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Home My WebLink About04-08-2019 Council PacketAgenda Council Meeting Monday, April 8, 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 March 19, 2019 2. City Council Work Session Minutes of March 19, 2019 3. Claims/Bills 4. Approval of Hennepin County 2019 Special Event Permit – Long Lake Rowing Crew 5. Authorization to Purchase Polaris UTV Replacement 6. Approval of the Lake Minnetonka SWAT Joint Powers Agreement 7. Appointment of 2019 Seasonal Employees 8. Navarre Water Plant Interior Painting 9. Navarre Water Plant Roof Replacement 10. Water Meter Replacement 11. LA19-000007 – Tom Rauscher o/b/o Donald & Heidi Haberman, 2799 Pheasant Road – Resolution 12. LA19-000009 – LA19-000009, Jamison Kohout o/b/o Real Assets LLC, 1645 Shadywood Road – Preliminary Plat– Resolution 13. LA19-000010 – Rehkamp Larson Architects o/b/o Alexander & Amy Ware, 2587 Kelley Avenue – Resolution 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 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 14. Planning Commission Recognition 15. Shoreline Drive and Shadywood Road Intersection Improvement Project Planning Department Report (Planning Commission Representative – Dennis Libby) 16. LA19-000011 – Julie Lensing, 3349 Crystal Bay Road Agenda Council Meeting Monday, April 8, 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 Mayor/Council Report 17. LMCD General Discussion City Administrator Report City Attorney Report Adjournment Upcoming Events 2019 04-15-19 Planning Commission Meeting, Monday, 6:30 p.m. (Matt Johnson) 04-22-19 Council Work Session, Monday, 5:00 p.m. 04-22-19 City Council Meeting, Monday, 7:00 p.m. 05-06-19 Park Commission Meeting, Monday, 6:30 p.m. 05-13-19 City Council Meeting, Monday, 7:00 p.m. 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. 06-24-19 City Council Meeting, Monday, 7:00 p.m. MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, March 19, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 1 of 2 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, Development Director Jeremy Barnhart, and Public Works Director/City Engineer Adam Edwards. 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 MARCH 11, 2019 2. CLAIMS/BILLS 3. APPROVAL OF RENTAL LICENSES 4. 2019 STORMWATER IMPROVEMENTS PROJECT 5. POST OFFICE ROOF REPLACEMENT 6. APPOINTMENT OF 2019 SEASONAL EMPLOYEES 7. LA18-000035 – RYAN HASSE, NICOLE SPECK AND GARY JOHNSON, 3800 SHORELINE DRIVE, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW – RESOLUTION NO. 6960 Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS None PUBLIC WORKS/CITY ENGINEER REPORT 8. 2019 ROAD MAINTENANCE PROJECT – AWARD Edwards stated Staff did solicit and received four bids for the City’s 2019 road maintenance projects. The low bidder was GMH Construction in the amount of $1,201,238.67. In addition to the construction cost, Bolton and Menk provided a not-to-exceed proposal for $185,000 for construction oversight. When the City went out for bids, it broke the bid into Part A and Part B. Part A consisted of Forest Arms Lane, Tonka View, and Chevy Chase. Part B consisted of simply East Long Lake as a bid alternate. MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, March 19, 2019 7:00 o’clock p.m. _____________________________________________________________________________________ Page 2 of 2 Staff is recommending that both Parts A and B be awarded to GMH Construction in the amount of $1,201,238.25. Funding for the project will come from a combination of the Pavement Management Fund, the Stormwater Fund, and Sewer Fund. Currently the Pavement Management Fund has $1,081,095.92 based on current estimates, which results in approximately a $100,000 shortfall. That shortfall is anticipated to be made up either through the General Fund or a short-term interfund loan. Walsh stated the good news is the City is projecting a significant amount of project revenue in 2019 as well as $534,000 for 2020 in the Pavement Management Fund. Crosby moved, Johnson seconded, to award the 2019 Road Improvement Projects to GMH Construction in the amount of $1,201,238.67, and to approve Bolton & Menk’s not-to-exceed fee in the amount of $185,000 for construction oversight. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Seals noted next week is spring break for Orono, which is why the Council meeting is being held this evening. Walsh reported last week he attended the luncheon with the Long Lake Chamber of Commerce where he was the keynote speaker. Updates were provided to the attendees concerning Orono and all the improvements and upgrades that are being undertaken within the City. Walsh stated that evening he also attended the First Community Night-Meet the Mayor in Mound, which was held at the Performing Arts Center. The event was taped and the link has been provided through the City’s listserv. CITY ADMINISTRATOR REPORT Rief stated he would like to send out his thoughts and prayers to the people impacted by flooding in Nebraska. Infrastructure damages are estimated at close to a $1 billion and over $400 million in livestock losses. Seventy-three cities were declared disaster areas and 53 of the 59 counties have been impacted by the flooding. CITY ATTORNEY REPORT None ADJOURNMENT Crosby moved, Seals seconded, to adjourn the Orono City Council meeting at 7:19 p.m. VOTE: Ayes 5, Nays 0. ATTEST: _____________________________________ _______________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Orono City Council Work Session Minutes Tuesday, March 19, 2019 Council Chambers 6:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Victoria Seals and Matt Johnson. Representing staff were City Administrator Dustin Rief and City Clerk Anna Carlson. Meeting Start Time: 6:05 p.m. 1. Policy Discussion City Administrator Dustin Rief presented an email he received in regards to County Funding for roads and bridges. Rief explained that in 2015, state legislation was passed to reallocate $32 million of the sales tax collected from leased vehicles from the State’s general fund, half would go to Greater Minnesota Transit and half would be distributed between five of the seven metro counties through the County State Aid Highway fund. In effort to balance funding for transit and roads and bridges, the law excluded Hennepin and Ramsey counties from receiving their percentage of funding. Distributing Hennepin and Ramsey county proceeds to the other five metro counties puts cities in these counties at a disadvantage when it comes to accessing funds for county road and bridge projects. Rief asked if the City Council would like to send a letter of support of two bills (HF 2194 and SF 20187) to Hennepin County Officials to generate support to eliminate the exemption of Hennepin and Ramsey counties and to distribute the sales tax on leased vehicles, per county state aide formula, to all metro cities. The City Council unanimously agreed. Rief explained that he and the Fire Chief have reviewed the services received under the current contract. Rief explained that the city may need to reevaluate the services currently received versus what services are needed. There was discussion regarding the use of medical services, calls, and other services provided by various resources. Also discussed were ways in which the city could look in to evaluating their needs and begin the conversation with Long Lake. Mayor Dennis Walsh concluded the discussion by mentioning that Orono Administration needs to assess their needs, look over the details of the services received, and work together as a business unit with Long Lake Administration to work out a new contract that fits the City’s needs. Meeting End Time: 6:53 p.m. ATTEST: CITY OF ORONO: ___________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: MLU Reviewed By: DJR 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 111524 to 111642, totaling $245,435.93. 3. Noteworthy Payments. Vendor Amount Description of Payment #111546 City of Long Lake $9,897.57 Payment for 2018 4th Quarter utility service charges and sewer connection fees. #111580 Minnesota Equipment $5,311.44 Payment for a snow blower for Crystal Bay Ice Rink, front blade for Unit #351 and flail mower rental. #111596 Quality Flow Systems $75,449.60 Payment for replacement pump for Grinder Station #5 and remodel to Lift Station #13 and Grinder Station #9. 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: April 8, 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: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Zlothkowski, Joseph 03/20/2019 110001 070918 999-10015 UB Refund - #1-737050-01 - 3705 Togo Rd 64.92- Total 110001:64.92- NCPERS MINNESOTA 04/02/2019 111155 6732000120 101-21710 Pera life 01/2019 336.00- Total 111155:336.00- Zlothkowski, Joseph 03/20/2019 111518 070918 999-10015 UB Refund - #1-737050-01 - 3705 Togo Rd 64.92 Total 111518:64.92 CITY OF ORONO PETTY CASH 04/01/2019 111524 04012018 101-10305 2019 GC Change Fund 300.00 Total 111524:300.00 A 1 ELECTRIC SERVICE OF WA 04/08/2019 111525 21376 101-43000-403 Street Light Repair - near Navarre WP Public Works Department 129.53 A 1 ELECTRIC SERVICE OF WA 04/08/2019 111525 21377 101-41900-404 Check Roof Heat Tape - CH Central Services 56.25 A 1 ELECTRIC SERVICE OF WA 04/08/2019 111525 21377 101-43000-404 Check Roof Heat Tape - PW Public Works Department 56.25 A 1 ELECTRIC SERVICE OF WA 04/08/2019 111525 21378 101-41900-404 Replace Entryway Heaters & Install Wiring/Breaker - Central Services 3,326.78 Total 111525:3,568.81 Advance Auto Parts 04/08/2019 111526 6974-346461 602-49450-212 LS #18 Antifreeze Sewer 24.68 Advance Auto Parts 04/08/2019 111526 6974-346462 602-49450-212 LS #26 Antifreeze Sewer 12.34 Total 111526:37.02 ALLSTREAM 04/08/2019 111527 16019327 101-42110-321 Phone service Police Department 310.26 ALLSTREAM 04/08/2019 111527 16019327 101-41900-321 Phone Service Central Services 434.36 ALLSTREAM 04/08/2019 111527 16019327 601-49400-321 Phone Service Water 72.39 ALLSTREAM 04/08/2019 111527 16019327 602-49450-321 Phone Service Sewer 217.19 Total 111527:1,034.20 American Environmental LLC 04/08/2019 111528 1245 602-49450-406 CCTV Inspection of Sewer - LS #3 to Leaf St.Sewer 940.00 Total 111528:940.00 AMERITINT OF MINNESOTA 04/08/2019 111529 19-077 101-42110-223 Vinyl Film Office Sidelights Police Department 140.00 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111529:140.00 ASPEN EQUIPMENT 04/08/2019 111530 10202151 701-49800-222 Sander Cover Unit 426 898.70 ASPEN EQUIPMENT 04/08/2019 111530 10202768 701-49800-402 Unit #427, 424 Inspection and Repair 474.46 Total 111530:1,373.16 BOLTON & MENK INC.04/08/2019 111531 0229106 101-43170-304 Misc Engineering Engineering 30.00 BOLTON & MENK INC.04/08/2019 111531 0230094 602-49450-304 Sewersheds Sewer 1,155.00 BOLTON & MENK INC.04/08/2019 111531 0230094 602-49450-304 GIS Updates Sewer 1,451.00 BOLTON & MENK INC.04/08/2019 111531 0230094 601-49400-304 GIS Updates Water 935.00 BOLTON & MENK INC.04/08/2019 111531 0230094 101-42400-304 Cemetery/Gravesites Building & Zoning 960.00 BOLTON & MENK INC.04/08/2019 111531 0230094 101-43170-304 GIS Updates Engineering 2,140.00 BOLTON & MENK INC.04/08/2019 111531 0230107 101-43280-304 Lakeview Addition 15-3723 Special Services 118.00 BOLTON & MENK INC.04/08/2019 111531 0230109 101-43280-304 Orono Preserve Special Services 59.00 Total 111531:6,848.00 BOYER TRUCKS 04/08/2019 111532 60402R 701-49800-222 Replacement Steps - Units 424 through 427 256.32 Total 111532:256.32 BRANDON MAURER 04/08/2019 111533 031219 101-43000-226 Reimb for boots Public Works Department 189.99 Total 111533:189.99 BRIAN CLARK 04/08/2019 111534 030719 601-49400-437 St. Cloud Water School Water 229.68 BRIAN CLARK 04/08/2019 111534 032019 101-43000-437 Training Mileage Reimbursement - Tree School Public Works Department 76.56 Total 111534:306.24 BURKE, FORREST 04/08/2019 111535 040119 101-22205 Escrow refund #17-00590/2017-00734 1020 Tonka 2,500.00 Total 111535:2,500.00 BUSINESS ESSENTIALS 04/08/2019 111536 QE-QT-5159 101-41900-201 Copy Paper Central Services 34.97 Total 111536:34.97 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CARDMEMBER SERVICE 04/08/2019 111537 031219 101-41300-489 Gift Card for Employee Recognition Administration 50.00 CARDMEMBER SERVICE 04/08/2019 111537 031319-2 101-42110-439 Reserve Banquet & Awards Ceremony Police Department 196.13 CARDMEMBER SERVICE 04/08/2019 111537 031319-4 101-45210-226 Golf Safety Gear Golf Course .03 CARDMEMBER SERVICE 04/08/2019 111537 031919 101-42110-437 DMT Refresher - B. Schoenherr Police Department 75.00 CARDMEMBER SERVICE 04/08/2019 111537 031919-1 101-45210-433 GCSAA Membership Golf Course 165.00 CARDMEMBER SERVICE 04/08/2019 111537 031919-2 101-42110-437 DMT Refresher- C. Stensrud Police Department 75.00 CARDMEMBER SERVICE 04/08/2019 111537 031919-3 101-42110-437 DMT Refresher - T. Sonnek Police Department 75.00 CARDMEMBER SERVICE 04/08/2019 111537 031919-4 101-41110-439 Cookies for CC Meeting 3/19/19 Mayor & Council 5.99 CARDMEMBER SERVICE 04/08/2019 111537 031919-5 101-41110-439 WS Food 3/19/19 Mayor & Council 43.01 CARDMEMBER SERVICE 04/08/2019 111537 032019 101-42110-439 Police Commission Meeting Items Police Department 13.64 CARDMEMBER SERVICE 04/08/2019 111537 032019-1 101-42110-402 Carwash for Squad #235 Police Department 10.00 CARDMEMBER SERVICE 04/08/2019 111537 032019-2 101-41300-437 MCFOA Dinner 3/20/19 Administration 16.58 CARDMEMBER SERVICE 04/08/2019 111537 032019-3 101-41300-437 Parking for MCFOA Administration 5.00 CARDMEMBER SERVICE 04/08/2019 111537 032219 101-43000-212 Fuel for Small Engines Public Works Department 26.18 CARDMEMBER SERVICE 04/08/2019 111537 032519 101-42110-437 DMT Refresher - Z. Hway Police Department 75.00 CARDMEMBER SERVICE 04/08/2019 111537 032519-1 701-49800-240 Lights for Work on Equip. Maintenance 100.85 CARDMEMBER SERVICE 04/08/2019 111537 032719 101-42110-321 New Phone Charging Cord - PD Police Department 27.92 CARDMEMBER SERVICE 04/08/2019 111537 032719-1 710-49970-416 Unzip Software for PD and CH 53.71 CARDMEMBER SERVICE 04/08/2019 111537 032719-2 101-45200-416 Big Island Security Camera Parks 29.97 CARDMEMBER SERVICE 04/08/2019 111537 032819 601-49400-405 Permit to Dig - 3925 Shadywood Rd Watermain Bre Water 330.00 CARDMEMBER SERVICE 04/08/2019 111537 032819 601-49400-405 Permit to Dig - 2700 Shadywood Rd Watermain Bre Water 330.00 CARDMEMBER SERVICE 04/08/2019 111537 032919 101-42110-221 Cleaning Supplies for Squads Police Department 21.68 CARDMEMBER SERVICE 04/08/2019 111537 032919-1 101-42110-402 Squad #235 Carwash Police Department 13.00 CARDMEMBER SERVICE 04/08/2019 111537 040319 101-42110-221 DVD's for Video Evidence Police Department 49.31 Total 111537:1,788.00 CARGILL SALT 04/08/2019 111538 2904650554 601-49400-216 Nav Wtr Plant Salt Water 4,998.99 Total 111538:4,998.99 CENTERPOINT ENERGY MAIN 04/08/2019 111539 031219 602-49450-381 LS #32 Southways Generator Gas 1/18-2/19/19 Sewer 24.84 CENTERPOINT ENERGY MAIN 04/08/2019 111539 032219 602-49450-381 LS #32 Southways Generator Gas 2/19-3/20/19 Sewer 19.50 CENTERPOINT ENERGY MAIN 04/08/2019 111539 032219-1 602-49450-381 LS #9 Generator Sewer 16.13 CENTERPOINT ENERGY MAIN 04/08/2019 111539 32819 601-49400-381 Gas 2/21-3/21/19 Water 767.47 CENTERPOINT ENERGY MAIN 04/08/2019 111539 32819 602-49450-381 Gas 2/21-3/21/19 Sewer 774.01 CENTERPOINT ENERGY MAIN 04/08/2019 111539 32819 101-41900-381 Gas 2/21-3/21/19 Central Services 1,529.63 CENTERPOINT ENERGY MAIN 04/08/2019 111539 32819 101-42110-381 Gas 2/21-3/21/19 Police Department 454.32 CENTERPOINT ENERGY MAIN 04/08/2019 111539 32819 101-45210-381 Gas 2/21-3/21/19 Golf Course 218.66 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111539:3,804.56 Century Link 04/08/2019 111540 031919 101-45210-321 GC phone/internet 3/19/19-4/18/19 Golf Course 211.36 Total 111540:211.36 Century Link 04/08/2019 111541 030419 601-49400-321 Water Plant Phone/Internet 3/4-4/3/19 Water 132.90 Total 111541:132.90 CenturyLink 04/08/2019 111542 1463791549 614-49840-329 Internet 2/8/19-3/7/19 Cable Franchise 1,051.27 Total 111542:1,051.27 CHRIS FISCHER 04/08/2019 111543 031719 101-42110-226 Remiburse-clothing Police Department 137.96 Total 111543:137.96 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016510 101-42110-402 #244 Service Police Department 176.60 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016514 101-42110-402 #232 Service Police Department 44.90 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016521 101-42110-402 #248 Service Police Department 44.90 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016522 101-42110-402 #244 Service Police Department 225.00 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016538 101-42110-402 #843 Service Police Department 108.40 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016543 101-42110-402 #251 Service Police Department 44.90 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016548 101-42110-402 #245 Service Police Department 48.31 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016558 101-42110-402 #843 Service Police Department 18.02 CHUNKS LAKESHORE AUTO 04/08/2019 111544 0016563 101-42110-402 #243 Service Police Department 660.51 Total 111544:1,371.54 CINTAS CORPORATION 04/08/2019 111545 4017987967 101-43000-226 Uniforms Public Works Department 60.84 CINTAS CORPORATION 04/08/2019 111545 4017987967 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 04/08/2019 111545 4018383228 101-43000-226 Uniforms Public Works Department 60.84 CINTAS CORPORATION 04/08/2019 111545 4018383228 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 04/08/2019 111545 4018473909 101-41900-404 Mat Service - CC Central Services 10.80 CINTAS CORPORATION 04/08/2019 111545 4018473957 101-41900-404 Mats/Air Service - City Hall Central Services 21.92 CINTAS CORPORATION 04/08/2019 111545 4018785966 101-43000-226 Uniforms Public Works Department 60.84 CINTAS CORPORATION 04/08/2019 111545 4018785966 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 04/08/2019 111545 4019188248 101-43000-226 Uniforms Public Works Department 60.84 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount CINTAS CORPORATION 04/08/2019 111545 4019188248 101-43000-221 Shop Towels Public Works Department 2.63 CINTAS CORPORATION 04/08/2019 111545 4019188248 101-43000-404 Mat Service - PW Public Works Department 14.40 Total 111545:301.00 CITY OF LONG LAKE 04/08/2019 111546 00201449 602-49450-387 4th Qtr Water/Sewer Sewer 1,801.00 CITY OF LONG LAKE 04/08/2019 111546 00201449 601-49400-387 4th Qtr Water/Sewer Water 1,630.17 CITY OF LONG LAKE 04/08/2019 111546 00201455 101-20808 2310, 2320, 2330 Oliver Hill Sewer Connections 5,400.00 CITY OF LONG LAKE 04/08/2019 111546 00201455 602-49450-382 Sewer Charges Sewer 1,066.40 Total 111546:9,897.57 CITY OF ST PAUL 04/08/2019 111547 IN34067 101-42110-437 PDI Training-J. Wittke Police Department 229.00 CITY OF ST PAUL 04/08/2019 111547 IN34084 101-42110-437 PDI Training-6 participants Police Department 900.00 Total 111547:1,129.00 CITYVIEW PLUMBING & HEATIN 04/08/2019 111548 49124 101-41900-404 Repair Bath Fan - CH Central Services 752.04 Total 111548:752.04 CLINT SCHUMANN 04/08/2019 111549 030719 601-49400-437 St. Cloud Water School Water 223.80 CLINT SCHUMANN 04/08/2019 111549 040119 101-43000-226 Boots Reimbursement Public Works Department 200.00 Total 111549:423.80 CORREY FARNIOK 04/08/2019 111550 032719 101-42110-226 Reimb Clothing Police Department 221.14 Total 111550:221.14 David Goman 04/08/2019 111551 030519 601-49400-437 St. Cloud Water School Water 5.00 Total 111551:5.00 DELTA DENTAL 04/08/2019 111552 7598154 101-15998 0037220072 April 2019 Dental 471.55 DELTA DENTAL 04/08/2019 111552 7598154 101-21709 0037220072 April 2019 Dental 3,247.73 Total 111552:3,719.28 DPC INDUSTRIES 04/08/2019 111553 DE82000017 601-49400-216 Chlorine Water 10.00 City of Orono Check Register - COUNCIL REPORT Page: 6 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111553:10.00 DUSTIN RIEF 04/08/2019 111554 032519 101-41300-331 Mileage Reimb Administration 69.14 Total 111554:69.14 ECM PUBLISHERS INC 04/08/2019 111555 679094 101-45210-352 Multi-seasonal Job Ad Golf Course 225.00 Total 111555:225.00 FASTENAL 04/08/2019 111556 MNPLY11315 101-43000-224 Nuts & Bolts Public Works Department 60.89 FASTENAL 04/08/2019 111556 MNPLY11334 101-43000-224 Snow Plow Blade Bolts Public Works Department 36.01 Total 111556:96.90 FIRESIDE HEARTH & HOME 04/08/2019 111557 031119 101-32510 Permit Refund - M18-000067 2855 Somerset Ln 71.31 Total 111557:71.31 GENUINE PARTS COMPANY/NA 04/08/2019 111558 0577-077522 701-49800-222 Unit #426 Oil Filter 49.40 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-433362 101-42400-221 Squad Supplies Building & Zoning 15.37 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-433484 701-49800-222 Truck #712 Brake Pads 66.97 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-433487 701-49800-222 Truck #712 Bolt - Task #27434 3.50 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-433569 701-49800-222 Truck #712 Chasis Tie Rod - Task #27434 154.67 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-434136 701-49800-222 Fuses 9.90 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-434260 701-49800-222 Trailer #428 Fuses 45.28 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-434310 701-49800-222 Trailer Light Plug In #482 10.99 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-434392 701-49800-222 Trailer #428 Window Fuse 5.29 GENUINE PARTS COMPANY/NA 04/08/2019 111558 3270-434747 701-49800-222 Oil Change Unit 211 Task #28254 25.62 Total 111558:386.99 GOPHER ACE 04/08/2019 111559 B495805 101-43000-224 Hose for Brine Maker Public Works Department 36.39 GOPHER ACE 04/08/2019 111559 B497253 701-49800-222 Shop Supplies 20.68 GOPHER ACE 04/08/2019 111559 B497505 701-49800-222 Brine Tank Vent 4.98 GOPHER ACE 04/08/2019 111559 B497649 101-43000-224 Brine Maker Site Tube Public Works Department 23.66 GOPHER ACE 04/08/2019 111559 B497823 101-43000-224 Shop Supplies Public Works Department 13.92 GOPHER ACE 04/08/2019 111559 B497844 101-43000-224 Sign Mounting Supplies Public Works Department 33.99 GOPHER ACE 04/08/2019 111559 B498763 101-43000-224 Shop Supplies Public Works Department 1.85 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount GOPHER ACE 04/08/2019 111559 B499901 101-45200-221 Equipment Hardware Parks 1.32 GOPHER ACE 04/08/2019 111559 B500073 701-49800-222 Sealant 5.49 Total 111559:142.28 GRAINGER INC 04/08/2019 111560 9104343760 101-43000-224 Brine Tank Water Line Markers Public Works Department 4.12 Total 111560:4.12 H & L MESABI 04/08/2019 111561 03752 101-43000-224 Replacement Snow Plow Blades Public Works Department 1,950.26 Total 111561:1,950.26 HEALTH PARTNERS 04/08/2019 111562 88471626 101-21706 Health Insurance 4/2019 50,469.00 HEALTH PARTNERS 04/08/2019 111562 88471626 101-15998 Health Insurance 4/2019 4,314.50 HEALTH PARTNERS 04/08/2019 111562 88471626 101-42110-135 Health Insurance 4/2019 Police Department 654.50 Total 111562:55,438.00 HENNEPIN COUNTY INFOR TE 04/08/2019 111563 1000126928 101-43000-414 PW Radios 2/19 Public Works Department 173.84 Total 111563:173.84 HENNEPIN COUNTY SHERIFF 04/08/2019 111564 1000120875 101-41600-309 Jail Charges-Dec/2018 Law/Legal Services 861.00 HENNEPIN COUNTY SHERIFF 04/08/2019 111564 1000127466 101-41600-309 Jail Charges-Feb/2019 Law/Legal Services 270.00 Total 111564:1,131.00 HOTSYMINNESOTA.COM 04/08/2019 111565 62678 701-49800-403 PW Pressure Washer & Unit #715 Repair 561.45 Total 111565:561.45 JACKIE YOUNG 04/08/2019 111566 032519 101-45200-319 Park Meeting 3/4/19 Parks 165.00 JACKIE YOUNG 04/08/2019 111566 032519 101-41300-319 CC Meeting 3/11/19 Administration 190.00 JACKIE YOUNG 04/08/2019 111566 032519 101-42400-319 Planning Meeting 3/18/19 Building & Zoning 165.00 JACKIE YOUNG 04/08/2019 111566 032519 101-41300-319 CC Meeting 3/19/19 Administration 50.00 Total 111566:570.00 Jason Goehring 04/08/2019 111567 032619 101-43000-226 Waterproof Safety Work Boot Public Works Department 119.20 City of Orono Check Register - COUNCIL REPORT Page: 8 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Jason Goehring 04/08/2019 111567 032619 101-43000-226 Waterproof Safety Work Slip on Boot Public Works Department 69.68 Total 111567:188.88 KYLE KIRSCHNER 04/08/2019 111568 031419 101-42110-317 Xerxes Vet Care Police Department 460.38 Total 111568:460.38 LEAGUE OF MN CITIES 04/08/2019 111569 290712 101-42400-437 Intro to City Learning, Land Use Basics Building & Zoning 120.00 Total 111569:120.00 LOGIS 04/08/2019 111570 46255 101-42110-401 System Development Police Department 688.00 Total 111570:688.00 LUBE TECH ESI 04/08/2019 111571 1337602 701-49800-212 Diesel Fuel Replacement Nozzle 88.93 LUBE TECH ESI 04/08/2019 111571 1345487 701-49800-221 Diesel Fuel Replacement Nozzle 7.50 Total 111571:96.43 MANSFIELD OIL COMPANY 04/08/2019 111572 21196353 101-42110-212 Unleaded Fuel Police Department 785.14 MANSFIELD OIL COMPANY 04/08/2019 111572 21196926 101-42110-212 Unleaded Fuel Police Department 1,122.33 MANSFIELD OIL COMPANY 04/08/2019 111572 21196927 701-49800-212 Diesel Fuel 3,620.31 MANSFIELD OIL COMPANY 04/08/2019 111572 21212604 101-42110-212 Unleaded Fuel Police Department 2,589.53 MANSFIELD OIL COMPANY 04/08/2019 111572 21212605 701-49800-212 Diesel Fuel 1,956.53 Total 111572:10,073.84 MARGARET UNG 04/08/2019 111573 032919 101-41500-331 Mileage 3/8-3/29/19 Finance Department 25.52 MARGARET UNG 04/08/2019 111573 032919 101-41300-489 Feb Birthdays Administration 18.99 Total 111573:44.51 MEDIACOM 04/08/2019 111574 032119 614-49840-329 Internet 04/2019 Cable Franchise 1,187.00 Total 111574:1,187.00 MET COUNCIL ENVIRONMENTA 04/08/2019 111575 MARCH2019 101-39610 March 2019 SAC 24.85- MET COUNCIL ENVIRONMENTA 04/08/2019 111575 MARCH2019 101-20809 March 2019 SAC 2,485.00 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111575:2,460.15 Metro Sales Inc 04/08/2019 111576 INV1300518 710-49970-401 B&Z Copiers 3/19-6/18/19 214.96 Metro Sales Inc 04/08/2019 111576 INV1300519 710-49970-401 Copiers 3/19-6/18/19 588.79 Total 111576:803.75 METRO WEST INSPECTIONS S 04/08/2019 111577 1911 101-42400-310 Inspection Services Feb 2019 Building & Zoning 7,738.00 Total 111577:7,738.00 MHSRC/Range 04/08/2019 111578 629430-6944 101-42110-437 EVOC Law Enforcement Trg-M. Fournier Police Department 425.00 MHSRC/Range 04/08/2019 111578 629430-6959 101-42110-437 PIT Trg-T. Carlson Police Department 445.00 Total 111578:870.00 MINNEAPOLIS OXYGEN COMPA 04/08/2019 111579 00038974 101-42110-221 Medical Oxygen Police Department 43.40 MINNEAPOLIS OXYGEN COMPA 04/08/2019 111579 00038975 101-42110-221 Medical Oxygen Police Department 5.88 MINNEAPOLIS OXYGEN COMPA 04/08/2019 111579 0038973 701-49800-222 Oxygen & Acetylene 26.04 MINNEAPOLIS OXYGEN COMPA 04/08/2019 111579 20098670 101-42110-221 