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04-09-2018 Council Packet
Agenda for Council Meeting Set for Monday, April 9, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 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. Council Meeting Minutes of March 20, 2018 2. Council Work Session Minutes of March 20, 2018 3. Claims/Bills 4. Approval of 2018 Rental Licenses 5. Authorization for Disposal of Firearms 6. Back Up Generators for Lift Stations #5 (351 West Lake Street) and #9 (1550 Bohns Point Road) 7. Golf Course Clubhouse Deck 8. Generator Maintenance Contract 9. Appointment of 2018 Seasonal Employees 10. Big Island Donation — Materials and Labor for Visitor Center 11. 2018 Joint Use Dock License Renewals — Resolutions 12. LAI 8-000013 — Nathan VanCamp, 601 Minnetonka Highland Lane, Variance — Resolution 13. LAI 8-000015 — Michael Jones, 3186 North Shore Drive, Variance — Resolution 14. LAI 8-000016 — Dale Gustafson o/b/o Erik Nafstad, 1370 Cherry Place, Variance — Resolution 15. LAI 8-000019 — Mark Williams o/b/o Mary and Mark Enger, 2697 Casco Point Road, Variances — Resolution 16. LA18-000020 — Kuhl Design o/b/o Anders Myhran, 2280 Fox Street, Conditional Use Permit — Resolution 17. Local 49 Collective Bargaining Agreement Memorandum of Understanding 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. HRA Annual Meeting (8:00 p.m.) Presentation 18. Planning Commission Recognition — Resolutions Planning Department's Report 19. LAI 8-000022 — George Stickney o/b/o Judson Dayton, 825 Old Crystal Bay Road South, Preliminary Plat (Topside) — Resolution Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Agenda for Council Meeting Set for Monday, April 9, 2018, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 20. LAI 8-000023 — City of Orono, Amend Article XI of the City Code related to wetlands and wetland setbacks 21. Consideration of Petition Concerning a Portion of Bracketts Point Road 22. Planning Commission Alternates Mayor/Council Report City Administrator's Report 23. Letter Addressing Street Improvement Districts 24. Support for Metropolitan Council Reform - Resolution City Attorney's Report Adjournment Upcoming Events 2018 04-16-18 Planning Commission Meeting, Monday, 6:30 p.m. (Wendy Dankey) 04-18-18 Open Book Meeting, Wednesday 4:00 p.m. 04-23-18 City Council Work Session, Monday, 5:00 p.m. 04-23-18 City Council Meeting, Monday, 7:00 p.m. 04-28-18 Combined One -Day Spring Cleanup, Saturday, 8:00 a.m. — 2:00 p.m. 05-07-18 Park Commission Meeting, Monday, 6:30 p.m. 05-10-18 Comprehensive Plan Open House, Thursday, 5:30 p.m. 05-14-18 City Council Meeting, Monday, 7:00 p.m. 05-21-18 Planning Commission Meeting, Monday, 6:30 p.m. (Dennis Walsh) 05-28-18 Memorial Day, City Offices Closed 05-29-18 City Council Work Session, Tuesday, 5:00 p.m. 05-29-18 City Council Meeting, Tuesday, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, March 20, 2018 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Dennis Walsh, City Council Members Richard Crosby, III, Wendy Dankey, Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, and Recorder Jackie Young. Mayor Walsh called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA CONSENT AGENDA 1. CITY COUNCIL MEETING MINUTES OF MARCH 12, 2018 2. CLAIMS/BILLS Crosby moved, Seals seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS None PLANNING DEPARTMENT REPORT 3. APPOINT PLANNING COMMISSIONERS Barnhart noted at the work session earlier this evening the City Council interviewed five candidates and that the City Council should appoint three regular commissioners and two alternates. Mayor Walsh noted the City received applications for the vacancies on the Planning Commission from John Ressler, Dennis Libby, James Seals, Mark McCuthen, and Bob Erickson. Walsh stated all five candidates are very capable citizens that want to serve the community and that the City Council will be appointing three Planning Commission members to start at the April 16 meeting as well as two alternates. Seals stated all the candidates were great and is a reflection of the awesome community they live in, but that she will be abstaining from the vote since she is married to one of the candidates. Printup agreed that all the candidates were great but that he has concerns with the public perception of appointing James Seals when his wife is on the City Council. Printup stated in his view James Seals and Mark McCutchen would make great alternates. Printup commented he likes Mr. Erickson and his longevity and activism in the community as well as his knowledge and experience with the Planning Commission. Printup stated Dennis Libby and Ressler also have longevity in the community. Printup stated he was born and raised in this area and that he tends to lean toward people who have the same type of history. Page 1 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, March 20, 2018 7:00 o'clock p.m. PLANNING DEPARTMENT REPORT — Continued Printup moved, Crosby seconded, to appoint Mark McCutchen and James Seals as alternates to the Orono Planning Commission and to appoint Bob Erickson, Dennis Libby, and John Ressler each to a three-year term on the Orono Planning Commission. Crosby stated all the candidates were outstanding and have a passion to serve the community. Crosby stated his decision not to appoint James Seals to a regular commissioner position has more to do with public perception than anything else and that he is extremely well qualified and will still have ample opportunity to serve the community as an alterate. Dankey stated her top candidate was James Seals and that she would prefer he be appointed to a regular commissioner position but that having him as an alternate is a good option. Dankey stated she also felt Mark McCutchen would be a very good Planning Commissioner and that she would prefer he be in the mix as one of the three regular commissioners. Walsh noted Dennis Libby had commented it was because of the change and recent makeup of the City Council that caused him to have more interest in serving on the Planning Commission. Walsh noted Orono has had trouble in the past recruiting people to apply for the Planning Commission but that an environment has been created where people want to be involved in doing lots of positive things. VOTE: Ayes 3, Nays 1, Seals Abstained. MAYOR/COUNCIL REPORT Dankey stated she is thankful it has been a quieter week and that it is time for spring break. Crosby commented he is looking forward to getting away on spring break. Seals commended the Orono hockey team for their great win at the state tournament. Printup thanked all the applicants that applied to the Planning Commission. Walsh reported there was a Big Island Steering Committee last week and that they are looking at various improvements that can be made to the park. Walsh noted the City recently hired a golf course and park superintendent who will be paying more attention to the parks. Walsh stated the City has issued 280 permits for Lurton Dog Park already this year and that they had issued 500 last year. Walsh reported there was also a police commission meeting a couple of weeks ago and that the police cars will now be equipped with Narcan so they will be prepared for any drug overdoses. Walsh stated it is all about protecting the Orono community and citizens. CITY ADMINISTRATOR'S REPORT Rief stated the police department did have an incident in Mound where the officers had to use the Narcan and that those officers will be publicly recognized in the near future. Page 2 of 3 MINUTES OF THE ORONO CITY COUNCIL MEETING Tuesday, March 20, 2018 7:00 o'clock p.m. CITY ATTORNEY'S REPORT None ADJOURNMENT Crosby moved, Printup seconded, to adjourn the Orono City Council meeting at 7:15 p.m. VOTE: Ayes 5, Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 3 of 3 Minutes of the Orono City Council Work Session Tuesday, March 20, 2018 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, and Wendy Dankey, Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief and Development Director Jeremy Barnhart. Meeting Start Time: 5:00 p.m. 1. Planning Commission Interviews Planning Commissioner Candidates were interviewed by City Council Members. 2. Purchasing and Land Acquisition Policy Discussion This item was not discussed at the Work Session. 3. Met Council Overreach Discussion Council Member Aaron Printup introduced the Met Council Overreach item. He mentioned that a couple years earlier the City Council had discussed joining up with a coalition made up of other cities and counties to work towards a reform of the Metropolitan Council. Through consensus of the City Council, a resolution supporting the Met Council Reform will be presented at the April 9th regular Council meeting. 4. Street Improvement District Discussion Printup introduced the Street Improvement District item. In April 2013, City Council approved a letter of support for enabling legislation to authorize cities the ability to establish street improvement districts to fund municipal street maintenance, construction and reconstruction was approved. Printup mentioned that the League of Minnesota Cities mentioned that it is once more being moved through legislation. There was discussion regarding if there was a need to have street improvement districts in Orono. Through consensus of the City Council a letter of non-support of Street Improvement Districts will be presented at the April 9th regular meeting. Meeting End Time: 6:55 p.m. Minutes of the Orono City Council Work Session Tuesday, March 20, 2018 Council Chambers 5:00 p.m. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: Item Description: Claims/Bills Date: April 9, 2018 Presenter: Ron Olson, Agenda Consent Agenda Finance Director Section: 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 109259 to 109353, totaling $383,769.86. 3. Noteworthy Payments. Vendor Amount Description of Payment #109302 League of MN Cities $104,466.00 Payment for the first half the Comprehensive Municipal Liability and Excess Liability Insurance. #109318 MTI Distributing $43,375.69 Payment for a new fairway mower purchased for the Golf Course. #109273 BRS Enterprises $5,231.12 Payment for the waterproofing of the basement of the Golf Course Clubhouse. 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 Exhibit A. Check Register Prepared By: wje Reviewed By: *IU` Approved By: JS)�6Z City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount ADVANCED IMAGING SOLUTIO 04/09/2018 109266 353955651 101-41900-413 CH Copier Lease 3/20/18-4/20/18 Central Services 1,795.86 ADVANCED IMAGING SOLUTIO 04/09/2018 109266 353982820 101-42110-413 Police Copier 3/20/18 - 4/20/18 Police Department 345.40 Total 109266: 2,141.26 ALLEN MERRILL 04/09/2018 109267 040418 101-22205 LA18-000001 1161 Elmwood Avenue 700.00 Total 109267: 700.00 ALLSTREAM 04/09/2018 109268 15248237 101-42110-321 Phone service Police Department 302.20 ALLSTREAM 04/09/2018 109268 15248237 101-41900-321 Phone Service Central Services 423.08 ALLSTREAM 04/09/2018 109268 15248237 601-49400-321 Phone Service Water 70.51 ALLSTREAM 04/09/2018 109268 15248237 602-49450-321 Phone Service Sewer 211.55 Total 109268: 1,007.34 ANOKA COUNTY SHERIFF'S OF 03/22/2018 109128 022618 101-42110-437 Dynamics of Officer/Citizen Encounters Training Police Department 109.00 - Total 109128: 109.00 - APPRIZE TECHNOLOGY SOLUT 04/09/2018 109269 15895 101-41900-319 Administrative Fee 04/18 Central Services 408.50 Total 109269: 408.50 ASPEN EQUIPMENT 04/09/2018 109270 10188400 701-49800-402 Unit 424 Tire Chain Bubber Guide Wheel Replacem 129.43 Total 109270: 129.43 BRAUN INTERTEC 04/09/2018 109271 B124465 402-48055-304 Old Crystal Bay Rd Project - MSA OCB Road Reconstruction 4,770.00 Total 109271: 4,770.00 BRAVO PROTECTION PRODUC 04/09/2018 109272 11239 101-42110-402 Tint Windows on New DTF Vehicle #841 Police Department 140.00 Total 109272: 140.00 BRS ENTERPRISES LLC 04/09/2018 109273 1242 101-45210-404 Golf Course Clubhouse basement waterproofing ma Golf Course 5,231.12 Total 109273: 5.231.12 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Payee Check Issue Date Check Number Invoice Invoice GL Account Number BUDGET PRINTING 04/09/2018 109274 6833 101-41900-201 Total 109274: BUREAU OF GRIM. APPREHEN 04/09/2018 109275 0000046950 101-42110-311 Total 109275: BUSINESS ESSENTIALS 04/09/2018 109276 WO -367913- 101-41900-20' BUSINESS ESSENTIALS 04/09/2018 109276 WO -367913- 101-41900-20' Total 109276 CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON CAMPBELLKNUTSON Total 109277 04/09/2018 109277 022018 1 101-43280-307 04/09/2018 109277 022018 1 101-43280-307 04/09/2018 109277 0220181 101-43280-307 04/09/2018 109277 022018-1 101-43280-304 04/09/2018 109277 022818-1 101-43280-307 04/09/2018 109277 1 101-43280-307 04/09/2018 109277 135 101-42110-307 04/09/2018 109277 14 101-41600-307 04/09/2018 109277 146 101-41600-307 04/09/2018 109277 146 101-41600-307 04/09/2018 109277 146 101-41600-307 04/09/2018 109277 146 101-41600-307 04/09/2018 109277 22018-1 101-41600-307 04/09/2018 109277 2717-201G-6 101-41600-307 04/09/2018 109277 2717-472G-8 601-49400-307 04/09/2018 109277 2717-542G-1 101-43280-307 04/09/2018 109277 2717-800G-3 101-42400-307 04/09/2018 109277 2717-801G-3 101-41600-307 04/09/2018 109277 2717-802G-3 101-42400-307 04/09/2018 109277 2717-803G-2 101-41600-307 04/09/2018 109277 8 601-49400-307 04/09/2018 109277 8 602-49450-307 04/09/2018 109277 8 651-49910-307 04/09/2018 109277 80 101-41600-307 Description PC Members Recognition of Sry CJDN Access Fee Office Supplies Office Supplies 18-4002 - 2745 Kelley 18-3997 - 1300 Bracketts Point 18-3994 - 3635 Togo Road 18-3993 - 684 Tonkawa 18-3992 - 3155 Casco Point 17-3983 2618 Casco Point Police Matters 2/2018 Johnson/Feldshow Matter Union Issues Data Practices Banners Issue General legal Review 02/18 18-4000 - 1335 Arbor Street Misc Recordings 2/2018 Chlorine Release 18-3998 - 1400 Bracketts Point Staff Meetings 2/2018 Council Meetings 2/2018 B&Z Assistance 2/2018 Ordinances Review 2/2018 Utility Easements Utility Easements Utility Easements 1386 Rest Point Department Central Services Police Department Central Services Central Services Special Services Special Services Special Services Special Services Special Services Special Services Police Department Law/Legal Services Law/Legal Services Law/Legal Services Law/Legal Services Law/Legal Services Law/Legal Services Law/Legal Services Water Special Services Building & Zoning Law/Legal Services Building & Zoning Law/Legal Services Water Sewer Storm Water Law/Legal Services Invoice Amount 180.00 510.00 516.50 coo 00 100.00 75.00 100.00 75.00 75.00 50.00 139.50 245.50 558.00 248.00 263.50 491.38 75.00 516.95 1,689.50 75.00 821.50 992.00 521.50 1,658.50 221.83 221.83 221.84 734.08 City of Orono Check Register - COUNCIL REPORT Page: 3 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Payee CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE CARDMEMBER SERVICE Total 109278 CECE S SIGNS CECE S SIGNS Total 109279 CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN CENTERPOINT ENERGY MAIN Total 109280 CENTURY LINK CENTURY LINK Total 108747 CENTURY LINK Total 109281 CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO CHUNKS LAKESHORE AUTO Check Check Invoice Invoice GL Account Issue Date Number Number Police Department 04/09/2018 109278 0022118 101-41300-439 04/09/2018 109278 0022818 101-45210-433 04/09/2018 109278 021618 101-41300-319 04/09/2018 109278 030618 101-41300-439 04/09/2018 109278 031518 101-42110-439 04/09/2018 109278 22618 101-41110-439 04/09/2018 109278 31918 101-45200-225 04/09/2018 109278 DLIMN20003 101-42400-437 04/09/2018 109279 7662 04/09/2018 109279 7664 04/09/2018 109280 0418 04/09/2018 109280 0418 04/09/2018 109280 0418 04/09/2018 109280 0418 04/09/2018 109280 0418 602-49450-406 701-49800-402 601-49400-381 602-49450-381 101-41900-381 101-42110-381 101-45210-381 04/05/2018 108747 9524717766 601-49400-321 04/05/2018 108747 9524731909 101-45210-321 04/09/2018 109281 31918 04/09/2018 109282 0015484 04/09/2018 109282 0015485 04/09/2018 109282 0015493 04/09/2018 109282 0015498 04/09/2018 109282 0015499 04/09/2018 109282 0015510 04/09/2018 109282 0015513 101-45210-321 101-42110-402 101-42110-402 101-42110-402 101-42110-402 101-42110-402 101-42110-402 101-42110-402 Description Lunch meeting w/ contracted building inspectors Administration Department MGCSA Membership Golf Course Gov360 Performance Review for City Administrator Administration Lunch meeting w/ Mayor Walsh & Councilman Cros Administration Equipment for Xerxes Police Department Worksession food 2-26-18 Mayor & Council Trail Camera, Mound, Lock for Big Island Park Secu Parks Training - Building Officials Building & Zoning GS#2 and LS#9 2 Decals Set graphics for Truck#427 2/17-3/20 Service 2/17-3/20 Service 2/17-3/20 Service 2/17-3/20 Service 2/17-3/20 Service Internet Water Plant 12/4 - 1/3 GC phone/internet 12/19/-1/18 GC phone/internet 3/19-4/18/18 #239 service #240 service #243 service #841 service #244 Service #243 service #249 service Sewer Water Sewer Central Services Police Department Golf Course Water Golf Course Golf Course Police Department Police Department Police Department Police Department Police Department Police Department Police Department Invoice Amount 36.56 150.00 150.00 7.80 607.62 36.74 438.94 1,512.66 100.00 85.00 185.00 796.39 560.83 1,256.25 411.98 190.22 3,215.67 96.82- 201.44- 298.26- 202.19 623.95 61.32 348.77 353.92 64.30 357.75 43.16 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CHUNKS LAKESHORE AUTO 04/09/2018 109282 0015517 101-42110-402 #246 Service Police Department 139.02 CHUNKS LAKESHORE AUTO 04/09/2018 109282 0015525 101-42110-402 #242 Service Police Department 43.16 Total 109282: 2,035.35 CINTAS CORPORATION 04/09/2018 109283 4003954290 101-43000-226 Uniforms Public Works Department 64.32 CINTAS CORPORATION 04/09/2018 109283 4004504904 101-43000-226 Uniforms Public Works Department 64.32 CINTAS CORPORATION 04/09/2018 109283 4004534997 101-41900-401 Mats/Air Service - City Hall Central Services 21.92 Total 109283: 150.56 CITY OF ORONO PETTY CASH 04/09/2018 109284 040218 101-10305 2018 GC Change Fund 300.00 Total 109284: 300.00 CITY OF ST PAUL 04/09/2018 109285 IN00027496 101-42110-437 training Police Department 537.00 Total 109285: 537.00 CIVIC SYSTEMS LLC 04/09/2018 109286 CVC16518 101-41900-416 MiPay 4/1-6/30/18 Central Services 225.00 Total 109286: 225.00 COMMAND PRESENCE TRAIN[ 03/21/2018 109259 032118 101-42110-437 Dynamics of Officer/Citizens Encounters Training Police Department 109.00 Total 109259: 109.00 CONTINENTAL RESEARCH CO 04/09/2018 109287 462238 -CRC 101-41900-223 Odor Block for City Hall & Public Works Central Services 287.00 CONTINENTAL RESEARCH CO 04/09/2018 109287 462238 -CRC 101-41900-223 Odor Block for City Hall & Public Works Central Services 222.00 Total 109287: 509.00 CUMMINS NPOWER LLC 04/09/2018 109288 E4-8386 602-49450-406 Repair Generator LS 414 Task 16188 Sewer 1,341.42 Total 109288: 1,341.42 David Goman 04/09/2018 109289 040318 101-43000-226 Safety Boots Public Works Department 200.00 Total 109289: 200.00 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount DELTA DENTAL 04/09/2018 109290 7226965 101-15998 003722072- April 2018- Dental 539.00 DELTA DENTAL 04/09/2018 109290 7226965 101-21709 003722072- April 2018- Dental 2,603.50 Total 109290: 3,142.50 DPC INDUSTRIES 04/09/2018 109291 827000333-1 601-49400-216 Chlorine & Cleaner Water 1,033.00 Total 109291: 1,033.00 ECM PUBLISHERS INC 04/09/2018 109292 581569 435-48973-352 PMF - 2018 Streets 262.08 ECM PUBLISHERS INC 04/09/2018 109292 581570 402-48058-352 MSA- Leaf Street 272.98 ECM PUBLISHERS INC 04/09/2018 109292 581571 101-41900-352 Ord -203 Central Services 59.60 ECM PUBLISHERS INC 04/09/2018 109292 581572 101-41900-352 Ordinance 204 Central Services 667.52 ECM PUBLISHERS INC 04/09/2018 109292 583630 101-41900-352 CC/PC Work Session 4-9-18 Central Services 29.80 ECM PUBLISHERS INC 04/09/2018 109292 583631 101-41900-352 HRA (2018) Meeting 4-9-18 Central Services 29.80 ECM PUBLISHERS INC 04/09/2018 109292 585979 101-42400-340 PC Work Session 4-16-18 Building & Zoning 53.64 Total 109292: 1,375.42 FASTENAL 04/09/2018 109293 MNPLY1010 101-45210-221 Stainless Washers Golf Irrigation Golf Course 11.28 Total 109293: 11.28 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-395825 701-49800-221 Fuses - Unit 708, 452 5.99 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-395898 701-49800-221 Shop Supplies 35.86 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-396091 101-42110-402 Squad #841 Supply Police Department 18.58 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-396208 701-49800-221 Unit 210 Oil Filter 5.94 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-396252 701-49800-221 Unit 210 Repair Rear Brakes 19.98 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-396474 701-49800-221 Shop Supplies 6.55 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-396621 701-49800-221 Replacement Light Bulb for Unit 713 Vactor 4.94 GENUINE PARTS COMPANY/NA 04/09/2018 109294 3270-397287 701-49800-221 Unit 713 Brake Replacement Task 16706 272.47 Total 109294: 370.31 HORIZON CONTRACTORS INC 04/09/2018 109295 1150PINEVIE 101-32530 1150 Pine View - Refund 1,074.75 Total 109295: 1,074.75 HOTSYMINNESOTA.COM 04/09/2018 109296 58813 651-49910-402 Repair Portable Pressure Washer Storm Water 253.10 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 3/21/2018 - 4/9/2018 Page: 6 Apr 05, 2018 01:27PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109296: 253.10 JACKIE YOUNG 04/09/2018 109297 032718 101-41300-319 CC Meeting 3/12/18 Administration 250.00 JACKIE YOUNG 04/09/2018 109297 032718 101-42400-319 PC Meeting 3/18 Building & Zoning 190.00 JACKIE YOUNG 04/09/2018 109297 032718 101-45200-319 Park Meeting 3/18 Parks 165.00 Total 109297: 605.00 KELLY HANSON 04/09/2018 109298 040418 101-22205 #17-3975 1284 WILDHURST TRAIL 700.00 Total 109298: 700.00 KENNETH N POTTS PA 04/09/2018 109299 031518 231-45650-307 Forfeit 2007 Hyundai - W. Hebert 343.50 Total 109299: 343.50 L-3 COMMUNICATIONS 04/09/2018 109300 0314174 -IN 101-42110-550 EMA Software Solution 8/28/17-8/27/18 Police Department 494.00 Total 109300: 494.00 LANO EQUIPMENT 04/09/2018 109301 03-549085 701-49800-403 repair wiring on bobcat 110.94 LANO EQUIPMENT 04/09/2018 109301 03-549774 701-49800-403 repair Coupling Unit 452 29.68 Total 109301: 140.62 LEAGUE OF MN CITIES 04/09/2018 109302 10003335-03 703-49960-361 comp municipal liability 68,251.00 LEAGUE OF MN CITIES 04/09/2018 109302 10003335-03 703-49960-362 Excess Liability 35,639.00 LEAGUE OF MN CITIES 04/09/2018 109302 10003335-03 101-45210-369 Liquor Liability Golf Course 576.00 Total 109302: 104,466.00 LOGIS 04/09/2018 109303 45029 101-42110-401 Live Scan Settings Police Department 60.00 LOGIS 04/09/2018 109303 45059 101-42110-310 Police Records 2/18 Police Department 6,917.00 LOGIS 04/09/2018 109303 45059 101-42110-329 Internet 2/18 Police Department 205.50 LOGIS 04/09/2018 109303 45059 101-41900-329 Internet 2/18 Central Services 205.50 LOGIS 04/09/2018 109303 45059 101-41900-329 Backups 2/18 Central Services 917.00 Total 109303: 8.305.00 City of Orono Check Register - COUNCIL REPORT Page: 7 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 2.38 LONG LAKE TRUE VALUE 04/09/2018 109304 B447519 701-49800-221 Bolts for 427 LONG LAKE TRUE VALUE 04/09/2018 109304 B447634 101-43000-221 Micro Meter Repair LONG LAKE TRUE VALUE 04/09/2018 109304 B447836 101-43000-224 Sign Supplies LONG LAKE TRUE VALUE 04/09/2018 109304 B448814 701-49800-221 Unit 424 Step Repair LONG LAKE TRUE VALUE 04/09/2018 109304 B449470 101-43000-224 Nuts & Bolts Total 109304: MACQUEEN EQUIPMENT 04/09/2018 109305 P11385 602-49450-402 Truck #713 repairs Total 109305: MALWAREBYTES 04/09/2018 109306 INV -7408 101-42110-416 Malwarebytes 03/14/18-3/13/19 MALWAREBYTES 04/09/2018 109306 INV -7408 101-41900-416 Malwarebytes 03/14/18-3/13/19 Total 109306: MANSFIELD OIL COMPANY 04/09/2018 109307 20663201 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 04/09/2018 109307 20663202 701-49800-212 Diesel Fuel MANSFIELD OIL COMPANY 04/09/2018 109307 20680888 101-42110-212 Unleaded Fuel MANSFIELD OIL COMPANY 04/09/2018 109307 20680889 701-49800-212 Diesel Fuel MANSFIELD OIL COMPANY 04/09/2018 109307 20680892 101-42110-212 Unleaded Fuel Total 109307: MARGARET UNG 04/09/2018 109308 032018 101-41500-331 Mileage 3/9-3/30 Total 109308: MATT SILTALA 04/09/2018 109309 032918 101-42110-402 Vehicle Repair Total 109309: MET COUNCIL ENVIRONMENTA 04/09/2018 109310 0001080921 602-49450-383 Wastewater Charges 5/2018 Total 109310: METRO WEST INSPECTIONS S 04/09/2018 109311 1441 101-42400-310 Inspection Services Feb 2018 Department Invoice Central Services Amount 2.38 Public Works Department 8.99 Public Works Department 10.58 Police Department 17.44 Public Works Department 13.33 Sewer Police Department 772.57 Central Services 772.57 1,545.14 Police Department 2,621.04 647.47 Police Department 2,910.66 463.67 Police Department 1,585.05 Finance Department Police Department Sewer 39,434.77 39,434.77 Building & Zoning 7,791.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 3/21/2018 - 4/9/2018 Check Check Invoice Invoice GL Account Description Department Payee Issue Date Number Number Total 109311 METROPOLITAN COUNCIL 03/21/2018 109260 FEB2018 101-20809 2/2018 SAC Charges METROPOLITAN COUNCIL 03/21/2018 109260 FEB2018 101-39610 2/2018 SAC Charges METROPOLITAN COUNCIL 03/21/2018 109260 JAN2018 101-20809 1/2018 SAC Charges Total 109260: P65539 MINNESOTA EQUIPMENT 04/09/2018 109314 P65585 MHSRC/Range 04/09/2018 109312 629430-6227 101-42110-437 EVOC Law Enforcement Trg-Vargas, Fischer Police Department MHSRC/Range 04/09/2018 109312 629430-6242 101-42110-437 EVOC Law Enforcement Trg-Szczepanik & Russeth Police Department Total 109312: MINNEAPOLIS OXYGEN COMPA 04/09/2018 109313 00022344 MINNEAPOLIS OXYGEN COMPA 04/09/2018 109313 00022345 MINNEAPOLIS OXYGEN COMPA 04/09/2018 109313 00022346 Total 109313 MINNESOTA EQUIPMENT 04/09/2018 109314 MULTIPLE MINNESOTA EQUIPMENT 04/09/2018 109314 OVERPD MINNESOTA EQUIPMENT 04/09/2018 109314 P65538 MINNESOTA EQUIPMENT 04/09/2018 109314 P65538 MINNESOTA EQUIPMENT 04/09/2018 109314 P65539 MINNESOTA EQUIPMENT 04/09/2018 109314 P65585 MINNESOTA EQUIPMENT 04/09/2018 109314 P65616 MINNESOTA EQUIPMENT 04/09/2018 109314 P65616 MINNESOTA EQUIPMENT 04/09/2018 109314 P65616 MINNESOTA EQUIPMENT 04/09/2018 109314 P65616 MINNESOTA EQUIPMENT 04/09/2018 109314 P65616 MINNESOTA EQUIPMENT 04/09/2018 109314 P65672 Total 109314: MINUTEMAN PRESS 04/09/2018 109315 21652 MINUTEMAN PRESS 04/09/2018 109315 21653 Total 109315 101-43000-415 oxygen & acetylene 101-42110-221 oxygen 101-42110-221 oxygen 101-39640 Carryforward Credit- 8/13/14-5/26/17 701-49800-403 Credit - Adj/Overpd 101-45200-221 Pole Saw Shard - Parks 101-43000-221 Pole Saw Shard - Streets 101-45210-221 John Deere 1600 Parts 101-45210-221 John Deere 455 Parts 101-45200-225 Parks Backpack Blower 101-45210-240 Golf Backpack Blower 101-45200-225 Parks Pruner & Chains 101-45210-240 Golf Pruner & Chains 101-43000-240 Streets Pruner & Chains 701-49800-221 Repair Pole Chainsaw 101-41900-352 Spring Newsletter 101-41900-352 Newsletter Postage Public Works Department Police Department Police Department Parks Public Works Department Golf Course Golf Course Parks Golf Course Parks Golf Course Public Works Department Central Services Central Services Page: 8 Apr 05, 2018 01:27PM Invoice Amount 7,791.00 7,455.00 74.55- 47,215.00 54,595.45 830.00 830.00 1,660.00 24.36 30.74 15.47 721.07- 42.90- 13.87 13.86 124.73 141.83 221.23 221.23 203.87 203.87 203.87 41.74 COC AO 2,256.44 761.60 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount MN CHIEF OF POLICE ASSN 04/09/2018 109316 8270 101-42110-437 Conf reg -ETI Reg 2017 K Beck Police Department 595.00 Total 109316: 595.00 MN DEPT OF LABOR & INDUST 03/21/2018 109261 DEC2017 101-20802 DECEMBER0531702017 Surcharge 12,780.20 MN DEPT OF LABOR & INDUST 03/21/2018 109261 DEC2017 101-39610 DECEMBER0531702017 Surcharge 511.21 - MN DEPT OF LABOR & INDUST 03/21/2018 109261 JUNE2017 101-20802 JUNE0531702017 Surcharge 5,359.15 MN DEPT OF LABOR & INDUST 03/21/2018 109261 JUNE2017 101-39610 JUNE0531702017 Surcharge 214.37 - MN DEPT OF LABOR & INDUST 03/21/2018 109261 SEP2017 101-20802 SEPTEMBER0531702017 Surcharge 11,546.28 MN DEPT OF LABOR & INDUST 03/21/2018 109261 SEP2017 101-39610 SEPTEMBER0531702017 Surcharge 461.85 - Total 109261: 28,498.20 MN DEPT OF REVENUE -WIRE 03/21/2018 109262 022818 101-34650 Sales Tax 2/2018 6.00 MN DEPT OF REVENUE -WIRE 03/21/2018 109262 022818 601-39610 Sales Tax 2/2018 79.00 MN DEPT OF REVENUE -WIRE 03/21/2018 109262 022818 101-37990 Sales Tax 2/2018 13.00 Total 109262: 98.00 MOUND TRUE VALUE 04/09/2018 109317 150758 101-42110-403 AED Sent in for Repair Police Department 30.75 MOUND TRUE VALUE 04/09/2018 109317 150868 101-42110-221 Squad Maintenance Police Department 12.47 MOUND TRUE VALUE 04/09/2018 109317 150898 101-42110-221 Vacuum for PD2 Police Department 75.98 MOUND TRUE VALUE 04/09/2018 109317 150933 101-42110-221 Storage strap, utility knife blade, lightbulbs Police Department 25.96 Total 109317: 145.16 MTI DISTRIBUTING INC 04/09/2018 109318 1154161-00 405-48500-580 Golf Course Fairway Mower 43,350.70 MTI DISTRIBUTING INC 04/09/2018 109318 1156143-00 101-45210-403 Ball Washer Parts Golf Course 24.99 Total 109318: 43,375.69 NAVARRE HARDWARE 04/09/2018 109319 308846 101-45210-221 Golf Key Copies Golf Course 40.82 NAVARRE HARDWARE 04/09/2018 109319 308855 101-43000-240 Tong/Plier Public Works Department 6.97 Total 109319: 47.79 NCPERS MINNESOTA 04/09/2018 109320 0418 101-21710 Pera life 04/2018 224.00 Total 109320: 224.