXTERIOR ELEVATIONS A17 EXTERIOR ELEVATIONS A18 CLUB HOUSE ELEVATIONS A19 BUILDING SECTIONS A20 BUILDING SECTIONS A21 BUILDING SECTIONS A22 BUILDING SECTIONS A23 BUILDING SECTIONS A24 BUILDING SECTIONS A25 BUILDING SECTIONS A26 BUILDING SECTIONS A27 BUILDING SECTIONS A28 BUILDING SECTIONS A1 SITE PLAN A2 FOUNDATION PLAN A3 LOWER LEVEL PLAN A4 MAIN LEVEL FLOOR PLAN A5 UPPER LEVEL FLOOR PLAN A6 ROOF PLAN A7 CLUB HOUSE FOUND & MAIN FL. A8 CLUB HOUSE UPPER LEVEL & ROOF A9 EXTERIOR ELEVATIONS A10 EXTERIOR ELEVATIONS A11 EXTERIOR ELEVATIONS A12 EXTERIOR ELEVATIONS A13 EXTERIOR ELEVATIONS A14 EXTERIOR ELEVATIONS UP UP UP CLUB HOUSECLUB HOUSECLUB HOUSECLUB HOUSE MECHANICALMECHANICALMECHANICALMECHANICAL 1000 LL EPOXY / CONCRETE UP 1 6 R 2 A35 3 A34 3 A35 1 A34 UNEXCAVATEDUNEXCAVATEDUNEXCAVATEDUNEXCAVATED UNEXCAVATEDUNEXCAVATEDUNEXCAVATEDUNEXCAVATED 2' - 10"11' - 8"2' - 10" 17' - 4"26' - 8"17' - 4" 61' - 4" 19 ' - 4 " 18 ' - 8 " 17' - 4"44' - 0" 18 ' - 8 " 19 ' - 4 " 1' - 6 " 4' - 0 " 1' - 6 " 5' - 4 " 2' - 1 0 " 13 ' - 8 " 2' - 1 0 " 11' - 8"2' - 10"2' - 10"11' - 8"2' - 10" 2' - 1 0 " 13 ' - 8 " 2' - 1 0 " 1' - 4"1' - 6" 2 A34 4 A34 3' - 1 1 " 3' - 11" 18 ' - 8 " 5' - 0"16' - 8"5' - 0" 10 " 1' - 4 " 10 " 18 ' - 8 " 2' - 6 " 26' - 8"2' - 10" 5' - 7 " 5' - 4 1/2" FURN.FURN.FURN.FURN. 3' - 5 " 12 ' - 9 " 10"1' - 4" 1 A35 A14 1 2 A35 A17 4 A173 A17 1 A17 2 34 " L I N E N 34 " L I N E N 34 " L I N E N 34 " L I N E N 3 A34 3 A35 SEATSEATSEATSEAT 1 A34 SEATSEATSEATSEAT 7' - 5 1 / 4 " 2' - 1 0 " 13 ' - 8 " 2' - 1 0 " 19 ' - 4 " 19 ' - 4 " 18 ' - 8 " 61' - 4" 61' - 4" 18 ' - 8 " 14' - 6"2' - 10"26' - 8"17' - 4" 6' - 4 1/4"4' - 3 1/2"5' - 4 1/2"4' - 3 1/2"6' - 4 1/4" 7' - 5 1 / 4 " 6' - 9 " 7' - 0 " 13' - 4" SEATSEATSEATSEAT SEATSEATSEATSEAT 18 ' - 8 " EQ EQ 2' - 10" 2' - 1 0 " 13 ' - 8 " 2' - 1 0 " 18 ' - 8 " 2' - 10"11' - 8"2' - 10"11' - 8"2' - 10" 2' - 10"11' - 8"11' - 8"2' - 10" 2x62x62x62x6 4' - 1"4' - 1"4' - 1" 2 A34 COVERED PORCHCOVERED PORCHCOVERED PORCHCOVERED PORCH COVERED PORCHCOVERED PORCHCOVERED PORCHCOVERED PORCH BEER GARDENBEER GARDENBEER GARDENBEER GARDEN RoomRoomRoomRoom 152 RoomRoomRoomRoom 153 RoomRoomRoomRoom 154 RoomRoomRoomRoom 155 RoomRoomRoomRoom 156 RoomRoomRoomRoom 157 4 A34 34 " L I N E N 34 " L I N E N 34 " L I N E N 34 " L I N E N 13' - 4" 1 A35 SH E E T I N D E X SH E E T I N D E X SH E E T I N D E X SH E E T I N D E X PR O J E C T T E A M PR O J E C T T E A M PR O J E C T T E A M PR O J E C T T E A M ARCHITECTARCHITECTARCHITECTARCHITECT SHARRATT DESIGN & COSHARRATT DESIGN & COSHARRATT DESIGN & COSHARRATT DESIGN & CO 464 SECOND AVE # 100464 SECOND AVE # 100464 SECOND AVE # 100464 SECOND AVE # 100 EXCELSIOR MN 55331EXCELSIOR MN 55331EXCELSIOR MN 55331EXCELSIOR MN 55331 CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT OR RICK HENRIKSENOR RICK HENRIKSENOR RICK HENRIKSENOR RICK HENRIKSEN PHONE: 952 470 9750PHONE: 952 470 9750PHONE: 952 470 9750PHONE: 952 470 9750 STRUCTURAL ENGINEERSTRUCTURAL ENGINEERSTRUCTURAL ENGINEERSTRUCTURAL ENGINEER GENERAL CONTRACTORGENERAL CONTRACTORGENERAL CONTRACTORGENERAL CONTRACTOR DA T E I S S U E D DA T E I S S U E D DA T E I S S U E D DA T E I S S U E D CHECK CLIENT MEETING SET ESTIMATES REVISION PERMIT BID SET ADDENDUM CONST. SET SHEETSHEETSHEETSHEET NUMBERNUMBERNUMBERNUMBER PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: LEGAL NOTICE:LEGAL NOTICE:LEGAL NOTICE:LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC. C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN. 55331 PHONE: 952-470-9750 FAX: 952 -767-5859 info@sharrattdesign.com BPP, LLC HOME KOMA ENGINEERSKOMA ENGINEERSKOMA ENGINEERSKOMA ENGINEERS 6115 CAHILL AVENUE6115 CAHILL AVENUE6115 CAHILL AVENUE6115 CAHILL AVENUE INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN 55076550765507655076 CONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKI PHONE: 651PHONE: 651PHONE: 651PHONE: 651----789789789789----4123412341234123 X 1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1 8- 2 9 - 1 8 JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC. 4906 LINCOLN DRIVE4906 LINCOLN DRIVE4906 LINCOLN DRIVE4906 LINCOLN DRIVE EDINA, MN 55439EDINA, MN 55439EDINA, MN 55439EDINA, MN 55439 CONTACT: GARY KRAEMERCONTACT: GARY KRAEMERCONTACT: GARY KRAEMERCONTACT: GARY KRAEMER PHONE 952PHONE 952PHONE 952PHONE 952----935935935935----9100910091009100 X 9- 1 3 - 1 8 X 9- 2 7 - 1 8 SP A C E P L A N N I N G X 10 - 9 - 1 8 X 10 - 1 1 - 1 8 X 10 - 2 4 - 1 8 X 11 - 1 2 - 1 8 X 12 - 0 4 - 1 8 X 12 - 0 5 - 1 8 12 - 0 5 - 1 8 UP D A T E D R M S C H D X 12 - 1 1 - 1 8 PR I C I N G X 12 - 1 8 - 1 8 PR I C E S T R U C T X 1- 1 1 - 1 9 x 1- 1 6 - 1 9 x S I T E O P T 1- 1 7 - 1 9 S T R U C T . M T G X 1- 2 3 - 1 9 ST O P P R I N T C I T Y X 1- 2 8 - 1 9 MO L I N C O N C E P T X 2- 1 1 - 1 9 RA I N W A T E R S Y S X 2- 1 2 - 1 9 ME C H . M T G X 2- 1 9 - 1 9 R O O F T R U S S X X 2- 2 7 - 1 9 3- 6 - 1 9 X P E R M I T S E T X A6 A29 BUILDING SECTIONS A30 BUILDING SECTIONS A31 BUILDING SECTIONS A32 BUILDING SECTIONS A33 BUILDING SECTIONS A34 CLUBHOUSE SECTIONS A35 CLUB HOUSE SECTIONS A15 EXTERIOR ELEVATIONS A16 EXTERIOR ELEVATIONS A17 CLUB HOUSE ELEVATIONS A18 BUILDING SECTIONS A19 BUILDING SECTIONS A20 BUILDING SECTIONS A21 BUILDING SECTIONS A22 BUILDING SECTIONS A23 BUILDING SECTIONS A24 BUILDING SECTIONS A25 BUILDING SECTIONS A26 BUILDING SECTIONS A27 BUILDING SECTIONS A28 BUILDING SECTIONS A1 SITE PLAN A2 LOWER LEVEL PLAN A3 MAIN LEVEL FLOOR PLAN A4 UPPER LEVEL FLOOR PLAN A5 ROOF PLAN A6 CLUB HOUSE FOUND & MAIN FL. A7 CLUB HOUSE UPPER LEVEL & ROOF A8 EXTERIOR ELEVATIONS A9 EXTERIOR ELEVATIONS A10 EXTERIOR ELEVATIONS A11 EXTERIOR ELEVATIONS A12 EXTERIOR ELEVATIONS A13 EXTERIOR ELEVATIONS A14 EXTERIOR ELEVATIONS 1/4" = 1'-0"A6 2 LOWER LEVEL FLOOR PLAN 1/4" = 1'-0"A6 1 CLUB HOUSE MAIN 2 A35 A17 4 A173 A17 1 A17 2 3 A34 3 A35 1 A34 18 15 ' - 0 " 2 A34 4 A34 1 A35 2 A35 A17 4 A173 A17 1 A17 2 3 A34 3 A35 RoomRoomRoomRoom 142 RoomRoomRoomRoom 143RoomRoomRoomRoom 144 RoomRoomRoomRoom 145 RoomRoomRoomRoom 146 RoomRoomRoomRoom 147 RoomRoomRoomRoom 148 RoomRoomRoomRoom 149 RoomRoomRoomRoom 150 RoomRoomRoomRoom 151 SH.SH.SH.SH.RECESSED SH.RECESSED SH.RECESSED SH.RECESSED SH. 16' - 9 1/2" 1 A34 SH.SH.SH.SH. 3' - 1 0 1 / 2 " 8'8'8'8'----1" CLG. HT.1" CLG. HT.1" CLG. HT.1" CLG. HT. 7'7'7'7'----4" SPRINGLINE4" SPRINGLINE4" SPRINGLINE4" SPRINGLINE BARREL VAULTBARREL VAULTBARREL VAULTBARREL VAULT UP TO 13'UP TO 13'UP TO 13'UP TO 13'----11"11"11"11" 9'9'9'9'----9" CLG. HT.9" CLG. HT.9" CLG. HT.9" CLG. HT. 7'7'7'7'----4" SPRINGLINE4" SPRINGLINE4" SPRINGLINE4" SPRINGLINE 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 8'8'8'8'----1" CLG. HT.1" CLG. HT.1" CLG. HT.1" CLG. HT. SEATSEATSEATSEAT LINENLINENLINENLINEN 18 ' - 8 " 18 ' - 7 " 18 ' - 8 " 3' - 8 1 / 2 " BENCHBENCHBENCHBENCH SEATSEATSEATSEAT BENCHBENCHBENCHBENCHLINENLINENLINENLINEN BARREL VAULTBARREL VAULTBARREL VAULTBARREL VAULT UP TO 8'UP TO 8'UP TO 8'UP TO 8'----8"8"8"8"2 A34 LINENLINENLINENLINEN MED.MED.MED.MED. LINENLINENLINENLINEN MED.MED.MED.MED. 7'7'7'7'----4" SOFFIT4" SOFFIT4" SOFFIT4" SOFFIT 4 A34 7'7'7'7'----4" SOFFIT4" SOFFIT4" SOFFIT4" SOFFIT 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 7'7'7'7'----4" SOFFIT4" SOFFIT4" SOFFIT4" SOFFIT 7'7'7'7'----4" SOFFIT4" SOFFIT4" SOFFIT4" SOFFIT 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 8'8'8'8'----1" CLG.1" CLG.1" CLG.1" CLG. HT.HT.HT.HT. 1 A35 8'8'8'8'----1" CLG. HT.1" CLG. HT.1" CLG. HT.1" CLG. HT.BARREL VAULTBARREL VAULTBARREL VAULTBARREL VAULT UP TO 9'UP TO 9'UP TO 9'UP TO 9'----3"3"3"3" 9'9'9'9'----9" CLG. HT.9" CLG. HT.9" CLG. HT.9" CLG. HT. 7'7'7'7'----4" SPRINGLINE4" SPRINGLINE4" SPRINGLINE4" SPRINGLINE SH E E T I N D E X SH E E T I N D E X SH E E T I N D E X SH E E T I N D E X PR O J E C T T E A M PR O J E C T T E A M PR O J E C T T E A M PR O J E C T T E A M ARCHITECTARCHITECTARCHITECTARCHITECT SHARRATT DESIGN & COSHARRATT DESIGN & COSHARRATT DESIGN & COSHARRATT DESIGN & CO 464 SECOND AVE # 100464 SECOND AVE # 100464 SECOND AVE # 100464 SECOND AVE # 100 EXCELSIOR MN 55331EXCELSIOR MN 55331EXCELSIOR MN 55331EXCELSIOR MN 55331 CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT CONTACT: MIKE SHARRATT OR RICK HENRIKSENOR RICK HENRIKSENOR RICK HENRIKSENOR RICK HENRIKSEN PHONE: 952 470 9750PHONE: 952 470 9750PHONE: 952 470 9750PHONE: 952 470 9750 STRUCTURAL ENGINEERSTRUCTURAL ENGINEERSTRUCTURAL ENGINEERSTRUCTURAL ENGINEER GENERAL CONTRACTORGENERAL CONTRACTORGENERAL CONTRACTORGENERAL CONTRACTOR DA T E I S S U E D DA T E I S S U E D DA T E I S S U E D DA T E I S S U E D CHECK CLIENT MEETING SET ESTIMATES REVISION PERMIT BID SET ADDENDUM CONST. SET SHEETSHEETSHEETSHEET NUMBERNUMBERNUMBERNUMBER PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: PROPOSED NEW CONSTRUCTION FOR: LEGAL NOTICE:LEGAL NOTICE:LEGAL NOTICE:LEGAL NOTICE: THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT THESE DOCUMENTS SHALL NOT BE REPRODUCED OR REDISTRIBUTED WITH OUT EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC.EXPRESSED WRITTEN CONSENT OF SHARRATT DESIGN AND COMPANY, LLC. C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC.C COPYRIGHT 2019 SHARRATT DESIGN & COMPANY LLC. 464 SECOND STREET SUITE 100 EXCELSIOR, MN. 55331 PHONE: 952-470-9750 FAX: 952 -767-5859 info@sharrattdesign.com BPP, LLC HOME KOMA ENGINEERSKOMA ENGINEERSKOMA ENGINEERSKOMA ENGINEERS 6115 CAHILL AVENUE6115 CAHILL AVENUE6115 CAHILL AVENUE6115 CAHILL AVENUE INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN INVER GROVE HEIGHTS, MN 55076550765507655076 CONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKICONTACT: MIKE LISOWSKI PHONE: 651PHONE: 651PHONE: 651PHONE: 651----789789789789----4123412341234123 X 1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D1 4 0 0 B R A C K E T T S P O I N T R O A D W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1W A Y Z A T A M N 5 5 3 9 1 8- 2 9 - 1 8 JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC.JOHN KRAEMER & SONS INC. 4906 LINCOLN DRIVE4906 LINCOLN DRIVE4906 LINCOLN DRIVE4906 LINCOLN DRIVE EDINA, MN 55439EDINA, MN 55439EDINA, MN 55439EDINA, MN 55439 CONTACT: GARY KRAEMERCONTACT: GARY KRAEMERCONTACT: GARY KRAEMERCONTACT: GARY KRAEMER PHONE 952PHONE 952PHONE 952PHONE 952----935935935935----9100910091009100 X 9- 1 3 - 1 8 X 9- 2 7 - 1 8 SP A C E P L A N N I N G X 10 - 9 - 1 8 X 10 - 1 1 - 1 8 X 10 - 2 4 - 1 8 X 11 - 1 2 - 1 8 X 12 - 0 4 - 1 8 X 12 - 0 5 - 1 8 12 - 0 5 - 1 8 UP D A T E D R M S C H D X 12 - 1 1 - 1 8 PR I C I N G X 12 - 1 8 - 1 8 PR I C E S T R U C T X 1- 1 1 - 1 9 x 1- 1 6 - 1 9 x S I T E O P T 1- 1 7 - 1 9 S T R U C T . M T G X 1- 2 3 - 1 9 ST O P P R I N T C I T Y X 1- 2 8 - 1 9 MO L I N C O N C E P T X 2- 1 1 - 1 9 RA I N W A T E R S Y S X 2- 1 2 - 1 9 ME C H . M T G X 2- 1 9 - 1 9 R O O F T R U S S X X 2- 2 7 - 1 9 3- 6 - 1 9 X P E R M I T S E T X A7 1/4" = 1'-0"A7 2 ROOF PLAN 1/4" = 1'-0"A7 1 CLUB HOUSE UPPER LEVEL MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 3. LA19-000019 CHRIS LAKE ON BEHALF OF BRACKETT POINT PROPERTY, LLC, 1400 BRACKETTS POINT ROAD, INTERIM USE PERMIT/CONDITIONAL USE PERMIT, 7:23 P.M. – 7:30 P.M. Chris Lake, Attorney-at-Law; Mike Sharratt, Designer; and Gary Kramer, Builder, were present. Curtis stated the applicant is requesting approval of an interim use permit to support the export of over 500 cubic yards of material from the site and soil disturbance in excess of 50 cubic yards within the 75- foot setback in conjunction with construction of a new residence. The applicant is also requesting approval of a conditional use permit for a guest house use. At 5.3 acres, the property meets the requirement for twice the two-acre LR-1A minimum lot area to support a secondary dwelling use/guest house. The proposed guest house will have a 2,182 square foot footprint where a single 2,200 square foot oversized accessory building is allowed. The construction of the new residence will result in 9,500 cubic yards of unneeded material. The applicant proposes to export this material from the site and has indicated the destination site will not be within the City. In addition, proposed grading work and storm sewer pipe installation will disturb approximately 5,800 cubic yards of material within the 75-foot lake setback area, which requires an Interim Use Permit. Neither the 75-foot zone grading, nor the export of materials, will result in the proposed home being out of character with the neighborhood. Staff finds the proposed plan conforms to the standards of interim use permit review and the grading activity will be tied to the building permit for the new residence. The City Engineer has reviewed the plans for the IUP and will subsequently review and provide direction regarding the building permit plan set. The haul route appears acceptable, but the applicant should clarify the ultimate destination for the exported materials. The hauling shall not commence until spring load restrictions are lifted. No public comments have been received on this application. Planning Staff recommends approval of the guest house CUP with the standard covenants and approval of the IUP for the grading activity in accordance with the City Engineer’s and all other applicable jurisdictional requirements. Staff also recommends approval subject to the property owners agreeing to the filing of a covenant in the title of the property providing that the guest house accessory building shall be for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. The guest dwelling may not be used for a home occupation unless specifically approved by the City or if allowed by this Code and may not be rented or leased under any circumstances. The Planning Commission had no questions for Staff. Chris Lake, Attorney-at-Law, stated they are available to answer any questions. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ McCutcheon asked what the haul route will be. McCutcheon noted there is a wicked left turn coming out of Bracketts Point that is concerning from a public safety point of view. McCutcheon stated he also is not sure why the haul route ends in Navarre. Lake stated she is not familiar with the end point of the haul route but that she is familiar with the left turn and that there have been no problems with the other work that is going on at Bracketts Point. Curtis stated there is a restricted bridge on the east edge. The applicants have indicated they are not bringing it to a site in the City, but if the ultimate destination is a site within the City, that site would need to receive a permit as well. Libby asked if there is a time frame for starting to move the dirt. Lake stated the permit has to be processed and finalized. Curtis noted it would be after road restrictions are lifted. Libby stated it takes approximately 35 feet for one of those dump trucks to stop and that the primary concern is that it is a county road that is heavily traveled. Lake stated in their view they have very qualified people working on the project. Chair Thiesse opened the public hearing at 7:30 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:30 p.m. Bollis stated he is supportive of the project as presented. Erickson, Libby, Ressler, and Gettman indicated they are in support of Staff’s recommendation. Ressler moved, McCutcheon seconded, to recommend approval of Application No. LA19-000019, Chris Lake on Behalf of Brackett Point Property, LLC, 1400 Bracketts Point Road, granting of an Interim Use Permit and Conditional Use Permit. VOTE: Ayes 7, Nays 0. Date Application Received: 03/06/19 Date Application Considered as Complete: 03/15/19 60-Day Review Period Expires: 05/14/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 15 April 2019 Subject: #LA19-000019, Chris Lake o/b/o Brackett Point Property, LLC, 1400 Bracketts Point Road, CUP – Guest House & IUP – Export 500+ cubic yards of material Public Hearing Background The applicant is requesting approval of an interim use permit (IUP) to allow the export of approximately 9,500 cubic yards of material; and disturbance of approximately 5,800 cubic yards of material within the 75-foot setback to facilitate the construction of a new residence on the property. Additionally, they seek approval of a guest house conditional use permit (CUP) to allow a new guest house use. Section 78- 305 - Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 230,852 s.f. (5.3 acres) +600’ Applicable Regulations: Guest House CUP (Section 78-305) The applicant is requesting a CUP to permit a guest house use on the property. At 5.3 acres, the property meets the requirement for twice the LR-1A minimum lot area to support a secondary dwelling use/guest house. The proposed guest house will have a 2,182 square foot footprint where a single 2,200 square foot oversized accessory building (OAB) is allowed, based on the property’s size. Interim Use Permit (Code Section 78-1726(a)(6)) The construction of a new residence on the property will result in 9,500 cubic yards of unneeded material. The applicant proposes to export this material from the site; they have indicated that Application Summary: The applicant is requesting approval of an IUP to support the export of over 500 cubic yards of material from the site and soil disturbance in excess of 50 cubic yards within the 75-foot setback in conjunction with construction of a new residence; and a CUP for a guest house use. Staff Recommendation: Planning Department Staff recommends approval with conditions. FILE # LA19-000019 15 April 2019 Page 2 of 5 the destination site will not be within the City. Additionally proposed grading work and storm sewer pipe installation will disturb approximately 5,800 cubic yards of material within the 75- foot lake setback area. Neither the 75-foot zone grading nor the export of materials will result in the proposed home being out of character with the neighborhood. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; the proposed guest house use is residential in nature and the residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest house is in a conforming location and the lot size is compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; the proposed guest house will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; Staff believes this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the proposed guest house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the guest house is residential in visual character and is expected to be compatible with the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed guest house is expected to be residential in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the guest house is not expected to have any adverse impacts; no information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the guest house will be situated within the property and will not be significantly visible when viewed from off the Property on the street side, and the views from the lake will be minimal. In the opinion of staff, additional screening or buffering will not be required. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposed guest house is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or FILE # LA19-000019 15 April 2019 Page 3 of 5 unsafe access; it is anticipated that the proposed guest house will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the proposed guest house has been designed to conform to the architecture of the proposed residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Applicable Regulation: Interim Use Permit (Section 78-1726) The Planning Commission may recommend and the Council may grant an Interim Use Permit (IUP). On the basis of the application and the evidence submitted, the city council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. 2) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1A zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 9,500 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public; the builder and owner will be responsible for keeping debris off of the roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site FILE # LA19-000019 15 April 2019 Page 4 of 5 should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property. An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented as required. Interim Use Permit Analysis Staff finds the proposed plan conforms to the standards of IUP review, the grading activity will be tied to the building permit for the new residence. Engineer Comments The City Engineer has reviewed the plans for the IUP and will subsequently review and provide direction regarding the building permit plan set. The haul route appears acceptable, however the applicant should clarify the ultimate destination for the exported materials. The hauling of material off site shall not commence until Spring load restrictions are lifted. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the approvals, 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 IUP and CUP? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval of the guest house CUP with the standard covenants; and approval of the IUP for the grading activity in accordance with the City Engineer’s and all other applicable jurisdictional requirements. The property owners shall agree to the filing of a covenant in the title of the property providing that the guest house accessory building shall be for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests and will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Rented or leased under any circumstances. FILE # LA19-000019 15 April 2019 Page 5 of 5 List of Exhibits Exhibit A. Application Exhibit B. Proposed Site Plan & Grading and Drainage Plan Exhibit C. Proposed Guest House Plans and Elevations Exhibit D. City Engineer Memo Exhibit E. Property Owners List Exhibit F. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding variances to construct additions to the existing home. 2. MN§15.99 Application Deadline. The application was received and was considered to be complete on March 6, 2019. The 60-Day review period has been extended and expires on July 4, 2019. 3. Background/ Summary. The existing home has a partial second story and no garage, and is situated 3.4 feet from the east lot line. The owner proposes to construct a garage addition on the rear of the home as well as add living space above the new and existing portions of the home. Side setback variances to allow building expansions 3.4 feet from the east side lot line where a 7.5 foot setback is required for the majority of the additions; the additions will be conforming on the west side lot line. A front yard setback variance is required to construct the covered entry over the stoop 23 feet from the front where a 30 foot setback is required. The proposed driveway is shown 1 foot from the west property line, where a 5 foot setback is required. 4. Planning Commission Vote and Comment. On April 15, 2019, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7 to 0 on a motion to approve the requested variances contingent upon incorporation of the Staff and City Engineer’s recommendations. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 04/15/19 Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey & HC Calcs Exhibit D. Staff Annotated Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Site Photos Exhibit G. Aerial Photos Exhibit H. City Engineer Memo Exhibit I. Property Owners List Exhibit J. Plat Map Item No.: 16 Date: May 13, 2019 Item Description: LA19-000020 – Veniamin “Ben” Bocharnikov, 3593 Crystal Place, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350 AND 78-1405 FILE NO.LA19-000020 WHEREAS, on March 6, 2019, Veniamin Borchanrikov (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 3593 Crystal Place and legally described as: Lot 11, Block 3, Navarre Heights, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-350 to allow a garage addition and 2nd story addition 3.4 feet from the east property line where a 7.5 foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-350 to allow an open, covered porch roof 23 feet from the front lot line where a 30 foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1405 to allow a driveway one foot from the west property line where a 5 foot setback is required; and WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the variances continent upon complying with the staff recommendations; and WHEREAS, on May 13, 2019 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000020. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C One Family Residential Zoning District. 3. The Property contains 0.17 acres in area and has a defined lot width of 49.8 feet. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Side Yard Setback Variance b. Front Yard Setback Variance c. Driveway Setback Variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width. The Applicant request to maintain the substandard setback on the east side may be reasonable considering the 34 foot setback of the eastern neighbor’s home from the Property resulting in a 37.4-foot separation between the two homes (existing and proposed). 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to expand the home on a nonconforming lot of record are consistent with the comprehensive plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the additions to the home on the substandard lot, in the proposed location within the front and side yard setbacks, appears to be somewhat reasonable as the Property’s reduced size and width create difficulties. The hardcover level, building coverage, and encroachments proposed within the required yards in addition to the driveway setback appear to be reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property’s uniquely small size and width, and required setbacks prevent a reasonable residential footprint. c. The variance, if granted, will not alter the essential character of the locality.” The proposed footprint is smaller than the permitted 2,000 square feet. The other properties in the neighborhood have similar setback challenges, the Property will not be out of character with the neighborhood. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a residential home is an allowed use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s substandard size and width, create difficulties which also apply to many of the properties in the same neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s substandard size and width, create difficulties which also apply to many but not all of the properties in the same neighborhood. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting front and side yard setback variances and the driveway setback variance is necessary for the preservation of the property right of the Applicant. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested driveway setback, side yard, and front yard setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances for setback are necessary, and do not merely serve as a convenience to the Applicant. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-350 to allow a garage addition and 2nd story additions 3.4 feet from the east property line where a 7.5 foot setback is required; and a variance from Section 78-350 to allow an open, covered porch entry roof 23 feet from the front lot line where a 30 foot setback is required; and a variance from Section 78-1405 to allow a driveway one foot from the west property line where a 5 foot setback is required;, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 02/07/19 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (May 13, 2020). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of May, 2019 ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Fi r s t F l o o r 0' - 0" Ad d i t i o n F l o o r 9' - 10 3 / 4 " Ad d i t i o n R o o f 17 ' - 11 7 / 8 " RI D G E V E N T 2X 6 H A N D F R A M E NE W R O O F A B O V E FR O N T E N T R Y AL U M I N U M S O F F I T AN D F A S C I A AS P H A L T S H I N G L E S 4" W I N D O W A N D D O O R T R I M T Y P . 6X 6 P O S T F R A M E D O U T TO 1 2 " X 1 2 " C O L U M N 2' - 0 " LP L A P S I D I N G 4 " / 1 '-0 " RE M O V E B R I C K I N S T A L L D R I P CA P O V E R C O N C . W A L L 1' - 0 " 1' - 0 " 4 " / 1 ' - 0 " LP L A P S I D I N G AL U M I N U M SO F F I T A N D FA S C I A 4" W I N D O W TR I M 10 " 6" D O O R T R I M AS P H A L T SH I N G L E S RI D G E V E N T 1' - 0 " 1' - 0 " 1' - 0 " 6 " / 1 ' - 0 " 6 " / 1 '-0 " AV A S T U D I O . H O U Z Z . 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I S N O T R E S P O N S I B L E FO R A N Y P R O B L E M A S A R E S U L T O F A N ER R O R O M I S S I O N O N T H E S E P L A N S . 1 A0 6 CO N C R E T E S L A B ( F I E L D V E R I F Y ) EX I S T I N G FL O O R JO I S T S E X I S T I N G F L O O R J O I S T S EX I S T I N G FL O O R JO I S T S E X I S T I N G F L O O R J O I S T S 1 T O P C O U R S E 6" X 8 " X 1 6 " C O N C . B L O C K 4 C O U R S E S 12 " X 8 " X 1 6 " C O N C . B L O C K FO U N D A T I O N W A L L 20 " X 8 " F O O T I N G NO T E : P R O V I D E ( 1 ) # 4 X 2 ' -0" L O N G D O W E L @ TO P C O U R S E A N D M I D D L E C O U R S E & (2 ) # 4 2 ' -0" L O N G D O W E L S @ S T R I P F O O T I N G . EP O X Y G R O U T E D I N T O E X I S T I N G WA L L ( 6 " M I N . E M B E D ) & G R O U T N E W W A L L CO R E S S O L I D A T D O W E L S N O T O P C O U R S E @ G A R A G E D O O R Un e x c a v a t e d Cr a w l S p a c e NO T E : P R O V I D E ( 1 ) # 4 X 2 ' -0" L O N G D O W E L @ TO P C O U R S E A N D M I D D L E C O U R S E & (2 ) # 4 2 ' -0" L O N G D O W E L S @ S T R I P F O O T I N G . EP O X Y G R O U T E D I N T O E X I S T I N G WA L L ( 6 " M I N . E M B E D ) & G R O U T N E W W A L L CO R E S S O L I D A T D O W E L S 2 5 ' - 0 " 2 0 ' - 0 " 1 2 ' - 8 1 / 2 " 25 ' - 0 " 6' - 1 0 " 3 ' - 0 " 1 6 ' - 0 " 6 ' - 0 " 2 5 ' - 0 " 2 0 ' - 0 " 1 2 ' - 8 1 / 2 " 31 ' - 1 0 " AD D I T I O N 1 A0 7 8' - 7 1 / 2 " 17 ' - 1 1 / 2 " 6' - 1 " 4" E X I S T I N G B R I C K L E D G E CO V E R W I T H D R I P C A P 2X 8 T R E A T E D JO I S T S @ 8 " O . C . 12 " D I A . C . I . P . C O N C . P I E R BE L L E D T O 2 4 " P I E R 48 " B E L O W G R O U N D W I T H SI M P S O N A B A Z 6 6 P O S T BA S E A T T A C H M E N T T O 6 x 6 PO S T w / ( 1 ) 1 / 2 " D I A . AN C H O R B O L T T Y P . 2X 8 T R E A T E D LE D G E R B D . FA S T E N E D W / L E D G E R L O K S @ 3 " S T A G G E R E D , M I N . AV A S T U D I O . H O U Z Z . C O M Sc a l e Pr o j e c t n u m b e r Da t e Dr a w n b y Ch e c k e d b y AV A S t u d i o Ph o n e : 6 1 2 5 3 2 8 1 5 9 Em a i l : p r o h o m e e x t e r i o r @ y a h o o . c o m GE N E R A L N O T E S : 1/ 4 " = 1 ' - 0 " 2/ 1 9 / 2 0 1 9 9 : 3 9 : 3 5 P M A0 3 Fo u n d a t i o n P l a n 35 9 3 35 9 3 C r y s t a l P l a c e Or o n o M N Al e x a n d e r B o c h a r n i k o v 1/ 4 " = 1 ' - 0 " 1 Cr a w l S p a c e AL L P L A N S A R E T O B E R E V I E W E D B Y T H E GE N E R A L C O N T R A C T O R A N D T H E M U N I C I P A L BU I L D I N G O F F I C I A L P R I O R T O C O N S T R U C T I O N . AV A S T U D I O L L C . I S N O T R E S P O N S I B L E FO R A N Y P R O B L E M A S A R E S U L T O F A N ER R O R O M I S S I O N O N T H E S E P L A N S . R E F . D W UP DN 31 ' - 1 0 " 4 ' - 7 1 / 2 " 0 ' - 4 1 / 2 " 1 3 ' - 1 1 " 2 5 ' - 0 " 1 9 ' - 8 " 1 2 ' - 8 1 / 2 " 31 ' - 1 0 " 8' - 1 1 1 / 2 " 16 ' - 5 1 / 2 " 6' - 5 " 3 ' - 0 " 1 6 ' - 0 " 6 ' - 0 " 25 ' - 0 " 6' - 1 0 " 1 A0 6 Ga r a g e 2 5 x 2 5 2 5 ' - 0 " FU R N A C E W. H . SL O P E 1 / 8 " P E R 1 2 " 4" C O N C . S L A B 5/ 8 " T Y P E -X GY P . B D . O N NO T E D W A L L S & C E I L I N G 1 6 ' x 8 ' O . H . D O O R 3 P L Y 1 8 " L V L H E A D E R 18 " E N G . W E B T R U S S E S @ 2 4 " O . C . FI R E R A T E D W A L L 5/ 8 " T Y P E X G Y P B D O V E R OS B S H E A T H I N G O U T S I D E AN D 5 / 8 " T Y P E X G Y P . B D SH E A T H I N G I N S I D E EA S T E L E V A T I O N O N L Y 3 2 " X 8 0 " 24 " X 4 8 " 24 " X 4 8 " (2 ) - 2X 1 0 H D R . (2 ) - 2X 1 0 H D R . 5' - 0 " 15 ' - 0 " 5' - 0 " Di n i n g Li v i n g R o o m RE M O V E S I D I N G I N S T A L L 5/ 8 " T Y P E X S H E A T H I N G 1 A0 7 Ki t c h e n 9' 0 " X 1 4 ' 0 " 8' 4 " C E I L I N G WO O D F L O O R 14 ' 6 " X 1 5 ' 4 " WO O D F L O O R 8' - 4" C E I L I N G B U I L D I N G A S F I R E P L A C E 4 ' - 5 " 6 ' - 8 1 / 2 " 6 ' - 0 " BE N C H 3 2 " X 8 0 " N E W D O O R 3 6 " X 8 0 " N E W D O O R 1 8 " E N G . W E B T R U S S E S @ 2 4 " O . C . 2 P L Y 1 8 " L V L ( F L U S H ) 28 " X 8 0 " CR A W L SP A C E AC C E S S ( 2 ) - 2 X 1 0 NE W W I N D O W I N E X I S T I N G O P E N I N G W C 2 4 " X 4 2 " 7 ' - 8 1 / 2 " 3 ' - 4 3 / 4 " 8 ' - 6 3 / 4 " 1 9 ' - 8 " FA N 3 6 " V A N . ( 2 ) - 2 X 1 0 (2 ) - 2X 1 0 3 6 " X 1 8 " ( 2 ) - 2 X 1 0 E Q E Q 24 " 12 " 3 0 " R A N G E 30 " 33 " 18 " 3 0 " S I N K 32 " X 8 0 " 6 0 " X 8 0 " 2 8 " X 8 0 " 2' - 1 0 " 6' - 5 3 / 4 " 10 ' - 0 1 / 4 " 5' - 8 " 3' - 6 " CO V E R E D PO R C H CE D A R T O N E DE C K I N G AL U M I N U M SO F F I T 2' - 3 " 4' - 2 " 2' - 0 " 6 ' - 0 " 9' - 3 3 / 4 " 3 ' - 7 " 1 1 ' - 1 1 / 4 " 5 7 ' - 4 1 / 2 " 6X 6 P O S T F R A M E D O U T TO 1 2 " X 1 2 " C O L U M N 48 " X 8 0 " (2 ) - 2X 1 0 (2 ) - 2X 1 0 SO L I D B L O C K I N G AT B E A R I N G P O I N T S TR E A T E D S T A I R F R A M I N G CE D A R T R E A D S A N D R I S E R S 10 " M I N . T R E A D 7 3 / 4 " M A X . R I S E R SD CMSD CM TR E A T E D S T A I R F R A M I N G CE D A R T R E A D S A N D R I S E R S 10 " M I N . T R E A D 7 3 / 4 " M A X . R I S E R TA L L W A L L 2 X 6 @ 1 2 " O . C . FI R E B L O C K I N G @ 1 0 ' T A L L W A L L 2 X 6 @ 1 2 " O . C . F I R E B L O C K I N G @ 1 0 ' 13 ' 0 " X 9 ' 8 " 8' 4 " C E I L I N G WO O D F L O O R Me c h R m . 9' - 3 3 / 4 " EX I S T I N G R O O F J O I S T S A B O V E AV A S T U D I O . H O U Z Z . C O M Sc a l e Pr o j e c t n u m b e r Da t e Dr a w n b y Ch e c k e d b y AV A S t u d i o Ph o n e : 6 1 2 5 3 2 8 1 5 9 Em a i l : p r o h o m e e x t e r i o r @ y a h o o . c o m GE N E R A L N O T E S : 1/ 4 " = 1 ' - 0 " 2/ 1 9 / 2 0 1 9 9 : 3 9 : 3 6 P M A0 4 Fi r s t F l o o r 35 9 3 35 9 3 C r y s t a l P l a c e Or o n o M N Al e x a n d e r B o c h a r n i k o v 1/ 4 " = 1 ' - 0 " 1 Fi r s t F l o o r AL L P L A N S A R E T O B E R E V I E W E D B Y T H E GE N E R A L C O N T R A C T O R A N D T H E M U N I C I P A L BU I L D I N G O F F I C I A L P R I O R T O C O N S T R U C T I O N . AV A S T U D I O L L C . I S N O T R E S P O N S I B L E FO R A N Y P R O B L E M A S A R E S U L T O F A N ER R O R O M I S S I O N O N T H E S E P L A N S . DN 1 A0 6 12 ' - 0 " 13 ' - 0 " 2 5 ' - 6 " 1 9 ' - 2 " 1 3 ' - 0 1 / 4 " 3 ' - 1 3 / 4 " 9 ' - 4 " 1 6 ' - 0 " 9 ' - 6 " 5 ' - 1 0 " 6 ' - 0 " 3' - 1 0 " 3' - 7 " 4' - 7 " 5' - 1 0 " 7' - 2 " 3 ' - 1 " 2 ' - 1 1 " 4 ' - 1 0 " 4 ' - 8 " Ma s t e r S u i t e Ba t h WI C 36 " X 7 2 " JE T T U B S H O W E R 7 2 " V A N I T Y W C FA N FA N C. T . F L O O R 8" V A U L T E D C E I L I N G 13 ' 3 " X 1 5 ' 3 " CA R P E T F L O O R CA R P E T F L O O R 4 ' - 1 0 " 4 ' - 6 " 25 ' - 0 " 2' - 0 " 2 ' - 0 " 2 ' - 0 " 2' - 0 " 3 0 " X 8 0 " 30 " X 8 0 " 28 " X 8 0 " PO C K E T 48 " X 4 8 " F I X E D TE M P E R E D (3 ) - 36 " X 6 0 " (2 ) - 2X 1 0 H D R . (2 ) - 2X 1 0 H D R . 2 4 " X 4 8 " 2 4 " X 4 8 " 1 0 ' - 0 " La u n d r y 2 4 " X 4 8 " 2 4 " X 4 8 " 2 4 " X 4 8 " EN G . R O O F T R U S S E S @ 2 4 " O . C . A B O V E ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . Be d r o o m 2 SD CMSD CM SD SD 1 A0 7 Ba t h 2 ' - 4 " 31 ' - 1 0 " 1 9 ' - 8 1 / 2 " 9' - 7 3 / 4 " 8' - 4 1 / 4 " 13 ' - 1 0 " 2' - 6 " 11 ' - 4 " 12 ' - 0 " 6' - 0 " 2' - 6 " 11 ' - 4 " 3 ' - 6 " 3 ' - 6 " Be d r o o m 3 Be d r o o m 4 FA N FA N 8' 1 1 / 8 " C E I L I N G 11 ' 3 " X 1 1 ' 5 " CA R P E T F L O O R 32 " X 6 0 " FI B E R G L A S S T U B & S U R R O U N D 28 " X 8 0 " VI N Y L F L O O R HA N D R A I L 22 " X 3 4 " AT T I C AC C E S S SD 30 " X 8 0 " VI N Y L F L O O R 30 " X 8 0 " W C W/ D (2 ) - 36 " X 6 0 " (2 ) - 2X 1 0 H D R . 4 8 " X 8 0 " SD CMSD CM 8' 1 1 / 8 " C E I L I N G 10 ' 7 " X 9 ' 2 " CA R P E T F L O O R 8' 1 1 / 8 " C E I L I N G 10 ' 7 " X 9 ' 2 " CA R P E T F L O O R 3' - 2 1 / 2 " 3' - 2 " 3' - 3 1 / 4 " 4' - 1 0 1 / 4 " 3' - 6 " 4' - 1 0 3 / 4 " 3' - 2 " 3' - 3 1 / 4 " (2 ) - 36 " X 6 0 " (2 ) - 2X 1 0 H D R . 24 " X 4 8 " (2 ) - 2X 1 0 H D R . 4 ' - 0 " 3 ' - 8 1 / 2 " 1 1 ' - 5 1 / 2 " 3 ' - 1 1 1 / 2 " 3 ' - 2 " 4 ' - 4 " ( 2 ) - 3 6 " X 6 0 " ( 2 ) - 2 X 1 0 H D R . SD SD 30 " X 8 0 " 3 2 " X 8 0 " 4 8 " X 8 0 " 6 0 " V A N I T Y 2 8 " X 8 0 " 2 8 " X 8 0 " 2 8 " X 8 0 " 4' - 3 1 / 4 " 8' - 8 3 / 4 " 5' - 1 1 1 / 4 " 6' - 0 3 / 4 " 6' - 0 " 6 ' - 4 1 / 4 " 6 ' - 4 1 / 4 " 9 ' - 1 0 1 / 4 " 9 ' - 1 0 1 / 4 " 42 " X 6 0 " 3' - 2 " 3' - 8 " 6' - 1 0 " 5 ' - 0 3 / 4 " 4 ' - 9 1 / 2 " 4 ' - 9 1 / 2 " 5 ' - 0 3 / 4 " 6 0 " X 1 8 " 6 0 " X 1 8 " ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . 4 4 ' - 8 " (2 ) - 2X 1 0 H D R . (2 ) - 2X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . E N G . R O O F T R U S S E S @ 2 4 " O . C . A B O V E AV A S T U D I O . H O U Z Z . C O M Sc a l e Pr o j e c t n u m b e r Da t e Dr a w n b y Ch e c k e d b y AV A S t u d i o Ph o n e : 6 1 2 5 3 2 8 1 5 9 Em a i l : p r o h o m e e x t e r i o r @ y a h o o . c o m GE N E R A L N O T E S : 1/ 4 " = 1 ' - 0 " 2/ 1 9 / 2 0 1 9 9 : 3 9 : 3 7 P M A0 5 Se c o n d F l o o r 35 9 3 35 9 3 C r y s t a l P l a c e Or o n o M N Al e x a n d e r B o c h a r n i k o v AL L P L A N S A R E T O B E R E V I E W E D B Y T H E GE N E R A L C O N T R A C T O R A N D T H E M U N I C I P A L BU I L D I N G O F F I C I A L P R I O R T O C O N S T R U C T I O N . AV A S T U D I O L L C . I S N O T R E S P O N S I B L E FO R A N Y P R O B L E M A S A R E S U L T O F A N ER R O R O M I S S I O N O N T H E S E P L A N S . Fi r s t F l o o r 0' - 0" T. O . F i r s t F l o o r 8' - 4" Fo u n d a t i o n -0' - 11 1 / 2 " Cr a w l S p a c e -4' - 3 1 / 2 " Ad d i t i o n F l o o r 9' - 10 3 / 4 " 1 ' - 6 3 / 4 " 9 ' - 3 1 / 2 " 8 ' - 1 1 / 8 " Ad d i t i o n R o o f 17 ' - 11 7 / 8 " 3 ' - 4 " 4 ' - 0 " 5/ 8 " T Y P E X G Y P . B D . R -30 F I B E R G L A S S B A T T I N S U L A T I O N 4 M I L . P O L Y V . B . 6 M I L . V A P O R B A R R I E R OV E R 4 " G R A N U L A R C O M P A C T E D F I L L 4" C O N C . G A R A G E F L O O R EN G . R O O F T R U S S E S @ 2 4 " O . C . 18 " E N G . W E B T R U S S E S @ 2 4 " O . C . 3' - 0 " 4 " / 1 ' - 0 " 4 " / 1 '-0 " RI D G E V E N T 1' - 0 " 1' - 0 " 3 ' - 8 " 5/ 8 " T Y P E X S O F F I T AN D F A S C I A UN D E R L A Y M E N T EA S T E L E V A T I O N ON L Y TU R T L E V E N T S EA S T E L E V A T I O N O N L Y 5/ 8 " T Y P E X EX T E R I O R G R A D E GY P . B D . O V E R WA L L S H E A T H I N G EA S T E L E V A T I O N ON L Y 0 ' - 8 " 3/ 4 " O S B S U B F L . R -49 B L O W I N I N S U L . 4 M I L . P O L Y . V . B . 5/ 8 " G Y P . B D . 2' - 0 " 2' - 0 " AV A S T U D I O . H O U Z Z . C O M Sc a l e Pr o j e c t n u m b e r Da t e Dr a w n b y Ch e c k e d b y AV A S t u d i o Ph o n e : 6 1 2 5 3 2 8 1 5 9 Em a i l : p r o h o m e e x t e r i o r @ y a h o o . c o m GE N E R A L N O T E S : 1/ 4 " = 1 ' - 0 " 2/ 1 9 / 2 0 1 9 9 : 3 9 : 3 8 P M A0 6 Ga r a g e a n d H o u s e Se c t i o n 35 9 3 35 9 3 C r y s t a l P l a c e Or o n o M N Al e x a n d e r B o c h a r n i k o v 1/ 4 " = 1 ' - 0 " 1 Se c t i o n 1 AL L P L A N S A R E T O B E R E V I E W E D B Y T H E GE N E R A L C O N T R A C T O R A N D T H E M U N I C I P A L BU I L D I N G O F F I C I A L P R I O R T O C O N S T R U C T I O N . AV A S T U D I O L L C . I S N O T R E S P O N S I B L E FO R A N Y P R O B L E M A S A R E S U L T O F A N ER R O R O M I S S I O N O N T H E S E P L A N S . RO O F : VE N T R O O F 1 / 3 0 0 T H . V A L L E Y S & AL L R O O F / W A L L I N T E R S E C T I O N S 30 Y R A R C H I T E C T U R A L A S P H A L T I C S H I N G L E S 15 # A S P H A L T F E L T IC E & W A T E R S H I E L D ( F I R S T 6 ' -0" AN D A L L V A L L E Y S A S P E R C O D E ) EN G . R O O F T R U S S E S @ 2 4 " O . C . 1/ 2 " P L Y W D . S H T G . W / C L I P S AI R C H U T E ( P R O V I D E U N O B S T R U C T E D A I R F L O W ) (R -49 ) B L O W I N I N S U L A T I O N 4 M I L . P O L Y V A P O R B A R R I E R 5/ 8 " G Y P . C E I L I N G B D . FA S C I A : 2X 6 S U B F A S C I A 6" A L U M I N U M F A S C I A AL U M I N U M V E N T E D S O F F I T WA L L : 1/ 2 " G Y P . B D . T Y P . 4 -MI L . P O L Y V A P O R B A R R I E R (R -20 ) F B G L S . B A T T I N S U L A T I O N 2X 6 S T U D S @ 1 6 " O . C . 7/ 1 6 " O S B S H E A T H I N G TY V A K E H O U S E W R A P SI D I N G P E R E L E V A T I O N 7/ 1 6 " O S B R I M S H E A T H I N G RI M B E T W E E N M A I N A N D U P P E R L E V E L S 2X 4 C O N T I N U O U S R I B B O N B D . (R -20 ) C L O S E D S E L L F O A M I N S U L . R I M DU R A S E A L O R S A M E Q L T Y . 20 " X 8 " C O N C . F T G . W / ( 2 ) # 4 R E B A R 50 0 0 P S I M I N C O M P R E S S I V E S T R E N G T H FO U N D A T I O N 1/ 2 " D I A M E T E R A . B . W / 7 " M I N . E M B E D D E D & 2 " SI D E X 1 / 8 " T H I C K S Q U A R E O R R O U N D CO U N T E R S I N K W A S H E R S @ 7 2 " A N D W I T H I N 1 2 " FR O M E A C H C O R N E R & W I N D O W W E L L 6X 8 X 1 6 " C M U B L O C K T O P C O U R S E 12 X 8 X 1 6 " C M U B L O C K 4 C O U R S E S BU T T O M O F F O O T I N G T O B E 4 2 " B E L O W G R O U N D MI N . AS P H A L T E M U L S I O N P A I N T W A T E R P R O O F I N G Fi r s t F l o o r 0' - 0" T. O . F i r s t F l o o r 8' - 4" T. O . S e c o n d F l o o r 16 ' - 4 1 / 4 " Cr a w l S p a c e -4' - 3 1 / 2 " Ad d i t i o n F l o o r 9' - 10 3 / 4 " Ad d i t i o n R o o f 17 ' - 11 7 / 8 " 0 ' - 7 7 / 1 6 " 0' - 1 0 " 1 0 ' - 0 " 8 ' - 1 1 / 8 " 1 ' - 6 3 / 4 " 8 ' - 4 " EX I S T I N G S U B F L O O R 3/ 4 S U B F L O O R EX I S T I N G F L O O R J O I S T S FI R S T F L O O R EX T E R I O R W A L L EX I S T I N G R -49 B L O W I N I N S U L . 4 M I L . P O L Y . V . B . 5/ 8 " G Y P . B D . ST A I R C A S E N O T E S : #1 T r e a d s m u s t b e a m i n i m u m of 1 0 ”an d r i s e r s m u s t b e a ma x i m u m o f 7 3 / 4 ” fo r re s i d e n t i a l s t a i r s . #2 H a n d r a i l m u s t b e 3 4 ” to 38 ” ab o v e n o s e o f t r e a d an d m u s t t e r m i n a t e a t wa l l o r n e w e l p o s t . #3 S p a c e b e t w e e n g u a r d s mu s t b e l e s s t h a n 4 ”. #4 G u a r d s m u s t b e a t l e a s t 3 4 ” hi g h wh e n m e a s u r e d v e r t i c a l l y f r o m no s e o f t r e a d a n d 3 6 ” hi g h o n op e n s i d e s o f l a n d i n g s o v e r 3 0 ” ab o v e f l o o r o r g r a d e b e l o w . #5 H a n d r a i l g r i p s i z e m u s t b e 1 ¼ ” mi n . t o 2 5 / 8 ” ma x . d i a m e t e r . #6 N o s i n g o n s t a i r t r e a d s mu s t n o t e x c e e d 1 1 / 4 ”, ra d i u s o n e d g e o f n o s i n g no t t o e x c e e d 9 / 1 6 ” 1/ 2 " G Y P . B D . 2X 8 @ 1 2 " O . C . MI N . R -20 CL O S E D S E L L F O A M I N S U L . R I M DU R A S E A L O R S A M E Q L T Y . SO L I D S O F F I T 5/ 8 " T Y P E X G Y P . B D . SH E A T H I N G E A S T E L E V A T I O N O N L Y SE C O N D F L O O R NE W W A L L 2X 6 @ 1 6 " O . C . 12 " E N E R G Y H I L L EX I S T I N G C R A W L S P A C E EX I S T I N G FO U N D A T I O N W A L L AV A S T U D I O . H O U Z Z . C O M Sc a l e Pr o j e c t n u m b e r Da t e Dr a w n b y Ch e c k e d b y AV A S t u d i o Ph o n e : 6 1 2 5 3 2 8 1 5 9 Em a i l : p r o h o m e e x t e r i o r @ y a h o o . c o m GE N E R A L N O T E S : 1/ 4 " = 1 ' - 0 " 2/ 1 9 / 2 0 1 9 9 : 3 9 : 3 9 P M A0 7 St a i r c a s e a n d Ho u s e S e c t i o n 35 9 3 35 9 3 C r y s t a l P l a c e Or o n o M N Al e x a n d e r B o c h a r n i k o v AL L P L A N S A R E T O B E R E V I E W E D B Y T H E GE N E R A L C O N T R A C T O R A N D T H E M U N I C I P A L BU I L D I N G O F F I C I A L P R I O R T O C O N S T R U C T I O N . AV A S T U D I O L L C . I S N O T R E S P O N S I B L E FO R A N Y P R O B L E M A S A R E S U L T O F A N ER R O R O M I S S I O N O N T H E S E P L A N S . 1/ 4 " = 1 ' - 0 " 1 Se c t i o n 2 Fi r s t F l o o r 0' - 0" Ad d i t i o n F l o o r 9' - 10 3 / 4 " Ad d i t i o n R o o f 17 ' - 11 7 / 8 " RI D G E V E N T 2X 6 H A N D F R A M E NE W R O O F A B O V E FR O N T E N T R Y AL U M I N U M S O F F I T AN D F A S C I A AS P H A L T S H I N G L E S 4" W I N D O W A N D D O O R T R I M T Y P . 6X 6 P O S T F R A M E D O U T TO 1 2 " X 1 2 " C O L U M N 2' - 0 " LP L A P S I D I N G 4 " / 1 '-0 " RE M O V E B R I C K I N S T A L L D R I P CA P O V E R C O N C . W A L L 1' - 0 " 1' - 0 " 4 " / 1 ' - 0 " LP L A P S I D I N G AL U M I N U M SO F F I T A N D FA S C I A 4" W I N D O W TR I M 10 " 6" D O O R T R I M AS P H A L T SH I N G L E S RI D G E V E N T 1' - 0 " 1' - 0 " 1' - 0 " 6 " / 1 ' - 0 " 6 " / 1 '-0 " AVASTUDIO.HOUZZ.COM ScaleProject number Date Drawn by Checked byAVA Studio Phone: 612 532 8159 Email: prohomeexterior@yahoo.com GENERAL NOTES:1/4" = 1'-0"2/19/2019 9:39:33 PM A01Frond and Right Elevations 35933593 Crystal Place Orono MN Alexander BocharnikovALL PLANS ARE TO BE REVIEWED BY THE GENERAL CONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLE FOR ANY PROBLEM AS A RESULT OF AN ERROR OMISSION ON THESE PLANS. 1/ 4 " = 1 ' - 0 " 1 Fr o n t E l e v a t i o n 1/ 4 " = 1 ' - 0 " 4 Ri g h t E l e v a t i o n 4 " / 1 ' - 0 " FI R E R A T E D W A L L 5/ 8 " T Y P E X G Y P B D O V E R OS B S H E A T H I N G O U T S I D E AN D 5 / 8 " T Y P E X G Y P . B D SH E A T H I N G I N S I D E EA S T E L E V A T I O N O N L Y RI D G E V E N T TU R T L E V E N T S LP L A P S I D I N G SO L I D S O F F I T 5/ 8 " T Y P E X S O F F I T UN D E R L A Y M E N T AS P H A L T S H I N G L E S 6 " / 1 ' - 0 " 6 " / 1 '-0 " 1' - 0 " 1' - 0 " 4 " / 1 ' - 0 " 4 " / 1 '-0 " T LP L A P S I D I N G AL U M I N U M SO F F I T A N D FA S C I A 1' - 0 " 1' - 0 " 1' - 0 " AVASTUDIO.HOUZZ.COM ScaleProject number Date Drawn by Checked byAVA Studio Phone: 612 532 8159 Email: prohomeexterior@yahoo.com GENERAL NOTES:1/4" = 1'-0"2/19/2019 9:39:34 PM A02Rear and Left Elevations 35933593 Crystal Place Orono MN Author Checker 1/ 4 " = 1 ' - 0 " 1 Le f t E l e v a t i o n 1/ 4 " = 1 ' - 0 " 2 Re a r E l e v a t i o n ALL PLANS ARE TO BE REVIEWED BY THE GENERAL CONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLE FOR ANY PROBLEM AS A RESULT OF AN ERROR OMISSION ON THESE PLANS. 1 A0 6 CO N C R E T E S L A B ( F I E L D V E R I F Y ) EX I S T I N G FL O O R JO I S T S E X I S T I N G F L O O R J O I S T S EX I S T I N G FL O O R JO I S T S E X I S T I N G F L O O R J O I S T S 1 T O P C O U R S E 6" X 8 " X 1 6 " C O N C . B L O C K 4 C O U R S E S 12 " X 8 " X 1 6 " C O N C . B L O C K FO U N D A T I O N W A L L 20 " X 8 " F O O T I N G NO T E : P R O V I D E ( 1 ) # 4 X 2 ' -0" L O N G D O W E L @ TO P C O U R S E A N D M I D D L E C O U R S E & (2 ) # 4 2 ' -0" L O N G D O W E L S @ S T R I P F O O T I N G . EP O X Y G R O U T E D I N T O E X I S T I N G WA L L ( 6 " M I N . 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D W UP DN 31 ' - 1 0 " 4 ' - 7 1 / 2 " 0 ' - 4 1 / 2 " 1 3 ' - 1 1 " 2 5 ' - 0 " 1 9 ' - 8 " 1 2 ' - 8 1 / 2 " 31 ' - 1 0 " 8' - 1 1 1 / 2 " 16 ' - 5 1 / 2 " 6' - 5 " 3 ' - 0 " 1 6 ' - 0 " 6 ' - 0 " 25 ' - 0 " 6' - 1 0 " 1 A0 6 Ga r a g e 2 5 x 2 5 2 5 ' - 0 " FU R N A C E W. H . SL O P E 1 / 8 " P E R 1 2 " 4" C O N C . S L A B 5/ 8 " T Y P E -X GY P . B D . O N NO T E D W A L L S & C E I L I N G 1 6 ' x 8 ' O . H . D O O R 3 P L Y 1 8 " L V L H E A D E R 18 " E N G . W E B T R U S S E S @ 2 4 " O . C . FI R E R A T E D W A L L 5/ 8 " T Y P E X G Y P B D O V E R OS B S H E A T H I N G O U T S I D E AN D 5 / 8 " T Y P E X G Y P . B D SH E A T H I N G I N S I D E EA S T E L E V A T I O N O N L Y 3 2 " X 8 0 " 24 " X 4 8 " 24 " X 4 8 " (2 ) - 2X 1 0 H D R . (2 ) - 2X 1 0 H D R . 5' - 0 " 15 ' - 0 " 5' - 0 " Di n i n g Li v i n g R o o m RE M O V E S I D I N G I N S T A L L 5/ 8 " T Y P E X S H E A T H I N G 1 A0 7 Ki t c h e n 9' 0 " X 1 4 ' 0 " 8' 4 " C E I L I N G WO O D F L O O R 14 ' 6 " X 1 5 ' 4 " WO O D F L O O R 8' - 4" C E I L I N G B U I L D I N G A S F I R E P L A C E 4 ' - 5 " 6 ' - 8 1 / 2 " 6 ' - 0 " BE N C H 3 2 " X 8 0 " N E W D O O R 3 6 " X 8 0 " N E W D O O R 1 8 " E N G . W E B T R U S S E S @ 2 4 " O . C . 2 P L Y 1 8 " L V L ( F L U S H ) 28 " X 8 0 " CR A W L SP A C E AC C E S S ( 2 ) - 2 X 1 0 NE W W I N D O W I N E X I S T I N G O P E N I N G W C 2 4 " X 4 2 " 7 ' - 8 1 / 2 " 3 ' - 4 3 / 4 " 8 ' - 6 3 / 4 " 1 9 ' - 8 " FA N 3 6 " V A N . ( 2 ) - 2 X 1 0 (2 ) - 2X 1 0 3 6 " X 1 8 " ( 2 ) - 2 X 1 0 E Q E Q 24 " 12 " 3 0 " R A N G E 30 " 33 " 18 " 3 0 " S I N K 32 " X 8 0 " 6 0 " X 8 0 " 2 8 " X 8 0 " 2' - 1 0 " 6' - 5 3 / 4 " 10 ' - 0 1 / 4 " 5' - 8 " 3' - 6 " CO V E R E D PO R C H CE D A R T O N E DE C K I N G AL U M I N U M SO F F I T 2' - 3 " 4' - 2 " 2' - 0 " 6 ' - 0 " 9' - 3 3 / 4 " 3 ' - 7 " 1 1 ' - 1 1 / 4 " 5 7 ' - 4 1 / 2 " 6X 6 P O S T F R A M E D O U T TO 1 2 " X 1 2 " C O L U M N 48 " X 8 0 " (2 ) - 2X 1 0 (2 ) - 2X 1 0 SO L I D B L O C K I N G AT B E A R I N G P O I N T S TR E A T E D S T A I R F R A M I N G CE D A R T R E A D S A N D R I S E R S 10 " M I N . T R E A D 7 3 / 4 " M A X . R I S E R SD CMSD CM TR E A T E D S T A I R F R A M I N G CE D A R T R E A D S A N D R I S E R S 10 " M I N . T R E A D 7 3 / 4 " M A X . R I S E R TA L L W A L L 2 X 6 @ 1 2 " O . C . FI R E B L O C K I N G @ 1 0 ' T A L L W A L L 2 X 6 @ 1 2 " O . C . 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T . F L O O R 8" V A U L T E D C E I L I N G 13 ' 3 " X 1 5 ' 3 " CA R P E T F L O O R CA R P E T F L O O R 4 ' - 1 0 " 4 ' - 6 " 25 ' - 0 " 2' - 0 " 2 ' - 0 " 2 ' - 0 " 2' - 0 " 3 0 " X 8 0 " 30 " X 8 0 " 28 " X 8 0 " PO C K E T 48 " X 4 8 " F I X E D TE M P E R E D (3 ) - 36 " X 6 0 " (2 ) - 2X 1 0 H D R . (2 ) - 2X 1 0 H D R . 2 4 " X 4 8 " 2 4 " X 4 8 " 1 0 ' - 0 " La u n d r y 2 4 " X 4 8 " 2 4 " X 4 8 " 2 4 " X 4 8 " EN G . R O O F T R U S S E S @ 2 4 " O . C . A B O V E ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . Be d r o o m 2 SD CMSD CM SD SD 1 A0 7 Ba t h 2 ' - 4 " 31 ' - 1 0 " 1 9 ' - 8 1 / 2 " 9' - 7 3 / 4 " 8' - 4 1 / 4 " 13 ' - 1 0 " 2' - 6 " 11 ' - 4 " 12 ' - 0 " 6' - 0 " 2' - 6 " 11 ' - 4 " 3 ' - 6 " 3 ' - 6 " Be d r o o m 3 Be d r o o m 4 FA N FA N 8' 1 1 / 8 " C E I L I N G 11 ' 3 " X 1 1 ' 5 " CA R P E T F L O O R 32 " X 6 0 " FI B E R G L A S S T U B & S U R R O U N D 28 " X 8 0 " VI N Y L F L O O R HA N D R A I L 22 " X 3 4 " AT T I C AC C E S S SD 30 " X 8 0 " VI N Y L F L O O R 30 " X 8 0 " W C W/ D (2 ) - 36 " X 6 0 " (2 ) - 2X 1 0 H D R . 4 8 " X 8 0 " SD CMSD CM 8' 1 1 / 8 " C E I L I N G 10 ' 7 " X 9 ' 2 " CA R P E T F L O O R 8' 1 1 / 8 " C E I L I N G 10 ' 7 " X 9 ' 2 " CA R P E T F L O O R 3' - 2 1 / 2 " 3' - 2 " 3' - 3 1 / 4 " 4' - 1 0 1 / 4 " 3' - 6 " 4' - 1 0 3 / 4 " 3' - 2 " 3' - 3 1 / 4 " (2 ) - 36 " X 6 0 " (2 ) - 2X 1 0 H D R . 24 " X 4 8 " (2 ) - 2X 1 0 H D R . 4 ' - 0 " 3 ' - 8 1 / 2 " 1 1 ' - 5 1 / 2 " 3 ' - 1 1 1 / 2 " 3 ' - 2 " 4 ' - 4 " ( 2 ) - 3 6 " X 6 0 " ( 2 ) - 2 X 1 0 H D R . SD SD 30 " X 8 0 " 3 2 " X 8 0 " 4 8 " X 8 0 " 6 0 " V A N I T Y 2 8 " X 8 0 " 2 8 " X 8 0 " 2 8 " X 8 0 " 4' - 3 1 / 4 " 8' - 8 3 / 4 " 5' - 1 1 1 / 4 " 6' - 0 3 / 4 " 6' - 0 " 6 ' - 4 1 / 4 " 6 ' - 4 1 / 4 " 9 ' - 1 0 1 / 4 " 9 ' - 1 0 1 / 4 " 42 " X 6 0 " 3' - 2 " 3' - 8 " 6' - 1 0 " 5 ' - 0 3 / 4 " 4 ' - 9 1 / 2 " 4 ' - 9 1 / 2 " 5 ' - 0 3 / 4 " 6 0 " X 1 8 " 6 0 " X 1 8 " ( 2 ) - 2 X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . 4 4 ' - 8 " (2 ) - 2X 1 0 H D R . (2 ) - 2X 1 0 H D R . ( 2 ) - 2 X 1 0 H D R . E N G . R O O F T R U S S E S @ 2 4 " O . C . A B O V E AVASTUDIO.HOUZZ.COM ScaleProject number Date Drawn by Checked byAVA Studio Phone: 612 532 8159 Email: prohomeexterior@yahoo.com GENERAL NOTES:1/4" = 1'-0"2/19/2019 9:39:37 PM A05Second Floor 35933593 Crystal Place Orono MN Alexander BocharnikovALL PLANS ARE TO BE REVIEWED BY THE GENERAL CONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. 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O V E R WA L L S H E A T H I N G EA S T E L E V A T I O N ON L Y 0 ' - 8 " 3/ 4 " O S B S U B F L . R -49 B L O W I N I N S U L . 4 M I L . P O L Y . V . B . 5/ 8 " G Y P . B D . 2' - 0 " 2' - 0 " AVASTUDIO.HOUZZ.COM ScaleProject number Date Drawn by Checked byAVA Studio Phone: 612 532 8159 Email: prohomeexterior@yahoo.com GENERAL NOTES:1/4" = 1'-0"2/19/2019 9:39:38 PM A06Garage and House Section 35933593 Crystal Place Orono MN Alexander Bocharnikov 1/ 4 " = 1 ' - 0 " 1 Se c t i o n 1 ALL PLANS ARE TO BE REVIEWED BY THE GENERAL CONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLE FOR ANY PROBLEM AS A RESULT OF AN ERROR OMISSION ON THESE PLANS. RO O F : VE N T R O O F 1 / 3 0 0 T H . V A L L E Y S & AL L R O O F / W A L L I N T E R S E C T I O N S 30 Y R A R C H I T E C T U R A L A S P H A L T I C S H I N G L E S 15 # A S P H A L T F E L T IC E & W A T E R S H I E L D ( F I R S T 6 ' -0" AN D A L L V A L L E Y S A S P E R C O D E ) EN G . R O O F T R U S S E S @ 2 4 " O . C . 1/ 2 " P L Y W D . S H T G . W / C L I P S AI R C H U T E ( P R O V I D E U N O B S T R U C T E D A I R F L O W ) (R -49 ) B L O W I N I N S U L A T I O N 4 M I L . P O L Y V A P O R B A R R I E R 5/ 8 " G Y P . C E I L I N G B D . FA S C I A : 2X 6 S U B F A S C I A 6" A L U M I N U M F A S C I A AL U M I N U M V E N T E D S O F F I T WA L L : 1/ 2 " G Y P . B D . T Y P . 4 -MI L . P O L Y V A P O R B A R R I E R (R -20 ) F B G L S . B A T T I N S U L A T I O N 2X 6 S T U D S @ 1 6 " O . C . 7/ 1 6 " O S B S H E A T H I N G TY V A K E H O U S E W R A P SI D I N G P E R E L E V A T I O N 7/ 1 6 " O S B R I M S H E A T H I N G RI M B E T W E E N M A I N A N D U P P E R L E V E L S 2X 4 C O N T I N U O U S R I B B O N B D . (R -20 ) C L O S E D S E L L F O A M I N S U L . R I M DU R A S E A L O R S A M E Q L T Y . 20 " X 8 " C O N C . F T G . W / ( 2 ) # 4 R E B A R 50 0 0 P S I M I N C O M P R E S S I V E S T R E N G T H FO U N D A T I O N 1/ 2 " D I A M E T E R A . B . W / 7 " M I N . E M B E D D E D & 2 " SI D E X 1 / 8 " T H I C K S Q U A R E O R R O U N D CO U N T E R S I N K W A S H E R S @ 7 2 " A N D W I T H I N 1 2 " FR O M E A C H C O R N E R & W I N D O W W E L L 6X 8 X 1 6 " C M U B L O C K T O P C O U R S E 12 X 8 X 1 6 " C M U B L O C K 4 C O U R S E S BU T T O M O F F O O T I N G T O B E 4 2 " B E L O W G R O U N D MI N . AS P H A L T E M U L S I O N P A I N T W A T E R P R O O F I N G Fi r s t F l o o r 0' - 0" T. O . F i r s t F l o o r 8' - 4" T. O . S e c o n d F l o o r 16 ' - 4 1 / 4 " Cr a w l S p a c e -4' - 3 1 / 2 " Ad d i t i o n F l o o r 9' - 10 3 / 4 " Ad d i t i o n R o o f 17 ' - 11 7 / 8 " 0 ' - 7 7 / 1 6 " 0' - 1 0 " 1 0 ' - 0 " 8 ' - 1 1 / 8 " 1 ' - 6 3 / 4 " 8 ' - 4 " EX I S T I N G S U B F L O O R 3/ 4 S U B F L O O R EX I S T I N G F L O O R J O I S T S FI R S T F L O O R EX T E R I O R W A L L EX I S T I N G R -49 B L O W I N I N S U L . 4 M I L . P O L Y . V . B . 5/ 8 " G Y P . B D . ST A I R C A S E N O T E S : #1 T r e a d s m u s t b e a m i n i m u m of 1 0 ”an d r i s e r s m u s t b e a ma x i m u m o f 7 3 / 4 ” fo r re s i d e n t i a l s t a i r s . #2 H a n d r a i l m u s t b e 3 4 ” to 38 ” ab o v e n o s e o f t r e a d an d m u s t t e r m i n a t e a t wa l l o r n e w e l p o s t . #3 S p a c e b e t w e e n g u a r d s mu s t b e l e s s t h a n 4 ”. #4 G u a r d s m u s t b e a t l e a s t 3 4 ” hi g h wh e n m e a s u r e d v e r t i c a l l y f r o m no s e o f t r e a d a n d 3 6 ” hi g h o n op e n s i d e s o f l a n d i n g s o v e r 3 0 ” ab o v e f l o o r o r g r a d e b e l o w . #5 H a n d r a i l g r i p s i z e m u s t b e 1 ¼ ” mi n . t o 2 5 / 8 ” ma x . d i a m e t e r . #6 N o s i n g o n s t a i r t r e a d s mu s t n o t e x c e e d 1 1 / 4 ”, ra d i u s o n e d g e o f n o s i n g no t t o e x c e e d 9 / 1 6 ” 1/ 2 " G Y P . B D . 2X 8 @ 1 2 " O . C . MI N . R -20 CL O S E D S E L L F O A M I N S U L . R I M DU R A S E A L O R S A M E Q L T Y . SO L I D S O F F I T 5/ 8 " T Y P E X G Y P . B D . SH E A T H I N G E A S T E L E V A T I O N O N L Y SE C O N D F L O O R NE W W A L L 2X 6 @ 1 6 " O . C . 12 " E N E R G Y H I L L EX I S T I N G C R A W L S P A C E EX I S T I N G FO U N D A T I O N W A L L AVASTUDIO.HOUZZ.COM ScaleProject number Date Drawn by Checked byAVA Studio Phone: 612 532 8159 Email: prohomeexterior@yahoo.com GENERAL NOTES:1/4" = 1'-0"2/19/2019 9:39:39 PM A07Staircase and House Section 35933593 Crystal Place Orono MN Alexander BocharnikovALL PLANS ARE TO BE REVIEWED BY THE GENERAL CONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTION.AVA STUDIO LLC. IS NOT RESPONSIBLE FOR ANY PROBLEM AS A RESULT OF AN ERROR OMISSION ON THESE PLANS. 1/ 4 " = 1 ' - 0 " 1 Se c t i o n 2 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 4. LA19-000020 VENIAMIN BOCHARNIKOV, 3593 CRYSTAL PLACE, VARIANCES, 7:31 P.M. – 7:37 P.M. Veniamin Bocharnikov, Applicant, was present. Curtis stated the applicant is requesting front and side yard setback variances and a driveway setback variance in order to construct additions to the existing home. The existing home has a partial second story and no garage. It is situated 3.4 feet from the east lot line. The property is nonconforming as to width, and per Section 78-350, may utilize a setback no less than 7.5 feet. The footprint expansions on the west side of the home will be conforming at eight feet where a 7.5-foot setback is required. The applicant proposes to construct a garage addition to the rear of the home as well as add living space above the new and existing portions of the home. Side setback variances are being requested to allow building expansions 3.4 feet from the east side lot line where a 7.5-foot setback is required for the majority of the additions. The additions will be conforming on the west side lot line. A front yard setback variance is also required to construct the covered entry over the stoop 23 feet from the front where a 30-foot setback is required. The proposed driveway is shown one foot from the west property line where a 5-foot setback is required. The existing gravel driveway will be reduced and moved west to accommodate access past the home and provide access to the side load garage addition in the rear. There is an existing privacy fence on the west lot line screening this driveway and its impacts from the adjacent neighbor. The existing home, at the nonconforming setback, can be legally rebuilt in kind. Staff finds the lot width and size and existing home setbacks are practical difficulties preventing an upward expansion of the home or a logical addition to the home. The flexibility afforded by the Zoning Code from the side and front yard setbacks do not eliminate the need for variances for this project. No public comments have been received. Planning Staff recommends approval of the front yard and side yard setback variances for the addition. The applicant should assure the roof does not drain to the east and the new driveway does not drain to the west onto the neighbor’s property. In addition, the driveway should be adjusted at the street so to accommodate the City Engineer’s recommendations. Curtis displayed an aerial photograph of the property and pointed out the location of the addition. The Planning Commission had no questions for Staff. Veniamin Bocharnikov, Applicant, stated he can answer any questions. Chair Thiesse opened the public hearing at 7:35 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:35 p.m. Erickson indicated he is supportive of Staff’s recommendation. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Libby stated as long as the City Engineer’s recommendations are followed, he would be in favor of it. Ressler stated he would be in favor of it since it appears to be in conformance with the neighborhood. Gettman stated he also supports Staff’s recommendations. McCutcheon commented the applicant needs a garage in Minnesota and that he would support the request. Libby moved, Gettman seconded, to recommend approval of Application No. LA19-000020, Veniamin Bocharnikov, 3593 Crystal Place, granting of variances. VOTE: Ayes 7, Nays 0. Date Application Received: 03/06/19 Date Application Considered as Complete: 03/06/19 60-Day Review Period Expires: 05/05/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 15 April 2019 Subject: #LA19-000020, Veniamin “Ben” Bocharnikov, 3593 Crystal Place, Variances Public Hearing Background The existing home has a partial second story and no garage, and is situated 3.4 feet from the east lot line. The homeowner proposes to construct a garage addition to the rear of the home as well as add living space above the new and existing portions of the home. Side setback variances to allow building expansions 3.4 feet from the east side lot line where a 7.5 foot setback is required for the majority of the additions; the additions will be conforming on the west side lot line. A front yard setback variance is required to construct the covered entry over the stoop 23 feet from the front where a 30 foot setback is required. The proposed driveway is shown 1 foot from the west property line, where a 5 foot setback is required. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1405(5) - Setbacks: LR-1C Required Existing Proposed Front House 30’ House 17.6’ House No Change Addition 23’ Rear House 30’ House 85’ Garage Addition 75’ East Side House 7.5’ House 3.4’ House No Change Additions 3.4’ West Side House 7.5’ Driveway 5’ House 14.3’ Driveway ±2’ House 8’ Garage Addition 21.3’ Driveway ±1’ Section 78- 350 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 7,571 s.f. (0.17 acre) 49.8’ Application Summary: The applicant is requesting front and side yard setback variances, and a driveway setback variance in order to construct additions to the existing home. Staff Recommendation: Planning Department Staff recommends approval. FILE # LA19-000020 15 April 2019 Page 2 of 5 Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 7,571 s.f. (0.17 acre) Allowed: 2,000 s.f. [Sec. 78-1403(a)2] Existing: 1,117 s.f. Proposed: 1,483 s.f. Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 3 7,571 s.f. 2,649 s.f. (35 %) 2,399 s.f. (31.7%) 2,535 s.f. (33.5%) Applicable Regulations: Side Yard Setback Variance (Section 78-350) The existing home on the property is situated 3.4 feet from the east side lot line. There is no garage on the property. The applicant is proposing to maintain the 3.4 foot setback for the garage addition as well as the additions over the existing home to facilitate additional square footage. The property is nonconforming as to width, and per 78-350, may utilize a setback no less than 7.5 feet. The footprint expansions on the west side of the home will be conforming at 8 feet where a 7.5 foot setback is required. Front Yard Setback Variance (Section 78-350) Though the lot is nonconforming as to area, and therefore eligible for the front yard setback reduction exception found in Section 78-350 (b)(3) that is based on the surrounding setbacks, the neighboring front yards are 30 and 33 feet. The 2nd story additions will primarily conform to the 30 foot front setback; the proposed covered entry porch at 23 feet will not encroach nearer to the street than the existing footprint but will be a new setback encroachment requiring a variance. Driveway Setback Variance (Section 78-1405) The existing gravel driveway will be reduced and moved west to accommodate access past the home and provide access to the side load garage addition in the rear. There is an existing privacy fence on the west lot line screening this driveway and its’ impacts from the adjacent neighbor. Please see the City Engineer’s comments attached as Exhibit H regarding the driveway and maneuverability. 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 FILE # LA19-000020 15 April 2019 Page 3 of 5 also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its small size and width. The applicants request to maintain the substandard setback on the east side may be reasonable considering the 34 foot setback of the eastern neighbor’s home from the subject property resulting in a 37.4-foot separation between the two homes (existing and proposed). 2. The variance is consistent with the comprehensive plan. The proposed variances to expand the home on a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the request to permit construction of the additions to the home on the substandard lot, in the proposed location within the front and side yard setbacks, appears to be somewhat reasonable as the property’s reduced size and width create difficulties. The hardcover level, building coverage, and encroachments proposed within the required yards in addition to the driveway setback appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; the uniquely small size and width, and required setbacks prevent a reasonable residential footprint. and c. The variance will not alter the essential character of the locality. The proposed footprint is smaller than the permitted 2,000 square feet. The other properties in the neighborhood have similar setback challenges, the subject property will not be out of character with the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. FILE # LA19-000020 15 April 2019 Page 4 of 5 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and width, create difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and width, create difficulties which also apply to many but not all of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting front and side yard setback variances and the driveway setback variance is necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested driveway setback, side yard, and front yard setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances for setback are necessary, and do not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. 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 The existing home, at the nonconforming setback, can legally be rebuilt in kind. Staff finds the lot width and size, and existing home setbacks are practical difficulties preventing an upward expansion of the home or a logical additions to the home. The flexibility afforded by the Zoning code from the side and front yard setbacks do not eliminate the need for variances for this project. Engineer Comments The City’s Engineer provided comments, attached as Exhibit H. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? FILE # LA19-000020 15 April 2019 Page 5 of 5 Planning Staff Recommendation Planning Staff recommends approval of the front yard and side yard setback variances for the addition. The applicant should assure the roof does not drain to the east, and the new driveway does not drain to the west on to the neighbor’s property. Additionally the driveway should be adjusted at the street so to accommodate the City Engineer’s recommendations. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey & HC Calcs Exhibit D. Staff Annotated Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Site Photos Exhibit G. Aerial Photos Exhibit H. City Engineer Memo Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR 1. Purpose. This application is regarding a rear yard setback variance for an addition. 2. MN§15.99 Application Deadline. The application was received on March 6, 2019 and considered to be complete on March 15th. Therefore the 60-Day review period expires on May 14th. 3. Background/ Summary. The applicant is requesting a variance from the rear (street) yard setback to construct a small addition to the existing home 22.3 feet from the North Shore Drive property line where a 30-foot setback is required, on the west side of the home. 4. Planning Commission Vote and Comment. On April 15th the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7 to 0 in favor of a motion to approve the requested variance. The Commission discussed the need for an encroachment agreement for the walls on City property to the west. 5. Public Comment. Comments from the public were received on this request and are included as Exhibit D. 6. Staff Recommendation. Staff recommends approval. An encroachment agreement was recorded in 2007 addressing the retaining walls over the property line. No new agreement is necessary. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Note, if the Council votes to table the application the 60-day review deadline should be formally extended until July 13, 2019. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits 04/15/19 Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. City Engineer Memo Exhibit G. Neighbor Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map Item No.: 17 Date: May 13, 2019 Item Description: LA19-000021 – Ben and Katrina Wasscher, 4775 North Shore Drive, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. LA19 -000021 WHEREAS, on March 15, 2019, Ben and Katrina Wasscher (hereinafter the “Applicants”), applied for a variance from the City Code for the property addressed 4775 North Shore Drive and legally described as: Lots 8 and 9 and 1.2 of Lot 7 adjacent to Lot 8, Block 6, Bergquist & Wicklund’s Park, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow an addition to the home 22.3 feet from the rear lot line where a 30 foot setback is required; and WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on May 13, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000021. 2. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 3. The Property is located in the LR-1B One Family Lakeshore Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 4. The Property contains 0.44 acres in area and has a defined lot width of 107 feet at the ordinary high water lever and 129 feet at the 75-foot setback. 5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 6. Applicant has applied for the following variance: a. Rear Yard (Street) Setback Variance 7. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and 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. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The rear yard setback variance is consistent with the general intent of the Ordinance. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance for an addition to a residence in a residential zone is consistent with the Comprehensive Plan. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of an addition within the rear yard setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the mature vegetation and topography separate the Property from the County road. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub-standard setback and size of the Property were not the result of actions by the landowner. The home is set within the rear yard setback as a result of the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 topography, the bluff setback, and vehicle access resulting in the substandard rear yard setback of the home c. The variance, if granted, will not alter the essential character of the locality.” The rear yard setback variance will not alter the character of the neighborhood. The home is situated at a lower elevation than the road; it does not appear that the requested setback variance to permit the addition will be visible from North Shore Drive, impact drainage, or adversely impact the adjacent property owners. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as the residential home is an allowed use in the LR-1B District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The nonconforming lot area and substandard lot width of the Property is not uncommon in the surrounding neighborhood, nor is the bluff topography. The setback into the required rear yard is not out of character with the immediate neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The majority of the homes along this shoreline are set back closer to North Shore Drive based on the topography and are generally in line with each other. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting the rear yard setback variance is necessary for the preservation of the property right of the Applicant. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 requested rear yard setback variance in this unique situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The depth of the Property, the topography, and location of the existing home create practical difficulties affecting the Property; the variance is necessary and does not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow an addition to the home 22.3 feet from the rear lot line where a 30 foot setback is required, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 03/11/19 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (May 13, 2020). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of May, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor ! ! " # $% & ' % ' ( ) * + " ! + , ' - ' % . / " % - 0 / % 0 - / " % 0 ! $ / " % - 0 / ! % - & ! ! * 4 5 ! 6 7 8 8 6 9 : 5 9 & * ! " " # $ $ % $ $ $ & # # ' ! % $ $ ( ) $ * ( + ( ) % ( , ( * $ $ - % $ $ * % $ . ( ($ $ ( & $ ( ( ( $ $ ( % ( ) . % , / / ! # $ . ) $ & $ & # # ! $ 0 # 1 ! " # 1 " 2 , $ ) , . ( 3 $ $ $ ( ( 3 % & . ( $ , . $ $ * ( $ . $ $ , 1 2 21 - 1 / 0 1 3 "/ - ! ! " ! ! " # ! - 0 / 4 ' % "/ - / - ( $ & & - / 4 ! - - / 4 ! - - / 4 , ' - ' % . ( ! $ ! % - ' % $ %! 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N E W H O M E P L A N S F O R : T H E W A S S C H E R R E S I D E N C E 4 7 7 5 N O R T H S H O R E D R I V E O R O N O , M N 5 5 3 6 4 P H O N E :7 6 3 -2 1 8 -9 0 0 7 P H O N E : 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC002988 3 4 3 5 C O U N T Y R O A D 1 0 1 , M I N N E T O N K A , M N 5 5 3 4 3 P H O N E : 9 5 2 -4 7 5 -2 0 9 7 © BOYER BUILDING CORPORATION. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED. S B 2 4 2 1 S B 2 4 2 1 4 D B 1 6 2 1 S B 2 4 2 1 S B 2 4 2 1 4 D B 1 6 2 1 5042DC E x i s t i n g w i n d o w t o r e m i a n 2 6 6 8 Existing window to remian 2 7 6 8 2668 7042TC 4016AW 2668 SB / L SB / L S B / L S B / L S B / L 1 1 ' - 6 " 8 ' 11'-9" 6 ' - 1 1 5 / 8 " 11'-6" 5 '-1 1 /8 " 4 '-9 " 1 0 ' 1 1 5° MASTER BEDROOM BEDROOM #1 CLOSET - WALK IN MASTER BATH BLUFF SET BACK LOT SET BACK LOT SET BACK EXISTING HOUSE CONTINUES NO CHANGES TO REST OF HOUSE 1st Floor SHEET #: SCALE: DATE: P A G E T I T L E : 3/12/2019 1/4" = 1'0" 3 A r c h i t e c t u r a l P l a n , F l o o r 1 DRAWN BY: NICK M. N E W H O M E P L A N S F O R : T H E W A S S C H E R R E S I D E N C E 4 7 7 5 N O R T H S H O R E D R I V E O R O N O , M N 5 5 3 6 4 P H O N E :7 6 3 -2 1 8 -9 0 0 7 P H O N E : 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC002988 3 4 3 5 C O U N T Y R O A D 1 0 1 , M I N N E T O N K A , M N 5 5 3 4 3 P H O N E : 9 5 2 -4 7 5 -2 0 9 7 © BOYER BUILDING CORPORATION. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED. Existing window to remian 7042TC 3 : 12 2616SC Existing window to remian 7042TC 2616SC2616SC Existing window to remian Existing window to remian 7042TC 3 : 12 2616SC Existing window to remian 7042TC 2616SC2616SC Existing window to remian REAR ELEVATION SHEET #: SCALE: DATE: P A G E T I T L E : 3/12/2019 1/4" = 1'0" 4 E x t e r i o r E l e v a t i o n s DRAWN BY: NICK M. N E W H O M E P L A N S F O R : T H E W A S S C H E R R E S I D E N C E 4 7 7 5 N O R T H S H O R E D R I V E O R O N O , M N 5 5 3 6 4 P H O N E :7 6 3 -2 1 8 -9 0 0 7 P H O N E : 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC002988 3 4 3 5 C O U N T Y R O A D 1 0 1 , M I N N E T O N K A , M N 5 5 3 4 3 P H O N E : 9 5 2 -4 7 5 -2 0 9 7 © BOYER BUILDING CORPORATION. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED. 3 : 123 : 123 : 12 Existing window to remian 3 : 12 Existing window to remian 3 : 123 : 123 : 12 Existing window to remian 3 : 12 Existing window to remian LEFT ELEVATION SHEET #: SCALE: DATE: P A G E T I T L E : 3/12/2019 1/4" = 1'0" 5 E x t e r i o r E l e v a t i o n s DRAWN BY: NICK M. N E W H O M E P L A N S F O R : T H E W A S S C H E R R E S I D E N C E 4 7 7 5 N O R T H S H O R E D R I V E O R O N O , M N 5 5 3 6 4 P H O N E :7 6 3 -2 1 8 -9 0 0 7 P H O N E : 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC002988 3 4 3 5 C O U N T Y R O A D 1 0 1 , M I N N E T O N K A , M N 5 5 3 4 3 P H O N E : 9 5 2 -4 7 5 -2 0 9 7 © BOYER BUILDING CORPORATION. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED. 5042DC 4016AW 3 : 12 5042DC 4016AW 5042DC 4016AW 3 : 12 5042DC 4016AW FRONT ELEVATION SHEET #: SCALE: DATE: P A G E T I T L E : 3/12/2019 1/4' = 1'0" 6 E x t e r i o r E l e v a t i o n s DRAWN BY: NICK M. N E W H O M E P L A N S F O R : T H E W A S S C H E R R E S I D E N C E 4 7 7 5 N O R T H S H O R E D R I V E O R O N O , M N 5 5 3 6 4 P H O N E :7 6 3 -2 1 8 -9 0 0 7 P H O N E : 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC002988 3 4 3 5 C O U N T Y R O A D 1 0 1 , M I N N E T O N K A , M N 5 5 3 4 3 P H O N E : 9 5 2 -4 7 5 -2 0 9 7 © BOYER BUILDING CORPORATION. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED. 2 : 1 2 3 : 12 3 : 1 2 3 : 1 2 10'-9" 2 4 '-5 " SHEET #: SCALE: DATE: P A G E T I T L E : 3/12/2019 1/4" = 1'0" 7 R o o f L a y o u t P l a n DRAWN BY: NICK M. N E W H O M E P L A N S F O R : T H E W A S S C H E R R E S I D E N C E 4 7 7 5 N O R T H S H O R E D R I V E O R O N O , M N 5 5 3 6 4 P H O N E :7 6 3 -2 1 8 -9 0 0 7 P H O N E : 3D VIEWS ARE NOT TO SCALE AND MAY NOT REFLECT EXACTLY WHAT IS AVAILABLE FOR THE PROJECT. RENDER VIEWS ARE REPRESENTATIONS OF WHAT THE VIEW COULD LOOK LIKE, NOT WHAT IT WILL LOOK LIKE. 2D VIEWS ALWAYS SUPERCEDE 3D VIEWS LICENSE NUMBER: BC002988 3 4 3 5 C O U N T Y R O A D 1 0 1 , M I N N E T O N K A , M N 5 5 3 4 3 P H O N E : 9 5 2 -4 7 5 -2 0 9 7 © BOYER BUILDING CORPORATION. ALL RIGHTS RESERVED, DUPLICATION AND DISTRIBUTION OF THIS PLAN WITHOUT WRITTEN PERMISSION IS PROHIBITED. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 5. LA19-000021 BEN AND KATRINA WASSCHER, 4775 NORTH SHORE DRIVE, VARIANCES, 7:37 P.M. – 7:42 P.M. Ben Wasscher, Applicant, was present. Curtis stated the applicant is requesting a rear (street) yard setback variance to construct a 269 square foot addition to the existing home 22.3 feet from the North Shore Drive west property line where a 30-foot setback is required. Due to the extreme topography and bluff on the lake side of the property, the home is located nearer to the rear street lot line than is permitted. The addition conforms to all codes except for the rear yard setback. At 22.3, the applicant is attempting to keep the rear yard encroachment less than the existing home, which is set back 21.3 feet. Staff finds practical difficulties supporting the variance for the addition based on the topography of the lot and the location of the existing home. The neighbors on either side have submitted comments in support of the proposal. Planning Staff recommends approval. The applicant should be required to demonstrate the relocation of the AC pad will be in a conforming location. Staff recommends the City require an encroachment agreement to address the applicant’s existing retaining walls which encroach on to the adjacent City property to the west. A draft agreement can be provided for City Council review. The Planning Commission had no questions for Staff. Ben Wasscher, Applicant, stated he can answer any questions. Chair Thiesse opened the public hearing at 7:40 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:40 p.m. Thiesse asked if an easement is required for the city property. Curtis stated an encroachment agreement would need to be executed. Bollis indicated he is in favor of the application subject to Staff recommendations. McCutcheon stated the addition is pretty conservative and that he is in favor of it. Erickson stated he is support of Staff recommendations, Libby stated he concurs. Ressler commented the application is pretty straight forward. Gettman stated he is in agreement with Staff recommendations. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Ressler moved, Bollis seconded, to recommend approval of Application No. LA19-000021, Ben and Katrina Wasscher, 4775 North Shore Drive, granting of variances. VOTE: Ayes 7, Nays 0. Katrina Wasscher <kwasscher@gmail.com> Re: 4775 N Shore Dr project 1 message Nam Pham <namphamwecaredental@gmail.com>Thu, Mar 14, 2019 at 9:18 AM To: Katrina Wasscher <kwasscher@gmail.com> Hi Katrina, Thanks for letting me know. I don’t have any concern or questions. Good luck with the project as I’m sure it will be wonderful. Best regards, Nam Pham 952-239-5072 On Thu, Mar 14, 2019 at 7:59 AM Katrina Wasscher <kwasscher@gmail.com> wrote: Hi Nam, This is Katrina, your neighbor on North Shore Drive. I got your email from Paul, the tenant at 4755 N Shore. This summer, we plan a add a small addition (+/-250 square feet in total) to the far side of our house to add a bathroom. It won't be visible to your property. The city (and common courtesy) dictates that we notify you so that you can comment. I'm happy to answer any questions you may have. I'd be grateful if you'd reply to acknowledge receipt of this email. Many thanks, Katrina 763.218.9007 -- Best Regards, Nam Pham Date Application Received: 03/15/19 Date Application Considered as Complete: 03/15/19 60-Day Review Period Expires: 05/14/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 15 April 2019 Subject: #LA19-000021, Ben and Katrina Wasscher, 4775 North Shore Drive, Variances Public Hearing Background The applicant is requesting a variance from the rear (street) yard setback to construct a small addition to the existing home 22.3 feet from the North Shore Drive property line where a 30- foot setback is required, on the west side of the home. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 - Setbacks: LR-1B Required Existing Proposed Rear/Street 30’ 21.3’ Addition 22.3’ East Side 10’ 42’ No Change West Side 10’ 18.3’ Addition 10’ Lakeshore 75’ House 98’ Deck 86’ Addition 105’ Average Lakeshore The addition will conform to the average lakeshore setback. Section 78- 330 - Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 19,250 s.f. (0.44 acre) ±129’@ 75’ / ±107’ @ OHWL Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 19,250 s.f. (0.44 acre) Allowed: 3,850 s.f. (20%) Existing: 1,765 s.f. (9%) Proposed: 1,986 s.f. (10.3%) Application Summary: The applicant is requesting a rear (street) yard setback variance to permit an addition to the existing home. Staff Recommendation: Planning Department Staff recommends approval contingent upon an encroachment agreement, see page 4. FILE # LA19-000021 15 April 2019 Page 2 of 4 Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 19,250 s.f. 4,812 s.f. (25 %) 4,358 s.f.* (22.6%) 113 s.f. w/in 75’ 4,627 s.f.* (24%) 113 s.f. w/in 75’ *Staff adjusted the submitted HC totals based on “exclusion” of retaining walls per code. Applicable Regulations: Rear Yard Setback Variance (Section 78-330) Due to the extreme topography and bluff on the lake side of the property, the home is located nearer to the rear street lot line than is permitted. The applicants are proposing a small 269 square foot addition which conforms to all codes except for the rear (street) yard setback requirement of 30 feet. At 22.3 feet the applicant is attempting to keep the rear yard encroachment less than the existing home which is set back 21.3 feet. 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 rear yard setback variance is consistent with the general intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The variance for an addition to a residence in a residential zone is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of an addition within the rear yard setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the mature vegetation and topography separate the subject property from the County road. b. There are circumstances unique to the property not created by the landowner; The sub-standard setback and size of the Property was not the result of actions by the landowner. The home is set within the rear yard setback as a result of FILE # LA19-000021 15 April 2019 Page 3 of 4 the topography, the bluff setback, and vehicle access resulting in the substandard rear yard setback of the home; and c. The variance will not alter the essential character of the locality. The rear yard setback variance will not alter the character of the neighborhood. The home is situated at a lower elevation than the road; it does not appear that the requested setback variance to permit the addition will be visible from North Shore Drive, impact drainage, or adversely impact the adjacent property owners. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the residential home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The nonconforming lot area and substandard lot width of the property is not uncommon in the surrounding neighborhood, nor is the bluff topography. The setback into the required rear yard is not out of character with the immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The majority of the homes along this shoreline are set back closer to North Shore Drive based on the topography and are generally in line with each other. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the rear yard setback variance is necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested rear yard setback variance in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The depth of the Property, the topography, and location of the existing home create practical difficulties affecting the Property; the variance is necessary and does not merely serve as a convenience to the owners. 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 FILE # LA19-000021 15 April 2019 Page 4 of 4 Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties supporting the variance for the addition based on the topography of the lot and the location of the existing home. Engineer Comments The City Engineer’s comments are attached as Exhibit F. Public Comments The neighbors on either side have submitted comments regarding the proposal which are attached as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. The applicant should be required to demonstrate the relocation of the AC pad will be in a conforming location. Staff recommends the City require an encroachment agreement to address the applicant’s existing retaining walls which encroach on to the adjacent City property to the west. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. City Engineer Memo Exhibit G. Neighbor Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding an interim use permit (IUP) to export material from the property in excess of 500 cubic yards. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on March 20, 2019. Therefore the 60-Day review period expires on May19th. 3. Background/ Summary. The applicant is requesting approval of an IUP to allow the export of approximately 1,300 cubic yards of material from the property in conjunction with construction of a new residence. 4. Planning Commission Vote and Comment. On April 15th the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7 to 0 in favor of a motion to approve the requested IUP. 5. Public Comment. No comments from the public were received on this request. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Note, if the Council votes to table the application the 60-day review deadline should be formally extended until July 18, 2019. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 04/15/19 Exhibit A. Narrative & Haul Route Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. City Engineer Memo Exhibit D. Property Owners List Exhibit E. Plat Map Item No.: 18 Date: May 13, 2019 Item Description: LA19-000023 – Nor-Son Custom Builders o/b/o Charles & Jill Miller, 1600 Bohns Point Road – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 FILE NO. LA19-000023 WHEREAS, on March 20, 2019, on behalf of the property owners Charles Miller and Jill Miller, Nor-Son Custom Builders (hereinafter the “Applicant”), applied for an Interim Use Permit (hereinafter the “IUP”); the property addressed 1600 Bohns Point Road and legally described as: Lot 1, Auditor’s Subdivision No. 349, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the export of approximately 1,300 cubic yards of material from the Property to facilitate the construction of a new residence on the property; and WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the IUP for the Property; and WHEREAS, on May 13, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested IUP and CUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000023. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 1.25 acres in area and has a defined lot width of 177 feet at the ordinary high water level line and 200 feet at the 75 foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Interim Use Permit allowing the export of approximately 1,300 cubic yards of material. 6. In considering this application, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed plan 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. INTERIM USE PERMIT ANALYSIS: On the basis of the application and the evidence submitted, the City Council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78- 916 of the Zoning Code. 2) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1B zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the Property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 1,300 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public; the home builder, builder’s subcontractors, and Owner will be responsible for keeping debris off of the roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the Property. An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented herein as required. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the export of approximately 1,300 cubic yards of material from the Property to facilitate the construction of a new residence on the Property; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey and grading plan dated 03/18/19 by Gronberg & Associates submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of May, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 7. LA19-000023 NOR-SON CUSTOM BUILDERS ON BEHALF OF CHARLES AND JILL MILLER, 1600 BOHNS POINT ROAD, INTERIM USE PERMIT, 7:56 P.M. – 8:00 P.M. Brody Schmid, Nor-Son Custom Builders, was present. Curtis stated a new home is proposed on Bohns Point Road and the applicant is requesting an Interim Use Permit to export approximately 1,300 cubic yards of material. The destination will not be within the City. The proposed home will not be out of character with the neighborhood. Staff finds the proposed plan conforms to the standards of the IUP review and the grading activity will be tied to the building permit for the new residence. No public comments have been received. Staff recommends approval of the IUP in accordance with the City Engineer’s requirements associated with the overall building permit. The Planning Commission had no questions for Staff. Brody Schmid, Nor-Son Custom Builders, stated he is here to answer any questions. Thiesse asked if they will be losing a few substantial maple trees. Schmid indicated that is correct. Chair Thiesse opened the public hearing at 7:58 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:58 p.m. McCutcheon, Bollis, Erickson, and Libby stated they are in agreement with Staff recommendations. Ressler stated he has no concerns with the application. Gettman indicated he also does not have any concerns. Ressler moved, Erickson seconded, to recommend approval of Application No. LA19-000023, Nor- Son Custom Builders on Behalf of Charles and Jill Miller, 1600 Bohns Point Road, granting of an Interim Use Permit. VOTE: Ayes 7, Nays 0. Date Application Received: 03/20/19 Date Application Considered as Complete: 03/20/19 60-Day Review Period Expires: 05/19/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 15 April 2019 Subject: #LA19-000023, Nor-Son Custom Builders o/b/o Charles & Jill Miller, 1600 Bohns Point Road, IUP – Export 500+ cubic yards of material Public Hearing Background A new home is proposed at 1600 Bohns Point Road. The project will involve the export of approximately 1,300 cubic yards of material from the site; an interim use permit (IUP) is required. Section 78- 330 - Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 54,802 s.f. (1.25 acre) 200’ @ 75’ / 177’ @ OHWL Applicable Regulations: Interim Use Permit (Code Section 78-1726(a)(6)) The construction of the new home will result in 1,300 cubic yards of unneeded material. The applicant proposes to export this from the site; the destination will not be within the City. The proposed home will not be out of character with the neighborhood. Applicable Regulation: Interim Use Permit (Section 78-1726) The Planning Commission may recommend and the Council may grant an Interim Use Permit (IUP). On the basis of the application and the evidence submitted, the city council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. Application Summary: The applicant is requesting an interim use permit to export approximately 1,300 cubic yards of material in conjunction with construction of a new residence. Staff Recommendation: Planning Department Staff recommends approval with conditions. FILE # LA19-000023 15 April 2019 Page 2 of 3 2) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1B zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 1,300 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public; the builder and owner will be responsible for keeping debris off of the roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property. An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented as required. Interim Use Permit Analysis Staff finds the proposed plan conforms to the standards of IUP review, the grading activity will be tied to the building permit for the new residence. Engineer Comments City Engineer comments are attached as Exhibit C. Public Comments To date, no public comments have been received. FILE # LA19-000023 15 April 2019 Page 3 of 3 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 IUP, 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 IUP ? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval with the IUP in accordance with the City Engineer’s requirements associated with the overall building permit. List of Exhibits Exhibit A. Narrative & Haul Route Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. City Engineer Memo Exhibit D. Property Owners List Exhibit E. Plat Map AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding variances to rebuild/reorient patio hardcover within the 75-foot setback. 2. MN§15.99 Application Deadline. The application was received and was considered to be complete on March 20, 2019. Therefore the 60-Day review period expires on May 19, 2019. 3. Background/ Summary. The existing lakeside patio of the home was constructed over a basement level well room; the cap to the well room is leaking and the owner needs to repair the area. Since the existing patio needs to be removed to conduct the repairs, the applicant proposes a reconfiguration of the patio to add landings under new lake side doors, within the required lake yard; variances are necessary. The existing hardcover level will be reduced. 4. Planning Commission Vote and Comment. On April 15th the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 7 to 0 in favor of a motion to approve the requested variances. Additionally, the Commission voted 7 to 0 on a second motion to recommend the City Council consider directing staff to explore an ordinance amendment which would allow for the reconfiguration of nonconforming hardcover within the lake yard. 5. Public Comment. No comments from the neighbors were received regarding this application. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Council should consider a motion to adopt or amend the approval resolution. Additionally, the Council should consider directing staff to initiate an ordinance amendment regarding reconfiguration of nonconforming hardcover within the 75-foot setback. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. PC Staff Report References PC Exhibits 04/15/19 Exhibit A. Application Exhibit B. Practical Difficulties Documentation Exhibit C. 2002 Survey Exhibit D. 2019 Survey – Corrected Lot Area Exhibit E. Proposed Patio Plans Exhibit F. Submitted Hardcover Calculations Item No.: 19 Date: May 13, 2019 Item Description: LA19-000024 – Streeter & Associates o/b/o Peter & Nicole Thomas, 1385 Orono Lane, Variances – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR Exhibit G. Building Official Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-1680 FILE NO. LA19-000024 WHEREAS, on March 20, 2019, Peter Thomas and Nicole Thomas the owners of the property (hereinafter the “Applicants”), applied for variances from the City Code for the property addressed 1385 Orono Lane and legally described as: Lots 1, 2 and 3, Homes on Brown's Bay and that part of Government Lot 3 and accretions and relictions thereto in Section 2-117-23, lying within the following described lines as follows, to-wit: Beginning at the Northwest corner of Lot 3, Homes on Brown's Bay, thence Southeasterly along the Northerly line of Lots 3, 2 and 1, in said Plat of Homes on Brown's Bay a distance of 267 feet; thence deflecting on an angle to the left from last described line of 106 degrees and 3 minutes a distance of 41.55 feet to its intersection with the Northeasterly line of said Plat of Homes on Brown's Bay; thence deflecting to the right from said lost described line on an angle of 122 degrees and 33 minutes a distance of 31.35 feet; thence deflecting on an angle to the right from said last described line 31 degrees and 15 minutes a distance of 247.7 feet, said last mentioned point being at the present existing shore line of Lake Minnetonka; thence westerly along said present existing shore line of said Lake Minnetonka, to the extension South of the West line of said Lot 3, in said Homes on Brown's Bay: thence North along said extension South of the West line of said Lot 3, in said Plot and along the West line of said Lot 3 to the place of beginning. Also that part of Lot 1, Auditor's Subdivision No. 169, Hennepin County, Minnesota, lying Southwesterly of a line commencing at intersection of Northerly line of Homes on Brown's Bay with West line of Orono Terrace now vacated; thence Easterly on the extension of North line of Homes on Brown's Bay lo a point located as follows: Commencing at Northwest corner of Lot 3, Homes on Brown's Bay; thence Southeasterly along the Northerly line of Lots 3, 2 and 1, of said Addition 267 feet; thence at an angle of 106 degrees 3 minutes to the left 41.55 feet to said point, thence at an angle of 16 degrees 30 minutes to the right a distance of 31.35 feet; thence at an angle of 31 degrees 15 minutes lo the right a distance of 247.7 feet, more or less to Lake Minnetonka including accretions and including any part or portion of any street or alley adjacent lo said premises heretofore vacated or to be vacated (hereinafter the “Property”); CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow reconfiguration of patio hardcover within the 75-foot setback where hardcover and structures are not permitted; and WHEREAS, the proposed reorientation will result in a reduction of hardcover within the 75-foot setback; and WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the variances; and WHEREAS, on May 13, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000024. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 3. The Property contains 1.2 acres in area and has a defined lot width of over 300 feet at the ordinary high water level and 240 feet at the 75-foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lake Setback Variance b. Hardcover within the 75-foot Setback Variance CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and 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. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The variances are minimal, and as they result in a reduction of square footage they are generally consistent with the intent of the ordinance. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The use of the Property remains residential. The proposed improvements are residential in nature, reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Applicants require a solution to the failing well room cap which will protect the home; the proposed reconstructed patio with landings do not result in an expansion of hardcover within the 75-foot setback. The existing patios and basement well room were not created by the current owner. c. The variance, if granted, will not alter the essential character of the locality.” The variances to permit reorientation of the patio structure within the 75-foot setback will be more functional, do not result in an expansion of the nonconformity, and will not change character of the locality. This condition is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.” This condition is not applicable. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as a lakeshore patio is an allowed accessory use in the LR-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.” The Property is an existing lot of record, the home has existed for nearly 100 years, and the Property contains a large number of mature trees for screening. The topography of the Property increases as it moves away from the lake and the owner feels the proposed improvements are necessary for access and are logical and will not adversely impact adjacent properties. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Applicants’ proposal does not appear to be out of character with the area. The elevation of the patio area and the existing vegetation screen the improvements from the lake, the proposal does not involve an expansion of the nonconformities, only a reorientation, and will not encroach nearer to the lake than the existing. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a lake setback variance and hardcover variance to allow the reconstruction and reorientation of the patio within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owners. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the lake setback variance and hardcover variance to allowing the existing patio to be reconstructed and reconfigured as proposed will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Applicants have demonstrated practical difficulties which support granting the lake setback and hardcover variances to permit the reconstruction of the lakeside patio and landings within 75 feet of the OHWL. This statement is true. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow reconfiguration of patio hardcover within the 75-foot setback where hardcover and structures are not permitted, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the site plan dated 03/20/19 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the new construction and commencing construction of said project. The project must commence within one year of the date of Council approval, or the variance will expire on that date (May 13, 2020). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 13th day of May, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor No r t h Ke e n a n & S v e i v e n , I n c . 15 1 1 9 M i n n e t o n k a B l v d . Mi n n e t o n k a , M i n n e s o t a 5 5 3 4 5 Te l e p h o n e 9 5 2 4 7 5 1 2 2 9 Fa c s i m i l e 9 5 2 4 7 5 1 6 6 7 D E S I G N · B U I L D La n d s c a p e A r c h i t e c t u r e T H O M A S R E S I D E N C E 20 1 9 - 1 - 2 4 I h e r e b y c e r t i f y t h a t t h i s p l a n , sp e c i f i c a t i o n , o r r e p o r t w a s pr e p a r e d b y m e o r u n d e r m y di r e c t s u p e r v i s i o n a n d t h a t I a m a du l y R e g i s t e r e d L a n d s c a p e Ar c h i t e c t u n d e r t h e l a w s o f t h e St a t e o f M i n n e s o t a . To d d I r v i n e da t e : 00 / 0 0 / 0 0 re g . n o . 46 0 0 8 da t e : re v i s i o n s : dr a w n : La n d s c a p e De v e l o p m e n t Pl a n L- 1 TI 1 3 8 5 O r o n o L a n e O r o n o , M N 5 5 3 9 1 4' 1/ 8 " = 1 ' - 0 " Sc a l e 0' 1 6 ' 8' 20 1 9 - 3 - 2 0 North Keenan & Sveiven, Inc. 15119 Minnetonka Blvd. Minnetonka, Minnesota 55345 Telephone 952 475 1229 Facsimile 952 475 1667 D E S I G N · B U I L D Landscape Architecture TH O M A S R E S I D E N C E 2019-1-24 I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Landscape Architect under the laws of the State of Minnesota. Todd Irvine date:00/00/00 reg. no.46008 date: revisions: drawn: Landscape Development Plan L-1 TI 13 8 5 O r o n o L a n e Or o n o , M N 5 5 3 9 1 4' 1/8" = 1'-0"Scale 0'16'8' 2019-3-20 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 8. LA19-000024 STREETER AND ASSOCIATES ON BEHALF OF PETER AND NICOLE THOMAS, 1385 ORONO LANE, VARIANCES, 8:00 P.M. – 8:15 P.M. Daren Willenbring, Streeter and Associates, and Peter Thomas, Property Owner, were present. Curtis stated the home on this property was originally constructed in 1927 and is almost entirely within the 75-foot setback from the lake. The existing lakeside patio was constructed over a basement level well room. The cap to the well room is leaking and the owner needs to repair the area. Since the existing patio needs to be removed to conduct the repairs, the applicant proposes a reconfiguration of the patio to add landings under new lake side doors within the required lake yard and a variance is necessary. The existing hardcover level will be reduced. The intent of the applicable ordinance is to not have hardcover within the 75-foot lake yard. Existing hardcover is permitted to be replaced in-kind. The proposed reconfiguration and removal of some existing hardcover seems to support this intent. The variance process is to preserve the use of the property where practical difficulties exist. The protected use of the property is a residential dwelling and not accessory patios. The addition of patio areas to the lake yard seems to be a convenience not supported by a practical difficulty. A better solution, if the Planning Commission and Council support the reconfiguration, would be to initiate an ordinance amendment that allows for the reconfiguration of hardcover within the lake yard. To date, no public comments have been received. Planning Staff recommends the Planning Commission evaluate the practical difficulties and make a recommendation regarding the request. Thiesse asked if the patio is considered structure and whether a portion of the basement is located in the 0-75-foot zone. Curtis indicated that is correct. Willenbring stated he has nothing to add to Staff’s report. Thiesse asked if they have to have some impervious material under the rock in order for it to be considered hardcover. Curtis indicated that is true. Chair Thiesse opened the public hearing at 8:04 p.m. There were no public comments. Chair Thiesse closed the public hearing at 8:04 p.m. Erickson stated in his view there is a strong case for the variances since this is an older house and they have a leaking well, which needs to be repaired. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Erickson stated he would like to hear from Staff about the advantage of going to a new ordinance and whether it would be a more flexible position for the City to work with. Curtis indicated that is true. Erickson stated his other concern is if he had a leaking well, he would like to get that fixed right away, and that a new ordinance would take quite a bit longer. Curtis stated a new ordinance would allow Staff to approve it administratively. Currently Staff cannot approve new hardcover in a different location or reconfigured hardcover within the 0-75-foot zone. Staff can draft an ordinance in such a way that limits that approval by imposing restrictions, such as no new hardcover closer to the lake. The ordinance would be a benefit to property owners as well as Staff and would make things easier. Thiesse noted the intent of the ordinance is to reduce or eliminate any new hardcover in the 0-75-foot zone. Erickson asked if the Planning Commission could do both tonight to make it move faster. Thiesse stated he does not want to tie the new ordinance to this application. Erickson suggested making a motion recommending Staff proceed forward with a new ordinance. Gettman asked whether the City has a list of other ordinances that should be reviewed other than this one. Barnhart noted the City Council comes up with a list of priority items every year, but if the Planning Commission sees something that should be looked at closer, they can recommend that. Libby stated it looks like the applicants will be reducing the hardcover. Since there are a lot of wells in the City, this is probably not a unique situation and that he is curious as to when the well was last replaced. Curtis noted that would not fall under the purview of the City Engineer. Willenbring stated his understanding is that prior to City sewer and water, this is likely where the well was located, and that the membrane is now leaking. The well structure is still there. Libby asked whether it can still be used for watering. Willenbring stated he is not sure and that the house was originally constructed in 1927. The membrane structure has failed but not the well. The property owners would like to repair the structure, and in order to do that, they need to remove the existing patio. Ressler commented this is another situation where there is a meandering shoreline and that it makes sense since they are not worsening the current situation. Ressler stated in his view it is important to repair the structure. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Gettman commented he would be fine with the request but that he would like to know whether there are any other similar cases prior to going forward with a new ordinance separate from the City’s ordinance review process. Erickson moved, seconded, to recommend Approval of Application No. LA19-000024, Streeter & Associates on behalf of Peter and Nicole Thomas, 1385 Orono Lane, granting of variances. VOTE: Ayes 7, Nays 0. Erickson moved, Ressler seconded, to direct Staff to begin drafting an ordinance amendment which would allow for reconfiguration of hardcover within the lake yard. VOTE: Ayes 7, Nays 0. Date Application Received: 03/20/19 Date Application Considered as Complete: 03/20/19 60-Day Review Period Expires: 05/19/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 15 April 2019 Subject: #LA19-000024, Streeter & Associates o/b/o Peter & Nicole Thomas 1385 Orono Lane, Variances Public Hearing Background The home on the property was originally built in 1927 and is almost entirely within the 75-foot setback from the lake. The existing lakeside patio was constructed over a basement level well room; the cap to the well room is leaking and the owner needs to repair the area. Since the existing patio needs to be removed to conduct the repairs, the applicant proposes a reconfiguration of the patio to add landings under new lake side doors, within the required lake yard; a variance is necessary. The existing hardcover level will be reduced. *Please see the applicant’s reconciliation of the hardcover percentage inconsistencies between the 2002 and 2019 surveys. The lot area discrepancy between the two surveys is not uncommon, however it is noteworthy that the hardcover square footage is consistent. Planned improvements include a reconfiguration of the patio, addition of two gravel areas within a bluestone edging. The gravel is not considered hardcover. LOT ANALYSIS WORKSHEET Section 78-305 - Setbacks: LR-1A Required Existing Proposed Street/Rear 50’ 116.8’ No Change West Side 30’ 65’ No Change Lakeshore 75’ House 52.3’ Patio 43’ House – No Change Patio – No Change Average Lakeshore The average lakeshore setback for this property is set by a line drawn between the adjacent homes at 1387 Orono Lane and 1380 Orono Lane. The entire home on the subject property is situated lakeward of the average lakeshore setback line. Application Summary: The applicant is requesting variances to rebuild an existing patio and add new stoops within the 75-foot setback. Staff Recommendation: Planning Commission should evaluate the practical difficulties and make a recommendation.. FILE #LA19-000024 15 April 2019 Page 2 of 5 Section 78- 305 - Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200’ Actual 55,000 s.f. (1.2 acre) 240’@ 75’ / ±360’ @ OHWL Section 78-1680 and 78-1700 – 75-FOOT ZONE Hardcover Calculations: Stormwater Overlay District Tier Total Area in 75-foot Setback Zone Allowed Hardcover Existing 75-foot Hardcover Proposed 75- foot Hardcover Tier 1 26,672 s.f. 0 s.f. (0%) 3,359 s.f. (12.59%) 3,203 s.f. (12%) Applicable Regulations: 75-foot Hardcover and Lake Setback Variances (Sections 78-1680 & 78-1279) The existing patio improvement is entirely within the 75-foot lake setback where neither structure nor hardcover is permitted. The applicant is proposing to reconfigure the existing patio hardcover to better serve the property, however variances are necessary due to the location within the 75-foot setback. The reconfigured patio will not encroach closer to the lake and will result in a decrease in hardcover. 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. Though the variances are minimal, and are generally consistent with the intent of the ordinance the Planning Commission should determine if relocation of hardcover areas is consistent with the Ordinance. The intent of the lake yard setback is to preserve the natural lakeshore and not permit hardcover in this area. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 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 residential. FILE #LA19-000024 15 April 2019 Page 3 of 5 The proposed improvements are residential in nature, reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The applicant requires a solution to the failing well room cap which will protect the home; the proposed reconstructed patio with landings do not result in an expansion of hardcover within the 75-foot setback. The existing patios and basement well room were not created by the current owner; and c. The variance will not alter the essential character of the locality. The variances to permit reorientation of the patio structure within the 75-foot setback will be more functional, do not result in an expansion of the nonconformity, and will not change character of the locality. This condition is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a lakeshore patio is an allowed accessory use in the LR-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. The property is an existing lot of record, the home on the property has existed for nearly 100 years, and the property contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed improvements are necessary for access and are logical and will not adversely impact adjacent properties. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant’s proposal does not appear to be out of character with the area. The elevation of the patio area and the existing vegetation screen the improvements from the lake, the proposal does not involve an expansion of the nonconformities, only a reorientation, and will not encroach nearer to the lake than the existing. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance and hardcover variance to allow the reconstruction and reorientation of the patio within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the lake setback variance and hardcover variance to allowing the existing patio to be reconstructed and reconfigured as proposed will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. FILE #LA19-000024 15 April 2019 Page 4 of 5 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 demonstrated practical difficulties which support granting the lake setback and hardcover variances to permit the reconstruction of the lakeside patio and landings within 75 feet of the OHWL. This statement is true. 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 The intent of the applicable ordinance is to not have hardcover within the 75 lake yard. Existing hardcover is permitted to be replaced, in-kind. The proposed reconfiguration and removal of some existing hardcover seems to support this intent. The variance process is to preserve the use of the property where practical difficulties exist. The protected use of the property is a residential dwelling, not accessory patios. The addition of patio areas to the lake yard seems to be a convenience not supported by practical difficulties. A better solution, if the Planning Commission and Council support the reconfiguration, would be to initiate an ordinance amendment that allows for the reconfiguration of hardcover within the lake yard. Engineer Comments The City’s engineer has reviewed the plans and found no issues of concern. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends the planning commission evaluate the practical difficulties and make a recommendation regarding the request. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Exhibit C. 2002 Survey Exhibit D. 2019 Survey – Corrected Lot Area FILE #LA19-000024 15 April 2019 Page 5 of 5 Exhibit E. Proposed Patio Plans Exhibit F. Submitted Hardcover Calculations Exhibit G. Building Official Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map AGENDA ITEM Prepared By: C. Mattson Reviewed By: J. Barnhart Approved By: DJR 1.Purpose. The purpose of this action item is to review and approve the 2019 Joint Use Dock Licenses. 2.Background. The City is in receipt of all 11 joint use dock renewal license applications for the docks we have historically licensed. None of them exhibited any significant changes from previous licenses. Additionally, no permits have been issued at any of the joint use dock sites for structures or changes to the sites in the past 12 months. 3.Staff Recommendation. To date there have been no complaints regarding any of the eleven joint use dock license renewals. Staff recommends that the Council approve the 2019 Joint Use Dock Licenses for each of the 11 applicants listed below: Big Island, Inc. Bohns Point Lane Homeowners Pheasant Lawn Homeowners Association Pirates Cove Homeowners Association Forest Arms Country Club Addition Homeowners Association, Inc. Foxhill Homeowners Association Tonkawa, Inc. Property Owners at 460, 500 & 550 Tonkawa Rd Victoria Estates Homeowners Association Kelly Cove Homeowners Association of Orono Minnetonka Power Squadron Walter’s Port Maintenance & Improvement Association COUNCIL ACTION REQUESTED Council should consider adopting resolutions granting a 2019 Joint Use Dock License for each of the 11 applicants for the period January 1, 2019 to December 31, 2019, a sample is provided. Exhibits A.Joint Use Dock Location Map B. Draft Resolution Example C. Draft License Example References (References A – K each include the following: 2019 Application, Resolution and License) A.Big Island, Inc.; B.Bohns Point Lane Homeowners; C.Forest Arms Country Club Addition Homeowners Association, Inc.; D.Foxhill Homeowners Association; E.Kelly Cove Homeowners Association of Orono; F.Minnetonka Power Squadron; G.Pheasant Lawn Homeowners Association; H.Pirates Cove Homeowners Association; I.Tonkawa, Inc. (Property Owners at 460, 500 & 550 Tonkawa Road); J.Victoria Estates Homeowners Association; and K.Walter’s Port Maintenance & Improvement Association. Item No.: 20 Date: May 13, 2019 Item Description: 2019 Joint Use Dock License Renewals – Resolutions Presenter: Jeremy Barnhart, Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BIG ISLAND, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Big Island, Inc. Dock Address: 520 Big Island Agent: Mark Schoelle Address: 8742 Leeward Circle; Eden Prairie, MN 55344 Licensee is: Incorporated Club or Recreational Group CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed 12 as shown on, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density: Bay Lower Lake Transient (Day use only) Slips 12 Permanent Moorage Slips 0 Boat Lifts 0 Subtotal Slips at Dock 12 Offshore Buoys 0 Maximum Boats in Water 12 Maximum Boats per Prior License 14 MAXIMUM BOAT DENSITY 12 *Per Resolution No. 3006, occasional overnight camping allowed. Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with all requirements of City of Orono Resolution No. 3006. 2. The maximum allowed boat density per Resolution No. 3006 is 14 total slips. Any increase above this number of slips shall be subject to licensee first obtaining Conditional Use Permit approval from the City. The number of slips licensed for the current license period is 12 . 3. This approval grants a 2019 Joint Use Dock License to the licensee for 12 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, Big Island, Inc. has submitted a survey dated, March 1, 2018 which complies with Resolution No. 5990. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 5 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOHNS POINT LANE HOMEOWNERS SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Bohns Point Lane Homeowners Dock Address: 3240 Bohns Point Lane (Outlot 1, Bohns Point Addition, PID 08-117-23-44-0011) Agent: Dave Condon Address: 3230 Bohns Point Lane, Wayzata, MN 55391 Licensee is: member of homeowner's group CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed three (3) as shown on, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density: Bay Crystal Transient (Day use only) Slips 0 Permanent Moorage Slips 3 Boat Lifts 0 Subtotal Slips at Dock 3 Offshore Buoys 0 Maximum Boats in Water 3 Maximum Boats per Prior License 3 MAXIMUM BOAT DENSITY 3 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The City acknowledges the historic and continued use of this three-slip multiple dock since the 1960's for the benefit of three designated non-riparian properties within the Bohns Point Addition. 2. The City recognizes the easement over Lot 3, Block 1, Bohns Point Addition to provide pedestrian access to Outlot 1, Bohns Point Addition for the owners of Lots 1, 2, 5 and 6, Bohns Point Addition. 3. The three (3) multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Bohns Point Addition may occur without City approval. Transfer of dock rights to any property outside the subdivision of Bohns Point Addition or to any person who is not a Bohns Point Addition property owner, will not be allowed. Any boats stored at the dock shall be owned by a property owner within the Bohns Point Addition. 4. The three properties which are each allowed one slip within the three slip multiple dock are described as follows: 3220 Bohns Point Lane (Lot 1, Bohns Point Addition) 3225 Bohns Point Lane (Lots 5 and 6, Bohns Point Addition) 3230 Bohns Point Lane (Lot 2, Bohns Point Addition) 5. This approval grants a 2019 Joint Use Dock License to the Association for three slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 5 E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Bohns Point Homeowners Association has submitted a survey dated, April 14, 2010 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: _______________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Ma yor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 4 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOREST ARMS COUNTRY CLUB ADDITION HOMEOWNERS ASSOCIATION, INC. SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 4 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Forest Arms Country Club Addition Homeowners Association, Inc. Dock Address: 38 Unassigned, PIDs 07-117-23-12-0023/0024 Agent: Robert Eaton, Dock Master Address: 945 Forest Arms Lane, Mound, MN 55364 Licensee is: incorporated homeowner's association CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 4 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed fourteen (14) as shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Forest Lake Transient (Day use only) Slips 0 Permanent Moorage Slips 14 Boat Lifts 0 Subtotal Slips at Dock 14 Offshore Buoys 0 Maximum Boats in Water 14 Maximum Boats per Prior License 14 Maximum Boat Density 14 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 4 1. The Purchase Agreement by and between the City of Orono and the Forest Arms Country Club Addition Homeowners Association, Inc. permitted a maximum of 14 slips. The City will approve 14 slips for this license year based on the number of developed interior lots within the subject plat. 2. This approval grants a 2019 Joint Use Dock License to the Association for fourteen (14) slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Forest Arms Country Club Addition Homeowners Association, Inc. has submitted a survey dated, January 29, 2011, which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO FOXHILL HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Foxhill Homeowners Association Dock Address: 38, Unassigned Address (PID 10-117-23-41-0002), Outlot 1 Agent: David Ziegler, Dock Master Address: 1180 Heritage Lane, Wayzata, MN 55391 Licensee is: unincorporated homeowner's group CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed 16, as shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Crystal Transient (Day use only) Slips 0 Permanent Moorage Slips 16 Boat Lifts 0 Subtotal Slips at Dock 16 Offshore Buoys 0 Maximum Boats in Water 16 Maximum Boats per Prior License 16 Maximum Boat Density 16 (only paying for 14 per agreement) Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Per the agreement dated June 28, 1979, the slips are for the exclusive use of the residents within the Plat of Foxhill. They may install and maintain a maximum of sixteen (16) boat slips. The installation of less than sixteen (16) slips during any year because of non use by the person occupying an improved lot or the existence of an unimproved lot is not a waiver or abandonment of the right to construct a boat slip or mooring during a subsequent year for use by the person occupying an improved lot or a person occupying an unimproved lot. 2. Winter storage of dock parts and sections shall be permitted on Outlot 1 between the time the dock is removed from the late in the fall and June 1st of the following year. 3. The sixteen (16) properties which are allowed one slip are as follows: Address Lot Block PID 1190 Heritage Lane 1 1 10-117-23-42-0001 1180 Heritage Lane 2 1 10-117-23-13-0002 1160 Heritage Lane 3 1 10-117-23-13-0003 1150 Heritage Lane 4 1 10-117-23-13-0004 1100 Heritage Lane 5 1 10-117-23-13-0005 1090 Heritage Lane 6 1 10-117-23-13-0006 1080 Heritage Lane 7 1 10-117-23-13-0007 1000 Heritage Lane 8 1 10-117-23-14-0005 1005 Heritage Lane 1 2 10-117-23-12-0005 1025 Heritage Lane 2 2 10-117-23-13-0008 1035 Heritage Lane 3 2 10-117-23-13-0009 1085 Heritage Lane 4 2 10-117-23-13-0010 1135 Heritage Lane 1 3 10-117-23-13-0021 1155 Heritage Lane 2 3 10-117-23-13-0022 1905 Heritage Drive 3 3 10-117-23-13-0013 1955 Heritage Drive 1 4 10-117-23-13-0014 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 5 4. This approval grants a 2019 Joint Use Dock License to the Foxhill Homeowners Association for 16 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Foxhill Homeowners Association has submitted a survey dated, March 7, 2011 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th May, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO KELLY COVE HOMEOWNERS ASSOCIATION OF ORONO SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Kelly Cove Homeowners Association of Orono Dock Address: PID 20-117-23-12-0055, Outlot A, Kelly Cove Agent: Stan Straley, President Address: 2497 Kelly Avenue, Excelsior, MN 55331 Licensee is: incorporated homeowner's association CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed four (4) as shown on, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 4 Boat Lifts 0 Subtotal Slips at Dock 4 Offshore Buoys 0 Maximum Boats in Water 4 Maximum Boats per Prior License 4 Maximum Boat Density 4 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Licensee shall comply with all conditions and requirements of City of Orono Resolution No. 4279. 2. The four (4) dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the Kelly Cove subdivision may occur without City approval. Transfer of dock rights to any property outside the subdivision of Kelly Cove or to any person who is not a Kelly Cove addition property owner, will not be allowed. Any boats stored at the dock shall be owned by a property owner within the Kelly Cove Addition. 4. The four (4) properties which are each allowed one (1) slip within the four (4) slip multiple dock are described as follows: Address Lot Block PID 2497 Kelly Avenue 1 1 20-117-23-12-0051 2499 Kelly Avenue 2 1 20-117-23-12-0052 2501 Kelly Avenue 3 1 20-117-23-12-0053 2503 Kelly Avenue 4 1 20-117-23-12-0054 3. This approval grants a 2019 Joint Use Dock License to the Association for four (4) slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License Annually. E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 5 WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Kelly Cove Homeowners Association has submitted a survey dated, March 5, 2009 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 4 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO MINNETONKA POWER SQUADRON SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 4 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Minnetonka Power Squadron Dock Address: Big Island, Record Lot #5 (510 Big Island) Agent: James Revane, Island Manager Address: 730 Clarence Ave, Mound, MN 55364 Licensee is: incorporated club or recreation group CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 4 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibits A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Lower Lake Transient (Day use only) Slips 45 Permanent Moorage Slips 0 Boat Lifts 0 Subtotal Slips at Dock 45 Offshore Buoys 0 Maximum Boats in Water 45 Maximum Boats per Prior License 45 Maximum Boat Density 45 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 4 1. Compliance with conditions of CUP Resolution No. 3416. 2. This approval grants a 2019 Joint Use Dock License to the Minnetonka Power Squadron for 45 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Minnetonka Power Squadron has submitted a survey dated, March 18, 2009 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of April, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PHEASANT LAWN HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Pheasant Lawn Homeowners Association Dock Address: 38, Unassigned, PID 21-117-23-23-0014 Agent: Timothy J. Mahoney, President Address: 2760 Pheasant Road, Excelsior, MN 55331 Licensee is: incorporated homeowner's association CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 5 Plus 1 detached Boat Lifts 0 Subtotal Slips at Dock 5 Plus 1 detached Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per Prior License 6 Maximum Boat Density 6 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The City acknowledges the historic and continued use of this five-slip multiple dock since the 1950's for the benefit of five designated non-riparian properties on the west side of Pheasant Road. 2. The City recognizes the easement over the Pheasant Lawn Homeowners Association commons lot to provide lake access to Lots 15 and 18, Pheasant Lawn, and Lots 1 and 2, Yale Smiley Addition, because as a result of past dredging of the lagoon area in Lot 14, said lots might not abut the actual shoreline of Lake Minnetonka at any given time. 3. The City acknowledges the existence of the portion of dock and shed existing on City right-of-way and grants temporary permission for said dock and shed to remain at their existing location within the right-of-way until such future date that the City determines that removal of said structures from the City right-of-way is in the best interests of the City of Orono. 4. The Homeowners Association and Mahoney shall agree to hold the City harmless from any damage to any private or Association improvements within the right-of-way that might be caused by the City. (Hold Harmless agreements on file) 5. This approval grants a 2019 Joint Use Dock License to the Association for six slips (including Mahoney's detached slip). Applicants are advised of the need to henceforth apply for a Joint Use Dock License annually. 6. The five multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Pheasant Lawn may occur without City approval. Transfer of dock rights to any property outside the subdivision of Pheasant Lawn or to any person who is not a Pheasant Lawn property owner, will not be allowed. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 5 7. The five properties which are each allowed one slip within the five slip multiple dock are described as follows: 2655 Pheasant Road (Lots 1, 2 and part of Lot 3, Pheasant Lawn) 2675 Pheasant Road (Lot 6, Pheasant Lawn) 2695 Pheasant Road (Lot 8, Pheasant Lawn) 2725 Pheasant Road (North part of Lot 10, Pheasant Lawn) 2765 Pheasant Road (South Part of Lot 10, Pheasant Lawn) E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Pheasant Lawn Homeowners Association has submitted a survey dated, February 5, 2007 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of April, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 6 A RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO PIRATES COVE HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; and WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 6 This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, an association of four off-lake property owners (hereinafter referred to as the Pirates Cove Homeowners Association) within the subdivision Pirates Cove are benefitted by an easement for lake access over riparian Lots 6 and 7, Pirates Cove, and have applied to the City for a Joint Use Dock License to formally approve their use of a shared dock system; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Pirates Cove Homeowners Association Dock Address: 850-860 Windjammer Lane Agent: Carolyn Broghammer Address: 875 Windjammer Lane, Mound, MN 55364 Licensee is: unincorporated homeowners group CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 6 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed 7, as shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay North Arm Riparian Owners Off-lake Owners Transient (Day use only) Slips 0 0 Permanent Moorage Slips 3 4 Boat Lifts 0 0 Subtotal Slips at Dock(s) 3 4 Offshore Buoys 0 0 Maximum Boats in Water 3 4 Maximum Boats per Prior License NA NA Maximum Boat Density 3 4 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on the attached Exhibit A (three slips facing lakeward, one to the side). Any changes to this layout shall be subject to prior review and approval of the City Council. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 6 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Within the shared dock system serving the 4 off-lake properties, no more than 4 slips shall be allowed, one for each of the 4 off-lake lots, to be installed as a single 4-slip dock system. The owners of Lots 6 and 7 shall additionally be limited to no more than 3 total slips combined, but have the option to have those slips as part of the shared dock structure or separate from it at their discretion, subject to LMCD approval. 2. Each boat stored at the shared dock must be registered to one of the four non- riparian lot owners. 3. Rental of slips is not allowed, per City Code. 4. The four (4) off-lake properties which are allowed one slip each are as follows: The two (2) riparian properties which are allowed a combine total of 3 slips are as follows: Address Lot Block PID 865 Windjammer Lane 1 1 07-117-23-12-0028 860 North Arm Drive 2 1 07-117-23-12-0029 875 Windjammer Lane 3 1 07-117-23-12-0030 835 Windjammer Lane 4 1 07-117-23-11-0008 Address Lot Block PID 850 Windjammer Lane 6 1 07-117-23-11-0010 860 Windjammer Lane 7 1 07-117-23-11-0011 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 6 5. This approval grants a 2019 Joint Use Dock License to the Pirates Cove Homeowners Association for 4 slips and limits the riparian owners to a combined total of 3 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. 6. A copy of the Amended and Restated Access and Watercraft Docking Easement which was recorded on February 26, 2015 was provided to the City. 7. Applicants are advised that this license does not grant approval for any proposed improvements on the land such as site grading, stairways, etc. which require separate building or zoning permits. E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Pirates Cove Homeowners Association has submitted a survey dated August 11, 2014 which complies with Resolution No. 5990. The City further has a copy of the as-built survey dated June 17, 2014 showing the improvements to the land encompassed by the easement located between 850 & 860 Windjammer Lane. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 6 of 6 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 4 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TONKAWA, INC. PROPERTY OWNERS OF 460, 500 AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 4 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Tonkawa, Inc. Property owners of 460, 500 and 550 Tonkawa Road Dock Address: 500 Tonkawa Road Agent: c/o Trish Goodchild, Family Services Specialist Address: Tonkawa, Inc. Two Carlson Parkway, Suite 110 Plymouth, MN 55447 Licensee is: other: Not Applicable CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 4 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed eight (8) as shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Stubbs Transient (Day use only) Slips 0 Permanent Moorage Slips 8 Boat Lifts 0 Subtotal Slips at Dock 8 Maximum Boats in Water 8 Maximum Boats per Prior License 8 Maximum Boat Density 8 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 4 1. The eight approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road (Gage), 500 Tonkawa Road (Nelson) and 550 Tonkawa Road (Carlson). 2. This approval grants a 2019 Joint Use Dock License to the private property owners for 8 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the owners of property located at 460, 500 and 550 Tonkawa Road have submitted a survey dated, April 16, 2010 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: _______________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO VICTORIA ESTATES HOMEOWNERS ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Victoria Estates Homeowners Association Dock Address: 520 North Arm Drive Agent: Susan Wanner, Secretary Address: 460 North Arm Drive, Mound, MN 55364 Licensee is: incorporated homeowner's association CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed six (6) as shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay North Arm Transient (Day use only) Slips 0 Permanent Moorage Slips 6 Boat Lifts 0 Subtotal Slips at Dock 6 Offshore Buoys 0 Maximum Boats in Water 6 Maximum Boats per Prior License 6 Maximum Boat Density 6 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 1. Six slips are approved for Victoria Estates Homeowners Association for 2007 subject to the stipulations set forth in Resolution #962 dated December 18, 1978. 2. All boats permanently moored at this Joint Use Dock must be registered to the applicant property owners. 3. This approval grants a 2019 Joint Use Dock License to the Association for 6 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. 4. The six properties which are each allowed one slip within the six slip multiple dock area described as follows: 440 North Arm Drive Lot 1, Block 1 Victoria Estates 460 North Arm Drive Lot 2, Block 1 Victoria Estates 520 North Arm Drive Lot 3, Block 1 Victoria Estates 540 North Arm Drive Lot 4, Block 1 Victoria Estates 560 North Arm Drive Lot 5, Block 1 Victoria Estates 580 North Arm Drive Lot 6, Block 1 Victoria Estates E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Victoria Estates Homeowners Association has submitted a survey dated, April 21, 2010 which complies with Resolution No. 5990. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 5 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 5 RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO WALTER'S PORT MAINTENANCE & IMPROVEMENT ASSOCIATION SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2019 TO DECEMBER 31, 2019 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Walter's Port Maintenance & Improvement Association Dock Address: 2699/2701 Kelly Avenue Agent: Ted Storlie, Secretary Address: 2701 Kelly Avenue, Excelsior, MN 55331 Licensee is: unincorporated homeowner's group CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed five (5) as shown on the attached plan, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan: Bay Carman Transient (Day use only) Slips 0 Permanent Moorage Slips 5 Boat Lifts 0 Subtotal Slips at Dock 5 Offshore Buoys 0 Maximum Boats in Water 5 Maximum Boats Per Prior License 5 Maximum Boat Density 5 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. Variances granted for 2006: a) West property line (extension of west line of Lot 2, Block 2, Walter's Port) - 10' required, zero setback proposed b) Southeast property line (extension of southeast line of Outlot 2, Walter's Port) - 10' required, zero setback proposed 2. The five slips are approved for use by the following properties located in the plat of Walter's Port: Slip 1 - Lot 2, Block 2 Slip 2 - Lot 2, Block 2 Slip 3 - Lot 1, Block 2 Slip 4 - Lot 1, Block 1 Slip 5 - Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) 3. City must be notified immediately of any change in use or configuration of the dock. 4. All boats permanently moored at this joint use dock must be registered to the applicant property owners. 5. Lot 5, Block 3 (part of Lot 1, Carman Bay Heights) is allowed four boats maximum (1 of lagoon, 3 at outer lakeshore). 6. This approval grants a 2019 Joint Use Dock License to the Association for 5 slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 5 E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Walter’s Port Maintenance & Improvement Association has submitted a survey dated, June 19, 2008 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 13th day of May, 2019. ATTEST: ________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Reviewed By: DJR Approved By: DJR 1. Purpose. The purpose of this action item is meet the requirements of the City’s Municipal Separate Storm Sewer System permit. (MS4) 2. Background. The City of Orono holds a MS4 permit under the National Pollutant Discharge Elimination System (NPDES) program for operation of the City’s stormwater drainage system. The NPDES is a national regulatory program under the jurisdiction of the US Environmental Protection Agency (EPA), and is administered at the State level by the Minnesota Pollution Control Agency (MPCA). 3. Requirement. A requirement of the permit is that an Annual Report be prepared and submitted to the MPCA. Staff has prepared the report, and will submit to the MPCA after this meeting. One component of the report is that the City must hold a Public Meeting. The meeting must provide a summary of the City’s Storm Water Pollution Prevention Program (SWPPP), the activities of the City for the past calendar year in regards to the permit requirements, and must afford the opportunity for public input and comment. 4. Action. There will be a short presentation as part of the public hearing. COUNCIL ACTION REQUESTED Conduct a public hearing to receive public input and comments regarding the City of Orono’s SWPPP Item No.: 21 Date: May 13, 2019 Item Description: Annual Public Hearing for MS4 Storm Water Permit (SWPPP) Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Presentation AGENDA ITEM Prepared By: CF Reviewed By: CF Approved By: DJR 1. Purpose. The purpose of this action item is to provide the 2018 Police Department Annual Report. 2. Background. None 3. Project Scope. None 4. Cost. None 5. Funding. None 6. Staff Recommendation. No Action needed, information only. COUNCIL ACTION REQUESTED Information only, no Council action required. Exhibits A. Annual Report Item No.: 22 Date: May 13, 2019 Item Description: Orono Police Department Annual Report Presenter: Correy Farniok Police Chief Agenda Section: Public Safety Report AGENDA ITEM 1. Purpose: Orono Police Department will present this item. Item No.: 23 Date: May 13, 2018 Item Description: Xerxes Award Presenter: Correy Farniok, Police Chief Agenda Section: Public Safety Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. To consider the preliminary plat for 350 Stubbs Bay Road North and adopting resolution approving the same. 2. MN§15.99 Application Deadline. The application was deemed complete on April 3, 2019. The 120-Day review period will expire on August 1, 2019. 3. Background. The property owner proposes the subdivision of his property into two buildable lots, each meeting the minimum lot area size and frontage requirements, though one of the lots is uniquely shaped and offers limited buildable area. Section 78- 420- Lot Area/ Width: Gross area (acres) Dry Buildable (acres) Dry buildable requirement (acres) Wetlands (acres) Frontage (Feet) Frontage requirement (Feet) Lot 1 2.44 2.03 2.0 0.41 367 200 Lot 2 7.77 3.49 2.0 4.28 149 (200 adjusted) 200 The attached Planning Commission memo provides the analysis for the proposed subdivision, and is attached as Exhibit D. 4. Planning Commission Vote and Comment. The Planning Commission reviewed the project at their meeting on April 15th. The minutes from that meeting are attached. Note that Commissioner Bollis, as property owner, abstained from the vote and removed himself from the dais during the discussion. The main discussion at the Planning Commission level involved the requirement of the cul de sac and the private road width. Cul de sac. The property owner proposes a hammerhead turn-around versus a cul de sac. While the Fire chief supports a hammer head, the city code requires a cul de sac, to facilitate the turning movements of large vehicles, including emergency vehicles, school buses, garbage/ refuse haulers, and delivery trucks. After much discussion, the Planning Commission did not support a departure from the city code. Private road width. The property owner proposes pavement width of 20 feet, the city code requires 24 feet wide. The applicant has stated that the reduced width protects existing screening evergreen trees. Staff did not support the deviation from the width, but the Planning Commission supported the width at 24 feet wide for the first 50 feet (to coincide with the first driveway serving the adjacent property, 300 Stubbs Bay), and the remainder being 20 feet wide. The Planning Commission did recommend approval of the preliminary plat, with staffs recommended 5 conditions, though condition #3 (the driveway width) was amended. The draft Item No.: 24 Date: May 13, 2019 Item Description: LA19-000018 – Chris and Rachel Bollis, 350 Stubbs Bay Road North, Preliminary Plat– Resolution Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR resolution has been written to accommodate Planning Commission’s recommendation. 