Medical Oxygen Police Department 160.92 Total 111579:236.24 MINNESOTA EQUIPMENT 04/08/2019 111580 E03013 101-45200-223 Snowblower for Crystal Bay Ice Rink Parks 629.00 MINNESOTA EQUIPMENT 04/08/2019 111580 E11049 701-49800-222 Unit 351 Front Blade 1,882.44 MINNESOTA EQUIPMENT 04/08/2019 111580 F01562 101-43000-415 Flail Mower Rental 1/18/19-1/29/19 Public Works Department 2,800.00 Total 111580:5,311.44 MN DEPT OF REVENUE-WIRE 04/08/2019 111581 033119 601-39610 Sales Tax 3/2019 114.00 MN DEPT OF REVENUE-WIRE 04/08/2019 111581 033119 101-34650 Sales Tax 3/2019 12.00 MN DEPT OF REVENUE-WIRE 04/08/2019 111581 033119 101-34210 Sales Tax 3/2019 22.00 MN DEPT OF REVENUE-WIRE 04/08/2019 111581 033119 101-45210-403 Sales Tax 3/2019 Golf Course 169.00 MN DEPT OF REVENUE-WIRE 04/08/2019 111581 033119 101-45210-221 Sales Tax 3/2019 Golf Course 59.00 Total 111581:376.00 MOUND TRUE VALUE 04/08/2019 111582 158854 101-42110-240 Squad Supplies Police Department 17.48 MOUND TRUE VALUE 04/08/2019 111582 158996 101-42110-221 Wipes, Key, Ratchet Police Department 39.47 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount MOUND TRUE VALUE 04/08/2019 111582 159242 101-42110-240 Squad Supplies Police Department 39.09 Total 111582:96.04 NAVARRE HARDWARE 04/08/2019 111583 316048 601-49400-240 Engineer Hammer Water 24.99 NAVARRE HARDWARE 04/08/2019 111583 316173 601-49400-240 Dry Filt Water 7.49 NAVARRE HARDWARE 04/08/2019 111583 316256 101-45210-223 GC Supplies Golf Course 22.45 NAVARRE HARDWARE 04/08/2019 111583 K16314 101-45210-223 GC Supplies Golf Course 63.05 Total 111583:117.98 NCPERS GROUP LIFE INS.04/08/2019 111584 6732000120 101-21710 Pera life 01/2019 336.00 NCPERS GROUP LIFE INS.04/08/2019 111584 6732000420 101-21710 Pera life 04/2019 352.00 Total 111584:688.00 NEWEGG INC 04/08/2019 111585 1301910487 710-49970-221 PD Squad Car Thermal Printer 360.59 Total 111585:360.59 NOLA DICKHAUSEN 04/08/2019 111586 032719 101-41300-331 Step To It Challenge Administration 26.33 NOLA DICKHAUSEN 04/08/2019 111586 032719 101-41300-433 MCFOA Membership Administration 145.00 Total 111586:171.33 NORTHERN DEWATERING INC 04/08/2019 111587 36587 101-43000-224 Gasket Public Works Department 20.34 Total 111587:20.34 NOVA COMMUNICATIONS 04/08/2019 111588 129943 710-49970-401 Reconnect Analog Line 235.00 Total 111588:235.00 O SULLIVANS HOLIDAY 546 04/08/2019 111589 022819 101-42110-402 02/19 Car Washes Police Department 77.00 Total 111589:77.00 O SULLIVANS HOLIDAY 547 04/08/2019 111590 022819 101-42110-402 02/19 Car Washes Police Department 111.84 City of Orono Check Register - COUNCIL REPORT Page: 11 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111590:111.84 OFFICE DEPOT 04/08/2019 111591 2813508770 101-42110-201 USB - PD Police Department 19.36 OFFICE DEPOT 04/08/2019 111591 2841500270 101-41900-201 Office Supplies Central Services 252.42 OFFICE DEPOT 04/08/2019 111591 2841514010 101-41900-201 Office Supplies Central Services 13.49 OFFICE DEPOT 04/08/2019 111591 2881207650 101-42110-201 Office Supplies - PD Police Department 35.43 OFFICE DEPOT 04/08/2019 111591 2881210990 101-42110-201 Office Supplies - PD Police Department 65.51 Total 111591:386.21 OUTDOOR ESCAPES OF LAKE 04/08/2019 111592 040119 101-22205 Escrow Refund Z18-000023 2815 Deer Run Trail 1,000.00 OUTDOOR ESCAPES OF LAKE 04/08/2019 111592 040119 101-39615 Escrow Refund Z18-000023 2815 Deer Run Trail 30.00- Total 111592:970.00 Perry's Truck Repair 04/08/2019 111593 49216 701-49800-222 Trucks #422 & 428 Hoses 138.00 Total 111593:138.00 PIRTEK 04/08/2019 111594 S2899228.00 101-43000-403 Pressure Washer Hose Repair Public Works Department 320.70 Total 111594:320.70 Premium Waters Inc 04/08/2019 111595 850551-02-1 101-42110-404 Spring Water Police Department 91.49 Total 111595:91.49 QUALITY FLOW SYSTEMS INC 04/08/2019 111596 36682 602-49450-406 Mission Units & 1-year Service Sewer 12,969.60 QUALITY FLOW SYSTEMS INC 04/08/2019 111596 36688 602-49450-406 GS #5 Replacement pumps Sewer 3,080.00 QUALITY FLOW SYSTEMS INC 04/08/2019 111596 36689 602-16500 LS #13 Remodel 28,600.00 QUALITY FLOW SYSTEMS INC 04/08/2019 111596 36691 602-16500 GS #9 Remodel 30,800.00 Total 111596:75,449.60 RANDY OBRIEN 04/08/2019 111597 030719 601-49400-437 St. Cloud Water School Water 201.40 Total 111597:201.40 Void Check 04/08/2019 111598 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111598:.00 Void Check 04/08/2019 111599 Total 111599:.00 Void Check 04/08/2019 111600 Total 111600:.00 Void Check 04/08/2019 111601 Total 111601:.00 Void Check 04/08/2019 111602 Total 111602:.00 Void Check 04/08/2019 111603 Total 111603:.00 Void Check 04/08/2019 111604 Total 111604:.00 Void Check 04/08/2019 111605 Total 111605:.00 Void Check 04/08/2019 111606 Total 111606:.00 Void Check 04/08/2019 111607 Total 111607:.00 Void Check 04/08/2019 111608 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111608:.00 Void Check 04/08/2019 111609 Total 111609:.00 Void Check 04/08/2019 111610 Total 111610:.00 Void Check 04/08/2019 111611 Total 111611:.00 Void Check 04/08/2019 111612 Total 111612:.00 Void Check 04/08/2019 111613 Total 111613:.00 Void Check 04/08/2019 111614 Total 111614:.00 Void Check 04/08/2019 111615 Total 111615:.00 Void Check 04/08/2019 111616 Total 111616:.00 Void Check 04/08/2019 111617 Total 111617:.00 Void Check 04/08/2019 111618 City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 111618:.00 Void Check 04/08/2019 111619 Total 111619:.00 RANDYS ENVIRONMENTAL SER 04/08/2019 111620 MARCH2019 101-41900-404 Garbage Service Central Services 358.66 RANDYS ENVIRONMENTAL SER 04/08/2019 111620 MARCH2019 101-45200-404 Garbage Service Parks 465.79 RANDYS ENVIRONMENTAL SER 04/08/2019 111620 MARCH2019 101-45210-404 Garbage Service Golf Course 72.47 Total 111620:896.92 RASMUSSEN, LYNNE 04/08/2019 111621 040119 101-22205 Escrow Refund #2016-01192 1285 French Creek Dr 2,500.00 Total 111621:2,500.00 ROB HOWELLS 04/08/2019 111622 1ST QTR 20 614-49840-319 1st Qtr Video Streaming Cable Franchise 890.00 Total 111622:890.00 SECURITY & SOUND CO 04/08/2019 111623 20865 101-42110-404 Door Access and Camera Repair Police Department 1,894.00 Total 111623:1,894.00 SiteOne Landscape Supply LLC 04/08/2019 111624 89699467-00 651-49910-227 Storm Water 221.44 Total 111624:221.44 SRF CONSULTING GROUP INC 04/08/2019 111625 11400.00-10 408-48800-590 CSAH 112 PH2 Landscape 18-043 960.83 Total 111625:960.83 STREICHERS POLICE EQUIP 04/08/2019 111626 CM281818 101-42110-226 Tactical Pouch Return Police Department 248.00- STREICHERS POLICE EQUIP 04/08/2019 111626 CM281908 101-42110-226 Holster Police Department 107.99- STREICHERS POLICE EQUIP 04/08/2019 111626 I1352669 101-42110-550 Squad Endcap Replacement Police Department 79.99 STREICHERS POLICE EQUIP 04/08/2019 111626 I1354390 101-42110-226 Battery Police Department 29.99 STREICHERS POLICE EQUIP 04/08/2019 111626 I1354541 101-42110-226 Pants & Under Vest Shirt Police Department 168.97 STREICHERS POLICE EQUIP 04/08/2019 111626 I1354749 101-42110-226 Glove Pouch Police Department 20.99 STREICHERS POLICE EQUIP 04/08/2019 111626 I1355392 101-42110-226 Boots Police Department 219.99 City of Orono Check Register - COUNCIL REPORT Page: 15 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount STREICHERS POLICE EQUIP 04/08/2019 111626 I1355497 101-42110-226 Badges Police Department 649.95 STREICHERS POLICE EQUIP 04/08/2019 111626 I1355647 101-42110-229 Explorer Shirt Police Department 56.00 STREICHERS POLICE EQUIP 04/08/2019 111626 I1355963 101-42110-228 Ammunition Police Department 3,589.05 Total 111626:4,458.94 Void Check 04/08/2019 111627 WILLIAMS TOWING 04/08/2019 111627 149739 231-45650-436 Tow Case #OR19002017 155.00 Total 111627:155.00 Void Check 04/08/2019 111628 SUN LIFE FINANCIAL 04/08/2019 111628 0419LIFE 101-15998 Life Ins-Apr/2019 43.40 SUN LIFE FINANCIAL 04/08/2019 111628 0419LIFE 101-21710 Life Ins-Apr/2019 1,022.30 SUN LIFE FINANCIAL 04/08/2019 111628 0419STD 101-21714 STD-Apr/2019 901.45 Total 111628:1,967.15 Void Check 04/08/2019 111629 Sundean, Charlie 04/08/2019 111629 032519 101-45210-404 Install GC Water Softener Golf Course 600.00 Total 111629:600.00 Void Check 04/08/2019 111630 Wright-Hennepin Coop Electric 04/08/2019 111630 3502706270 101-45200-381 Brush Site 2/1/19-3/1/19 Parks 23.26 Wright-Hennepin Coop Electric 04/08/2019 111630 3502706270 101-43000-386 Electical Service 2/1/19-3/1/19 Public Works Department 152.80 Wright-Hennepin Coop Electric 04/08/2019 111630 3502706270 101-45210-319 GC Security 4/1-4/30/19 Golf Course 40.76 Total 111630:216.82 Void Check 04/08/2019 111631 WS&D Permit Service Inc 04/08/2019 111631 040219 101-32510 Permit Refund - RBG19-000007 2780 White Oak Ci 123.37 Total 111631:123.37 Void Check 04/08/2019 111632 TALLEN AND BAERTSCHI 04/08/2019 111632 032019 101-41600-306 Prosecution Services-03/2019 Law/Legal Services 2,806.09 Total 111632:2,806.09 City of Orono Check Register - COUNCIL REPORT Page: 16 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Void Check 04/08/2019 111633 THE HARTFORD 04/08/2019 111633 042019 101-21713 LTD 4/2019 1,759.87 Total 111633:1,759.87 Void Check 04/08/2019 111634 YAMAHA MOTOR CORP.04/08/2019 111634 MAN121068 101-45210-415 Utility Cart Rental Golf Course 295.00 Total 111634:295.00 Void Check 04/08/2019 111635 THOMSON WEST 04/08/2019 111635 839693796 101-42110-311 West Information Police Department 200.94 Total 111635:200.94 Void Check 04/08/2019 111636 TOLL GAS & WELDING SUPPLY 04/08/2019 111636 10287049 701-49800-222 Welding Supplies 96.32 Total 111636:96.32 Void Check 04/08/2019 111637 UNITED STATES POSTAL SERVI 04/08/2019 111637 040419 651-49910-322 1st Qtr Utility Bills Storm Water 529.37 UNITED STATES POSTAL SERVI 04/08/2019 111637 040419 602-49450-322 1st Qtr Utility Bills Sewer 529.38 UNITED STATES POSTAL SERVI 04/08/2019 111637 040419 601-49400-322 1st Qtr Utility Bills Water 96.25 Total 111637:1,155.00 Void Check 04/08/2019 111638 VANGUARD CLEANING SYSTE 04/08/2019 111638 65090 101-41900-407 Janitorial service Central Services 1,435.50 VANGUARD CLEANING SYSTE 04/08/2019 111638 65090 101-42110-407 Janitorial service Police Department 1,039.50 Total 111638:2,475.00 Void Check 04/08/2019 111639 VARNER MOBILE SERVICES LL 04/08/2019 111639 7168 701-49800-402 Annual Dot Truck, Trailer Inspections 1,890.00 VARNER MOBILE SERVICES LL 04/08/2019 111639 7171 701-49800-402 Inspect Unit #425 215.00 Total 111639:2,105.00 Void Check 04/08/2019 111640 City of Orono Check Register - COUNCIL REPORT Page: 17 Check Issue Dates: 3/20/2019 - 4/8/2019 Apr 04, 2019 09:52AM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount WACONIA FORD SALES INC 04/08/2019 111640 FOCS12970 101-42110-402 Squad Repair Police Department 31.69 Total 111640:31.69 Void Check 04/08/2019 111641 WATER CONSERVATION SVC IN 04/08/2019 111641 9402 601-49400-405 Leak Locates & Report Water 1,568.00 Total 111641:1,568.00 Void Check 04/08/2019 111642 Total 111642:.00 Grand Totals: 245,435.93 AGENDA ITEM Prepared By: AMC Reviewed By: AMC Approved By: DJR 1. Purpose. The purpose of this action item is to approve the issuance of a 2019 Hennepin County Water Patrol Special Event Permit for use of Long Lake by the Long Lake Rowing Crew. 2. Background. The Long Lake Rowing Crew (LLRC) is again requesting permission from the Water Patrol for a Sheriff’s Special Event Permit for use of Long Lake for regular rowing practice during the 2019 boating season. The Water Patrol standard procedure requires written approval by the affected local government bodies prior to issuing such permits. Hours of operation are proposed to be similar to previous years (see Exhibit A). 3. Public Comment. The City has not received any comments regarding this use. 4. Staff Recommendation. Staff recommends approval subject to the provisions stated in Orono’s previous years proposals: 1) no organized practice on Sundays, and 2) the activity shall not impede the use of the Summit Park Beach facilities and access by the public. COUNCIL ACTION REQUESTED Motion to direct staff to send a letter to the Sheriff’s Water Patrol approving issuance of the Special Event Permit for the Long Lake Rowing Crew for the 2019 season subject to the above-noted conditions. Exhibits A. LLRC Practice Times B. Water Patrol Special Event Permit Application Item No.: 4 Date: April 8, 2019 Item Description: Approval of Hennepin County 2018 Special Event Permit – Long Lake Rowing Crew Presenter: Anna Carlson, City Clerk Agenda Section: Consent Agenda April/May and September/October: Monday - Friday 6:00-7:30 a.m. Monday - Thursday 3:45-6:30 p.m. Monday & Wednesdays until 8:00 p.m. June/July/August: Monday - Thursday 6:00-11:00 a.m. & 3:00-6:00 p.m. Monday & Wednesday 6:00-8:00 p.m. Friday 6:00-7:30 a.m. Saturday 7:00-12:00 Noon Long Lake Rowing Schedule & Practice Times AGENDA ITEM Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR Purpose. The purpose of this action item is to gain approval to purchase a 2019 Polaris ATV. Background. The police department has currently has a 2004 Yamaha Grizzly 450 ATV (four wheeler). This ATV will not start and a quote for repairs is $650-$700. Trade value “as is” is $2000.00. Recommendation to replace the current four-wheeler that we use for special events with a UTV. This UTV would be used for special events, trail patrol and off-road emergency responses. The UTV is a 2 –door Polaris Ranger XP 1000. It will be fully equipped with doors, windshield, roof, heater and emergency lighting. This UTV give the police department year round use and capabilities that our current four wheel does not offer. Cost. The City is using the state contracted pricing for the purchasing of this UTV. Polaris Sales Inc. in Medina will be used for purchasing the new UTV and St. Boni Motorsport offered the best price for the 2004 Yamaha Grizzly 450. Funding. This purchase will be funded through the Police Capital Outlay Fund of the police budget. Staff Recommendation. I recommend that we purchase the Polaris Ranger XP 1000 from Polaris Sales Inc. in Medina for $26,370.44 and the sale of the 2004 Yamaha Grizzly 450 to St. Boni. Motorsports for $2000.00 COUNCIL ACTION REQUESTED Motion to approve the purchase of Polaris Ranger and sale of the 2004 Yamaha Grizzly. Exhibits A. Quote from Polaris Sales Inc. Item No.: 5 Date: April 8, 2019 Item Description: Authorization to Purchase Polaris UTV Replacement Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda Dealership Make Model Quote Polaris Sales Inc. (Medina) Polaris Ranger XP 1000 $26,370.44 St. Boni Motor Sports Yamaha Grizzly 450 $2,000.00 Total $24,370.44 Tony WittkeName: Email:twittke@ci.orono.mn.us (952)249-4700 Contact Information: Phone: Fax: Sourcewell Contract #: Expiration Date: Cage: Tax ID#: 3FP69 123399383 41-1921490 051717-PSI 7/18/2021 Duns#: Contract Name: Customer#: Quote Number: Date: 4/28/2019Quote Expires: 3/29/2019 2:08 PM QUO-03321-H6J6C6 Revision #:0 Orono Police Department 2730 Kelly Pkwy Orono, 55356 Bill To: Orono, 55356 Orono Police Department 2730 Kelly Pkwy Ship To: Freight Delivery Terms Payment Terms Payment Methods FOB Destination-CONUS US Continental (CONUS) Only 60 Days Net 30 Visa Mastercard Wire Check Item #QTY Description MSRP Discount Price Extended R18RRE99AM 1 RANGER XP 1000 EPS Matte Titanium Metallic - 49 State $16,299.00 $13,519.20 $13,519.20 2883266 1 XP Hardcoat Vented Poly Windshield (will accept Wiper) $569.99 $488.15 $488.15 2882901 1 XP 1000 Clearview Poly Doors $2,099.99 $1,798.48 $1,798.48 2882912 1 XP Poly Premium Roof (features roof liner) $539.99 $462.46 $462.46 2879013 1 XP Glass Rear Panel $389.99 $334.00 $334.00 2882711 1 XP 1000 Polaris Dual Speed Pro HD 4500 LB Winch $849.99 $727.95 $727.95 2882753 1 XP 1000 Heater/Defroster $999.99 $856.41 $856.41 2883124 1 Rigid SR-Series Single Row 32" Combo Bar (20,084 lumens) $789.99 $676.57 $676.57 2882904 1 XP 1000 Pulse 6 Roof Wire Connection Cable $94.99 $81.35 $81.35 2883230 1 XP 1000 Single Light Bar Wire Harness $84.99 $72.79 $72.79 5414966 1 Light Bar Wire Harness Roof Guide $35.19 $30.14 $30.14 5415049 1 Light Bar Wire Harness Roof Grommet $2.19 $1.88 $1.88 Quote: Page 1 of 3 www.polaris.com gov.info@polaris.com QUOTE Phone: 866-468-7783 Fax: 763-847-8288 Polaris Sales Inc 2100 Hwy 55, Medina (Hamel), MN 55340 Freight Delivery Terms Payment Terms Payment Methods FOB Destination-CONUS US Continental (CONUS) Only 60 Days Net 30 Visa Mastercard Wire Check Item #QTY Description MSRP Discount Price Extended 2883966 1 Hood / Door Graphics for Fire, Rescue, Police or Sheriff $899.99 $770.77 $770.77 2883978 1 Standard Emergency Light Kit $4,999.99 $4,282.11 $4,282.11 2883870 1 Turn Signal System with Horn $599.99 $513.85 $513.85 2881439 1 RANGER Wide Angle Rearview Mirror $134.99 $115.61 $115.61 5416402 2 Pro Armor Preserve Rear Tire (26x10-12) Rear, each $189.99 $162.71 $325.42 5416403 2 Pro Armor Preserve Front Tire (26x8-12) Front, each $179.99 $154.15 $308.30 5453725-464 1 FENDER-FRONT,RH,LE,BLK $404.99 $0.00 $0.00 5453723-566 1 FENDER-FRONT,LH,LE,WHT PRL $424.99 $0.00 $0.00 Comments:" Please put take off stock tires in the Cargo box for delivery. *Installation Pricing is Open Market SUBTOTAL $25,365.44 INSTALL*$1,005.00 FREIGHT $0.00 TAX $0.00 TOTAL $26,370.44 Phone: 1-888-799-4737 ABA#: 091 000 022 Acct#: 1 702 2513 9170 Ref: Sourcewell Orono Police Department Wire Payment: US Bank 602 2nd Ave South Minneapolis, MN 55402 Acceptance and Payment Information PO#: Ship To Address:Billing Address: Quote: Page 2 of 3 www.polaris.com gov.info@polaris.com QUOTE Phone: 866-468-7783 Fax: 763-847-8288 Polaris Sales Inc 2100 Hwy 55, Medina (Hamel), MN 55340 To accept this quotation, sign here and return: Credit Card Type: Credit Card Holder: Name: Address: Address: Address: City, State & ZIP: Contact Name: Phone: Alternate Contact Name: Alternate Phone: Email: Name: Address: Address: Address: City, State & ZIP: Contact Name: Phone: Alternate Contact Name: Alternate Phone: Email: Printed name: VISA /Mastercard Card Number: Expiration Date: Quote: Page 3 of 3 www.polaris.com gov.info@polaris.com QUOTE Phone: 866-468-7783 Fax: 763-847-8288 Polaris Sales Inc 2100 Hwy 55, Medina (Hamel), MN 55340 AGENDA ITEM Prepared By: Correy Farniok Reviewed By: DJR Approved By: DJR Purpose. In 2006, six local police departments serving the Lake Minnetonka Area formed the Lake Minnetonka SWAT. At that time the departments saw a need for an emergency response unit to provide a rapid response to emergency events in our communities to protect our citizens from hostile crime of violence. The Lake Minnetonka SWAT team works in conjunction with our Lake Minnetonka Emergency Management plan. The Lake Area SWAT team provides security and support to critical incidents, secures and maintains emergency incident scenes, provides emergency police support for protecting first responders and aids in crime scene preservation. The Lake Minnetonka SWAT team has operated for more than 12 years. In 2018 the League of MN Cities suggested that a more formal agreement be entered into by the departments that are a part of the Lake Minnetonka SWAT team. Agreements were obtained by several other agencies that have a multi- department SWAT team and the Lake Minnetonka SWAT team Joint Powers Agreement (JPA) was developed. The JPA has been reviewed and approved by our city attorney as well at attorneys from other agencies. *Participating agencies: Orono Police Department, Minnetrista Police Department, Wayzata Police Department, South Lake Public Safety Department and West Hennepin Public Safety Department. *Mound Police Department was the sixth agency Staff Recommendation. 1).Motion to approve the Lake Minnetonka SWAT Joint Powers Agreement. 2). Resolution authorizing Orono to enter into a Joint Powers Agreement governing the Lake Minnetonka SWAT team Exhibits A. Joint Powers Agreement B. Resolution Item No.: 6 Date: April 8, 2019 Item Description: Approval of the Lake Minnetonka SWAT Joint Powers Agreement Presenter: Correy Farniok Police Chief Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION AUTHORIZING ORONO TO ENTER INTO A JOINT POWERS AGREEMENT GOVERNING THE LAKE MINNETONKA SWAT TEAM WHEREAS, the purpose of the joint powers agreement (“Agreement”) is to establish an organization, the Lake Minnetonka Swat Team, to jointly and cooperatively coordinate efforts to develop and provide a response to critical incidents or high-risk situations where there is a risk of criminal violence occurring with the jurisdiction of the Members of the Lake Minnetonka Swat Team. WHEREAS, the Members are entering into the Agreement to establish, equip and operate an organization to coordinate their effort to develop and provide a joint response to critical incidents or high risk situations in their jurisdictions where there is a risk of criminal violence, through the use of negotiations and specialized tactics: and, WHEREAS, the Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute 471.59; and, WHEREAS, the Agreement is attached hereto as EXHIBIT A; and, WHEREAS, the Agreement is consistent the previously authorized; involvement of the Lake Minnetonka SWAT Team; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ORONO, that it should and hereby approve Orono Police Department to enter into the Agreement. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8th day of April, 2019. ATTEST: ___________________________ _________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor 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 $14.00 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 , 2 0 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 Requesting Approval 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 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.: 7 Date: April 8, 2019 Item Description: Appointment of 2019 Seasonal Employees Presenter: Jason Goehring, Parks and Golf Course Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: SO Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to gain council acceptance of the proposal to paint the interior of the Navarre and North Water Plants. 2. Background. The interior of municipal water plants is a harsh environment with constant high levels of humidity and the presence of caustic chemicals. Part of the routine preventative maintenance is to keep the interior including the critical piping and infrastructure painted. a. Project Scope. This project will see the interior of the both water plants painted. 3. Cost. The City received two quotes for. The lowest quote from a qualified contractor is for $ 63,250 from Champion Coatings Inc. Contractor Quote Champion Coatings Inc $ 63,250 R&H Painting, LLC $ 98,000 4. Funding. This project will be funded through the Water Enterprise Fund. The Capital Improvement Plan (CIP) programmed $ 99,000 for project. The Water Fund balance is projected to be $215,890 at the end of 2017. 5. Staff Recommendation. I recommend that Council accept the quotes from Champion Coatings Inc. COUNCIL ACTION REQUESTED Motion to accept the quote in the amount of $ 63,250 from Champion Coatings Inc for painting the interior of the Navarre and North Water Plants. Item No.: 8 Date: April 8, 2019 Item Description: Navarre Water Plant Interior Painting Presenter: Scott Oberaigner, Public Works Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: SO & Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is to gain approval to proceed with roofing replacement on the Navarre Water Plant. 2. Background. The Navarre water plant developed a leak over the softener apparatus this winter. Upon further inspection of the roof it was determined that three quarters of the roof was near failure and the most cost effective option at his point would be to replace the rood. The rubber membrane is well beyond its useful life and the roof is beginning to lose its shape. 3. Project Scope. The project will consist of the removal of the existing membrane, roofing insulation, sheet metal coping, and any rotten plywood. Then new plywood, insulation and membrane will be installed with perimeter flashing. 4. Cost. The City received a two quotes of from the lowest quote was from Allweather roof for $32,500. Contractor Quote Allweather Roof $ 32,500 Mint Roofing $ 48,950 5. Funding. This project will be funded by the Water Fund. The Fund has Projected 2019 year-end balance of $215,890. 6. Staff Recommendation. I recommend that the city council authorize the replacement of the Navarre Water plant. COUNCIL ACTION REQUESTED Motion to authorize All Weather to replace the Navarre Water plant for $32,500. Item No.: 9 Date: April 8, 2019 Item Description: Navarre Water Plant Roof Replacement Presenter: Scott Oberaigner, Public Works Supervisor Agenda Section: Consent Agenda AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this action item is for council to accept a proposal for water meter replacements for 2019. 2. Background. The city’s existing meter reading system was installed in 2003. The life expectancy of the batteries within the meter transmitter unit (MTU) within the system is 15-20 years. The city is already experiencing increasing numbers of battery failures which is making collection of data for water billing purposes more difficult. Additionally, as mechanical meters age they begin to underreport. By the time they reach the end of their life, meters under report by an average of 10%. Meter technology and associated hardware and software has developed significantly since the City’s last meter swap out. New solid state meters retain their accuracy throughout their life (20years). In addition, the newer radio transmitters, receivers and software allow for more efficient meter reading and integration with billing software. New transmitters and receivers will facilitate monthly meter readings if the city decides to go that way. Currently the city reads and bills quarterly. In March the city solicited bids for a change out over 5 years, however during the concurrent water rate study, staff developed a plan to extend the change out period in order to help limit water rate increases. Changing out the meters over a longer timeframe minimizes the water rate increases and allows the city to maximize use of those meters that still have reasonable life left in them. At the March 11th council meeting Council directed staff to develop an alternative change out plan. Staff developed a plan to change out meters in 2019, 2021, 2024 and 2027. 3. 2019 Project Scope. The scope for 2019 includes changing out 191 meters, procuring a vehicular mounted reader and upgrading the meter reading software. 4. Cost. The city solicited a pricing proposal for our current meter supplier, Ferguson Waterworks. Ferguson provided a quote of $70,350.00. 5. Funding. This project will be funded through the Water Enterprise Fund. The 2019 Capital Improvement Plan (CIP) programmed $ 90,000/ year for 5 years. 