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Department Invoice Amount Public Works Department 47.24 Administration Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number NEWEGG INC 04/09/2018 109321 1301181916 101-43000-221 PW Camera Batter Total 109321: NOLA DICKHAUSEN 04/09/2018 109322 040518 101-41300-331 Council Meeting - Subway NOLA DICKHAUSEN 04/09/2018 109322 040518 101-41300-331 Step To It Kick -Off Total 109322: NOVA COMMUNICATIONS 04/09/2018 109323 121361 101-42110-221 New Phone for PD NOVA COMMUNICATIONS 04/09/2018 109323 121434 101-42110-221 Phone Set Up Total 109323: OFFICE DEPOT 04/09/2018 109324 11031702600 101-42110-201 Binders OFFICE DEPOT 04/09/2018 109324 11543910900 101-41900-201 Office Supplies OFFICE DEPOT 04/09/2018 109324 11803687500 101-42110-221 Office Supplies OFFICE DEPOT 04/09/2018 109324 11995768100 101-42110-201 Office Supplies OFFICE DEPOT 04/09/2018 109324 11995808600 101-42110-201 Office Supplies Total 109324: PIRTEK 04/09/2018 109325 S2664405.00 701-49800-402 Hydraulic Hose Repair Total 109325: PLEAA 04/09/2018 109326 022018 101-42110-433 2018 membership- H. Ghelen PLEAA 04/09/2018 109326 022018-1 101-42110-433 2018 membership- K. Herzog PLEAA 04/09/2018 109326 022018-2 101-42110-433 2018 membership -J. Warder Total 109326: R.D. & Associates Specialized Ser 04/09/2018 109327 103328 101-45210-404 Golf Course Stump Removal Total 109327: RANDYS ENVIRONMENTAL SER 04/09/2018 109328 031918 101-41900-404 Garbage Service RANDYS ENVIRONMENTAL SER 04/09/2018 109328 031918 101-45200-404 Garbage Service Department Invoice Amount Public Works Department 47.24 Administration 3.27 Administration 24.80 Police Department 28.07 Police Department 200.00 Police Department 120.00 Police Department 3.12 Central Services 69.44 Police Department 111.35 Police Department 62.13 Police Department 25.25 271.29 244.24 Police Department 35.00 Police Department 35.00 Police Department 35.00 105.00 Golf Course 1,008.75 Central Services 316.22 Parks 402.88 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 3/21/2018 - 4/9/2018 Page: 11 Apr 05, 2018 01:27PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 109328: 719.10 REGENTS OF THE UNIV OF MIN 04/09/2018 109329 SOILSCE 101-42400-437 2018 Onsite Sewage Treatment Program Building & Zoning 240.00 Total 109329: 240.00 ROB HOWELLS 04/09/2018 109330 32218 614-49840-319 Meeting Videography 1/18-3/18 Cable Franchise 840.00 Total 109330: 840.00 ROBERT WIENS 04/09/2018 109331 022118 101-22205 #2017-00926 1425 Bay Ridge Road 700.00 Total 109331: 700.00 STAR TRIBUNE 04/09/2018 109332 1913693-031 101-41300-208 4/5/18-7/5/18 - Subscription Acct 1913693 Administration 53.30 Total 109332: 53.30 STEPHEN STURM 04/09/2018 109333 032918 101-42110-437 Masters Program Police Department 2,500.00 Total 109333: 2,500.00 STIX SPORTSWEAR 04/09/2018 109334 68957 101-43000-226 Safety Apparel - Brandon & Jason Public Works Department 211.00 Total 109334: 211.00 SUN LIFE FINANCIAL 04/09/2018 109335 040118 101-21710 Life Ins-April/2018 1,079.65 SUN LIFE FINANCIAL 04/09/2018 109335 040118 101-15998 Life Ins-April/2018 127.00 SUN LIFE FINANCIAL 04/09/2018 109335 0418STD 101-21714 STD-April/2018 695.85 Total 109335: 1,902.50 TALLEN AND BAERTSCHI 04/09/2018 109336 032018 101-41600-306 Prosecution Services -03/2018 Law/Legal Services 3,611.19 Total 109336: 3,611.19 TEAM LABORATORY CHEMICAL 04/09/2018 109337 INV0010092 602-49450-227 Super Bugs Sewer 509.75 TEAM LABORATORY CHEMICAL 04/09/2018 109337 INV0010092 101-45200-223 Bugs Away Parks 83.75 City of Orono Check Register - COUNCIL REPORT Page: 12 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Department Invoice Amount 593.50 10,000.00 10,000.00 212.32 212.32 1,275.00 1,275.00 Water Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Sewer 541.73 Storm Water 541.72 1,181.95 Central Services 1,435.50 Total 109337: 1,039.50 THE BROADWAY GROUP 04/09/2018 109338 040418 101-22205 #13-3637 2350 Watertown Road, Oliver Hill Total 109338: THE HOME DEPOT 04/09/2018 109339 031618 701-49800-224 Shop Supplies Total 109339: THE LINCOLN GROUP INC 04/09/2018 109340 040418 101-22205 LA18-000018 1003 Wildhurst Trail Total 109340: TITAN MACHINERY 04/09/2018 109341 10616704 G 701-49800-221 Key for#429 Loader Total 109341: TRAVIS DEJONG 04/09/2018 109342 040418 101-22205 #17-3986 1270 Wildhurst Trail Total 109342: TRI CITY LAB 04/09/2018 109343 1800057 601-49400-489 water testing Total 109343: UNITED STATES POSTAL SERVI 04/02/2018 109264 32918 101-41900-322 1st Class Presort Total 109264: UNITED STATES POSTAL SERVI 04/05/2018 109265 04052018 601-49400-322 1st Qtr Utility Bills UNITED STATES POSTAL SERVI 04/05/2018 109265 04052018 602-49450-322 1st Qtr Utility Bills UNITED STATES POSTAL SERVI 04/05/2018 109265 04052018 651-49910-322 list Qtr Utility Bills Total 109265: VANGUARD CLEANING SYSTE 04/09/2018 109344 58443 101-41900-407 Janitorial service VANGUARD CLEANING SYSTE 04/09/2018 109344 58443 101-42110-407 Janitorial service Department Invoice Amount 593.50 10,000.00 10,000.00 212.32 212.32 1,275.00 1,275.00 Water 31.50 31.50 Central Services 225.00 225.00 Water 98.50 Sewer 541.73 Storm Water 541.72 1,181.95 Central Services 1,435.50 Police Department 1,039.50 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 3/21/2018 - 4/9/2018 Page: 13 Apr 05, 2018 01:27PM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 109344: 2,475.00 VARNER MOBILE SERVICES LL 04/09/2018 109345 6295 701-49800-402 Annual Dot Truck, Trailer Inspections 1,655.93 Total 109345: 1,655.93 VERIZON WIRELESS 04/09/2018 109346 9802990361 101-42110-321 Cell Phones 03/7-4/6/18 Police Department 2,015.59 VERIZON WIRELESS 04/09/2018 109346 9804131638 601-49400-321 Cell Phones 2/28/18-3/23/18 Water 36.36 VERIZON WIRELESS 04/09/2018 109346 9804131638 602-49450-321 Cell Phones 2/28/18-3/23/18 Sewer 36.36 VERIZON WIRELESS 04/09/2018 109346 9804131638 101-43000-321 Cell Phones 2/28/18-3/23/18 Public Works Department 36.36 Total 109346: 2,124.67 VESSCOINC 04/09/2018 109347 71863 601-49400-405 supplies Water 27.81 Total 109347: 27.81 VOGSTROM, ERIC 04/09/2018 109348 040418 101-22205 #17-3983 2618 Casco Point Road 700.00 Total 109348: 700.00 WAYZATA BAY CAR WASH 04/09/2018 109349 1285 101-42110-402 Feb/18-Car Wash Police Department 4.28 Total 109349: 4.28 WESTONKA COMMUNITY & CO 04/09/2018 109350 032618 101-42110-433 2018 Annual Dues Police Department 125.00 Total 109350: 125.00 WILLIAMS TOWING 04/09/2018 109351 147836 231-45650-436 tow case #OR18002626 155.00 Total 109351: 155.00 WRIGHT HENNEPIN ELECTRIC 04/09/2018 109352 3502623669 101-43000-386 Electical Service 2/1-3/1/18 Public Works Department 60.02 WRIGHT HENNEPIN ELECTRIC 04/09/2018 109352 3502623669 602-49450-381 Electical Service 2/1-3/1/18 Sewer 241.18 Total 109352: 301.20 ZARNOTH BRUSH WORKS 04/09/2018 109353 0160425 -IN 701-49800-221 Credit Balance 408.00- City of Orono Check Register - COUNCIL REPORT Page: 14 Check Issue Dates: 3/21/2018 - 4/9/2018 Apr 05, 2018 01:27PM Payee ZARNOTH BRUSH WORKS ZARNOTH BRUSH WORKS ZARNOTH BRUSH WORKS Total 109353: Grand Totals: Check Check Invoice Invoice GL Account Description Department Issue Date Number Number 04/09/2018 109353 0168064 -IN 701-49800-221 Replacement Broom for Unit 351 04/09/2018 109353 0168190 -IN 701-49800-221 Repair Parts for Unit 351 04/09/2018 109353 0168210 -IN 701-49800-221 Repair Parts for Broom on Unit 351 Invoice Amount 829.00 74.00 61.00 383,769.86 AGENDA ITEM Item No.: 4 Date: April 9, 2018 Item Description: Approval of Rental Licenses Presenter: Anna Carlson, Agenda Consent Agenda City Clerk Section: 1. Purpose. The purpose of this action item is to approve the Rental Licenses for the license period of April 9, 2018 to December 31, 2019. 2. Background. The City Council Approved the Short Term Rental Ordinance on February 26, 2018. City staff sent 576 letters to property owners with non -homesteaded homes that are located within the city limits of Orono. 210 recipients requested the city to remove there properties from the list and the city received 24 fully completed applications. 3. Staff Recommendation. Staff recommends approval of the rental licenses as listed in Exhibit A for the license period of April 9, 2018 to December 31, 2019. The Rental License Applicants in Exhibit A have submitted all of the requested documents and have met all requirements. COUNCIL ACTION REQUESTED Motion to approve the rental licenses listed in Exhibit A for the license period of April 9, 2018 to December 31, 2019. Exhibits Exhibit A. Listing of Rental Licenses Prepared By: AMC Reviewed By: AMC Approved By: j1V License# Address License Type Total License Fees Amount Paid Balance Due Rental Property Owner: Name RL18-000043 3599 LIVINGSTON AVE Rental License $ 100.00 $ 100.00 $ - Joseph Houghton RL18-000019 2799 PHEASANT RD Rental License $ 100.00 $ 100.00 $ - Pheasant Lawn LLC RL18-000037 2480 WATERTOWN RD Rental License $ 100.00 $ 100.00 $ - RICHARD W WAGMAN RL18-000039 2765 SHADYWOOD RD Rental License $ 100.00 $ 100.00 $ - TMR Property Holdings RL18-000024 1200 LOMA LINDA AVE Rental License $ 100.00 $ 100.00 $ - DONALD R UDELL RL18-000015 2585 SHADYWOOD RD Rental License $ 100.00 $ 100.00 $ - MICHAEL & ASHLEY MAHARAS RL18-000021 3704 LIVINGSTON AVE Rental License $ 100.00 $ 100.00 $ - Justin Swanson RL18-000034 3865 BAYSIDE RD Rental License $ 100.00 $ 100.00 $ - DAVID & KAREN DIANIS RL18-000035 2058 SHORELINE DR Rental License $ 100.00 $ 100.00 $ - JOSEPH M & KAIMAY Y TERRY RL18-000009 755 SPRING HILL RD Rental License $ 100.00 $ 100.00 $ - RL18-000028 4056 NORTH SHORE DR Rental License $ 100.00 $ 100.00 $ - BRETT R ALEXANDER RL18-000023 1925 CONCORDIA ST Rental License $ 100.00 $ 100.00 $ - THOMAS M KONAT RL18-000025 3685 TOGO RD Rental License $ 100.00 $ 100.00 $ - RL18-000006 4445 FOREST LAKE LANDING Rental License $ 100.00 $ 100.00 $ - TIMOTHY LINE & LORIE LINE RL18-000031 1025 LOMA LINDA AVE Rental License $ 100.00 $ 100.00 $ - Lavonne Sorenson RL18-000008 90 MYRTLEWOOD RD Rental License $ 100.00 $ 100.00 $ - KEVIN L THOMPSON RL18-000041 3660 TOGO RD Rental License $ 100.00 $ 100.00 $ - JT CLASSIC HOMES LLC RL18-000004 3713 LIVINGSTON AVE Rental License $ 100.00 $ 100.00 $ - EDWARD R FRANCIS RL18-000030 3513 LYRIC AVE Rental License $ 100.00 $ 100.00 $ - PAUL BOWMAN & BARBARA BOWMAN RL18-000005 780 NORTH ARM DR Rental License $ 100.00 $ 100.00 $ - JEFFREY P CARLSON RL18-000007 165 Bederwood Dr Rental License $ 100.00 $ 100.00 $ - Creekview Farms RL18-000029 3637 TOGO RD Rental License $ 100.00 $ 100.00 $ - DAVID MADGETT RL18-000033 2705 ETHEL AVE Rental License $ 103.00 $ 103.00 $ - LAWRENCE D PILLAR RL18-000032 550 ORONO ORCHARD RD S Rental License $ 100.00 $ 100.00 $ - SANDRA S LARSON Rental License T $ 2,403.00 $ 2,403.00 $ 2,403.00 $ 2,403.00 AGENDA ITEM Item No.: 5 Date: April 9, 2018 Item Description: Authorization for Disposal of Firearms Presenter: Correy Farniok, Agenda Consent Agenda Police Chief Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the disposal of a firearm. 2. Background. Two weeks ago an individual dropped off a firearm that he would like to have destroyed. Orono Public Works will assist us by cutting up the firearm that will be destroyed. 3. Project Scope. Destroy the following firearm. 18-2546 C. Widmer St. Gallant .22 LR lever action rifle 4. Staff Recommendation. I recommend that the firearm listed above be destroyed and authorize staff from Public Works to assist with the destruction of the firearm. COUNCIL ACTION REQUESTED Motion to approve the authorization to destroy the firearm and for Public Works to assist with the destruction and disposal of the firearm. Prepared By: Correy Farniok Reviewed By: -Sb)R Approved By: -TV AGENDA ITEM Item No.: Date: April 9, 2018 Item Description: Back Up Generators for Lift Stations #5 (351 West Lake Street) and #9 (1550 Bohns Point Road) Presenter: Scott Oberaigner Agenda Consent Agenda Public Works Supervisor Section: 1. Purpose. The purpose of this action item is to gain accept the proposal/quotes to procure and install back up generators at Lift Stations #5 and #9. 2. Background. The City has 45 sanitary sewer lift stations and we typically add two permanent generators per year at lift stations that currently don't have a generator. By having permanent generators in-place at lift stations, it provides added security in preventing sewage backups into private homes if there is a power failure. 3. Project Scope. a. LS #5 Generator. This project will provide a 45 kW backup generator for this critical lift station which services the sanitary sewer system north of Stubbs Bay. b. LS#9 Generator. This project will provide a 36kW backup generator for this critical lift station which services the sanitary sewer system in the Bohns Point neighborhood. 4. Cost. The City received 3 quotes for generators and two quotes for the associated electrical work (Automatic Transfer switch). The lowest quote from a qualified contractor for Generators was from Cummins Power Generation. The lowest Quote for electrical installation is from A-1 Electric. Total cost for the contracted portion of both Generator projects is $ 44,812. a. Generator Contractor LS 5 LS9 Total Quote Cummins Power Generation $ 19,566 $ 16,440 $ 36,006 Ziegler Power Systems (CAT) $ 25,640 $ 25,640 $ 51,280 Allied Generators $ 26,575 $ 13,475 $ 39,550 b. Electrical Installation Contractor LS 5 LS 9 Total Quote A-1 Electric Service $ 6,576 $ 2,230 $ 8,806 Gephart Electric $ 9,815 $ 9,658 $19,473 5. Funding. This project will be funded through the Sanitary Sewer Enterprise Fund. The Capital Improvement Plan (CIP) programmed $ 75,000 for each backup generator project. The Sewer Fund balance is projected to be $ 1,797,833 at the end of 2018. 6. Staff Recommendation. I recommend that Council accept the quotes from Cummins Power Generation and A-1 Electric. COUNCIL ACTION REQUESTED Motion to accept the quote in the amount of $ 36,006 from Cummins Power Generation for the provision of and installation of backup Generators at Lift Stations #5 and #9 and of $8,806 from A-1 Electric for electrical installation. Prepared By: SO Reviewed By: 7E Approved By: -TV AGENDA ITEM Item No.: 7 Item Description: Golf Course Clubhouse Deck Date: April 9, 2018 Presenter: Jason Goehring Agenda Consent Agenda Parks and Golf Supervisor Section: 1. Purpose. The purpose of this action item is to gain approval to proceed with the installation of a Deck on the Golf course Clubhouse. 2. Background. The Parks Commission has identified the need for a deck at the golf course. The project was included as part of the 2017 Golf course Master Plan. This project is one of a series of golf course improvements planned for the 2018 construction season. 3. Project Scope. Construct a 900 sq. ft. accessible deck on the south west side of the clubhouse. 4. Cost. The Citv received two auotes listed below. E Contractor Quote Iron River Construction $41,624.49 Above All Construction $44,247.42 Funding. This project will be funded through the GC Operating and Mai Fund Quote CIP Estimate Estimate Park Fund $41,624.49 $47,000 ntenance Budget. 6. Staff Recommendation. I recommend that the council accept the quote from Iron River Construction for $41,624.49. COUNCIL ACTION REQUESTED Motion to accept the quote from Iron River Construction for $41,624.49 for construction of the Clubhouse deck. Prepared By: JG Reviewed By: Approved By: -TV AGENDA ITEM Item No.: Item Description: Generator Service Contract Date: April 9, 2018 Presenter: DJ Goman Agenda Consent Agenda Public Works Supervisor Section: 1. Purpose. The purpose of this item is to gain Council Approval to accept a quotation for generator maintenance. 2. Background. The city of Orono currently has 19 generators in the inventory with another two being installed at lift stations each of the next 5 years. In order to properly maintain the generators in excellent working condition and ensure their reliability, city staff solicited proposals for maintenance service on the emergency power generators. In the past the city has contracted for maintenance for different generators at different times as the need arose. The purpose of establishing a renewable service agreement is to provide a consistent and preventative means of maintenance with an established cost. 3. Project Scope. The generators shall be inspected and provided routine preventive maintenance annually, load banking and emergency repairs as required. 4. Cost. The table below is a summary of the quotes received. Firm Year 1 Year 2 Year 3 Year 4 Year 5 Modern Power Solutions $ 25,985 $ 19,292 $ 30,583 $ 22,870 $ 35,998 Power Systems Services, Inc.* $ 31,500 $ 16,950 $ 32,260 $ 17,710 $ 33,220 Interstate Power Systems $ 43,320 $ 26,662 $ 43,320 $26,662 $ 43,320 *Proposal did not include load banking or battery testing. 5. Funding. Generator Maintenance will be funded primarily by the Sanitary Sewer Fund. The Sanitary Sewer Fund has a projected end of year balance of $1,797,833. The City Hall and Police department generator will be funded from the Central Services budget and the Navarre Water Plant generator from the Water Fund. 6. Staff Recommendation. Staff completed a review of the three companies' proposals and recommends acceptance of the proposal from Modern Power Solutions. Modern Power Solutions' proposal provided the best value and their references provided solid reviews. COUNCIL ACTION REQUESTED Motion to accept the quotation from Modern Power Solutions for generator maintenance in the amount of $25,985 for 2018 and renewable annually for up to five years at the costs shown in the table above. Prepared By: DJG Reviewed By: I Approved By: -TV AGENDA ITEM Item No.: Date: April 9, 2018 Item Description: Appointment of 2018 Seasonal Employees Presenter: Jason Goehring Agenda Consent Agenda Parks and Golf Course Supervisor Section: 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 $10.00-12.00 for the Golf Course Clubhouse Attendants; $10-$15 for Parks and Golf Course Maintenance Employees, and $10-15 for Utilities Maintenance Workers; and a pay range of $15.00-$20.00 for the Assistant Superintendent and Clubhouse Manager. The Clubhouse Manager will be enrolled in the coordinated PERA plan. All other seasonal employees will fall under the 6 month PERA Classification and are therefore excluded from PERA membership. 3. Seasonal Employee Appointments and Candidates. 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employees as provided in the table above. Prepared By: JG Reviewed By: Approved By: -T)R Name Position Wage ($/Hour) Remarks Robert Howells G.C. Clubhouse Manager $19.00 Returnee Approved Paul Tolzmann G.C. Clubhouse Attendant $12.00 Returnee February Rebecca Anderson Utilities Maintenance Worker $12.00 Returnee 26th, 2018 Calvin Schmidt Parks and Golf Maintenance $11.00 Returnee Marshall Hambro G.C. Clubhouse Attendant $12.00 Returnee Diana Otrey G.C. Clubhouse Attendant $11.00 Returnee William Fischer G.C. Clubhouse Attendant $10.00 Returnee Requesting James Berg G.0 Clubhouse Attendant $10.00 New Approval Marie Jorland G.C. Clubhouse Attendant $10.00 New Cody Dickhausen Parks and Golf Maintenance $10.00 New Ronald Steffenha en Parks and Golf Maintenance $10.00 New Ed Kvam Parks and Golf Maintenance $11.00 Returnee 4. Staff Recommendation. I recommend approval to hire of the seasonal employees in Table 3. COUNCIL ACTION REQUESTED Motion to approve hiring the seasonal employees as provided in the table above. Prepared By: JG Reviewed By: Approved By: -T)R AGENDA ITEM Item No.: 10 Item Description: Donation for Big Island Date: April 9, 2018 Presenter: Adam T. Edwards Agenda Consent Agenda City Engineer/ Public Works Dir Section: 1. Purpose. The purpose of this action item is to accept a grant of material from the Home Depot Foundation thru the Camp Gratitude Organization for the restoration of the Big Island Visitor Center. 2. Background. The Camp Gratitude a 5016 non-profit organization worked with the Home Depot Foundation to secure a grant of $2,359.80 for materials as well as a commitment for volunteers to rehabilitate the visitor center building at the Big Island Park. The restoration is scheduled for this spring; exact date to be determined by weather and volunteer availability. 3. Scope of Donation. The donated materials and labor will strip and repaint the structure, repair the decking & stairs, repair walls and other minor fixes to the building. 4. Donation Authority. Authority for cities to accept donation is granted by Minnesota Statute 465.03 which authorizes Minnesota cities to "accept or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor." All donations must be accepted by resolution with a 2/3 vote of the Council. 6. Staff Recommendation. I recommend that the council accept the donation of materials. COUNCIL ACTION REQUESTED Motion to adopt the attached resolution to accept the donation for Big Island Park. Prepared By: Reviewed By: Approved By: _Sb)X A RESOLUTION ACCEPTING A DONATION FROM THE HOMEDEPOT FOUNDATION AND CAMP GRATITUDE FOR USE AT BIG ISLAND PARK WHEREAS, The City of Orono is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the Home Depot Foundation thru Camp Gratitude wishes to make a donation of materials valued at $2,359.80 to the City; and WHEREAS, the donation will be used to rehabilitate the Big Island Visitor Center; and WHEREAS, the City Council finds that it is appropriate to accept the offered donation. NOW, THEREFORE, BE IT RESOLVED BY the City Council of Orono, Minnesota that the City acknowledges and accepts the donation from the Home Depot Foundation and Camp Gratitude in the format of materials for the rehabilitation of the Big Island Park Visitor Center. ADOPTED this 9th day of April 2018, by the City Council of the City of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dermis Walsh, Mayor AGENDA ITEM Item No.: 11 Date: April 9, 2018 Item Description: 2018 Joint Use Dock License Renewals — Resolutions Presenter: Jeremy Barnhart, Community Agenda Consent Agenda Development Director Section: 1. Purpose. The purpose of this action item is to review and approve the 2018 Joint Use Dock Licenses. 2. Background. The City is in receipt of 10 out of the 11 joint use dock renewal license applications for the docks we have historically licensed. None of them exhibited any significant changes from previous licenses. Additionally, no permits have been issued at any of the joint use dock sites for structures or changes to the sites in the past 12 months. One joint use dock user, Big Island, Inc., has responded to the annual licensing application requests for 2010 to 2015. Applications for 2016, 2017 and 2018 were mailed out, but has not yet been received. Big Island, Inc. is not yet in compliance with the City's survey requirements pertaining to Joint Use Docks. We will continue to work with them to gain compliance. 3. Staff Recommendation. To date there have been no complaints regarding any of the ten (10) joint use dock license renewals. Staff recommends that the Council approve the 2018 Joint Use Dock Licenses for each of the ten (10) applicants listed below: • Bohns Point Lane Homeowners • Pheasant Lawn Homeowners Association • Forest Arms Country Club Addition Homeowners Association, Inc. • Foxhill Homeowners Association • Kelly Cove Homeowners Association of Orono • Minnetonka Power Squadron • Pirates Cove Homeowners Association • Tonkawa, Inc. Property Owners at 460, 500 & 550 Tonkawa Rd • Victoria Estates Homeowners Association • Walter's Port Maintenance & Improvement Association COUNCIL ACTION REQUESTED Council should consider adopting resolutions granting a 2018 Joint Use Dock License for each of the ten (10) applicants for the period January 1, 2018 to December 31, 2018, a sample is provided. Exhibits Exhibit A. Joint Use Dock Location Map Exhibit B. Resolution No. 5990 Exhibit C. Draft Resolution Example Exhibit D. Draft License Example References (References A — J each include the following: 2018 Application, Resolution and License) Exhibit A. Bohns Point Lane Homeowners; Exhibit B. Forest Arms Country Club Addition Homeowners Association, Inc.; Exhibit C. Foxhill Homeowners Association; Exhibit D. Kelly Cove Homeowners Association of Orono; Exhibit E. Minnetonka Power Squadron; Exhibit F. Pheasant Lawn Homeowners Association; Exhibit G. Pirates Cove Homeowners Association; Exhibit H. Tonkawa, Inc. (Property Owners at 460, 500 & 550 Tonkawa Road); Exhibit I. Victoria Estates Homeowners Association; and Exhibit J. Walter's Port Maintenance & Improvement Association. Prepared By: C. Mattson Reviewed By: J. Barnhart Approved By: -TV Council Exhibit A T ® - 3 LL 3 Y T � ? - 4, o c N 2 0 O _ a�i7 TNE. -0 7 2 U O CU }r ° ° ��Il�n �1���jS/it11�11�11�11�11�1/�11�11�11r11�U�i1�11�11�11�1� ��.. 07 0 r i _ •. H W LAWIr• �� 1 � � moi o s Q r � o i of a ttt��� �� �� � ,3 � ��w�� R ,•�- m _ C N ♦ N ✓' � � ►ilaNrr ♦ter Council Exhibit B M I "S ,, I .' I % I I � Ikk 1 RESOLUTION OF TH CITY COUNCIL NO. ?9 9 0 A RESOLUTION ESTABLISHING POLICY REGARDING CERTIFICATE OF SURVEY REQUIREMENTS FOR JOINT USE DOCK LICENSES WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State ofMinnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the use of those portions of Lake Minnetonka within the corporate boundaries of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners, including residential owners as well as the commercial marina owners, to the extent of prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common-law rights of riparian owners, whether or not they be commercial marinas or residential owners; and WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally; no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian Page 1 of 3 '14 CITYof ®BODY® ti J RESOLUTION OF THE CITY COUNCIL NO. 5 990 owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein, and the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, since 1963 the City of Orono has required the annual lice, ing of joint use docks in order to manage not only the use of the lake but also the land-based facilities that ns support the lake use; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of Lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Chapter 94, Article II, Sections 94-39 through 94-38 of the Orono Municipal Code, as well as the land use provisions of the Orono Zoning Code, Orono Municipal Code Chapter 78; and WHEREAS, in 2008, City staff conducted an assessment of the license information on file for each of the joint use dock licensees of record, which revealed a number of the files represent the current status of the land and dock facilities; and containing old, outdated, incomplete or inaccurate sketches, site plans or surveys that did not WHEREAS, a current, updated certificate of survey provides the City with an inventory and accurate record of what exists on the land and water; and WHEREAS, as a result of the assessment, City staff directed each licensee to submit a current certificate of survey showing the existing conditions of the property and dock configuration for the 2009 license year. Based on the information on file, it was determined that certificates of survey dated 2007 or later would be acceptable; and WHEREAS, to further clarify the survey requirements for annual joint use dock licenses, a policy outlining the survey requirement is proposed. Page 2 of 3 14� 1 CITY of ORONO ti u RESOLUTION OFTH�CITY COUNCIL NO. 9 90 NOW, THEREFORE, BE IT RESOLVED, an updated certificate of survey dated 2007 or later shall be required for approval of a City of Orono annual joint use dock license. Such survey shall depict the location and configuration of the dock facilities and shall include the. entire parcel of land from which the dock facilities extend. The survey shall depict all structure and hardcover on the land. Upon receipt of the acceptable survey, a site inspection will be performed annually, in the fall, and site photos will be taken for the file. This survey will be acceptable for future licensure of the joint use dock. However, if upon inspection, the conditions on the site have changed an updated survey will be required for the upcoming license year, subj ect to the following: 1. Changes constituting the need for an updated survey include, but are not limited to: new structures; change in location of structures or storage area; additional, new docks or change in docks, slips, buoys, launching ramps, parking areas, access areas, steps, or pathways; new hardcover; an increase or change in existing hardcover; fencing and/or landscaping activities which require a permit. 2. Changes that are acceptable and would not require an updated survey are: planting trees; plants; shrubs; picnic tables on grass and fire rings (with no increase in hardcover). 3. If changes are noted during the fall inspection, the j oint use dock licensee will be notified that anupdated survey will be required before the next boating season or a joint use dock license will not be issued. In February each year the joint use dock license applications will be mailed for the current boating season with a deadline of March 15. Adopted by the Orono City Council on this 22nd day of November, 2010. ATTEST: Linda S. Vee, City Clerk J es M. White, Mayor Page 3 of 3 Council Exhibit C RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO BOHNS POINT LANE HOMEOWNERS SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 2018 TO DECEMBER 31, 2018 WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the common law rights of riparian owners, whether or not they be commercial marinas or residential owners; Page 1 of 5 WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are used and maintained by three or more families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 94-37 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described below: A. LICENSEE: Bohns Point Lane Homeowners Dock Address: 3240 Bohns Point Lane (Outlot 1, Bohns Point Addition, PID 08-117-23-44-0011) Agent: 1ll111L Dave Condon Address: ' 3230 Bohns Point Lane, Wayzata, MN 55391 Licensee is: member of homeowner's group Page 2 of 5 B. BOAT DENSITY The number of in-place boat slips, lifts and buoys shall not exceed three (3) as shown on, Exhibit A, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density: Bay Crystal Transient (Day use only) Slips 0 Permanent Moorage Slips 3 Boat Lifts 0 Subtotal Slips at Dock 3 Offshore Buoys 0 Maximum Boats in Water 3 Maximum Boats per Prior License 3 MAXIMUM BOAT DENSITY 3 Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 94-37 of the Orono Municipal Code. C. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit A. Any changes in this layout shall be subject to prior review and approval of the City Council. iq 1111111111111 111 1 1111111 Page 3 of 5 D. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. The City acknowledges the historic and continued use of this three -slip multiple dock since the 1960's for the benefit of three designated non -riparian properties within the Bohns Point Addition. 2. The City recognizes the easement over provide pedestrian access to Outlot 1, Lots 1, 2, 5 and 6, Bohns Point Addition Lot 3, Block 1, Bohns Point Addition to Bohns Point Addition for the owners of The three (3) multiple dock slips are designated for use by specific properties as spelled out below, and no transfer of dock rights to different properties within the subdivision of Bohns Point Addition may occur without City approval. Transfer of dock rights to any property outside the subdivision of Bohns Point Addition or to any person who is not a Bohns Point Addition property owner, will not be allowed. Any boats stored at the dock shall be owned by a property owner within the Bohns Point Addition. 4. The three properties which are each allowed one slip within the three slip multiple dock are described as follows: 3220 Bohns Point Lane (Lot 1, Bohns Point Addition) '0190111!„ '"H11ilil1+` 3225 Bohns Point Lane (Lots 5 and 6, Bohns Point Addition) 3230 Bohns Point Lane (Lot 2, Bohns Point Addition) This approval grants a 2018 Joint Use Dock License to the Association for three slips. Applicants are advised of the need to henceforth apply for a City of Orono Joint Use Dock License annually. Page 4 of 5 E. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. F. STYROFOAM DOCK ADVISORY. Licensee is advised that the use of unprotected Styrofoam as a dock flotation material has been banned per Ordinance No. 104, Second Series. WHEREAS, on November 22, 2010, the City adopted Resolution No. 5990, establishing the policy regarding certificate of survey requirements for joint use dock licenses. WHEREAS, the Bohns Point Homeowners Association has submitted a survey dated, April 14, 2010 which complies with Resolution No. 5990. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted above. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 9th day of April, 2018. ATTEST: �iIII I11II111 ISI � ��� kI��►rz Anna Carlson, City Clerk filly Dennis Walsh, Mayor Page 5 of 5 Resolution Exhibit A AGENDA ITEM Item No.: 12 Date: April 9, 2018 Item Description: LAI 8-000013 —Nathan VanCamp, 601 Minnetonka Highland Lane, Variance — Resolution Presenter: Laura Oakden Agenda Consent Agenda City Planner Section: 1. Purpose. The applicant is requesting a rear yard setback variance for an addition to the single family home. 2. 15.99 Deadline The application was received on February 19, 2018; it was considered complete on February 19, 2018. Therefore the 60 -day review period expires on April 20, 2018. 3. Background/ Summary. The applicant is proposing to build an addition to an existing home. The home is surrounded by three streets. The applicant is proposing to build the addition towards the one shared lot line away from all the streets. Per City Code, this shared lot line is considered the rear yard and has a 30 foot setback in the LR -113 district. The applicant is proposes to place the addition 18.8 feet from the rear property line. There are two driveways serving the property, one paved, the second gravel. It is recommended, to address long term drainage issue, to pave the second driveway if its use is going to continue. 4. Planning Commission Vote and Comment. On March 19, 2018 the Planning Commission opened a public hearing and reviewed the application. The commission voted unanimously on a motion to approve the request. 5. Public Comment. No comments were received. 6. Staff Recommendation. Staff recommends approval of the variance request. COUNCIL ACTION REQUESTED Motion to accept or amend the approval resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Plans Exhibit C. Draft PC Minutes Exhibit D. PC Staff Report References PC Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map Prepared By: L. Oakden Reviewed By: J. Barnhart Approved By: -Sb9a CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA18-000013 WHEREAS, on February 19, 2018, Nathan VanCamp ("Applicant'), applied for a variance from the City Code for the property addressed 601 Minnetonka Highland Lane and legally described as: Lots 1, 2 and 3, Block 9, Minnetonka Summit Park (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 for a 18.8 rear yard setback; and WHEREAS, on March 19, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 19, 2018, the Planning Commission recommended approval of the variance; and WHEREAS, on April 9, 2018 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA18-000013. 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. C= OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. The Property contains 0.43 acres in area and has a defined lot width of 135.56 feet. 4. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Rear yard setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The applicants propose to construct an addition to the existing residence on a residential property which is in line with the intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for an addition to a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The propertyownerin question proposes to use the propertyin a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit an additions to the existing home within the 30 foot rear street area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the home is confined by streets in 3 sides and a wetland to the east of the home limited the build envelope on the property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing home, and neighboring homes are separated sufficiently to allow for light, air, and open space between the homes and the proposed addition, and c. The variance, if granted, will not alter the essential character of the locality. " The scale or setbacks of the proposed addition to the home will not alter the character of the neighborhood. The setback in question is the rear yard because the frontage along Tonkawa is the shortest street frontage, although the front of the house faces CCC OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Minnetonka Highlands Lane. From a character of the neighborhood, the rear yard looks and feels like a side yard which would require a 10 foot side yard. 