5. Public Comment. No comments for or against the proposal have been received. 6. Staff Recommendation. Staff recommends the Council adopt the resolution as drafted. COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Draft Resolution B. Plat C. PC Minutes dated April 15, 2019 D. PC Staff report E. Applicants Narrative References PC exhibits for meeting April 15, 2019 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR 350 STUBBS BAY ROAD FILE NO. LA19-000018 WHEREAS, on March 1, 2019, Christopher W and Rachel A Bollis, a married couple (“Applicants”), applied for a preliminary plat for the property legally described in Exhibit A, (hereinafter the “Property”); WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on May 13, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested preliminary plat as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000018. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1B Zoning District. 3. The property is guided for Low Density Residential in the 2030 Community Management Plan and in the draft 2040 Comprehensive Plan. 4. The Property contains 10.21 acres in area. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 5. The property will be served by individual well and septic systems, on site. 6. The Property is exempt according to the Stormwater Quality Overlay District. 7. The parcel will be subdivided into 2 buildable lots. All lots conform to the size and width requirements of the city code. 8. Access to the property is via the existing private driveway off of Stubbs Bay Road North. This driveway will be converted to a private road in accordance with the Subdivision requirements. 9. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP) has no current plans for parks that specifically require dedication of park land from this property. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants preliminary plat approval to allow the subdivision of the property into 2 lots, as depicted on the plans last revised April 5, 2019 prepared by Sathre-Berquist, attached as Exhibit B, subject to the following conditions: A. Project Specific Conditions 1. Applicable general engineering comments and or conditions provided by City Engineer shall be suitably addressed by applicant. 2. Easements shall be provided as required by the City Engineer. 3. Upon evidence of pre-settlement history, the developer will contact the city and the State Historical Preservation Office prior to proceeding. 5. The following estimated fees are due at the time of final plat unless otherwise noted. These fees are based on the 2019 Fee schedule and the fee schedule in effect at the time of Final Plat approval will govern. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 a. Stormwater and Drainage Trunk: The property will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee) of $8,060 (Number of new lots (1) times per lot amount ($8,060). b. Sewer: Not Applicable c. Water: Not Applicable d. Park dedication: $5,550 ($5,550 x 1 new lot). Total: $13,610.00 B. General conditions imposed on preliminary plats shall apply, and are as follow: 1. The private road shall terminate in a cul de sac with a 50’ radius, meeting the requirements of the subdivision code. 2. Provision of a septic compliance report that supports the second site on lot 2. 3. Expansion of the western 50 feet of the private road to 24 feet wide, and the remaining portion of the private road to 20 feet. 4. Extension of the road, or an easement through the wetland buffer to coordinate the driveways serving the two lots. 5. Watershed approval of driveway through the wetland buffer. 6. Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. 7. Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono’s behalf, are complied with. 8. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 9. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. i. The developer shall protect the septic sites with snow fencing. 10. This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 11. Council approval is based on the entire record, above Findings. 12. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 13. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by filing a final Plat application within one year of the date of Council approval, or the preliminary plat will expire on that date (May 13, 2020). 14. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plat. D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the City Administrator 2 weeks prior to the regularly scheduled Council meeting on the second Monday of the month. These submittals are as follows: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 1). Record plat drawings in the form of two (3) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Sathre- Berquist last revised dated April 5, 2019 attached hereto as Exhibit B, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. C. Dedication of “Drainage Easements” over all drainageways. D. Name of plat. 2). Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. One original copy of any private covenant, homeowners' association agreement or other private restriction intended to be filed in the chain of title of the property at the time t he final plat or survey is recorded. D. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. 3). Fees required: Application fee, Park dedication, Stormwater and Drainage Trunk enumerated above. E. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 F. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements, including the construction of the private road and cul de sac. Costs shall be estimated by the developer, confirmed by the city engineer, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. ADOPTED by the Orono City Council on this 13th day of May, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 Exhibit A Legal Description CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 8 Exhibit B Preliminary Plat CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 9 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 6 2. LA19-000018 CHRISTOPHER W. BOLLIS AND RACHEL A. BOLLIS, 350 STUBBS BAY ROAD, PRELIMINARY PLAT, 6:40 P.M. – 7:22 P.M. (Christopher Bollis recused himself from this application.) Christopher Bollis, Applicant, was present. Barnhart stated the applicant is requesting preliminary plat approval to split 10.21 acres into two buildable lots. This property was originally part of the Kintyre Preserve subdivision in 2015-2016. That subdivision was allowed to expire. The applicants are now proposing the splitting of 350 Stubbs Bay Road North into two buildable lots. Both lots meet the lot requirements. There is currently one house on the property. The proposal is consistent with the adjacent area. While the area for Lot 1 meets the standard of two acres dry buildable, the lot shape is unique and includes a long finger which represents approximately a third of an acre. That leaves .89 acres for a building envelope on the lot and does limit opportunities in the future. This unique configuration is mostly due to the goal of keeping the existing house on the property. The width of both lots is measured at the building setback line. For Lot 2, that building setback line would fall within the wetland or wetland buffer. In the past what the Council has done is allowed measurement beyond the buffer because that is where the house would be. Gettman asked if there is the potential for three homes. Barnhart indicated there is a potential for that but Staff would need to review that at the time that is proposed and that the Planning Commission is not evaluating what could happen since the City does not know what will happen in the future. Barnhart stated the lot width standard is typically measured at the building setback line, but the Council has allowed some flexibility in the past to that measurement. In this situation the applicants do meet the 200-foot minimum standard. This project will trigger the conversion of the existing private driveway to a private roadway, which requires that it be 24 feet wide and paved. The Code also requires that it terminate in a cul-de-sac. The applicant is proposing a width of 20 feet with a hammerhead. The fire chief has reviewed it and is in support of the hammerhead. Staff continues to recommend a cul-de-sac since other vehicles outside of fire trucks will need to turn around. To date no public comments have been received regarding the project. Planning Staff recommends approval of the subdivision, subject to the following conditions: 1. The private road terminates in a cul-de-sac. 2. Provision of a septic compliance report that supports the second site on Lot 2. 3. Expansion of the road width to 24 feet. 4. Extension of the road or an easement through the wetland buffer to coordinate the driveways MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 6 serving the two lots. 5. Obtain Watershed approval of the driveway through the wetland buffer. Ressler asked if the 24-foot width is based on the cul-de-sac. Barnhart stated the minimum width standard for a private road serving three homes is 27 feet and that he does not believe there is a standard for a private driveway. A cul-de-sac is required on a private road. Thiesse asked if it could be considered a driveway with only two homes. Barnhart indicated it could if there were only three homes accessing off the road but the lot with the existing house on it qualifies as the third lot. Thiesse asked if the southern piece of property will be landlocked. Barnhart indicated a portion of the property south of the subject property would still have access off of Kintyre or Stubbs Bay. George Stickney stated he is representing the property owners. The proposal meets all the standards but there were some deviations as were brought up by Staff. A meeting was held with the fire chief. The definition of a cul-de-sac is that it is an appropriate terminal for a safe turnaround and safe redirection of traffic. That is a loose definition but that is what is in the code. Stickney stated they made sure there is enough room for the building sites so there would not only be a turnaround for the fire trucks but enough room to put a circular driveway in front of each house, including the existing house, and that it provides good traffic flow. Stickney stated he has measured Fox Street several times and that he does not believe there is one piece of Fox Street that is 20 feet wide. The narrower road width would allow them to preserve the existing tree canopy. If the road is wider than 20 feet, that would damage the canopy of the beautiful red pines. Stickney stated he knows there are three lots involved in this project, but the driveway turns into the first property within 50 feet of Stubbs Bay Road. The road is straight and provides a good sightline. Another example of a narrower road width is at Mooney Lake Preserve, which has 20 feet of asphalt. The desire for tree preservation in this area is huge and there is also the possibility they can convince the Burkharts to connect to Stubbs Bay Road, which would mean there would only be two properties accessing this road. In addition, the 20-foot width would still allow two-foot shoulders as well as allow a semi to drive in there. Adding the cul-de-sac and more asphalt would create more hardcover and have a larger impact. As it relates to the finger configuration on Lot 1, the applicant’s family owns the property to the south so it becomes a nice buffer and makes the property conforming in all ways. It makes a nice recreation area and makes it more manageable for the rest of the property that the family owns. Stickney stated they are trying to meet all of Staff’s objections and that in his view they are addressing the desire for a hammerhead versus a cul-de-sac as well as the narrower road width. Stickney stated they do not want to disrupt the trees that have been there for a long time. Discussions have already been had with the Watershed District and in their view the project will move along okay. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 6 Erickson noted Staff addressed the hammerhead in their report and that they had concerns given the traffic levels that it might not be okay in this situation. Staff also pointed out that the radius of the hammerhead is not spelled out on the plans, which is a critical factor. Stickney noted the fire chief helped them design it but that they would be willing to redesign it. The third home will never see the roadway unless it is made wider. Erickson stated he personally would be tempted to go with the hammerhead but that he would like Staff to have some input into it. Stickney indicated the trucks could also utilize one of the circular driveways to turn around in. Thiesse noted the Planning Commission has to look at the proposed roadway and that the applicant is free to put in circular driveways but that is not part of what the Planning Commission is considering. Thiesse stated they are looking at fire trucks, FedEx trucks and other delivery vehicles, and that they do not want them to go all the way up to the house, go around back down to the hammerhead, and then back around. Stickney stated a turnaround would solve that. Libby stated the length and size of school buses have a more practical application for a cul-de-sac rather than having to pull into and back out of a driveway. The other thing is that often the 24-foot width is a practical matter due to the snow cover that is received in the winter and for snow coverage, which would likely narrow the roadway. Stickney noted there is a 50-foot right-of-way, which provides more snow storage than most roads. Libby indicated he is supportive of preserving the trees. Stickney stated the wider width does not make sense for two homes. Chair Thiesse opened the public hearing at 6:58 p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:58 p.m. Stickney noted last year the City approved a subdivision on Bracketts Point, which also had a hammerhead turnaround at that property, which was deemed appropriate for three homes. In that situation, it went from a 50-foot right-of-way to a 30-foot right-of-way and that received approval from the Fire Chief. The same thing was also done a few years ago at Mooney lake, which serves six homes. Thiesse noted there are extenuating circumstances for both of those examples. Thiesse asked if there are any extenuating circumstances that should preclude a cul-de-sac. Stickney indicated it would preserve the tree canopy. Barnhart stated as it has been pointed out, the City has approved a narrower road width due to extenuating circumstances but there have also been numerous times where the roadway width was held to 24 feet. That decision is up to the Planning Commission and City Council. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 6 Ressler stated he views this more as a shared driveway and that the debate comes down to whether the width should be 20 or 24 feet and that he does not care if it is a hammerhead or a cul-de-sac. Ressler questioned whether a school bus would go down a private driveway and stated the 20-foot width would accommodate guests who park on the road. Ressler indicated he is in support of it. Libby commented he is glad the Conservation District has reviewed and vetted the wetlands, which makes him more comfortable in regard to the environmental issues. As it relates to disturbing tree roots, it does not take much to disturb them and some of the trees may be lost even with the 20-foot width. Libby indicated he would be in favor of the 20-foot width. Erickson stated the applicant makes a good case for the 20-foot width for the majority of the length. If the third house uses it, the applicant expressed a willingness to extend it to 24 feet. Erickson noted the City of Long Lake rebuild a road in their industrial park to 20 feet and that has lots of semis going in and out. Erickson stated he does not feel the 20-foot width will be a problem unless there are a number of people parking on the road. Barnhart stated he has heard a number of comments for how they can engineer this roadway to address different issues. Barnhart stated school buses will drive down a public road, but noted the City cannot necessarily ask the residents to enforce a no parking zone so there will be parking on the road. The City has a standard in place to address these concerns and that he would question why the City would deviate from the standards when the Planning Commission is aware of Staff’s concerns. McCutcheon asked how many trees would be impacted. Stickney indicated they will lose more trees than one or two. Thiesse noted this is a preliminary plat and that can be reviewed further. Stickney stated their goal would be zero tree loss. Thiesse stated he would be in agreement with Staff, and that unless there are some extenuating circumstances for not following the standards, they should uphold those. If the road is pushed northerly, the trees could be saved. Thiesse suggested someone review the hammerhead versus a cul-de-sac. Stickney stated the roadway is so close to being a private driveway but that technically it is not a private driveway. In the Bracketts Point situation, the hammerhead worked for three 2-acre lots and it should be able to work here since they are talking really about two lots that will use the roadway. Stickney questioned how many times the City has accepted a 24-foot highway for two lots. Curtis noted it is still considered three lots. Thiesse stated at the end of the day, there is nothing that says the development cannot fit a 24-foot roadway, and unless they can’t, the City has standards they need to uphold. Stickney pointed out two cars can fit down a 24-foot wide road and that he does not know of any property that has been held to the standard of a 24-foot width for two lots. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 6 Thiesse stated more homes could be added and then the 24-foot width would be fine but that is not being proposed. Stickney stated there is not room for additional homes. Ressler asked whether it would be acceptable if it is 24 feet wide up to the first house. Ressler indicated he lives on a private road that is well under 20 feet and Bracketts Point was a pre-existing condition. Ressler stated he does not view this differently than a shared driveway and that he is supportive of the 20 feet. Libby stated he lived for 16 years on a cul-de-sac and that he knows what bus drivers have to go through to turn around. A hammerhead will result in increased safety hazards and cause bus drivers to back up quite a distance. A cul-de-sac is a much more practical solution. Thiesse stated Staff is recommending a cul-de-sac and that is what he would be supportive of. Thiesse indicated he would be more in favor of a 20-foot road with a cul-de-sac than a 20-foot road with a hammerhead. Ressler stated he is comfortable with the hammerhead since the Fire Chief has been involved in it. Thiesse commented the Fire Chief probably only looked at it from the perspective of his equipment and that there are other factors in play. McCutcheon stated he lives close to this area and that there are a number of people that look for parking so they can park their boat trailers and that he could not imagine living without a cul-de-sac. Stickney asked if they could have a cul-de-sac that would be shaped like a donut with some landscaping in the middle. That would allow them to preserve the wetland by not putting as much hardcover but the turning radius would be just as good as a regular cul-de-sac. Barnhart indicated Staff could consider that. Erickson commented that is a good suggestion and that he has seen that utilized in other cities. The donut shaped cul-de-sac improves the hardcover and is more aesthetically pleasing. Ressler moved, Erickson seconded, to recommend approval of Application No. LA19-000018, Christopher W. Bollis and Rachel A. Bollis, 350 Stubbs Bay Road, preliminary plat, with a 20-foot road width subject to the City Council making a determination on the cul-de-sac. MOTION WITHDRAWN. Thiesse stated he would prefer a 20-foot width with a cul-de-sac. Erickson noted the applicant said it would be the same diameter. Barnhart stated Staff would like the Planning Commission to either recommend a cul-de-sac or not so the Council can review that and that he would prefer the Planning Commission not design the cul-de-sac. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 6 of 6 Ressler moved, Erickson seconded, to recommend approval of Application No. LA19-000018, Christopher W. Bollis and Rachel A. Bollis, 350 Stubbs Bay Road, preliminary plat approval, with a 20-foot road width and hammerhead design, subject to the conditions outlined in Staff report. VOTE: Ayes 3, Nays 3; Gettman, Thiesse and McCutcheon Opposed. MOTION FAILS. Stickney stated the Planning Commission could make a motion that the Council review the hammerhead and that they can revise the plan to show a cul-de-sac shaped like a donut. Stickney indicated he would it a beautiful place to park that is more environmentally sensitive. Stickney stated they can have either a cul-de-sac or a hammerhead. Thiesse noted the Planning Commission should provide a recommendation one way or the other. Barnhart stated an option is to table to allow the applicant time to revise the street layout. Stickney asked if he can design a cul-de-sac with a center island. Barnhart stated the Planning Commission can either vote on what the applicants are proposing tonight or they can table it so they can come back with a redesign. Libby asked if the applicant can bring options before the City Council or whether it is a point of order. Libby noted the applicant is willing to bring the other design forward. Barnhart stated he is unsure what the Planning Commission would be voting on since they do not know how big the island will be or what the turning radius is. In addition, this is a public hearing and that there might be some people from the public that are interested in knowing what they are voting on. Erickson moved, Ressler seconded, to recommend approval of Application No. LA19-000018, Christopher W. Bollis and Rachel A. Bollis, 350 Stubbs Bay Road, preliminary plat approval, subject to all five of Staff’s recommendations, with an amendment to Item No. 3 limiting the westerly portion of the roadway to 24 feet and the easterly portion of the roadway to 20 feet of paved width, with a cul-de-sac. VOTE: Ayes 6, Nays 0. Date Application Received: March 1, 2019 Date Application Considered as Complete: April 3, 2019 120-Day Review Period Expires: August 1, 2019 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: April 15, 2019 Subject: #LA19-000018, Chris and Rachel Bollis, 350 Stubbs Bay Road North, Preliminary Plat Public Hearing Background The project area was recently a portion of the Kintyre Preserve subdivision in 2015-2016. That subdivision was allowed to expire. The applicants now propose the splitting of 350 Stubbs Bay Road North into two buildable lots. There is currently one house on the property. Access will be provided via an existing outlot that meets the width requirements. The project area is 10.21 acres, including 4.69 acres of wetland. The delineations were approved last fall by the MCWD. Currently, access to the site is via a gravel driveway through the existing outlot. LOT ANALYSIS WORKSHEET Section 78- 420- Lot Area/ Width: Gross area (acres) Dry Buildable (acres) Dry buildable requirement (acres) Wetlands (acres) Frontage (Feet) Frontage requirement (Feet) Lot 1 2.44 2.03 2 0.41 367 200 Lot 2 7.77 3.49 2 4.28 149 (200 adjusted) 200 Section 78-1403- Structural Building Coverage: Both lots are proposed to be larger than 2.0 acres, structural coverage does not apply. Section 78-1680 and 78-1700 - Hardcover Calculations: The subject parcels are in the exempt tier and therefore are not restricted with respect to hardcover. Application Summary: The applicant is requesting preliminary plat approval to split 10.21 acres into two buildable lots. Staff Recommendation: Planning Department Staff recommends approval, subject to conditions. Staff’s analysis can be found on page 3. FILE #LA19-000018 April 15, 2019 Page 2 of 3 Septic System Status Septic reports have been provided for three of the four required sites. Staff has requested a compliance report for the system that is currently being used to support Lot 2. Analysis Conformity with 2010 - 2030 Orono Community Management Plan. The 2010-2030 Comprehensive Plan guides the property for Low Density Residential, 0.5 to 2 units per acre. The proposal involves creation of 2 lots. The proposal is consistent with the comprehensive plan. Conformity with RR-1B Zoning District Standards. The property is currently zoned RR-1B One Family Rural Residential (2.0 acre). Three delineated wetlands on the property do not impact available buildable areas of the lots. The property is outside the MUSA boundary. Relationship to Surrounding Development. The proposed lots are consistent in character with the neighboring lots, though most of them are much larger (3.75 acres to 16.44 and 42 acres, all gross) Parks/ Trails. Park dedication will be required for the one new lot. No trails are proposed. This proposal requires flexibility from a number of platting requirements including: Pavement width, Cul de sac (a hammerhead is proposed) and lot width. Lot area meets the standards, but is a unique configuration. Lot area. Lot area for lot 1 meets the standard (2 acres, dry buildable), though the lot shape is unique. The finger area, about 1/3 of an acre, is intended to add acreage to the lot, while preserving the home on Lot 2. The buildable envelope (exclusive of setbacks) of Lot 1 is approximately .89 acres. Pavement width. The use of the gravel driveway by three lots will trigger the upgrade of this driveway to a private road. The road will need to be paved to city standards, per section 82-281. The standard also requires a paved width of 24 feet, the plans suggest 20 feet wide. The applicant has suggested that the width is necessary to preserve trees along the property line. Cul de sac. The private road is proposed to terminate in a hammerhead type turnaround. While the hammerhead is supported by the fire chief (Exhibit E, attached), Section 82-283 requires dead end streets to terminate in a cul de sac. The cul de sac is necessary for delivery trucks, garbage, school busses and other large vehicles to easily turn around, in addition to fire and ambulance use. The Commission should discuss whether a deviation from the cul de sac requirement is appropriate. While delivery trucks will likely use individual houses driveways, refuse haulers typically pick up trash in the street. Lot width. Both lots touch the access road, sharing the 20 feet of pavement width. Lot width is measured at the building setback line. Lot 1 has over 360 feet of frontage. The building setback line for Lot 2 falls within a wetland easement. In these situations, the Council has supported flexibility by measuring the width outside of the wetland, but parallel to the front lot line. When applied to this project, the width of Lot 2 is 200 feet. Wetlands/ wetland Impacts. To access the site, the driveways to both lots will go through a wetland buffer. Some statement from the watershed district will be necessary to support that configuration. It is recommended that the private road be extended through the wetland buffer, to consolidate drives through the wetland. The preliminary plat shows a 40 foot wetland buffer FILE #LA19-000018 April 15, 2019 Page 3 of 3 along the large wetland to the east side of the site, and a 30 foot wetland buffer along the wetland in the west of the site. These buffer requirements are consistent with watershed rules. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find the flexibility requested (cul de sac, road width) appropriate? 2. Does the Planning Commission have comment on the lot configuration? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the subdivision, with the following conditions: 1. The private road terminate in a cul de sac. 2. Provision of a septic compliance report that supports the second site on lot 2. 3. Expansion of the road width to 24 feet. 4. Extension of the road, or an easement through the wetland buffer to coordinate the driveways serving the two lots. 5. Watershed approval of driveway through the wetland buffer. List of Exhibits Exhibit A. Application Exhibit B. Preliminary Plat Exhibit C. Narrative Exhibit D. Wetland Notice of Decision Exhibit E. Fire Department Comment Exhibit F. Septic Information Exhibit G. Tree Preservation Plan Exhibit H. Mailing information Narrative Proposed 2 lot subdivision of 350 Stubbs Bay Rd. Lot 1 will be a proposed 2.44 acres in total with 2.03 contiguous dry acres. Lot 1 will be a new building site. Lot 2 will be a proposed 7.77 acres in total with 3.49 contiguous dry acres. The existing house on lot 1 will remain. With the proposed Tree Preservation plan/Private Drive layout, this project is in keeping with the surrounding neighborhood’s character and privacy. AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. To consider the preliminary plat for 690 Brown Road (Willow Bay Sanctuary) and adopt the resolution approving the same. 2. MN§15.99 Application Deadline. The application was deemed complete on April 1, 2019. The 120-Day review period will expire on July 30, 2019. 3. Background. The City Council reviewed this project as a sketch plan in February, the proposed preliminary plat is consistent with that proposal. The developer, on behalf of the property owner, proposes splitting the 23.72 acre property into 7 buildable lots. A new private road is proposed. All lots will be served by municipal water and sanitary sewer. The project is consistent with the zoning and subdivision standards, or supported by the City Council. Gross Area Dry Buildable Non- buildable Lot Width (At BSL) At OHWL @ 75' Lot 1 2.04 2.04 206’ (At Brown Rd) Lot 2 5.41 4.16 1.25 533’ Lot 3 3.08 2.08 1.00 170’ Lot 4 3.53 3.45 0.08 202’ 224’ Lot 5 2.33 2.01 0.32 206’ 220’ Lot 6 3.88 3.05 0.83 185’ 205’ Lot 7 2.46 2.41 0.05 322’ (At Brown Rd) A full analysis of the project was completed and included in the Planning Commission staff report, attached as Exhibit D. The developer is agreeable to addressing staff and engineering comments, there are no issues outstanding. 4. Planning Commission Vote and Comment. On April 15th, the Planning Commission held a public hearing. 5. Public Comment. Written comments from one adjacent property owner were received, noting concerns with potential encroachment into the wetland. The anticipated home locations are shown outside of the 40 wetland buffer (lot 3) and outside the 75’ setback from the tributary (lot 4). The driveway serving lot 3 will encroach onto the tributary, staff expects some sort of culvert acceptable to the watershed district to facilitate these surface flows. 6. Staff Recommendation. Staff recommends the Council adopt the resolution. Item No.: 25 Date: May 13, 2019 Item Description: LA19-000022 – Mike Steadman o/b/o Eric J Larson and Andrea Larson Living Trust, 690 Brown Road, Preliminary Plat – Resolution Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Planning Department Report AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Draft Resolution B. Plat C. PC Minutes April 15, 2019 D. PC Staff Report E. Public Comments F. Narrative References Exhibits: A. Application Summary D. Conservation Design E. MCWD permit application F. City Engineer Memo G. Fire Chief Comments H. Public hearing mailing information CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR WILLOW BAY SANTUCARY FILE NO. LA19-000022 WHEREAS, on March 16, 2019, Eric Larson and Andrea Larson, unmarried persons (“Applicant[s]”), applied for a preliminary plat for the property legally described in Exhibit A, (hereinafter the “Property”); WHEREAS, on April 15, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2019, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on May 13, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested preliminary plat as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000022. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A Zoning District. 3. The property is guided for Low Density Residential in the 2030 Community Management Plan and in the draft 2040 Comprehensive Plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 4. The Property contains 23.72 acres in area and has a defined lot width of over 564 feet on Long Lake and over 580 feet of frontage on Brown Road. 5. The property will be served by municipal sanitary sewer and water. 6. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 7. The parcel will be subdivided into 7 buildable lots and platted right of way. All lots conform to the size and width requirements of the city code. 8. The Developer has prepared grading plans to manage stormwater on site without negatively impacting adjacent parcels. 9. Access to the property is via the existing Brown Road North, a public street. 10. The Parks, Trails and Open Space element of the Orono Community Management Plan (CMP) has no current plans for parks that specifically require dedication of park land from this property. 11. The developer has submitted a Conservation Design Report and Master Plan prepared by Kjohlaug Environmental Services Company dated March 28, 2019 that inventories and describes in detail the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants preliminary plat approval to allow the subdivision of the property into 7 lots, as depicted on the plans dated April 3, 2019 prepared by Gronberg and Associates, attached as Exhibit B, subject to the following conditions: A. Project Specific Conditions 1. The applicable general engineering comments and or conditions provided by City Engineer dated April 8, 2018 attached hereto as Exhibit C shall be suitably addressed by applicant in the development plan submittal. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. Easements shall be provided as required by the City Engineer. 3. Significant trees shall be preserved to the extent possible and as shown on the landscaping plans. 4. Upon evidence of pre-settlement history, the developer will contact the city and the State Historical Preservation Office prior to proceeding. 5. The following estimated fees are due at the time of final plat unless otherwise noted. These fees are based on the 2019 Fee schedule and the fee schedule in effect at the time of Final Plat approval will govern. a. Stormwater and Drainage Trunk: The property will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee) of $48,420.00 (Number of new lots (6) times per lot amount ($8,060). b. Sewer: The costs to construct the Sewer system within the site will be the developers responsibility. The Metropolitan Council SAC charge which is currently $2,485 per dwelling unit will be due at the time of building permit for each lot. The City’s sewer charge is $5,225.00 per lot, or $36,575.00. c. Water: The costs to construct the water system will be the developers responsibility. The City’s water charge is $29,680.00 ($4,240 per dwelling unit). d. Park dedication: $33,300 ($5,550 x 6 new lots). B. General conditions imposed on preliminary plats shall apply, and are as follow: 1. Appropriate traffic control signage within and pertinent to the site shall be installed by the Developer subject to the City Engineer's review and approval. 2. Applicant shall demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on Orono’s behalf, are complied with. 3. Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 4. The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Developer shall identify trees to be preserved on si te, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. 5. This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 6. Council approval is based on the entire record, above Findings. 7. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 8. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by filing a final Plat application within one year of the date of Council approval, or the preliminary plat will expire on that date (May 13, 2020). 9. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. Final sanitary sewer and watermain plans shall be provided and are subject to approval by the Public Works Department and City Engineer. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 2) Final Street and Storm Sewer Plans. 3) Final Grading, Drainage and Erosion Control Plan and SWPPP showing existing and proposed contours, building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. General Development Plan Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater plans. 