6. Staff Recommendation. Staff recommend acceptance of the Quote from Ferguson. COUNCIL ACTION REQUESTED Motion to accept the quote from Ferguson Water works for $70,350.00. Exhibits A. Quote from Ferguson Water works Item No.: 10 Date: April 8, 2019 Item Description: Water Meter Replacement Presenter: Adam Edwards, City Engineer/Dir of Public Works Agenda Section: Consent Agenda Neptune Water Meter Pricing, Provided by Ferguson Waterworks City: Orono Date:4/3/2019 Product Description: Size:Quantity:Price each:Total Price: Neptune Mach10 Meter, ultrasonic, AMR Radio Read 5/8 x 3/4 144 Mach10 complete meter Ecoder R900i, gallon $210.00 $30,240.00 3/4 20 Mach10 complete meter Ecoder R900i, gallon $255.00 $5,100.00 1 25 Mach10 complete meter Ecoder R900i, gallon $265.00 $6,625.00 1 1/2 2 Mach10 complete meter Ecoder R900i, gallon $650.00 $1,300.00 Meter Installation Services 5/8 x 3/4 144 Basic installation of Mach10 meter $65.00 $9,360.00 3/4 20 Basic installation of Mach10 meter $65.00 $1,300.00 1 25 Basic installation of Mach10 meter $65.00 $1,625.00 1 1/2 2 Basic installation of Mach10 meter $175.00 $350.00 Reading System Host Software 1 Software and configuration $2,400.00 $2,400.00 1 Annual software license fee $1,550.00 $1,550.00 1 Mapping and Mobility Module, annual license fee $500.00 $500.00 Meter Reading Equipment 1 MRX920 mobile data collector and MX900 software $10,000.00 $10,000.00 Total Initial Cost for 2019 $70,350.00 Notes: ALL PRICING VALID UNTIL 4-30-2019 Basic installation does not include installing or changing valves, ground wires, freeze kits, or additonal associated plumbing Thanks, Marc Meeden AMR / AMI Specialist Ferguosn Waterworks marc.meeden@ferguson.com 612-212-0757 AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR 1.Purpose. This application is regarding variances (lot width, lot area, average lakeshore setback, 75-foot setback and hardcover) to build a new home on the property utilizing a portion of the existing foundation. 2.MN§15.99 Application Deadline. The application was received and considered to be complete on February 18th. Therefore the 60-Day review period expires on April 19, 2019. 3.Background/ Summary. The applicant is proposing to construct a new home on the property, in the same lakeside footprint as the current home. (the home will expand on the street side) The existing home is 61.2 feet from the OWHL, and encroaches up to 24 feet lakeward of the average lakeshore setback line. The proposed home will be a walk-out rambler similar to the existing house style, but because they plan to increase ceiling heights from existing and therefore expand the volume of the home, as well as construct a lake side patio in a new location, variances are requested. 4.Planning Commission Vote and Comment. On March 18, 2019, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion to approve the variances, however recommended the applicant reduce the size of the proposed lakeside patio to minimize the new hardcover within the 75-foot setback. The applicants provided a revised plan reflecting a reduction in the proposed patio of 173 square feet within the 75-foot setback. 5.Public Comment. No comments from the public were submitted. 6.Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED The Council should consider a motion to adopt or amend the approval resolution. Exhibits A.Draft Resolution B.Proposed/Revised Plans C.Draft PC Minutes D.PC Staff Report References PC Exhibits of 03/18/19 Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. City Engineer Comments Item No.: 11 Date: April 8, 2019 Item Description: LA19-000007 – Tom Rauscher o/b/o Donald & Heidi Haberman, 2799 Pheasant Road – Resolution Presenter: Melanie Curtis, Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J Barnhart Approved By: DJR Exhibit H. Property Owners List Exhibit I. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-330; 78-1279; AND 78-1680 FILE NO. LA19 -000007 WHEREAS, on February 18, 2019, Donald Haberman and Heidi Haberman, a married couple (hereinafter the “Applicants”), applied for a variance from the City Code for the property addressed 2799 Pheasant Road and legally described as: Lot 12, Pheasant Lawn, 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 redevelopment of a lot of record 0.7 acre in area and having 123 feet in width at the ordinary high water level (OHWL) and 111 feet in width at the 75-foot setback where 1.0 acre in area and 140 feet in width are required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of the home with a larger building envelope 24 feet lakeward of the average lakeshore setback; and 61.2 feet from the OWHL where a 75-foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 945 square feet of hardcover within the 75-foot setback where no hardcover is permitted; and WHEREAS, on March 18, 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 March 18, 2019, the Planning Commission recommended approval of the variances conditioned upon reduction of the portion of new lakeside patio within the 75-foot setback; and WHEREAS, on March 20, 2019 as requested by the Planning Commission, the Applicants provided a revised plan reflecting a 173 square foot reduction of the proposed lakeside patio within the 75-foot setback from 462 square feet to 289 square feet; CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on April 8, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby [approves/denies] 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 #LA19-000007. 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 Zoning District. 3. The Property contains 0.7 acres in area and has a defined lot width of 123 feet at the OWHL and 111 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. Lot Area Variance b. Lot Width Variance c. 75-Foot Setback and Hardcover Variances d. Average Lakeshore 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 lot includes difficulties in its substandard size and width, location of adjacent homes, and the existing home’s proximity to the lake. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to develop a nonconforming lot of record 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 the home on the substandard lot, in the proposed location within the lake and average lakeshore setbacks, appears to be somewhat reasonable as the Applicants are proposing to build within the existing lakeside footprint, the Property’s nonconforming size, and the neighboring homes’ orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level, and building encroachments proposed within the lake yard and average lakeshore setback do not exceed existing setbacks and do not appear to be unreasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The nonconforming lot size, the existing home’s location with respect to the lake and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as the use for a residential home is an allowed use in the LR-1B District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The Property’s substandard size and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Applicants in redeveloping the Property consistent with the homes in their neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the Applicants. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting lot area, lot width, hardcover, average lakeshore and lake setback variances are necessary for the preservation of the property right of the Applicants. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested hardcover, lot area, lot width, average lakeshore setback and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The requested variances for lot width, lot area, and setback are necessary, and do not merely serve as a convenience to the Applicants. 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 redevelopment of a lot of record 0.7 acre in area and having 123 feet in width at the ordinary high water level (OHWL) and 111 feet in width at the 75-foot setback where 1.0 acre in area and 140 feet in width are required; and Section 78-1279 to allow construction of the home with a larger building envelope CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 24 feet lakeward of the average lakeshore setback; and 61.2 feet from the OWHL where a 75- foot setback is required; and Section 78-1680 to allow 945 square feet of hardcover within the 75- foot setback where no hardcover is permitted in conjunction with redevelopment of 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 revised survey dated 03/20/19 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 variances will expire on that date (April 8, 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 8th day of April, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor L a k e M i n n e t o n k a Ph e a s a n t R o a d S1 Mi n n e t o n k a , M i n n e s o t a 5 5 3 4 5 Ph o n e ( 9 5 2 ) 4 7 4 - 7 9 6 4 17 9 1 7 H i g h w a y 7 We b : w w w . a d v s u r . c o m SH E E T 1 O F 1 40 20 0 LE G A L D E S C R I P T I O N : Lo t 1 2 , P H E A S A N T L A W N , H e n n e p i n C o u n t y , M i n n e s o t a . LO T A R E A = 3 1 , 3 4 2 S Q U A R E F E E T SC O P E O F W O R K & L I M I T A T I O N S : 1. S h o w i n g t h e l e n g t h a n d d i r e c t i o n o f b o u n d a r y l i n e s o f t h e l e g a l d e s c r i p t io n l i s t e d a b o v e . T h e s c o p e o f o u r s e r v i c e s d o e s n o t i n c l u d e de t e r m i n i n g w h a t y o u o w n , w h i c h i s a l e g a l m a t t e r . P l e a s e c h e c k t h e l e g a l d e sc r i p t i o n w i t h y o u r r e c o r d s o r c o n s u l t w i t h c o m p e t e n t l e g a l co u n s e l , i f n e c e s s a r y , t o m a k e s u r e t h a t i t i s c o r r e c t a n d t h a t a n y m a t t e r s o f r e c o r d , s u c h a s e a s e m e n t s , t h a t y o u w i s h t o b e i n c l u d e d o n t h e su r v e y h a v e b e e n s h o w n . 2. S h o w i n g t h e l o c a t i o n o f o b s e r v e d e x i s t i n g i m p r o v e m e n t s w e d e e m n e c e s s a r y f o r t h e s u r v e y . 3. S e t t i n g s u r v e y m a r k e r s o r v e r i f y i n g e x i s t i n g s u r v e y m a r k e r s t o e s t a b l i s h t h e c o r n e r s o f t h e p r o p e r t y . 4. S h o w i n g e l e v a t i o n s o n t h e s i t e a t s e l e c t e d l o c a t i o n s t o g i v e s o m e i n d i c a ti o n o f t h e t o p o g r a p h y o f t h e s i t e . W e h a v e a l s o p r o v i d e d a be n c h m a r k f o r y o u r u s e i n d e t e r m i n i n g e l e v a t i o n s f o r c o n s t r u c t i o n o n t h i s si t e . T h e e l e v a t i o n s s h o w n r e l a t e o n l y t o t h e b e n c h m a r k p r o v i d e d on t h i s s u r v e y . U s e t h a t b e n c h m a r k a n d c h e c k a t l e a s t o n e o t h e r f e a t u r e s h o w n o n t h e s u r v e y w h e n d e t e r m i n i n g o t h e r e l e v a t i o n s f o r u s e o n th i s s i t e o r b e f o r e b e g i n n i n g c o n s t r u c t i o n . 5. T h i s s u r v e y h a s b e e n c o m p l e t e d w i t h o u t t h e b e n e f i t o f a c u r r e n t t i t l e c o m mi t m e n t . T h e r e m a y b e e x i s t i n g e a s e m e n t s o r o t h e r e n c u m b r a n c e s th a t w o u l d b e r e v e a l e d b y a c u r r e n t t i t l e c o m m i t m e n t . T h e r e f o r e , t h i s s u r v ey d o e s n o t p u r p o r t t o s h o w a n y e a s e m e n t s o r e n c u m b r a n c e s o t h e r th a n t h e o n e s s h o w n h e r e o n . 6. N o t e t h a t a l l b u i l d i n g d i m e n s i o n s a n d b u i l d i n g t i e d i m e n s i o n s t o t h e p r o p e r t y l i n e s , a r e t a k e n f r o m t h e s i d i n g a n d o r s t u c c o o f t h e b u i l d i n g . 7. W h i l e w e s h o w a p r o p o s e d l o c a t i o n f o r t h i s h o m e o r a d d i t i o n , w e a r e n o t a s f am i l i a r w i t h y o u r p r o p o s e d p l a n s a s y o u , y o u r a r c h i t e c t , o r t h e bu i l d e r a r e . R e v i e w o u r p r o p o s e d l o c a t i o n o f t h e i m p r o v e m e n t s a n d p r o p o s e d y a r d g r a d e s c a r e f u l l y t o v e r i f y t h a t t h e y m a t c h y o u r p l a n s be f o r e c o n s t r u c t i o n b e g i n s . A l s o , w e a r e n o t a s f a m i l i a r w i t h l o c a l c o d e s a nd m i n i m u m r e q u i r e m e n t s a s t h e l o c a l b u i l d i n g a n d z o n i n g of f i c i a l s i n t h i s c o m m u n i t y a r e . B e s u r e t o s h o w t h i s s u r v e y t o s a i d o f f i c i a ls , o r a n y o t h e r o f f i c i a l s t h a t m a y h a v e j u r i s d i c t i o n o v e r t h e pr o p o s e d i m p r o v e m e n t s a n d o b t a i n t h e i r a p p r o v a l s b e f o r e b e g i n n i ng c o n s t r u c t i o n o r p l a n n i n g i m p r o v e m e n t s t o t h e p r o p e r t y . 8. W h i l e w e s h o w t h e b u i l d i n g s e t b a c k l i n e s p e r t h e C i t y o f O r o n o w e b s i t e , w e su g g e s t y o u s h o w t h i s s u r v e y t o t h e a p p r o p r i a t e c i t y o f f i c i a l s t o be s u r e t h a t t h e s e t b a c k l i n e s a r e s h o w n c o r r e c t l y . D o t h i s B E F OR E y o u u s e t h i s s u r v e y t o d e s i g n a n y t h i n g f o r t h i s s i t e . ST A N D A R D S Y M B O L S & C O N V E N T I O N S : "●" D e n o t e s i r o n s u r v e y m a r k e r , s e t , u n l e s s o t h e r w i s e n o t e d . #LI C E N S E N O . DA T E FE B R U A R Y 1 5 , 2 0 1 9 DA T E D R A F T E D : FE B R U A R Y 1 5 , 2 0 1 9 # 5 2 7 1 6 Jo s h u a S . R i n k e DE C . 7 , 2 0 1 8 DA T E S U R V E Y E D : SU R V E Y E D B Y AD V A N C E D S U R V E Y I N G . & E N G . , C O . GR A D I N G & E R O S I O N C O N T R O L N O T E S : BE F O R E D E M O L I T I O N A N D G R A D I N G B E G I N x In s t a l l s i l t f e n c e / b i o r o l l a r o u n d t h e p e r i m e t e r o f t h e c o n s t r u ct i o n a r e a . x Se d i m e n t c o n t r o l m e a s u r e s m u s t r e m a i n i n p l a c e u n t i l f i n a l s t a b il i z a t i o n h a s b e e n es t a b l i s h e d a n d t h e n s h a l l b e r e m o v e d . S e d i m e n t c o n t r o l s m a y b e r e m o v e d t o ac c o m m o d a t e s h o r t t e r m c o n s t r u c t i o n a c t i v i t y b u t m u s t b e r e p l a c ed b e f o r e t h e n e x t ra i n . x A t e m p o r a r y r o c k c o n s t r u c t i o n e n t r a n c e s h a l l b e e s t a b l i s h e d a t ea c h a c c e s s p o i n t t o th e s i t e a n d a 6 i n c h l a y e r o f 1 t o 2 i n c h r o c k e x t e n d i n g a t l e as t 5 0 f e e t f r o m t h e st r e e t i n t o t h e s i t e a n d s h a l l b e u n d e r l a i n w i t h p e r m e a b l e g e o t ex t i l e f a b r i c . T h e en t r a n c e s h a l l b e m a i n t a i n e d d u r i n g c o n s t r u c t i o n b y t o p d r e s s i n g o r w a s h i n g t o pr e v e n t t r a c k i n g o r f l o w o f s e d i m e n t s o n t o p u b l i c s t r e e t s , w a l k s o r a l l e y s . P o t e n t i a l en t r a n c e s t h a t a r e n o t s o p r o t e c t e d s h a l l b e c l o s e d b y f e n c i n g to p r e v e n t u n p r o t e c t e d ex i t f r o m t h e s i t e . x Co n t r a c t o r s h a l l i n s t a l l i n l e t p r o t e c t i o n o n a l l e x i s t i n g s t o r m s e w e r i n l e t s i n ac c o r d a n c e w i t h t h e c i t y s t a n d a r d d e t a i l s . I n l e t p r o t e c t i o n s h al l a l s o b e p r o v i d e d o n al l p r o p o s e d s t o r m s e w e r i n l e t s i m m e d i a t e l y f o l l o w i n g c o n s t r u c t io n o f t h e i n l e t . In l e t p r o t e c t i o n m u s t b e i n s t a l l e d i n a m a n n e r t h a t w i l l n o t i m po u n d w a t e r f o r ex t e n d e d p e r i o d s o f t i m e o r i n a m a n n e r t h a t p r e s e n t s a h a z a r d to v e h i c u l a r o r pe d e s t r i a n t r a f f i c . DU R I N G C O N S T R U C T I O N : x Wh e n d i r t s t o c k p i l e s h a v e b e e n c r e a t e d , a d o u b l e r o w o f s i l t f e nc e s h a l l b e p l a c e d t o pr e v e n t e s c a p e o f s e d i m e n t l a d e n r u n o f f a n d i f t h e p i l e s o r o t h er d i s t u r b e d a r e a s a r e to r e m a i n i n p l a c e f o r m o r e t h a n 1 4 d a y s , t h e y s h a l l b e s e e d e d wi t h M i n n e s o t a De p a r t m e n t o f T r a n s p o r t a t i o n S e e d M i x t u r e 2 2 - 1 1 1 a t 1 0 0 l b / a c r e f o l l o w e d b y co v e r i n g w i t h s p r a y m u l c h . x A d u m p s t e r s h a l l b e p l a c e d o n t h e s i t e f o r p r o m p t d i s p o s a l o f c on s t r u c t i o n d e b r i s . Th e s e d u m p s t e r s s h a l l b e s e r v i c e d r e g u l a r l y t o p r e v e n t o v e r f l o w in g a n d b l o w i n g on t o a d j a c e n t p r o p e r t i e s . D i s p o s a l o f s o l i d w a s t e s f r o m t h e s i te s h a l l i n a c c o r d a n c e wi t h M i n n e s o t a P o l l u t i o n C o n t r o l A g e n c y r e q u i r e m e n t s . x A s e p a r a t e c o n t a i n e r s h a l l b e p l a c e d f o r d i s p o s a l o f h a z a r d o u s wa s t e . H a z a r d o u s wa s t e s s h a l l b e d i s p o s e d o f i n a c c o r d a n c e w i t h M P C A r e q u i r e m e n t s. x Co n c r e t e t r u c k w a s h o u t s h a l l b e i n t h e p l a s t i c l i n e d d i t c h a n d di s p o s e o f w a s h i n g s a s so l i d w a s t e . x Se d i m e n t c o n t r o l d e v i c e s s h a l l b e r e g u l a r l y i n s p e c t e d a n d a f t e r m a j o r r a i n f a l l e v e n t s an d s h a l l b e c l e a n e d a n d r e p a i r e d a s n e c e s s a r y t o p r o v i d e d o w n s tr e a m p r o t e c t i o n . x St r e e t s a n d o t h e r p u b l i c w a y s s h a l l b e i n s p e c t e d d a i l y a n d i f l it t e r o r s o i l s h a s b e e n de p o s i t e d i t s h a l l p r o m p t l y b e r e m o v e d . x If n e c e s s a r y , v e h i c l e s , t h a t h a v e m u d o n t h e i r w h e e l s , s h a l l b e c l e a n e d b e f o r e e x i t i n g th e s i t e i n t h e r o c k e n t r a n c e a r e a s x Mo i s t u r e s h a l l b e a p p l i e d t o d i s t u r b e d a r e a s t o c o n t r o l d u s t a s n e e d e d . x Po r t a b l e t o i l e t f a c i l i t i e s s h a l l b e p l a c e d o n s i t e f o r u s e b y w or k e r s a n d s h a l l b e pr o p e r l y m a i n t a i n e d . x If i t b e c o m e s n e c e s s a r y t o p u m p t h e e x c a v a t i o n d u r i n g c o n s t r u c t io n , p u m p d i s c h a r g e sh a l l b e i n t o t h e s t o c k p i l e a r e a s s o t h a t t h e d o u b l e s i l t f e n c e a r o u n d t h e s e a r e a s c a n fi l t e r t h e w a t e r b e f o r e i t l e a v e s t h e s i t e . x Te m p o r a r y e r o s i o n c o n t r o l s h a l l b e i n s t a l l e d n o l a t e r t h a n 1 4 d ay s a f t e r t h e s i t e i s fi r s t d i s t u r b e d a n d s h a l l c o n s i s t o f b r o a d c a s t s e e d i n g w i t h M i n ne s o t a D e p a r t m e n t o f Tr a n s p o r t a t i o n S e e d M i x t u r e 2 2 - 1 1 1 a t 1 0 0 l b / a c r e f o l l o w e d b y c ov e r i n g w i t h s p r a y mu l c h . x Er o s i o n c o n t r o l m e a s u r e s s h o w n o n t h e e r o s i o n c o n t r o l p l a n a r e th e a b s o l u t e mi n i m u m . T h e c o n t r a c t o r s h a l l i n s t a l l t e m p o r a r y e a r t h d i k e s , s e di m e n t t r a p s o r ba s i n s a n d a d d i t i o n a l s i l t f e n c i n g a s d e e m e d n e c e s s a r y t o c o n t r ol e r o s i o n . SI T E W O R K C O M P L E T I O N : x Wh e n f i n a l g r a d i n g h a s b e e n c o m p l e t e d b u t b e f o r e p l a c e m e n t o f s e e d o r s o d a n “ a s bu i l t ” s u r v e y s h a l l b e d o n e p e r Ci t y o f O r o n o r e q u i r e m e n t s t o i n s u r e t h a t g r a d i n g wa s p r o p e r l y d o n e . x Wh e n a n y r e m e d i a l g r a d i n g h a s b e e n c o m p l e t e d , s o d o r s e e d i n g s h al l b e c o m p l e t e d in c l u d i n g a n y e r o s i o n c o n t r o l b l a n k e t s f o r s t e e p a r e a s . x Wh e n t u r f i s e s t a b l i s h e d , s i l t f e n c e a n d i n l e t p r o t e c t i o n a n d o th e r e r o s i o n c o n t r o l de v i c e s s h a l l b e d i s p o s e d o f a n d a d j a c e n t s t r e e t s , a l l e y s a n d w al k s s h a l l b e c l e a n e d as n e e d e d t o d e l i v e r a s i t e t h a t i s e r o s i o n r e s i s t a n t a n d c l e a n . x Co n t r a c t o r s h a l l m a i n t a i n p o s i t i v e d r a i n a g e o f a m i n i m u m 2 % s l o pe a w a y f r o m pr o p o s e d b u i l d i n g . ADVANCE SURVEYING & ENGINEERING CO. Iherebycertifythatthisreportwaspreparedbymeorundermydirectsupervisionand thatIamalicensedprofessionallandsurveyorunderthe lawsoftheStateofMinnesota. Thomas M. Bloom ThomasM.BloomP.L.S.No.42379 Step2:PROPOSEDHARDCOVER Inthefollowingtableidentifyallitemsofexistinghardcoverontheproperty,keyedbyletterto CertificateofSurvey(surveymustaccompanythisform).Useasmanylinesasnecessaryto accuratelydepictexistinghardcoverstatusoftheproperty. Keyto Survey HardcoverItem(Describe) LengthxWidth Total(SquareFeet) (Example)(Garage)(24'x30') (720) S.F. A House(Outside75'lakesetback) 3,571 S.F. B BituminousDrive(Outside75'lakesetback) 2,980 S.F. C FrontPorch/Steps(Outside75'lakesetback) 144 S.F. D SideConc.Pad/Steps(Outside75'lakesetback) 54 S.F. E RetainingWalls(Outside75'lakesetback) 22 S.F. FRearPatio(Outside75'lakesetback) 123 S.F. G S.F. H S.F. I S.F. J House(Inside75'lakesetback) 388 S.F. K StoneSteps(Inside75'lakesetback) 117 S.F. LRearPatio/Steps(Inside75'lakesetback) 289 S.F. MRet.Walls(Inside75'lakesetback) 151 S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1)TotalProposedHardcover 7,839 S.F. ExcludableHardcover(SeeCityCodeSec78Ͳ1684) RetainingWalls 173 S.F. S.F. S.F. S.F. S.F. (2)TotalExcludableHardcover 173 S.F. (3)NetProposedHardcover[Subtractline(2)fromline(1)] 7,666 S.F. (4)TotalLotArea 31,342 S.F. ProposedHardcoverPercentage[(3)/(4)]24.46% 3O D Q V 3 U H S D U H G E \ : D G H 6 3 + ( $ 6 $ 1 7 5 ' 9 $ 5 , $ 1 & ( 7 K H V H S O D Q V R U G U D Z L Q J V W K H R Y H U D O O I R U P D U U D Q J H P H Q W D Q G F R P S R V L W L R Q R I V S D F H V D Q G W K H H O H P H Q W V L Q W K H G H V L J Q D U H W K H H [ F O X V L Y H F R S \ U L J K W H G S U R S H U W \ R I 5 D X V F K H U $ V V R F L D W H V / W G S U R W H F W H G E \ X Q L W H G V W D W H V F R S \ U L J K W O D Z $ O O U L J K W V D U H U H V H U Y H G $ Q \ X Q D X W K R U L ] H G X V H R I W K H V H S O D Q V L V V W U L F W O \ S U R K L E L W H G ' R Q R W F R S \ R U D O O R Z W K H V H S O D Q V W R E H F R S L H G 7 K H V H S O D Q V R U G U D Z L Q J V F R Q W D L Q F R Q I L G H Q W L D O S U R S U L H W D U \ D Q G W U D G H V H F U H W L Q I R U P D W L R Q 9 L R O D W R U V Z L O O E H V X E M H F W W R O H J D O S U R F H H G L Q J V W R U H F R Y H U D O O G D P D J H V C 2 0 1 9 5 H V L G H Q F H I R U 3 + ( $ 6 $ 1 7 5 2 $ ' 2 5 2 1 2 0 1 , 6 6 8 ( ' ) 2 5 9 $ 5 , $ 1 & ( $ 3 3 / , & $ , 7 2 1 27 9 9 P H E A S A N T R D . L O C A T I O N M A P 1 27 9 9 P H E A S A N T R D . L O C A T I O N M A P 1 TA B L E O F C O N T E N T S T1 TI T L E S H E E T - L O C A T I O N M A P S , T A B L E O F C O N T E N T S 1. 0 EL E V A T I O N S ( 1 / 4 " = 1 ' - 0 " P R I N T E D @ 2 4 " X 3 6 " ) 1. 1 EL E V A T I O N S ( 1 / 4 " = 1 ' - 0 " P R I N T E D @ 2 4 " X 3 6 " ) 2. 1 LO W E R L E V E L P L A N ( 1 / 4 " = 1 ' - 0 " P R I N T E D @ 2 4 " X 3 6 " ) 2. 2 LA N D LA N D S C A P E P L A N ( 1 / 8 " = 1 ' - 0 " P R I N T E D @ 2 4 " X 3 6 " ) R. 1 EX T E R I O R R E N D E R I N G S ( S H O W I N G E X I S T I N G H O U S E V O L U M E ) R. 2 SI T E 1 GO O G L E S I T E P L A N W I T H P L A N & E X I S T I N G O V E R L A Y 1S T F L O O R P L A N ( 1 / 4 " = 1 ' - 0 " P R I N T E D @ 2 4 " X 3 6 " ) EX T E R I O R R E N D E R I N G S SI T E 2 PR O P O S E D S U R V E Y W I T H E X I S T I N G O V E R L A Y SU R V E Y F R O M E N G I N E E R ( S E P E R A T E O F S E T ) HA R D C O V E R F R O M E N G I N E E R ( S E P E R A T E O F S E T ) 9 0$ , 1 / ( 9 ( / 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 0 $ , 1 / ( 9 ( / 6 8 % ) / 2 2 5 ) / 2 2 5 7 5 8 6 6 ( 6 7 2 ) 2 8 1 ' $ 7 , 2 1 /2 : ( 5 / ( 9 ( / 5 * + & / * + * 7 /2 : ( 5 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 % $ 6 ( 0 ( 1 7 6 / $ % 0$ , 1 / ( 9 ( / * $ 7 + 5 0 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 # * $ 7 + 5 0 0$ , 1 / ( 9 ( / 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 0 $ , 1 / ( 9 ( / 6 8 % ) / 2 2 5 ) / 2 2 5 7 5 8 6 6 ( 6 7 2 ) 2 8 1 ' $ 7 , 2 1 /2 : ( 5 / ( 9 ( / 5 * + & / * + * 7 /2 : ( 5 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 % $ 6 ( 0 ( 1 7 6 / $ % 0$ , 1 / ( 9 ( / * $ 7 + 5 0 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 # * $ 7 + 5 0 SC A L E : 1 / 4 " = 1 ' - 0 " PR O P O S E D F R O N T E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " PR O P O S E D R I G H T E L E V A T I O N 3O D Q V 3 U H S D U H G E \ : D G H 6 3 + ( $ 6 $ 1 7 5 ' 9 $ 5 , $ 1 & ( 7 K H V H S O D Q V R U G U D Z L Q J V W K H R Y H U D O O I R U P D U U D Q J H P H Q W D Q G F R P S R V L W L R Q R I V S D F H V D Q G W K H H O H P H Q W V L Q W K H G H V L J Q D U H W K H H [ F O X V L Y H F R S \ U L J K W H G S U R S H U W \ R I 5 D X V F K H U $ V V R F L D W H V / W G S U R W H F W H G E \ X Q L W H G V W D W H V F R S \ U L J K W O D Z $ O O U L J K W V D U H U H V H U Y H G $ Q \ X Q D X W K R U L ] H G X V H R I W K H V H S O D Q V L V V W U L F W O \ S U R K L E L W H G ' R Q R W F R S \ R U D O O R Z W K H V H S O D Q V W R E H F R S L H G 7 K H V H S O D Q V R U G U D Z L Q J V F R Q W D L Q F R Q I L G H Q W L D O S U R S U L H W D U \ D Q G W U D G H V H F U H W L Q I R U P D W L R Q 9 L R O D W R U V Z L O O E H V X E M H F W W R O H J D O S U R F H H G L Q J V W R U H F R Y H U D O O G D P D J H V C 2 0 1 9 5 H V L G H Q F H I R U 3 + ( $ 6 $ 1 7 5 2 $ ' 2 5 2 1 2 0 1 , 6 6 8 ( ' ) 2 5 9 $ 5 , $ 1 & ( $ 3 3 / , & $ , 7 2 1 EX I S T I N G H O U S E O U T L I N E EX I S T I N G H O U S E O U T L I N E 0$ , 1 / ( 9 ( / 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 0 $ , 1 / ( 9 ( / 6 8 % ) / 2 2 5 ) / 2 2 5 7 5 8 6 6 ( 6 7 2 ) 2 8 1 ' $ 7 , 2 1 /2 : ( 5 / ( 9 ( / 5 * + & / * + * 7 /2 : ( 5 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 % $ 6 ( 0 ( 1 7 6 / $ % 0$ , 1 / ( 9 ( / * $ 7 + 5 0 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 # * $ 7 + 5 0 0$ , 1 / ( 9 ( / 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 0 $ , 1 / ( 9 ( / 6 8 % ) / 2 2 5 ) / 2 2 5 7 5 8 6 6 ( 6 7 2 ) 2 8 1 ' $ 7 , 2 1 /2 : ( 5 / ( 9 ( / 5 * + & / * + * 7 /2 : ( 5 / ( 9 ( / : , 1 ' 2 : + ' 5 7 2 % $ 6 ( 0 ( 1 7 6 / $ % 0$ , 1 / ( 9 ( / * $ 7 + 5 0 3 / $ 7 ( + * 7 0$ , 1 / ( 9 ( / : , 1 ' 2 : + ' 5 # * $ 7 + 5 0 SC A L E : 1 / 4 " = 1 ' - 0 " PR O P O S E D B A C K E L E V A T I O N SC A L E : 1 / 4 " = 1 ' - 0 " PR O P O S E D L E F T E L E V A T I O N 3O D Q V 3 U H S D U H G E \ : D G H 6 3 + ( $ 6 $ 1 7 5 ' 9 $ 5 , $ 1 & ( 7 K H V H S O D Q V R U G U D Z L Q J V W K H R Y H U D O O I R U P D U U D Q J H P H Q W D Q G F R P S R V L W L R Q R I V S D F H V D Q G W K H H O H P H Q W V L Q W K H G H V L J Q D U H W K H H [ F O X V L Y H F R S \ U L J K W H G S U R S H U W \ R I 5 D X V F K H U $ V V R F L D W H V / W G S U R W H F W H G E \ X Q L W H G V W D W H V F R S \ U L J K W O D Z $ O O U L J K W V D U H U H V H U Y H G $ Q \ X Q D X W K R U L ] H G X V H R I W K H V H S O D Q V L V V W U L F W O \ S U R K L E L W H G ' R Q R W F R S \ R U D O O R Z W K H V H S O D Q V W R E H F R S L H G 7 K H V H S O D Q V R U G U D Z L Q J V F R Q W D L Q F R Q I L G H Q W L D O S U R S U L H W D U \ D Q G W U D G H V H F U H W L Q I R U P D W L R Q 9 L R O D W R U V Z L O O E H V X E M H F W W R O H J D O S U R F H H G L Q J V W R U H F R Y H U D O O G D P D J H V C 2 0 1 9 5 H V L G H Q F H I R U 3 + ( $ 6 $ 1 7 5 2 $ ' 2 5 2 1 2 0 1 , 6 6 8 ( ' ) 2 5 9 $ 5 , $ 1 & ( $ 3 3 / , & $ , 7 2 1 EX I S T I N G H O U S E O U T L I N E EX I S T I N G H O U S E O U T L I N E Se e r e v i s e d su r v e y 3 / 2 0 / 1 9 fo r p a t i o l a y o u t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a k e M i n n e t o n k a P h e a s a n t R o a d S 1 M i n n e t o n k a , M i n n e s o t a 5 5 3 4 5 P h o n e ( 9 5 2 ) 4 7 4 - 7 9 6 4 1 7 9 1 7 H i g h w a y 7 W e b : w w w . a d v s u r . c o m S H E E T 1 O F 1 40200 LEGAL DESCRIPTION:Lot 12, PHEASANT LAWN, Hennepin County, Minnesota.LOT AREA = 31,342 SQUARE FEETSCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our servic e s d o e s n o t i n c l u d e determining what you own, which is a legal matter. Please check the legal description with your records or consult w i t h c o m p e t e n t l e g a l counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish t o b e i n c l u d e d o n t h e survey have been shown.2.Showing the location of observed existing improvements we deem necessary for the survey.3.Setting survey markers or verifying existing survey markers to establish the corners of the property.4.Showing elevations on the site at selected locations to give some indication of the topography of the site. We h a v e a l s o p r o v i d e d a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the b e n c h m a r k p r o v i d e d on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other e l e v a t i o n s f o r u s e o n this site or before beginning construction.5.This survey has been completed without the benefit of a current title commitment. There may be existing easements or o t h e r e n c u m b r a n c e s that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or e n c u m b r a n c e s o t h e r than the ones shown hereon.6.