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 single family home is an allowed use in the LR -16 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 lot is unique because it is surround my right of way on three side and a wetland is located on the east side of the parcel which covers a large portion of the front yard. The proposed addition seems to be reasonable for this existing home and lot. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposed home with the addition will be generally in line with the neighboring homes. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicant have indicated that this criterion is met. 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 existing wetland and being surrounds on 3 sides by right of way creates a limited building area for an addition to the home; the variance is necessary and will not merely serve as a convenience to the applicant. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 to allow rear yard setback, subject to the following conditions: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL iii 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated January 29, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A 3. The applicant is encouraged to improve to City Standards the existing secondary driveway access on Elm Street(Sec. 18-136); paved for a minimum of 30 feet from the roadway in order to reduce driveway runoff depositing soil and debris upon the roadway per the City Engineer. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (April 9, 2018). 6. 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 91h day of April, 2018. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor m b ox - '.- _90I so d ti 00020' 24! E �15.9�L z t I ter/ I \I C �] i3 OD o i / 30 a w 9Do-9L x CD N O 00 III / YI ....... .. 9 O ----- £ F........A - ._......._.. ...... -a=Z� -OG) gg C) <0 v O/ 50 41 o� S 00°20' 20" W 135.56 a < fees (see.» d ly Az z g CO. RD. NO. 135 y x o c� TONKAWA ROAD m z —1 y 'b L� po.Z n O �nooiy o m m O Z ~~�-y 7'J�dO.G o'm _ o nsQm m v o .. .. • .. r o ii n O J m o m l N m o 30 0 0 J y O O J a rt N? o N y O O- N n O Z 4g mo o�Doao o - y. O � o � T min= 3o JJa°v'iso � a A o- ,'o -tO m 1 6t30 oafoa ao o F ma o m g�Ru �°np 3v ooT`° °c o ^'� o rn OX N r �m ?• o N O^op J O. D Ln o m D _ O O x D m n 0 c p- y° m' z t I ter/ I \I C �] i3 OD o i / 30 a w 9Do-9L x CD N O 00 III 0 OL) m —v 00 00 m N n ro S m F O0 -)Z 0Cv 0 go z�� 0 wvCL L� < v� �v N 3 r_0 v 7 lD 0 v CD El m r� 0 ) Z 0 ., 0 �v �5 go Z CD Cn=(D (.n77=3 WvCL cnCL_ v� r v CD x CD a) 00 w- CD CD r r' ' f v i A fD El F7 1 0 0 a Q Q o' D I � j ,E a 1 4' 0 0 a Q Q o' D I --966— (965.9) --966— (966.5) (g66.4) ST (966.9 E (965.7) C) B -5 2-'-'-" 966-0) ---N— )VC CULVERT PVC (964,4) <CULVERT (965.0) (965.5 "at GRAVEL DRIVEWAY CONCRETE (F) UNDER DE( (H) DECK I(G) Ja (966:s)' 3 _L9 7,8 B 4A PROPOSED OSED ADDITIONI M) SHE 7. (E) .............. �972.7)� (975,4) TIO EXISTING HOUSE #601 MAIN (A) GARAGE FLOOR= FLOOR= (970.9) (966.3) —23.1-- NNT/ 7(13) 16" CANT SNOOP 966.5) BLACKTOP DRIVEWAY P_ (D) OU W K 0 RET. WL N 89039' 4lr W \- -- (972.6) (963--4 WOOD ER 1) GARDEN (964.1) i(C) (964.7 V) (964.7) ((967.2) 00 (J) (965 0) 4' x 10' LO L6 (966.5) 0 0 0 0 0 SHED 150.00 (971.2) 9 M90 W I '0 LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 9, MINNETONKA SUMMIT PARK * : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum -917- -: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, two sheds, spot elevations, topography and all visible "hardcover", and the proposed location of a proposed addition thereon. It does not purport to show any other improvements or encroachments. NOTE: Accuracy of hardcover location, and extent of additional hardcover is limited by ice and snow cover. I hereby that -fk; I *� -F *1 4. *. 4. I I i was prepared by me, or under my direct supervision, 71 -3 El R% G` & A S S 0 % UrN I A T S) I N C 0 certify u a plan, t -'u u"' report and that I am a duly Licensed Land Surveyor under CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS the laws of the State of Minnesota. 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 fe 952-473-4141 =4 Mark S.Gronberq Minnesota License umber 12755 SCALE 1 It =20' DATE 1 1-29-181 IMM IT: =4# Z L6 (971 -972 EXISTING HOUSE Lij #615 44- 5) 0 0 0 0 (978.7) (975.7, (977,0) (97 PA LO )VC CULVERT PVC (964,4) <CULVERT (965.0) (965.5 "at GRAVEL DRIVEWAY CONCRETE (F) UNDER DE( (H) DECK I(G) Ja (966:s)' 3 _L9 7,8 B 4A PROPOSED OSED ADDITIONI M) SHE 7. (E) .............. �972.7)� (975,4) TIO EXISTING HOUSE #601 MAIN (A) GARAGE FLOOR= FLOOR= (970.9) (966.3) —23.1-- NNT/ 7(13) 16" CANT SNOOP 966.5) BLACKTOP DRIVEWAY P_ (D) OU W K 0 RET. WL N 89039' 4lr W \- -- (972.6) (963--4 WOOD ER 1) GARDEN (964.1) i(C) (964.7 V) (964.7) ((967.2) 00 (J) (965 0) 4' x 10' LO L6 (966.5) 0 0 0 0 0 SHED 150.00 (971.2) 9 M90 W I '0 LEGAL DESCRIPTION OF PREMISES : Lots 1, 2 and 3, Block 9, MINNETONKA SUMMIT PARK * : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum -917- -: denotes existing contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the location of an existing house, two sheds, spot elevations, topography and all visible "hardcover", and the proposed location of a proposed addition thereon. It does not purport to show any other improvements or encroachments. NOTE: Accuracy of hardcover location, and extent of additional hardcover is limited by ice and snow cover. I hereby that -fk; I *� -F *1 4. *. 4. I I i was prepared by me, or under my direct supervision, 71 -3 El R% G` & A S S 0 % UrN I A T S) I N C 0 certify u a plan, t -'u u"' report and that I am a duly Licensed Land Surveyor under CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS the laws of the State of Minnesota. 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 fe 952-473-4141 =4 Mark S.Gronberq Minnesota License umber 12755 SCALE 1 It =20' DATE 1 1-29-181 IMM IT: =4# Z y 1��■ _ , L1L>ifl�� ■ss Oe. ( ar i. -L MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Kevin Landgraver, Bruce Lemke, Denise Leskinen, Loren Schoenzeit, and Jon Schwingler. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. Thiesse thanked Loren Schoenzeit, Jon Schwingler, and Denise Leskinen for each of their nine years of service on the Orono Planning Commission. 3. LA18-000013 NATHAN VANCAMP, 601 MINNETONKA HIGHLAND LANE, VARIANCE, 7:03 P.M. — 7:08 P.M. Nathan VanCamp, Applicant, was present. Oakden stated the applicant is proposing to build an addition to an existing home and is requesting a rear yard setback variance. The home is surrounded by three streets and the applicant is proposing to build the addition towards the one shared lot line away from all the streets. This shared lot line is considered the rear yard and has a 30 -foot setback in the LR -1B zoning district. The addition would be located 18.8 feet from the rear property line. The current setback is 40.8 feet. The proposal meets the structural and hardcover requirements. Staff finds there are inherent practical difficulties that exist with the location of the wetland and the close proximity of the right-of-way on three sides of the lot. Due to the orientation of the home, the rear yard acts as a side yard for the property owner and neighboring residents. The encroachment does not appear to adversely impact the adjacent properties. The neighboring property owners have submitted the acknowledgement form and are in support of the project. Planning Staff recommends approval of the rear yard setback variance. The Planning Commission had no questions for Staff. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Nathan VanCamp, Applicant, stated he has nothing further to add to Staff's report and that the neighbors are supportive of the project. Chair Thiesse opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:08 p.m. Landgraver commented the application is pretty straight forward. Leskinen moved, Schwingler seconded, to recommend approval of Application No. LA18-000013, Nathan VanCamp, 601 Minnetonka Highland Lane, granting of a rear yard setback variance per Staff recommendations. VOTE: Ayes 6, Nays 0. Date Application Received: 2.19.18 Date Application Considered as Complete: 2.19.18 60 -Day Review Period Expires: 4.20.18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: March 19, 2018 Subject: LA18-000013, Nathan VanCamp, 601 Minnetonka Highland Lane, Variance, Public Hearing Application Summary: The applicant is requesting a rear yard setback variance Staff Recommendation: Planning Department Staff recommends approval Background The applicant is proposed to build an addition to an existing home. The home is surrounded by three streets. The applicant is proposing to build the addition towards the one shared lot line away from all the streets. This shared lot line is considered the rear yard and has a 30 foot setback in the LR -113 district. The applicant is looking to place the addition 18.8 feet from the rear property line. LOT ANALYSIS WORKSHEET Section 78-350- Setbacks: DISTRICT LR -1B Required Existing Proposed Front 35' 62' No Change Rear 30' 38.9' 18.8' Street (North) 20' 82.9' 50.1' Street (South) 20' 40.1' No Change Wetland 35' +/- 20' No Change Section 78-1403- Structural Coveraee: Total Lot Area Total Structural Coverage 18,861 s.f. (0.43 acre) Allowed: 3,772.2 s.f. (20%) Proposed: 2018 s.f. (10.6 %) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 6,601.35 s.f. 4,962 s.f. 5,109 s.f. Tier 3 18,861 s.f. (35 %) (26.3%) (27.1%) L-18 000013 March 1 , _ 018 i age Jo i Applicable Regulations: Rear Setback (78-350) There is a 30 foot setback requirements for principle structures to the rear property line. The applicant is asking for an 18.8 foot setback due to the constraints on the lot. This lot is surrounded on 3 sides by right of way and has a wetland located within the front yard on the east side of the lot. 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 applicants propose to construct an addition to the existing residence on a residential property which is in line with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variance resulting in a permit for an addition to a 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 an additions to the existing home within the 30 foot rear street area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the home is confined by streets in 3 sides and a wetland to the east of the home limited the build envelope on the property. b. There are circumstances unique to the property not created by the landowner; The existing home, and neighboring homes are separated sufficiently to allow for light, air, and open space between the homes and the proposed addition, and c. The variance will not alter the essential character of the locality. The scale or setbacks of the proposed addition to the home will not alter the character of the neighborhood. The setback in question is the rear yard because the frontage along Tonkawa is the shortest street frontage, although the front of the house faces Minnetonka Highlands lane. From a character of the neighborhood, the L' ',18.000013 March 1 018 age3o i rear yard looks and feels like a side yard which would require a 10 foot side yard. 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 single family 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 lot is unique because it is surround my right of way on three side and a wetland is located on the east side of the parcel which covers a large portion of the front yard. The proposed addition seems to be reasonable for this existing home and lot. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed home with the addition will be generally in line with the neighboring homes. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant have indicated that this criterion is met. 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 existing wetland and being surrounds on 3 sides by right of way creates a limited building area for an addition to the home; the variance is necessary and will not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds there is inherent practical difficulties exist with the location of the wetland and the L-18 000013 March 1 , _ 018 i age _10_1_1 proximity of the right of way on 3 sides of the parcel. The addition would create an 18.8 feet rear yard setback toward the only internal shared property line. Due to the orientation of the home the rear yard acts as a side yard for the property owner and neighboring residents. The encroachment does not appear to adversely impact the adjacent properties. 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 The Planning staff recommend approval for a rear setback of 18.8 feet. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map AGENDA ITEM Item No.: 13 Date: April 9, 2018 Item Description: LAI 8-000015 —Michael Jones, 3186 North Shore Drive Variance — Resolution Presenter: Melanie Curtis, Agenda Consent Agenda City Planner Section: 1. Purpose. This application is regarding a hardcover variance to permit re -construction of a detached garage in a new, conforming location. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on February 19, 2018. Therefore, the 60 -Day review period expires on April. 20, 2018. Background/ Summary. The property has an existing nonconforming detached garage. The property owner plans to demolish it and build a more functional garage in a conforming location. While the existing garage does not have an improved driveway, the Code, for hardcover purposes assumes a minimum amount of hardcover to serve garages. This assumed hardcover is currently 28%. The proposed garage, while larger, will stay within the existing calculated hardcover level. Due in part to a shorter driveway. 4. Planning Commission Vote and Comment. On March 19t1i the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 in favor of a motion to approve the requested hardcover variance. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Plans Exhibit C. Draft PC Minutes Exhibit D. Public Comment Exhibit E. PC Staff Report References PC Exhibits 03/19/18 Exhibit A. Application Exhibit B. Project Narrative Exhibit C. Practical Difficulties Documentation Form Exhibit D. Existing Survey Exhibit E. Proposed Survey/Site Plan Exhibit F. Proposed Plans and Elevations Exhibit G. Submitted Hardcover Calculations Exhibit H. Neighbor Comments Exhibit I. Property Owners List Exhibit J. Plat Map Prepared By: YY1GG Reviewed By: J. Barnhart Approved By: _Sb)X CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1700 FILE NO. LA18-000015 WHEREAS, on FebrLary 11-� ❑018, Michael Ines and Natele ❑ones, a married co!-ple Fhereina!:t0r the IEipplicantsl� applied Lor a Eariance -rom the City Code ®r the property addressed 3186 North Shore ❑rice and legally described as❑ Chat parts o❑❑locks :I and ❑, o❑Crystal Cay ❑ark and oE\/ieC CCenLe, no❑ Cacated lying bet❑een said -flocks, described as -0I100sC Commencing at the most easterly corner oCLot 5, ❑lock q Crystal ❑ay CarkCthence north❑esterly along the northeasterly line thereo❑C50.L3 Leet❑thence delected le[t 88 degrees ❑3 min1es along a line 10 l et to the point o❑beginning o-lthe property being describedCthence contin[Jng along last said line to the West line o❑Crystal Cay CarkEthence North along said West line to the shore oELake Minnetonka:thence easterly along said shore to its intersection ❑ith the northeasterly line oul-ot 6, IJock i_, Crystal f_iay I_larkl_Ithence sol_theasterly along said northeasterly line, its so theasterly extension and the northeasterly line o❑Lot 5, ❑lock q Crystal Lay ❑ark to the post easterly corner o❑said Lot 5❑thence soFth festerly along the so-theasterly line o❑said Lot 5 a distance of fi 1 �0 feet❑thence north❑esterly to the point oLbeginning, Hennepin ColFhty, Minnesota-hereina[tler the TropertyF 1Cl WHEREAS, the ❑pplicants haCe made application to the City o❑Orono Cor a ariance to Orono M-hicipal ❑oning Code Section -&1I DO to allot -1 C80 hardco-or in con 11hction Cith the reconstrCction oCa detached garageCand WHEREAS, on March 1" ❑018, aider polished and mailed notice in accordance Cith Minnesota States and the City Code, the ❑tanning Commission held a p-blic hearing, at Chich time all persons desiring to be heard concerning this application ❑ere giCen the opport:1nity to speak thereon -land WHEREAS, on March 1 [, 11018, the ❑tanning Commission recommended appro- of 6 the f_ arianceCand WHEREAS, on ❑pril Cl, ❑018, the City CoCncil rel[jel-[ed the application and the recommendations of-the-lanning Commission and City sta-11rand CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. NOW, THEREFORE, BE IT RESOLVED that the City CoEhcil o -Orono, Minnesota hereby approCes the reiCCested hardco-or Cariance as described aboF0 based on one or more oC the Colloloing findings oCact concerning the CropertyC I FINDINGS OF FACT: 1. Chis application -las re1eCed as toning File Il❑18-000015. ❑he analysis contained Cithin stabmemos and the eEhibits attached to the aforesaid memos, all minCtes From the abo:e mentioned meetings, and any and all other materials distribCted at these meetings are hereby incorporated by reference. C. Che Croperty is located in the LRA C Coning ❑istrict. 3. [-!he Croperty contains 0. C❑ acres in area. C. Che ❑roperty is Athin Cfer 1 and hardco--er is limited to ❑5C according to the Storm Cater C Cafity Oi_ orlay ❑istrict. 5. Cpplicant has applied :or the ColloCing arianceC a. Hardw:or Variance 6. in considering this application Cor Cariance, the CoCncil has considered the ad:Jce and recommendation oAhe ❑fanning Commission and the eCFect of lthe proposed riance Cpon the health, safety and Cekare ofthe commF--nity, edsting and anticipated tralnic conditions, light and air, danger o❑ire, risk to the pCblic sa'-ety, and the effect on Calces oLiproperty in the saro-hding area. ANALYSIS: (Variances shall only be permitted ❑hen they are in harmony Clith the general pi-rposes and intent OF ordinance .... I -I_ he Cariance reFuested is consistent [ ith the general intent oCthe Ordinance. Che ref rested hardcoFer ariance is reasonable and necessary as the elEisting location oCthe garage is noncon-orming, and the proposed location is coninrming. (Che nein garage -Fill be located closer to the eJsting d6 -el -ay res_7ting in less driC�Cay hardcoCer. 2. (Variances shall only be permitted . . . ❑hen the I:ariances are consistent (lith the comprehensiCe plan.CChe variance to permit a detached garage to be constrCcted in a residential Cone are consistent -lith the Comprehensife Clan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. [Variances may be granted I❑hen the applicant or the i_ ariance establishes that there are practical di ic:1ties in complying ❑ith the -oning ordinance. -i ractical diUC7ties,Cas Fsed in connection ❑ith the granting oCa [ariance, 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. [he ❑ni❑I'❑eness o❑the shape, the long narron driEt-Flay neck, and the orientation or -the [roperty create dii i lJties For the property o❑ners reasonable re❑: est to rebAd a detached garage. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. I-he-ni❑❑e shape o❑the ❑roperty gas not the rest-lt o -actions by the landol❑ner. Che eFisting condition o -the long thin neck o❑ driCe❑ay to reach North Shore ❑ri contribCtes to the hardco--Or o-orages. The variance, if granted, will not alter the essential character of the locality. " Che hardco[-or ❑ariance All not alter the character o-lthe neighborhood❑there is an e 7sting improCement on the (roperty sit-ated at a sCbstandard setback ❑hich more directly impacting the neighbors to the soCth and ❑est. ❑he hardcoFOr ❑ariance is reasonable and necessary as the most logical location Car the improCement is closer to and ad:acent to the el= fisting dri-e❑ay. Che hardco[er -or the ❑roperty ❑ill not increase abo-O the eFisting hardcol: er le[el ❑hich incl[des the ass!-ined drib❑ay. C. 1Lconomic considerations alone do not constit[te practical dii❑C❑Ities.❑ ❑conomic considerations hare not been a [actor in the ariance appro[al determination. 5. I C ractical dilTlclAties also incl❑de bFt are not limited to inade❑❑ate access to direct sCnlight For solar energy systems. Variances shall be granted i_or earth[8heltered constr❑ction as delhed in Minn. Stat. ❑ C16C.06, s❑bd. q ❑hen in harmony ❑ith Orono City Code Chapter -8.[ II- This condition is not applicable. 6. Lhe board or the co[hcil may not permit as a [ariance any ❑Ise that is not permitted Cnder Orono City Code Chapter C8 [or property in the -one -]here the allected persons land is located.❑[This condition is not applicable, as the ❑se -or a detached garage is an alloCed Cse in the LRIF1 ❑ ❑istrict. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. mhe board or wAcil may permit as a CA3riance the temporary Cse o[ -a one-tamily duelling as a tCol Gamily dCelling.❑Chis condition is not applicable. 8. Mhe special conditions applying to the strCctCre or land in CCestion are peclJiar to s-ich property or immediately adCdining property.❑ ❑he Chi❑Ce shape and orientation o❑the Croperty is not common in the saro-inding neighborhood. ❑he long narro❑ dribCay neck res[_ Its in elcessdri -enay hardco-er-lithoA the proportionate land area to balance it oCt necessitate granting a hardcoCer Cariance. C. []he conditions do not apply generally to other land or strCct❑res in the district in ❑hich the land is located.❑❑he ski❑Ce shape characteristics oCthe ❑roperty are not common in the sCrroCnding neighborhood. 10. mhe granting of-lthe application is necessary or the preser❑etion and enjoyment o❑a sCbstantial property right o❑the applicant. ❑❑ranting the re❑❑ested -�3riance Fill proi-ide relieCto the applicant regarding the lot shape and e❑isting conditions of❑I❑roperty. 11. the granting o❑the proposed r:8riance All not in any Day impair health, sa[ety, com[brt or morals, or in any other respect be contrary to the intent o❑this chapter. ❑❑ranting the refill-ested Cariance All not adCersely impact health, sal-ety, comfort, or morals[ Inor Cill it be contrary to the intent ol_ the Code. 1 C. IC the granting o❑sl h I-ariance All not merely serCe as a conCenience to the applicant, b[ t is necessary to aIle date demonstrable diCic-lty. ;Che shape and orientation oCthe lroperty create practical di _ tFIties aITecting the ❑ropertyCthe Fariance is necessary and not merely serCe as a con!-Onience to the oCners. CONCLUSIONS, ORDER AND CONDITIONS: I ased Cpon one or more o the aboC0 ihdings, the Orono City CoCncil hereby grants a Cariance to Orono M-nicipal ❑oning Code Section s-81 [ 00 to alto❑ C8❑ hardco-er in con [ nction Cith the reconstrCction o❑a detached garage in a conCarming location, sCb[ect to the iollo❑ing conditions❑ 1. CoLincil approCal is based on the entire record, aboCe Findings. C. 1 -he approved prosect shall con[brm to the proposed site plan and blIlding plans s -bmitted by the Cpplicants and annotated by City staC� attached to this Resol❑tion as Exhibits A & B. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Cny amendments to the plans ❑hich are not in conformity i -lith City codes may re-lEire [F--ther ❑tanning Commission and City CoCncil reEJe1. C. ❑Cthorities granted by this resol-tion Ton -lith the Croperty not -lith the ❑pplicants, bA are permissiCe only and m-lst be eCL-rcised by obtaining a bEJlding permit ®r the ne❑ constr❑ction and commencing constr❑ction o-lsaid proiect. ❑ Taming inspection mCst be completed ❑ithin one year o❑the date o❑Col-ncil approi-8l, or the C8riance i❑ill e-pire on that date iMpril ❑, 110101- 5. 01❑❑ 5. Violation o-lor non-compliance -lith any o -the terms and conditions o[Ahis resol❑tion may resclt in the termination of any a1hority granted herein. ff❑O❑❑❑❑ by the Orono City Co-ncil on this -h day o 1 Aril, 11018. ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Cnna Carlson, City Clerk CITY OF ORONO: Cennis Walsh, Mayor GRONBERG & ASSOCIATES, INC. CIVIL 1111.01EE., LAND RVEYO., .. ILANNEI "5 N. MLLOW DRIVE LONG LAKE, MN = PHONE; 952-473-4141 FAX: 952-477-4435 de PROPOSED SITE PLAN FOR "o MICHAEL JONES IN BLOCKS 2 & 4, CRYSTAL BAY PARK HENNEPIN COUNTY, MINNESOTA N ------------------ - - ----- --- ------ - ----------------- - ----4----- - M 0 20 40 80 7— ------ EXISTING I HOUSE SCALE IN FEET V13180 IF EXISTING HOUSE %} #3186 EXISTINGI 'O'S' "'o' A GRONBERG & ASSOCIATES, INC. CIVIL 1111.01EE., LAND RVEYO., .. ILANNEI "5 N. MLLOW DRIVE LONG LAKE, MN = PHONE; 952-473-4141 FAX: 952-477-4435 N M 0 ------------- A- 5n� 4 EASTNG ELEVATIONS Fi'st flOIX —T —1 tr ThmI pals a( Redx 2 up a, of y— my 1 of f pr 11 seeYiw, +atM1 llK wrtnesaerlY arc al Lei 6, bbd 2, Crystal ..y 1.1i 1.z '01 1a 11 co. —liN NOTE: ACCI7RACY Or WDCOVFR LOCATION, AND EXTENT CiFADDIMNAL HARDCOVER I$ LIMITED RN ICE AND SNOW COVER GRONBERG & ASSOCIATES, INC. CIVIL 1111.01EE., LAND RVEYO., .. ILANNEI "5 N. MLLOW DRIVE LONG LAKE, MN = PHONE; 952-473-4141 FAX: 952-477-4435 .01N „Z-,5 „6-,Z ————————————————————————————————— — — — — —— — — ——— —— — — — — —, I X. 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N r Irl, T V) O z Z O ° w O J W � 0 Q W Z (= O J= w`/) Q = U 0 — O � z Q0 00 M z 1 z ulZ w 0 1:00 to 5 V) O z Z O ° w O J W � 0 Q W Z (= O J= w`/) Q = U 0 — O � z Q0 00 M z L o z z Q � w Q J W Q W Z 0� C,6 Q J = W Q = _ ~ U 0 _ Q 75; z 1.0W M V)6 LLJ Z z O = w O J W Q W Z = 0;6o J = W Q = U0 — O �; z z O F - Q w J W W V) LLJ Q Q n W S U Q H w w V) O CL O a 00 0 N N a --I N O LU H Q O C7 zcr_ Q 0 Vn o LLJ Z z O = w O J W Q W Z = 0;6O J = W Q = U 0 — O �; z N z O F - Q w J W W V) LLJ Q Q n W S U Q H w w V) O CL O a 00 O N N ri - 0 II r 17 - � � -rte ._•- _� hIdlRTHEASMLY 'LLNE PROPOSED SITE PLAN FOR MICHAEL JONES IN BLOCKS 2 & 4, CRYSBAY PARK HENNEPIN COMINNESOTA OF LOT 9° BLS 2 CRYSTAL SAY PARK el 'A fCM ti4 Air Le --- — —ir 4z 7- ePROPOSED R3 f f r SILT FENS} '• I FT. PIPZ&f UY g* _ 1 - r �, .d'r •, - � � � � `� � � — ��'� _ — _� -` -�•,� �'FT� LQI!+i Rl�I r' ..� �- � DECK i 0 20 40 0 Ilk 01 HOUSE C SCALE I FEET P f EELS 1 FT. HI Y - ti V- MEPP 4 S, ,.. _ + G ANG '... CIAO 03180 r- F It r' e Av-E Q r P Lr� n-uuw 15° i -rte Ps * EXISTING I' HOUSE EXI %� ' HOUSE P r° CRETE I % WAM ti LP1A 'e. „#�' r ' Ilk DEW- ap Ilk _ �L L�y 0 moWESTERLY R ILW OF � {� _ r � I • ! � ems' �= � 01 S TAL BAY P - `� ± N #� r �_ r { �' { 11? Opo ' A���•,, 1 { IL21Lqp , 640 yeti i x 1 r N s �� LUL Valli_ M 250 r z IRDA SETICK _- GqR S�c40 r k 1 � � r' r. Z+ \J � _ 41 � - � y ti h tir g � t•�J 7 � IL I l a + C I ! -�+ N. I 1 11 PSII EASTERLY LJ* - r r Of LOT 5, BLOCK # l x r T Jt CRYSTAL L HAY PARK ' I N N EXIST[NG ELEVATIONS I- jr-st f Io cw LEGAL DESCRIPTION Of PRFMIS S ' That parts of Blocks 2 arid 4, of Cry_ icil Roy Park and of View Avenue, now var�tEW ly prlg b6tw sni-d Etlocks° desr-rioed as Foil€aws Curr rxinoir� of the ni r t easterly Grner of ,Lot .r3, 81ni-k 4, �ry�gtd Day Park: the e e Wflh eSt riy aloM the narthaastff y lire tiheTeof 2 [].73 kllmTtuv r,. efle[:Lirrg Jeft 88 degrees 23 minutes ding a line 10 feat to the point of beginning of the property Lau irrg descr Ibed; Lfienci3 un;rltlnruing along last said line t* thEr West brae € f No[;~n Crystal Bay Rom; th&le-t North ol€j s®id West Ione to the shore I7 Loke Minnetorko; thence easterloloriq stTir9 share for its intersection -with the wrthe!soteirly I Inie of Lot 6, 131oclik 2, Crystal Bay Park; 0.1 ly &Rork to. thu rrw,)s k turly _Corner 5uId Lot `; thisncir southwesterly doN the utheas ° rly h �, L ryTat'di of said northeMter !ice R!5-%ootheostier ° extension and the nor theasterilline at Lot terl�r Ione of said Lo S 0 -riS Luny of 22,00 feat, theros nor thwsaterly is the paa-It of beginning, Hennepin Grimy, k inrmwto, o denoted iron rrLorker ---g1 --- dunQte°s exi-st-mg corrtoEur line. ri-man sea level datum FR di3notes proposed contour grw° mean Rea level dntMjrri Bearings shown are L'ised upari on os-,n)mtum- Total jot area = .34°907 Sq. 1i#_ L}_ acre-. [his survey a♦hows the hau7rlkirit-s of the Ye dewy ib .�w. u"r ty, the luiuuLion of on exist irig hl -use -and existing gar Vie,-vxi%&rig Lopogr optry, or*d thu wisrblc ".hordaaarcr Lhereorti It does Mt purport to ±how &riiy othir mWrovements Gr encroachirnents- NOTE: ACCU FLACY OF HARDCOVER LOCATION, AND EXTENT OF , DDITIONAL HARaCCIVER I5 LIMJTED BY ISE AND SNOW COVER REVISION D7-".�113NED I HEREBY CEPTIFY'THAT T -H'S PLAN r �S ITICATI 1 OR RF=POR P � 161E uN DATE �Y WOS PFLEPAR REMARKS S��irr�vl�IG}#* AND THAT 1 AM A DULY LICE SEI} PROFESSIONAL ENGINEER - 01-�AWN AND LAND SLMVETrM UNDER THE LXW3 OF THE STATE Of - -- IdINNESOM CHFCXF _._.... -.. __ .. IDATE PAN14 LICENSE 1ti UMBER /4 T.rr q ti z 7 L% SETBACK LIFE a '} ---- I - �WST EASTERLY iLOF -.QT 5° ELOCK #. 2- _ - Go- pt!D - tjop - r _..• t ti t 4 12�2-110 BERG & ASSOCIATES, INC, is o° CIVIL ENGINEERS, LAND SURVEYORS, LAIN D PLANNERS -445 N.1l LLOW DRIVE LONG LAKE, MN 55356 PHONE: 9527-4141 FAX: 952-4735 q Bo N DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE - FOUNDATION MICHAEL & NATELE JONES SCALE: %" = V 3186 NORTHSHORE DR, ORONO, MN L25 -U Y �( � ;!:C%x�3<�'%~ I I -- -- -- - - - ------- * i i I I I � 2" LEDGE 48"H. x 8"W. POURED FROST WALL 1 TREATED PLATE '. ON 16" x 8" CONT. CONCRETE FOOTINGS REBAR PER CODE I I I I I i I I I I i I I I I I I I I I I I I I CONCRETE SLAB ABOVE xX I I I UNEXCAVATED I I I I I I I I I I I I I I XIXI I I I I I I I I I I I I I I I X, . I I I I I I I I I I I I I I I I N I I I I I I I I I '.5 I I I - - - - - - - - - - - - - - _ _- _ _._._ _ _ _- _ _._._ _ _ _- _ _._._ _ 1 N M I -- -4'-111/2.. - - - - - - - -18'-1" M.O.- - - - - - - -- t - - -4'-111/2"- - - DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE - FOUNDATION MICHAEL & NATELE JONES SCALE: %" = V 3186 NORTHSHORE DR, ORONO, MN 0 Bo -------------------------------------------- LINE OF ATTIC STORAGE ABOVE V) D n z D m CONCRETE SLAB r) (6" - 3000 PSI) D z c 2x6 FRAMING OVER 2" RIDGID FOAM INSULATION c n 16" O.C. > N c m 70 1 ------------------- ------------------ 18' x T OVERHEAD DOOR ------- -------- ---- --- 2868 - ----------------------- -- -- -- -- --------------- --------------- I DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE — LOWER LEVEL MICHAEL & NATELE JONES SCALE: %" = V 3186 NORTHSHORE DR, ORONO, MN 28'-0" bo DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE - UPPER LEVEL MICHAEL & NATELE JONES SCALE: %" = 1' 3186 NORTHSHORE DR, ORONO, MN 12:12 2'-0" OVERHANG HARDI PLANK SIDING 8 1/411 (T" REVEAL) 6' A EK TRIM STONE � Eli�F u uuuu 18'-0" C '-0„ GARAGE DOOR DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE - FRONT ELEVATION MICHAEL & NATELE JONES SCALE: %" = 1' 3186 NORTHSHORE DR, ORONO, MN 28'-0" DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE - BACK ELEVATION MICHAEL & NATELE JONES SCALE: %" = 1' 3186 NORTHSHORE DR, ORONO, MN 28'-0" DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE -SIDE ELEVATION 1 MICHAEL & NATELE JONES SCALE: %" = 1' 3186 NORTHSHORE DR, ORONO, MN 28'-0" DRAWING DATE: 02.12.2018 PROPOSED DETACHED GARAGE -SIDE ELEVATION 2 MICHAEL & NATELE JONES SCALE: %" = 1' 3186 NORTHSHORE DR, ORONO, MN MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. 4. LA18-000015 MICHAEL JONES, 3186 NORTH SHORE DRIVE, VARIANCES, 7:08 P.M. — 7:18 P.M. Michael Jones, Applicant, was present. Curtis stated a new residence was constructed on the lot in 2009. At this time the applicant is requesting a hardcover variance in order to reconstruct an existing non -conforming detached garage in a conforming location. The existing garage does not have an existing improved (paved) driveway and the new driveway would require additional hardcover. The proposed hardcover level would not exceed the existing level and does include the new driveway. The applicant is proposing to stay within the 28 percent hardcover. Staff has conducted a practical difficulties analysis which is contained in Staff's report for review by the Planning Commission. '%*Akkb Staff finds practical difficulties exist due to the property's unique shape and size. The existing detached garage can be legally reconstructed in the same footprint and location. While it does not exist currently, the assumed hardcover serving the existing garage could be constructed at any time by the property owner. The permitting requirements apply if the project results in over 50 cubic yards of disturbance. Therefore, the applicant's argument regarding the use of the total assumed hardcover as "existing" hardcover level may be reasonable. Public comments have been received and are included in the Commissioners' packets. Planning Staff supports the variance request. Lemke asked what the height of the existing garage is versus the new garage. Curtis stated the applicant would be able to answer that question. Landgraver noted the new garage is significantly larger. Landgraver asked if the reason the hardcover is not more than what currently exists is because the driveway has been shortened. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Curtis indicated it is and that the larger garage would be more functional for the applicant. Michael Jones, Applicant, stated his plan was to try to make it a win situation for himself, the neighbors, and the City. Jones stated he is guessing the structure was constructed around 1930 and is located 5.9 feet from the property line to the west. The original plan was to rehabilitate the property and fix it up but the foundation for the garage has been crumbling for years. In addition to the poor foundation, the roof leaks, and so it is not worth saving at this point. Jones stated as a result, he looked at different options for what could be done. Jones stated he can commit to the City that the hardcover will be reduced on the property. Jones noted there have been significant improvements on the neighboring properties, and that now that area has been cleared out, the garage is more visible and is an eyesore. Jones stated he would like to remove it and replace it with a new structure that is consistent with the new home. Jones noted attached to the proposed apron is a driveway turnaround, which was not made large enough at the time the house was built. By attaching it in this location, it makes that turnaround a little larger and easier to maneuver. Jones indicated he does not know the exact height of the existing garage but that the new garage would match the height of the existing garage. Jones stated if that red piece was eliminated, he would be at 23.7 percent hardcover but he understands that that access is part of his property. Jones stated he also has talked to several of his neighbors and everyone is in support of the project. Chair Thiesse opened the public hearing at 7:17 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:17 p.m. Leskinen commented it is a reasonable request and that the homeowner has made a strong case for the practical difficulty that exists with the lot. Leskinen stated she also appreciates that the other encroachment issues will be resolved and the setbacks will be met. Lemke commented it is an attractive improvement to the property. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Landgraver stated part of him would like to try to reduce the hardcover further but that the larger turnaround is needed for safe access down to the street. Thiesse stated he also had the same thought but that the applicant is dropping the overall hardcover by around 300 feet even with the larger turnaround. Thiesse stated the practical difficulty is the need for safe access onto the street, which the turnaround accomplishes. Landgraver moved, Schoenzeit seconded, to recommend approval of Application No. LA18-000015, Michael Jones, 3186 North Shore Drive, granting of a hardcover variance. VOTE: Ayes 6, Nays 0. Neighbor Support I have shared these plans with four of my neighbors, including two of the adjoining properties. All four of these neighbors have expressed their support for this project. Email responses are provided below. From: Michael Rucinski(mailto:michael@orangecloudholdings.com] Sent: Sunday, February 11, 2018 8:06 AM To: Mike Jones <mike@jones7.us> Subject: Re: 3186 - Proposed Site Plan From Michael & Holly Rucinski 3188 North Shore Drive Orono, MN 55391 To whom it may concern, Mike Jones has shared with me the proposed site map for 3186 North Shore Dr, Orono, describing his plans to tear down the existing accessory building and build a new accessory building. After reviewing the proposed site map Holly and I fully support this proposal as long as the Orono architectural standards for accessory buildings are met. Best regards, Michael Rucinski Co -Founder + Managing Partner Orange Cloud Holdings Corp Oran&eC I o u d H o l d ings. c om +1.612.600.5558 From: Scott IFalkum [mailto:scott.falkum@gmaii.com] Sent: Monday, February 12, 2018 10:10 PM To: Mike Jones <mike@jones7.us> Subject: Re: 3186 Proposed Site Plan Hello Mike, Thanks for reaching out to us regarding your proposed garage. The front elevation looks great (matches well with the existing home), is of similar size to the existing garage to be razed, and is further from the property line (conforms to setback requirements), so from our point of view, we'd very much welcome the new garage. Please consider this email as official support for your proposed project. Let us know of any questions. Thank you Mike. Scott & Natalia Falkum 3200 North Shore Drive 612-384-1027 12 From: Kristin Finney [mailto:kristinmfinney@gmail.comI Sent: Thursday, February 15, 20181:36 AM To: Mike Jones tmike@jones7.us> Subject: Re: Assistance with City of Orono Hi Mike, We support your garage project plans Best Regards, Kris & Mark Finney 3210 North Shore Drive Wayzata, MN From: Rick Born [mailto.Rick.Born@rbaconsulting.com] Sent: Sunday, February 11, 2018 11:58 PM To: Mike Jones <mke@]ones7.us> Subject: Re: Assistance with the City of Qrono Mike, Upon review, this all looks fine to me and I have no problem supporting it. let me know how else I can help. Thanks, Rick Sent from my iPhone 13 Date Application Received: 02/19/18 Date Application Considered as Complete: 02/19/18 60 -Day Review Period Expires: 04/20/18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 19 March 2018 Subject: #LA18-000015, Michael Jones, 3186 North Shore Drive Variance Public Hearing Application Summary: The applicant is requesting a hardcover variance in order to re- construct an existing non -conforming detached garage in a conforming location. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is the owner of the property. The new residence was constructed in 2009; the applicant proposes to tear down the existing deteriorating, nonconforming detached garage and build a new detached garage in a conforming location. In order to do so, a hardcover variance would be necessary. The property currently has a 28% hardcover taking into account the required, assumed hardcover to serve the detached garage. The existing garage does not have an existing improved (paved) driveway; the new detached garage would require hardcover for a driveway serving the garage. The proposed hardcover level would not exceed the existing level, including the assumed driveway. LOT ANALYSIS WORKSHEET Section 78-330 & 78-1279 — Detached Garage Setbacks: LR -1B Required Existing Proposed Rear/Street — Doors face away from the Existing 463 sf garage = 10' Existing = 10.9' New = 25' New 784 sf garage = 15' street. West Side Existing 463 sf garage = 10' Existing = 5.9' New = 37' New 784 sf garage = 15' East Side Existing 463 sf garage = 10' Existing = 142' New = 82' New 784 sf garage = 15' Lakeshore 75' Existing = +240' New = ±221' Average Lakeshore The existing and proposed garage are conforming with respect to the average lakeshore setback. F-11-1 -11-18-000015 11 Mar _018 I_lage -o_5 Section 78-1403- Structural Coveraee: Total Lot Area Total Structural Coverage 34,730 s.f. (acre) Allowed: 6,946 s.f. (20%) Proposed Existing: 3,362 s.f. (9.6%) Proposed: 3,683 s.f. (10.6%) Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 8,682.5 s.f. 9,735 s.f.* 9,699 s.f. Tier 1 34,730 s.f. (25%) (28%) (27.9%) *The existing hardcover reported includes 927 square feet of "assumed" driveway hardcover according to City Code Section 78-1683. Applicable Regulations: Hardcover Variance (Section 78-1700) The property has an existing nonconforming detached garage. Due to the condition, location, and appearance of the garage the property owner plans to demolish it and build a more functional garage in a conforming location. While the existing garage does not have an improved driveway, for hardcover purposes the Code assumes a minimum amount of hardcover to serve garages. Assuming the hardcover for the existing garage, the proposed garage will have a larger footprint, to meet the homeowners' needs, yet a smaller driveway to serve it due to the relocation at a conforming setback. The applicant has proposed to stay within the existing hardcover level —with the assumed hardcover. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variance requested is consistent with the general intent of the Ordinance. The FIE] EL1118F000015 10 Mar 0018 ❑age 3 o 5 requested hardcover variance is reasonable and necessary as the existing location of the garage is nonconforming, and the proposed location is conforming. The new garage will be located closer to the existing driveway resulting in less driveway hardcover. 2. The variance is consistent with the comprehensive plan. The variances to permit a detached garage to be constructed 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 uniqueness of the shape, the long narrow driveway neck, and the orientation of the subject property create difficulties for the property owner's reasonable request to rebuild a detached garage. b. There are circumstances unique to the property not created by the landowner; The unique shape of the property was not the result of actions by the landowner. The existing condition of the long thin neck of driveway to reach North Shore Drive contributes to the hardcover overages, and c. The variance will not alter the essential character of the locality. The hardcover variance will not alter the character of the neighborhood; there is an existing improvement on the property situated at a substandard setback which more directly impacting the neighbors to the south and west. The hardcover variance is reasonable and necessary as the most logical location for the improvement is closer to and adjacent to the existing driveway. The hardcover for the property will not increase above the existing hardcover level which includes the assumed driveway. 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 detached garage is an allowed use in the LR -113 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 unique shape and orientation of the Property is not common in the surrounding neighborhood. The long narrow driveway neck results in excess driveway hardcover without the proportionate land area to balance it out necessitate granting a hardcover variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The unique shape qualities of the Property are not common in the surrounding neighborhood. F - i L-18 000015 11 IMar _018 i ,age _ i o _5 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variance will provide relief to the applicant regarding the lot shape and existing conditions of 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 shape and orientation of the Property create practical difficulties affecting the Property; the variance is necessary and not merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist due to the property's unique shape and size. The existing detached garage can be legally reconstructed in the same footprint and location. While it doesn't exist currently, the assumed hardcover serving the existing garage could be constructed at any time by the property owner. The permitting requirements apply if the project results in over 50 cubic yards of disturbance. Therefore the applicant's argument regarding the use of the total assumed hardcover as "existing" hardcover level may be reasonable. Please review the applicant's hardcover analysis in Exhibit B. Their proposal includes maintenance of the hardcover at or below the existing plus assumed driveway hardcover level of 28%; correcting a setback encroachment by constructing a new, larger garage closer to the existing driveway. Staff supports the variance. Public Comments Public comments have been received and area attached as Exhibit H. 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? F -'A-1-18 000015 11 IMar _018 i_'age 5 0_5 Planning Staff Recommendation Staff recommends approval. The Planning Commission may consider the following alternative motions: 1. Approval. 2. Table for redesign (provide reasoning and direction). 3. Denial. List of Exhibits Exhibit A. Application Exhibit B. Project Narrative Exhibit C. Practical Difficulties Documentation Form Exhibit D. Existing Survey Exhibit E. Proposed Survey/Site Plan Exhibit F. Proposed Plans and Elevations Exhibit G. Submitted Hardcover Calculations Exhibit H. Neighbor Comments Exhibit 1. Property Owners List Exhibit J. Plat Map AGENDA ITEM Item No.: 14 Date: April 9, 2018 Item Description: LA18-000016 — Dale Gustafson o/b/o Erik Nafstad, 1370 Cherry Place, Variance — Resolution Presenter: Laura Oakden Agenda Consent Agenda City Planner Section: Purpose. This application is regarding a variance for retaining walls in the 75- foot lake yard setback. 2. MN§15.99 Application Deadline. The application was received on February 18, 2018; it was considered as complete on March 7, 2018. Therefore the 60 -Day review period expires on May 6, 2018. Background. The applicant has submitted an application to add retaining walls and landscaping to the shoreline of the property at 1370 Cherry Place. The property abuts Lake Minnetonka. It has a slope along the shoreline. There are currently above grade, wood stairs leading down the slope creating access to the Lake. The existing boat house is proposed to be retained. The applicant proposes to build new stairs to the lake around the boat house into the slope and add retaining walls to support the slope and stairs. 4. Planning Commission Comment. On March 19, 2018, the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Commission voted 6 to 0 in favor of a motion to approve the variance application. 5. Public Comment. One comment was submitted not in support of the variance which was reviewed as part of the planning commission public hearing. 6. Staff Recommendation. Staff recommends approval of the retaining wall lake yard variance with the practical difficulties findings made by the Planning Commission. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Survey Exhibit C. Public Commen Exhibit D. Draft PC Minutes Exhibit E. PC Staff Report References PC Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Property Owners List and Map Exhibit E. Public Comment Prepared By: 'Io Reviewed By: J. Barnhart Approved By: 5bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA18-000016 WHEREAS, on March ❑, ❑018, _]ale ❑-stalson o to I rik Nal_8tad impplicantm,] applied or a !❑ariance Tom the City Code or the property addressed 13❑D Cherry ❑lace and legally described as❑ Lots 5 and 6, ❑lock 11, S❑- ❑ HiLL R❑V:S❑❑, according to the recorded plat thereo[, Hennepin Col--Mty, Minnesota :hereina ter the aroperty---i WHEREAS, the ❑pplicants haEe made application to the City oi_]Orono I_or a Cariance to Orono M:Inicipal ❑oning Code Section C811 C❑Cto allo❑ constr❑ction oo-etaining ❑alts Cithin the-511eot lakeyard❑and WHEREAS, on March 1q -018, after pCblished and mailed notice in accordance Cith Minnesota Stati__tes and the City Code, the _Manning Commission held a pi blic hearing, at -hich time all persons desiring to be heard concerning this application !_!ere gil en the opportl_nity to speak thereon end WHEREAS, on March 1 F1 -018, the ❑tanning Commission recommended approi al oCthe Cariance❑and WHEREAS, on ❑pril ❑, ❑018, the City CoCncil reEje❑ed the application and the recommendations of -the -Manning Commission and City sta--I❑and NOW, THEREFORE, BE IT RESOLVED that the City Cooncil oi:Orono, Minnesota hereby approl[os the re-Eested-eriance as described aboCe based on one or more o0the Eollo❑ing findings o❑act concerning the ❑roperty❑ FINDINGS OF FACT: 1. ❑his application _-]as rete -ed as ❑oning File ::L❑18-000016. -]he analysis contained Jthin stat llnemos and the el_ hibits attached to the aoresaid memos, all min❑tes -nom the aboi-e mentioned meetings, and any and all other materials distrib❑ted at these meetings are hereby incorporated by reference. ❑'. ❑he I-iroperty is located in the LR 1-I ❑oning district. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. Che Croperty contains 0.5❑ acres in area and has a de[1ined lot ❑idth o❑100 Feet. ❑. Che ❑roperty is ❑ithin ❑ier 1 and hardcow er is limited to ❑5 ❑ according to the Storm Cater ❑ ❑ality O❑erlay ❑istrict. 5. r pplicant has applied or the lollo❑ing --8riance-9_❑I a. Retaining ❑alls located in the ❑5i❑oot lakeyard setback. 6. Cn considering this application or «riance, the Cooncil has considered the ad[7ce and recommendation o❑the ❑tanning Commission and the e❑ect o❑the proposed--ariance ❑pon the health, safety and ❑el Care o❑the comm pity, e:Jsting and anticipated traAC conditions, light and air, danger o❑fire, risk to the p❑blic safety, and the enect on ❑al❑es ol: property in the s❑rrol-hding area. ANALYSIS - 1. A/ariances shall only be permitted ❑hen they are in harmony ❑ith the general pCrposes and intent o❑the ordinance ....I= Fireserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. This will likely not alter the essential character of the locality. ❑. [Variances shall only be permitted . . . ❑hen the � 8riances are consistent 1 - lith the comprehensii a plan. -The proposed retaining walls are recessed into the earth to limit their visual impacts and support the stairs and slope on the property, maintaining the rural character of the lake. 3. Variances may be granted ❑hen the applicant ®r the :Aariance establishes that there are practical diAtElties in complying Cith the IEoning ordinance. I Hractical dio-Ltdties,Cas Esed in connection ❑ith the granting o❑a Cariance, means thati 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 owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The owner has proposed a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner and c. The variance, if granted, will not alter the essential character of the locality. " The variance to permit structure within the 75 -foot setback will help to maintain the existing slope and character of the area. G E=conomic considerations alone do not constit::te practical diEic'lties.❑ Economic considerations have not been a factor in the variance approval determination. 5. [EIractical di-cElties also incll❑de b❑t are not limited to inade❑-ate access to direct sF-:ilight [or solar energy systems. Variances shall be granted [dr earthlheltered constr-ction as deddhed in Minn. Stat. ❑ E16C.06, std. q ❑hen in harmony ❑ith Orono City Code Chapter 18.CThis condition is not applicable. 6. the board or the coCncil may not permit as a Eariance any Else that is not permitted Ender Orono City Code Chapter E8 ®r property in the -one Ehere the aEocted persons land is located.❑This condition is not applicable, as the use for a single family home with stairs for lake access is an allowed use in the LR -113 District. ITIhe board or co ncil may permit as a Fariance the temporary Fse of -a one ilamily d - telling as a t❑oF:amily d❑elling.-This condition is not applicable. 8. Ei0he special conditions applying to the strE dEre or land in EEestion are pecdiar to s❑ch property or immediately ad:oining property.❑The slope of the property combined with the pre-existing improvements is a unique condition to the subject property. L I111he conditions do not apply generally to other land or strEct❑res in the district in ❑hich the land is located.�:The subject property's specific slope is beginning to erode and stairs have become unsafe, creating conditions which do not apply to adjacent properties. 10. T=he granting o❑the application is necessary =cr the preserCation and en,-Oyment o❑a s-bstantial property right oCthe applicant. ❑Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. C1he granting o❑the proposed 18riance ❑ill not in any Cay impair health, salety, com-ort or morals, or in any other respect be contrary to the intent o❑this chapter. ❑Granting the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. lakeyard setback variance allowing the retaining walls within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 1 C. 10he granting oCsCch Cariance All not merely serCe as a conEenience to the applicant, bCt is necessary to alleCiate demonstrable di_dtAty.-The applicant has demonstrated practical difficulties which support granting the lakeyard setback variance to permit the construction of the tiered retaining walls and in-kind replacement of the stairs within 75 feet of the OHWL. CONCLUSIONS, ORDER AND CONDITIONS: Cased I-pon one or more o -the abol tidings, the Orono City Col-hcil hereby grants a Cariance to Orono M-hicipal Coning Code Section C81 C❑C to alto❑ retaining ❑alts in the C51Coot lakeyard, s❑bCect to the Collo❑ing conditions❑ 1. Co::hcil approCal is based on the entire record, aboEe Findings. C. - he appro: ed pro ect shall con -orm to the Landscape Constr ction plan dated Febri-ory 1-1, 1 018 SLbmitted by the ❑pplicants and annotated by City sta4 attached to this ResolAion as Exhibits A. 3. [--ny amendments to the plans ❑hich are not in conl_ormity -lith City codes may re=ire ❑=rther ❑fanning Commission and City CoChcil reEieC. C. C❑thorities granted by this resoldion rCh -lith the Croperty not -lith the ❑pplicants, bA are permissi _e only and m❑st be e-�rcised by obtaining a permit r the neo constr❑ction and commencing constrCction oCsaid pro:ect. ❑ permit mCst be issCed ❑ithin one year o❑the date o[Co�-ncil approl 1, or the Cariance ❑ill e�-pire on that date 11pril ❑, C01 ❑❑ 5. Violation o❑or nonLoompliance -lith any o❑the terms and conditions o-lthis resol-ltion may res -It in the termination o❑any a❑thority granted herein. C❑O❑C❑C by the Orono City CoChcil on this C day o❑❑pril, ❑018. ❑❑❑❑S❑❑ CITY OF ORONO: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL I� ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑nna Carlson, City Clerk ❑ennis Walsh, Mayor ■ f ■ ■ ■ l 196-' f � ■ f ■ U■ ■ (D ■ ■ ■ 964 DRAINAGE ■ 967 ■ — r, 960, Jf1f4 r OAK ` t � F [ M - lip i -.r�� w r-1�,i.wA ! M jw 4►'i�{ ME r 1 r r r� f i r' f/ 1/ fj�✓/���%J 1 1 � 7 J 1 i 1 � r t l I tl j rl f fr 1 f► �I ► E r .}: 1 1 � " I f f r r r 1 1 1 1 1 r ►r '! j r, ,- ► l r r rf I f l I r I f 945 f j; 1 rl J l fr loll s 4 9351 � 1 ► , • 950 1 4 sAF s4o f r ! C " 950 Boat House Deck 1 Lower level 934.56 ` CU per level 943.56 Deck Fall II I " ! I I ■ ` 1 ll t t 945 t "1 j 1 1 ■ 1 _ l � S r I II � " ■ - - - � � � �'fit .�`7 t � � � � t 1{ ! � � t � y �� ■ ` , 955 House ■ ■ � 1 � t i � ! " i ' t �9 � `�.� SCAF4J\JG E! I IA 960 �? ! r c ■ � � �'�. `� I ! I I i � i i i � � � � t ; f � ► r fff f 11 I ■ �.� � I � ' � i � � � k+ t � t tt ti i �' � ! t I ij � i � 0 ■ �, � � } � � � � � t � 1 t v �� ►� � � � i II f � 1 1 � P � � ! t 1 � _ 1 `� + •� '� 1 c�yti '� � i 1 �ti � '� '� � r � � � � I � r d i I + i r rf ■ f s y � �—�a` A;� { � � � 5 � , ` � � y ; I I � 1 1 rr� i , � 1 � � r j Id � � 1 I 1 r r f Ir ■� � � �� � j '` � � 1 ► '� �t tti j 1 � � � j� � P+ r 1 r j j id d 1 j � r J K i 1 t �',■ I � '� �. � l i i� � 1 J 1 d � r rl r! r � d i d;� f t i l " ■ ! i 1 1 �t 1+ i j l l � j r"+ I J Jl � d f" J JI + r P I k } i 96-1 ■ � ,,�� J ►; r P fP i 11 M f r P'P r r J 1 P I del 1 I I I ■ f� ,'' f!f ff irrr►I 1f�! 1 J��dd!? I� PrJIII It 1 } ■ / / 1 f r f► r t r r l P� 1 j r+ P', i� i I k ■ ,/ d f rl� 1 I,f 't; !'I 111 1 j f ;' l,, `1 1 ■ 2S ►11��'fr Irl 1�111di �� rte'"!e ■ � � ,� fl rf 1�1 ff rr r rr rJl rr jr '�11 f rr rf 1 I 1 f 1 1 �! ! Wall and Step details RECEIVED FEB 2 3 2010 CITY OF ORONO Wil. C ' Greendale Design x old hands at new design 1845 Wisconsin Ave. No. Golden Valley, MN 55427 Tel. (763)544-4215 All walls less then Oft tall Grades adjusted to steps Nafstad Family 1370 Cherry Lane Orono, MN55364 OHw First step 931.51 —flock base platform 931.01" Cz 0 C J , l , i 1+ 1` i S RECEIVED FEB 23?018 G>TY OF ORONO 0 8 16 Landscape Construction Scale; 1 inch = 8 feet February 21, 2018 ■ f ■ ■ ■ l 196-' f � ■ f ■ U■ ■ (D ■ ■ ■ 964 DRAINAGE ■ 967 ■ — r, 960, Jf1f4 r OAK ` t � F [ M - lip i -.r�� w r-1�,i.wA ! M jw 4►'i�{ ME r 1 r r r� f i r' f/ 1/ fj�✓/���%J 1 1 � 7 J 1 i 1 � r t l I tl j rl f fr 1 f► �I ► E r .}: 1 1 � " I f f r r r 1 1 1 1 1 r ►r '! j r, ,- ► l r r rf I f l I r I f 945 f j; 1 rl J l fr loll s 4 9351 � 1 ► , • 950 1 4 sAF s4o f r ! C " 950 Boat House Deck 1 Lower level 934.56 ` CU per level 943.56 Deck Fall II I " ! I I ■ ` 1 ll t t 945 t "1 j 1 1 ■ 1 _ l � S r I II � " ■ - - - � � � �'fit .�`7 t � � � � t 1{ ! � � t � y �� ■ ` , 955 House ■ ■ � 1 � t i � ! " i ' t �9 � `�.� SCAF4J\JG E! I IA 960 �? ! r c ■ � � �'�. `� I ! I I i � i i i � � � � t ; f � ► r fff f 11 I ■ �.� � I � ' � i � � � k+ t � t tt ti i �' � ! t I ij � i � 0 ■ �, � � } � � � � � t � 1 t v �� ►� � � � i II f � 1 1 � P � � ! t 1 � _ 1 `� + •� '� 1 c�yti '� � i 1 �ti � '� '� � r � � � � I � r d i I + i r rf ■ f s y � �—�a` A;� { � � � 5 � , ` � � y ; I I � 1 1 rr� i , � 1 � � r j Id � � 1 I 1 r r f Ir ■� � � �� � j '` � � 1 ► '� �t tti j 1 � � � j� � P+ r 1 r j j id d 1 j � r J K i 1 t �',■ I � '� �. � l i i� � 1 J 1 d � r rl r! r � d i d;� f t i l " ■ ! i 1 1 �t 1+ i j l l � j r"+ I J Jl � d f" J JI + r P I k } i 96-1 ■ � ,,�� J ►; r P fP i 11 M f r P'P r r J 1 P I del 1 I I I ■ f� ,'' f!f ff irrr►I 1f�! 1 J��dd!? I� PrJIII It 1 } ■ / / 1 f r f► r t r r l P� 1 j r+ P', i� i I k ■ ,/ d f rl� 1 I,f 't; !'I 111 1 j f ;' l,, `1 1 ■ 2S ►11��'fr Irl 1�111di �� rte'"!e ■ � � ,� fl rf 1�1 ff rr r rr rJl rr jr '�11 f rr rf 1 I 1 f 1 1 �! ! Wall and Step details RECEIVED FEB 2 3 2010 CITY OF ORONO Wil. C ' Greendale Design x old hands at new design 1845 Wisconsin Ave. No. Golden Valley, MN 55427 Tel. (763)544-4215 All walls less then Oft tall Grades adjusted to steps Nafstad Family 1370 Cherry Lane Orono, MN55364 OHw First step 931.51 —flock base platform 931.01" Cz 0 C J , l , i 1+ 1` i S RECEIVED FEB 23?018 G>TY OF ORONO 0 8 16 Landscape Construction Scale; 1 inch = 8 feet February 21, 2018 From: RNRifkin To: Laura Oakden Subject: RE: 1370 Cherry Place- Retaining wall Plans- Land Use Application #18-000016 Date: Wednesday, March 14, 2018 2:32:19 PM Attachments: Nafstad Construction 22118.odf Hello Laura, Thank you for providing the plan design document supporting the variances request for 1370 Cherry Place. Here are our comments Thank you for bringing them to the attention of the Planning Commission. We are not in favor of what appears to be an extensive footprint within the 75 foot setback. We would prefer a design with minimal footprint in the setback area. We are also concerned about future development of aging grandfathered structures that don't appear to be addressed in this plan. Will granting current variance requests limit possible future variance requests? We suggest consideration of a more comprehensive design that addresses improvements of aging structures certain to require future action. We are concerned about a piecemeal string of additional variance requests further encroaching into the setback area over time. Finally, we are concerned about setting precedent that encourages continual extensive variances that erode setbacks around Orono lakeshore which Orono ordinances are meant to protect. We appreciate the opportunity to provide our input. Sincerely, Chris and Ross Rifkin 1310 Spruce Place Orono, MN 55364 (952) 925-2520 From: Laura Oakden <loakden@ci.orono.mn.us> Sent: Tuesday, March 13, 2018 4:12 PM To: rossrifkin@gmail.com Subject: 1370 Cherry Place- Retaining wall Plans Hello Ross, Here is the submitted plan for the proposed retaining walls and stair replacement for 1370 Cherry Place. Please let me know if you have any questions or comments you would like to submit for the Planning Commission to consider. Thank you, Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 Email: loakden(@ci.orono.mn.us Website: www.ci.orono.mn.us MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. 5. LA18-000016 DALE GUSTAFSON,1370 CHERRY PLACE, VARIANCES, 7:18 P.M. — 7:35 P.M. Dale Gustafson, Applicant, was present. Oakden stated the applicant has submitted an application to add retaining walls and landscaping to the shoreline of the property located at 1370 Cherry Place. The property abuts Lake Minnetonka and has a slope along the shoreline. There are currently stairs leading down the slope creating access to the lake. These stairs would be removed as part of the project and new stairs would be constructed. There is also an existing boathouse the applicant is proposing to retain. Retaining walls are not permitted within 75 feet of the lake. As a result, the applicant is requesting a setback and hardcover variance. The applicant proposes to build new stairs to the lake around the boathouse and add retaining walls to support the slope. The plan includes multiple retaining walls running along the stairs and running along the slope. Oakden illustrated the location of the existing stairs and the proposed retaining walls. The applicant is proposing 17.9 percent hardcover in the lake yard. To date one comment against building in the lake yard in general has been received. The Planning Commission should discuss whether the applicant has met the standards for a practical difficulty to warrant a variance and whether the applicant has made an attempt to meet the City standards for stair access to the lake. Staff is recommending approval of the project, with screening of all the retaining walls be required to preserve the natural look of the shoreline when viewed from the lake. Schoenzeit asked whether there are any elevation drawings. Oakden stated there are no cross-sections of the plans but that essentially the applicant is looking to install stairs that would be embedded into the slope. The retaining walls are being requested to hold back earth. Schoenzeit asked if the retaining walls exceed four feet. Oakden stated the elevations vary but none of the rocks will exceed four feet. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Dale Gustafson, applicant, stated he is the landscape designer for this project and that this lot is a typical kind of problematic lakeshore lot with a steep bank. Currently the slope is just a collection of weeds and invasive trees and that there is the typical problem with trying to maintain that. In addition, the existing stairway is beginning to deteriorate and needs to be replaced in some shape, manner or form. The walls that were originally installed were substandard and the stairs going down to the boathouse are sinking and are not very safe or useful. Gustafson stated it is the property owner's plan to resurface and redo the boathouse and then install the stones more into the ground. Gustafson indicated they are anticipating using granite slabs. The retaining walls are simply to retain the soil on either side of the stairs. Gustafson noted as someone comes up the stairs, the wall might be nonexistent on one side and on the other side it could be two feet high. Gustafson stated the idea is to plant vegetation around the retaining walls and stairs so they are not very visible. Oakden displayed a picture of a sample stone stairway. Gustafson indicated it would consist more of stone outcroppings to control the slope. Thiesse asked if it will be similar to what is depicted. Gustafson stated it will be. Gustafson pointed out the boathouse will block the view of the stairs from one side of the lake. Gustafson stated at this time of the year there is not much vegetation but that they do plan on putting some wooded shrubs in there to help screen it during the winter. Chair Thiesse opened the public hearing at 7:28 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:28 p.m. Thiesse stated it does not appear there is a railing around the boathouse at the top or access. Gustafson indicated the access will be up at the top of the boathouse and is depicted on the plan. The access will consist of three stepping stones and there will be a railing around there. Lemke commented it is an improvement from what is there now and that what currently is there is not very attractive or safe. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Landgraver stated his initial reaction was that the snaking design creates the need for the retaining walls and that a stairway straight down would requires less hardcover. Landgraver stated the mitigating factor is the fact that it comes down and goes behind the boathouse, which helps reduce the massing effect. Thiesse stated he is in agreement with Commissioner Landgraver and that he is not a big proponent of wooden stairs. Leskinen stated the look of the stone stairs with the plants around it is an improvement but that she has a concern with the amount of hardcover and whether that might speed up the runoff down to the lake. Schoenzeit questioned whether the overall project should be reviewed by the City Engineer even though it is under four feet. Oakden stated if it under four feet, the applicant would need to submit plans for a zoning permit but it would not be reviewed by the City Engineer. Thiesse asked if the City Engineer looks at all applications. Schoenzeit commented it would be nice to have it vetted by an engineer and that the Planning Commission could encourage the applicant to supply documentation. Barnhart stated the City Engineer will review the grading and drainage but that he will not look at a retaining wall that is less than four feet in height. Gustafson stated the stairway and wall will be constructed from a barge off the lake. Gustafson stated when the bigger rocks are placed to retain the grade, there will be drainage rock behind them, which will help capture some of the water. If the stairway is straight, the water will go straight down and lead to erosion. Gustafson noted they will have to do some slight grading and that they will add more vegetation to help hold the bank in there. Gustafson stated the company has been around a long time and that they want to do it right the first time around so repairs do not need to be made. Lemke moved, Leskinen seconded, to recommend approval of Application No. LA18-000016, Dale Gustafson, 1370 Cherry Place, granting of a 0-75 foot lake setback variance. VOTE: Ayes 6, Nays 0. Date Application Received: 2.19.18 Date Application Considered as Complete: 3.7.18 60 -Day Review Period Expires: 5.6.18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner Date: March 19, 2018 Subject: LA18-000016, Dale Gustafson o/b/o Erik Nafstad, 1370 Cherry Place, Variance, Public Hearing Application Summary: The applicant is requesting to construct a retaining wall in the 75 foot lakeyard setback Staff Recommendation: Planning Department Staff recommends for the Planning Commission to discuss the practical difficulties for retaining walls in the lakeyard. Background The applicant has submitted an application to add retaining walls and landscaping to the shoreline of the property at 1370 Cherry Place. The property abuts Lake Minnetonka. It has a slope along the shoreline. There are currently stairs leading down the slope creating access to the Lake. There is also an existing boat house they are proposing to retain. The applicant proposes to build new stairs to the lake around the boat house and add retaining walls to support the slope. This plan includes multiple retaining walls running along the stairs and running along the slope. LOT ANALYSIS WORKSHEET Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 23,590 s.f. 5,897.5 s.f. 4,089 s.f. 4,239s.f. Tier 1 (0.54 acre) (25 %) (17.3 %) (17.9%) Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75' of the lake, therefore the applicant is requesting a setback and hardcover variance. The applicant's plan involves replacing the existing stairs, replacing the existing retaining walls, and constructing additional retaining walls. The applicant is hoping to proactively prevent any further erosion and potential failure of the lake yard with tiered retaining walls to stabilize the area. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the L-18 000016 3.1 i 1.18 i age Jo i 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. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. This will likely not alter the essential character of the locality. 2. The variance is consistent with the comprehensive plan.. The proposed retaining walls are recessed into the earth to limit their visual impacts and support the stairs and slope on the property, maintaining the rural character of the lake. 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 owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner and c. The variance will not alter the essential character of the locality. The variance to permit structure within the 75 -foot setback will help to maintain the existing slope and character of the area. 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 single family home with stairs for lake access is an allowed use in the LR -113 District. L-18 000016 3.1 u.18 i_'age 3 o_i 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 slope of the property combined with the pre-existing improvements is a unique condition to 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 subject property's specific slope is beginning to erode and stairs have become unsafe, creating conditions which do not apply to adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the lakeyard setback variance allowing the retaining walls within the 75 -foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has demonstrated practical difficulties which support granting the lakeyard setback variance to permit the construction of the tiered retaining walls and in-kind replacement of the stairs within 75 feet of the OHWL. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is connected to sanitary sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff is suggesting approval of the project with screening of all of the retaining walls be required to preserve the natural look of the shoreline when viewed from the lake. Public Comments To date, one comment against development in the lake yard in general has been received. Issues for Consideration 1. Has the applicant met the standards of practical difficulties to warrant a variance? 2. There are many variations of design to provide stair access to the lake. Has the L-18 000016 3.1 u.18 i_age _io_u applicant made an attempt to meet the city standards for stairs access to the lake? 3. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Access to the lake is activity contemplated by the zoning ordinance. However, there are other options to stone stairs built into the steep slope, including wood stairs on pillars, in this case requiring additional hardcover in the lake yard. The Planning Commission should discuss whether the practical difficulty standards are met with the proposal. If the commission finds practical difficulties apply then a motion should be made for approval of the variance request. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey/Site Plan Exhibit D. Property Owners List and Map Exhibit E. Public Comment AGENDA ITEM Item No.: 15 Date: April 9, 2018 Item Description: LAI 8-000019 —Mark Williams o/b/o Mary and Mark Enger, 2697 Casco Point Road, Variances — Resolution Presenter: Laura Oakden Agenda Consent Agenda City Planner Section: 1. Purpose. The applicant is requesting a 75 -foot Lakeyard setback, Hardcover in the Lakeyard, Lot Area, and Lot Width variances. 2. 15.99 Deadline. The application was received on February 28, 2018; it was considered complete on March 2, 2018. Therefore the 60 -day review period expires on May 1, 2018. Background/ Summary. The application is proposed to demolish the exiting home and construct a new single family house. The proposed home sits partially within the footprint of the exiting home. The applicant is asking for variances to center the home on the lot with creates a new encroachment into the 75 -foot lakeyard with the porch and corresponding increased hardcover. The applicants are also are requesting lot area and lot width variances for the non -conforming lot. The applicant also requested an average lakeshore setback variance to allow the new home to encroach 1.5 feet into the setback. The Planning Commission did not support that variance and suggested the applicant bring the home back away from the OHWL to meet the average lakeshore setback. The applicants updated their plans to reflect recommendation of the Planning Commission. The new structure will encroach approximately 126 sq ft of the single story porch is within the 75 lake yard. 3. Planning Commission Vote and Comment. On March 19, 2018, the Planning Commission held a public hearing and reviewed the application. The Planning Commission noted that this lakeshore lot is lower in the street third of the lot, forming a bowl, which limits the building envelope of the lot. The Planning Commission voted to 5-1 to approve the 75- lakeyard setback, hardcover in the lakeyard, lot area, lot width, subject to the conditions of the City Engineer, and to deny the average lakeshore setback request. The application amended their plans to move the home to meet the average lakeshore setback requirement. 4. Public Comment. No public comments were received. 5. Staff Recommendation. Staff recommends approval of the requested variances with the findings made by the Planning Commission. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Updated Survey Exhibit C. Draft PC Minutes Exhibit D. PC Staff Report Prepared By: L. Oakden Reviewed By: J. Barnhart Approved By: -TV AGENDA ITEM References PC Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey and Elevations Exhibit D. Project Narrative Exhibit E. Property Owners Acknowledgement Form Exhibit F. Comments from the Public Exhibit G. Property Owners List and Map Exhibit H. Photos Prepared By: L. Oakden Reviewed By: J. Barnhart Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350, 78-1680, 78-1279 FILE NO. LA18-000019 WHEREAS, on March , 018, Mark Williams oib o Mary and Mark i nger CIDpplicants--- applied :or a ❑ eriance rom the City Code ®r the property addressed —6--1 Casco oint Rd and legally described as❑ Lot q ❑❑❑CORS S❑❑❑C\/CSION ❑65 Hennepin CoCnty, Minnesota-hereinaterthe Troperty❑IF WHEREAS, the pplicants ha e made application to the City o❑Orono or a ❑ariance to Orono M -nicipal -oning Code Section E18 11 111111 to allo❑ a ne❑ str❑ctilre Cor a porch 66 Ceet rom the OHWL hich is ithin the 5 ilakeyard setback Eland WHEREAS, the applicants ha e made application to the City o❑Orono Cor a ariance to Orono Municipal i oning Code Section 8 1680 to allo❑ ro ighly 1 L6 s❑Llare IOet o❑ hardco er in the ❑5❑lakeyard setback and WHEREAS, the ❑pplicants haEo made application to the City o❑Orono -or a ariance to Orono M nicipal ❑oning Code Section C8L350 For lot area and lot --lidthFiand WHEREAS, on March 1 '� 018, alter p blished and mailed notice in accordance ith Minnesota StatLtes and the City Code, the ❑lanning Commission held a p blic hearing, at hich time all persons desiring to be heard concerning this application ❑ere gi en the opport nity to speak thereon❑and WHEREAS, on March 1 q 11018, the ❑lanning Commission recommended appro-al o❑the Cariances❑and WHEREAS, on ❑pril q 11018, the City CoEhcil retie❑ed the application and the recommendations o❑the ❑lanning Commission and City sta❑❑and NOW, THEREFORE, BE IT RESOLVED that the City Co❑ ncil o --Orono, Minnesota hereby appro es the re❑❑ested ariance as described abo e based on one or more o❑the ollo❑ing liindings o❑lact concerning the -roperty CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. FINDINGS OF FACT: 1. -this application -las rel-ie❑led as ❑oning File L❑181.00001 ❑. -he analysis contained -lithin staiTJnemos and the eChibits attached to the aCeresaid memos, all minCtes !nom the abo❑e mentioned meetings, and any and all other materials distribEted at these meetings are hereby incorporated by reference. ❑. ❑he ❑roperty is located in the LRFJC ❑oning ❑istrict. 3. ❑he ❑roperty contains 0. -11:1 acres in area and has a defined lot ❑idth o❑60.5 Feet. E. ❑he ❑roperty is ❑ithin ❑ier 1 and hardco❑er is limited to ❑5 ❑ according to the Storm❑ater --ality OLerlay ❑istrict. 5. ❑pplicant has applied :or the Cello❑ing-arianceilsfD a. ❑50Lakeyard Setback b. Hardcol-er in the Lakeyard c. Lot ❑rea d. Lot Width 6. In considering this application or -ariance, the Corncil has considered the adCice and recommendation o❑the ❑fanning Commission and the effect o❑the proposed variance I_pon the health, safety and ueLare o❑the community, eusting and anticipated trallic conditions, light and air, danger o- dire, risk to the p-blic safety, and the erect on -al es o❑property in the s-rrornding area. ANALYSIS: 1. !Variances shall only be permitted L -Then they are in harmony I -lith the general pl-poses and intent oFthe ordinance ....f7he applicant is proposing to construct a new single family home in a residential lot which is consistent with the intent of the ordinance. The lot width and lot area variances are consistent with the general intent of the ordinance. Due to the unique grading on the street side of the lot and the dip in the shoreline on the lakeside. The building footprint of the lot is constrained. The 75 foot lakeyard setback and hardcover seem reasonable and in harmony. E. [Variances shall only be permitted . . . ❑hen the I: eriances are consistent I lith the comprehensi� plan.-. The variances resulting in a permit for a new single family residence in a residential zone that is moving farther away from the lake then the existing home is consistent with the Comprehensive Plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. [Variances may be granted I❑hen the applicant For the i_ ariance establishes that there are practical di II :1ties in complying ❑ith the -oning ordinance. -i ractical diUc7ties,Cas Fsed in connection ❑ith the granting oEo ariance, 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 property owner is proposing to use the property in a reasonable manner by replacing the existing residence with a new home which has less hardcover then existing and the new home will be moved farther from the lake compared to the existing home meeting the average lakeshore setback; the size and width of the lot is below the minimum lot size standards of the Zoning Code. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the property owner is due to the existing substandard lot size and shape, and its proximity to the lake. ❑Ind c. The variance, if granted, will not alter the essential character of the locality. " The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes. ❑. economic considerations alone do not constitile practical di[kE]ties.0 Economic considerations have not been a factor in the variance approval determination. 5. Ialractical diEcdties also incl❑de bEt are not limited to inadeMate access to direct sAlight for solar energy systems. Variances shall be granted or earft Sheltered constriction as defined in Minn. Stat. 116C.06, sFbd. l ❑hen in harmony lith Orono City Code Chapter CB.EThis condition is not applicable. 6. the board or the colincil may not permit as a :ariance any Else that is not permitted Ender Orono City Code Chapter E8 [-or property in the Cone 1 -here the aLlocted persons land is located.❑This condition is not applicable, as the use for a single family home is an allowed use in the LR -1C District. L LEhe board or coEncil may permit as a Eariance the temporary Ese oCa oneC:amily d-]elling as a t❑oEamily d❑elling.-This condition is not applicable. 8. Ohe special conditions applying to the str❑ctEre or land in ❑Cestion are pecdiar to sich property or immediately adoining property.❑The size and grading of the lot as well as its orientation along the curve of the lake and Casco Point Road creates a unique circumstance which is peculiar to the Property. E Ei7-he conditions do not apply generally to other land or strCct!-i-es in the district in ❑hich the land is located. -]The size and grading of the lot as well as its orientation along the curve of the lake and Casco Point Road creates a unique circumstance which is peculiar to the Property. 10. C -the granting o❑ the application is necessary !-or the preserEstion and en'oyment o'Da s-bstantial property right of he applicant.❑Staff finds this condition to be true. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 11. ❑=the granting o❑the proposed ariance [Dill not in any nay impair health, saFOty, com=ort or morals, or in any other respect be contrary to the intent o❑this chapter.❑Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 1 C E11he granting o❑s-lch -lariance All not merely serCe as a con -lenience to the applicant, bA is necessary to alleliate demonstrable di❑tcdty.❑The size and grading of the property; its position along Casco Point Road and the lakeshore, limits the building envelope for the homeowners; the variances would alleviate difficulties which pertain to this lot CONCLUSIONS, ORDER AND CONDITIONS: Cased Ikon one or more o-lthe abo❑e ihdings, the Orono City CoEhcil hereby grants a ariance to Orono M-:hicipal oning Code Section -81-350, ❑& 1680, -811 = FlFlto allot i a ne❑ home in the ❑5Eoot lakeyard setback, hardcoar in the lakeyard, lot area and lot -lith, sect to the Collo❑ing conditions:] 1. CoF-:ncil approLal is based on the entire record, abol_o Findings. C. Che approCed proLoct shall con Lorm to the slrCey dated March ❑1, L-1018 and b-ilding plans sCbmitted by the ❑pplicants and annotated by City staff❑� attached to this Resolltion as Exhibits A 3. ❑he site shall con Corm to all C[:ilding Code re❑lirements to create an indilddCal seller connection :or the property. C. ❑ny amendments to the plans ❑hich are not in conformity Cith City codes may reo-ire IT-Aher ❑tanning Commission and City CoChcil re❑ie❑. 5. ❑❑thorities granted by this resol❑ tion rEin -lith the ❑roperty not -lith the ❑pplicants, b❑t are permissila only and mist be el-ercised by obtaining a bLilding permit I_or the ne_I constr-ction and commencing constr❑ction o❑said proCect. ❑ Ldaming inspection must be completed i iithin one year o❑the date o❑CoLhcil approLal, or the i❑ariance ❑ill e-pire on that date ❑Ipril ❑, _01 Fl -1 6. Violation onor nonCcompliance -lith any oCthe terms and conditions oFthis resol' tion may resElt in the termination o❑any aCthority granted herein. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ❑❑0❑1111- by the Orono City CoEhcil on this ❑ day o❑❑pril, 11018. ❑❑❑❑S❑❑ ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑nna Carlson, City Clerk CITY OF ORONO: ❑ennis Walsh, Mayor The Gregory Group, Inc. INVOICE NO. 87391 d.b.a. Proposed Bulldmq Hardcover Proposed Hardcover F.B.NO. 1097-30 LOT SURVEYS COMPANY Lot area to OHW = 20,509 sq ft Lot area to OHW = 20,509 sq ft SCALE: 1" = 20' Established in 1962 LAND SURVEYORS Building = 2,427.5q ft Building = 2,435 sq ft REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA Rear Porch = 350 sq ft Driveway = 2, l 24 sq ft • Denotes Found Iron Monument 7601 73rd Avenue North (763) 560-3093= _ Fireplace 6 sq ft Rear Porch 350 sq ft O Denotes Iron Monument Minneapolis, Minnesota 55428 Fax No. 560-3522 �uruP��r� C�Pr�tfira�P Total — 2753 sq ft Front Walk _ 69 sq ft Percentage l 3.57% Fireplace 6 sq ft ��Denotes Existing Contours Q Landing to Site Plan For: Lake Steps = 75q ft / \ \ No. 269 / Deck at Lake = / 12 sq ft x000.0 Denotes Existing Elevation \ \\ Tota/ = 5, / 06 sq ft 000.0 Denotes Proposed Elevation MARK D. WILLIAMS CUSTOM HOMES / \\ ` Percenta e = 24.90% Basis for � Denotes Surface Drainage � g bearings is \ \ assumed //\\ \ Garage Address: 2697 Casco Point Road, Orono, MN Property located in Section / \ Proposed grades are subject to results of soil tests. Proposed 20 Township117 Range 23 / / \ Benchmark: Top nut of hydrant located on Casco Point Road at the building information must be checked with � g \ g ' approved building plan Hennepin County, Minnesota // // j/ \ southeast corner of property. and development plan before excavation and construction. Elevation = 958.83 feet Proposed grades shown on this survey are interpolations of �' proposed contours from the grading and/or development plans. �� ��� �0 / \ \ ��t The relationship between prop. floor elev. to be verified by builder. Property zoned LR -1C (one family lakeshore residential /2 acre). \ Lot is nonconforming. 945.69 Proposed First Floor tr18"l O"l 5"cedar p - — � , — ' — — — — _ \ �-Building setbacks for nonconforming lots: 943.3 — — — — \ N Proposed Top of Block // 4 _______ Front=30 feet Side = 7.5 feet 943.0 p g 2 Proposed Garage Floor 0 / / /J // ( 1 t n6"9'cedar \ \ ` ` 935.3 Proposed Lowest Floor Type of Building Fullbasement wm7"/0'cedar \ 943.0 \ \ dr, 7 "l c �� ��9 l // Flag 642.5 Fence north of fine 0.6' R) //(Pole / IS 943ru . YIP� / o / 12' �� 942,5 shorelme //� \� 929.1 // / ry� 75'setback from 0l1W shorelme 0' / � 929.l Q) �� /i / / r2. 'tee v \�V / / twml6 /e \ s' C / /937.8 // / 6 �6 S 1 / 33 S \ Porch SOS„ Proposed r 011 l \ \ 9� >b k 93 l �� P / �' l Residence !y cb rim l DrarntdeSump �� (o / V l 24" cant ap 937.39 l A % M \ \ e o \ U \ \ \ Legal Description: \ \ \ Lot 4, AUDITORS SUBDIVISION 265 \ \ \ Hennepin County, Minnesota \ \ The only easements shown are from plats of record or information provided by client. I certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed land Surveyor under the laws of the State of Minnesota. Surveyed this 19th day of February 2018. co ('4 d CO O c+� o) n/ o(V O 0 Q0� f (O rlydrant r(r/nn�v Top Nut = 956.63�J V Signed /� A�� Greg r R. rasch, Minn. Reg. No. 24992 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval tomove forward. 03/06/2018 1:09:17 PM 12 I-011 4� - 21_011 QuiaC■: uoklaq 1I - �ili1 - ■1� 3163 3777 Li ------------- ------------- 21-011 31-0° 0 1 MMI Max-IMM611-010k. '�III.11 I I I I �� {� :;I��y� :;I�.y;I LI■.I■■I■�INNI�..y1■.I�■.yll■f1�\ib_ �+iliol i■i���+i �ii ���`i■i��■iii�■i ���NEIINION`i�■�� �`i+i � 'iMIM± 111111 +i � 11 i'�■.__ I I■+I1■11■III■III��i�i�iu.11■111`11■III■11■11 11■11■11■11lu�iu��1��_ I�1` 1nI1�■I�1��1�■����I��I�■� I������I��I���l����r:�--1.�� IEMMI01 3163 3777 - _ - _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.. - - . - - - - - - - - -_- - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - _ - - - - - - - - _ - - ------ - --- - - _ -------------------------------------------------- ----------------- IN - - - - - - - - - - - 11 LEFT ELEVATION RIGHT ELEVATION 56ALE � 1/8" = 11-011 u 1 u 56ALE:1/8 =1-0 LAKE ELEVATION SCALE: 1/411 = 11-011 EXTERIOR NOTES FLASHING NOTES 6 KICKOUT FLASHING TO BE INSTALLED AS NEEDED BY ROOFING CONTRACTOR • EXTERIOR WALL FIN15HER TO VERIFY THAT KIGKOUT FLASHING 15 IN5TALLE19 PRIOR TO FINI5HIN6 • CARPENTER TO FLASH ALL EXTERIOR WINDOW5 & 120OR5 PER MN & IRC CODE REQU IREMENT5 WINDOW NOTE5 XXXX WINDOW5 66 CODE MIN. U VALUE = 0.32 MIN. STHG = 0.35 • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 5GHC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR 6 BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HT5. • WINDOW WELLS WITH A VERTICAL DEPTH OF MORE THAN 4411 MUST BE EQUIPPED WITH AN APPROVED LADDER EXT. FINI5HIN6 NOTES • XX SIDING/ 5HAKF-5 XX 811&311 FASCIA UNLESS NOTED OTHERWISE 6 XX SOFFIT W/ VENT5 6 XX TRIM XX 5HINGLES -----8,112— 4 12 -------------------------------------------------- - �;� JPO ENE S � N EELS / 0 31411 3759 12 Q.H. 4 12 14 PIP, STP. WINPOW HT. 31411 3759 FRONT ELEVATION SCALE: 1/411 = 11-011 11 141-711 11 1,634 50. FT. F.F. 01 S.F. oil TOTAL XXXX 50. FT. L.L. FIN. XXXX 50. FT. TOTAL 350 50. FT. 3 SEASON PORCH 653 50. FT. BONUS ROOM 4 12 14 PIP, STP. WINPOW HT. 31411 3759 FRONT ELEVATION SCALE: 1/411 = 11-011 11 141-711 11 1,634 50. FT. F.F. 1.371 50. FT. S.F. 3,005 50. FT. TOTAL XXXX 50. FT. L.L. FIN. XXXX 50. FT. TOTAL 350 50. FT. 3 SEASON PORCH 653 50. FT. BONUS ROOM oCID �o SECOND FLOOR _ - aMV N FIRST FLOOR GEIL. 5TD. WINDOW & PR. HT. o a, FIRST FLOOR _ e�vV BASEMENT GEIL. 5TD. WINDOW & DR. HT.� BA5EMENT FLOOR 0 _CIO 0 _ro BONUS ROOM GEIL. BONUS ROOM WINDOW HT. BONUS ROOM FLOOR RMV r � N GARAGE GEIL. M :5 Ito It U In z Cr)CD z w oo UJ z log r� CZ a V J LL z .. m _x v J 00 li �- a ww :� � w 0U) oes w� z O U y- � N z0 V' cD 0o W C0 Z2�oa o d co LL r• Z�orr; a am LL � 0 0 mt Qarnww 7-00 O O W Fil wE4O q z co '-" 0 Z �aZ N+�I C 0 guz C\2 W DATE: 3-6-18 REVISIONS: DRAWN BY: KH COMM. NO. 217338 SHEET NO. I REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 03/06/2018 1:09:28 PM SEE EN6INEERIN6 PAGES 51 -SX FOUNDATION PLAN SCALE; 1/4"=I' -O" EXTERIOR DIMENSION ARE FROM EXTERIOR OF FOUNDATION WALLS AT FULL BASEMENT AREAS AND A5 NOTED AT FRAMED WALLS AT LOOKOUT AND WALKOUT AREAS BASEMENT FINISHED XXXX 50. FT. BASEMENT UNFIN151-1E0 XXXX 50. FT. WINDOW & DOOR NOTES • XXXX WINDOWS CODE MIN. U VALUE = 0.32 MIN. 5THC = 0.35 • •• ALL WINDOW5 SET AT 81-0" UNLE55 NOTED OTHERWISE • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 5614C, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HT5. • WINDOW WELLS WITH A VERTICAL DEPTH OF MORE THAN 44" MUST BE EQUIPPED WITH AN APPROVED LADDER GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN SIDE OF ANY STAIR MORE THAN 30" ABOVE FLOOR • ALL OPENINGS LE55 THAN 4" AT ALL GUARDRAILS FLOOR 515TEM NOTE5 • ALL FLOORS TO BE L/480 • FLOOR TRU55 MANUFACTURER TO VERIFY FRAMING BELOW GRANITE TOPS, TU135 & TILE AREAS ABOVE • FLOOR TRU55 MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE IN TRUSSES • BUILDER TO PROVIDE CITY WITH TRU55 LAYOUT PLANS FOUNDATION WALL & FOUNDATION INSULATION NOTE5 • 91-0" POURED FOUNDATION WALLS W/ SINGLE PLATE • BASEMENT FLOOR RAISED TO TOP OF WALKOUT STEM WALL • A55UMED 501L BEARING CAPACITY 2,000 LBS • MAINTAIN 42" MIN. GRADE ABOVE FOOTING • BOTTOM OF DECK & PORCH FOOTIN65 TO BE 72" BELOW GRADE • MA50NRY CONTRACTOR TO VERIFY WALL & FOOTING REQUIREMENTS WITH 51TE CONDITION5 • MA50NRY CONTRACTOR TO VERIFY ALL WALL AND FOOTING REQUIREMENTS AT ALL UNBALANCED BACKFILL LOCATIONS FX SEE FOUNDATION WALL DETAIL ON PAGE DI N X INDICATES DISTANCE FOUNDATION 15 HELD IN FROM 5HEATHIN6 ABOVE • FOUNDATION WALLS HELD IN FROM SHEATHING ABOVE A5 INDICATED BY FOUNDATION WALL DETAIL • SILL PLATE OVERHANGS FOUNDATION I #" MAXIMUM SEE FOUNDATION WALL DETAIL5 (WHEN TRTD 2X8 PLATE 15 U5ED) • SEE FOUNDATION WALL DETAIL5 FOR FOUNDATION WALL INSULATION (R-10 EXTERIOR/ R-5 INTERIOR) 5HEETROCK & IN511JLAT ION NOTE5 • GYP. BD. REQUIRED AT ENTIRE CEILING (EXCEPT 80 50.FT. MAXIMUM AT MECHANICAL) • V GYP. BD. AT WALLS & CEILING BELOW STAIRS • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN. " GYP. BD. AT HABITABLE AREAS FRAMING NOTES • 8'-9 1/2'' PLATE HEIGHT UNLE55 NOTED OTHERW15E • 2X6 5TUD5 @ POCKET DOOR WALLS UNLE55 NOTED OTHERW15E • DOUBLE 5TUD5 AT ALL WINDOW & PATIO DOOR HEADERS UNLE55 NOTED OTHERW15F • PROVIDE LVL/L5L SOLID BLOCKING AT ALL POINT LOAD5, SUPPORT BEAMS, MICROLAM5, & GIRDER TRUSSES TO FOUNDATION • PROVIDE FIRE BLOCKING VERTICALLY @ CEILIN65 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONCEALED 5PACE5 @ SOFFITS, DROPPED CEILINGS, BETWEEN STAIR STRINGERS & BETWEEN STORIES) • PROVIDE DRAFT STOPPING BETWEEN STORIES DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXCEEDING 1.000 SOFT. SMOKE AND CAR60N MONOXIDE DETECTORS • PROVIDE SMOKE DETECTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 ACCE55 TO THE BEDROOM ON EACH FLOOR INCLUDING THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORRIDOR GIVING ACCESS TO THE BEDROOMS. • PROVIDE CARBON MONOXIDE DETECTOR5 WITHIN 10'-0" OF ALL BEDROOM5 rn 7�; 'Q -O Ito Lo zLn �00 (nCO z w 0 a -CO -w� wo z p Z _j w C_3 m z X a J w O Q w w �w �N W w E-4 O q z co 0-4 Pq Z Jaz i�+••I C guz C\2 w DATE: 3-6-18 REVISIONS: DRAWN BY: KH COMM. NO. 217338 SHEET NO. 2 U REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. �o m 03/06/2018 1:09:28 PM 96'-6" 1_ 12'-6" 331-6" 501-6" 1 121-6" 41'-0" M 32'-0" rn 0 �o �o Ln z Ln Lo cD o (n00 z w 0 a -co -w� wo z @ r� Z i Jw C_3 m z X a (DJ w O Q w w � w �N 0t w75 w z o v� z o � (D o w E' co Zoo _Owm Z o �; a Qm LL J o O m 0 Ci amw� 5EE ENG (NEER IN6 PAGES 51-5X F I R 5T FLOOR PLAN 56ALE : 1/4"4-011 I'-0" EXTERIOR 12IMEN51ONS ARE 5HEATHIN6 TO 5HEATHIN6 FIRST FLOOR FINISHED 1,634 50. FT. GARAGE 815 50. FT. 3 5EA50N PORCH 350 50. FT. WINDOW & DOOR NOTE5 Z 0.i 4 •XXX •• CODE MIN. U VALUE = 0.32 MIN. 5TH6 = 0.35 W H 0 • ALL WINDOWS SET 8'-0" UNLESS NOTED OTHERWISE A Z W • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 1--1 56HC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR a Z • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. W Z • FP = PROVIDE FALL PROTECTION @ OPERATING WINDOWS �y 0 GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN 51DE OF ANY STAIR MORE THAN 30" ABOVE FLOOR U) 0 � Z • ALL OPENIN65 LE55 THAN 4" AT ALL 6UARDRAIL5 w 0 FLOOR 5Y5TEM NOTE5 • ALL FLOORS TO BE L/480 Z • FLOOR TRU55 MANUFACTURER TO VERIFY FRAMING BELOWr , GRANITE TOPS, TUBS & TILE AREAS ABOVE 1+1 • FLOOR TRUSS MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE IN TRU55E5 • BUILDER TO PROVIDE CITY WITH TRUSS LAYOUT PLANS U FRAM IN6 NOTE5 • 9'-1 8" PLATE HEIGHT UNLE55 NOTED OTHF-RW15E • 2X6 5TUD5 @ POCKET DOOR WALLS UNLE55 NOTED OTHERWISE • DOUBLE 5TUD5 AT ALL WINDOW & PATIO DOOR HEADERS UNLE55 NOTED OTHF-RW15F • PROVIDE LVL/L5L 5OL ID BLOCKING AT ALL POINT LOAD5, SUPPORT BEAMS, MICROLAM5, AND GIRDER TRUSSES TO FOUN12AT ION • PROVIDE FIREBLOCKING VERTICALLY @ GEILIN65 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED GEILING5, BETWEEN STAIR 5TRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT STOPPING BETWEEN 5TORIE5 DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXCEEDING 1,000 SOFT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS DATE: 3-6-I8 REVISIONS: BENCH I W. I.C. DRAWN BY: KH SMOKE • • AND CAR60N MONOXIDE DETECTORS PROVIDE SMOKE DETEGTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 AGGE55 TO THE BEDROOM ON EACH FLOOR INCLUDING THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORR I12OR G IV ING AGGE55 TO THE BEDROOMS. PROVIDE CARBON MONOXIDE DETECTOR5 WITHIN 10'-0" OF ALL BEDROOM5 COMM. NO. 217338 SHEET NO. 3 G.TILE _ 28 I I I 24 I I I o I I o, O W 9'-1 I /8" 2 N GE IL. HT. N MUD C.T ILE _ 1�J❑❑ i ------------ m IIII �i� _ o 1 ----------- -----------IIIIz REF N l II BUTLERS I I PANTRY 24 -, T„ III I I G.TILE 112 W. I.P. W III II .0. 0-3" WALL HT. _ G.TILE r i-i---------------� r---------------------------------- 19 XS GARAGE DOOR I 116'X8' GARAGE DOOR 5'-0" 4'-6" I RECESS OPEN - _ ± j 4 W/ 6LA55 W/ 6LA55 24" FLOOR TOWEL TOWEL 5TOR. 1 GAB. ABV. III 2 III ❑F �0 81-1 1/81, CE IL. HT. I I I I I I I I I I I I D IN IN6 TRU55E5 TOILET 1 WOOD 19.2" O.G � = I I a 1 I I I I 0 0 11� I I I I I I � u 9'-1 I /8 � 13ATH I I I I -----------T- ____ GEIL. HT. K ITCHEN 1 G.TILE = I I 151MP50N STH014 I I I I IF I I 42" G.T. I I I ANCHOR STRAPS I =� I I WOOD_ 10" TREAD5 "' I I I TH15 WALL 1 L1 ✓ 42" ------------------ --------------------------------- 6QXSQ I Q -Q 16 X8 V I I�' I� 41 i 3 5EA50N i DOOR - �—P!N o N i PORCH i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I M UP ISR 17R 30 III PORCH 9'-I I/8" GEIL. HT. Ir----------TT--------------TT----------- I I I I I I I I IIII FOYER II II II I IIII WOOD I I I I I I I I I I III 20- I I I I I - L ----------------- II II I I II I I IIII o - I I I I I! 2X6 n II II II I0 SP.D. -11�N I I I I I I I I STEP CEILING I I I I I o N I 9'-9 1/8" GEIL. HT. I I II II GREAT ROOM II I 24 FLOOR I -WOOD I I x TRU55E5 I I I N 19.2" 0.0 OFFICE I I I W. I.C. I " 14 FLOOR I I -WOOD= I I I I I TRU55E5 I I I I I wooD 2p I I I I I 19.2" I I I IL ----------- L I -------------- 1----------- L------ -------------- --------- FLUSH HEARTH ____ rT D.V. GAS _- FIREPLACE -- 121-6" 41'-0" M 32'-0" rn 0 �o �o Ln z Ln Lo cD o (n00 z w 0 a -co -w� wo z @ r� Z i Jw C_3 m z X a (DJ w O Q w w � w �N 0t w75 w z o v� z o � (D o w E' co Zoo _Owm Z o �; a Qm LL J o O m 0 Ci amw� 5EE ENG (NEER IN6 PAGES 51-5X F I R 5T FLOOR PLAN 56ALE : 1/4"4-011 I'-0" EXTERIOR 12IMEN51ONS ARE 5HEATHIN6 TO 5HEATHIN6 FIRST FLOOR FINISHED 1,634 50. FT. GARAGE 815 50. FT. 3 5EA50N PORCH 350 50. FT. WINDOW & DOOR NOTE5 Z 0.i 4 •XXX •• CODE MIN. U VALUE = 0.32 MIN. 5TH6 = 0.35 W H 0 • ALL WINDOWS SET 8'-0" UNLESS NOTED OTHERWISE A Z W • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 1--1 56HC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR a Z • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. W Z • FP = PROVIDE FALL PROTECTION @ OPERATING WINDOWS �y 0 GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN 51DE OF ANY STAIR MORE THAN 30" ABOVE FLOOR U) 0 � Z • ALL OPENIN65 LE55 THAN 4" AT ALL 6UARDRAIL5 w 0 FLOOR 5Y5TEM NOTE5 • ALL FLOORS TO BE L/480 Z • FLOOR TRU55 MANUFACTURER TO VERIFY FRAMING BELOWr , GRANITE TOPS, TUBS & TILE AREAS ABOVE 1+1 • FLOOR TRUSS MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE IN TRU55E5 • BUILDER TO PROVIDE CITY WITH TRUSS LAYOUT PLANS U FRAM IN6 NOTE5 • 9'-1 8" PLATE HEIGHT UNLE55 NOTED OTHF-RW15E • 2X6 5TUD5 @ POCKET DOOR WALLS UNLE55 NOTED OTHERWISE • DOUBLE 5TUD5 AT ALL WINDOW & PATIO DOOR HEADERS UNLE55 NOTED OTHF-RW15F • PROVIDE LVL/L5L 5OL ID BLOCKING AT ALL POINT LOAD5, SUPPORT BEAMS, MICROLAM5, AND GIRDER TRUSSES TO FOUN12AT ION • PROVIDE FIREBLOCKING VERTICALLY @ GEILIN65 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED GEILING5, BETWEEN STAIR 5TRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT STOPPING BETWEEN 5TORIE5 DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXCEEDING 1,000 SOFT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS DATE: 3-6-I8 REVISIONS: DRAWN BY: KH SMOKE • • AND CAR60N MONOXIDE DETECTORS PROVIDE SMOKE DETEGTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 AGGE55 TO THE BEDROOM ON EACH FLOOR INCLUDING THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORR I12OR G IV ING AGGE55 TO THE BEDROOMS. PROVIDE CARBON MONOXIDE DETECTOR5 WITHIN 10'-0" OF ALL BEDROOM5 COMM. NO. 217338 SHEET NO. 3 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 03/06/2018 1:09:28 PM F- 87'-0" f%L-VVLIL- FiJ nL-IAV. FOR LAKE SET BACK GOND IT ION5? rn 7�; 'Q -O Ito Lo zLn �00 (nCO z w 0 a -CO -w� wo z p Z _j w C_3 m z X a J w O Q w w �w �N U • GUARDRAIL REQUIRED ON OPEN SIDE OF ANY STAIR MORE THAN 30" ABOVE FLOOR • ALL OPF-NIN65 LF -55 THAN 4" AT ALL GUARDRAILS FRAM IN6 NOTE5 • 8'-1 a" PLATE HEIGHT UNLE55 NOTED OTHERWI5E • 2X6 STUDS @ POCKET DOOR WALLS UNLESS NOTED OTHERW15E • DOUBLE STUDS AT ALL WINDOW & PATIO DOOR HEADER5 UNLE55 NOTED OTHERW15F • PROVIDE LVL/L5L SOLID BLOCK IN6 AT ALL POINT LOADS, SUPPORT BEAMS, MI6ROLAM5, AND GIRDER TRU55E5 TO FOUN12AT ION • PROVIDE FIREBLOGK INC VERTICALLY @ GE IL ING5 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED CEILINGS, BETWEEN STAIR STRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT 5TOPPIN6 BETWEEN STORIES DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXGEEDIN6 1,000 50.FT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS W . 