4) Landscaping plan to reflect a more natural pattern of replacement trees, versus a lineal replacement pattern along the new road. 5) Any additional plans and specifications deemed necessary by the City as review progresses. D. Platting Process. Applicant shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the City Administrator 2 weeks prior to the regularly scheduled Council meeting on the second Mondays of the month. These submittals are as follows: 1). Record plat drawings in the form of two (3) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates dated April 3, 2019 attached hereto as Exhibit B, except as modified herein. B. Dedication of "drainage and utility easements" 10' along exterior property lines and 5' along the interior property lines. C. Dedication of “Drainage Easements” over all drainageways. D. Name of plat. 2). Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed Developers Agreement and Letter of Credit for construction of improvements. The City Engineer shall establish the amount to be provided in the Letter of Credit. D. One original copy of any private covenant, homeowners' association agreement or other private restriction i ntended to be filed in the chain of title of the property at the time the final plat or survey is recorded. 3). Fees required: Application fee, Park dedication, Stormwater and Drainage Trunk enumerated above. E. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement between the applicant and the City. Such Agreement shall address all specific City requirements for the development. F. Financial Guarantee. The Development Agreement shall include a financial guarantee by the applicant to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to streets, curb & gutter, sanitary sewers, landscaping, grading, erosion control, utilities, and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. ADOPTED by the Orono City Council on this 13th day of May, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 Exhibit A Legal Description Parcel 1: That part of Government Lot 1, Section 34, Township 118, Range 23, described as follows: Commencing at a point 799 feet east and 133 feet south of the Northwest corner of said Lot 1; thence West 799 feet to west line of said Lot 1; thence South 1037.7 feet; thence at right angles east to the shore of Long Lake; thence northeasterly along lake-shore to a point which bears South 54 degrees 20 minutes East from the point of beginning; thence North 54 degrees 20 minutes West 1017 feet, more or less to the point of beginning, according to the United States Government Survey thereof, except that part of said tract described as follows: Commencing at the northwest corner of the Northwest Quarter of the Northeast Quarter of said Section 34; thence southerly along the westerly line thereof a distance of 133 feet to the point of actual beginning; thence southerly along said westerly line a distance of 598.70 feet; thence deflect 90 degrees 00 minutes to the left a distance of 344.14 feet; thence deflect 90 degrees 00 minutes to the left a distance of 572.95 feet; to the southerly line of R. L. S. No. 1275; thence westerly along said line a distance of 345.10 feet to the point of beginning. Parcel 2: That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 118 North, Range 23 West described as follows: Commencing at the northwest corner of said Northwest Quarter of the Northeast Quarter; thence southerly along the westerly line thereof a distance of 591.70 feet to the actual point of beginning of land to be described; thence continuing southerly along said westerly line a distance of 140.00 feet; thence deflect to the left 90 degrees 00 minutes a distance of 344.14 feet; thence deflect to the left 90 degrees 00 minutes a distance of 140.00 feet; thence deflect to the left 90 degrees 00 minutes a distance of 344.14 feet to the point of beginning, Hennepin County, Minnesota. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 8 Exhibit B Preliminary Plat CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 9 MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 3 6. LA19-000022 MIKE STEADMAN ON BEHALF OF ERIC LARSON AND ANDREA LARSON TRUST, 690 BROWN ROAD, PRELIMNARY PLAT, 7:42 P.M. – 7:56 P.M. Michael Steadman, Applicant, was present. Barnhart stated the applicant is requesting preliminary plat approval for a 7-lot single-family residential subdivision. All the lots meet the lot area standard. The parcel consists of 23.72 acres on the western shore of Long Lake. The property also includes over 580 feet of frontage on Brown Road North. The City Council reviewed a sketch plan of this proposal in February of this year and were supportive of the layout, including the proposed minor deviations of lot width for Lot 3 and Lot 6 due to the concave shoreline. The proposed layout is generally consistent with that proposal. The proposal includes the creation of a new private road terminating in a cul-de-sac. All seven properties would be served by municipal water and sewer. The developer proposes the construction of a single, new private road that will terminate in a cul-de-sac. The length of the road is 1,000 feet, meeting the maximum length requirement. This road will provide vehicular access for all lots. The grading plan shows grading to support the new road and house pads. Staff has received one comment letter expressing concerns from a wetland impact standpoint. Staff does not see any impacts to the wetland and the Watershed District is in the process of reviewing the application. Staff recommends approval of the preliminary plat subject to the following conditions: 1. Sanitary should be a low-pressure system with individually privately-owned pumps. 2. All elements of the storm system required to meet regulatory requirements must be included in and completed as part of the development work. 3. Engineering comments included in the engineer’s letter of April 8, 2019. 4. The addition of a fire hydrant at the entrance to the development. 5. Reconfiguration of street trees. The Planning Commission had no questions for Staff. Mike Steadman, Developer, stated they are in agreement with Staff’s recommendations and that they are available for questions. Chair Thiesse opened the public hearing at 7:45 p.m. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 3 Ted Schultz, 744 Brown Road North, stated his only concern is to preserve as much of the wetland as possible and asked whether the applicants could reconfigure the two lots to reduce the negative impact on the wetland. Thiesse noted the applicants are meeting the requirements of the Watershed District. Thiesse asked whether there is a wetland buffer required. Barnhart indicated there is. Thiesse asked whether Mr. Schultz feels there should be an additional buffer. Schultz commented he is not familiar with the process and that he just wants to make sure that appropriate measures are taken to ensure water quality. Barnhart illustrated the location of the lots and the delineated edge of the wetlands. There is a 40-foot buffer adjacent to the wetland that is imposed by the Watershed District. There is also a similar buffer closer to the lakeshore. The proposed locations of the homes are outside of the buffer. There is a proposed driveway that goes over the seasonal creek and Staff is working with the Watershed District on that. A culvert will likely be required. Chair Thiesse closed the public hearing at 7:49 p.m. Gettman asked for more information on the low-pressure system. Barnhart stated the original plans showed a lift station, which would serve these seven lots, but the City Engineer has recommended a low-pressure system be installed in lieu of that lift station. Each of the seven lots would have their own individual pump which would pump the waste into the system. Thiesse asked if there is a minimum number of houses that the low-pressure system works on. Barnhart stated the low-pressure system can support hundreds of homes. Mark Gronberg, Surveyor, noted they did Tanager Estates with four homes on the low-pressure system and it works just fine. The system usually consists of a two-inch pipe in the main road and then an inch and a quarter pipe to the homes. The City Engineer has indicated there are a number of homes in this area that are on the low-pressure system. Ressler commented the application is pretty straight forward and has been designed nicely. Ressler stated he has no objections to the application. Libby stated he is a little confused because his understanding is that it was a high-pressure system that was installed in Tanager Estates. Gronberg indicated it is called a low-pressure system. Libby asked if the trees that are scheduled for removal are in the right-of-way and whether that constitutes a fairly substantial change in the neighborhood. MINUTES OF THE ORONO PLANNING COMMISSION Monday, April 15, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 3 Gronberg noted a substantial portion of those trees would be removed but that they did put in tree protective covenants around the perimeter. There is a 50-foot covenant on the north of Lots 2 and 3 and then it widens out to 100 feet on Lot 4 along the ravine. On the south side of Lots 6 and 7 there is a 50- foot covenant and then 50 feet on the west side of Lots 6 and 7 with the exception of where the road comes through. Libby asked if the trees that are marked for removal are scrub trees or legacy trees. Gronberg indicated they are not the greatest trees and they are listed on the inventory. Erickson stated he would support Staff’s recommendations on Items 1-4 and his only hesitation is on Item 5. Erickson stated he personally prefer a lineal row of trees rather than staggered. Bollis stated in general he likes the lot layout and it appears to be as conforming as it can be. McCutcheon commented it is a beautiful cul-de-sac and that he agrees with the concerns about the wetland. Erickson moved, Bollis seconded, to recommend approval of Application No. LA19-000022, Mike Steadman on behalf of Eric Larson and Andrea Larson Trust, 690 Brown Road, Preliminary Plat, subject to Items 1-5 outlined in Staff report. VOTE: Ayes 7, Nays 0. Date Application Received: March 16, 2019 Date Application Considered as Complete: April 1, 2019 120-Day Review Period Expires: July 30, 2019 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: April 15, 2019 Subject: #LA19-000022, Mike Steadman o/b/o Eric J Larson and Andrea Larson Living Trust, 690 Brown Road, Preliminary Plat Public Hearing Background Eric J Larson and Andrea Larson Living Trust are the owners of 690 Brown Road, a 23. 72 acre parcel on the western shore of Long Lake. The property also includes over 580 feet of frontage on Brown Road North. This project was the subject of a sketch plan (LA18-000095) reviewed in February by the City Council. The council supported that layout, including the proposed minor deviations of lot width due to the concave shoreline. The proposed layout is generally consistent with that proposal. The property generally drops from a high point near Brown Road to Long Lake and includes a number of wetlands, a seasonal creek, and a number of timber areas throughout the site. There is one existing home, this will be retained on proposed lot 6. The proposal includes the creation of a new private road terminating in a cul de sac. This road will intersect with Brown Road at Brown Road’s intersection with Sugarwood Drive to the west. 7 lots are proposed, each meeting the minimum standard for lot size, 2 acres of dry buildable land. All lots will be served with municipal water and sewer. The property is within the MUSA currently. Application Summary: The applicant is requesting preliminary plat approval for a 7 lot single family residential subdivision at 690 Brown Road. Staff Recommendation: Planning Department Staff recommends approval, subject to the conditions outlines below. FILE # LA19-000022 April 15, 2019 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-305 – LR-1A Lot Area/Width: In the LR-1A zoning district, all lots must include a minimum of 2 acres of dry-buildable area, and 200 feet of width. Gross Area Dry Buildable Non- buildable Lot Width (At BSL) At OHWL @ 75' Lot 1 2.04 2.04 206 (At Brown Rd) Lot 2 5.41 4.16 1.25 533 Lot 3 3.08 2.08 1.00 170 Lot 4 3.53 3.45 0.08 202 224 Lot 5 2.33 2.01 0.32 206 220 Lot 6 3.88 3.05 0.83 185 205 Lot 7 2.46 2.41 0.05 428 Items in Bold are non-conforming, but supported by the City Council. Section 78-1403- Structural Coverage All lots being greater than 2.0 acres will be exempt from the structural coverage limitation. Section 78-1680 and 78-1700 -Hardcover Calculations (Stormwater Quality Overlay District) The subject parcel is in Tier 1, due to its proximity to Long Lake and the tributary. Upon subdivision, each lot will be assigned a Tier. These assignments have not been completed. It is anticipated that lots 1-6 will be Tier 1 (25%) and lot 7 may be Tier 2 (30%). Tier assignments will be made as part of the final plat. Analysis Comprehensive Plan. The proposal is consistent with the Comprehensive Plan, including in use and density. Streets. The developer proposes the construction of a single, new private road that will terminate in a cul de sac. The length of the road is 1000 feet, meeting the maximum length requirement. This road will provide vehicular access for all lots. Covenants will be necessary to restrict access onto Brown road for lots 1, 6, and 7. The city engineer is reviewing the street details and will provide comment, to be incorporated into the final construction plans. Utilities. All 7 lots will be served by municipal water and sewer. Water is in Brown Road ROW, and will be used to serve a new main to be located within the new road, and will terminate in a hydrant at the end of the cul de sac. A second hydrant is proposed at the property line between lots 6 and 7. The Fire Chief has recommended a third additional hydrant at the entrance to the neighborhood. Sanitary sewer will be collected and channeled to a new lift station within lot 1. Staff recommends that in lieu of a liftstation for these 6 lots, the sanitary sewer should be a low pressure FILE # LA19-000022 April 15, 2019 Page 3 of 4 system with individually owned pumps at each house. Storm sewer is proposed to be managed via a combination of rain gardens in lots 1, 4, 5, and 6. The remaining stormwater will also be managed by a linear pond on Lot 2. Staff recommends all elements of the storm system required to meet regulatory requirements must be included in and completed as part of the development work. We should not allow future raingardens on lots as a way to meet the overall development needs. Individual rain gardens introduce unnecessary administrative issues at the time of house construction and in perpetuity. Grading. The grading plan shows grading to support the new road and house pads for each lot. Engineering comments related to grading and utilities will be incorporated into the resolution for preliminary plat. Parks. The plan does not include any park area. Park dedication will be satisfied by a cash donation for the 6 new lots. Brown Road includes an existing trail along the west side of Brown Road. No sidewalk is proposed along the new private road. Landscaping. The applicant has provided a landscaping plan, showing 43 trees along the new road, and plantings at the entrance. The number of trees exceeds the requirement of one tree per 40 feet of street. Staff would recommend the trees be planted in clumps, a more natural effect rather than in a linear pattern. The applicant also proposes retention of trees along the perimeter, to preserve the character there. Average Lakeshore setback (ALS). ALS is based on the location of the homes on the adjacent lots. Given two new lake shore lots, and not knowing the timing of construction, the developer proposes an artificial ALS for lots 4 and 5. This is shown on the preliminary plat and protects the views of the existing adjacent lake shore lots. Staff supports this for the intial construction of Lots 4 and 5. Engineer Comments. Engineering comments related to grading and utilities will be incorporated into the resolution for preliminary plat. Their main comments can be summarized into stormwater management and sanitary sewer treatment. Public Comments Staff has received one comment letter, attached as Exhibit I. Issues for Consideration 1. Does the Commission have any issues or concerns with this application? Staff recommends approval of the preliminary plat, subject to the following: 1. Sanitary should be low pressure system with individual privately owned pumps. 2. All elements of the storm system required to meet regulatory requirements must be included in and completed as part of the development work. 3. Engineering comments included in Engineers letter of April 8, 2019. 4. The addition of a fire hydrant at the entrance to the development 5. Reconfiguration of street trees. List of Exhibits Exhibit A. Application Summary Exhibit B. Proposed Plans FILE # LA19-000022 April 15, 2019 Page 4 of 4 Exhibit C. Narrative Exhibit D. Conservation Design Exhibit E. MCWD permit application Exhibit F. City Engineer Memo Exhibit G. Fire Chief Comments Exhibit H. Public hearing mailing information Exhibit I. Public Comment WILLOW BAY SANCTUARY PRELIMINARY PLAT PROJECT NARRATIVE • Executive Summary- This Preliminary Plat implements the land use direction and objectives of the Comprehensive Plan; all lots meet the area, set back and buffer requirements. In addition, with the implementation of the requested connections to City sanitary sewer and water in combination with the storm water management facilities and BMP’s typically required with MCWD review and approval, the water quality of Long Lake, currently assigned a grade of D, will be measurably improved. • The Details- • Eric and Andrea Larson are requesting a review of a Preliminary Plat for a residential development at 690 N. Brown Road, PID # 3411823120007, a 24.37 acre parcel immediately adjacent to and with lake shore on Long Lake. The development objectives are to achieve a reasonable density given the site characteristics and achieve the highest and best use of the property. • The proposed Preliminary Plat includes a total of 7 lots, 6 new lots (2 new lake shore) for single family homes, and 1 lake shore lot with an existing single family residence and one seasonal dock. The driveway for the existing residence will be removed and relocated to intersect the new roadway. • A single roadway access from Brown Road, aligned across from the entrance to the Sugarwoods development is proposed with a cu-de-sac This new roadway is proposed as a 7 ton, 24’ width private road with an HOA responsible for snowplowing and maintenance; the HOA will also be responsible for the maintenance of the MCWD mandated storm water facilities on the project. • There are extensive wetlands on the property, which constitute 14.3% of the land area, not including the required buffers, and an unnamed water source in the north central part of the site. These have been delineated; the delineation was completed by Sambatek via their report dated July 7, 2016; the delineation is current. This report was submitted to MCWD for field verification and acceptance. This action was suspended and will be resumed with this application and field verified in the spring of 2019, when the growing season returns. • Sanitary sewer and water services are proposed as connections to the existing City utility services in Brown Road; this approach was selected due to the environmentally sensitive nature of the parcel and the adjacent lake, with a current lake quality grade of D. The grade differential will probably require a lift station with an emergency generator. Construction is planned for the early summer of 2019 with lots ready for home builders by August 2019. . • Park dedication is proposed as cash in lieu of land, one park dedication credit for the existing residence is requested. • Small utilities will be serviced by a joint trench using services now available on Brown Road, including three phase power for the lift station. • There are also woodlands in the SW and NE areas of the site; the tree preservation and Conservation Design report will address this site characteristic. • The total length of the shoreline, applying the LMCD definition of the line of contact of the body of water in the lake with the non-linear shoreline is 619+/- ft.; Lot 6 is 211+/-ft., Lot 5 is 206+/- ft., and Lot 4 is 202+/- ft. The two required shoreline distances for each lot, applying a linear point to point evaluation standard for an authorized dock for each lot are, 200 feet at the lake shore and 200 feet at the 75 foot setback from the lakeshore. These two requirements are met for new lots 5 and 6; for Lot 4 the 200’ at the 75’ setback is met and 92.5 % of the 200’requirement at the lakeshore is met (185’). This reduced length for lot 4 is due to the application of a linear evaluation requirement to a non-linear condition. Seasonal docks for all three lake lots are therefore justified. • A proposed Average Lakeshore Setback approach is indicated on the Preliminary Plat. AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This item is regarding violation of terms of the plat approval for the Pence Lane Addition. 2. Background. The final plat approval for the Pence Lane Addition was granted by the City Council on November 26, 2018, and was recorded with Hennepin County on February 4, 2019. According to conditions 4 and 6 on page 3 of the final plat resolution, attached as Exhibit A, access to or from Lot 1 over Lot 2 is prohibited. The prohibition was effective the date of the plat recording. Staff has received complaint reports regarding construction traffic serving Lot 1 over Lot 2. In response staff sent a letter on March 25th reminding Mr. and Mrs. Dunkley of the prohibition and the plat conditions of approval. Additional complaints were received resulting in the April 24th letter and the scheduling of this meeting to discuss a solution or revocation of the plat. COUNCIL ACTION REQUESTED Staff is seeking guidance on the best way to secure compliance with the terms and conditions of the approvals. It is apparent to staff that the Dunkleys’ contractors have not been complying with the conditions. The Dunkleys’ contractors are not entitled to utilize the driveway and in fairness to the neighbors/property owners, the condition should be observed. Exhibits A. Final Plat Resolution No. 6819 (Pence Lane Addition) B. Preliminary Plat Resolution No. 6907 C. Letter 03/25/19 D. Letter 04/24/19 E. Site photos Item No.: 26 Date: May 13, 2019 Item Description: LA18-000092 – William & Sue Dunkley, Pence Lane Addition Violation Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report r 11111 Hi II Hill II Doc No T05592423 Certified, filed and/or recorded on Feb 4, 2019 3:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1787631D Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1479201 This cover sheet is now a permanent part of the recorded document. icON0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 6918 4'EsHO A RESOLUTION APPROVING THE PLAT OF PENCE LANE ADDITION FILE NO. LA18-000092 WHEREAS, the City of Orono (hereinafter the "City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, William M. Dunkley and Susan K. Dunkley (a married couple), are the owners of the property addressed 2709 Walters Port Lane (hereinafter the"Owners"); and WHEREAS on October 26, 2018, the Owners applied for Final Plat approval to subdivide the property into two buildable lots and an outlot for the property legally described as: Lot 1, Block 1, Carman Bay Heights; and Lot 4, Block 3, Walters-Port, Hennepin County(hereinafter the "Property"); WHEREAS, at its regular meeting on October 8, 2018, the Orono City Council granted approval for the Preliminary Plat per the findings and conditions of Resolution No. 6907; and WHEREAS, on November 19, 2018, the Final Plat application was deemed complete; and WHEREAS, the Owners have agreed to comply with all conditions of Resolution No. 6907 and has completed or has agreed to complete all other requirements of the platting regulations of the City. NOW, THEREFORE, BE IT RESOLVED, based upon the findings of Resolution No. 6907, the Orono City Council and the City of Orono does hereby approve the plat of PENCE LANE ADDITION, Hennepin County, Minnesota (a copy of which is attached as Exhibit A), subject to the following conditions: 1) Development within PENCE LANE ADDITION is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6907. 1 Okp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y Gt' NO. 6 9 1 8 t-IxFSHO 2) Dedication on the plat of the perimeter Drainage and Utility Easements as required in Resolution 6907. 3) Plans and Specifications. Development within PENCE LANE ADDITION is subject to the City approved plans and specifications: a) Final grading, stormwater, drainage and erosion control plan, dated 11/16/18. b) Final stormwater pollution prevention plan (SWPPP), dated 11/16/18. 4) Access to Lot 1 will be via Walters Port Lane only. 5) Access to Lot 2 will be via the private driveway (Pence Lane) that connects to Kelly Avenue. This access is shared with 2715 Pence Lane. 6) Vehicular access to Pence Lane from Lot 1 is expressly prohibited. 7) The common Pence Lane driveway shared by Lot 2 and 2715 Pence Lane shall be maintained to provide an acceptable driving surface at all times. 8) A covenant to outline responsibility for all future maintenance activities related to the stormwater facilities shall be recorded. 9) A title opinion for the Property and certified copies of all recorded easements currently affecting the Property shall be submitted. 10)A Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, shall be submitted. 11)Payment of Development Fees. Total due: $16,550.00 a. Final plat fee: $500.00. b. Park Dedication Fee: $5,550. c. Stormwater and Drainage Trunk Fee: $10,500.00. 12)Financial Guarantee. The Owners shall submit a final plat review escrow in the amount of 2,500.00 with the final plat application. Additionally, the Owners shall provide a financial guarantee to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, 2 0Atp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6918 G EsHoe- driveways and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. 13)The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 14)The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before May 26, 2019, together with a certified original copy of this resolution and executed copies of the easements and covenants pertinent thereto. 15)No building permit shall be issued until all fees paid, and all documents recorded. 16)Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 26th day of November, 2018. ATTEST: CITY OF ORONO: wgewaQi • Anna Carlson, City Clerk Dennis Walsh, Mayor 3 691 PENCE LANE ADDITION R.T.DOC.NO. Know M persons by Teo presents that Meant M.Duedey.ted Susan K Dunk.Mrbe d sod wife M owners dr.Semen° descried property sauteed S the County of Hennepin,Ste.of Mhw.ote,to wit Lot 1,Block 1,CARMAN SAY HEIGHTS AND Lot 4,Black 3.WALTERS-PORT Have m.u..d Tr.ane S ba survey end gated••PENCE LANE ADDITION,and do hereby dedicate to the public w public roe bore the*einem and Leahy....toms n.sewn on the pat In wares whereof said Mem M.Dtnkey sod Susan K Dunkley,husband and wife have hereunto.t their hands ale day of 20 WILLIAM M.DUNKLEY SUSAN K DUNIKEY STATE OF COUNTY OF Tr.trabornent see rimnwkd9.d 5.bre no Tie- day of 20 .by Wham M.Dudley and Swan K Dvidsy,huotend and wile. Notary Pubic, Canny Neery.Printed name My mrN.tn soiree I M.t S Grandee do hereby certify td tie plot wee prepared by me or seder erect supervision;that Ism duly Licensed Lard Surveyor in the Sete of M W e.ote Tet tlJ.pat N a canoe npre..ma5on dee 0mud.ry envy;Tet se 0.Terr ..debt and WW am comedy dngn.ted On Tie pa;Tet M ncernwee depicted on Ti.Mr hese ben.or M bo corm*set wain one yew.Tett waw boudrw end wet lend.,a•defied in Merced.Sbte.,Section 505.01.Subd.3,.s of Te date of this or06oste ars awn And Idled co his plat andel Able ways ON Hewn end Weldon the per. Deed Ole day d 20 . Mrrk S.Gmnbug Ueaed lad Streyw Minnesota Leen=Hunter 127SS STATE OF COUNTY OF This bebunwd wee W5ewWO.d before roe this dry of 20_by Auk S.Ciun6rys sV Cordy NownsNotaryPublic, ye FMK re My carmeam Cky Card,CN d Cron.,1.11111000111 71:1441d PENCE LANE ADDITION was meowed scored by Te CyCouncild the City d Orono.Minnesota,eta resew rr thereof held Td. day of 20 .sod said pt le In eompera*with the provisions of Marmots Steb40,Section 505.03.1W 2. city Cannel,Gly Of Orono,Mb.t.aa Mayor Clerk RESIDENT AND REAL ESTATE SERVICES.Hennepin Courtly,M.ree0U hereby wary INS*sea melds In w20edprioryes hese been Feld No led describedda. ed Tie plat.dated thisdayd of Mark V.Chapin,CantyAudllor by Depth SURVEY DIVISION,Hennepin Coady,MMe.ote Pewee S MN.STAT.See 353&565,(18651 Td.ple hes teen approved this day of 20_ CM.F.Menlo.County Surveyor By REGISTRAR OF TTTLES.Hwrepn Cprdy Mkuwaa I hereby way Td the wain pit of PENCE LANE ADDITION was fled in this oars W. dry of 20 .t ,aclock_m. Main McCormick Moister re Titles By Deputy GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS SHEET 1 OF 2 SHEETS 6918 PENCE LANE ADDITION R.T.DOC.NO. PHEASANT LAWN" RLS NO3. 10 9 • W 232,90 MN COMM OFr----__ wM 9 00'3425•W 411-03 S toll YM N IKY I it Y 4 '._, Q 1----- Namir2s•E x1xe1- s------ rl.'R 1:1 •._mimiFse 1 31 gI r 1 a' 21 li o I / iI $ Ii BLOCK 1 • j j;,1 1 R UJNA J 7.21C„,I aI x it.' 1`LOT 2 1 e.'a:. I I . iiF arr' rf,I. tt1t1 a\\ . n n t S'•4f` to I L I mud moo um, t tl m, tt." tet. ei- I 1 t l 1 90,OSIC W,92. Wi 1 V. ts E NOIWSaTE lW.EI WALTERS PORT LANE s i } N9E'9x17E wit7..... m Off\\ J NQ- 30.74 OZ ` LOT 1 vIUP .......... own Luleinfr LOT 1 g ` y OPPGP• v rS06- 2417.E i r.uw No x*E4.- o:p.o..l8hr,.l4.MMMm.M L-' 00 lOEr e p,N"lh"a 1xll.R.t0A0 pswe.. xrN.ws.r l.SO OD'EE}..W A L TERS //` PORT u'iu ina b'irh•644.166.63 sxii E L.13.71 DETAIL NOT TO SCALE t a BLOCK 3 b.__.rwuc 9 LOT 4 i i T y I- L a .,;i s.''9 LAKEa 9 N'2r,TE171- „=,,,, _ .' MINNETONKA aqr..14440044.30 60 a+rwr..Z.... 4= 8.10.00 I tx A-amo' NOOY*E 11U0FINELrM CARMAN'S BAY SCALE N RET J, ,w.qLAKEMINNETONKA """ 4".._ ur GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS " SHEET 2 OF 2 SHEETS i STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 26, 2018 with the original thereof on file in my office, and the same is a correct transcription thereof WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 1St day of February, 2019. frz_itg_____I Anna Carlson, City Clerk seal) Cj i'eT „ T r vt r p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y, G`, No. 6 9 0 7 lqkFS H 04 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PLAT OF PENCE LANE ADDITION FILE NO. LA18-000072 WHEREAS, Wiliiam M. Dunkley and Susan K. Dunkley (a married couple), are the owners of the property addressed 2709 Walters Port Lane (hereinafter the"Owners"); and WHEREAS on August 20, 2018, the Owners applied for Preliminary Plat approval to subdivide the property into two buildable lots and an outlot for the property legally described as: Lot 1, Block 1, Carman Bay Heights; and Lot 4, Block 1, Walters-Port, Hennepin County(hereinafter the"Property"); WHEREAS, on September 17, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 17, 2018, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, on October 8, 2018, the City Council continued the public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 8, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on October 8, 2018, and hereby made the following findings with regards to this application: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA18-000072. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 1 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 6907ti Gl' k@SHO 2. The Property is guided for Low-Medium Density Residential in the 2030 Community Management Plan. 3. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District which requires a minimum of 1.0 acres and 140 feet of width; the Property contains 4.57 acres in area and has a defined lot width of over 1,000 feet at the lakeshore. 4. The Property is located within the Metropolitan Urban Service Area (MUSA). Sewer is available to the Property. 5. The Property is within Tier 1 and hardcover on each lot is limited to 25% according to the Stormwater Quality Overlay District Map. 6. The Property will be subdivided as conforming LR-1 B division resulting in 2 buildable lots and an outlot. Both lots conform to the size and width requirements of the City Code for the LR-1 B district and back lot subdivisions. 7. Access to Lot 1 will be via Walters Port Lane; and Lot 2 will be via the Pence Lane private driveway shared with 2715 Pence Lane, which accesses Kelly Avenue on the north. 8. The Owners have prepared grading plans to manage stormwater on site without negatively impacting adjacent parcels. 9. The Park Fee is determined as 8% of the fair market value of the land being subdivided, but must be between a minimum of $3,250 and a maximum of $5,550 per residential dwelling unit. For the proposed development, the Park Fee would be based only on the new lot created. The City's Assessor has determined that the subdivision will be subject to the maximum fee for one lot. 10. The development is subject to the 2018 Stormwater and Drainage Trunk Fee of $5,250 per acre. For the 1.0-acre zoning districts, any lot exceeding 1.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 1.0 acre parcel. 11. The Owners have submitted a Conservation Report prepared by MH3 Design Group LLC which describes the environmental features of the site, defining what natural values of the site should be preserved or enhanced and how that should occur. 2 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s, G No. 6907 qKESH CONCLUSIONS, ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based upon one or more of the above findings, the Orono City Council hereby grants Preliminary Plat Approval to allow the subdivision of the Property into two building lots and one outlot, as depicted on the preliminary plat drawing and grading plans dated 09/25/18 prepared by Gronberg and Associates, attached as Exhibit A, subject to the following conditions: 1) Approval is subject to Minnehaha Creek Watershed District (hereinafter the "MCWD") approval and permits as required. Final Plat approval shall not be granted until the Owners have provided evidence that all required MCWD permits have been obtained. 2) Approval is subject to Hennepin County approval of permits as required. Final Plat approval shall not be granted until the Owners have provided evidence that all required Hennepin County permits have been obtained. 3) The Owners shall address the engineering comments and conditions provided by City Engineer in a memo dated September 20, 2018 attached hereto as Exhibit B with the final development plan submittal. 4) No driveway connection over Lot 2 to the private driveway shared by Lot 2 and 2715 Pence Lane shall be provided for Lot 1 or any other lot. 5) The applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the coverage letter should be submitted prior to any land disturbing activity. 6) The common driveway shared by Lot 2 and 2715 Pence Lane shall be maintained to provide an acceptable driving surFace at all times. 7) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing grading and excavation on the site. All such erosion control measures shall be maintained in working order until the site is vegetated and stabilized. 8) The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. Owners shall identify trees to be preserved on site, shall mark them on a site plan, and shall take extraordinary measures such as fencing, signage, etc. to ensure they are not disturbed. 3 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y G No. 6907 kESH 9) This approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 10) Upon evidence of resettlement history, the Owners shall cease all activity and contact the City and the State Historical Preservation Office prior to proceeding. 11)Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 12)Easements Required. a. Drainage and Utility Easements shall be dedicated to the public on the final plat 10 feet along all exterior property lines, and 5 feet on either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. b. A Drainage and Utility easement shall be dedicated to the public on the plat over the storm water pond area and storm water facilities. c. A Drainage Easement shall be granted over wetlands on the Property. d. Private Road Access Easement and Maintenance Agreement for the shared driveway serving Lot 2 and 2715 Pence Lane. 13)Development Fees: a. Stormwater and Drainaqe Trunk Fee: The development is subject to the 2018 Stormwater and Drainage Trunk Fee of$5,250 per acre. For the 1.0-acre zoning district, any lot exceeding 1.