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucc o o f t h e b u i l d i n g . 7.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, y o u r a r c h i t e c t , o r t h e builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that th e y m a t c h y o u r p l a n s before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local b u i l d i n g a n d z o n i n g officials in this community are. Be sure to show this survey to said officials, or any other officials that may have j u r i s d i c t i o n o v e r t h e proposed improvements and obtain their approvals before beginning construction or planning improvements to the prope r t y . 8.While we show the building setback lines per the City of Orono web site, we suggest you show this survey to the approp r i a t e c i t y o f f i c i a l s t o be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site.STANDARD SYMBOLS & CONVENTIONS:"භ" Denotes iron survey marker, set, unless otherwise noted. # L I C E N S E N O . D A T E F E B R U A R Y 1 5 , 2 0 1 9 D A T E D R A F T E D : F E B R U A R Y 1 5 , 2 0 1 9 # 5 2 7 1 6 J o s h u a S . R i n k e D E C . 7 , 2 0 1 8 D A T E S U R V E Y E D : S U R V E Y E D B Y A D V A N C E D S U R V E Y I N G . & E N G . , C O . GRADING & EROSION CONTROL NOTES:BEFORE DEMOLITION AND GRADING BEGINxInstall silt fence/bio roll around the perimeter of the construction area.xSediment control measures must remain in place until final stabilization has beenestablished and then shall be removed. Sediment controls may be removed toaccommodate short term construction activity but must be replaced before the nextrain.xA temporary rock construction entrance shall be established at each access point tothe site and a 6 inch layer of 1 to 2 inch rock extending at least 50 feet from thestreet into the site and shall be underlain with permeable geotextile fabric. Theentrance shall be maintained during construction by top dressing or washing toprevent tracking or flow of sediments onto public streets, walks or alleys. Potentialentrances that are not so protected shall be closed by fencing to prevent unprotectedexit from the site.xContractor shall install inlet protection on all existing storm sewer inlets inaccordance with the city standard details. Inlet protection shall also be provided onall proposed storm sewer inlets immediately following construction of the inlet.Inlet protection must be installed in a manner that will not impound water forextended periods of time or in a manner that presents a hazard to vehicular orpedestrian traffic.DURING CONSTRUCTION:xWhen dirt stockpiles have been created, a double row of silt fence shall be placed toprevent escape of sediment laden runoff and if the piles or other disturbed areas areto remain in place for more than 14 days, they shall be seeded with MinnesotaDepartment of Transportation Seed Mixture 22-111 at 100 lb/acre followed bycovering with spray mulch.xA dumpster shall be placed on the site for prompt disposal of construction debris.These dumpsters shall be serviced regularly to prevent overflowing and blowingonto adjacent properties. Disposal of solid wastes from the site shall in accordancewith Minnesota Pollution Control Agency requirements.xA separate container shall be placed for disposal of hazardous waste. Hazardouswastes shall be disposed of in accordance with MPCA requirements.xConcrete truck washout shall be in the plastic lined ditch and dispose of washings assolid waste.xSediment control devices shall be regularly inspected and after major rainfall event s and shall be cleaned and repaired as necessary to provide downstream protection.xStreets and other public ways shall be inspected daily and if litter or soils has beendeposited it shall promptly be removed.xIf necessary, vehicles, that have mud on their wheels, shall be cleaned before exiti n g the site in the rock entrance areasxMoisture shall be applied to disturbed areas to control dust as needed.xPortable toilet facilities shall be placed on site for use by workers and shall beproperly maintained.xIf it becomes necessary to pump the excavation during construction, pump dischar g e shall be into the stockpile areas so that the double silt fence around these areas canfilter the water before it leaves the site.xTemporary erosion control shall be installed no later than 14 days after the site isfirst disturbed and shall consist of broadcast seeding with Minnesota Department o f Transportation Seed Mixture 22-111 at 100 lb/acre followed by covering with spra y mulch.xErosion control measures shown on the erosion control plan are the absoluteminimum. The contractor shall install temporary earth dikes, sediment traps orbasins and additional silt fencing as deemed necessary to control erosion.SITE WORK COMPLETION:x:KHQILQDOJUDGLQJKDVEHHQFRPSOHWHGEXWEHIRUHSODFHPHQWRIVHHGRUVRGDQ³DVEXLOW´VXUYH\VKDOOEHGRQHSHU City of Orono requirements to insure that gradingwas properly done.xWhen any remedial grading has been completed, sod or seeding shall be complete d including any erosion control blankets for steep areas.xWhen turf is established, silt fence and inlet protection and other erosion controldevices shall be disposed of and adjacent streets, alleys and walks shall be cleanedas needed to deliver a site that is erosion resistant and clean.xContractor shall maintain positive drainage of a minimum 2% slope away fromproposed building. City of Orono Hardcover Calculation Worksheet Property Address: 2799 Pheasant Road (our survey 181452) Prepared by: Thomas M. Bloom P.L.S. No. 42379 Date: 3/20/2019 Stormwater Quality Overlay District Tier: (Circle one)Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example)(Garage) (24' x 30') (720) S.F. A House (Outside 75' lake setback) 2,675 S.F. B Stone Walk (Outside 75' lake setback) 50 S.F. C Bituminous Drive (Outside 75' lake setback) 3,687 S.F. D Concrete Surfaces (Outside 75' lake setback) 552 S.F. E Ret. Walls (Outside 75' lake setback) 33 S.F. F S.F. G S.F. H S.F. I S.F. J House (Inside 75' lake setback) 388 S.F. K Stone Steps (Inside 75' lake setback) 117 S.F. L Stone Walk (Inside 75' lake setback) 38 S.F. M Ret. Walls (Inside 75' lake setback) 148 S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 7,688 S.F. Excludable Hardcover (See City Code Sec 78‐1684) Ret. Walls 181 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 181 S.F. (3) Net Existing Hardcover 7,507 S.F. (4) Total Lot Area 31,342 S.F. Existing Hardcover Percentage [(3) / (4)]23.95% ADVANCE SURVEYING & ENGINEERING CO. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional land surveyor under the laws of the State of Minnesota. Thomas M. Bloom Thomas M. Bloom P.L.S. No. 42379 Step 2: PROPOSED HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Survey Hardcover Item (Describe) Length x Width Total (Square Feet) (Example)(Garage) (24' x 30') (720) S.F. A House (Outside 75' lake setback) 3,571 S.F. B Bituminous Drive (Outside 75' lake setback) 2,980 S.F. C Front Porch/Steps (Outside 75' lake setback) 144 S.F. D Side Conc. Pad/Steps (Outside 75' lake setback) 54 S.F. E Retaining Walls (Outside 75' lake setback) 22 S.F. F Rear Patio (Outside 75' lake setback) 123 S.F. G S.F. H S.F. I S.F. J House (Inside 75' lake setback) 388 S.F. K Stone Steps (Inside 75' lake setback) 117 S.F. L Rear Patio/Steps (Inside 75' lake setback) 289 S.F. M Ret. Walls (Inside 75' lake setback) 151 S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 7,839 S.F. Excludable Hardcover (See City Code Sec 78‐1684) Retaining Walls 173 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 173 S.F. (3) Net Proposed Hardcover [Subtract line (2) from line (1)] 7,666 S.F. (4) Total Lot Area 31,342 S.F. Proposed Hardcover Percentage [(3) / (4)]24.46% 2-18-19 Plans Prepared by Wade S. 27 9 9 P H E A S A N T R D . V A R I A N C E Th e s e p l a n s o r d r a w i n g s , t h e o v e r a l l f o r m , a r r a n g e m e n t a n d c o m p o s i t i o n of s p a c e s a n d t h e e l e m e n t s i n t h e d e s i g n , a r e t h e e x c l u s i v e c o p y r i g h t e d pr o p e r t y o f R a u s c h e r & A s s o c i a t e s , L t d p r o t e c t e d b y u n i t e d s t a t e s co p y r i g h t l a w . A l l r i g h t s a r e r e s e r v e d . A n y u n a u t h o r i z e d u s e o f t h e s e pl a n s i s s t r i c t l y p r o h i b i t e d . D o n o t c o p y , o r a l l o w t h e s e p l a n s t o b e co p i e d . T h e s e p l a n s o r d r a w i n g s c o n t a i n c o n f i d e n t i a l , p r o p r i e t a r y a n d tr a d e s e c r e t i n f o r m a t i o n . V i o l a t o r s w i l l b e s u b j e c t t o l e g a l p r o c e e d i n g s t o re c o v e r a l l d a m a g e s . C 20 1 9 Re s i d e n c e f o r : 27 9 9 P H E A S A N T R O A D , O R O N O , M N IS S U E D F O R : 2 - 1 8 - 1 9 V A R I A N C E A P P L I C A I T O N 2799 PHEASANT RD. LOCATION MAP 1 2799 PHEASANT RD. LOCATION MAP 1 TABLE OF CONTENTS T1 TITLE SHEET - LOCATION MAPS, TABLE OF CONTENTS 1.0 ELEVATIONS (1/4" = 1'-0" PRINTED @ 24"X36") 1.1 ELEVATIONS (1/4" = 1'-0" PRINTED @ 24"X36") 2.1 LOWER LEVEL PLAN (1/4" = 1'-0" PRINTED @ 24"X36") 2.2 LAND LANDSCAPE PLAN (1/8" = 1'-0" PRINTED @ 24"X36") R.1 EXTERIOR RENDERINGS (SHOWING EXISTING HOUSE VOLUME) R.2 SITE1 GOOGLE SITE PLAN WITH PLAN & EXISTING OVERLAY 1ST FLOOR PLAN (1/4" = 1'-0" PRINTED @ 24"X36") EXTERIOR RENDERINGS SITE2 PROPOSED SURVEY WITH EXISTING OVERLAY SURVEY FROM ENGINEER (SEPERATE OF SET) HARDCOVER FROM ENGINEER (SEPERATE OF SET) T1 8' 2 3 / 4 " MAIN LEVEL PLATE HGT. (9'-4 1/2") MAIN LEVEL WINDOW HDR. T.O MAIN LEVEL SUBFLOOR (18" FLOOR TRUSSES(953.35) T.O. FOUNDATION (100.00) LOWER LEVEL RGH. CLG. HGT. LOWER LEVEL WINDOW HDR. T.O. BASEMENT SLAB (94.27) MAIN LEVEL GATH. RM. PLATE HGT. (12'-4 1/2") 9' 4 1 / 2 " 12 ' 4 1 / 2 " 1' 1 3 / 4 " 8' 2 3 / 4 " 9' 1 1 / 2 " MAIN LEVEL WINDOW HDR. @ GATH RM. 11 ' 2 3 / 4 " 1' 6 3 / 4 " 11 1 / 2 " 8' 2 3 / 4 " MAIN LEVEL PLATE HGT. (9'-4 1/2") MAIN LEVEL WINDOW HDR. T.O MAIN LEVEL SUBFLOOR (18" FLOOR TRUSSES(953.35) T.O. FOUNDATION (100.00) LOWER LEVEL RGH. CLG. HGT. LOWER LEVEL WINDOW HDR. T.O. BASEMENT SLAB (94.27) MAIN LEVEL GATH. RM. PLATE HGT. (12'-4 1/2") 9' 4 1 / 2 " 12 ' 4 1 / 2 " 1' 1 3 / 4 " 8' 2 3 / 4 " 9' 1 1 / 2 " MAIN LEVEL WINDOW HDR. @ GATH RM. 11 ' 2 3 / 4 " 1' 6 3 / 4 " 11 1 / 2 " SCALE: 1/4"=1'-0" PROPOSED FRONT ELEVATION SCALE: 1/4"=1'-0" PROPOSED RIGHT ELEVATION 2-18-19 Plans Prepared by Wade S. 27 9 9 P H E A S A N T R D . V A R I A N C E Th e s e p l a n s o r d r a w i n g s , t h e o v e r a l l f o r m , a r r a n g e m e n t a n d c o m p o s i t i o n of s p a c e s a n d t h e e l e m e n t s i n t h e d e s i g n , a r e t h e e x c l u s i v e c o p y r i g h t e d pr o p e r t y o f R a u s c h e r & A s s o c i a t e s , L t d p r o t e c t e d b y u n i t e d s t a t e s co p y r i g h t l a w . A l l r i g h t s a r e r e s e r v e d . A n y u n a u t h o r i z e d u s e o f t h e s e pl a n s i s s t r i c t l y p r o h i b i t e d . D o n o t c o p y , o r a l l o w t h e s e p l a n s t o b e co p i e d . T h e s e p l a n s o r d r a w i n g s c o n t a i n c o n f i d e n t i a l , p r o p r i e t a r y a n d tr a d e s e c r e t i n f o r m a t i o n . V i o l a t o r s w i l l b e s u b j e c t t o l e g a l p r o c e e d i n g s t o re c o v e r a l l d a m a g e s . C 20 1 9 Re s i d e n c e f o r : 27 9 9 P H E A S A N T R O A D , O R O N O , M N IS S U E D F O R : 2 - 1 8 - 1 9 V A R I A N C E A P P L I C A I T O N 1.0 EXISTING HOUSE OUTLINE EXISTING HOUSE OUTLINE 8' 2 3 / 4 " MAIN LEVEL PLATE HGT. (9'-4 1/2") MAIN LEVEL WINDOW HDR. T.O MAIN LEVEL SUBFLOOR (18" FLOOR TRUSSES(953.35) T.O. FOUNDATION (100.00) LOWER LEVEL RGH. CLG. HGT. LOWER LEVEL WINDOW HDR. T.O. BASEMENT SLAB (94.27) MAIN LEVEL GATH. RM. PLATE HGT. (12'-4 1/2") 9' 4 1 / 2 " 12 ' 4 1 / 2 " 1' 1 3 / 4 " 8' 2 3 / 4 " 9' 1 1 / 2 " MAIN LEVEL WINDOW HDR. @ GATH RM. 11 ' 2 3 / 4 " 1' 6 3 / 4 " 11 1 / 2 " 8' 2 3 / 4 " MAIN LEVEL PLATE HGT. (9'-4 1/2") MAIN LEVEL WINDOW HDR. T.O MAIN LEVEL SUBFLOOR (18" FLOOR TRUSSES(953.35) T.O. FOUNDATION (100.00) LOWER LEVEL RGH. CLG. HGT. LOWER LEVEL WINDOW HDR. T.O. BASEMENT SLAB (94.27) MAIN LEVEL GATH. RM. PLATE HGT. (12'-4 1/2") 9' 4 1 / 2 " 12 ' 4 1 / 2 " 1' 1 3 / 4 " 8' 2 3 / 4 " 9' 1 1 / 2 " MAIN LEVEL WINDOW HDR. @ GATH RM. 11 ' 2 3 / 4 " 1' 6 3 / 4 " 11 1 / 2 " SCALE: 1/4"=1'-0" PROPOSED BACK ELEVATION SCALE: 1/4"=1'-0" PROPOSED LEFT ELEVATION 2-18-19 Plans Prepared by Wade S. 27 9 9 P H E A S A N T R D . V A R I A N C E Th e s e p l a n s o r d r a w i n g s , t h e o v e r a l l f o r m , a r r a n g e m e n t a n d c o m p o s i t i o n of s p a c e s a n d t h e e l e m e n t s i n t h e d e s i g n , a r e t h e e x c l u s i v e c o p y r i g h t e d pr o p e r t y o f R a u s c h e r & A s s o c i a t e s , L t d p r o t e c t e d b y u n i t e d s t a t e s co p y r i g h t l a w . A l l r i g h t s a r e r e s e r v e d . A n y u n a u t h o r i z e d u s e o f t h e s e pl a n s i s s t r i c t l y p r o h i b i t e d . D o n o t c o p y , o r a l l o w t h e s e p l a n s t o b e co p i e d . T h e s e p l a n s o r d r a w i n g s c o n t a i n c o n f i d e n t i a l , p r o p r i e t a r y a n d tr a d e s e c r e t i n f o r m a t i o n . V i o l a t o r s w i l l b e s u b j e c t t o l e g a l p r o c e e d i n g s t o re c o v e r a l l d a m a g e s . C 20 1 9 Re s i d e n c e f o r : 27 9 9 P H E A S A N T R O A D , O R O N O , M N IS S U E D F O R : 2 - 1 8 - 1 9 V A R I A N C E A P P L I C A I T O N 1.1 EXISTING HOUSE OUTLINE EXISTING HOUSE OUTLINE 2-18-19 Plans Prepared by Wade S. 27 9 9 P H E A S A N T R D . V A R I A N C E Th e s e p l a n s o r d r a w i n g s , t h e o v e r a l l f o r m , a r r a n g e m e n t a n d c o m p o s i t i o n of s p a c e s a n d t h e e l e m e n t s i n t h e d e s i g n , a r e t h e e x c l u s i v e c o p y r i g h t e d pr o p e r t y o f R a u s c h e r & A s s o c i a t e s , L t d p r o t e c t e d b y u n i t e d s t a t e s co p y r i g h t l a w . A l l r i g h t s a r e r e s e r v e d . A n y u n a u t h o r i z e d u s e o f t h e s e pl a n s i s s t r i c t l y p r o h i b i t e d . D o n o t c o p y , o r a l l o w t h e s e p l a n s t o b e co p i e d . T h e s e p l a n s o r d r a w i n g s c o n t a i n c o n f i d e n t i a l , p r o p r i e t a r y a n d tr a d e s e c r e t i n f o r m a t i o n . V i o l a t o r s w i l l b e s u b j e c t t o l e g a l p r o c e e d i n g s t o re c o v e r a l l d a m a g e s . C 20 1 9 Re s i d e n c e f o r : 27 9 9 P H E A S A N T R O A D , O R O N O , M N IS S U E D F O R : 2 - 1 8 - 1 9 V A R I A N C E A P P L I C A I T O N R.1 EXISTING HOUSE VOLUME OUTLINE SCALE: N/A PROPOSED BACK - PERSPECTIVE (WITH EXISTING VOLUME OVERLAY) SCALE: N/A PROPOSED BACK - PERSPECTIVE (WITH EXISTING VOLUME OVERLAY) ALL LAKE SIDE PROPOSED WALLS TO MATCH EXISTING LAKESIDE FOOTPRINT EXISTING HOUSE VOLUME OUTLINE ALL LAKE SIDE PROPOSED WALLS TO MATCH EXISTING LAKESIDE FOOTPRINT 2-18-19 Plans Prepared by Wade S. 27 9 9 P H E A S A N T R D . V A R I A N C E Th e s e p l a n s o r d r a w i n g s , t h e o v e r a l l f o r m , a r r a n g e m e n t a n d c o m p o s i t i o n of s p a c e s a n d t h e e l e m e n t s i n t h e d e s i g n , a r e t h e e x c l u s i v e c o p y r i g h t e d pr o p e r t y o f R a u s c h e r & A s s o c i a t e s , L t d p r o t e c t e d b y u n i t e d s t a t e s co p y r i g h t l a w . A l l r i g h t s a r e r e s e r v e d . A n y u n a u t h o r i z e d u s e o f t h e s e pl a n s i s s t r i c t l y p r o h i b i t e d . D o n o t c o p y , o r a l l o w t h e s e p l a n s t o b e co p i e d . T h e s e p l a n s o r d r a w i n g s c o n t a i n c o n f i d e n t i a l , p r o p r i e t a r y a n d tr a d e s e c r e t i n f o r m a t i o n . V i o l a t o r s w i l l b e s u b j e c t t o l e g a l p r o c e e d i n g s t o re c o v e r a l l d a m a g e s . C 20 1 9 Re s i d e n c e f o r : 27 9 9 P H E A S A N T R O A D , O R O N O , M N IS S U E D F O R : 2 - 1 8 - 1 9 V A R I A N C E A P P L I C A I T O N R.2 SCALE: N/A PROPOSED FRONT - PERSPECTIVE SCALE: N/A PROPOSED FRONT - PERSPECTIVE SCALE: N/A PROPOSED FRONT - PERSPECTIVE SCALE: N/A PROPOSED BACK - PERSPECTIVE SCALE: N/A PROPOSED BACK - PERSPECTIVE SCALE: N/A PROPOSED BACK - PERSPECTIVE MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 2. LA19-000007 TOM RAUSCHER, 2799 PHEASANT ROAD, VARIANCES, 6:32 P.M. – 6:51 P.M. Tom Rauscher, Applicant, was present. Curtis stated the applicant is proposing to redevelop the property with a new home and is requesting approval of lot area and lot width variances, an average lakeshore setback variance, lake setback variance, and a hardcover variance. The proposed home will be a rambler with a walkout basement, but because they are proposing increasing ceiling heights and therefore expand the volume of the home, variances are required. The existing home is located 61.2 feet from the OWHL and encroaches up to 24 feet lakeward of the average lakeshore setback line. A 388 square foot portion of the home is within the 75-foot setback as well as some stone stairs and retaining walls. There is also an existing 158 square foot patio on the walkout level of the east side of the home and a smaller, 38 square foot landing on the west side within the 75-foot setback. The applicant is proposing to construct the new home to fit within the existing footprint on the lake side of the home encroaching into the average lakeshore and 75-foot setbacks. A new 462 square foot patio is proposed on the first-floor level in the southeast corner of the home. Variances for setback are required due to the increase in mass within the existing nonconforming footprint. The 75-foot hardcover variance is relating to the new patio hardcover and location. Curtis displayed sketches of the new home and noted the red line indicates the elevation profile of the existing home. The proposed hardcover level of 24.9 percent reflects a 155 square foot overall increase from the existing conditions and 266 square feet of additional hardcover is proposed in the 75-foot setback due to the proposed, larger patio. The proposed home is 896 square feet larger than the existing home. Structural coverage is proposed at 12 percent. Staff finds that due to the applicant’s choice to build a replacement home within the existing footprint, there are difficulties limiting the volume expansion within the existing setback from the lake. The location of the neighboring homes creating the average lakeshore setback also impacts the proposed volume increases. The proposed 61.2-foot setback from the lake affects the opportunities for improvements on the lake side of the home. The relocation of the lakeside patio to the main level of the home results in the loss of the “nonconforming” status of the existing patio setback and hardcover. The new patio request may be reasonable, but Staff suggests a reduction in the size so that the 75-foot zone hardcover is not increased over existing. Planning Staff recommends approval subject to the Planning Commission agreeing with or identifying practical difficulties supporting the variance. Staff does not support the larger patio in the 75-foot lake yard as proposed. The Planning Commission had no questions for Staff. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Tom Rauscher, Applicant, stated they looked to keep this project from being too disruptive, which is why they are proposing to use a portion of the existing foundation. Currently there is no proper terrace there but there was a small little one in the rear corner. There are also the current stone steps. What is being proposed is to have a patio that is livable up on the main floor without having to deal with the garden level or the walkout on the side of the house. Lakeside living is why the Habermans are purchasing this house and they would like to construct the patio as proposed, but they would be willing to utilize pervious material if necessary. Landgraver asked what the dimensions of the porch are. Rauscher noted it is not really a porch but the structure is somewhere around 16’ x 22 or 23 feet. They will be taking the upper portion by the stairs and pushing it out to where the current steps are going down to the grade. Thiesse asked if they are proposing to utilize the existing foundation. Rauscher indicated they are planning to utilize at least three-fourths of it. The front side is going to have an addition put on to it so the front wall of the foundation will be torn out. Chair Thiesse opened the public hearing at 6:38 p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:38 p.m. Landgraver commented everything about the plan is smart but the patio. There is a little bit of massing associated with the house, but the homeowners are making the most out of the space. Landgraver stated in his view the patio is a little bit of a stretch since this is new construction. Ressler indicated he agrees with Commissioner Landgraver and that encroaching further on the lakeshore is something that is generally resisted, especially when there is not a lot of reason for supporting it. Thiesse asked whether the Planning Commissioners would be willing to come to some compromise on the patio. Landgraver stated it is too far lakeward and that he is not sure if it could angle down to the stairs. The proposed patio would be located 61 feet from the lakeshore and that he was trying to reconcile what 61 feet on the western side would look like. From the survey, it looks like it would abut the west side. Thiesse stated that is what he is struggling with and that it does not make a lot of sense to only build half of the patio but that he cannot support what is being proposed. Curtis pointed out the location of the average lakeshore setback line. Erickson stated his understanding is that as proposed there would be 104 square feet beyond the 75-foot line. While that is not a huge number, it is hard to see why it could not be reduced by that amount. If the lower left corner would have more of a rounded corner rather than a square corner, that could eliminate some area, which would bring it more in compliance. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Curtis suggested rather than trying to reconfigure the shape of the patio, it might be helpful for the applicants to suggest a level that the Planning Commission feels would allow a little bit more to accommodate the stairs. Lemke asked if the whole house could be pushed back eight feet. Curtis indicated the applicants would still be within the footprint and would be essentially what they are proposing. Curtis stated she does not believe from a construction standpoint that is what they are looking to do, and that the red line is the existing house and they are attempting to just add on to the street side and then going upward. Lemke commented he does not have a problem with the height increase but it is so far into the average lakeshore setback and the setback between the adjacent houses that he has trouble justifying a further encroachment. Thiesse stated he struggles with the fact that the patio seems too large, but he can see a practical difficulty with living on the lake and not having a space to sit on outside. Rauscher pointed out the existing staircase. Rauscher stated they could eliminate anything past the furthest point of the house, which would give them a 10’ x 20’ terrace. One of the goals is to not to break into the retaining wall and disturb the grade. The terrace will never be seen from the lake since it sits six feet higher and the lake drops even more. From a practical standpoint, a lower level patio is probably not going to get used as much and it will not be as practical for them. If that line is kept straight across, that would provide a decent size terrace and stay within the confines of what is currently there. Landgraver commented that sounds like a good compromise. Landgraver moved to recommend approval of Application No. LA19-000007, Tom Rauscher, 2799 Pheasant Road, granting of variances, with the reduction in the size of the deck as proposed by the applicant, and subject to the recommendations of Staff. Ressler stated it makes sense to allow the steps to be connected to the patio in lieu of the stepping stones. Lemke seconded the motion. Landgraver stated he does not want to over engineer the connection from the stairs to the patio but that he would accept that friendly amendment. Thiesse noted whether it is stepping stones or stairs, it would be considered hardcover. Landgraver amended his motion to recommend approval of Application No. LA19-000007, Tom Rauscher, 2799 Pheasant Road, granting of variances, with the reduction in the size of the deck as proposed by the applicant, to allow hardcover from the patio to the steps, and subject to the recommendations of Staff. Libby indicated he would support the friendly amendment. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Lemke stated he would not support it since he has a concern that the patio would extend out as far as it is currently proposed. Landgraver asked if Commissioner Lemke would be amenable with having the applicant submit a plan prior to the City Council meeting showing the connection. Lemke indicated he would prefer to see the plan. Thiesse asked whether Commissioner Lemke would be okay if the applicants decrease the patio size as proposed and then allow some sort of connection subject to approval by the City Council. Lemke stated he would be fine with that. Date Application Received: 02/18/19 Date Application Considered as Complete: 02/18/19 60-Day Review Period Expires: 04/19/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: March 18, 2019 Subject: #LA19-000007, Tom Rauscher o/b/o Donald & Heidi Haberman, 2799 Pheasant Rd Variances Public Hearing Background The applicant is proposing to redevelop the property with a new home, in the same footprint as the current home. The existing home is 61.2 feet from the OWHL, and encroaches up to 24 feet lakeward of the average lakeshore setback line. The proposed home is a rambler with a walk- out basement but because they plan to increase ceiling heights and therefore expand the volume of the home, as well as construct a lake side patio variances are requested. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 - Setbacks: LR-1B Required Existing Proposed Street/Rear 30’ ±160’ 145’ East Side 10’ 11.9 11.1’ West Side 10’ 19.6’ 16.1’ Lakeshore 75’ 61.2’ 61.2’ Average Lakeshore The existing home encroaches lakeward of the average lakeshore setback line as much as 24 feet. The new home proposes to maintain this setback. Application Summary: The applicant is requesting approval of the following variances in order to redevelop the property: • Lot area and lot width; • Average lakeshore setback; • Lake setback; and • Hardcover. Staff Recommendation: Planning Department Staff recommends approval, with modifications to the patio. FILE # LA19-000007 18 March 2019 Page 2 of 5 Section 78- 330 - Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140’ Actual 31,342 s.f. (0.7 acre) 111’@ 75’ / 123’ @ OHWL Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 31,342 s.f. (0.7 acre) Allowed: 6,268 s.f. (20%) Proposed: 3,959 s.f. (12.6%) Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 31,342 s.f. 7,835 s.f. (25 %) 7,665 s.f. (24.4%) 701 s.f. w/in 75’ 7,820 s.f. (24.9%) 967 s.f. w/in 75’ Applicable Regulations: Lot Area and Lot Width Variances (Section 78-330) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant’s request for 75-foot zone hardcover, lake, and average lakeshore setback variances results in the property’s inability to conform to all of the standards above. Therefore, lot area and width variances are required in order to redevelop the property. The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Lake Setback; 75-foot Hardcover; and Average Lakeshore Setback Variances (Sections 78-1279 & 78-1680) The existing home encroaches approximately 13 feet into the 75-foot setback and approximately 24 feet average lakeshore setback. A 388 square foot portion of the home is within the 75-foot setback; in addition to some stone stairs and retaining walls, there is an existing 158 patio on the walkout level of west side of the home and a smaller, 38 square foot landing on the west side all within the 75-foot setback. The applicant is proposing to construct the new home to fit within the existing footprint on the lake side of the home (encroaching into FILE # LA19-000007 18 March 2019 Page 3 of 5 the average lakeshore and 75-foot setbacks); a new 462 square foot patio is proposed on the first floor level in the southeast corner of the home. Variances for setback are required due to the increase in mass within the existing nonconforming footprint. The 75-foot hardcover variance is relating to the new patio hardcover and location. The proposed hardcover level of 24.9% reflects a 155 square foot overall increase from the existing conditions; while this falls within the hardcover limits, 266 square feet additional hardcover is proposed in the 75-setback due to the proposed, larger patio. The proposed home is 896 square feet larger than the existing home. Building coverage is proposed at 12%; the applicant is not maximizing the proposed building coverage. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its substandard size and width, location of adjacent homes, and the existing home’s proximity to the lake. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home on the substandard lot, in the proposed location within the lake and average lakeshore setbacks, appears to be somewhat reasonable as the applicant is proposing to build within the existing lakeside footprint, the property’s nonconforming size, and the neighboring homes’ orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level, and building encroachments proposed within the lake yard and average lakeshore setback do not exceed existing setbacks and do not appear to be unreasonable. FILE # LA19-000007 18 March 2019 Page 4 of 5 b. There are circumstances unique to the property not created by the landowner; The nonconforming lot size, the existing home’s location with respect to the lake and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, hardcover, average lakeshore and lake setback variances are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested hardcover, lot area, lot width, average lakeshore setback and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variances for lot width, lot area, and setback are necessary, and do not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE # LA19-000007 18 March 2019 Page 5 of 5 Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that due to the applicant’s choice to build a replacement home within the existing footprint there are difficulties limiting the volume expansion within the existing setback from the lake. The location of the neighboring homes creating the average lakeshore setback also impacts the proposed volume increases. Also, the proposed 61.2 foot setback from the lake affects the opportunities for improvements on the lake side of the home. The relocation of the lakeside patio to the main level of the home results in the loss of the “nonconforming” status of the existing patio setback and hardcover. The new patio request may be reasonable, however staff suggests a reduction in the size so that the 75-foot zone hardcover is not increased over existing. Engineer Comments The City’s Engineer has conducted a cursory review of the plans. Those comments are attached as Exhibit G. A more thorough review will be done at the time of the building permit review. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval should the planning commission agree with and/or identify practical difficulties supporting the variances. Staff does not support the larger patio in the 75 lake yard as proposed. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. City Engineer Comments Exhibit H. Property Owners List Exhibit I. Plat Map AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. To consider a preliminary plat that creates one residential buildable lot and an access outlot at 1645 Shadywood Road. 2. MN§15.99 Application Deadline. The application was received on February 20, 2019 and considered to be complete on April 3rd, 2019. The 120-Day review period has been extended and will expire on August 1, 2019. 3. Background. This property was the subject of a preliminary plat in 2013, but expired with no final plat. This layout is consistent with that proposal. The proposal includes two lots in a front lot/ back lot configuration. All lots and the access outlot meet the size and width requirements of the Zoning Ordinance. The project will include grading for the house site, and the removal of some trees within the interior of the lot. The grading will be done as part of the building permit. 4. Planning Commission Vote and Comment. On March 18, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 6-0 on a motion to approve the project. The members of the Commission noted that the project is consistent with the applicable zoning ordinance. 5. Public Comment. Comments from one neighbor has been received, and is attached as Exhibit D. The neighbor’s concerns focused on overdevelopment of the area, stormwater, and tree removal. The grading plan shows the creation of defined swales along the access aisle that will channel water to the right of way. Stormwater management is looked at very carefully on all building projects. The lots meet or exceed the minimum lot areas, there is no way to prevent future subdivision if it meets applicable standards, and the trees are not protected and may be removed. 6. Staff Recommendation. Staff recommends approval of the preliminary plat by adopting the attached resolution. COUNCIL ACTION REQUESTED City Council should review the approval resolution and adopt or amend. Exhibits A. Draft Resolution B. PC staff report C. PC Minutes D. Resident Comments References PC Exhibits 3-18-19 Item No.: 12 Date: April 8, 2019 Item Description: LA19-000009 – Jamison Kohout o/b/o Real Assets LLC, 1645 Shadywood Road – Preliminary Plat– Resolution Presenter: Jeremy Barnhart, AICP Community Development Director Agenda Section: Consent Agenda CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 1 of 6 A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PROPERTY LOCATED AT 1645 SHADYWOOD ROAD FILE NO. LA19-0000009 WHEREAS, Real Assets, LLC, a Minnesota Limited Liability Company, (hereinafter the “Developer”) is the owner of the property within the City of Orono (hereinafter the "City") identified as property identification number (PID) 17-117-23-22-0013 and legally described as follows: That part of the South 140 feet of the North 428.5 feet of Government Lot 2, Section 17, Township 117, Range 23, lying West of the West line. of "Shady Wood" and East of a line drawn parallel with and 777.85 feet West, measured at right angles, from the West line of "Shady Wood", Hennepin County Minnesota (hereinafter the "Property"); and WHEREAS, on February 20, 2019, the Developer represented by Jamison Kohout filed an application with the City for preliminary approval of a 2-lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, on March 18, 2019, the Orono Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on March 18, 2019 the Planning Commission reviewed the application and recommended on a vote of 6 to 0 that the City Council grant preliminary plat approval, subject to a number of specified conditions; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on April 8, 2019, and hereby makes the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File LA19-000009. 2. The property is guided in the 2008-2030 Orono Community Management Plan (CMP) for single family residential use at a density of 2 units per acre. The proposed development with single family homes is consistent with the provisions of the CMP, and is consistent with surrounding development. The property is located within the MUSA and will be served with city sewer and city water. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 2 of 6 3. The Property is zoned LR-1C Single Family Lakeshore Residential District, which requires a minimum lot area of 0.5 acres and minimum lot width of 100'. The Property contains a total area of approximately 109,109 s.f. or 2.50 acres and has a width of 140 feet along Shadywood Road (County Road 19). 4. The proposed plat would create a front lot (Lot 2) of 0.75 acres in area and 110 feet in width along Shadywood Road; and a back lot (Lot 1) of 1.55 acres in area, meeting the 0.75 acre minimum for a back lot in the LR-1C district, and with a defined width of 140 feet. 5. Access to both new lots will be via a single shared driveway Outlot being 30 feet in width extending westward from Shadywood Road along the southerly boundary of the property. 6. The property lies within 1,000’ of Lake Minnetonka requiring conformance with the hardcover regulations of the Stormwater Quality Overlay District. The entire property is within Hardcover Tier 2 allowing 30% impervious surface. 7. A trail easement is proposed along the east side of Lot 2. Because dedication of actual land for park purposes is not required at this location, a Park Dedication Fee in lieu of land per City Ordinance would be appropriate. 8. Hennepin County has requested an additional 17 feet of right-of-way for County Road 19 for potential future road and trail purposes. The City per its standard practices will only require the dedication of a 10’ trail easement along the easterly boundary of Lot 2 and Outlot A as noted above. 9. Both proposed lots will contain suitable area meeting all established setback, hardcover and lot coverage requirements to allow the construction of single family residences without the need for variances CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for a 2-lot plat per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated February 18, 2019 and attached hereto as Exhibit A, subject to the following conditions: 1) Lot Standards. Structure setbacks shall adhere to the requirements of the Zoning Code for front/back lot division. 2) Driveway Access. Driveway access to Lots 1 and 2 shall be a shared driveway within Outlot A. All other curb cuts or access points onto the adjacent County Road shall be removed. The Developer shall establish the appropriate shared driveway easements and maintenance CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 3 of 6 covenants over Outlot A. Developer shall provide copies of approved Hennepin County permit for driveway access location for Outlot A. 3) Trail Easement. An easement for public trail purposes shall be granted by the Developer over the easterly 10 feet of the plat. 4) Municipal Sewer and Water. The subject property is located within the Metropolitan Urban Service Area (MUSA). Sewer and water service is available to the property in Shadywood Road. Both Lots 1 and 2 shall make connections to the existing sewer and water mains in Shadywood Road. This plat proposal will be submitted to the Fire Chief/Fire Marshal for review of whether the remoteness of the building site for Lot 1 will require installation of a new hydrant within the property. If a hydrant is required, the developer shall be responsible for the costs of installation of said hydrant. 5) City Utility Connection Charges. The property was fully assessed for sanitary sewer as part of the 1963-1A sewer projects based on front footage and acreage. The property was charged for only one unit as part of the 1970-LW-1 project. A second water unit connection charge will be due prior to Final Plat approval in the amount of $4,240 (2019 Fee Schedule). 6) Metropolitan Council Sewer Availability Charge (SAC). Met Council SAC charges for both lots will be due at the time of building permit for each respective lot. 7) Stormwater and Drainage Improvements. Final plat approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. Upon building permit issuance the property owner will be required to comply with individual lot stormwater and erosion control management practices. 8) Drainage and Utility Easements. On the final plat, Drainage and Utility Easements shall be dedicated to the public 10' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. A Drainage and Utility easement shall be granted over the entirety of Outlot A. Drainage Easements shall be granted over any stormwater facilities that may be required by the Minnehaha Creek Watershed District. 9) Development Fees. A. Park Dedication Fee. The subdivision is subject to the standard Park Dedication Fee requirement. Because the value of newly created Lot 1 is expected to be in excess of the threshold value of $69,375.00, the 8% park fee cap of $5,550 per new lot will apply. A Park Dedication Fee will be due for 1 lot, in the amount of $5,550. (2019 fee schedule) B. Stormwater and Drainage Trunk Fee. The development is subject to the Stormwater and Drainage Trunk Fee, established in the 2013 Fee Schedule and revised in 2018, of $3,025.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 6 per lot for the 1/2-acre zone. The Storm Water Drainage and Trunk Fee is calculated as follows: 2 lots x $3,025/lot = $6,050. C. Utility connection fees as described above. The development will be subject to the Stormwater truck fee, $3,025 per lot. 10) City Engineer Approval. Approval is subject to recommendations of City Engineer Adam Edwards. 11) 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, to ensure that the proposed plat will accomplish the intended purposes: (a) Final conceptual grading, drainage and erosion control plan for the proposed shared driveway, showing existing and proposed contours; any proposed stormwater facilities and calculations that may be required by the Minnehaha Creek Watershed District; proposed utility connections; and erosion control measures to be used during construction. Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. (b) Sufficient detail to meet the recommendations of the City Engineer. 12) The Preliminary Plat approval granted by this Resolution shall expire one-year from the approval date (April 8, 2020). FINAL SUBMITTALS The following list of final submittals must be submitted to the Planning & Zoning Coordinator 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 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'. Drawing to include: A. Dedication of "Drainage and Utility Easements" 10' along exterior property lines, 5' along interior property lines and over all of Outlot A. B. Dedication of “Drainage Easements” over all drainageways or stormwater facilities required by the MCWD. C. Naming of plat. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 5 of 6 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. 3. Plat approval fees to be paid: Total due: $16,115.00 A. Final plat fee: $275.00 B. Park Dedication Fee: $5,550.00 C. Stormwater and Drainage Trunk Fee: $6,050.00 D. Water Unit Connection Charge: $4,240.00 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 8th day of April, 2019. ATTEST: _________________________________ __________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor Date Application Received: February 20, 2019 Date Application Considered as Complete: Incomplete 60-Day Review Period Expires: To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: March 18, 2019 Subject: #LA19-000009, Jamison Kohout o/b/o Real Assets, LLC 1645 Shadywood Rd, Preliminary Plat - Public Hearing Background This property was the subject of a preliminary plat action in 2013 (Resolution 6338). The corresponding final plat was never filed, and the preliminary plat expired in November, 2014. This proposal is identical in layout compared to the original approved preliminary plat, though the lot sizes are slightly different. Proposal The applicant proposes to split the 2.51 acre parcel into two lots and an 30 foot wide access outlot: Lot 1. Lot 1 is 67,529 sq. ft. (1.55 acres) and is 140.27 feet wide. Both dimensions exceed the minimum requirements for a back lot in the LR-1C zoning district (.75 acres and 100 feet wide). The lot will be served by municipal water and sewer. The lot includes a number of trees that will be removed to support a building pad. There is an adequate building pad within the setbacks to accommodate a house in character with the surrounding area. Access to lot 1 will be via the access Outlot A and will be shared with Lot 2 for the eastern 300 feet. Lot 2. Lot 2 is 32,670 sq ft (0.75 acres) and is 110.21 feet wide. Both dimensions exceed the requirements of a lot in the LR-1C zoning district (0.5 acres and 100 feet in width.) Access to this lot will be via a shared driveway off of Shadywood Road. Staff has Application Summary: The applicant is requesting preliminary plat approval to split the existing 2.51 acre parcel into two buildable lots and an outlot, in a front lot/ back lot configuration. Staff Recommendation: Planning Department Staff recommends approval of the subdivision, subject to the conditions listed below. FILE # LA19-000009 March 18, 2019 Page 2 of 3 submitted the plans to Hennepin County for their comment, but to date, no comments have been received. There is adequate area on the lot, within the setbacks, to build a house in character with the neighborhood. Access outlot. The only dimensional requirement is the outlot must be 30 feet wide, to accommodate the driveway, drainage, and snow storage. The outline is 30.06 feet wide, meeting the requirement. Applicable Regulations: Section 82-256 regulations front/back lot divisions and is attached as Exhibit E. Analysis The creation of one lot does not require stormwater management. The lot meets all dimensional requirements. Staff has requested additional information, (MCWD permit, grading plans) outlined in the incomplete letter, Exhibit D. Since these items can be accommodated easily, Staff recommends approval of the subdivision, pending satisfaction of those items. The Planning Commission may elect to review this additional information prior top moving the application forward. Engineer Comments 1. The only comment generated by the City Engineer is the following: On the Gronberg survey the service lines for lot 1 should be covered with an easement. The water service line is shown within Lot 2 along CSAH 19. The trail easement should be fine as long as it is also a utility easement. This will be incorporated into the conditions. Public Comments To date, no written public comments have been received, though staff has received a call from a neighboring property owner concerned about future subdivision of any of the lots, and storm water impacts to the access drive and adjacent parcels. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval, subject to the following conditions 1. Final Plat applied for within 1 year of Preliminary Plat approval. 2. Easement to the benefit of both lots and the city for access and utilities over all of Outlot A. 3. Easement to protect utility service lines serving the two parcels. FILE # LA19-000009 March 18, 2019 Page 3 of 3 List of Exhibits Exhibit A. Application summary Exhibit B. Plat Drawing Exhibit C. Narrative/ Cover Letter Exhibit D. Staff Comment Letter Exhibit E. Applicable Code Section Exhibit F. Public Notice Mailing information MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 2 3. LA19-000009 REAL ASSETS/JAMISON KOHOUT, 1645 SHADYWOOD ROAD, PRELIMINARY PLAT, 6:52 P.M. – 7:00 P.M. Jamison Kohout, Applicant, was present. Barnhart stated the applicant is requesting preliminary plat approval to split the existing 2.51-acre parcel into two buildable lots and an outlot, in a front lot/back lot configuration. This property was the subject of a preliminary plat action in 2013 but the corresponding final plat was never filed. The preliminary plat expired in November 2014. This proposal is identical in layout compared to the original approved preliminary plat with the exception of the lot sizes. The applicant proposes to split the 2.51-acre parcel into two lots with a 30-foot wide access outlook. Lot 1 would consist of 1.55 acres and be 140.27 feet wide. Lot 2 would be 0.75 acres and be 110.21 feet wide. Both lots exceed the requirements of a lot in the LR-1C zoning district. Access to Lot 1 would be via Outlot A and Lot 2 would be accessed via a shared driveway off of Shadywood Road. Both properties will be served with sewer and water. The City Engineer has pointed out the need for an additional easement over the service lines for Lot 1. Hennepin County supports the proposed access. The applicants are not proposing to clear cut the lot but there are some trees in the middle of Lot 1 that will need to be removed. A Conservation Design was done in preparation for the 2013 application and recognize that this was a maple/basswood forest. There were no comments that the trees proposed to be removed be preserved. Staff has received some comments regarding grading and runoff along Outlot A and that will be reviewed very closely as part of this application. Planning Staff recommends approval, subject to the following conditions: 1. Final plat applied for within one year of preliminary plat approval. 2. Easement to the benefit of both lots and the city for access and utilities over all of Outlot A. 3. Easement to protect utility service lines serving the two parcels. The Planning Commission had no questions for Staff. Jamison Kohout, Real Assets, LLC, stated this is basically the same application that was proposed previously and that his family will be relocating to Orono and they would like to take advantage of the lots. Kohout stated he was unaware either of the lot sizes had changed. Chair Thiesse opened the public hearing at 6:54 p.m. Brian Zjawiony, 1675 Shadywood Road, stated currently runoff from Outlot A is washing out Shadywood Road and that it needs to be addressed. There are three or four massive potholes that have developed. Zjawiony indicated he is fine with the rest of the proposal. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 2 Chair Thiesse closed the public hearing at 6:55 p.m. Lemke commented he hates to see all the trees cut down but there is not much the City can do to prevent it. Once the grading plan is developed, the owner will have a better idea of how many trees will need to be removed. Thiesse asked if this property will have city sewer. Barnhart indicated it will. Libby stated since the erosion has been exacerbated by the weather, some type of recommendations from the City Engineer to help abate the problem would be warranted. Ressler stated he also does not see a way to avoid cutting down the trees. Ressler indicated he has not noticed the erosion to be necessarily tied to the curb cut but that it could just be the weather in general and is something that could be reviewed by the City Engineer. Barnhart noted the grading plan is always reviewed by the City Engineer to ensure there is no impact to the neighboring properties or any other issues. Thiesse asked if there is a requirement that the driveway be paved. Barnhart stated the City generally sees driveways paved in these situations. Landgraver stated the preliminary plat is consistent with what was approved last time and he would be in favor of it. Lemke moved, Ressler seconded, to recommend approval of Application No. LA19-000009, Real Assets/Jamison Kohout, 1645 Shadywood Road, Preliminary Plat, subject to the conditions recommended by Staff. VOTE: Ayes 6, Nays 0. From:Jeremy Barnhart To:Dustin Rief; Jeremy Barnhart Cc:"jamison@jamisonkohout.com" Bcc:Bob Erickson; Bruce Lemke (bruce@plantscapeinc.com); Chad.Olson; Dennis Libby; John Thiesse (jbthiesse@hotmail.com); Jon Ressler; Kevin Landgraver (klandgraver@gmail.com) Subject:FW: Plans Date:Friday, March 15, 2019 1:45:40 PM Commissioners, After the packet was distributed, the following email was receieved, for Item #3, 1645 Shadywood Rd. From: Brian Zjawiony [mailto:zjawiony@hotmail.com] Sent: Friday, March 15, 2019 1:23 PM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Subject: Re: Plans Hi Jeremy, I completely forgot to respond to this I hope I’m not too late. Our concerns are the following: 1. Our concern is that property cannot be sub divided further than beyond what has been proposed. We believe this over development of our community is taking away from everything we love about Orono. Specifically lot sizes. I shouldn’t be able to look out my window into my neighbors living room. I don’t wish to live next to a stacked up sub development. 2. I’m concerned and would like the council to address the length of the shared drive and the effect of flooding out Shadywood road. Currently the run off from this property creates flooding on Shadywood and has caused potholes to develop on the road surface. We have never had this problem on Shadywood where the previous driveway was located. Now the current gravel road and run off is effecting road conditions. 3. Will there be enough room for emergency vehicles to reach and operate safely on the set back property? 4. Previously I believe there was provision around the amount of trees that could be removed from the property. I would hate to see a beautiful mature tree lot be bulldozed to squeeze in more homes. Thank you, Brian Zjawiony 1675 Shadywood Rd On Mar 6, 2019, at 3:16 PM, Jeremy Barnhart <jbarnhart@ci.orono.mn.us> wrote: From: Brian Zjawiony [mailto:zjawiony@hotmail.com] Sent: Wednesday, March 6, 2019 3:16 PM To: Jeremy Barnhart <jbarnhart@ci.orono.mn.us> Subject: Plans <Leslie Lakeview Estates pre-pl.PDF> AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding a setback variance and CUP for plumbing for a new detached garage. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on February 20, 2019. Therefore the 60-Day review period expires on April 2019. 3. Background/ Summary. The applicant is requesting a side setback variance to permit the reconstruction of an existing one-level, detached garage in a larger footprint at an improved but still substandard side yard setback. The existing 441 square foot garage is currently 2.5 feet from the side lot line. The applicant is proposing a 4.3 foot setback for a new 744 square foot two-story garage. A conditional use permit (CUP) is requested so that a full bathroom with shower/bathtub can be installed. 4. Planning Commission Vote and Comment. On March 18, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion to approve the request. 5. Public Comment. Comments from a neighbor was received and is attached as Exhibit D. 6. Staff Recommendation. The owners have agreed to the covenant limiting the use of the detached garage relating to the plumbing CUP. Staff recommends approval. COUNCIL ACTION REQUESTED The Council should consider a motion to adopt or amend the approval resolution. Exhibits A. Draft Resolution B. Proposed Plans C. Draft PC Minutes D. Public Comment E. PC Staff Report References PC Exhibits 03/18/19 Exhibit A. Application Summary & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Landscape Plan Exhibit F. Proposed Plans & Elevations Exhibit G. Site Photos Exhibit H. Aerial Photos Exhibit I. Submitted Hardcover Calculations Exhibit J. MCWD Comments Item No.: 13 Date: April 8, 2019 Item Description: LA19-000010, Rehkamp Larson Architects o/b/o Alexander & Amy Ware, 2587 Kelley Ave – Resolution Presenter: Melanie Curtis Planner Agenda Section: Consent Agenda AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR Exhibit K. Neighbor Comments Exhibit L. Building Official Comments Exhibit M. Property Owners List Exhibit N. Plat Map CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-35078-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-328 FILE NO. LA19-000010 WHEREAS, on February 20, 2019, Alexander H. Ware and Amy S Ware, a married couple (hereinafter the “Applicants”), applied for a conditional use permit and variance from the City Code for the property addressed 2587 Kelly Avenue and legally described as: The Southeasterly Half of Lot 4, Block 5, Townsite of Langdon Park including adjacent vacated 34 feet of Kelly Avenue, 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 78-350 to allow a setback of 4.3 feet from the south side lot line where a 2.5’ setback currently exists and 7.5’ is required in order to rebuild a detached garage in a larger footprint including with a 2nd story; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (CUP) to allow plumbing including a bathtub or shower in an accessory building pursuant to Orono Municipal Zoning Code Section 78-328(7); and WHEREAS, on March 18, 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 March 18, 2019, the Planning Commission recommended approval of the variance and CUP; and WHEREAS, on April 8, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance and CUP 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 #LA19-000007. 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 Zoning District. 3. The Property contains 0.7 acres in area and has a defined lot width of 75 feet at the OWHL and 75 feet at the 75-foot setback. 4. The northwestern side of the property is encumbered with an ingress and egress easement benefitting the neighbor at 2585 Kelly Avenue. 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: a. Side Yard Setback Variance b. CUP for plumbing in an accessory building 7. In considering this application, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance and CUP 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. PRACTICAL DIFFICULTY ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The requested side yard setback variance is in harmony with the Ordinance as the proposed garage backs up to the neighbor’s detached garage and the applicant proposes a drain tile to manage storm water between the buildings. The neighbors have stated that they will not be impacted by the proposed improvements. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variance resulting in a permit for construction of an accessory building/garage in addition to the existing single family residence in a residential zone are consistent with the Comprehensive Plan. 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 building within the side yard setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the homes’ orientations and locations separate the building from the adjacent neighbors. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing garage to be replaced, width of the lot, access to the proposed garage, the orientation and location of the neighboring homes, and the existing topography are conditions not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality.” It does not appear that the requested setback variance for the detached garage will adversely impact the adjacent property owners or alter the character of the locality. 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 detached garage 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. 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 orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Applicants in redeveloping the Property consistent with the homes in their neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location of the existing garage, the access easement on the northwest side of the Property, the orientation and location of the neighboring homes, width of the property, the topography and access to the garage are unique conditions affecting the Property. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The location of the existing garage, the orientation and location of the neighboring homes, the Property’s width, access easement, the topography and access to the garage are unique conditions affecting 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.” The Applicant states that the variance is necessary to preserve their right to improve the Property. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The application of the setback requirements in conjunction with lot’s width and topography limit the options for locating a conforming building; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing garage, the orientation and location of the neighboring homes, the access easement, width of the Property, the topography and access to the garage. CUP ANALYSIS The Council finds that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed detached garage improvement including the plumbing fixtures are compliant with the zoning ordinance. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The Property is served by City sewer and water. Staff believes this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed detached garage with office/recreation space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The detached garage with office and recreation space including plumbing is residential in visual character and is expected to be compatible with the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed detached garage with plumbing is expected to be residential in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the detached garage with office space which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The detached garage will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be screened somewhat by existing detached garage on the property to the east, vegetation and the physical separation. In the opinion of staff, additional screening or buffering will not be required. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed detached garage with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed detached garage with plumbing will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed detached garage with plumbing has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. 16) The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. 17) The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 18) The Owners agree to the filing of a covenant in the title of the Property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 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 78-350 to allow a setback of 4.3 feet from the south side lot line; and a conditional use permit to allow plumbing including a bathtub or shower in an accessory building pursuant to Orono Municipal Zoning Code Section 78-328(7) in conjunction with the construction of a new detached garage; 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 02/19/19 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 variances will expire on that date (April 8, 2020). 19) The undersigned Owners hereby agree to the filing of a covenant in the title of the Property providing that the accessory building will not be: d. Used for a home occupation unless specifically approved by the city or if allowed by this Code. e. Used as a dwelling unless a guest house conditional use permit is obtained. f. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 8 ADOPTED by the Orono City Council on this 8th day of April, 2019. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor ___________________________ _______________________________ Alexander Ware, Owner Amy Ware, Owner STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of __________________, 20___, by Alexander H. Ware, spouse to Amy S. Ware. ____________________________________ Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of __________________, 20___, by Amy S. Ware, spouse to Alexander H. Ware. ____________________________________ Notary Public Proposed Property Line Pr o p o s e d G a r a g e & S t u d i o Ex i s t i n g 9 0 0 s . f . C o t t a g e Shared Driveway (Easement) No t e : P r o p o s e d l o c a t i o n o f G a r a g e & S t u d i o m a i n t a i n s v i e w o f P r i m a r y s t r u c t u r e Re w o r k e x i s t i n g r e t a i n i n g w a l l s & s t a i r s No t e : S i d i n g a n d t r i m d e t a i l s t o m a t c h P r i m a r y s t r u c t u r e Neighbor's existing retaining wall not shown Sh a r e d D r i v e w a y (E a s e m e n t ) Sh a r e d D r i v e w a y (E a s e m e n t ) Ed g e o f E a s e m e n t Existing Shed Neighbor's Garage Existing Shed Ed g e o f E a s e m e n t MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 4. LA19-000010 REHKAMP LARSON ARCHITECTS, 2587 KELLY AVENUE, VARIANCES AND CONDITIONAL USE PERMIT, 7:00 P.M. – 7:13 P.M. Jean Rehkamp and Sarah Nymo, Rehkamp Larson Architects, were present. Curtis stated the applicant is requesting a side setback variance to permit the reconstruction of an existing one-level, detached garage in a larger footprint at an improved but still substandard side yard setback. The existing 441 square foot garage is 2.5 feet from the side lot line and is proposed to be removed. The applicant is proposing a 4.3-foot setback for a new 744 square foot two-story garage. The required setback for an accessory building less than 1,000 square feet is 7.5 feet. A detached garage with recreation space is permitted, and a conditional use permit is requested so that a full bathroom with shower/bathtub can be installed. Supportive comments from the neighbor most directly impacted were received and have been included in the Commission’s packet. Staff recommends approval of the variance subject to conformance with the building official’s comments, the building code, and the comments of the City Engineer. Staff recommends approval of the conditional use permit. The property owners would be required to file a covenant agreeing that the structure will not be used as a dwelling until a permit is obtained allowing use of the building as a dwelling. The Planning Commission had no questions for Staff. Rehkamp stated this project was inspired by an existing 900 square foot cottage on the lot that has been there since the1900s. The cottage is in great shape. The property owners have three children and are hoping to have them visit this summer. The extra square footage comes from the desire to maintain the existing cottage and have some extra room for their children. Nymo noted the cottage already has one existing bathroom and the detached garage with a studio above it provides a little more room and privacy. Landgraver asked if the garage will mirror the cottage aesthetically. Rehkamp indicated the materials will match but that it will have a steeper roofline than the cottage so some living space can be gained. Landgraver asked if it is one and a half or two full baths in the garage. Rehkamp indicated it is two. Thiesse asked whether the retaining walls are new or existing. Nymo noted there are existing retaining walls there presently that will be modified. The garage could be built further into the property, but there is an egress/ingress easement with the adjacent neighbor, and they would also like to preserve the view of the cottage as you enter the property. Libby asked what steps will be taken to address the runoff. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Rehkamp stated they have not gone to the level of engineering yet but that something will need to be done since the whole wall of the garage is buckling in. Lemke asked if the new garage is taller than the existing one. Rehkamp indicated it is. The lower side of the garage, which is the highest side, would be 24 feet. Thiesse asked if the City is going to require that this not be living quarters. Curtis indicated that is part of the covenant. Thiesse commented it seems like this would be a perfect opportunity for it to become sleeping quarters and asked what process the applicants would need to go through in order for that to happen. Curtis stated they would require double the acreage. Chair Thiesse opened the public hearing at 7:08 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:08 p.m. Libby stated given the circumstances of this being a familial type of arrangement and with the City having ample regulations, this structure could easily be converted into a rental. Libby stated there is a definite housing need for this type of structure. Thiesse noted they would not be allowed given the acreage. Curtis noted the applicants are not requesting that either. Ressler commented he would be in support of it and that the massing is away from the lake. Landgraver stated the trees will likely need to be cleared out since that is probably what is pushing the wall in. The new structure will blend in since it will look like the cottage, and the other alternative would be to tear out the cottage and put in a mansion. Landgraver stated in his view the recommended conditions by Staff relating to a dwelling and home occupation are good. Erickson stated he is comforted by the four conditions being recommended, and based on that, he could support the application. Lemke commented it is a big mass and will change the visual appearance of the area, but overall it is a nice improvement to the site and neighborhood. Libby moved, Landgraver seconded, to recommend approval of Application No. LA19-000010, Rehkamp Larson Architects, on behalf of Alexander and Amy Ware, 2587 Kelly Avenue, variances and conditional use permit, subject to staff recommendations. VOTE: Ayes 5, Nays 0. From:Scott Wine To:Melanie Curtis Subject:Ware Garage Remodel Date:Thursday, February 21, 2019 8:05:33 AM Melanie— I hope this note finds you well and enjoying all of this snow. It certainly is good from a Polaris perspective! I am writing to let you (and the Planning Commission) know that Alex Ware has shared with us their plans to remodel their garage that is adjacent to our lot, and we are fully supportive. The new structure will impact our views at all and will likely improve our property value with a more aesthetic and useful garage. Best regards, Scott Scott W. Wine scott.wine@polaris.com CONFIDENTIAL: The information contained in this email communication is confidential information intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return email and destroy all copies of this communication, including all attachments. Date Application Received: 02/20/19 Date Application Considered as Complete: 02/20/19 60-Day Review Period Expires: 04/21/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 18 March 2019 Subject: #LA19-000010, Rehkamp Larson Architects o/b/o Alexander + Amy Ware, 2587 Kelley Ave, Public Hearing: Side Setback Variance + CUP Plumbing Background The applicant is requesting a side setback variance to permit the reconstruction of an existing one-level, detached garage in a larger footprint at an improved but still substandard side yard setback. The existing 441 square foot garage is 2.5 feet from the side lot line. The applicant is proposing a 4.3 foot setback for a new 744 square foot two-story garage. A conditional use permit (CUP) is requested so that a full bathroom with shower/bathtub can be installed. The applicant’s narrative describes the request in greater detail. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 – Accessory Building (<1,000 square foot) Setbacks: LR-1B Required Existing Proposed Rear/Street 35’ ±152’ ±144’ North West Side 7.5’ * 38’ 34’ South East Side 7.5’ * 2.5’ 4.3’ Lakeshore 75’ +300’ +300’ Average Lakeshore The improvements are well beyond the average lakeshore setback line. *78-330(b)(1) Side yard setback. For lots that are non-conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. Application Summary: The applicant is requesting to reconstruct an existing nonconforming detached garage with a larger footprint at a 4.3 foot setback where a 2.5 foot setback exists, and a 7.5 foot* setback is required. A conditional use permit to allow a bathroom with a shower/bathtub is also requested. *City Code Section 78-330(b)(1) Staff Recommendation: Planning Department Staff recommends approval. FILE #LA19-000010 18 Mar 2019 Page 2 of 6 Section 78- 350 - Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acre) 140’ Actual 30,625 s.f. (0.7 acres) 76’ at the OHWL & 72’ at the 75’ SB Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 30,625 s.f. (0.7 acres) Allowed: 6,125 s.f. (20%) Proposed: 2,317 s.f. (7%) Section 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 30,625 s.f. 7,656 s.f. (25 %) 5,296 s.f. (17.2%) 6,247s.f. (20.4%) Applicable Regulations: Side Yard Setback Variance (Section 78-350) The existing detached garage is situated 2.5 feet from the southeast side lot line. It is proposed to be removed and replaced with a larger detached garage with an office and exercise studio above situated 4.3 feet from the lot line, an improvement of 1.8 feet. The required setback for an accessory building less than 1,000 square feet in footprint is 7.5 feet for this property (due to the flexibility based on width). Plumbing in the Accessory Building CUP (Section 78-328(7)) The proposed detached garage with recreation space is permitted, the applicant’s request to install a bathroom with full bathing facilities requires a CUP. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: FILE #LA19-000010 18 Mar 2019 Page 3 of 6 1. The variance is in harmony with the general intent and purpose of the Ordinance. The requested side yard setback variance is in harmony with the Ordinance as the proposed garage backs up to the neighbor’s detached garage and the applicant proposes a drain tile to manage storm water between the buildings. The neighbors have stated that they will not be impacted by the proposed improvements. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of an accessory building/garage in addition to the existing single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of building within the side yard setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the homes’ orientations and locations separate the building from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; the location of the existing garage to be replaced, width of the lot, access to the proposed garage, the orientation and location of the neighboring homes, and the existing topography are conditions not created by the landowner; and c. The variance will not alter the essential character of the locality. It does not appear that the requested setback variance for the detached garage will adversely impact the adjacent property owners or alter the character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential garage with office space is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the existing garage, the access easement on the northwest side of the property , the orientation and location of the neighboring homes, width of the property, the topography and access to the garage are unique conditions affecting the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing garage, the orientation and location of the neighboring homes, the property width, the topography and access to the garage are unique conditions affecting the subject property. FILE #LA19-000010 18 Mar 2019 Page 4 of 6 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states that the variance is necessary to preserve their right to improve their property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application of the setback requirements in conjunction with lot’s width and topography limit the options for locating a conforming building; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing garage, the orientation and location of the neighboring homes, width of the property, the topography and access to the garage. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed detached garage improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by City sewer and water. Staff believes this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The proposed detached garage with office/recreation space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The detached garage with office and recreation space including plumbing is residential in visual character and is expected to be compatible with the surrounding area. FILE #LA19-000010 18 Mar 2019 Page 5 of 6 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed detached garage with plumbing is expected to be residential in character and consistent with that of the principal building on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the detached garage with office space which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The detached garage will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be screened somewhat by existing detached garage on the property to the east, vegetation and the physical separation. In the opinion of staff, additional screening or buffering will not be required. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed detached garage with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; It is anticipated that the proposed detached garage with plumbing will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed detached garage with plumbing has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The accessory building is conforming in location, size and height. 4. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. FILE #LA19-000010 18 Mar 2019 Page 6 of 6 Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Public Comments Public comments have been received and are attached as Exhibit K. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variance subject to conformance with the Building Official’s attached comments, the Building Code, and the requirements of City Engineer at the time of building permit review. Regarding the CUP for plumbing, Staff recommends approval conditioned upon the property owners’ agreement to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. List of Exhibits Exhibit A. Application Summary & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Landscape Plan Exhibit F. Proposed Plans & Elevations Exhibit G. Site Photos Exhibit H. Aerial Photos Exhibit I. Submitted Hardcover Calculations Exhibit J. MCWD Comments Exhibit K. Neighbor Comments Exhibit L. Building Official Comments Exhibit M. Property Owners List Exhibit N. Plat Map AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1. Purpose. Formally recognize 3 members of the Planning Commission recently completing service on the Planning Commission. 2. Background/ Summary. Three Planning Commissioners, Kevin Landgraver, Bruce Lemke, and Chad Olson recently completed terms serving on the Planning Commission. In recognition of their service to the Community, staff has prepared three resolutions for approval by the City Council. A plaque has also been prepared. 3. Staff Recommendation. Staff recommends approving the three resolutions and awarding the plaques to the Commissioners. COUNCIL ACTION REQUESTED Motion to adopt each resolution Exhibits A. Kevin Landgraver Resolution B. Bruce Lemke Resolution C. Chad Olson Resolution Item No.: 14 Date: April 8, 2019 Item Description: Planning Commission Recognition Presenter: Jeremy Barnhart, Community Development Director Agenda Section: Presentation CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION OF APPRECIATION TO KEVIN LANDGRAVER FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PLANNING COMMISSION WHEREAS, Kevin Landgraver has served this community with distinction as a member of the Planning Commission since his appointment as a regular member on September 26, 2011; and WHEREAS, his 8 years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, he has earned the respect, admiration and high regard of those with whom he has worked; and WHEREAS, the performance of his duties and responsibilities as a member of the Planning Commission has been characterized by thoughtful and consistent input, quick wit, compassion, and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation to Kevin Landgraver for his distinguished service to the community and does also highly commend him for the manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to Kevin their best wishes for continued success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8th day of April, 2019. ATTEST: ___________________________ _________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION OF APPRECIATION TO BRUCE LEMKE FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PLANNING COMMISSION WHEREAS, Bruce Lemke has served this community with distinction as a member of the Planning Commission since his appointment as a regular member on May 29, 2012; and WHEREAS, his 7 years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, he has earned the respect, admiration and high regard of those with whom he has worked; and WHEREAS, the performance of his duties and responsibilities as a member of the Planning Commission has been characterized by thoughtful input, humor, common sense, compassion, and constructive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation to Bruce Lemke for his distinguished service to the community and does also highly commend him for the manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to Bruce their best wishes for continued success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8th day of April, 2019. ATTEST: ___________________________ _________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ A RESOLUTION OF APPRECIATION TO CHAD OLSON FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PLANNING COMMISSION WHEREAS, Chad Olson has served this community with distinction as a member of the Planning Commission since his appointment as a regular member on March 14, 2016; and WHEREAS, his 3 years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, he has earned the respect, admiration and high regard of those with whom he has served; and WHEREAS, the performance of his duties and responsibilities as a member of the Planning Commission has been characterized by constructive input and positive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation to Chad Olson for his distinguished service to the community and does also highly commend him for the manner in which he has carried out his duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to Chad their best wishes for continued success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 8th day of April, 2019. ATTEST: ___________________________ _________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Prepared By: Reviewed By: Approved By: DJR 1. Purpose. The purpose of this work session item is for Hennepin County Transportation Design Project Manager, Ryan Allers, P.E. to provide the City Council with an update on the project to plans for the safety improvement project at the CSAH 15 (Shoreline Drive) and CSAH 19 (Shadywood Road) intersection. 2. Background. Based on traffic safety studies conducted by Hennepin County and MnDOT, a need was found to redesign the Shoreline Drive and Shadywood Road intersection to improve traffic safety. A project overview is at exhibit A. The new intersection will improve safety and traffic flow, which will help enhance the livability and quality of life for people who reside, work and travel through this area. The new intersection will include:  Pedestrian improvements, including Americans with Disabilities Act (ADA) compliant pedestrian ramps with Accessible Pedestrian Signals (APS), durable crosswalk markings and new sidewalks.  Traffic flow improvements, including upgraded traffic signals with improved timing and reconfigured travel lanes to include dedicated left turn lanes at the intersection.  Safety improvements, including a modified right turn lane on Shoreline Drive to discourage speeding and a curb extension on Shoreline Drive at Kelly Avenue to clearly indicate through and turn lanes.  Roadway improvements, including replacing deteriorating curbs and gutters, underground utility lines and pavement substructure 3. Public involvement. In addition to direct outreach to impacted business owners a construction open house was hosted on February 27, 2019. A summary of the event is at Exhibit B. 4. City Involvement. In conjunction with the intersection project the City be replacing the water main and sanitary sewer force main that run under the intersection. COUNCIL ACTION REQUESTED: None- Presentation only Exhibits A. Project overview B. Open House Summary Reference A. https://www.hennepin.us/15and19 Item No.: 15 Date: April 8, 2019 Item Description: Shoreline Drive and Shadywood Road Intersection Improvements Project Presenter: Adam T. Edwards Public Works Director/City Engineer Agenda Section: Presentation Wayzata Boulevard reconstruction Shoreline Drive and Shadywood Road intersection improvements Key features A Curb extension on Shoreline Drive at Kelly Avenue to clearly indicate through and turn lanes B Modified right turn lane on Shoreline Drive to discourage speeding C Dedicated left turn lanes on Shadywood Road to improve traffic flow and reduce confusion Additional features • Upgraded traffic signal systems with improved timing • Americans with Disabilities Act (ADA) compliant ramps with Accessible Pedestrian Signals (APS) • Updated curbs and gutter • Updated utilities • New sidewalks and roadway pavement Lunds & Byerlys Culvers Shoreline Drive S h a d y w o o d R o a d S h a d y w o o d R o a d Shoreline Drive A B C K e l l y A v e n u e C 32-225-01-19_CR_15-19_ShorelineDr-ShadywoodRd_boards_36x24in_V3.indd 2 2/25/19 11:49 AM Shoreline Drive and Shadywood Road intersection improvements Four Five Six SevenOneTwoThree Stages Scale 0'50 ' Lunds & Byerlys Culvers Shoreline Drive S h a d y w o o d R o a d S h a d y w o o d R o a d Shoreline Drive K e l l y A v e n u e Tentative project timeline and access • Anticipated to begin after July 4, 2019 • Completed in seven stages • Length of stages vary depending on work begin completed • Project expected to take four months to complete, weather permitting • Access will be maintained for through traffic and to local businesses • There will be turning restrictions • Detour routes will be provided 32-225-01-19_CR_15-19_ShorelineDr-ShadywoodRd_boards_36x24in_V3.indd 3 2/25/19 11:49 AM Wayzata Boulevard reconstruction Shoreline Drive and Shadywood Road intersection improvements Typical construction process 1 Pavement removal 5 Curb and gutter installation 2 Storm sewer replacement 6 Asphalt paving 3 Watermain replacement 7 Sidewalk and trail replacement 4 Soil replacement and grading 8 Final paving and striping 32-225-01-19_CR_15-19_ShorelineDr-ShadywoodRd_boards_36x24in_V3.indd 4 2/25/19 11:49 AM Hennepin County Transportation Project Delivery Public Works Facility, 1600 Prairie Drive, Medina, MN 55340 612-596-0300 | hennepin.us Shoreline Drive/Shadywood Rd Public Open House Summary Date: February 27, 2019 From 5:00 PM to 7:00 PM Location: Navarre Fire Station 3770 Shoreline Drive Orono, Mn The purpose of the open house was to provide the public information on the upcoming safety improvement project at the intersection of CSAH 15 (Shoreline Drive) and CSAH 19 (Shadywood Road) in Orono. This summary is a combination of materials presented and input received from the public at the open house. 1. Attendance a. Approximately 50 residents showed up to the meeting and 32 residents signed in for the Public Open House Meeting (sign-in attached at end of this document) b. Hennepin County Staff present: • Amanda Shotton • Nick Kim • Ryan Allers c. City Council Member Richard Crosby d. City Mayor Dennis Walsh 2. Verbal Comments a. Most residents appreciated the added safety features to the intersection and were happy to see the project happening at the intersection. b. Residents asked if a roundabout was considered and it was. However, it was determined to not be feasible. The reason behind the roundabout being dismissed was due to cost and lack of space available to place in a roundabout without having major impacts to businesses at the intersection. c. Residents asked about moving driveways to businesses, specifically the entrance to Lunds from Shoreline Drive to Kelly Avenue. County staff worked with Lunds and the City of Orono on this option. However, it was dismissed due to the steepness (grade difference) between the Lunds’ parking lot and Kelly Avenue and moving the access off Kelly Avenue will introduce more conflicts with delivery vehicles and with pedestrians walking into the store. 2 of 3 d. Concerns were brought up about this project overlapping with a nearby project in the area (Metropolitan Council’s Mound Area Interceptor Improvements Project on County Road 44 in Mound). With the federal funding the County received for the Shoreline Drive and Shadywood Road intersection project, the County is required to construct the project in 2019 or risk losing the federal funding for the project. e. Mayor Dennis Walsh requested the County consider placing a right turn lane for the westbound to northbound movement. A right turn lane can provide a positive operational improvement however this project is a safety improvement project and the federal dollars provided for the project are intended for safety improvements. The addition of the westbound to northbound right turn lane was not identified in the funding application and therefore if added to the project it may jeopardize the federal dollars provided for the project. County staff looked at the traffic and noted during the peak hours of the day only 30-35 cars make this turn which amounts to 1 car every 2 minutes and this movement the lowest volume turn during the PM peak hour. Another issue with placing a right turn lane is additional right of way is required to fit in a properly designed turn lane with adequate width and length and would require the purchase of property from the Culvers/Holiday service station. The right of way required for the right turn lane would result in the loss of parking spaces at the Culvers/Holiday service station. Based on the additional right of way needed and low volume of right turning traffic the westbound to northbound right turn lane was not included in the project. f. One resident asked why Shadywood south of Shoreline Drive is a 40 mph road and north of Shoreline Drive is 30 mph. The County response was the speeds are set based on the 85th percentile speed drivers are traveling at on the roadway. g. One resident made note of biking along Shadywood Rd and with the restriping to a 3- lane configuration (from the current 4 lane) shoulders will be provided for use by cyclists. h. One resident wanted the project team to consider providing a concrete semi-circle in the northeast quadrant of the intersection. The resident was looking for benches or short wall for people to sit on and want it to be more a of pedestrian realm to help calm traffic at the intersection. This is an item that is not included in the project as no budget is available. i. One resident was looking for motorist yield to pedestrian signing at the free right turns. These signs will not be included in the project but if this becomes an issue after the project is completed this can be something the County can address at that time. j. Residents were also asking about upcoming bridge projects and if the work will result in closures. County staff told residents go to the specific bridge project website for the most current information. k. One resident was unhappy with the removal of the free right for the eastbound to southbound as they were concerned about the slowing down traffic. The County 3 of 3 response is this project is looking to improve the safety for all users which includes slowing vehicle traffic down to make things safer for pedestrians and cyclists. 3. Written Comments a. Most written comments received to date are regarding the Lunds access (addressed above) and consideration of a roundabout (addressed above). 4. Exhibit Material a. Exhibit Boards Displaying • Welcome Greeting • Key features of the Project • Tentative project staging • Typical project construction process b. Plots of project layout c. Sign in sheet d. Comment forms e. Project flyer for the public to take with them AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR 1. Purpose. This application is regarding a variance in order construct an 18’x8’ addition on the rear of the existing home within the rear setback. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on February 20. Therefore the 60-Day review period has been extended and will expire on June 20, 2019. 3. Background/ Summary. The applicant is requesting a rear yard setback variance to construct an 18’x 8’ addition resulting in a setback from the rear lot line of approximately 1.2 inches. The existing hardcover level is 42.9%; the proposed addition will be constructed over an existing patio. No new hardcover is proposed. Due to the change in the nature of the nonconforming hardcover, an expansion from non-building to building, a hardcover variance is required. It is not known when this patio was installed. Hennepin County Regional Rail Authority is the property owner to the rear. Their comments are included as Exhibit D. Both staff and the property owner have discussed this project with Jessica Galatz, the HCRRA representative. Ms. Galatz indicated that the applicant’s agreement to remove the shed encroachment, the applicant’s changes to the plans in response to Roger Peitso’s comments help to alleviate their concerns with the application. Additionally, Ms. Galatz indicated that the proposed grading for the addition and future home maintenance can be accommodated through temporary access permits. 4. Planning Commission Vote and Comment. On March 18, 2019, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 4 to 2 in favor of a motion to approve the requested variances. 5. Public Comment. Comments were received and are attached as Exhibit D. 6. Staff Recommendation. Staff does not support the variance reducing the rear yard setback from 7.4 feet to 0.1 feet. In staff’s view, the burden of proof to present practical difficulties to support that level of variance has not been met. COUNCIL ACTION REQUESTED The Council should make a motion directing staff to draft a resolution for approval or provide findings for a denial resolution to be reviewed and adopted at the April 22nd meeting. Exhibits A. Proposed Plans B. 60-day Extension C. Draft PC Minutes D. Public Comment E. Architect Response F. PC Staff Report Item No.: 16 Date: April 8, 2019 Item Description: LA19-000011, Julie Lensing, 3349 Crystal Bay Rd, Variances Presenter: Melanie Curtis, Planner Agenda Section: Planning Department Report AGENDA ITEM Prepared By: mcc Reviewed By: J. Barnhart Approved By: DJR References PC Exhibits 03/18/19 Exhibit A. Application Summary & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Comments Received Exhibit G. Neighbor Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map PDF created with pdfFactory trial version www.pdffactory.com 16070 310683368 56 6 8 2868 24 4 0 24 4 0 26 6 8 3 0 6 8 30 6 8 24 6 8 3368 28 1 6 28 1 6 EXIST BATH 8'8 x 5' EXIST HALL 7'1 x 12'1 EXIST GARAGE 24'3 x 24'6 EXIST UTILITY 6'5 x 12'5 ENLARGED WORKSHOP 9'11 x 20'5 verify existing deck framing and attach joist/beam modifications to new wall as needed using PT 2x ledger and 1/2" dia lag screws, 16" o.c. install 11 7/8" LVL rim joist, this wall only (as header) install 2 high windows exist exist = hidden object or object to be removed = new wall = exist wall existing stairways and landings to remain RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com existing overhead door existing joists (cantilevered) exist wall above (STOOP ABOVE) basement floor plan plan north prelim 1-30-19 sheet A1 of 9 scale is 1/4"=1'-0" when printed on 11x17 sheet size 3349 Crystal Bay Road, Orono 55391 addition to the Julie Lensing Residence gas meter water meter elec meter furnace water softener = new furred wall exist floor joists install 11 7/8" i-joists, series 230, 16" o.c. remove wall (no beam required)HVAC risers above exist exist exist x FOUNDATION LAYOUT NOTE: These dimensions depict a 2" offset from face of foundation to face of framing above. There will be 2" exterior rigid insualtion (R10) and 1" interior rigid insulation (R5) between 2x2 furring strips. X X install squash block under point load ("x") install squash block under point load ("x") see section for conc footing and wall UP UP UP UP UP 8' 2 2'10 17'8 7' 1 0 2' 1 7' 3 3' 2 3' 2 1' 1 1 2' 1 6' 4 24 ' 6 6' 6 1'114'22'1 2'16'115'8'1 32'9 2'9 2'1 1'8 3'9 2' 4'7 30 6 8 21030 30 3 0 30 3 0 2668 1842 3830 3830 3830 2668 26 6 8 31068 56 6 8 8068 6068 1842 2442 2668 3 3 4 2668 28 6 8 4 28 6 8 4 3 3 24 6 8 18 4 0 28 6 4 08 6 8 3 3 30 5 0 30 5 0 MASTER BDRM 11'1 x 11'11 HIS CLOSET 8'4 x 2' VANITY AREA 9'7 x 5'5 HER CLOSET 4'6 x 6'5 LAUNDRY w/ accordian door 6'1 x 3' SHWR 3'7 x 7'6 WC 3'2 x 5'5 barn door glass door & fixed panels install a 3 ply 11 7/8" x 14' flush LVL beam w/ 2 studs under each end (at each "x") HALL EXIST DECK OK to furr wall if add'l insulation is necessay for plumbing PKT install 11 7/8" i-joists, 230 series, 16" o.c. X X base & uppers, optional sink reduce existing deck size and relocate stairs PKT exist 7'-10" vanity HVAC risers exist wdw X Crystal Bay Road, Orono 55391 3349 addition to the Julie Lensing Residence scale is 1/4"=1'-0" when printed on 11x17 sheet size plan north first floor plan A2 of 9 sheet prelim 1-30-19 EXISTING CLOSET existing windows wall below EXIST KITCHEN EXIST DINING EXISTING LIVING EXISTING STOOP X existing scissors trusses above existing floor joists, 11 7/8" I-joists, 16" o.c. exist floor above RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com increase r.o. from 4' door to 8' door closet organizer TBD closet organizer TBD built-in bench tall cabt robe & towel hooks = exist wall = new wall = hidden object or object to be removed exist door exist c.o., remove door fill in r.o. exist floor joists exist floor joists new r.o. for new window, install 2 ply 2x8 header exist wdw DN DN UP DN 18' 2' 5 8' 2'1 1'9 5'11 4'4'3 3'9 2' 1 2' 2'9 2'16'115'4'4 3' 8' 6 2020 3044 30 4 4 1444 30443044 2668 30 4 4 24 6 8 24 6 8 51168 2668 26 6 8 20 2 0 50 6 8 60 6 8 BATH 5'8 x 6'8 LOFT & STAIR 11'10 x 15'11 E BEDROOM 11'1 x 14'2 NEW HALL 2'9 x 6'8 W BEDROOM 11'1 x 15'11 VANITY 5'2 x 11'5 OPEN to BELOW 15'11 x 12'3 GRANDKID'S BUNKROOM 17' x 7'6 exist install knotty pine walls and ceiling remodel walk-in closet into wall closet rod & shelf XX = hidden object or object to be removed = new wall = exist wall install scissors roof trusses, 24" o.c. remove two windows install 3 ply 7 1/4" (x 6') dropped LVL w/ 2 studs under each end (at each "x") existing girder truss existing roof trusses egress windows exist wall below second floor plan A3 of 9 sheet prelim 1-30-19 Crystal Bay Road, Orono 55391 3349 addition to the Julie Lensing Residence eye- brow roof below plan north scale is 1/4"=1'-0" when printed on 11x17 sheet size RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com queen size 5' dresser exist railing exist exist exist exist exist exist exist exist existDN 2'8 7'5 3'2 7'5 8' 6 8' 2' 2'9 41 ' 4 2' 20 ' 3 2' 6 16 ' 7 18' 3' new ridge new valleynew valley new roof new roof roof plan prelim 1-30-19 sheet of 9 A4 addition to the Julie Lensing Residence 3349 Crystal Bay Road, Orono 55391 exist existing slope existing slope existing slope existing slope plan north scale is 1/4"=1'-0" when printed on 11x17 sheet size existing valley to remain existing valley to remain existing ridge to remain exist ridge exist existing chimney framing RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com existing slope probable girder truss existing ridge existing ridge new fascia to match exist new shingles to match exist new siding to match exist new siding to match exist new foundation wall and footing rear yard grade new shingles to match exist existing stone existing stone existing siding existing siding existing and proposed mean ht elev 944.8 elev 935.8 existing N-S ridge ht existing E-W ridge front (north) elevation scale is 1/4"=1'-0" when printed on 11x17 sheet size prelim 1-30-19 sheet A5 of 9 addition to the Julie Lensing Residence Crystal Bay Road, Orono 55391 3349 new post and footing RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com exist asphalt shingles exist asphalt shingles exist asphalt shingles existing siding existing siding existing siding UP 4' 6 4' 6 30 ' 7 5' 5 5' 5 1'-0" asphalt shingles existing siding A6 of 9 sheet Crystal Bay Road, Orono 55391 3349 prelim 1-30-19 addition to the Julie Lensing Residence scale is 1/4"=1'-0" when printed on 11x17 sheet size right (west) elevation house corner elev 935.8 existing siding asphalt shingles existing siding RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com existing siding existing siding existing door new siding to match exist modified deck, see floor plan new foundation wall and footing new roof structure and shingles to match exist existing siding create dainage swale to divert stormwater around house 1'-0" verify10 12 sheet no of 9 prelim 1-30-19pm A7 east elevation new windows and well exposed foundation exposed foundation approx grade RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com scale is 1/4"=1'-0" when printed on 11x17 sheet size Crystal Bay Road, Orono 55391 3349 addition to the Julie Lensing Residence existing sidingnew siding new structure and roofing new foundation insulation protection material existing windows existing siding new window of 9 match exist 10 12 existing wall beyond new window new window 2'-0" existing roofing new sidingexisting siding sheet no A8RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com scale is 1/4"=1'-0" when printed on 11x17 sheet size Crystal Bay Road, Orono 55391 3349 south elevation prelim 1-30-19 addition to the Julie Lensing Residence approx grade new foundation new well insulation protection material exposed foundation existing deck, modified, reduced, relocated stairs new windowsexist window exist door UP 42 4 2 WINDOW NOTE: Verify make and model req'd to match exist. Max U value = 0.32. Vendor to provide all required tempered glass, fall protection, egress hdwe, etc. R21 rim joist insulation 5/8" drywall 5/8" drywall 3/4" subfloor 5/8" drywall NEW BASEMENT PT 2x8 sill plate, overhanging foundation wall 2" cover above grade portion of insulation w/ rolled FRP (NUDO Groundbreaker or equal) 4" granular fill 2x2 furring strips, 16" o.c., w/ R5 rigid insulation between, cover w/ 1/2" drywall 2" (R10) rigid insulation 12" concrete block, verify courses to match exist, verfy mod or non-mod ht 20" x 10" conc footing w/ 2 #5s, cont 1'-0" over- hang prelim 1-30-19 sheet A9 of 9 addition to the Julie Lensing Residence 3349 Crystal Bay Road, Orono 55391 RichardGrohArchitects.com cell 612-554-9772 email groh2r@aol.com cross section exist 10/12 slope, verifymatch exist truss heel height 8'-1 1/8" verify, top of subfloor to top of wall 3/4" subfloor 11 7/8" I-joists, 16" o.c. 9'-1 1/8" verify, top of subfloor to top of wall existing subfloor existing floor joists R21 rim joist insulation EXISTING 1st FLOOR EXISTING BASEMENT scale is 1/4"=1'-0" when printed on 11x17 sheet size vapor retarder film R38 insulation if it is not reduced anywhere in addition's attic roof vents at rate per code asphalt shingles #15 felt tunnel chutes ice & water shield 1x8 fascia, verify, match exist continuous soffit vents 3/8" cedar plywood soffit, verify, match exist lap siding to match exist housewrap 1/2" wall sheathing 2x6 studs, 16" o.c. R21 insulation vapor retarder film 1/2" drywall approx grade EXISTING 2nd FLOOR 11 7/8" I-joists, 16" o.c. install flush beam, see 1st floor plan install flush beam, see 2nd floor plan roof trusses, 24" o.c. layover hand-framing, 16" o.c. remove wall portion, see basement plan exist conc slab3 1/2" conc slab EXISTING GARAGE stairs beyond approx grade 22 March 2019 Julie Lensing 3349 Crystal Bay Rd Wayzata, MN 55391 Via Email: lensingjulie@gmail.com SUBJECT: 60-Day Extension / Application Review Timing Zoning Application #LA19-000011 On February 20th, the City of Orono received your application for variances for property at 3349 Crystal Bay Road; the 60-day review timing would expire on April 21st. However, due to the timing of final City Council review, and meeting timing, the City hereby notifies you that it is extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). This is a routine extension. The review time period is now hereby extended until June 20, 2019. Your application is still scheduled for the City Council’s initial review on April 8th with final review on April 25th as planned. Please contact me with any questions at 952.249.4627 or mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORONO Melanie Curtis Planner MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ 5. LA18-000011 JULIE LENSING, 3349 CRYSTAL BAY ROAD, VARIANCES, 7:13 P.M. – 7:38 P.M. Julie Lensing, Applicant, was present. Curtis noted the pink line on the survey depicts the property line. Curtis stated the applicant is requesting a rear yard setback variance in order to construct an 18’ x 8’ addition on the rear of the existing home. Although hardcover is not being added, because the property exceeds 25 percent hardcover and the proposal involves an expansion from non-building to building hardcover, a hardcover variance is also required. The lot is nonconforming with respect to area and width. Staff finds practical difficulties inherent with the size, shape, and location of Crystal Bay Road as well as with the lake which may justify granting variances allowing the addition. As with other lots on Crystal Bay Road, in evaluating lot area and hardcover, the square footage of the improved drive lane of Crystal Bay Road is not included. The applicant’s existing home is about 38 feet deep. The applicant is requesting a rear yard setback variance to construct an 18’ x 8’ addition resulting in a setback from the rear lot line of approximately 1.2 inches. The property’s 118 feet of depth is challenging, particularly due to the fact that the 75-foot and average lake setbacks and the 30-foot rear yard setback nearly overlap. The required setbacks result in a 5-foot deep building envelope. The proposed 0.1-foot setback poses additional challenges regarding construction, the building code, fire codes, as well as the logistics of working within the adjacent property owned by the Hennepin County Regional Rail Authority. There is an existing shed encroaching on HCRRA’s property. The HCRRA representative has indicated that removal/relocation of the applicant’s existing shed which encroaches on the HCRRA property may alleviate their concerns about further encroachments should the variance be approved. Relocation of the shed to a location within the property boundaries would likely require setback and hardcover variances. If grading is to occur on their property, a permit from HCRRA would be required. The existing hardcover level is 42.9 percent. The addition is proposed to be constructed over an existing patio. No new hardcover is proposed. Due to the change in the nature of the nonconforming hardcover, an expansion from non-building to building, a hardcover variance is required. If the variance is approved, adjustments to the building plans are necessary, specifically to the gutters, roof, eaves and foundation, which the architect has indicated could be accomplished. Staff does not support the variance reducing the rear yard variance from 7.4 feet to 0.1 feet. If the Planning Commission supports the variance, Staff would add the following to the record: The proposed setback of 1.2 inches does not account for the need of the homeowners’ access around the home for maintenance without trespassing on the HCRRA property. Permitting requirements should be complied with. Staff finds the hardcover variance to be reasonable considering the practical difficulties affecting the property. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ The Commission should review the plans regarding the rear yard setback. The applicant did receive a supportive comment from the neighbor to the east. The aerial photo reflects a play structure that is no longer there but the shed is still there. Curtis displayed the first floor and second floor house plans and elevation views. The plans would be adjusted in conformance with the architect’s notes and building official’s comments. Thiesse asked if the applicant will obtain an easement or a permit for the grading. Curtis indicated the applicant will need to obtain that permitting but she is not aware if an easement is required. Thiesse noted Staff has recommended personal access around the building. Curtis stated that was to alleviate Staff’s concerns with maintaining the structure. Curtis noted this is not the only tight setback that exists in this area. Libby asked for clarification on the location of the shed. Curtis indicated it is located entirely within the Rail Authority’s property and the shed is not in a highly observed area. There are also a number of other encroachments on the Rail Authority’s property by other property owners. Landgraver noted the neighbors are essentially in the same position with the tight setbacks. Curtis displayed an aerial photograph of the area. Landgraver commented those tight setbacks are critical to his interpretation of this request. Libby noted the City Engineer’s comments make it fairly clear that if any excavation needs to be done, it would require written permission from the Rail Authority. Libby suggested the homeowner do some due diligence on how that encroachment may impact their title in reselling the property. Lemke asked if there is a jog in the property line. Curtis indicated she does not know why it is that way but that there are several jogs in that area that do not make a lot of sense. Lemke stated he was wondering whether that was purchased from the Rail Authority at some point. Julie Lensing, Applicant, stated she appreciates the opportunity to speak about what she would like to do. Lensing indicated she also was curious about the jog in the property line and she was told that many years ago the Rail Authority offered the residents the opportunity to purchase some of the land, which is why that is a funny shape. Lemke asked if that is still available. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Lensing indicated she does not know that. There are some significant areas of concern with the existing house and that the hope is the addition will improve the functionality. The lot makes the options very limiting and in her view this is the best option. Lensing noted currently her laundry room is in the garage and that she needs to bring laundry baskets down one whole flight of stairs and then open and close the garage entry door as well as the laundry room door. This addition would allow the laundry room to be located on the main floor level. In addition, the master bedroom has a very small closet and the addition would allow a small walk-in closet. Between her and her fiancé, they have six children, and they would like to put some bunkbeds on the upper floor to accommodate some of the children when they visit. Lensing indicated she has worked very closely with the Hennepin County Rail Association and the building code inspector. With regard to the encroachment, there is a 5’ x 5’ shed that was there when the property was purchased. Lensing indicated she is willing to remove that. Further, Jessica from the Rail Authority noted that it appears there is currently a shed encroachment on HCRRA’s property adjacent to 3339 Crystal Bay Road and that remedying this encroachment would mitigate their concern about the 0-foot setback clearance. Lensing noted the building official had listed four bullet points on one of the attachments. The architect has stated he will change the plans so these four requirements will be met. Chair Thiesse opened the public hearing at 7:28 p.m. There were no public comments. Chair Thiesse closed the public hearing at 7:28 p.m. Thiesse asked if the basement or foundation level will be two feet shorter and the house itself will cantilever over. Curtis stated that is what the architect is indicating can be done. Ressler stated the biggest issue he is struggling with is going closer to the property line and that he is undecided on the addition as a whole. Ressler stated it is a small house on a small lot but he can see the merits of the addition. Thiesse asked if the City has an obligation to provide room for a person to stay on their property to perform maintenance. Landgraver noted the City decided it was okay on the buffer zone. Landgraver stated when you first look at it, the reaction is no way, because the homeowner cannot maintain their addition without trespassing on somebody else’s property. On a relative basis, it looks like a little bit of a buffer was added in when they sold them the land, but that is also right on the edge of the lot. Overall, for the neighborhood, it does not seem as egregious and the applicant is not asking for something that is radically different from the neighbors. Invariably, however, the neighbor on the left is going to rebuild and they will ask for the same thing. Given the number of homes in the neighborhood that are in a similar situation, he is predisposed to approving it. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, March 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Lemke stated he is in agreement with Commissioner Landgraver and at first he felt the same way with how it didn’t make any sense, but in looking at the practical difficulties and the use of the home, it makes sense. Erickson stated the question is whether the proposed use is reasonable, which puts the Planning Commission in the position of needing to decide if a one-inch setback is reasonable. A one-inch setback has not been necessary for anyone else. Other nearby properties have gotten variances, but they have been five or six-foot variances. Erickson stated with a one-inch setback, they cannot do anything to the house without going on the neighbor’s property and there would not even be room for a fence between the house and the trail. Erickson stated he has a problem with that but he has not figured a way around it. Thiesse noted it is difficult to construct a bunk room less than seven feet. and they only have eight feet. Erickson commented he would encourage the applicant to try to purchase some more land. Thiesse stated an easement would also be an option. Libby stated he was encouraged that the applicant has had an ongoing dialogue with the Rail Authority since that would allow exploration of those two options and that he was impressed by the architect’s idea of the cantilever to accommodate the odd nature of what is being proposed. Removal of the shed has alleviated the concerns with the shed. Libby commented he just does not know, since it is so out of the ordinary and there are other factors in play, whether it should go right up to the edge. The property owner will have to have some very clearly defined permissions from the Rail Authority to maintain that side of the house, and as long as that occurs, he would not have a problem with it. Thiess recommended the applicant speak with the Rail Authority about the easement since the property owner cannot access the back of the house without crossing the property line. Landgraver stated given the other landscaping and structures by the neighbors, the Rail Authority probably is in agreement. Ressler stated without redesigning it himself, the architect could perhaps bring it back to seven feet so there is some room there. Lemke moved to recommend approval of Application No. LA18-000011, Julie Lensing, 3349 Crystal Bay Road as proposed, granting of a hardcover variance and a rear yard setback variance, subject to Staff recommendations. Landgraver stated the proposed setback of 1.2 inches does not account for the homeowner’s need for access without trespassing on HCRRA property. Curtis indicated Staff will follow up with the HCRRA representative and will assist the applicant with the maintenance access. Landgraver seconded. VOTE: Ayes 4, Nays 2, Erickson and Ressler Opposed. From:Adam Edwards To:Melanie Curtis Subject:RE: Grading Review - LA19-000011 / 3349 Crystal Bay Rd Date:Monday, February 25, 2019 2:15:03 PM Melanie, 1. The proposed grading plan depicts grading outside of the subject property. The grading is on Railroad property. The applicant will need permission from the railroad authority for those encroachments. 2. Otherwise the grading seems feasible. Adam From: Melanie Curtis Sent: Monday, February 25, 2019 1:51 PM To: Adam Edwards <aedwards@ci.orono.mn.us> Subject: Grading Review - LA19-000011 / 3349 Crystal Bay Rd Adam Please review the attached plan to construct an addition (basement + two floors) to the home right up to the rear lot line. I’m also reaching out to HCRRA to see if they have any comments. I’m looking for comments from you that would alter the overall plan at this stage only; will go to PC on March 18th. You’ll get another go at Building Permit time. Comments by/before March 11th please. Thank you. Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK. From:Roger Peitso To:Melanie Curtis Subject:RE: Grading Review - LA19-000011 / 3349 Crystal Bay Rd Date:Tuesday, March 12, 2019 9:35:30 AM Melanie, I have completed a review of the documents provided and these are my comments: 1.No portion of the structure can be built across the property line. This would include, roof, gutters, eaves, overhangs, footings, foundation, foundation drainage system, walls, cantilever’s of any sort, siding or any architectural features or building systems used in construction. 2.With the type of construction systems shown in the proposed plans the footings shall be a minimum 1 foot from the property line because of the drainage system that is required per Code section R405 of the 2015 Minnesota Residential Building Code around the exterior of the foundation at the bottom level of the footings. 3.Per item #2. The result would be the walls of the structure would be at least 1.5 feet from the property line if constructed as shown. 4.No excavation across the property line can be conducted without express written permission of the Railroad Authority. Thanks, Roger From: Melanie Curtis Sent: Wednesday, March 06, 2019 3:18 PM To: Roger Peitso <rpeitso@ci.orono.mn.us> Subject: FW: Grading Review - LA19-000011 / 3349 Crystal Bay Rd At your earliest convenience, please provide written comments to me on this project (see attached). It will be on the planning commission’s March 18th agenda. Melanie Curtis (952.249.4627 *mcurtis@ci.orono.mn.us All permitting is now done through our new online portal - LINK. From:Jessica M Galatz To:Melanie Curtis Subject:RE: [External] Setback Variances for 3349 Crystal Bay Rd, Orono / File #LA19-000011 Date:Tuesday, March 5, 2019 8:27:15 AM Thank you for letting us know about the variance application. The Hennepin County Regional Railroad Authority’s (HCRRA’s) practice is to oppose requests for zero-foot setback variances adjacent to its property as zero-foot setbacks do not allow property owners to maintain their property without encroaching onto public land. It appears there is currently a shed encroachment on HCRRA’s right of way adjacent to 3349 Crystal Bay Road. Remedy of this encroachment would mitigate our concern about the zero-foot setback variance. It is my understanding that the city has already required the proposed roof overhang to be revised. This is encouraging as roof drainage onto the public property would be undesirable. The property owner may contact HCRRA directly to obtain a permit for the proposed grading shown on their survey. Please feel free to contact me directly if we should discuss more. Thank you. Jessica Galatz Principal Planning Analyst Hennepin County Regional Railroad Authority (HCRRA) 701 Fourth Avenue South, Suite 400 Minneapolis, MN 55415-1843 612-348-2691 (office) jessica.galatz@hennepin.us From: HCRRAmail/Hennepin <hcrra@hennepin.us> Sent: Monday, February 25, 2019 4:23 PM To: Jessica M Galatz <Jessica.Galatz@hennepin.us> Subject: FW: [External] Setback Variances for 3349 Crystal Bay Rd, Orono / File #LA19-000011 Good afternoon Jessica: This e-mail was sent to the HCRRA mailbox February 25. Sincerely,Joseph ScalaCommunity Works | Hennepin County Public Works 701 4th Avenue S, Suite 400 | Minneapolis, MN 55415-1843612-543-0501 | joseph.scala@hennepin.us Building long-term value through housing, transit, jobs and placemaking From: Melanie Curtis <MCurtis@ci.orono.mn.us> Sent: Monday, February 25, 2019 1:56 PM To: HCRRAmail/Hennepin <hcrra@hennepin.us> Subject: [External] Setback Variances for 3349 Crystal Bay Rd, Orono / File #LA19-000011 Hello, The City of Orono received a variance application to permit construction of an addition (basement + two floors) to the existing home at 3349 Crystal Bay Road, right up to the rear lot line. I have attached the proposed survey as well as the building plans for your review. I’m requesting comments from you on this request for our public hearing. This application will before our Planning Commission on March 18th. If you have comments, please provide them to me by/before March 11th. Let me know if you have any questions. Thank you, Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK. ***CAUTION: This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** Disclaimer: If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 40 Years of Experience with 4000 Years of History  RICHARD GROH ARCHITECTS 315 East 50th Street, Minneapolis, MN 55419  Email groh2r@aol.com  Cell (612) 554-9772 RichardGrohArchitects.com  homeadvisor.com/rated.RichardGrohArchitects.11479811.html  March 15, 2019 Roger Peitso Melanie Curtis Adam Edwards City of Orono Re: Addition to the Julie Lensing Residence Dear Sirs/Madam, Julie Lensing, my client, has asked that I provide you with a statement regarding the property line setback of her home’s proposed addition. I will be able to adjust my drawings so that the south/rear wall of the addition’s foundation will be moved from its currently drawn position to a new position that is 1’-6” farther north, reducing the current 7’-10” dimension to 6’-4”. The first floor and second floor rear wall locations will reduce by 4” to avoid wall and roof construction materials from overhanging the property line. The structural system of the addition will be adjusted to accommodate a 1’-2” cantilever between the foundation wall and the first floor wall. Sincerely, Richard Groh 3-15-19 Richard G. Groh, Licensed Architect date Date Application Received: 02/20/19 Date Application Considered as Complete: 02/20/19 60-Day Review Period Expires: 04/21/19 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 18 March 2019 Subject: #LA19-000011, Julie Lensing, 3349 Crystal Bay Rd, Variances Public Hearing Background The applicant is requesting rear yard setback variance in order construct an 18’x8’ addition on the rear of the existing home. Although hardcover is not being added, because the property exceeds 25% hardcover and the proposal involves an expansion from non-building to building hardcover, a hardcover variance is also required. The lot is nonconforming with respect to area and width. LOT ANALYSIS WORKSHEET Section 78-350 & 78-1279 - Setbacks: LR-1C Required Existing Proposed Front 30’ from Crystal Bay Road 27’ 27’ Rear 30’ 8.2’ 0.1’ (1.2 inches) NE Side 7.5’ 10.8’ 7.8’ SW Side 7.5’ 9.8’ 9.8’ Lakeshore 75’ 41’ (front deck stair) 69.2’ (house) No Change Average Lakeshore The existing home encroaches approximately 7 feet into the average lakeshore setback; the proposed addition will not impact the average lakeshore setback. Application Summary: The applicant is requesting a rear yard setback and a hardcover variance in order to construct an 18’x 8’ addition to the rear of the home. Staff Recommendation: See Page 5. FILE # LA19-000011 18 March 2019 Page 2 of 6 Section 78- 350 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100’ Actual 5,152 s.f. (0 acre)* 33’ @ 75’ / 33’ @ OHWL *As with other lots on Crystal Bay Road, in evaluating lot area and hardcover, we ignore the square footage of the improved drive lane of Crystal Bay Road, in this case 1,028 square feet of Crystal Bay Road. Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 5,152 s.f. (0.13 acre) Allowed: 2,000 s.f. Proposed: 1,233.5 s.f. Section 78-1680 and 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 1 5,152* s.f. 1,288 s.f. (25 %) 2,200 s.f. (42.9%) 920.7s.f. w/in 75 foot SB 2,200 s.f. (42.9%) 920.7 s.f. w/in 75 foot SB Note: The hardcover calculations reported above have been adjusted to reflect the level after subtracting excludable hardcover. Applicable Regulations: Rear Yard Setback Variance (Section 78-350) The applicant’s existing home is about 38 feet deep; she is requesting a rear yard setback variance to construct an 18’x 8’ addition resulting in a setback from the rear lot line of approximately 1.2 inches. The property’s ±118 feet of depth is challenging, particularly due to fact that the 75-foot and average lake setbacks; and the 30-foot rear yard setback nearly overlap. The required setbacks result in a 5 foot deep building envelope. The proposed 0.1 foot setback poses additional challenges regarding construction, the building code, fire codes, as well as the logistics of working within the adjacent property owned by the Hennepin County Regional Rail Authority (HCRRA). Included within Exhibit G are comments from the City’s Engineer, Building Official, and the rear neighbor HCRAA. Resident neighbor comments are also attached as Exhibit H. Hardcover Variances (Sections 78-1700) The existing hardcover level is 42.9%; the addition is proposed to be constructed over an existing patio. No new hardcover is proposed. Due to the change in the nature of the nonconforming hardcover, an expansion from non-building to building, a hardcover variance is required. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and FILE # LA19-000011 18 March 2019 Page 3 of 6 anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The small lot includes difficulties resulting from its small size and width, and proximity to the lake and the trail property to the rear. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The Planning Commission should discuss whether the addition, establishing a 1.2 inch setback, is in harmony with the intent and purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The use of the property is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of an addition to the home on the substandard lot, within the rear yard setback, may be somewhat reasonable as the property’s reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties. However the project should not adversely impact adjacent properties, and should conform to the building code. A 1.2 inch rear yard setback does not seem reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, its location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The existing/proposed hardcover level is unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. FILE # LA19-000011 18 March 2019 Page 4 of 6 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residence is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and setback with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood. This substandard size appears to support a variance, but not a 28.8 foot reduction of the rear yard setback. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and setback with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood. See notes below. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The use of the property for a single family residence is the right of the property owner. The desire to expand is not a property right. Granting rear yard setback and hardcover variances would be necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting rear yard setback and hardcover variances in this unique situation is not contrary to the intent of the zoning chapter, though the amount of reduction may be. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances are necessary as the property has considerable practical difficulties affecting development. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties inherent to the size, shape, and location of the roadway and the lake affecting the property which may justify granting variances allowing the addition. Most lots along Crystal Bay Road are non-conforming as to size and width and most lots have received variances to develop. The need for variances is fairly well established by the standards above. However, what reduction of setback is appropriate, and what level of development is too much for the lot and the neighborhood? Between 3405 and 3315 Crystal Bay Road (these addresses are accessed via, and are impacted by, the unplatted road) the smallest rear yard setbacks are 5, 6, 6.4, 7.4, and 7.5 feet. This variance, if approved, would in essence negate any rear yard setback. FILE # LA19-000011 18 March 2019 Page 5 of 6 The variance process allows for reasonable development of properties that are unique and that can demonstrate a practical difficulty. Engineer Comments The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at the time of building permit. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff does not support the variance reducing the rear yard setback from 7.4 feet to 0.1 feet. In staff’s view, the burden of proof to present practical difficulties to support that level of variance has not been met. If the Planning Commission supports a variance, staff adds the following to the record: The proposed setback of 1.2 inches does not account for the need of the homeowner access around the home for maintenance without trespassing on the HCRRA property. Please read the comments from the City Engineer, Building Official and Ms. Galatz from HCRRA which are included. The HCRRA representative provided comments and has indicated that a permit is required for the grading shown on the HCRRA property. She has also indicated that removal/relocation of the applicant’s existing shed which encroaches on the HCRRA property may alleviate their concerns about further encroachments should the variance be approved. Relocation of the shed to a location within the property boundaries would likely require setback and hardcover variances. The planning commission should discuss this shed with the applicant. According to Building Official Roger Peitso’s comments, adjustments to the building plans may be necessary if the planning commission finds justification for variance approval. Specifically, adjustments to the roof, eaves, gutters, and foundation. Staff recommends the building plans be adjusted to meet the requirements outlined by the Building Official. Staff finds the hardcover variance request to be reasonable considering the practical difficulties affecting the property. The planning commission should review the plans and evaluate the practical difficulty criteria regarding the rear yard setback and make a recommendation regarding the setback variance. List of Exhibits Exhibit A. Application Summary & Narrative Exhibit B. Practical Difficulties Documentation Form FILE # LA19-000011 18 March 2019 Page 6 of 6 Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Comments Received Exhibit G. Neighbor Comments Exhibit H. Aerial Photos Exhibit I. Property Owners List Exhibit J. Plat Map