3-6-18 REVISIONS: 5ECONn FLOOR PLAN W H Co SCALE 1/4"=I' -O" co EXTERIOR DIMEN510N5 ARE 5HEATHIN6 TO SHEATHING A Z SECOND FLOOR FINISHED 1,371 50. FT. a Z BONUS ROOM FINI5HED 653 50. FT. rT, WINDOW & DOOR NOTE5 • XXXX WINDOW5 ., •• CODE MIN. U VALUE = 0.32 MIN. STHC = 0.35 Q • ALL WINDOWS SET 0-10" UNLESS NOTED OTHERWISE u Z • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, M••1 w 56HC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. O� • FP = PROVIDE FALL PROTECTION @ OPERATING WINDOWS W CQ GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN SIDE OF ANY STAIR MORE THAN 30" ABOVE FLOOR • ALL OPF-NIN65 LF -55 THAN 4" AT ALL GUARDRAILS FRAM IN6 NOTE5 • 8'-1 a" PLATE HEIGHT UNLE55 NOTED OTHERWI5E • 2X6 STUDS @ POCKET DOOR WALLS UNLESS NOTED OTHERW15E • DOUBLE STUDS AT ALL WINDOW & PATIO DOOR HEADER5 UNLE55 NOTED OTHERW15F • PROVIDE LVL/L5L SOLID BLOCK IN6 AT ALL POINT LOADS, SUPPORT BEAMS, MI6ROLAM5, AND GIRDER TRU55E5 TO FOUN12AT ION • PROVIDE FIREBLOGK INC VERTICALLY @ GE IL ING5 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED CEILINGS, BETWEEN STAIR STRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT 5TOPPIN6 BETWEEN STORIES DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXGEEDIN6 1,000 50.FT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS DATE: 3-6-18 REVISIONS: DRAWN BY: KH 5MOKE AND CARBON MONOXIDE PETECTOR5 • PROVIDE SMOKE DETECTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 AGGE55 TO THE BEDROOM ON EACH FLOOR IN6LUDIN6 THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HE ICHT MORE THAN 24 HIGHER THAN A CORRIDOR 61V INC AGGE55 TO THE BEDROOMS. • PROVIDE CARBON MONOXIDE DETECTORS WITHIN 10'-0" OF ALL BEDROOM5 COMM. NO. 217338 SHEET NO. 4 The Gregory Group, Inc. INVOICE NO. 87391 d.b.a. Proposed Bulldmq Hardcover Proposed Hardcover F.B.NO. 1097-30 LOT SURVEYS COMPANY Lot area to OHW = 20,509 sq ft Lot area to OHW = 20,509 sq ft SCALE: 1" = 20' Established in 1962 LAND SURVEYORS Building = 2,427.5q ft Building = 2,435 sq ft REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA Rear Porch = 350 sq ft Driveway = 2, l 24 sq ft • Denotes Found Iron Monument 7601 73rd Avenue North (763) 560-3093= _ Fireplace 6 sq ft Rear Porch 350 sq ft O Denotes Iron Monument Minneapolis, Minnesota 55428 Fax No. 560-3522 �uruP��r� C�Pr�tfira�P Total — 2753 sq ft Front Walk _ 69 sq ft Percentage l 3.57% Fireplace 6 sq ft ��Denotes Existing Contours Q Landing to Site Plan For: Lake Steps = 75q ft / \ \ No. 269 / Deck at Lake = / 12 sq ft x000.0 Denotes Existing Elevation \ \\ Tota/ = 5, / 06 sq ft 000.0 Denotes Proposed Elevation MARK D. WILLIAMS CUSTOM HOMES / \\ ` Percenta e = 24.90% Basis for � Denotes Surface Drainage � g bearings is \ \ assumed //\\ \ Garage Address: 2697 Casco Point Road, Orono, MN Property located in Section / \ Proposed grades are subject to results of soil tests. Proposed 20 Township117 Range 23 / / \ Benchmark: Top nut of hydrant located on Casco Point Road at the building information must be checked with � g \ g ' approved building plan Hennepin County, Minnesota // // j/ \ southeast corner of property. and development plan before excavation and construction. Elevation = 958.83 feet Proposed grades shown on this survey are interpolations of �' proposed contours from the grading and/or development plans. �� ��� �0 / \ \ ��t The relationship between prop. floor elev. to be verified by builder. Property zoned LR -1C (one family lakeshore residential /2 acre). \ Lot is nonconforming. 945.69 Proposed First Floor tr18"l O"l 5"cedar p - — � , — ' — — — — _ \ �-Building setbacks for nonconforming lots: 943.3 — — — — \ N Proposed Top of Block // 4 _______ Front=30 feet Side = 7.5 feet 943.0 p g 2 Proposed Garage Floor 0 / / /J // ( 1 t n6"9'cedar \ \ ` ` 935.3 Proposed Lowest Floor Type of Building Fullbasement wm7"/0'cedar \ 943.0 \ \ dr, 7 "l c �� ��9 l // Flag 642.5 Fence north of fine 0.6' R) //(Pole / IS 943ru . YIP� / o / 12' �� 942,5 shorelme //� \� 929.1 // / ry� 75'setback from 0l1W shorelme 0' / � 929.l Q) �� /i / / r2. 'tee v \�V / / twml6 /e \ s' C / /937.8 // / 6 �6 S 1 / 33 S \ Porch SOS„ Proposed r 011 l \ \ 9� >b k 93 l �� P / �' l Residence !y cb rim l DrarntdeSump �� (o / V l 24" cant ap 937.39 l A % M \ \ e o \ U \ \ \ Legal Description: \ \ \ Lot 4, AUDITORS SUBDIVISION 265 \ \ \ Hennepin County, Minnesota \ \ The only easements shown are from plats of record or information provided by client. I certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed land Surveyor under the laws of the State of Minnesota. Surveyed this 19th day of February 2018. co ('4 d CO O c+� o) n/ o(V O 0 Q0� f (O rlydrant r(r/nn�v Top Nut = 956.63�J V Signed /� A�� Greg r R. rasch, Minn. Reg. No. 24992 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval tomove forward. 03/06/2018 1:09:17 PM 12 I-011 4� - 21_011 QuiaC■: uoklaq 1I - �ili1 - ■1� 3163 3777 Li ------------- ------------- 21-011 31-0° 0 1 MMI Max-IMM611-010k. '�III.11 I I I I �� {� :;I��y� :;I�.y;I LI■.I■■I■�INNI�..y1■.I�■.yll■f1�\ib_ �+iliol i■i���+i �ii ���`i■i��■iii�■i ���NEIINION`i�■�� �`i+i � 'iMIM± 111111 +i � 11 i'�■.__ I I■+I1■11■III■III��i�i�iu.11■111`11■III■11■11 11■11■11■11lu�iu��1��_ I�1` 1nI1�■I�1��1�■����I��I�■� I������I��I���l����r:�--1.�� IEMMI01 3163 3777 - _ - _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.. - - . - - - - - - - - -_- - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - _ - - - - - - - - _ - - ------ - --- - - _ -------------------------------------------------- ----------------- IN - - - - - - - - - - - 11 LEFT ELEVATION RIGHT ELEVATION 56ALE � 1/8" = 11-011 u 1 u 56ALE:1/8 =1-0 LAKE ELEVATION SCALE: 1/411 = 11-011 EXTERIOR NOTES FLASHING NOTES 6 KICKOUT FLASHING TO BE INSTALLED AS NEEDED BY ROOFING CONTRACTOR • EXTERIOR WALL FIN15HER TO VERIFY THAT KIGKOUT FLASHING 15 IN5TALLE19 PRIOR TO FINI5HIN6 • CARPENTER TO FLASH ALL EXTERIOR WINDOW5 & 120OR5 PER MN & IRC CODE REQU IREMENT5 WINDOW NOTE5 XXXX WINDOW5 66 CODE MIN. U VALUE = 0.32 MIN. STHG = 0.35 • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 5GHC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR 6 BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HT5. • WINDOW WELLS WITH A VERTICAL DEPTH OF MORE THAN 4411 MUST BE EQUIPPED WITH AN APPROVED LADDER EXT. FINI5HIN6 NOTES • XX SIDING/ 5HAKF-5 XX 811&311 FASCIA UNLESS NOTED OTHERWISE 6 XX SOFFIT W/ VENT5 6 XX TRIM XX 5HINGLES -----8,112— 4 12 -------------------------------------------------- - �;� JPO ENE S � N EELS / 0 31411 3759 12 Q.H. 4 12 14 PIP, STP. WINPOW HT. 31411 3759 FRONT ELEVATION SCALE: 1/411 = 11-011 11 141-711 11 1,634 50. FT. F.F. 01 S.F. oil TOTAL XXXX 50. FT. L.L. FIN. XXXX 50. FT. TOTAL 350 50. FT. 3 SEASON PORCH 653 50. FT. BONUS ROOM 4 12 14 PIP, STP. WINPOW HT. 31411 3759 FRONT ELEVATION SCALE: 1/411 = 11-011 11 141-711 11 1,634 50. FT. F.F. 1.371 50. FT. S.F. 3,005 50. FT. TOTAL XXXX 50. FT. L.L. FIN. XXXX 50. FT. TOTAL 350 50. FT. 3 SEASON PORCH 653 50. FT. BONUS ROOM oCID �o SECOND FLOOR _ - aMV N FIRST FLOOR GEIL. 5TD. WINDOW & PR. HT. o a, FIRST FLOOR _ e�vV BASEMENT GEIL. 5TD. WINDOW & DR. HT.� BA5EMENT FLOOR 0 _CIO 0 _ro BONUS ROOM GEIL. BONUS ROOM WINDOW HT. BONUS ROOM FLOOR RMV r � N GARAGE GEIL. M :5 Ito It U In z Cr)CD z w oo UJ z log r� CZ a V J LL z .. m _x v J 00 li �- a ww :� � w 0U) oes w� z O U y- � N z0 V' cD 0o W C0 Z2�oa o d co LL r• Z�orr; a am LL � 0 0 mt Qarnww 7-00 O O W Fil wE4O q z co '-" 0 Z �aZ N+�I C 0 guz C\2 W DATE: 3-6-18 REVISIONS: DRAWN BY: KH COMM. NO. 217338 SHEET NO. I REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 03/06/2018 1:09:28 PM SEE EN6INEERIN6 PAGES 51 -SX FOUNDATION PLAN SCALE; 1/4"=I' -O" EXTERIOR DIMENSION ARE FROM EXTERIOR OF FOUNDATION WALLS AT FULL BASEMENT AREAS AND A5 NOTED AT FRAMED WALLS AT LOOKOUT AND WALKOUT AREAS BASEMENT FINISHED XXXX 50. FT. BASEMENT UNFIN151-1E0 XXXX 50. FT. WINDOW & DOOR NOTES • XXXX WINDOWS CODE MIN. U VALUE = 0.32 MIN. 5THC = 0.35 • •• ALL WINDOW5 SET AT 81-0" UNLE55 NOTED OTHERWISE • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 5614C, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HT5. • WINDOW WELLS WITH A VERTICAL DEPTH OF MORE THAN 44" MUST BE EQUIPPED WITH AN APPROVED LADDER GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN SIDE OF ANY STAIR MORE THAN 30" ABOVE FLOOR • ALL OPENINGS LE55 THAN 4" AT ALL GUARDRAILS FLOOR 515TEM NOTE5 • ALL FLOORS TO BE L/480 • FLOOR TRU55 MANUFACTURER TO VERIFY FRAMING BELOW GRANITE TOPS, TU135 & TILE AREAS ABOVE • FLOOR TRU55 MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE IN TRUSSES • BUILDER TO PROVIDE CITY WITH TRU55 LAYOUT PLANS FOUNDATION WALL & FOUNDATION INSULATION NOTE5 • 91-0" POURED FOUNDATION WALLS W/ SINGLE PLATE • BASEMENT FLOOR RAISED TO TOP OF WALKOUT STEM WALL • A55UMED 501L BEARING CAPACITY 2,000 LBS • MAINTAIN 42" MIN. GRADE ABOVE FOOTING • BOTTOM OF DECK & PORCH FOOTIN65 TO BE 72" BELOW GRADE • MA50NRY CONTRACTOR TO VERIFY WALL & FOOTING REQUIREMENTS WITH 51TE CONDITION5 • MA50NRY CONTRACTOR TO VERIFY ALL WALL AND FOOTING REQUIREMENTS AT ALL UNBALANCED BACKFILL LOCATIONS FX SEE FOUNDATION WALL DETAIL ON PAGE DI N X INDICATES DISTANCE FOUNDATION 15 HELD IN FROM 5HEATHIN6 ABOVE • FOUNDATION WALLS HELD IN FROM SHEATHING ABOVE A5 INDICATED BY FOUNDATION WALL DETAIL • SILL PLATE OVERHANGS FOUNDATION I #" MAXIMUM SEE FOUNDATION WALL DETAIL5 (WHEN TRTD 2X8 PLATE 15 U5ED) • SEE FOUNDATION WALL DETAIL5 FOR FOUNDATION WALL INSULATION (R-10 EXTERIOR/ R-5 INTERIOR) 5HEETROCK & IN511JLAT ION NOTE5 • GYP. BD. REQUIRED AT ENTIRE CEILING (EXCEPT 80 50.FT. MAXIMUM AT MECHANICAL) • V GYP. BD. AT WALLS & CEILING BELOW STAIRS • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN. " GYP. BD. AT HABITABLE AREAS FRAMING NOTES • 8'-9 1/2'' PLATE HEIGHT UNLE55 NOTED OTHERW15E • 2X6 5TUD5 @ POCKET DOOR WALLS UNLE55 NOTED OTHERW15E • DOUBLE 5TUD5 AT ALL WINDOW & PATIO DOOR HEADERS UNLE55 NOTED OTHERW15F • PROVIDE LVL/L5L SOLID BLOCKING AT ALL POINT LOAD5, SUPPORT BEAMS, MICROLAM5, & GIRDER TRUSSES TO FOUNDATION • PROVIDE FIRE BLOCKING VERTICALLY @ CEILIN65 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONCEALED 5PACE5 @ SOFFITS, DROPPED CEILINGS, BETWEEN STAIR STRINGERS & BETWEEN STORIES) • PROVIDE DRAFT STOPPING BETWEEN STORIES DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXCEEDING 1.000 SOFT. SMOKE AND CAR60N MONOXIDE DETECTORS • PROVIDE SMOKE DETECTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 ACCE55 TO THE BEDROOM ON EACH FLOOR INCLUDING THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORRIDOR GIVING ACCESS TO THE BEDROOMS. • PROVIDE CARBON MONOXIDE DETECTOR5 WITHIN 10'-0" OF ALL BEDROOM5 rn 7�; 'Q -O Ito Lo zLn �00 (nCO z w 0 a -CO -w� wo z p Z _j w C_3 m z X a J w O Q w w �w �N W w E-4 O q z co 0-4 Pq Z Jaz i�+••I C guz C\2 w DATE: 3-6-18 REVISIONS: DRAWN BY: KH COMM. NO. 217338 SHEET NO. 2 U REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. �o m 03/06/2018 1:09:28 PM 96'-6" 1_ 12'-6" 331-6" 501-6" 1 121-6" 41'-0" M 32'-0" rn 0 �o �o Ln z Ln Lo cD o (n00 z w 0 a -co -w� wo z @ r� Z i Jw C_3 m z X a (DJ w O Q w w � w �N 0t w75 w z o v� z o � (D o w E' co Zoo _Owm Z o �; a Qm LL J o O m 0 Ci amw� 5EE ENG (NEER IN6 PAGES 51-5X F I R 5T FLOOR PLAN 56ALE : 1/4"4-011 I'-0" EXTERIOR 12IMEN51ONS ARE 5HEATHIN6 TO 5HEATHIN6 FIRST FLOOR FINISHED 1,634 50. FT. GARAGE 815 50. FT. 3 5EA50N PORCH 350 50. FT. WINDOW & DOOR NOTE5 Z 0.i 4 •XXX •• CODE MIN. U VALUE = 0.32 MIN. 5TH6 = 0.35 W H 0 • ALL WINDOWS SET 8'-0" UNLESS NOTED OTHERWISE A Z W • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 1--1 56HC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR a Z • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. W Z • FP = PROVIDE FALL PROTECTION @ OPERATING WINDOWS �y 0 GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN 51DE OF ANY STAIR MORE THAN 30" ABOVE FLOOR U) 0 � Z • ALL OPENIN65 LE55 THAN 4" AT ALL 6UARDRAIL5 w 0 FLOOR 5Y5TEM NOTE5 • ALL FLOORS TO BE L/480 Z • FLOOR TRU55 MANUFACTURER TO VERIFY FRAMING BELOWr , GRANITE TOPS, TUBS & TILE AREAS ABOVE 1+1 • FLOOR TRUSS MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE IN TRU55E5 • BUILDER TO PROVIDE CITY WITH TRUSS LAYOUT PLANS U FRAM IN6 NOTE5 • 9'-1 8" PLATE HEIGHT UNLE55 NOTED OTHF-RW15E • 2X6 5TUD5 @ POCKET DOOR WALLS UNLE55 NOTED OTHERWISE • DOUBLE 5TUD5 AT ALL WINDOW & PATIO DOOR HEADERS UNLE55 NOTED OTHF-RW15F • PROVIDE LVL/L5L 5OL ID BLOCKING AT ALL POINT LOAD5, SUPPORT BEAMS, MICROLAM5, AND GIRDER TRUSSES TO FOUN12AT ION • PROVIDE FIREBLOCKING VERTICALLY @ GEILIN65 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED GEILING5, BETWEEN STAIR 5TRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT STOPPING BETWEEN 5TORIE5 DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXCEEDING 1,000 SOFT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS DATE: 3-6-I8 REVISIONS: BENCH I W. I.C. DRAWN BY: KH SMOKE • • AND CAR60N MONOXIDE DETECTORS PROVIDE SMOKE DETEGTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 AGGE55 TO THE BEDROOM ON EACH FLOOR INCLUDING THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORR I12OR G IV ING AGGE55 TO THE BEDROOMS. PROVIDE CARBON MONOXIDE DETECTOR5 WITHIN 10'-0" OF ALL BEDROOM5 COMM. NO. 217338 SHEET NO. 3 G.TILE _ 28 I I I 24 I I I o I I o, O W 9'-1 I /8" 2 N GE IL. HT. N MUD C.T ILE _ 1�J❑❑ i ------------ m IIII �i� _ o 1 ----------- -----------IIIIz REF N l II BUTLERS I I PANTRY 24 -, T„ III I I G.TILE 112 W. I.P. W III II .0. 0-3" WALL HT. _ G.TILE r i-i---------------� r---------------------------------- 19 XS GARAGE DOOR I 116'X8' GARAGE DOOR 5'-0" 4'-6" I RECESS OPEN - _ ± j 4 W/ 6LA55 W/ 6LA55 24" FLOOR TOWEL TOWEL 5TOR. 1 GAB. ABV. III 2 III ❑F �0 81-1 1/81, CE IL. HT. I I I I I I I I I I I I D IN IN6 TRU55E5 TOILET 1 WOOD 19.2" O.G � = I I a 1 I I I I 0 0 11� I I I I I I � u 9'-1 I /8 � 13ATH I I I I -----------T- ____ GEIL. HT. K ITCHEN 1 G.TILE = I I 151MP50N STH014 I I I I IF I I 42" G.T. I I I ANCHOR STRAPS I =� I I WOOD_ 10" TREAD5 "' I I I TH15 WALL 1 L1 ✓ 42" ------------------ --------------------------------- 6QXSQ I Q -Q 16 X8 V I I�' I� 41 i 3 5EA50N i DOOR - �—P!N o N i PORCH i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I M UP ISR 17R 30 III PORCH 9'-I I/8" GEIL. HT. Ir----------TT--------------TT----------- I I I I I I I I IIII FOYER II II II I IIII WOOD I I I I I I I I I I III 20- I I I I I - L ----------------- II II I I II I I IIII o - I I I I I! 2X6 n II II II I0 SP.D. -11�N I I I I I I I I STEP CEILING I I I I I o N I 9'-9 1/8" GEIL. HT. I I II II GREAT ROOM II I 24 FLOOR I -WOOD I I x TRU55E5 I I I N 19.2" 0.0 OFFICE I I I W. I.C. I " 14 FLOOR I I -WOOD= I I I I I TRU55E5 I I I I I wooD 2p I I I I I 19.2" I I I IL ----------- L I -------------- 1----------- L------ -------------- --------- FLUSH HEARTH ____ rT D.V. GAS _- FIREPLACE -- 121-6" 41'-0" M 32'-0" rn 0 �o �o Ln z Ln Lo cD o (n00 z w 0 a -co -w� wo z @ r� Z i Jw C_3 m z X a (DJ w O Q w w � w �N 0t w75 w z o v� z o � (D o w E' co Zoo _Owm Z o �; a Qm LL J o O m 0 Ci amw� 5EE ENG (NEER IN6 PAGES 51-5X F I R 5T FLOOR PLAN 56ALE : 1/4"4-011 I'-0" EXTERIOR 12IMEN51ONS ARE 5HEATHIN6 TO 5HEATHIN6 FIRST FLOOR FINISHED 1,634 50. FT. GARAGE 815 50. FT. 3 5EA50N PORCH 350 50. FT. WINDOW & DOOR NOTE5 Z 0.i 4 •XXX •• CODE MIN. U VALUE = 0.32 MIN. 5TH6 = 0.35 W H 0 • ALL WINDOWS SET 8'-0" UNLESS NOTED OTHERWISE A Z W • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, 1--1 56HC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR a Z • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. W Z • FP = PROVIDE FALL PROTECTION @ OPERATING WINDOWS �y 0 GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN 51DE OF ANY STAIR MORE THAN 30" ABOVE FLOOR U) 0 � Z • ALL OPENIN65 LE55 THAN 4" AT ALL 6UARDRAIL5 w 0 FLOOR 5Y5TEM NOTE5 • ALL FLOORS TO BE L/480 Z • FLOOR TRU55 MANUFACTURER TO VERIFY FRAMING BELOWr , GRANITE TOPS, TUBS & TILE AREAS ABOVE 1+1 • FLOOR TRUSS MANUFACTURER TO PROVIDE HEAT SUPPLY & RETURN CHASE IN TRU55E5 • BUILDER TO PROVIDE CITY WITH TRUSS LAYOUT PLANS U FRAM IN6 NOTE5 • 9'-1 8" PLATE HEIGHT UNLE55 NOTED OTHF-RW15E • 2X6 5TUD5 @ POCKET DOOR WALLS UNLE55 NOTED OTHERWISE • DOUBLE 5TUD5 AT ALL WINDOW & PATIO DOOR HEADERS UNLE55 NOTED OTHF-RW15F • PROVIDE LVL/L5L 5OL ID BLOCKING AT ALL POINT LOAD5, SUPPORT BEAMS, MICROLAM5, AND GIRDER TRUSSES TO FOUN12AT ION • PROVIDE FIREBLOCKING VERTICALLY @ GEILIN65 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED GEILING5, BETWEEN STAIR 5TRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT STOPPING BETWEEN 5TORIE5 DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXCEEDING 1,000 SOFT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS DATE: 3-6-I8 REVISIONS: DRAWN BY: KH SMOKE • • AND CAR60N MONOXIDE DETECTORS PROVIDE SMOKE DETEGTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 AGGE55 TO THE BEDROOM ON EACH FLOOR INCLUDING THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HEIGHT MORE THAN 24" HIGHER THAN A CORR I12OR G IV ING AGGE55 TO THE BEDROOMS. PROVIDE CARBON MONOXIDE DETECTOR5 WITHIN 10'-0" OF ALL BEDROOM5 COMM. NO. 217338 SHEET NO. 3 REVIEW PLAN This plan is at a review stage and is NOT a permit set. Please review the plan in its entirety and let DFP know if you have any changes prior to us proceeding. The plan will be placed on hold until we receive confirmation from you to proceed, meaning no additional work will be done on the plan until we receive your approval to move forward. 03/06/2018 1:09:28 PM F- 87'-0" f%L-VVLIL- FiJ nL-IAV. FOR LAKE SET BACK GOND IT ION5? rn 7�; 'Q -O Ito Lo zLn �00 (nCO z w 0 a -CO -w� wo z p Z _j w C_3 m z X a J w O Q w w �w �N U • GUARDRAIL REQUIRED ON OPEN SIDE OF ANY STAIR MORE THAN 30" ABOVE FLOOR • ALL OPF-NIN65 LF -55 THAN 4" AT ALL GUARDRAILS FRAM IN6 NOTE5 • 8'-1 a" PLATE HEIGHT UNLE55 NOTED OTHERWI5E • 2X6 STUDS @ POCKET DOOR WALLS UNLESS NOTED OTHERW15E • DOUBLE STUDS AT ALL WINDOW & PATIO DOOR HEADER5 UNLE55 NOTED OTHERW15F • PROVIDE LVL/L5L SOLID BLOCK IN6 AT ALL POINT LOADS, SUPPORT BEAMS, MI6ROLAM5, AND GIRDER TRU55E5 TO FOUN12AT ION • PROVIDE FIREBLOGK INC VERTICALLY @ GE IL ING5 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED CEILINGS, BETWEEN STAIR STRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT 5TOPPIN6 BETWEEN STORIES DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXGEEDIN6 1,000 50.FT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS W . 3-6-18 REVISIONS: 5ECONn FLOOR PLAN W H Co SCALE 1/4"=I' -O" co EXTERIOR DIMEN510N5 ARE 5HEATHIN6 TO SHEATHING A Z SECOND FLOOR FINISHED 1,371 50. FT. a Z BONUS ROOM FINI5HED 653 50. FT. rT, WINDOW & DOOR NOTE5 • XXXX WINDOW5 ., •• CODE MIN. U VALUE = 0.32 MIN. STHC = 0.35 Q • ALL WINDOWS SET 0-10" UNLESS NOTED OTHERWISE u Z • BUILDER TO PROVIDE WINDOW ORDER L15T WITH U FACTOR, M••1 w 56HC, & 5TC RATING FOR EACH WINDOW & EXTERIOR DOOR • BUILDER TO VERIFY ALL WINDOW, DOOR & OPENING HDR. HTS. O� • FP = PROVIDE FALL PROTECTION @ OPERATING WINDOWS W CQ GUARDRAIL NOTE5 • GUARDRAIL REQUIRED ON OPEN SIDE OF ANY STAIR MORE THAN 30" ABOVE FLOOR • ALL OPF-NIN65 LF -55 THAN 4" AT ALL GUARDRAILS FRAM IN6 NOTE5 • 8'-1 a" PLATE HEIGHT UNLE55 NOTED OTHERWI5E • 2X6 STUDS @ POCKET DOOR WALLS UNLESS NOTED OTHERW15E • DOUBLE STUDS AT ALL WINDOW & PATIO DOOR HEADER5 UNLE55 NOTED OTHERW15F • PROVIDE LVL/L5L SOLID BLOCK IN6 AT ALL POINT LOADS, SUPPORT BEAMS, MI6ROLAM5, AND GIRDER TRU55E5 TO FOUN12AT ION • PROVIDE FIREBLOGK INC VERTICALLY @ GE IL ING5 & FLOORS & HORIZONTALLY @ INTERVALS NOT EXCEEDING 10'-0" (CONGEALED SPACES @ SOFFITS, DROPPED CEILINGS, BETWEEN STAIR STRIN6ER5 & BETWEEN STORIES • PROVIDE DRAFT 5TOPPIN6 BETWEEN STORIES DIVIDED INTO APPROXIMATELY EQUAL SPACES NOT EXGEEDIN6 1,000 50.FT. • ALL SPRAY FOAM INSULATION MUST BE COVERED BY MIN." GYP. BD AT HABITABLE AREAS DATE: 3-6-18 REVISIONS: DRAWN BY: KH 5MOKE AND CARBON MONOXIDE PETECTOR5 • PROVIDE SMOKE DETECTOR5 IN EVERY BEDROOM & THE CORRIDOR 61VIN6 AGGE55 TO THE BEDROOM ON EACH FLOOR IN6LUDIN6 THE BASEMENT, & IN AY ROOM THAT HAS A CEILING HE ICHT MORE THAN 24 HIGHER THAN A CORRIDOR 61V INC AGGE55 TO THE BEDROOMS. • PROVIDE CARBON MONOXIDE DETECTORS WITHIN 10'-0" OF ALL BEDROOM5 COMM. NO. 217338 SHEET NO. 4 MINUTES OF THE Council ORONO PLANNING COMMISSION LA18-000019 MONDAY, MARCH 19, 2018 Exhibit C 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse, Commissioners Kevin Landgraver, Bruce Lemke, Denise Leskinen, Loren Schoenzeit, and Jon Schwingler. Representing Staff were City Administrator Dustin Rief, Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Chair Thiesse called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. Thiesse thanked Loren Schoenzeit, Jon Schwingler, and Denise Leskinen for each of their nine years of service on the Orono Planning Commission. 6. LA18-000019 MARK WILLIAMS, 2697 CASCO POINT ROAD, VARIANCE, 7:35 P.M. — 7:58 P.M. Mark Williams, Applicant, was present. Oakden stated the applicant is requesting an average lakeshore setback variance, a 75 -foot lake yard setback, a hardcover variance, and lot area and lot width variances in order to construct a new single- family house. The applicant is proposing to demolish the existing house and construct a new house. This lakeshore lot is lower in the street third of the lot, forming a bowl on the back end of the lot, which limits the building envelope of the lot. The new proposed home sits partially within the footprint of the existing home. The applicant is asking for variances to center the home on the lot, which creates a new encroachment into the 75 -foot lake yard with the porch and corresponding hardcover. The applicant is also proposing to move the home back from 61 feet from the ordinary high-water level to 64.5 feet. To meet the average lakeshore setback, they would need to be 66 feet from the OHWL, which is the same distance as their neighbors to the south. The lot to the north is currently vacant. The new structure will consist of approximately 140 square feet of the single -story porch within the 75 - foot lake yard and roughly 30 square feet in the average lake setback where no structure currently exists. The Planning Commission should discuss whether the minimal encroachments are appropriate given the location of the existing structure and the distance of neighboring properties from the lake. The new home MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. meets the structural and hardcover requirements. The applicant should also be required to meet the recommendations of the City Engineer. Landgraver requested a bird's eye view of this property and the neighboring property be shown. Oakden displayed an overhead view of the area and noted the current property is very similar to the neighboring properties on either side. Access is gained through the property to the north. Mark Williams, Applicant, stated he represents the property owners. Staff report states that the overall hardcover will be reduced but the number is incorrect. Williams indicated they will be doing a 5 percent overall hardcover reduction resulting in 25 percent hardcover. Williams noted in 2001 the neighbor was granted a variance. Williams stated the hill is very steep and oftentimes in the winter guests have to park on the street. Because of the location of the existing garage, there are times they cannot drive out of there and the new garage will be end -loading, which would allow for more room. The existing porch essentially is two stories and the new porch will be one story and pulled back three feet to help reduce the impact to the neighbor. Williams stated with the changes they will be reducing the massing and that the sketch shows the existing home and then the new home. Thiesse asked if they can pull it back to the 75 -foot setback, which would be taking it back ten feet. Williams stated they have a concern with the existing topography, which is the main reason for the proposed location. Thiesse stated from the survey it appears that the existing garage is at about the center line of the cul-de- sac to the north and that the new house is back further than that. As a result, there will be quite a bit more room to maneuver. Williams stated given the number of issues they have encountered, they feel this is a good solution. Leskinen noted in order to meet the average lakeshore setback, they would only need to move it back about a foot. Leskinen asked if there is a reason why that setback cannot be met. Williams stated they felt their request was reasonable but that he will discuss it with his clients prior to the City Council meeting. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Schoenzeit commented they would have more usable backyard if the house is moved further back and would be in conformity with the 75 -foot line. Williams stated they would be happy to consider that and that in his view it would be a pretty minor adjustment. Williams stated he believes the property owners would be agreeable to that. Mary Enger, property owner, stated the house originally belonged to her parents and that they are attempting to maintain the essence of the home for sentimental reasons. Enger stated they attempted to meet the side yard setbacks and that they are only looking to add some features that would make it safer and allow them to have visitors easier. Enger indicated she has a large family and they spend a lot of time in the front porch, which is why they would like to keep it close to the house. Landgraver asked if Mr. Williams has any response to the City Engineer's comments. Williams stated they are aware of it and that they understand the issues. Williams stated they understand they will need to meet the engineer's requests, but they will have to sit down with everyone to resolve that. Landgraver suggested that be resolved prior to proceeding to the City Council. Williams asked if they could make the permits subject to that being resolved in the event the neighbors are not around. Thiesse stated the City Council will need to be made aware of that. Thiesse noted the neighbor has expressed a concern about the drainage. Williams stated when the landscape architect becomes involved, they will discuss that and create a drainage plan. Williams noted the basin area turns into a skating rink on this property and that the neighbor is attempting to sell his lot. Chair Thiesse opened the public hearing at 7:51 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 7:51 p.m. Schoenzeit stated in his view the Planning Commission should make the recommendation that the house be relocated behind the average lakeshore setback line. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Landgraver indicated he is in agreement. Lemke stated he has issues with the 75 -foot setback, especially since this is a clean sheet design. Thiesse noted the applicants are making improvements overall to the situation. Landgraver stated he sees the driveway as a practical difficulty. Schoenzeit stated the Planning Commission does not have a good contour of where the bowl starts. Thiesse stated the existing garage is very close to the contours of the new home. Thiesse stated by forcing a person to build their house ten feet back, they may lose their lake sightline because they are being forced back, which is a practical difficulty. Leskinen stated she can accept the encroachment within the 75 -foot zone but not within the average lakeshore setback. Leskinen stated she can appreciate the sentiment of wanting it similar to what it was before, but that she can find no practical difficulty for the encroachment, particularly since the lot next door is vacant, which is more reason to pull it back a foot and a half. Oakden noted if the proposed house is moved to the 66 -foot mark to where the existing house is, the line would be drawn there, and they would be subject to the average lakeshore setback or the 75 -foot line, whichever is more restrictive. Schoenzeit stated if they split the difference, it would be 69 feet. Thiesse stated at the end of the day, it is likely the properties will be at 66 feet. Leskinen commented they could also build in-kind. Thiesse stated they are improving the situation. Lemke stated he still has a concern with the encroachment into the 75 -foot zone. Leskinen moved, Schoenzeit seconded, to recommend approval of Application No. LA18-000019, Mark Williams, 2697 Casco Point Road, granting of a 0-75 foot lake setback variance, hardcover variance, lot area and lot width variances, subject to the conditions of the City Engineer, and to recommend denial of the average lakeshore setback variance. VOTE: Ayes 5, Nays 1, Lemke opposed. Date Application Received: 2.28.18 Date Application Considered as Complete: 3.2.18 60 -Day Review Period Expires: 5.1.18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: March 19, 2018 Subject: LA18-000019, Mark Williams o/b/o March and Mark Enger, 2697 Casco Point Rd, Variances, Public Hearing Application Summary: The applicant is requesting an Average Lakeshore Setback and 75 -foot Lakeyard setback, Hardcover in the Lakeyard, Lot area and Lot Width Staff Recommendation: Planning Department Staff recommends the Planning Commission to discuss the multiple variances. Background The application is proposed to demolish the exiting home and construct a new single family house. The existing lot matching the neighboring homes. This lakeshore lot is lower in the street third of the lot, forming a bowl, which limits the building envelope of the lot. The new proposed home sits partially within the footprint of the exiting home. The applicant is asking for variances to center the home on the lot with creates a new encroachment into the 75 -foot lakeyard with the porch and corresponding hardcover. The application is also proposing to move the home back from 61 feet from the OHWL to 64.5 feet from the OHWL. To meet the average lakeshore setback they would need to be 66 feet from the OHWL which is the same distance as their neighbors to the south. (The property to the north is vacant). The applicants are also are requesting lot area and lot width variances. The applicant has submitted a narrative attached as Exhibit D. In summary, of the new structure, approximately 140 sq ft of the single story porch is within the 75 lake yard and roughly 30 sq feet is in the average lake setback, where no structure exists. LOT ANALYSIS WORKSHEET Section 78-350 - Setbacks: DISTRICT LR -1C Required Proposed Rear (street) 30 178' Side 7.5 9.1' Side 7.5 7.5' Lakeshore 75' 64.5'- does not meet Average Lakeshore 66' 64.5'- does not meet Section 78-350 - Lot Area/Width: DISTRICT LR -1C Lot Area I Lot Width Required 21,780 s.f. (0.5 acres) 1 100' L 0118 -00001 1 3.1 u. 18 I_lage _1o_5 Actual 20,509s.f. (0.47acre) 1 60'@ 75' 60.5'@ OHWL Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 20,509s.f. (0.47acre) Allowed: 4,101 s.f. (20%) Proposed: 2,783 s.f. (13.5%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier 5,127.25 s.f. 6,254 s.f. Roughly 5,125 s.f. Roughly Tier 1 20,509 s.f. 2S ( ) 0 (30.5 /) 420 s.f. ( ��250) 280 s.f. w/in 75' Win 75' Applicable Regulations: Placement of Structures on Lots (78-1279) Lake Minnetonka requires a 75 -foot lakeyard setback for all structures. The Average Lakeshore Setback also applies. Average lakeshore setback. No principal or accessory structure shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. (a) In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. The applicant is proposed to center the new home on the lot and the proposed porch creates a new encroachment outside of the existing home's footprint. The new home is 64.5 feet from the OWHL where 75 feet is required. Hardcover restriction Zones (78-1680) Within 75 feet of the ordinary high water level (OHWL) of any lake or tributary, and within any bluff or shore impact zone, no hardcover shall be placed, located or constructed, except for driveways, stairways, lifts, landings and lockboxes as regulated by the shoreland overlay district. The applicant is proposed to center the new home on the lot and the proposed porch creates a new encroachment outside of the existing home's footprint. The new home is creating roughly 140 sq.ft. of new hardcover. Lot Width and Lot Area (78-350 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 L' '18 00001 3.11 1.18 age3o 5 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 applicants' need for setback and hardcover variances results in the property's inability to conform to #1 and #3 above. Therefore, lot area and width variances are also required in order to redevelop the property. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to construct a new single family home in a residential lot which is consistent with the intent of the ordinance. The lot width and lot area variances are consistent with the general intent of the ordinance. Due to the unique grading on the street side of the lot and the dip in the shoreline on the lakeside. The building footprint of the lot is constrained. The 75 foot lakeyard setback and hardcover seem reasonable and in harmony. The Planning Commission should discuss the general intent of the average lakeshore setback variance request. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a new single family residence in a residential zone that is moving farther away from the lake then the existing home 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 property owner is proposing to use the property in a reasonable manner by replacing the existing residence with a new home which has less hardcover then existing and the new home will be moved 3 feet farther from the lake compared to the existing home; but the size and width of the lot is below the minimum lot size standards of the Zoning Code. L :118 -00001 i. 3.11 1.18 i age _io 5 b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size and shape, and its proximity to the lake. and c. The variance will not alter the essential character of the locality The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes. d. 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 single family home is an allowed use in the LR -1C District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The size and grading of the lot as well as its orientation along the curve of the lake and Casco Point Road creates a unique circumstance which is peculiar to the Property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The size and grading of the lot as well as its orientation along the curve of the lake and Casco Point Road creates a unique circumstance which is peculiar to the Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this condition to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size and grading of the property; its position along Casco Point Road and the lakeshore, limits the building envelope for the homeowners; the variances would alleviate difficulties which pertain to this lot. 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 completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. L' :.18 00001 3.11 1.18 i_'age 5 o 5 Practical Difficulties Analysis The planning commission should discuss whether the minimal encroachments are appropriate, given the location of the existing structure, and the neighboring properties distance from the lake. Engineer Comments 1. The applicant should be required to have a service connection that is separate from the neighbor to the south. 2. The applicant should consider granting easement to the neighbor to the south as that properties sanitary service seems to encroach. 3. The drainage on the north east portion of the lot appears to flow to a drainage structure on the lot to the north. An agreement should be worked out with the owner to address future access and maintenance. Public Comments Both neighbors have submitted the acknowledgement forms Exhibit E. One has submitted written comment for the Planning Commission to review, Exhibit F. Issues for Consideration 1. Will these variances effect the neighboring vacant lot? 2. 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? 3. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 4. Does the Commission find standards for granting the average lakeshore setback variance are met? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation The Planning Commission should discuss the requested variances and if the commission finds reasonable findings then they should consider recommending approval. If the Planning Commission proceeds with a recommendation to approve. The approval should follow the engineer's recommendation to require the applicant to connect their own sewer service for the property separate from the neighbors. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey and Elevations Exhibit D. Project Narrative Exhibit E. Property Owners Acknowledgement Form Exhibit F. Comments from the Public Exhibit G. Property Owners List and Map Exhibit H. Photos AGENDA ITEM Item No.: 16 Date: April 9, 2018 Item Description: LAI 8-000020 —Kuhl Design o/b/o Anders Myhran, 2280 Fox Street, CUP — Resolution Presenter: Melanie Curtis, Agenda Consent Agenda City Planner Section: 1. Purpose. This application is regarding a conditional use permit (CUP) to install full bathroom facilities in an accessory pool building. 2. MN§15.99 Application Deadline. The application was received on February 22, 2018; and considered to be complete on March 12th. Therefore the 60 -Day review period expires on May 11, 2018. 3. Background/ Summary. The owner wishes to install full bathroom facilities in an accessory pool building. The proposed seasonal pool house is permitted, the installation of a bathroom with full bathing facilities requires a CUP. 4. Planning Commission Vote and Comment. On March 19th, the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 6 to 0 on a motion to recommend approval of the CUP with the standard covenants and conditions. 5. Public Comment. No comments from the public were received on this application. 6. Staff Recommendation. Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Plans Exhibit C. Draft PC Minutes Exhibit D. PC Staff Report References PC Exhibits 03/19/18 Exhibit A. Application Summary Exhibit B. Project Narrative Exhibit C. Existing Survey Exhibit D. Proposed Site Plan Exhibit E. Proposed Building Plans and Elevations Exhibit F. Property Owners List Exhibit G. Plat Map Prepared By: MGG Reviewed By: J. Barnhart Approved By: _Sb)X CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. LA18-000020 WHEREAS, on FebrCary Fin, ❑018, Anders Myhran and Lynn Myhran, h❑sband and Pile, [hereinater the P=pplicantsOthe oCners, applied [or a conditional ❑se permit [hereinaiter the f0❑CEII[or the property addressed 2280 Fox Street and legally described as❑ Lot 2, Block 1, Bill Kelley's Land First Division, Hennepin County, Minnesota, ChereinaCter the [fLlropertymi WHEREAS, the I-1pplicants hal_-e made application to the City o --Orono :or a CI -I❑ pasElant to Orono Malicipal Coning Code Section 118❑='18 16Cto alto❑ installation oCa bathroom Pith I-1-11 bathing I_acilities Elithin an accessory pool hoCse❑and WHEREAS, on March 1q i_018, alter pCblished and mailed notice in accordance _iith Minnesota Stati__tes and the City Code, the I_Ilanning Commission held a pl_blic hearing, at !-hich time all persons desiring to be heard concerning this application _sere gi_en the opportl_nity to speak thereon❑and WHEREAS, on March 1 F� ❑018, the Planning Commission recommended appro-8l o the C❑CPand WHEREAS, on ❑pril ❑, 11018, the City CoCncil reEie❑ed the application and the recommendations o❑the ❑Manning Commission and City staid❑and NOW, THEREFORE, BE IT RESOLVED that the City Coalcil o::Jrono, Minnesota hereby approl[os the re❑Cested CCC as described aboJa based on one or more o the fmllo❑ing findings o❑IIact concerning the Property❑ FINDINGS OF FACT: 1. ❑his application __-[as rete ed as -toning File �:L❑18-0000❑0. ❑he analysis contained Jthin statlmemos and the el_ hibits attached to the aForesaid memos, all minutes Isom the abol-e mentioned meetings, and any and all other materials distribAed at these meetings are hereby incorporated by reference. CI. ❑he I-iroperty is located in the RRI-1 Ci R-ral Residential ❑oning ❑istrict. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. [-he F-roperty contains 0.0 acres in area and has a defined lot _lidth of X183 feet. C. Cpplicant has applied -or conditional use permit Lor ❑JI bathroom fpl-nbing Cithin an accessory str❑ctFEre. 5. [n considering this application -or C❑❑, the Council has considered the adClce and recommendation o ]the Planning Commission and the eCCect o❑the proposed Cariance upon the health, safety and ❑ellare o❑the commuEhity, e:jsting and anticipated tra❑`ic conditions, light and air, danger o❑lire, risk to the public safety, and the eFFect on Calces o❑property in the sl_rro_nding area. ANALYSIS: Che Council may grant a CPP as the Pse permit Pas applied -or or in modired arm. On the basis o❑the application and the e-idence submitted, the City m❑st Find that the proposed Cse at the proposed location is or Pill be as Collo❑sC 1. Consistent Pith the commEhity management plane iThe proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. F. Compliant Pith the Coning code, incl❑ding any conditions imposed on specific Pses as re❑iilred by article V, dirsion 3 oCthe City Code❑ The proposed pool house improvement including the plumbing fixtures are compliant with the zoning ordinance. 3. Cde.-lately ser-od by police, [ire, roads, and storm -later managementr7he proposed use will be adequately served by existing services and facilities. C. Cro'7ded Pith an ade❑Cate Pater sfpply and se❑age disposal systemP he Applicants understand that the approvals will be contingent with compliance with the septic system codes. Staff believes this criterion is met. 5. Not effected to generate e-tessi-_0 demand Cor public serCices at public cost❑Staff believes this criterion is met. 6. Compatible Pith the surrounding area as the area is Psed both presently and as it is planned to be ❑sed in the _-Ptu_-eP The proposed pool house is residential in characterand its use is expected to be compatible with the surrounding area. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. F. Consistent faith the character o❑the sCrro-riding area, Finless a change oCcharacter is called -or in the comm amity management plan F-1 The pool house with plumbing is residential in visual character and is expected to be compatible with the surrounding area. 8. Compatible Faith the character o-baildings and site improCements in the sl-rrornding area, Cnless a change oacharacter is called Cor in the commrnity management planC The architectural styling of the proposed pool house with plumbing is expected to be residential in character and consistent with that of the principal structure on the Property. F-. Not eF-pected to sCbstantially impair the 1-8e and enoyment of the property in the area or haCe a materially ad-erse impact on the property Ices in the area ❑hen compared to the impairment or impact o❑generally permitted asesF-j The use of the pool house with plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10. Croi7ded faith screening and b❑nering adeai._ate to mitigate Cndesirable Cie❑s and acti i= ities likely to dist -rb s --ro -nding Cees _-1 The pool house will be situated in a confirming and 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 vegetation and the physical separation. In the opinion of staff, additional screening or buffering will not be required. 11. Not create a n-isance which generates smoke, noise, glare, I-ibration, odors, Imes, dist, electrical inter-erence, general sightliness, or other means❑ The proposed pool house with plumbing is not expected to cause any of these undesirable impacts. 1 1. Not caFse e-eessi=e non-residential tra [C on residential streets, parking needs that came a demonstrable incon-enience to adiining properties, track congestion, or ahsa[0, accessC It is anticipated that the proposed pool house with plumbing will not generate any of these undesirable issues. 13. Cesigned to take into accolEht the nat-ral, scenic, and historic 1eataes olathe area and to minimiE:0 enl7ronmental impact -The proposed pool house with plumbing has been visually designed to conform to the residence on the Property, and will not have a negative environmental impact. 1 ❑. C II e -terior lighting shall be so directed so as not to cast glare to❑ard or onto the p clic rightF01-May or neighboring residential uses or districts a Applicants are hereby advised of this requirementCand CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 15. Not detrimental to the p[-blic health, p❑blic safety, or general ❑elfare. Staff believes this criterion is met. 16. FErther, a C❑ ❑ may be granted s -b ect to s-ich conditions as the Coincil may prescribe. Ffrther approfal shall be granted only ❑hen the ollo❑ing criteria are met❑ a. Che CoEncil rinds that the proposed -Ise oAhe accessory str❑ctf]-e ❑ith a bathtEb or shoi ger ❑ill not be detrimental to the residential character o❑the neighborhood. This criterion is met. b. Che colEhcil rinds that the pl mbing - t❑res proposed are in keeping ❑ith the intended fse o❑the accessory br-ilding. This criterion is met. c. Che accessory bEllding is conbrming in location, silo and height. This criterion is met. d. Che ❑pplicants agree to the Oiling oEa co -enant in the title ofthe ❑roperty prording that the accessory bi-ilding Al not be -I i. ❑sed Cor a home occEpation Cnless speciinally approi= ed by the city or i❑ allo❑ed by this Code. ii. -sed as a dC elling ❑nless a g❑lest hol-se conditional Ise permit is obtained. iii. Rented, leased or otherEise prodded for Ese as a dEelling Ender any circi-Mstances. 1 ❑. Edditionally, a C-1 � shall remain in effect as long as the conditions imposed by the City CoCncil are obserEed, bft nothing in this section shall prefent the city ❑iom enacting or amending ouleial controls to change the statEs ofconditional Eses. CONCLUSIONS, ORDER AND CONDITIONS: Eased fpon one or more oEthe abode indings, the Orono City CoEncil hereby grants a CE pLts❑ant to Orono MEnicipal ❑oning Code Section L& -118 to alloE installation o -a bathroom Eith A bathing 18cilities Athin an accessory pool hofse, s❑blect to the iFolloi❑ing conditions[] 1. CoEncil approl-al is based on the entire record, abol Findings. E. Che appro-ed probct shall conform to the site plan and building plans s::bmitted by the ❑pplicants and annotated by City stag] attached to this ResolAion as Exhibits A & B. 3. Eny amendments to the plans ❑hich are not in conformity ❑ith City codes may re❑ure CErther ❑tanning Commission and City Co[ ncil re Cie -1. G Ey signing this Resol❑tion, the ❑pplicants agree to the ding oEa cotenant in the title o❑ the 1 roperty prodding that the accessory bJlding All not be❑ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. a. I -sed For a home occ-pation ❑Mess specifically approFed by the city or i-allo -led by this Code. b. ❑sed as a dEelling Euless a g❑est hol-se conditional ❑se permit is obtained. c. Rented, leased or other -rise prol-ided Ior -se as a dEelling Ender any circE nstances. 5. Erior to iss❑rance o❑a bEllding permit Cor the pool ho -se the permit For the septic system shall be receiC,13dCinstallation oEthe septic improEements m❑St commence prior to the Chal inspection and occEpancy oAhe pool hoEse. 6. EEthorities granted by this resol❑tion rEn -lith the ❑Iroperty not -lith the ❑pplicants, bEt are permissiCe only and mEst be eEercised by obtaining a bEilding permit Cor the ne❑ constrl-ction and commencing constr❑ction o-8aid prol-Oct. ❑ Gaming inspection mESt be completed ❑ithin one year o --the date o-CoEncil approial, or the C❑i ] ❑ill e-pire on that date Opril E, E01 ❑❑ I Violation o -or non Compliance -lith any o❑the terms and conditions o1his resollEtion may resElt in the termination oEany alhority granted herein. _I❑O❑❑❑❑ by the Orono City Co_ncil on this Lth day on-pril, E01 8. E❑❑ESEE ❑❑E❑E❑E❑E❑❑E❑E❑E❑E❑E❑❑❑❑❑❑❑❑❑E❑ Enna Carlson, City Clerk CITY OF ORONO: ❑❑E❑E❑❑❑❑❑❑E❑E❑E❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Eennis Walsh, Mayor ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Enders Myhran, ❑roperty O❑ner S❑CC❑ OF MFNNESO❑❑ COEN❑❑ OF HEWN❑❑IN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Lynn Myhran, ❑roperty O❑ner Ehis instrlonent ❑as ackno❑ledged bemire me this ❑Lill day o❑❑❑❑❑❑❑❑❑❑❑q ❑01111q by Enders Myhran, hCsband o❑Lynn Myhran. ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Notary ❑mlic S❑❑❑❑ OF M]5JN❑SOE❑ COEN❑❑ OF HuNN❑❑CN ❑his instrEment ❑as acknoEledged beliore me this ❑E❑ day o❑❑❑❑❑❑❑❑❑ll❑q 11011❑q by Lynn Myhran, ❑iCe oEEnders Myhran. ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ Notary ❑❑blit C c� a i Resol. No. #LA18-000020 Exhibit A �A L Aa O SEPTIC O O H2280 DESIGN ALES REP: Matt Burton Myhran DESIGNS T., Robert Latham2017 Asbuilt "7,18 MBntloaHeig1sMN55120 SOim.:10:09:27 AM Pho�a: es1203 3eoo 7-d v2018.vw ax: 01-17. Fox Street Orono, MN 55356 �" =oaa.awdas�a�m ,Q��:P, 1,-h �- audkauonm�ce�canai r itea. Date aaeam. Date Rension Notes Plant List - Basic ID CARD Qty Common Name 4 Cardinal Do wood CEWP 2 Columnar Eastern White Pine CGB DPB DSA 5 Chica oland Green Boxwood 3 Dakota Pinnacle Birch 7 De roofs Spire Arborvitae EWP EXT GMB 1 Eastern White Pine 27 Existing Tree 5 Green Mountain Boxwood KFG 8 Karl Foerster Feather Reed Gra MDA 18 Maggie Daley Astilbe MFG MTP 6 Miscanthus Flame Grass 5 Mugho Tannenbaum Pine my 1 5 Mohican Viburnum PDG 1 81 Prairie Dro seed TA 1 31 Techny Arborvitae (Exact c m eEe -OU0<C T w -115 -LD s eow ��o Tou 053. n oY 1 � .'Tow 953 '95o iil* �A row gsc M � c F ^80W 1 X00 ❑ J-01 05- - / 3Glb�4.s' 0®C) 0 �� �/ ♦ aw � gsso' ----------------------------r- -- I I ^ I I C I Well I I I I I I I / \ I Scale DESIGN/SALES REP: Matt Burton Myhran DESIGN ASST: Robert Latham 2383PIIotKnobRd —1117118 Mendo ne�gbts,raressi2a 2018 Landscape Concept nme:10:09:30AM Phone' 661.203.3000 SOUTHVIEW ---2017 _8_15_Myhran_Revised_v2018.vwx Ea.asl.ass.173a 2280 Fox Street Orono, MN 55356 ioa.... N'"was °=' v" =d R�`a'tler DEStGz�:. �-I-�— Date Revision Notes U) D r M r rn rn r r Z n -rnn / `i rr----__----- � I v Ilio � lal m°opo IE° c Iml oXn� z �p➢m= Q rn @ D (l D ELDOE�0 o IDI G�=NN 2-4 M771 INI r ISI Z9 / .D -I REF z 4 3'-1 2" > I - 00 STONE SURROUND, �� 0= or--Ncn WWi oPen� TV ABOVE FPS _ � W N WD srpPsce = ==— eENn wi REF DW DELOW DWRS FLOW 6l A rrJ / -- UP rLV UP ntv /UC UP "L UC n> IAWN 2527 WOOD FP IAWN 2527 =0 GAS STARTEE R L 2a'-0" NOT FOR CONSTRUCTION �z---- - - - - -- z- - - - - - -- - sl ResoLNo. a pool house addition to the home of K UH L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans IAWN (or) 'I If 2519 3W Exhibit B ., for construction, it will first be neccessary for #LA18-000020 70 A DESIGN he homeowner y all es due 0 A Lynn &Anders Myhran Kuhl Design Build, and hi) sign Kuhl Design Build,an Malign Kuhl Deaugh Build standard copyright license agreement, fEy II 0 2280 Fox Street BUILD a copy of which will be made available. When those conditions are satisfied, the N Orono, MN 55356 'fl designs may be used without infringement of it Kuhl Design Builds' Copyright. w 412 i _ D N II 71 III rn - I I I III 1----------- t ----------------- rt----------- r rn rn r r Z n -rnn / `i rr----__----- � I v Ilio � lal m°opo IE° c Iml oXn� z �p➢m= Q rn @ D (l D ELDOE�0 o IDI G�=NN 2-4 M771 INI r ISI Z9 / .D -I REF z 4 3'-1 2" > I - 00 STONE SURROUND, �� 0= or--Ncn WWi oPen� TV ABOVE FPS _ � W N WD srpPsce = ==— eENn wi REF DW DELOW DWRS FLOW 6l A rrJ / -- UP rLV UP ntv /UC UP "L UC n> IAWN 2527 WOOD FP IAWN 2527 =0 GAS STARTEE R L 2a'-0" NOT FOR CONSTRUCTION F _ a pool house addition to the home of K UH L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans ., for construction, it will first be neccessary for A DESIGN he homeowner y all es due A Lynn &Anders Myhran Kuhl Design Build, and hi) sign Kuhl Design Build,an Malign Kuhl Deaugh Build standard copyright license agreement, fEy 2280 Fox Street BUILD a copy of which will be made available. When those conditions are satisfied, the Orono, MN 55356 .a ,,,<, ..s,z., 9 designs may be used without infringement of Kuhl Design Builds' Copyright. F to C) D M is 0 i 0 N O C rn r rn D O Z rn D U) i rn r rn O z A 0 to C) D m i CD Z O �i 1 rn rrn O Z rn N i rn r rn O z 0 a pool house addition to the home of K UH L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans ., A DESIGN for construction, it will first be neccessary for the homeowner to (i) pay all design fees due N A 0 to C) D m i CD Z O �i 1 rn rrn O Z rn N i rn r rn O z _ a pool house addition to the home of K UH L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans ., A DESIGN for construction, it will first be neccessary for the homeowner to (i) pay all design fees due N A Lynn &Anders Myhran Kuhl Design Build, and (ii) sign Kuhl Design Build standard license fEy 2280 Fox Street BUILD copyright agreement, a copy of which will be made available. Whenthose conditions are satisfied, the Orono, MN 55356 .a ,,,<, ..s,z., 9 designs may be used without infringement of Kuhl Design Builds' Copyright. Z O rn N rn x rn 70 O 70 Fn NOT FOR CONSTRUCTION N O c rn N rn 70 O 70 rrn _ a pool house addition to the home of K UH L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans ., A DESIGN for construction, it will first be neccessary for the homeowner to (i) pay all design fees due ` p Lynn &Anders Myhran Kuhl Design Build, and (ii)sign Kuhl Deaign Build standard license fEy �J 2280 Fox Street BUILD copyright agreement, a copy of which will be made available. Whenthose conditions are satisfied, the Orono, MN 55356 .a ,,,<, ..s,z., 9 designs may be used without infringement of Kuhl Design Builds' Copyright. Scale 1/8" = 1' Well 2280 Fox Street Mkhran 2017 Asbuilt SEPTIC -958 DESIGN/SALES REP: Matt Burton DESIGN ASST: Robert Latham Date: 1/ 17/18 Time: 10:09:27 AM File name: 2017 8 15_Myhran Revised v2018.vwx Orono, MN 55356 This drawing contains proprietary information which Released By: belongs to Southview Design Inc. Any unauthorized duplication or use is strictly prohibited. Date Released:_ !—iI Date I Revision Notes I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 I I I 1 1 1 2383 Pilot Knob Rd Mendota Heights, MN 55120 Phone: 651.203.3000 Fax: 651.455.1734 southviewdesign.com Est. � I .tic 1978 SOUTHVIEW .-DESIGN-t- landscape contractors Plant List - Basic ID Qty Common Name CARD 4 Cardinal Dogwood CEWP 2 Columnar Eastern White Pine CGB 5 Chicagoland Green Boxwood DPB 3 Dakota Pinnacle Birch DSA 7 Degroot's Spire Arborvitae EWP 1 Eastern White Pine EXT 27 Existing Tree GMB 5 Green Mountain Boxwood KFG 8 Karl Foerster Feather Reed Gra MDA 18 Maggie Daley Astilbe MFG 6 Miscanthus Flame Grass MTP 5 Mugho Tannenbaum Pine my 5 Mohican Viburnum PDG 8 Prairie Dropseed TA 3 Tell Arborvitae Proposed Fence (Exact Path TBD) Existing Fence to be Replaced and Relocated Tu -f 0 oa ° ° °o v. o °o ^o <o ot0 o�g000 o o< o ° o > o. °r o ° \ O 00✓! fp 00° O OO f0 00° n o o I Y D o r 0- o vc-o o 0 • BW / 050'0 - O / �53fl TOW 053' BOW 050 Turf Length: I,' LFs urf Turf J� Wall - ----__ ----Avg. Lenc o 0 o u° 0 Arec 0 o°O 0 o zo oo > O c (InclL O . o O 0 ' � 00° I°o 0 0 weep E -c wool O TOW 053' BOW 050t'1 B I Length: 120 LF Avg. Height 3.5' Area: 540 SF (Includes Base J� 40' O' Sea O weep E -c wool O N S-ep BOW 054 ' TW / 0560 9bL H i h \� O r a 4 5 O BW / 35GO'' O�41 \/ 058'0"" 0'0' Wall C: ^ Length 23 Jv, Avg. Height 2 Area: E9 5F ------ (Includes Bo_ �5G rl cuss Hot Tub Gover '6 Storage Area - 7 3G RAVEL P-nro bre 2 r 7 L J ®e, �d II ?oal Equ O TOW 948' BOW 044' '' Oulder Seat Wall: Length: 24 LF Avg. Height 20" Area: 04 SF (Includes Base Course) TOW 048' BOW 045' TOW 054' BOWBOW g48 Wall A Length: 37 LF- Avg. FAvg. Height: 4.17 '\rea: 191.29SF Includes Bose Course) TOW 054' 3OW 050' / 056'0" ♦ BW / 0530" \� TOW054' BOW 052' Turf 1:1:111■W.Tll Haul Road I O ay 00 Erosion Control Turf Silt Fence � � O O Sod Repair: i - ♦` p I Area: 3,382 SF � I 'Haul Foca ♦3,.382 SF/12SF = 331 Sod Rolls = Approx. 5.5 Pallets STAGING AREA Well � I � I O Scale DESIGN/SALES REP: Matt Burton 1" = 10' Myhllow an DESIGN ASST:Robert Latham2383 Pilot Knob Rd Est. X9,8 Date: 1/17/18 Mendota Heights, MN 55120 2018 Landscape Concept Time: 10:09:30 AM Phone: 651.203.3000 SOUTHVIEW File name: 201 7 8 15 Myhran Revised v2018.vwx Fax: 651.455.1734 N -- — — — southviewdesign.com D E S I G N jr 2280 Fox Street Orono MN 55356'belongs Design Iarync. Released By: landscape contractors belongs to Southview Design Inc. Any unauthorized duplication or use is strict) prohibited. Date Released: Date Revision Notes r D Z rn 70 NOT FOR CONSTRUCTION DG') 7070 rn� Dr a pool house addition to the home of K U H L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans for construction, it will first be neccessary for IMthe DESIGN homeowner to (i) pay all design fees due c Lynn & Anders Myhran Kuhl Design Build, and (ii) sign Kuhl Design k BUILD Build standard copyright license agreement, 4�y 0 2280 Fox Street a copy of which will be made available. 7515 S. 5TH ST., HOPKINS When those conditions are satisfied, the Orono, MN 55356 MN 55343 952.935.9469 designs may be used without infringement of Kuhl Design Builds' Copyright. 0 rn r rn D O z rn rn r rn D O z 0 U) m z O �i rn r rn D O z rn U) 4 rn r rn D O z a pool house addition to the home of K U H L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans for construction, it will first be neccessary for N M m Lynn & Anders Myhran the homeowner to (a pay all design fees due Kuhl Design Build, and (ii) sign Kuhl Design k�Jy BUILD Build standard copyright license agreement, N c? 2280 Fox Street a copy of which will be made available. Orono, MN 55356 1515 S. STH 6T., HOPKINS MN 55343 952.935.9469 When those conditions are satisfied, the designs may be used without infringement of Kuhl Design Builds' Copyright. I I I fI .� �•� til f t� ` Ifl z rt 1 1 r k o r Ui M X M 70 O 70 < _ o rn �. :< Ik NOT FOR CONSTRUCTION O C� S i rn rn 70 O 70 rn no 2 a pool house addition to the home of K U H L COPYRIGHT KUHL DESIGN BUILD If another contractor will be using the plans for construction, it will first be neccessary for M DESIGN the homeowner to (a pay all design fees due c > Lynn & Anders Myhran Kuhl Design Build, and (ii) sign Kuhl Design k p BUILD Build standard copyright license agreement, 4�y 0 2280 Fox Street a copy of which will be made available. 1515S. 5TH ST., HOPKINS When those conditions are satisfied, the Orono, MN 55356 MN 55343 952.935.9469 designs may be used without infringement of Kuhl Design Builds' Copyright. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. 7. LA18-000020 KUHL DESIGN, 2280 FOX STREET, CONDITIONAL USE PERMIT, 7:58 P.M. — 8:04 P.M. Dan Murphy, Applicant, was present. Curtis stated the applicant is requesting a conditional use permit to construct a pool building with the installation of a full bathroom, including shower. The building will be used seasonally and is a permitted use. The bathroom facilities require a conditional use permit. A conditional use analysis was provided in the staff report. Staff did receive a phone call from a neighbor who had some questions about the proposal, but no formal concerns have been submitted. Staff recommends approval of the conditional use permit conditioned upon septic system compliance and the property owner's agreement to the filing of a covenant in the title of the property providing that the accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by this Code; used as a dwelling unless a guest house conditional use permit is obtained; or if rented, leased or otherwise provided for use as a dwelling under any circumstances. The Planning Commission had no questions for Staff. Dan Murphy, Kuhl Design Build, stated he knows one of the concerns for a conditional use permit is that the structure will be used as a dwelling. Murphy noted none of the walls are insulated and that there will be a sliding screen that goes up and down on the posts. In addition, there is no heat supply to the structure and as a result it can only be used during the summer. Murphy stated the structure will be strictly for pool use only. Murphy noted they are on track for septic approval and that the property owners have already paid for the septic and the money is in escrow with the City. Murphy indicated they are fine with the covenant. Murphy stated the neighbors down the road were talking about doing some pine tree landscaping along the roadway to make it more private and that he talked to the homeowner about it today. Schoenzeit asked how they can drain a chlorine pool with a septic system. Murphy indicated the pool is not drained and that it will be covered in the winter. Chair Thiesse opened the public hearing at 8:03 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:03 p.m. Thiesse stated it appears the applicants are addressing the septic and that all the other issues are resolved. Leskinen moved, Lemke seconded, to recommend approval of Application No. LA18-000020, Kuhl Design, 2280 Fox Street, granting of a conditional use permit. VOTE: Ayes 6, Nays 0. Date Application Received: 02/22/18 Date Application Considered as Complete: 03/12/18 60 -Day Review Period Expires: 05/11/18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 19 March 2018 Subject: #LA18-000020, Kuhl Design o/b/o Anders Myhran 2280 Fox Street, Conditional Use Permit (CUP) Public Hearing Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in an accessory pool building. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant wishes to install full bathroom facilities in an accessory pool building on their property. The building will be seasonal in nature and a conditional use permit is required due to the proposed shower/bathing facilities. Applicable Regulations: Plumbing in the Pool House CUP (Section 78-418(6)) The proposed seasonal pool house is permitted, the applicant's request to install a bathroom with full bathing facilities requires a CUP. A full bathroom within a pool house is not an unusual request as many homeowners with pools prefer to provide restroom and showering facilities for pool guests in a pool house. 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 pool house 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. FIE] EL1118YD000L0 1 ❑ Mar 0018 ❑age Coll] 4) Provided with an adequate water supply and sewage disposal system; The applicant understands that the approvals will be contingent with compliance with the septic system codes. 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 pool house is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The pool house with 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 pool house with plumbing is expected to be residential in character and consistent with that of the principal structure 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 pool house with 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 pool house will be situated in a confirming and will not be significantly visible when viewed from off the Property on the street side, and the views from the neighbors will be be screened somewhat by existing 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 pool house 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 pool house 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 pool house 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: F - i L-18 0000-0 11 IMar _018 i age 3 o_i_i 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. 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. Septic System Status The septic system on the property requires some upgrades, and an escrow has been collected by the City to guarantee those upgrades happen. The project will conform to all applicable septic codes. The building official provided the following comments: As -built survey of the previous retaining wall project needs to be provided to verify proximity of walls to alternate septic site. Verification that the alternate septic site was not compromised during the work on the retaining wall project which was completed in 2017 is needed. A permit for the septic system is required and installation of the septic improvements must commence as soon as possible this spring, weather permitting. Conditional Use Permit Analysis Staff finds that the property and the proposal comply with the CUP criteria and the City Code requirements regarding a pool house use with a full bathroom. 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 recommends approval conditioned upon septic system compliance and the property owner's agreement to the filing of a covenant in the title of the property providing that the accessory F=L- i L-18 0000-0 11 IMar _018 i age i o i 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 Exhibit B. Project Narrative Exhibit C. Existing Survey Exhibit D. Proposed Site Plan Exhibit E. Proposed Building Plans and Elevations Exhibit F. Property Owners List Exhibit G. Plat Map AGENDA ITEM Item No.: 17 Date: April 9, 2018 Item Description: Local 49 Collective Bargaining Agreement Memorandum of Understanding Presenter: Dustin Rief, Agenda Consent Agenda City Administrator Section: 1. Purpose. The purpose of the this action is to adopt a Memorandum of Agreement outlining an exception to the employee scheduling and overtime rules as defined and subject to the bargaining agreement between the City of Orono and the International Union of Operating Engineers Local 49 for the Parks and Golf Course Supervisor Position. 