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 1.0 acre parcel. Therefore $5,250 x 2.0 [2 lots x 1.0 = 2.0 total acres] _ $10,500.00. b. Park Dedication Fee: 2018 Park Fee [$5,550 x 1 new lot] _ $5,550. 14) Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval, #o ensure that the proposed plat will accomplish the intended purposes: a) Final grading, drainage and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. 4 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL rro. fi 9 0 7 qKESH¢ Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. b) Final stormwater management plan. c) Final stormwater pollution prevention plan (SWPPP). d) Sufficient detail to meet the recommendations of the City Engineer. 15)Council approval is based on the entire record, above Findings. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 16)Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by filing a Final Plat application within one year of the date of Council approval, or the preliminary plat approvals will expire on that date (October 8, 2019). If Final Plat application has not been approved by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend the effective period of the preliminary plat. FINAL SUBMITTALS: Owners shall complete all requirements for Final Plat Approval as follows. The following list of final submittals must be submitted to the Planning Department at least four(4)weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record Plat Drawings. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" = 200'. A digital copy is also required. Drawing to include: a. Lot lines platted per preliminary plat survey/drawing by Gronberg and Associates dated 10/03/18 attached hereto as Exhibit A, except as modified herein. b. Dedication of"Drainage and Utility Easements" 10' along exterior property lines, 5' along the interior property lines, and over the storm water ponds, ditches and facilities. c. Dedication of"Drainage Easements" over the wetlands and drainageways. d. Name of plat. 5 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y No. b o n 7 K6S H 4 2. Legal documents required: a. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b. The Owners must provide certified copies of all recorded easements currently affecting the Property. c. Signed Developers Agreement and Letter of Credit for construction of development improvements. The City Engineer shall confirm the amount to be provided in the Letter of Credit. d. A Drainage and Utility Easement shall be granted over the perimeter and driveway of Outlot A. e. Access easements shall be provided over Outlot A for proposed Lot 2 and 2715 Pence Lane; a Maintenance Agreement for the driveway improvement should also be prepared by the Owners. 3. Financial Guarantee. The Owners shall submit a final plat review escrow in the amount of$2,500.00 with the final plat application. Additionally, the Development Agreement shall include a financial guarantee by the Owners to ensure the completion of site improvements. The City Engineer shall complete an estimate of improvement costs, including but not limited to storm sewers, landscaping, grading, erosion control, utilities, driveways and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the improvement costs. 4. Plat approval fees to be paid: Total due: $16,550.00 a. Final plat fee: $500.00. b. Park Dedication Fee: $5,550. c. Stormwater and Drainage Trunk Fee: $10,500.00. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 6 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y, G' rro. 6 9 0 7 kEsxo. ADOPTED by the Orono City Council on this 8th day of October, 2018. ATTEST: CITY O R Anna Carlson, City Clerk Dennis Walsh, Mayor 7 Ilwol Na_Nlbit• u saoaore PENCE LANE ADDITION p' 2 PRELIMINARY PLAT AND CERTIFICATE OF SURVEY FOR t"" 5 B9'S9'22"E nss. WILLIAM DUNKLEY f...+-.:-"...._............ "! N g5 13 74 \ i ' IN CARMAN BAY HEIGHTS & WALTERS—PORT i,o `i HENNEPIN COUNTY, MINNESOTA f i `,,,, "'°" '°' i ! i o i \\ Y""a..:<•'T i i I I t \ \ i t \ i s r ' 3,`\ S al 1 0 i OUTLO \A i 'F 12a o ot u C I 0 SO 80 I ao- c. I/ z m cce om+ev. u Y......_......srxr ru ooc 1/ , I 0 nw I/ o scr w Fe i i F'.., '" °_.., m J n• i a Y - c--j--.''I y i I \\ i I Txor____'__ .)1 I ; I I I_____--asa` ... i5. I m 1..,.Y+ : f---_----- OPOSED \I L OWNER: y--_--__- 5 yb I7_____a\ 1WiniamhSuswDurkleya \ y. 1 i 1 ',I2709WalteraPrntLane EXISTNC LECAL OESCRIPilONS: Orono.MN 55331 i.\\ I 1` Ir___ 1 Lat 1.Bbck 1 CARMAN BAY NEIGHTS TONMC=LR-18 yy\ i l ' o '' Lot 4,Block 3,WNlTERS-PORT Told area=4.51:Ac. I _ --- \'I\ e: aenotes JUEicid lor bnark(aunE Dry area=1.36'Ac. I ``---_\ \ \ I Eenotes iron mwker found ypg.J: Cenotes eKilsing apol elevailon,meon sea level Ealum 1 q--: Denolae exiating countow,mean aea levei Eatum b / \\ . .\\ \ \II I I NOTE Treea are shown Irom a swvey Oy otnare. O ( I \1+II I I I H i I '\\ ' V s m s swv y mteoas<o sno.ine eowwarres or me move aeaa,teea a.ov<rty,am me 9 I i•h i =Ixalion of sevaal ewrsling builOinga,relaining walls,Crives,spol levaliona,lopogrophy, t' I II F nE visible"arCcover,orq lhe propoaeE location ol a proncaed Eivitling line t erean. it tloes nol purport[o sMw any olher imp ovements o e roac ments. a 4xaam , 7 1 1.i la I;i u I ` o.s c.! _.- rt el f .I....L.'_"...r^°' %/// i I' m 1 ji i Ij R:10.00 5 99'27'1]"E riorz: wwc xa¢ia w rum mw rarr.[wwr s-u ii// I // 4=90•00'00••- umal,.____. y / / 18.00 L 15.11 i / Yy cvmoe nwrt ss 1_ I 1• z9OT. o+/i l/ — / '/i ao i _-au i / l^. f E j I 1- l w,-' I \ O6'2 W \. -( .;Y2 p0 5•43"E r -' ' ii B3°3 g_ 1 . i',i ...1]9.68__............. . __ 1 o w PL- , g __- - /' ` u ' I 0 T 4" , f_ - a ""' lo _ p a _ },,; == r f__-pe 1 II m; I-r', i "°" . i;,'ao"1 _`-c----_ ,- i i I i i Yji I u u, m W. ___- n-___>-- _' —'-'n. ii iT i 9°." i .. .__. a_. ,y i . ' LOw 1 i ' . i i io;.. i ao'°' ' I t iin n w''t' i'"i OO(:w.v /LOT 2 " i i i W 1.b1 AC1 1. '3 I I / PROPOS£D lOT AREM1 I I N '0 y 1_ 7 j EXISTING i \li I 'r i I i i Y I I I usYA g `\ \ 'HOUSE i m' % u e . i 6 \`j.4 c rz o9 d Cv . / "I ,______ n^'_^__ I / 1 A) 1R ; ,. ,tp.'\\ a,r4 \` \\\ y__l__' I ,..,..._,_ N BB•Sa'17"W 146.30 •—/i o,% r' , [ qy / 4 .:. . r I %3 /` 4' J T'% S'CyTS iiil , M.< 1 ,% $ I \ i . \ i l _ Iwa l IIII I ll\Y'\ 1, 1 ` hZ '/ `N I l1 ' ., \, \` y ;' LOT 2 7 a, ir, . , a , LAKE 1' ' 4 ' ,;., , ' ! I ` % 1 . ' \ \ \i _ a,E MINNETONKA q ;.;;\ ;, \ \""; , I s s: ......__ \_..... .:__* . CARMAN'S BAY in t = .,....„Fo.,m.-. r ,-,1°".,,_'°" ',\ a,,. aw'-- ae.p a`''`y'a"a:L«N" PROJECT GRONBERG & ASSOCIATES, INC. I IM StNaQof ulmasoa. s"1! LIYIL SNGINN8R9.LANO BURVCYORS,LAND PLANN8A9 ap.45 NORTH WILOW DPoVE LONG IAKE,AW 55356 uvx S uorou MnEs iT)55 95f-1]J-61/1 Ol PENCE LANE ADDITION R.T.DOC.NO. C.R.DOC.NO. Know all persons by theca preaenb Me1 Wlliam M.Dunkky end Suaan K Dunkley,husbeM an0 w'rfe lee ownera of the idlowing tlescrihed praperty slluateE In Me Couny of Hennepin,Stete M Minneaote,to wR: Lot 1,Block 7,CARMAN BAY HEIGHTS AND Lot 4,&ock 3,WAL7ERSPORT Heve cauaetl Cre seme ro Ca wrvey anO pattetl as PENCE LANE ADDITION,erM Ea hereby tletlicete to tl e W Dlic lor puDlic use orever Me pudic way aM the arenapa erd ulilily eesemer ta as shown on me pat. In wi6 esa whereaf said WYliem M.DUMUey a W Susan K Dunkley,husband end wifa have hereunto sel their aMs Mia_dey m zo_ WILLUUA M.DUNKLEV SUSAN K.DUNKLEV STATE OF COUNN OF Tliia irwWment was ackrwwleOped befare me this tlay o( 20 ,by Williem M.Dunkley end Sueen K DunlOey,M ebenC e M wHa. Natery Public._Counq Notarys qinted neme My camrvabn eapirea I Merk S.Gronberp tlo hereby ceNfy tlut thia plet wae prapered by me or untler my direct supeMeion;t at I em a tluy Licensetl LerM Surveyw in tlre Stale of Minnesota;Met this plat ie e corted raprese rtatlon of the boundery auney:Ihat ell maMemeGwl tlala eiW Iabeis are coinctly tlesignetetl on Mis p1aC that all rtronumenp tleDicted on this plat heve been.w wiN 6e corteNy sat wiThin o re year,Me[all wabr bounOanas eM wet IenOs,ae defined in Minnecola StaWes,SacUon 505.07,SuEd.3,as M IM date M tlus certlficale ere Mown an0lebleE on Mis pla[;arW all publk weys are alwwn antl lebeled on tAis Wat Detetl thie_day of 20_ Mark S.Granherg Lkeneed LaM Surveyor Minneeota Lkenae rwmber 12755 STATE OF COUNTV OF This Inswment wm erknowleCpetl beWre me this_day of 20_Dy Merk S.GronDeig. NOWY WbYc._CamN Notarri DMnted name My mmmic on eYpires Ciry Coundl,Ciry of Orono,Minnesofa Tliia plat o(PENCE LANO ADDITION was approved end axaD M Cdy Cow tll of Uie City of Orono,Minnesofa,at e regular meeti g Mereor nem mis_aey or zo .ana eaie pla is in con,q+anoe vriM Mme wovfarons or nannesom Sia[utes,Section 505.03,Subd.2.Ciry Coundl,Cily OI Orono,Minnaeote Mayor Clark RESIDENT AND REAL ESTATE SERVICES,Hen reqn County,Minnewfa 1 haraby ceNty Met texes payable In 20_arM priw years have been paid for lend deauiEed on Mis plat,Oated t le_dey of 20_ Mark V.C apin,Counly Autlitor By Depuy SURVEY DMSION,Hennepin Counry,Minrrewfa Punua rt M MN.STAT.Sec.3838.585,(1989),Mis plal hes heen epproveO Mia day of 20_. CMie F.Mavo,Counly Surveyor By REGISTRAH OF T1TLE5,Henrie{wn County,Mim eaola I Mreby certiy Mat Ne within plat of PENCE LANE ADDITION was remrded in Mis ofice ttxs day of 20_,et_o'dock_.M. Mertln McCo midc,Registrar o(Tmes By DaP H I GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS SHEET 1 OF 2 SHEETS 6907 PENCE LANE ADDITION R.T.DOC.NO. C.R.DOC.NO. S.Z,,W Z3Z P H E A S a N T L A W N Y---- a i w s oo•sa7s w a a.s3 i b i i 'e ,ua e w i pv, i i r Tr _ i ; ; a I - .- -- ---------i' I .I i ;N N UO'34'2$'E 21211 3 C I Iw r I eipiii a't's i e i FJ- 1 'i i i re=I J s,.•w i ..F m i 3 ii i i i i iy i wi i i iw ii ' °,, 1 LOT 2 9 i i i i w a e ` y, 1 1 i I I I I I 1 . l3 a r° I I I I M ;,n$ 1 I , n m ira ' i i i i i i i rE` m s s,rE 1 r c y e os,,,.u ----- o"p' T'''".l , s WaGp.m Q ° \ e... 1-_—, m.,. a, ,e , .e, o.00 sorosamwiaa..a F------ `< —---P „Norosva•e soc.ei NIALTERS PGRT LANE a c..eE.,.e» e i„ ,' . e,e3 — N 58°5T12'E I lJ e om ' ._ —____ 30.74 I ! r f 1 m i C V I z ii LOT 1 v ai_ i niR i i i i 7i iilSO6'24'1T E., 20.00 0 p// I e.–_____y-____'_'_ Decw bneM CwW mmmvn Daab lrzYMfwtlYmnmrker.rMeO O.Mqn12MAz1/Yd enhonme kr i S01'OS'40'W—.'.-- u VVALTERS ;'—PORT \ , a, ;, a' ,o' BLOCK , ;' 3 x;' m..,. L.0 T 4m ; i e i T' LAKE o a,,...,.o b a.. 1____L–___L___ S 89"2717'E '%rs i w„_,m,,,,r..,,,m,,,.6 r MINNETONKA o ao eo xo n a...d,o... i v+a ro+a:ry.. r' R=10.00 . eEc ar N0p'ffi'q3'E 11820 mM. CARMAN'S BAYwnucor xw nw www¢eav oxasw¢wa areuwn.r.a n nrww sa aa.rmmw wrN e'+w u neiw.Eo oei.x xrax nwrrawwaaSCALENFEET i__—_'__ oriv.ua.rnn p .nae.vua oruvwe.a«r.w..m.aR..ww m a_-_ y w...umwN00']]'3'E s GRONBERG&ASSOCIATES,INC. ENGINEERS,LAND SURVEYORS,PLANNERS "''" "' n SHEET 2 OF 2 SHEETS In BOLTON 69071MENK Real People. Real Solutions. Resol. No. Exhibit B LA18-000072 September 20, 2018 City of Orono Attn: Melanie Curtis 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application LA18-000072 2709 Walters Port Lane Engineering Review#1 Dear Melanie: As requested, 1 have completed an engineering review of the documents s ibmitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1. The applicant will be required to obtain Minnehaha Creek Watershed District(MCWD) approval and permitting. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 2. The applicant will be required to obtain a General Consiruction Permit(NPDES)to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the coverage letter sho ld be submitted prior to any land disturbing activity. 3. Final Plans should include a Stormwater Pollution Prevention Plan meeting NPDES requirements. 4. Insufficient data has been provided to review grading and erosion control. Existing contours should indicate condition prior to any grading. Proposed spot elevations and contours should be provided to adequately define grading and drainage after completion of improvements. Perimeter erosion control measures should be indicated down gradient from all proposed work. Where disturbance is proposed within 50' of the wetland or Lake Minnetonka, redundant measures must be installed. Redundant measures must be installed a minimum 5' apart. 5. Perimeter erosion control measures should be installed by the Contractor and inspected by the City prior to any work. A minim i n 24 hour notice must be provided prior to inspection. 6. Drainage and Utility Easements should be provided as follows: a. Over all wetland buffers. b. All swales and piping providing drainage for multiple properties. c. 5' along all side lot lines. d. 10' along all front lot lines. 7. Proposed improvements will significantly increase the amount of runoff directed toward the structure at 2707 Walters Port Lane. Inlets, pipes, and swales should be provided as necessary to restrict runoff directed toward the structure to that of existing conditions. 8. The common driveway shared by 2715 Pence Lane should be maintained as necessary to provide an acceptable driving surface at all times. Currently, the portion of the driveway between the culvert and the connection to 2715 Pence Lane is unacceptable. Class 5 aggregate should be placed as necessary to provide an adequate driving surface. The aggregate should be H:AORNOVC131154II6\-LA18-000072_2709 Wal[ers PorCLanc\2709WaI[ersPortlane_PrePlatRevicw-1 201fl-09-20.docx Bp1Ypn&Menk is an eq al cpportunity employe. Preliminary Plat Application LA18-000072 2709 Walters Port Lane L A O Page 2 v 7 refreshed as necessary to maintain this surface throughout construction. 9. The condition of the existing culvert under the common driveway is poor. The existing culvert should be removed and replaced, and a new apron and riprap should be installed. Details should be included accordingly. 10. If fill is to be placed in the area west of the common driveway, the existing culvert should be extended to match the proposed slope. 11. Several stockpiles are located throughout the site. Stockpiles locations should be indicated on plan, and adequate erosion control should be placed around them as necessary. If you have any questions or comments, please contact me to discuss. Sincerely, Bolton &Menk, Inc. CI'IJ iJ" '<-C.'C fj(G Robert E. Bean,Jr., P.E. Water Resources Engineer CC: Adam Edwards, City of Orono H:AORNOVC13115hf36\z-LA18-000072 2709 Walters PortLane\2709Wa1[ersPorLLane_PrePla[Review4_2078-09-20.docx Bo'ton.Menk is an eq ai oppertumiy employer March 25, 2019 *Sent via email SUBJECT: Resolution No. 6918 – Pence Lane Addition Lot 1, Pence Lane Addition: 2709 Walters Port Ln Lot 2, Pence Lane Addition: 2710 Pence Lane Dear Mr. & Mrs. Dunkley: It has come to the City’s attention that contractors working on the project on Lot 1 may have been accessing over the Pence Lane driveway, and across Lot 2. The purpose of this letter is to remind you about the access restrictions relating to the private driveway known as “Pence Lane”. According to Resolution No. 6918 (attached) approving the plat of the Pence Lane Addition, there shall be no access to Lot 1 (2709 Walters Port Lane) via the Pence Lane private driveway or across Lot 2 (2710 Pence Lane). No vehicular access from Lot 1 is permitted over Pence Lane. This is your official notice that this practice is to be discontinued immediately and shall not continue in the future. Please note, violation of the Plat approval may result in revocation of said approval. Further also according to Resolution No. 6918, the Pence Lane driveway must be maintained in an acceptable driving condition at all times. If you have questions or require assistance please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us or Roger Peitso at 952.249.4625. Sincerely, CITY OF ORONO enclosure Bill and Sue Dunkley 3405 Annapolis La N #100 Plymouth, MN 55447 bdunkely@dunkleybennett.com sdunkley@kidsquest.com Eric Vogstrom 2618 Casco Point Rd Wayzata, MN 55391 eric@vogstrom.com Paul Vogstrom 10231 Beebe Lake Rd Hanover, MN 55341 vogstrom@gmail.com Melanie Curtis Planner Roger Peitso Building Official April 24, 2019 Certified Mail No: 7014 0510 0001 6932 2641 SUBJECT: Resolution No. 6918 – Pence Lane Addition Lot 1, Pence Lane Addition: 2709 Walters Port Lane Lot 2, Pence Lane Addition: 2710 Pence Lane Dear Mr. & Mrs. Dunkley: It has come to the City’s attention that contractors working on the project on Lot 1 have been continuing to enter and/or exit Lot 1 over the Pence Lane driveway across Lot 2, in violation of the terms of Resolution No. 6918 , paragraphs 4 and 6 (full resolution attached) approving the plat of the Pence Lane Addition. On March 25, I sent letter reminding you of the access restrictions relating to the private driveway known as “Pence Lane”. According to Resolution No. 6918, there shall be no access to Lot 1 (2709 Walters Port Lane) via the Pence Lane private driveway or across Lot 2 (2710 Pence Lane). No vehicular connection between Lot 1 and Pence Lane is permitted. I understand your contractor has tried to enforce the access restrictions with your subcontractors; these efforts have been unsuccessful. Because this activity has not ceased, at their regular meeting on May 13, 2019 the City Council will consider revocation of Resolution No. 6918. Revocation of the plat will require the City to stop work on Lot 2. I recommend you attend this meeting to address the issues and to provide a permanent, perhaps physical, solution to the continued violation. If you have questions please contact me at 952.249.4627 or mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORONO Copies via email & US Mail encl: Resolution No. 6918 03/25/19 Violation Letter Bill and Sue Dunkley 3405 Annapolis La N #100 Plymouth, MN 55447 bdunkley@dunkleybennett.com sdunkley@kidsquest.com Eric Vogstrom 2618 Casco Point Rd Wayzata, MN 55391 eric@vogstrom.com Paul Vogstrom 10231 Beebe Lake Rd Hanover, MN 55341 vogstrom@gmail.com Melanie Curtis Planner Photo taken April 22, 2019 at 8:55 am Van accessed Lot 1 via Lot 2 over Pence Lane April 24, 2019 The van arrived at 8:00 am and the car next to the truck, just before at 7:50 am to Lot 1 over Lot 2 via Pence Lane driveway. AGENDA ITEM Prepared By: DJR Reviewed By: DJR Approved By: DJR 1. Purpose: To present a city wide mission statement, visions statement and goals 2. Background: Staff presented variations of a mission statement, vision statement and a list of goals at the January work session. Staff reviewed comments and direction discussed in the meeting. The attached exhibit summarizes those comments into a single mission statement, vision statement and 4 city wide goals. The adoption of the mission, vision and goals will subsequently trigger the development and/or realignment of departmental mission, vision and goals to be developed or revised. The departmental mission, vision and goals will be presented as a part of the budget process, with official adoption of the departmental goals by council at the preliminary levy meeting in September. 3. Staff Recommendation: City Administrator recommends adoption of the City of Orono, Mission Statement, Vision Statement and Goals. COUNCIL ACTION REQUESTED Motion to adopt the City Mission, Vision and Goals. Exhibits A. Mission, Vision and Goals Reference A. City Mission Vision Goals Draft B. Minutes from January 28, 2019 work session Item No.: 27 Date: May 13, 2018 Item Description: City Mission, Vision, and Goals Presenter: Dustin Rief, City Administrator Agenda Section: City Administrator Page 1 of 1 Exhibit A City of Orono Mission, Vision and Goals Mission Statement The City of Orono will provide effective guidance through public policy established from citizen involvement, by empowering staff to implement best practices to prepare Orono for any challenges of the future and by ensuring a positive customer experience, superior municipal services and provide a safe community for the residents, businesses and customers to live, work and play in. Vision Statement To be the residential community of choice and remain widely recognized for its preservation of natural rural beauty, quality of life, and recreational assets. Goals 1. To provide consistent high levels of customer service to our residents and balance the enforcement of city codes 2. To maintain sustainable funding for infrastructure while maintaining a stable tax levy 3. To create a culture of continuous improvement by providing efficient and reliable government services 4. To adopt best practices into city processes to ensure the high quality services are provided in an ever-changing environment AGENDA ITEM Prepared By: DJR Reviewed By: DJR Approved By: DJR 1. Purpose: To present a proposal to purchase and requests authorization to engage an appraiser on behalf of the City of Orono and entering into preliminary negotiations of a purchase agreement. 2. Background: The City of Orono owns Parcel ID 3411823320051 located between 340 Willow Drive, and Long Lake municipal boundary on the east. The parcel currently has a community garden that is leased from the city. The parcel was re-platted during the development of the Fire Department. The Fire department agreement with Long Lake does provide for opportunity to connect 350 sewer units and water dependent upon capacity. 3. Staff Recommendation: Staff recommends authorizing staff to engage an appraiser and enter into discussion and stipulations surrounding a purchase agreement of Parcel ID 3411823320051. COUNCIL ACTION REQUESTED Motion to authorize staff to engage an appraiser to provide the City an appraisal value and to authorize staff to enter into discussions and stipulations surrounding a purchase agreement of the parcel as identified Exhibits A. Proposal to Purchase PID 34-118-23-32-0051 Item No.: 28 Date: May 13, 2019 Item Description: Proposal to Purchase PID# 34-118-23-32-0051 Presenter: Dustin Rief, City Administrator Agenda Section: City Administrator Report April 8th 2019 City Of Orono Att: Dustin Reif 2750 Kelley Parkway Orono, MN 55356 In regard to the property located behind the Long Lake Fire Station in Orono with PID: 3411823320051 (3.41 acres). Our intention is to purchase this parcel of land propose and develop a plan that will fit within the guidelines of an R-PUD for the site. This purchase will be subject to an appraisal and a following purchase price that allow the economics to work for the development to be possible. Respectfully, Tony Sarenpa 612-805-6890 May 3, 2019 Sathre-Berquist Attn: Dan Schmidt VIA EMAIL 150 South Broadway schmidt@sathre.com Wayzata, MN 55391 Re: Project adjacent to Fire-station on Willow Dan, Thank you for allowing me to provide comment on the proposed multi-family development to the North, East, and South of the Fire Station on Willow Drive. The following comments represent my initial comments and observations, additional comments may be developed as review continues or additional information is provided. I understand the project will be developed as an RPUD, which is governed by Division II of the Zoning Code, starting at Section 78-621. You have been provided a copy of these regulations and the link is included. As I noted in our meeting on May 2, 2019, there is not a lot of greenfield property available, especially for areas appropriate for higher density. I anticipate the Council and Planning Commission reviewing potential projects very carefully in light of the standards of the RPUD zoning district. Streets/ Trails 1. Fire Station Drive is a public road. There should be a cul de sac at its eastern terminus as a transition between the public and private internal roads. 2. All cul de sacs should include a 50’ wide radius. 3. Private streets should include 50 feet width and 28 feet of pavement width. A minimum 20 foot front yard setback will be measured from the edge of the ROW. 4. Sidewalks are recommended along the streets of high density residential projects. 5. If a trail is proposed to connect to the Long Lake park system, acknowledgment from the city of Long Lake is necessary. 6. Staff is concerned with the extension of the private drive 1 to the west. At minimum, a cul de sac will need to be installed, and the method of preserving the emergency access, if retained, will need to be reviewed. Architecture 7. The design, materials, and layouts, of the structures will be critical. Review the RPUD standards carefully when choosing the building product. 8. Some variety of the facades along Glendale Drive is recommended. Setbacks/ RPUD requirements 9. The RPUD district suggests the following setbacks, for multi-family projects. a. 35 feet from all exterior property lines. 10. For single family detached projects: a. 15,000 sq ft min b. 90 feet of lot width c. Min front yard, 25 feet, 35 on exterior streets. I can support the smaller lot sizes and setbacks for the single family because this housing type acts as a buffer between the higher density units to the north and the lower density units to the south. 11. The separation of 10 feet from the buildings and the fire station parking lot does not seem adequate. Staff recommends the addition of a berm and landscaping to separate these uses. 12. The City Council may approve flexibility from the standards if they find that strict adherence to the standards is not required to meet the intent of this section or to protect the health, safety or welfare of the residents of the RPUD or the city. 13. Staff has concern with the configuration of the two townhome buildings at the SW corner of Drives 2 and 1, where the rear of the units on Drive 1 looks directly at the side of the units on Drive 2. These buildings should be separated. 14. The RPUD regulations require 10% of non0public recreational space. The location and configuration of this will likely alter the layout. Fire Comments 15. You have been provided comments from the Fire Chief. Engineering comments 16. There is some concern over placement of north access. While it is listed as emergency only, we’ll need to have something to make sure that access is indeed restricted to emergency only. 17. Water and sewer would be provided by Long Lake per an agreement dated 2002. 18. The city will require row and utility easement over Glendale Drive 19. Drainage in the area has been an issue. The property generally drain from West to East, into Long Lake. Downstream improvements may be necessary to get the Stormwater management to work properly. 20. The MCWD will need to approve all stormwater management measures. 21. It is strongly encouraged to hold a neighborhood meeting with adjacent neighbors, to educate them on your proposal. While the Sketch plan review process is not a public hearing, the Planning Commission is a public meeting, and many Orono residents review the Planning Commission agendas carefully. It is recommended to revise your plans based on the comments above, and the RPUD standards. The next available review by the Planning Commission is June 17th, the application deadline for that meeting is May 22, 2019. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart, AICP Community Development Director From:Adam Edwards To:Jeremy Barnhart Subject:RE: Station"s Landing - Proposed Development Date:Friday, April 26, 2019 4:03:35 PM Jeremy, Initial thoughts: 1. Concern over placement of north access. Listed as emergency only, but we’d need to have them do something to make sure that access is indeed restricted to emergency only. 2. Water and sewer would be provided by Long Lake per the agreement dated 2002. 3. Will need a row and utility easement over Glendale Drive (there is not one there now that I can find a record of) 4. Drainage in the area has been an issues. The property generally drain from West to East, into Long Lake. Downstream improvements may be necessary to get he Stormwater management to work properly. Adam From: Jeremy Barnhart Sent: Friday, April 26, 2019 3:28 PM To: Adam Edwards <aedwards@ci.orono.mn.us> Subject: FW: Station's Landing - Proposed Development Initial thoughts? From: Dan Schmidt [mailto:schmidt@sathre.com] Sent: Tuesday, April 23, 2019 12:29 PM To: jvaneyll@longlakemn.gov Cc: Jeremy Barnhart <jbarnhart@ci.orono.mn.us>; Tony Sarenpa <tony@sarenpa.com> Subject: Station's Landing - Proposed Development James We would like the opportunity to discuss fire access on this development. I have attached preliminary sketch for your comment. I can be reached at 952-476-6000 with any questions. Thanks Dan ______________________________________ Dan Schmidt Sathre-Bergquist, Inc. (952) 476-6000 Office (612) 741-9830 Mobile _________________________________ From:Dan Schmidt To:James Van Eyll Cc:Jeremy Barnhart; Tony Sarenpa Subject:RE: Station"s Landing - Proposed Development Date:Wednesday, April 24, 2019 3:45:08 PM Attachments:image001.png image004.png image005.png James Thanks for getting back to us. 1. Whose water supply system will you be using for these homes? Long Lake or Orono’s? I believe it would be Orono, Jeremy might better know that answer. 2. How wide is the narrowest width of your private road? Road 1(main road) is 28’ BB. Road 2 and 3 are 24 ft BB. 3. I don’t see any hydrant locations. What is the plan for placement? We aren’t that far along yet, but we plan to place them as needed or directed by the City of Orono. 4. What is the maximum height for these homes? 26 feet Median approximately, 33 feet to peak approximately Thanks Dan ______________________________________ Dan Schmidt Sathre-Bergquist, Inc. (952) 476-6000 Office (612) 741-9830 Mobile _________________________________ From: James Van Eyll <jvaneyll@longlakemn.gov> Sent: Wednesday, April 24, 2019 2:47 PM To: Dan Schmidt <schmidt@sathre.com> Cc: Barnhart Jeremy <jbarnhart@ci.orono.mn.us>; Tony Sarenpa <tony@sarenpa.com> Subject: Re: Station's Landing - Proposed Development Hi Dan, I have a few questions 1. Whose water supply system will you be using for these homes? Long Lake or Orono’s? 2. How wide is the narrowest width of your private road? 3. I don’t see any hydrant locations. What is the plan for placement? 4. What is the maximum height for these homes? James Van Eyll Fire Chief Long Lake Fire Department jvaneyll@longlakemn.gov On Apr 23, 2019, at 12:29 PM, Dan Schmidt <schmidt@sathre.com> wrote: James We would like the opportunity to discuss fire access on this development. I have attached preliminary sketch for your comment. I can be reached at 952-476-6000 with any questions. Thanks Dan ______________________________________ Dan Schmidt Sathre-Bergquist, Inc. (952) 476-6000 Office (612) 741-9830 Mobile _________________________________ <ORONO BASE 04232019 red.pdf> The Donation Garden is a 501(c)(3) non-profi t organization. the Donation Garden, Inc. 1315 Woodhill Avenue • Wayzata, MN 55391 • 952-473-4666 • www.thedonationgarden.org The Donation Garden May 13, 2019 City of Orono, Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Orono City Staff Re: Item 28 - City Council Agenda - Proposal to Purchase PID#34-118-23-32-0051 Dear Mayor, Council, and Staff, On behalf of The Donation Garden, Inc., I am submitting these letters sent written by supporters of The Donation Garden. This document is in response to the possible development of land that the garden leases located behind the Long Lake Fire Department in Orono. Please enter this document and the letters that follow in this document into the public record on this day, May 13, 2019. We strongly encourage the city administrator, mayor, council and staff to pay special attention to these comments. The comments come from within the city and outside because that is the reach of the Donation Garden. So many support the garden...fi nancially, with time and talent, and with a belief in the practice of coming together and helping one another. That is called Community. We ask that you take into consideration broader issues in lieu of development....community, outreach, sustainability, preservation, green space, education, health, local food production, and becoming the western suburb leader in promoting these values. We have to look forward for our children and those generations beyond. It is our responsibility. We see great possibilities for this precious land and hope that you do, too. We thank the city for its support and use of the land and we hope that your support continues. Sincerely, Janie Delaney 1315 Woodhill Avenue Orono, MN 55391 952-473-4666 2 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I am so impressed with the achievements of the Donation Garden in Long Lake. With all the work done by volunteers and with materials donated from local businesses the garden is a wonderful example of communities taking care of their own people. All the almost 2,700 pounds of fresh organic vegetables, fruit and herbs are donated to local food shelves, providing healthy alternatives to inexpensive often low nutrition food that lower income people can afford. I have been so impressed that, as Program Chair of the Lake Minnetonka Garden Club, our members will be touring the Donation Garden and the St. Therese Giving Garden as part of our summer 2019 program season. The Lake Minnetonka Garden Club isn’t your average garden club. This is the club that purchased the original land and donated it to be come the Minnesota Landscape Arboretum. Our members remain very involved with the Arboretum, 5 currently serve on it’s Board of Directors. We are very interested in the local organic (Farm To Table) food movement and will be spending almost a year studying many of it’s aspects. We feel that the Donation Garden in Long Lake is on the forefront of a very important fundamental change in how we get our food. And they are doing this right. They have worked with Greg Reynolds of Riverbend Farm to master the fundamentals of organic gardening. Greg and his wife Mary are the 2015 winners of the MOSES organic farmer of the year award, a very prestigious Midwest honor. The Donation Garden is a program that shows that the City of Long Lake cares about those in its community that are less fortunate, cares and takes action to help. It is a very valuable resource that must be maintained. Thank you, Dustin Macgregor Program Chair Lake Minnetonka Garden Club 3 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Our family is a huge supporter of The Donation Garden. Not only is knowing Orono supports open space for the benefit of those who are food insecure, it makes great use of what feels like an industrial interface in town. It feels like the perfect place for this really important non-profit, and is a location accessible to the community, too. Having served on the Comprehensive Plan advisory committee for our 2040 planning last year, I know that this land is not needed to meet our Met Council goals for growth, so I am left wondering why the city would consider selling this land, as I was given the impression we don’t operate at the benefit of developers. I’d like to see the City to hold this land and continue to lease the land to The Donation Garden for the benefit of our larger western Twin Cities community, and especially those families and individuals in need. There are hungry mouths in and around our community. And we can make a difference in their lives through this garden. We are in a unique situation to have this land and to be a leader in the west Metro with The Donation Garden. This is a huge asset to our town and community and would be heartbroken to see this land be sold for development. There is plenty of development in Orono, and it would be more forward-thinking to permit a longer-term lease for The Donation Garden in my opinion. Let’s keep this space open and maybe even expand it to a larger community garden space. Gardens are a place of connection across all walks of life. I hope the Council will hold this space and support this important community asset. Thank you, Meg Cowden _________________________ meg cowden https://megcowden.com instagram.com/seedtofork 4 May 13, 2019 As a 35-year resident of both Orono and New York City and professional garden designer, I am saddened and surprised that the space currently occupied by The Donation Garden behind the Orono Fire Department is currently slated for development. It is grossly unfair to the people of lesser means in these communities that money and might makes right. As well, the City of Orono has a long history of preservation of open spaces and parks, and has committed itself to such as a matter of policy. In essence, gardens and food are the basics of life here on earth, which we continually see threatened today by development. I ask the members of City government, some of whom are elected by all—City Administrator Dennis Rief, Mayor Dennis Walsh, Council Members Aaron Printup, Richard Crosby, Victoria Seals and Matt Johnson and City Clerk Anna Carlson to reconsider business as usual tactics in city government and embrace preservation as is our history, right and legacy. Thank you. Steven J. Ruce Principal, Heliotrope Garden Design 5 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk The volunteers who tend the Donation Garden are doing vital work to help people include fresh, healthy vegetables in their diets. I manage the MSHS program Minnesota Green, which coordinates donations of plants to community gardens, and I was so impressed with their efforts that I featured them in a profi le that was published in the May/June 2019 issue of Northern Gardener magazine. I’ve attached the piece for your review. I urge you to continue supporting them by maintaining their access to the parcel of land where they’ve invested so much time and effort, and have produced such meaningful results. Sincerely, Tom McKusick Publisher--Northern Gardener Magazine Minnesota Green Manager Minnesota State Horticultural Society 2705 Lincoln Dr., Roseville, MN 55113 651-643-3601 ext. 202 1-800-676-6747 6 May 13, 2019 Dear City Council members for the City of Orono, Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk My attention is directed today, on Mother’s Day, to news that city land used for the fire department and as open space for miscellaneous purposes might possibly be sold for development. I ask that you strrongly consider several factors before you agree to such a future for your property. Last night I returned to Minnesota from Bainbridge Island, Washington, a bedroom community accessible by a 35 minute ferry ride from downtown Seattle. Bainbridge is home to many commuters, professional and otherwise, who ferry every day to work and choose to live in a more rural environment than what Seattle has grown into. It’s a community that thrives because of hands-on participation in community events, local celebrations where neighbors know each other and shared conversation is around weekend outdoor activities. Bainbridge consistently has the best schools in the state because of dedicated teachers, families and students....just like the life that Orono has valued and upheld. Pressure on Bainbridge’s housing market is mounting fast because of the high cost of housing in Seattle. People are willing to commute to escape horrible traffic, to find open space, and the quieter lifestyle that Seattle used to offer. The housing pressure is now so great on Bainbridge that nearly every available bit of land is getting built into apartments and condos. The latest spray painted signs on the fence at a teardown parcel with new apartment construction are not far from downtown Winslow and the ferry dock. They say, “Please BCC (Bainbridge City Council) STOP!! No More!! Please.” There is a prevailing opinion that earlier Bainbrdge councils opened the door for rampant development by approving and allowing precedents that no one could imagine would result in the situation the city is now facing! You as elected officials have a responsibilty to take off any potential blinders you may have on and look ahead at the future of your town and community. The parcel by the fire department should most definitely be kept in your “land bank” as open space, suitable for so many uses because of its proximity to the “Main Street” of Long Lake/Orono. Any adjacent property, especially the parcel that abuts Highway 12 should be purchased from the owner and added to this valuable fire station green space. Once it’s all sold and developed, it’s gone forever and you will each be viewed as wearing blinders. Since moving from Mound to Wayzata in 1979, I’ve watched Wayzata’s former city manager and city councils make decisions that have put our town in the position where it is today....allowing buildings three and more stories tall to be built along the main street, retail being shut out for expensive housing and greenspace eliminated. This could have been structured so differently if our officials had been able to resist the intense pressure from developers and, at the time, think deeper into the future that is here today. I am also a volunteer at the Donation Garden behind the fire station. I’m not sure if you understand the extraordinary efforts by so many for this Garden. Since its inception, thousands of pounds of continued on page 6 7 organic produce have been presented twice weekly to nearby food shelves. Seaweed is hauled to the Garden voluntarily, for free, by those who are in the business of harvesting it from lake shores. These people believe in the Garden and its purpose and know the seaweed is perfect organic compost. We have professional gardeners who bring, for free, the winter mulch they remove from gardens in the spring because they believe in the Garden and its purpose and know it, too, is perfect compost and offers weed control. It’s taken years with this kind of help from outsiders to get the soil to the excellent growing conditions we have right now. We have people who voluntarily till the one acre of soil with so we can plant. School children have visited. High schoolers have provided required volunteer hours weeding and watering. The Donation Garden is a 501(c)3 non profit and we participate in “Minnesota Green”, an arm of the Minnesota State Horticultural Society that gives us free plants and seeds. Our work is a daily labor of love, providing food for people who can rarely afford or ever have access to fresh vegetables. This Donation Garden was recently featured in the Northern Gardener Magazine and will be part of the Lake Minnetonka Garden Club’s tour in August. It is the first time the tour has presented a garden of edibles. You will want to recall that this particular garden club was responsible for purchasing the land that is now the Minnesota Landscape Arboretum, a part of the University of Minnesota, so their interest in the Donation Garden, located in Long Lake, is significant. It’s been a dream of everyone, hundreds of people who support the Donation Garden in various ways, that it exist well into the future. Our hope has grown to be that the City would allow community gardens to exist in the same area behind the fire station. Community gardens (different from a donation garden) present individuals with an opportunity to have a small plot to grow vegetables for their own use which is another very worthy reason to resist development of that very special landscape. There are many such examples of very successful community gardens around the country and Orono/Long Lake should be joining the trend and getting on board. You decision makers can be proud of the support you have given us so far. Please, use some of our tax money to purchase and save the land by the fire station. You already own most of that property. Please save it from development. Do not allow your city, OUR town, to head down the path of Wayzata or Bainbridge Island. We all need to think and dream well into the future, not just respond to the desires of today. Each of you has been elected and given the responsibility to be good stewards of our land. Please save and savor the opportunity you have here to maintain a lasting and “forever” green space. Thank you so much for listening to and believing in this plea, Sue Schwalbach 510 Ferndale Road West Wayzata 55391 612-889-7285 continued from page 5 8 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City The small property adjacent to the fire station should be kept as a natural garden donation space. That area has always been a garden, where the Ed and Lillian Miller family from Calvin Presbyterian Church grew their family food for decades. It is in that same spirit that the city of Orono, with all its resources, should support the opportunity to provide for those in need. Commercial development is not community development. Please commit to the building of a strong community support program, don’t sell it off. Kari Pastir-Smith Hennepin County Master Gardener and Harvest Moon Natural Foods founding board member 9 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Dear Orono City Officials, I am writing to you to ask you to consider continuing to lease the land behind the Fire Station to the Donation Garden and expand the area to include community gardens as you explore the future use of city land. Gardening, cooking, and sharing meals is an important piece of every culture. We as Americans have lost sight of this value much to our detriment. All of our holidays revolve around a traditional meal and gathering of family. The central point of every home was the kitchen, the shared meals and the family interaction that took place at the dinner table. Parents rushing their children from one activity to another and eating fast food in the car does not foster the same level of family involvement as sitting down with Mom and Dad to eat and discuss the day’s events. Children who do not learn the most basic cooking skills also fail to learn the fundamental skills of feeding themselves. A diet of Mountain Dew and Cheetos leads to many of the chronic health problems and expenses that we all face, in one way or another, as a society. Gardens and garden space are a great way to get people exposed to good food without having to buy a bunch of expensive ingredients. Gardens are also an important esthetic asset to any community, not to mention a place to meet your neighbors, share common interests, and build bonds within the community. Please include garden space in your plans for development in Orono. Thank You Greg Reynolds Riverbend Farm Delano 10 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Dear Orono Council, I am a member of the Long Lake Area Chamber and Orono School district resident for 26 years. I would like to advocate for a community garden somewhere in the area as a means of encouraging healthy social interactions within our community as well as providing the education and motivation for those in need to pursue the attainment of a better life for themselves and their families. Enabling people a chance to work toward providing for their families is hard to put a dollar value on, but is so vital to inspiring hope and restoring dignity. Plus there are added benefits of exercise, fresh air, good nutri- tion... to growing your own food. I would like to see a community garden expanded and revamped to allow those in need with the tools and skills needed to work their own plots with supervision. Perhaps Harvest Moon and Otten’s or other communities would have some ideas for implementation (no need to recreate the wheel). Location? It would seem a shame to move the garden since the soil has likely been amended over the past years and it’s flat with plenty of sun and a source of nearby water, but I trust you would have the best vision for the overall community. Thank you for your consideration of our community garden and for all you to do make Orono a great place to work and live! Kristin Surver Insure Savings, LLC Education, Guidance and Service! Phone: 763-449-5768 Fax: 763-473-1344 Website: InsureSavings.com Email: Agent@InsureSavings.com Mail: 2502 Morningside Rd, Long Lake MN 55356 mn id#s 20040355, 20067916 11 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I am a strong advocate of the Donation Garden and want to see it continue and expand to involve the community and children. I do not want to see the land sold and developed. I am a resident of Orono. I live at 360 Orono Orchard Road South 55391. Thank you for your consideration. Harriet Osborn 12 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Greetings. I am a past volunteer at the Donation Garden. While I was still working I gave time to this important effort for five years nearly every Sunday morning from May to September because I believed in it and the community it served. It not only serves the people who are the recipients of the fresh produce that is grown there it also serves as an educational platform for youth and adults alike that do not have access to land that enables them to learn to garden and grow fresh food. I retired and am now a University of Minnesota Extension Master Gardener in Hennepin County. I look back at the time I spent in the Volunteer Garden as an important part of my horticultural education and I am quite sure others have experienced the same. Please allow this endeavor to continue. Mary Lou Lutz 13 May 13, 2019 City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk To all it may concern, I write to you in strong support of the Donation Garden and it’s much needed presence in our community. Organizations like the Donation Garden have a positive impact in our community that is seen first-hand here at Harvest Moon Co-op. As a volunteering delivery space, this is where we get to see these grass root products pass from lovingly cultivated land to deeply appreciating hands. Communally, spaces like these help to keep the relationship with our food and land personal, special. Bonds between humans thrive. Sustainably, practices like these work hard to keep our land healthy and fertile. This work is precious in a way that capitalistic development has no right to impede upon. You may see this space that the donation garden hosts as profitable but know that it is only so because this group of people have invested such lengthy time and care to make it so and no good deed will be done by taking it away from this community. Cultivated spaces such as these are equally important to keeping our community healthy and I implore you to see that the true profitability is in the care of our earth, which provides long term benefits for all. Something that cannot be found in cement, steel or unnatural structure. Here at the co-op, I see and hear the praise from our community for every farmer, gardener, and co-operative that brings to them this true abundance and I feel deeply within myself that this circle of effort must stay complete and we must nourish, not tear down, every willing persons effort to grow it further. Best Regards, Stephany Bradley Produce Manager Harvest Moon Co-op 952-345-3300 14 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I have just recently been made aware of the potential interest in developing the land currently leased by The Donation Garden, and am dismayed by the idea that the City of Orono would trade ALL that The Donation Garden contributes for black top and buildings. My children and I volunteer at the Garden when we visit our family and over the years I continue to be amazed at all of the beautiful fresh food that can come from that simple plot of land behind the fire station. Now more than ever, it is critical that we all work to find ways to make fresh and healthy food available to those who can’t always afford it, and community supported agriculture programs like The Donation Garden is a brilliant way to do just that! The Donation Garden’s low costs and high yield of fresh produce for its many partners has become a critical service in the community and a meaningful way for people to address the growing issue of food insecurity. It is hard to imagine any kind of development that would match the work of The Donation Garden and serve Orono and its surrounding communities in the same meaningful way. My family and I hope you will consider the long term impact of your decision and continue to lease the land to The Donation Garden. “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed it’s the only thing that ever has.” ~ Margaret Mead Thank you for your consideration, Mari Schwalbach Portland, Oregon 15 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk When I first volunteered with the Donation Garden, we were dealing with a weedy plot of land with poor soil, construction debris and more than a few doubters that this could be a sustainable project. The doubters seriously underestimated the incredible diverse and dedicated group of volunteers, including local businesses, committed to creating community by providing fresh, local produce for our neighbors in need. I fully support the mission of the Donation Garden. If the garden is lost because of the sale of the property, it would be a serious loss to the spirit of civic engagement , pride and community the garden has created for the cities of Long Lake and Orono. Roberta Rott 16 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I am saddened to hear that the city of Orono would consider selling the property located behind the Long Lake Fire Department. This is the site where The Donation Garden is located. I urge you to vote against redeveloping this land. The garden has been an integral part of my life as well as my family’s. Myself, as well as my 10-year-old daughter, and her friends have spent numerous hours there volun- teering, learning how to farm and learning the importance of giving back to the community and provid- ing healthy food to those in need. It would be a great loss to the community and to those who rely on us to provide in times of need. I urge you to reconsider the development of this land. Thank you, Anna Hill Medina, MN Donation Garden Volunteer 17 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk The Community Garden located behind the Long Lake Fire department has been a great asset to the Community meals provided by the three churches: Calvin Presbyterian Church, St. George Catholic Church and Trinity Lutheran Church. Donations of produce from the community garden have been brought to the summer/ fall dinners offering them free to the community. We know that some of the people who attend the meals have limited income and these donations provide free, healthy foods for them. Jill Cornell Shared Ministries Trinity Lutheran Church 2060 County Road 6 Long Lake, MN 952-473-8577, ext. 134 Cell: 612-849-0513 18 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Dear Leaders of Orono: I am writing to express my enthusiastic support for the Orono Community Garden, its mission and volunteers. I urge you to give special consideration to maintaining the garden as a community-based open space so important to its residents instead of letting it go for development. This is a unique opportunity to do something wonderful for Orono which will continue to make it such a special place in which to live. Just do it! Judy Wood -- Judy Wood jdalwood44@gmail.com 612/747-1136 19 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Dear Council Members, City staff and Everyone else who may be involved: The Donation Garden has become an important and recognized contributor to our community...not just in food donations but a common thread amongst volunteers and community residents that makes our community special. Many have worked tirelessly to provide this service. Please leave it as a creative and growing service in its present location. Thank you! Claudia and Doug Whiteley 34 year residents of Orono 20 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I have been a volunteer working at the Donation Garden for the last five years. During that time period the Donation Garden has provided thousands of pounds of fresh produce to the disadvantaged in our communities whose personal resources are limited and who need the help from an organization such as the Donation Garden. I have helped deliver the produce to the food shelves and the Gillespie Center and the response is always gratitude for our contribution to the effort to provide quality, nutritious produce for their clients. To me, this is an enviromentally responsible use of the land and a compassionate response to the citizens who are in need of help. I hope you will consider these thoughts in your decision-making. Mary (and Gary) Skellenger 2542 Morningside Rd. Long Lake, MN 55356 763-476-6327 21 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Dr. Robert and Sally Hauser strongly oppose the plan to eliminate the Donation Garden in Orono/Long Lake to build houses. This area is already overbuilt and will lead to more traffic as well as destroying the beauty of this area. Please reconsider and do your building elsewhere. We totally support the preservation of the Donation Garden in Long Lake-we think that it’s time to enjoy the natural beauty of the land instead of more building and ruining the bucolic feeling of the area. Sally and Robert Hauser 1622 Dusty Dr. Long Lake Mn 55356 22 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk My daughter, Audra, has grown up with the Donation Garden. Since the tender age of three, she was able to dig holes, pick up rocks, plants seeds, and use her tiny hands to pick beans. I dare say that none of her friends have had the wonderful opportunity of working and learning about gardening. Audra knows that cucumbers have “prickers,” that tomatoes come in many sizes, that bending to pick beans is not so easy, and that plants must be watered if it doesn’t rain. We don’t live on a farm or have a garden of our own. She would never have had this important learning if it weren’t for the Donation Garden. It is hard for me to understand how selling the land would benefit the communities of Orono and Long Lake and the food shelves that depend on the produce grown. Food scarcity is a major issue in Minnesota and across the country. It would be heartless to forcibly close the garden and damage the many lives that depend on the generosity of the Donation Garden. Tifanne Wolter 11152 Laurel Springs Path Maple Grove, Minnesota 23 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk This treasured garden cannot be lost to development. Spirited Table® supports several organic farms and markets, along with my 26 Tastemakers who write articles that support our local community and green spaces. Sue Zelickson, Brenda Langton, Mill City Farmers Market and Loon Organics represent just a handful of my team. Please vote to save this space from more random development. Thanks for your consideration. Cindi Sutter ck.sutter@spiritedtable.com 612-865-4754 24 May 13, 2019 Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Dear All — Although I’m not a resident of Orono (I own properties in neighboring Medina), I’m very distressed to hear about the possibility of developing the land that’s currently home to the Donation Garden. I sincerely hope you’ll vote to keep the land for its current use. It’s a huge asset to the city in terms of attracting new residents to the city, reinforcing city’s reputation as an outdoor go-to destination, and keeping property valuations higher. All of these help support a premium tax base. It’s difficult to establish a hard value for intangibles like the Garden, so it can be easy to be lured by developer money. Please do not be swayed by the all-mighty dollar and vote to keep the Donation Garden in tact. Once it’s gone, it’s gone. Thank you. Kirsten Chapman 1910 Iroquois Drive, Medina 1575 Willow Drive, Medina 763.475.9150 25 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk As an ambassador of IOCP, I am aware of the need of fresh vegetables for struggling families. Because it is locally grown, families are getting fresh vegetables and not vegetables that are reaching their end of use. I know from my own vegetable garden how much produce I reap and it is a postage stamp compared to the Donation Garden in Orono! I have had the privilege of volunteering at the garden. What a dedicated group that tends the garden! And the volume of food produced for families in the area is unbelievable. We need to have areas for growing food and sharing it with others! Donna Peterson (612) 589-5996 26 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk The donation garden has done so much for those who have less than we. Sitting on a piece of open property, it has provided fresh produce for countless people that would otherwise go without. There is room for garden spaces for those willing to provide for themselves that don’t have a place to do that. I believe it would be a disservice to the community as a whole to remove that important asset from the mix. Sincerely, Grant C. Andreasen 1802 Lakeview Terrace Orono 27 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk It has come to my attention that the Donation Garden property is currently at risk of being sold and developed. As a 24-year resident of this area, I want to express my concern about this potential action being taken. Given the rural nature of our beautiful community, maintaining this property as an open space is crucial. The Donation Garden is a wonderful use of this land, as it not only helps to feed people in need, it is a source of pride for the community. It has also resulted in the development of meaningful partnerships between various local businesses. Please continue to maintain this open space so the mission of the Donation Garden can continue to benefit our great community and its residents. Best Regards, Patty Andreasen 1802 Lakeview Terrace Orono, MN 952-797-4544 28 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk It is terrible to hear that the community garden is in jeopardy. It is a beautiful garden that has offered so much to our community and the kids who have learned by their efforts and involvement. Please let me know what I can do to help keep the garden growing. Sincerely, Ted Hill Medina, MN 29 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk The Donation garden is a very fun and welcoming place for all the volunteers such as our friends and family. Lots of people need these donations. We Can, Maple Plain Food Shelf, and The Gillespie Center Are some of the places we donate too. A lot of people enjoy visiting helping and working at The Donation Garden! There really isn’t any great outcome of taking The Garden Away! I go to Orono schools. Delly, age 10 Medina, Minnesota May, 12 2019 30 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk May 12, 2019 My name is Audra Wolter and I am eight years old. Every summer since I was three years old I have helped in the Donation Garden. I have planted seeds, picked vegetables, and went on deliveries to bring the vegetables to WeCan and the Gillespie Center. I know where my food comes from. Most kids don’t. I learned by planting and watching plants grow. I also learned that kids like me need vegetables and that the garden gives lots of vegetables to help kids. Please don’t take away the garden. It’s important for kids. Audra Wolter 111552 Laurel Springs Path Maple Grove, Minnesota 31 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk My mother lived on a hobby farm for part of her life. They raised prized horses, but never grew vegetables. When I was 10 years old my mom wanted me to help at the Donation Garden so I could learn about vegetables and know what went into growing them. One of the things I did was plant bean seeds and was that hard! Been seeds are very small and you have to make a hole and drop several seeds in and then cover up the seeds. It takes time. Sometimes the seeds don’t grow and then you have to plant all over again. I can’t say I loved planting. But I did learn about plants and have a better idea of what’s in the grocery store. I think more kids should learn about gardening like I did. The Donation Garden is important. Drew MacLean 224 Benton Avenue Wayzata, MM 32 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I spent many years growing up in Scandia, Minnesota where my parents had a hobby farm. All around Scandia, families had large parcels of land and many raised horses or cattle. It was an idyllic place to live as a kid as we could ride our horses what seemed like forever. While my parents both passed away last year, I still drive out to the old farmstead to reminiscent about those wonderful years of living with nature. Unfortunately, my two children never had a chance to live out in the open as I once did. We live in a quiet neighborhood in Wayzata but it does not afford my kids the opportunity to learn about the land. That’s why I had both my children - and I - spend some time at the Donation Garden. Planting, weeding, and watering takes dedication and lots and lots of time. Picking cherry tomatoes off the vine and popping them into your mouth is heavenly. It is hard for me to imagine that selling the land the Donation Garden sits on would be considered. Why destroy a successful and productive garden? Why leave families without a regular source of fresh vegetables? Why put an end to something that does good for the community? Please, consider the good the Donation Garden does and stop any attempt to sell the land. Sincerely, Sandy MacLean 224 Benton Wayzata, MN 33 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I am writing in support of the donation garden and adjoining land remaining open space for the donation garden and expanded to include community garden space as well. This a great space for the community to come together and do something good. Both of our kids love visiting the garden and helping out during the season. They learn a lot from the amazing volunteers that work so hard to give back to the community. It would be a shame to see such an amazing space developed. Thanks! -- Justin Gleason 763.443.0142 34 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I was so saddened to hear that the land behind the Long Lake Fire station is to be sold and developed. I have spent time at The Donation Garden with my two young kids. Every minute there has been a gift. We have enjoyed learning about gardening with hands on experience. Not only is The Donation Garden a place for education, it is a place of inspiration. To see volunteers laboring from seed to harvest, carefully growing fresh food for our community is deeply heartening. It would be a shame to lose this presence in Long Lake, for our kids and for our community. Please consider how much of a rare, little gem this plot of land is and keep it safe. Sincerely, Marissa Gleason 4685 Fern Street Maple Plain, MN 55359 35 May 13, 2019 City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Hi my name is Baylor and I am 4th grader at Orono. I like to volunteer at the Orono donation garden. It would be sad to see it go. Thanks! 36 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I am Kellen and I am a 1st grader at Orono Schumann Elementary. I love helping at the community garden. I feel happy when I plant at the community garden. I don’t want it to be gone. We grow food at the garden and food is good for our bodies. And it is nice to help people. Kellen Gleason 37 May 13, 2019 City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Please consider keeping the Donation Garden property available for lease. The mission for this community garden is a simple and important one....donation with community involvement. I support this. K. Hall. Watertown Road, Orono 38 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk We are writing on behalf of — and in support of — the Donation Garden in Orono. We understand the land is in danger of being sold for development and we urge you to preserve it for the benefit of the people who work so tirelessly to plant, grow and harvest fresh, wholesome vegetables for this community and beyond. It is so important that we maintain properties like these not only for the good of the land, but also for the people who depend on them for their food. Thank you for your thoughtful consideration, Mike and Arlene Cochran 8727 Grier Lane Eden Prairie, MN 55344 39 May 13, 2019 Dear City Council members for the City of Orono, Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk For the past 5+ years I have been fortunate enough to be a volunteer at The Donation Garden. During that time I have seen our relationships with businesses, organizations and individuals in the commu- nity grow. I am constantly in awe of the generosity, caring and support of all of these people. From the seeds and plants we receive from Minnesota Green, tilling and soil amendments from Otten Bros, refrigerator space from Harvest Moon, our donors and our volunteers who put up fencing, pull weeds, spread mulch and seaweed, plant and harvest the vegetables, to our end goal of providing fresh, clean vegetables to families who might otherwise not be able to afford them. WeCAN is our largest recipient of fresh vegetables. I’ve delivered vegetables to them, freshly picked from the garden that morning, and talked to some of the recipients. They are so grateful to get fresh produce and are amazed at how beautiful it is! I’ve also had the same reaction when delivering vegeta- bles to the Gillespie Center. This is why I volunteer...to give back. Over the years, the effort and support of local businesses, individuals, generous donors and volunteers is what makes The Donation Garden an important and valuable asset to the community! Please take action so we can continue our mission of providing fresh, healthy produce to those in need. Thank you, Kathy Barnes Plymouth 55446 612-269-6395 40 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Harvest Moon has worked with the donation garden for the last 3 years, purchasing produce and pro- viding space for WeCan and Maple plain food shelves to recover the gardens produce for their patrons. The positive impact the donation garden has had on this community and surrounding communities would be greatly missed. The garden itself is beautiful, to sell the land and develop would be a tragedy. We need open spaces! I would love to see the garden grow to include space for community gardening as well. Briana Dread Operations Manager Harvest Moon Co-op 952-345-3300 41 May 13, 2019 City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Please support the donation garden, which is a tremendous asset to our community! The hard work contributed by the volunteers provides support to so many needy families in our area. Joe and Marsha Rokke 180 Orono Orchard Road 42 May 13, 2019 City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk I support the Donation Garden in Long Lake and what it does for the community. Dan Delaney Tonka Bay, MN 43 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Hello, I visited the Donation Garden last summer while on a trip across the country. My friends and I were so impressed with the accomplishments of Kathy and Janie and all the dedicated volunteers. The garden was filled with a variety of nutritious vegetables, and a loving, generous, community spirit. Selling this land without adequate discussion or options seems dismissive of the Donation Garden volunteers and the recipients of their efforts. I hope you will give some thought to rewarding the people in your community who work so hard to help others. Thank you, Barbara McNaughton Lexington, KY 44 May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Regarding the Donation Garden in Long Lake, MN: I had the pleasure of visiting this great place last summer while visiting friends, and was very impressed by this innovative idea! So valuable not just for the people it helps, but for the sense of community it provides for everyone. I think it would be very sad and unfortunate if the land was no longer made available for this worthwhile project. Sincerely, Cindy Brown Temecula, California May 13, 2019 To: City of Orono Orono, Minnesota Dustin Rief, City Administrator Dennis Walsh, Mayor Aaron Printup, Council Member Richard Crosby, Council Member Victoria Seals, Council Member Matt Johnson, Council Member Anna Carlson, City Clerk Dear City of Orono, I am asking that you keep the Donation Garden as is - a well-loved garden for all. This garden means a lot to my family who lives in Orono. As a matter of fact, my daughter-in-law, Anna Hill, her daughter, Delaney, and their mother and grandmother have spent many productive hours in this beautiful garden voluntering to help maintain this garden that they love. I love the way this garden brings community together, and we look forward to visiting The Donation Garden this summer when we visit Orono. It is time to make a decision for community, for green space and for the environment in Orono and against development in this spot. Please act in favor of saving The Donation Garden, a 501 (c) (3) organization - located behind the Long Lake, MN fire department. Please help! Sincerely, Nancy M. Hill 144 South Lafayette Street Denver, CO 80209 Nancymhill144@gmail.com 303-550-4623 AGENDA ITEM 1. Purpose: Victoria Seals and Matt Johnson will be presenting discussion for this item. Item No.: 29 Date: May 13, 2018 Item Description: HR Evaluations Presenter: Victoria Seals & Matt Johnson, City Council Members Agenda Section: Mayor/Council Report