2. Background. The nature of the Parks and Golf Course Supervisor position and duties requires additional schedule flexibility. The Park and Golf course Supervisor position was created and pulled into the bargaining unit after the majority of the CBA was developed. The CBA is focused on the Public Works Maintenance Worker and Public Works Supervisor position work schedule and was not written with the Parks Supervisor's schedule in mind. The Parks and particularly the Golf Course area 7 day week operations during the summer season and the Parks supervisor has requested the flexibility to adjust his 40 hour work week into the weekends in order to have a presence at the parks and supervise the seasonal staff that is working on those days. 3. Staff Recommendation. Recommend Approval of the MOU. COUNCIL ACTION REQUESTED Motion to approve the Attached Memorandum of understanding with the International Union of Operating Engineers Local 49 with respect to the Parks and Golf Course Supervisor Position Exhibits Exhibit A. Memorandum of Understanding References Exhibit A. Local 49 CBA, 23 Mar 18 Prepared By: Reviewed By: / Approved By: -TV MEMORANDUM OF UNDERSTANDING Between o The City of Orono e And International Union of Operating Engineers, Local No. 49 March 30, 2018 RE: Park and Golf Course Supervisor Scheduling Flexibility The purpose of is memorandum is to outline an exception to the employee scheduling and overtime rules as defined and subject to the bargaining agreement between the City of Orono and the International Union of Operating Engineers Local 49 for the Parks and Golf Course Supervisor Position. Relevant bargaining agreement articles: Articles 3.1 and 12.1 defines overtime as: Overtime is defined as all hours in excess of forty (40) hours per week Monday — Friday; all hours worked on Saturday and Sunday and all hours worked on a non -weekend holiday. Article 11.1 defines the normal workday and the employer's authority to set work schedules: The sole authority in work schedules is the Employer. The normal regular work day shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. Public Works normal scheduled work hours are from 7:00 a.m. to 3: 30 pm. The nature of the Parks and Golf Course Supervisor position and duties requires additional schedule flexibility. To that end both the City and Local 49 agree that the Parks and Golf Course Supervisor shall be allowed to work a flexible work schedule with overtime defined as any hours in excess of forty (40) hours per week, Monday through Sunday. The schedule for this position will be coordinated between the Parks Supervisor and Public Works Director in advance of each pay period with flexibility allowed to react to environmental changes. CITY OF ORONO INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 Date Date Dennis Walsh, Mayor Glen D. Johnson, Business Manager Anna Carlson, City Clerk Ray Donohoe, Business Representative AGENDA ITEM Item No.: 18 Date: April 9, 2018 Item Description: Planning Commission Recognition — Resolutions Presenter: Jeremy Barnhart, Community Agenda Presentation Development Director Section: 1. Purpose. Formally recognize three members of the Planning Commission recently completing their 3rd, three year term. 2. Background/ Summary. Three Planning Commissioners, Denise Leskinen, Loren Schoenzeit, and Jon Schwingler recently completed their 3' 3 year term. 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 Exhibit A. Denise Leskinen Resolution Exhibit B. Loren Schoenzeit Resolution Exhibit C. Jon Schwingler Resolution Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION OF APPRECIATION TO DENISE LESKINEN FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PLANNING COMMISSION WHEREAS, Denise Leskinen has served this community with distinction as a member of the Planning Commission since her appointment on April 13, 2009; and WHEREAS, her over 9 years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, she served as the Planning Commission Vice Chairperson from 2011 to 2013 when she was appointed to Planning Commission Chairperson until 2016; and WHEREAS, she has earned the respect, admiration, and high regard of those with whom she has worked; and WHEREAS, the performance of her duties and responsibilities as a member of the Planning Commission has been characterized by thoughtful and productive contributions to the community. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono does hereby express its sincere appreciation and thanks to Denise Leskinen for her distinguished service to the community and does also highly commend her for the manner in which she has carried out her duties and responsibilities. BE IT FURTHER RESOLVED, that the City Council extends to Denise their best wishes for continued success in her future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 9th day of April, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION OF APPRECIATION TO LOREN SCHOENZEIT FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PLANNING COMMISSION WHEREAS, Loren Schoenzeit has served this community with distinction as a member of the Planning Commission since his appointment as an alternative on October 8, 2007 and appointment as a regular member on March 9, 2009; and WHEREAS, his 11 years of service have been marked by exemplary dedication to the best interests of the community; and WHEREAS, from 2011 to 2013 he served as Planning Commission Chairperson; 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 excellent 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 and thanks to Loren Schoenzeit 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 Loren their best wishes for continued success in his future endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 9th day of April, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION OF APPRECIATION TO JON SCHWINGLER FOR DISTINGUISHED SERVICE AS A MEMBER OF THE PLANNING COMMISSION WHEREAS, Jon Schwingler has served this community with distinction as a member of the Planning Commission since his appointment on October 8, 2007; and WHEREAS, his 11 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 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 and thanks to Jon Schwingler 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 Jon their best wishes for continued success in his fixture endeavors. Adopted by the City Council of Orono, Minnesota at a regular meeting held this 9th day of April, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor AGENDA ITEM Item No.: 19 Date: April 9, 2018 Item Description: LAI 8-000022 — George Stickney o/b/o Judson Dayton, 825 Old Crystal Bay Road South, Preliminary Plat (Topside) — Resolution Presenter: Melanie Curtis, Agenda Planning Department's City Planner Section: Report 1. Purpose. This application is regarding a preliminary plat application for a subdivision of the property to create a total of 2 lots for single family homes where one lot currently exists. 2. MN§15.99 Application Deadline. The application was received on December 27, 2017 and was considered to be complete on February 21, 2018. The 120 -Day review period will expire on June 20, 2018. Background. The applicant is proposing subdivision of the single lot into two lots. The plat is proposed as a front lot/back lot configuration with a private driveway outlot serving both lots. City sewer lines exist in Old Crystal Bay Road South, directly abutting the property. According to City Code 82-224, because sewer is available the lots should be served by City sewer (and private water supply wells). The applicant has requested a waiver from the sewer connection requirement until such time when the property is further developed (see Exhibit E). The lots, as proposed, meet the minimum acreage requirement for LR -IA and the back lot requirements of 150% area and setback dimensions. The preliminary plat reflects a proposed grading plan for Lot 1 to establish a new engineered grade for building height determination. The plat also reflects establishment of a building pad for Lot 1 lakeward of the average lakeshore setback due to the extreme setback line and disconnected nature of the immediately adjacent lakeshore homes. 4. Planning Commission Comment. On March 19th, the Planning Commission held a public hearing and reviewed the application. Following the public hearing the Commission voted 6 to 0 on a motion to approve the preliminary plat and building pad establishment for Lot 1. The Commission provided recommendations regarding a handful of issues as follows: a. Relocation of the Air Conditioning Units — the Planning Commission felt that the existing air conditioning units could be addressed with an easement if the new owners of Lot I were amenable. b. Average lakeshore setback for Lot 1 — the Planning Commission supported the "waiver" of the average lakeshore setback for Lot 1. c. The Sewer Waiver request — The Planning Commission was generally supportive of waiving the sewer connection requirement until the property was more intensely developed. d. Hennepin County comments — The Planning Commission commented generally, and directed the applicant to work with Hennepin County on the existing monument/gate/fence encroachments within the 33 foot right-of-way to be dedicated. 5. Public Comment. No comments from the public were received regarding this application. 6. Other Agency Comment. Comments were provided from the Minnehaha Creek Watershed District and Hennepin County. Final plat approval will not be granted until all applicable permits and approvals from those agencies are received. Prepared By: MOO Reviewed By: J. Barnhart Approved By: 5bV AGENDA ITEM 7. Staff Recommendation. Staff recommends approval of the preliminary plat including the lake setback establishment for Lot 1 at 80 feet from the OHWL. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the approval resolution relating to the preliminary plat. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Plat Exhibit C. Draft PC Minutes Exhibit D. PC Staff Report Exhibit E. Sewer Waiver Request - Applicant References PC Exhibits #18-3994 Preliminary Plat 01/16/18 Exhibit A. Application Exhibit B. Preliminary Plat Drawing Exhibit C. Project Summary Exhibit D. Landscaping Plan Exhibit E. Sewer Connection Waiver Request Exhibit F. Septic Plans a. Lot 1 b. Lot 2 Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Exhibit L. Exhibit M. Exhibit N. Exhibit O. Exhibit P. Exhibit Q. Septic Review Comments — Peitso 01/05/18 Conservation Design Plan by Jacobson Environmental, PLLC 12/15/17 Wetland Delineation — Jacobson Environmental 10/19/17 MCWD —NOD Wetland Approval 12/19/17 Average Lakeshore Setback Exhibit — by staff MCWD — Development Comments Sewer Maps City Code Sections Map Property Owners List Engineer Comments Prepared By: MOO Reviewed By: J. Barnhart Approved By: 5bV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A PRELIMINARY PLAT FOR THE PLAT OF TOPSIDE FILE NO. LA18-000022 WHEREAS, zdson M. -cyton and Shelley Mydraliayton, tr-stees on behal�:oCThe Judson M. Dayton Revocable Trust Agreement, dated October 31, 1988 and Shelley Mydra- Dayton, personally, are the o-ners o -the property addressed 825 Old Crystal Bay Road South ChereinaCter the CO-ners--tiand WHEREAS I-lecember 1 y ❑01 q George Stickney Ihereinaltler the Ince-eloperu� on behal-o❑the OFIners, applied or I-lreliminary Clat approi-ol to s-bdiClde the property into t❑o b-ildable lots and an access oAlot For the property legally described as❑ That part of Lot 35, In Auditor's Subdivision No. 230, Hennepin County, Minnesota, and of Government Lot 7, in Section 9, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: beginning at a point 302.81 feet South of the North line and 462.00 feet West of the East line of said Government Lot 7,- thence ,thence East parallel with the North line of said Lot 7 a distance of 462.00 feet to the East line of said Lot 7; thence North along the East line of said Government Lot 7, a distance of 302.81 feet to the Northeast corner of said lot, thence continuing North along the North and South centerline of Section 4, Township 117, Range 23, a distance of 216.7 feet to an intersection with the Easterly extension of the South line of Lot 34 in the above mentioned Auditor's Subdivision No. 230, Hennepin County, Minnesota; thence Westerly along the Southerly boundary line of said Lot 34 and extension thereof to the Southwest corner of said Lot; thence Southerly along the extension of the West line of said Lot 34 to a point 1071.18 feet Southerly measured along the West line of said Lot 34 and the extension thereof, from the Northwest corner of said Lot 34; thence Westerly deflecting 81 degrees 06 minutes to the right from the last described course, 159.66 feet, thence continuing Westerly deflecting 2 degrees 30 minutes to the right from the last described course, a distance of 124.65 feet; thence Southwesterly on a tangential curve to the left with a radius of 388.66 feet, a distance of 193.75 feet to the point of compound curve; thence Southwesterly on a tangential curve to the left with a radius of 212.81 feet, a distance of 160.52 feet; thence Southwesterly in a straight line, tangent to said last described curve a distance of 2.89 feet to the Southerly line of aforesaid Section 4; thence West along the South line of said Section, 285.29 feet, said last described point being the Southeast corner of Government Lot 1 in said Section 4; thence Southwesterly deflecting 35 degrees 17 minutes to the left from said last described course, a distance of 110.3 feet; thence Southwesterly deflecting 45 degrees 28 minutes to the left from said last described CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. course, a distance of 115.00 feet; thence Southwesterly deflecting 21 degrees 40 minutes to the right from said last described course, a distance of 174.00 feet, more or less to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to its intersection with a line running Southerly parallel with the East line of above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of beginning, said last described course being hereinafter referred to and designated as "Line X';- thence North parallel with the East line of said Government Lot 7 to said point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of beginning; thence North 12 degrees 54 minutes 40 seconds East 766.76 feet to the point of beginning said last described course being hereinafter referred to and designated as "Line Y'; EXCEPTING from above described premises, the following described tract (hereinafter sometimes referred to as the "EXCEPTED TRACT) to -wit. Beginning at the same point of beginning as above described; thence North 52 degrees 03 minutes 14 seconds West, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, 316.24 feet; thence South 26 degrees 48 minutes 53 seconds West, 556 feet, more or less to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with said "Line X" hereinabove described; thence North along said "Line X" to its intersection with "Line Y" as hereinabove described, thence North 12 degrees 54 minutes 40 seconds East along said "Line Y" 766.76 feet to the point of beginning. For the purpose of the foregoing descriptions, the East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line, Hennepin County, Minnesota, ❑LTI]COC11-I:L3L11110001 [thereinaLlOrthe I:DropertyELI WHEREAS, the DeCeloper red] ested establishment oCa bJlding pad location lake❑ard o❑ the aLL-rage lakeshore setback line Lor proposed Lot 1, and WHEREAS, on March 1 ❑, C018, actor p-blished and mailed notice in accordance ❑ith Minnesota States and the City Code, the lanning Commission held a pmlic hearing, at Chich time all persons desiring to be heard concerning this application ❑ere gi«n the opportl-nity to speak thereon hand WHEREAS, on March 1 ❑, ❑018, the ❑lanning Commission recommended approCol o❑the preliminary plat inclLding the bJlding pad location Cor Lot 1 lake❑ard o❑the aF,13rage lakeshore setback IineCand CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, on ❑pril ❑, ❑018, the City CoCncil reCieCed the application and the recommendations o -the ❑tanning Commission and City sta=iand WHEREAS, the City CoCncil rete❑ed the proposal at a regdar meeting held on Cpril ❑, ❑018, and hereby made the Collo❑ing findings Cith regards to this application❑ FINDINGS OF FACT: Phis application Cas re Fie -led as toning File CL❑18iT000CC. Che analysis contained ❑ithin staPmemos and the el hibits attached to the aforesaid memos, all minFtes From the aboLo mentioned meetings, and any and all other materials distribi_ ted at these meetings are hereby incorporated by reference. ❑. Phe Property is gCided Cdr Loi- riensity Residential in the ❑030 CommCnity Management Plan. 3. the roperty is located in the LRC1 ❑ One Family Lakeshore Residential I oning I-listrict ❑hich re❑Gres a minim::rn o=O acres and C00 met o❑CidthCthe Property contains ❑0.58 acres in area and has a deed lot ❑idth o❑ oCor 100 Leet at the lakeshore. C'. I -lie Iroperty is locatedI-lithin the Metropolitan ❑rban SerClce Crea CM❑S-I❑ Se -ler is a-ailable to the Property in Old Crystal Cay Road SOCth. City Code [Sec. 8❑CDC❑:1e 11res the connection to seer Phere a, ailable, hoPel or the ❑eCeloper has asked Cor a Cai-er o❑this re❑-irement [-ntil s❑ch time -ihen the Property is anther del -eloped. ❑hey hai_ o prodded acceptable septic system designs or the neC Lot 1 as ❑ell as a neC alternate site :or the edsting home on Lot :1 Phe City Co-ncil has the aCthority to deCiate Tom the se -ler connection rel Il irement i they determine there are eftraordinary conditions. 5. ❑he CeCeloper proposes that both lots be serCed by priiEate septic systems and priL8te I- sells -or the ollo ling reasons -I a. Cmple Preas :Or Placement oCSeptic Sites. ❑ecaPse oCthe large lot siCe, the areas alilable Cor the placement o❑septic systems are also large. Nothing mCst be shoehorned in to it the lots. b. Seer Line Length. Co connect to the p-blic sePer system lying along Old Crystal Cay Road, Poled re❑IJre an e-traordinarily long sePer line connection. ❑he connecting line, from Old Crystal -lay Road to the easterly line o❑the ❑esterly lot CoC]d be appro-imately 1,000 eet. Phat is an eftraordinary distance Cor a connecting sePer line. Chen, a ter r ming ❑esterly approlimately 1,000 Leet, the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. connection to each lot -loAd ha -0 an additional ri= n o❑approCimately 500 more Feet, to reach the e:1sting and planned improfements on the lots. C. Cost. ❑he cost to install a connecting se-_ler line of the length stated abol: a ❑o❑Id be approFimately 050,000. -o rin connecting lines From the common line to the improi�ments on the t❑o lots F --]odd add approumately ❑❑"000 or the main lot, and approJmately Vii- 000 or the ❑esterly lot, or a total cost o-aboit ❑1-0,000. d. OnEiironmental 0mpact. ❑ priCate seer line that m Ist be eloaCated oCer the distances here in C-estion ❑oC7d hale a greater eCect on the enlironment, than E6 Id a seer line ooa more typical shorter length. 6. I he nroperty is I lithin ❑ier 1 and hardcoler on each lot is limited to 15n according to the Storm) -later F l ality OCerlay-listrict Map. C. 0he Croperty ❑ill be s0bdii-Ided as a front IotCback lot di:Jsion resAting in ❑ bEildable lots and platted priCate d6 eCay oCtlot. Loth lots conorm to the sii a and lidth re❑Cirements o❑the City Code or the LRA ❑ district and back lot sibdidsions. 8. Lot 1 -rill be delined as a back lot meeting the re rirements of -)City Code Sections I-8❑ 1310 and 8❑15611he setbacks Cor rear and side yards on Lot 1 shall be 1501 of -the LRC: 1 ❑ setback re❑Cirements. iccess to the iroperty is Iia the edsting driie❑ay to be contained ❑ithin a platted o1lot serEiing both Lots 1 and ❑ o❑17o❑Old Crystal Cay Road South COS❑H 8❑Cl a piblic street. Lot 0 ❑ill continie to also maintain a secondary access ra the dri:e❑ay to the soCth. 10. ❑he Ceieloper has prepared grading plans to manage storm -later on site Citho❑t negatiEely impacting ad0acent parcels. 11. I_he I_IeColoper has proposed grading on Lot 1 to establish a ne❑ engineered grade or bEJlding height determination. 1 F. In considering this application for a-erage lakeshore setback leriance, the CoFncil has considered the ad:Ace and recommendation o1he Clanning Commission and the erlbct o❑ the proposed sCbdirsion Cpon the health, sa=ety and ❑elCare o❑the comminity, ersting and anticipated tra_ie conditions, light and air, danger 6]ire, risk to the plJblic safety, and the elTect on )ekes o' -property in the sr rroEnding area. Che eCisting Layton home at &_5 Old Crystal -lay Road Soith Ilhe❑i Lot A -land the home at 3051 Farre❑ Lane determine the a_-erage lakeshore setback line or the home on Lot CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1. Che Clel:eloper has proposed a b ilding enFelope area on the plat dra❑ing to reelect their desired encroachment. ❑he home Cold be permitted as close as 80 Feet From the ordinary high [later IeCel. ❑he orientation oCthe Fayton home to the east is Facing mostly directly so❑th and east and is s -ch that no Cie❑s oCthe lake Clill be impacted by the location o --a home on Lot 1. ❑he home at 3051 FarEjeF Lane has no lake JeFs oCer this Lot 1 dCe to the e:Jsting trees and topography as ❑ell as their o❑n homesorientation to lake Fhich are primarily f-estern Jens. 13. Che ❑ark Fee is determined as 8F oFthe Air market Cale o❑the land being sLbdiCjded, blit m❑st be bets leen a minim -m oFF3, -50 and a ma-im--m o❑❑5,550 per residential d❑elling --nit. For the proposed de--elopment, the l lark Fee ❑oJd be based only on the neF lot. ❑he City --ill conlirm the park dedication re--Cired at the time o❑final plat. [-he --arks, mails and Open Space element o the Orono CommCnity Management --Ian COM--❑ has plans For trails that may specifically re❑Clre dedication o❑ land Mom the Froperty. Fo accommodate a-I]tCre trail, a 10❑Fide trail easement along the Old Crystal Cay Road Montage shoCld be granted as part o❑the plat as sFggested by the --arks Commission. F 33uFcot rightloway dedication to Hennepin CoCnty is shown along Old Crystal :lay Road Solh. 1 L� f_Ihe OI_Iners ha 0 sCbmitted a Conser ation ❑nCironmental Fhich delihing ❑hat nate ral shoed occ r. in-entories and describes FelFes o-Ithe site sho Id t ❑esign Report prepared by I_acobson the endronmental CeatCres o❑the site, �e preserFed or enhanced and ho] that 15. Fccording to the Eacobson Report, the FeCeloper --ill be implementing a COCicot Elide no❑ c❑t b❑❑ -or along all proposed lot lines :10Cueet on either side oCthe interior lot lines ❑ithin the plat❑to preser-e the eC7sting trees lor screening. Significant trees may only be c -t i❑ they are diseased or damaged, and All be replaced at a ❑C1 ratio. Che Eacobson Report states that reed canary grass ❑as identilied Fithin the ❑etland basins on proposed Lot ❑F no management is proposed. CONCLUSIONS, ORDER AND CONDITIONS: NOW, THEREFORE, BE IT RESOLVED, based --pon one or more oAhe aboCe findings, the Orono City Co::hcil hereby grants --reliminary Clat Eppro❑al to alto-- the sFbdi7sion o --the Eroperty into -- bCilding lots and one o--tlot, -lith an established b Ading pad location 80 Leet Mom the ordinary high Eater le -01, lake❑ard o -the aCerage lakeshore setback line or Lot 1, as depicted on the preliminary plat dra❑ing and grading plan dated OFE111118 prepared by ❑ronberg and Fssociates, attached as Exhibit A, sCbFect to the -oIlo❑ing conditions❑ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 1 ❑ Cpproi-al is sl::blect to Minnehaha Creek Watershed ❑istrict -hereina-tier the FMCWI ❑- approiial and permits as re_ Eired. Final Elat appro-81 shall not be granted -htil the le-oloper has prodded eCidence that all rel --fired MCW❑ permits haEe been obtained. ❑❑ ❑ppro--al is sect to Hennepin CoCnty appro-al ofthe proposed pri-ate drife❑ay location, right�oDay dedication, and permits as reE::Jred. Final ❑lat appro-al shall not be granted ❑ntil the ❑IeCeloper has pro -ided eCidence that all reEEired Hennepin CoCnty permits hafe been obtained. 3❑ ❑he ❑e�-eloper shall address the applicable general engineering comments andsfor conditions proiEided by City Engineer in a memo dated March 15, ❑018 attached hereto as Exhibit B Cith the 'mal defelopment plan sEbmittal. C❑ Regardless o❑timing o❑constrfction on Lot 1, the -1l erage Lakeshore Setback -or Lot 1 shall be 80 A�et Tom the ordinary high Eater leEel. 50 Che ❑roperty ❑las not assessed -or se lerl Inor L las a seller st -b installed ❑hen the se -Der Cas constr❑cted in Old Crystal ❑ay Road. Connection to City se-er shall be deferred Cntil sCch time ❑hen Lot 1 or Lot ❑ is E=rther deLeloped. 6❑ Eel-Olopment shall adhere to the proposed I_acobson ConserEatlon I_lesign Report. f❑ erosion control shall adhere to "f lest Management 1ractices -br flrotecting Water ❑ I ality in Crban ❑reqs" and to the approj3d SW -iii -I. EII erosion controls as re❑❑fired by the City and the MCW❑ shall be in place prior to commencing grading and efcafation on the site. CII s❑ch erosion control meas❑res shall be maintained in ❑orking order ❑ntil the site is Eegetated and stabilil-ed. 80 Che constrEction limits shall be clearly marked ❑ith ade❑❑ate Lencing to preEent any constrEction damage or dist--_-bance o❑any trees and Eegetation oEtside o❑the constrErtion limits area. ❑efeloper shall identify trees to be preser lad on site, shall mark them on a site plan, and shall take eEtraordinary measilres s❑ch as fencing, signage, etc. to ensile they are not distLrbed. CE Chis approfal is based -pon the knoEn issEes that may acct this proiroct, bft this approfal does not limit the City Isom reCising or amending these conditions as the relde❑ process contin fes. 10E-pon el-idence o❑resettlement history, the EeEaloper shall cease all actii Ity and contact the City and the State Historical [-]reserCation OACe prior to proceeding. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 11 EViolation o❑or nonitompliance Eith any o❑the terms and conditions o❑this resole tion may rese7t in the termination o❑any al-thority granted herein. 1 ❑EEasements Re❑Eiired. a. Erainage and ❑tility Easements shall be dedicated to the pEblic on the Coal plat M -along all eCterior property lines, and 5❑either side o❑interior property lines, eEcept sEch easements shall be increased to accommodate drainage ❑here re❑Eiired, sEblect to City sta[EapproEal. b. E ❑rainage and ❑tility easement shall be dedicated to the p: blic on the plat oEer the storm [later pond area and storm Eater Facilities. c. E ❑rainage ❑easement shall be granted oCer ❑etlands on the ❑roperty. d. E ❑❑blic ❑rail Easement shall be dedicated o❑er the easterly 10 Leet oCthe Eroperty, eCcle_sie e oCany right o❑nay. 13=eCe1opment Fees❑ a. Storm❑ater and ❑rainage ❑r nk Fee❑-lhe property _-fill be s biect to the ❑018 Storm: later and Drainage ❑rCnk Fee oEE❑,030.00 per acre. For the ❑f -acre Foning districts, any lot eFceeding -l.0 gross acres, inclAing ❑etland, shall be charged a maf iml-n tri nk lee a❑❑al to the trl::nk ree or a 0 acre parcel. Eherebre ❑❑,030 E ❑ ED lots E -l.0 E a0 total acres E❑ $16,120.00. b. ❑ark Dedication Fee❑IE5,550 f 1 ne❑ lot❑❑ $5,550. 1 ❑❑Flans and Specifications. i the lellocing plans and specifications shall be sEbmitted :or relje❑ and approFal by the City and other appropriate zirisdictions prior to Final plat appro' 81, to ensEre that the proposed plat Dill accomplish the intended pErposes❑ a❑ Final grading, drainage and erosion control plan shoEing eEisting and proposed contoiors, anticipated b1Jlding locations, elei�tions, stormEater l8cilities and calcElations, Etilities and erosion control measEres to be ❑sed d -ring constriction. Final ❑lat ❑ppro 81 All not be granted Entil the Minnehaha Creek Watershed District has appro:ed the storm -later management plans. b❑ Final planting plan ❑hich shall incl _de final driEe❑ay and entry planting plans f: ith tree calcdations. c❑ Final storm Eater management plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. d❑ Final storm Cater poll❑kion preCention plan -SW❑1-171 e❑ S❑llicient detail to meet the recommendations o1he City Cngineer. 15CColincil approCal is based on the entire record, aboEe Findings. Eny amendments to the plans Chich are not in conformity [lith City codes may re❑Ire -lather ❑tanning Commission and City CoLlncil redeC. 16C❑❑thorities granted by this resol❑tion rCn Cith the ❑roperty not I -lith the O❑ners, but are permissi❑ a only and m❑st be e❑ercised by riling a Final ❑lat application I lithin one year o❑the date o❑Colincil approCal, or the preliminary plat approC81s All eEpire on that date EF]pril ❑, -01 ❑l: u -)Final ❑tat approCal is not granted by that date, the terms and conditions o❑this resol❑tion shall be nEll and Coid. ❑he City CoCncil at its sole discretion may e -tend the eiioctiEe period o❑the preliminary plat. FINAL SUBMITTALS: Cereloper shall complete all re-i-irements -or Final ❑lat ❑pproC]il as iollo❑s. ❑he Follo❑ing list o❑ inal sr-bmittals m❑st be sl-bmitted to the ❑fanning ❑epartment at least IoCr I [C❑I-eeks prior to the reg-larly sched❑led Col�cil meeting on the second and I_ol rth Mondays o❑Ithe month. 1 -These sCbmittafs are as ollo❑s❑ Record Plat Drawings. Record plat draCings in the orm oCtCo 0❑myfar copies :One copy or the Citys records and one Cor ding [lith Hennepin Comity❑and one d ❑copy red -iced to 1" ❑ ❑00❑ C digital copy is also reC::Jred. Era❑ing to incl --dell a. Lot lines platted per preliminary plat sLngyhlra❑ing by ❑ronberg and ❑ssociates dated FebrCary ❑1, ❑018 attached hereto as Clhibit ❑, e:ept as modified herein. b. ❑edication oll'Crainage and I-Itility Easements" 101 along el = terior property lines, 5❑ along the interior property lines, and oCor the storm [later pond, ditches and C�aacilities. c. ❑edication o:]-I[rainage Easements❑oEor the ❑etfands and drainage❑ays. d. Name o❑plat. Legal documents required) CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. a. Eitle opinion addressed to the City or a title ins[ rance policy in Ca Cor of -the City. [ ill o❑ners, mortgage holders or others Eith property interest indicated therein shall sign the plat and all other doc-ments a acted by s❑ch interest. b. ❑he ❑el❑rloper mEst proEide certified copies o❑all recorded easements c�:rrently aEeecting the ❑roperty. c. Signed ❑rail Easement oEer the easterly 10 Leet o1he ❑roperty. d. Signed ❑e❑rlopers Egreement and Letter of Credit For constrEction o❑ improCements. ❑he City Engineer shall establish the amort to be pro-Jded in the Letter oECredit. e. ❑ Erainage and-tility Easement shall be granted oi_er the entirety oi-0[_tlot -. ❑ ❑ccess easements shall be prouded oCer OEtlot ❑ �or proposed Lots 1 and Ella Maintenance-lgreement Isbr the dri-eEay improl-ement shoe-ld also be prepared by the ❑e -eloper. g. Signed gree I -reser _ation uasement_C6 enants. h. Signed Co❑✓nant to urotect ❑rainield Sites. 3. Financial Guarantee. -]he Fie-oloper shall s omit a mal plat revel- escroiE in the amo-nt o❑❑E,500.00 Eith the dhal plat application. additionally, the I.1e-elopment ❑greement shall inclEde a Cinancial gEarantee by the ❑e eloper to ensLre the completion ofsite impro-oments. [Ihe City LAgineer shall complete an estimate o❑impro-ement costs, incl❑ding bDt not limited to storm seers, landscaping, grading, erosion control, Etilities, driCe❑ays and storm❑ater management Cacility constr❑ction, and the applicant shall proilde to the City a Cinancial gEarantee ou 150❑ o the improiL-ment costs. ❑. Plat approval fees to be paid ❑Total due: $22,170 a. Final plat A�e❑C500.00. b. ❑ark Dedication FeeDC5,550. c. Storm❑ater and Drainage ❑rCnk Feel- -16,100.00. E CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5. Violation o -or non _-compliance I -lith any o -the terms and conditions oFthis resol❑tion may res -Jt in the termination o -any a-thority granted herein. -❑O❑-❑- by the Orono City CO-nCll on this nth day oEEpril, 11018. ATTEST: CITY OF ORONO: ❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑nna Carlson, City Clerk ❑ennis Walsh, Mayor 0 10 ISM, z z m X MEE 0 z tr kF �v go E 00990-3, c C -M rr w P4 Z 0 Q'.# z > z % T:Z1 10 c: w 8z I Anto .2 IM IMPa - q SL r 1_4 -0 &a! 6 in ot j ni� N W'5"y W 4N,51 1-1 =jI .,CRYSTAL CO- RR_ v 2 �z 9 HUM- gh 11 h4i"R9,11111k a Ks" gg WAIN 1— 1.1 INE EIC - RE -ED LOr LIW PROJECT GRONBERG& ASSOCIATES, INC. C-11 Engineers, Land Surveyors, Land Planners 445 M. Aill— Drive, Long Lake. Mx 55356 952-473A141 QBOLTON & MENK Real People. Real Solutions. March 15, 2018 City of Orono Attn: Melanie Curtis 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application 2018-3996 Topside Engineering Review #1 Dear Melanie: 2638 Shadow Lane Suite 200 Chaska, MN 55318-1172 Ph: (952) 448-8838 Fax: (952) 448-8805 Bolton-Menk.com As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1. Per City Code, this location is designated for connection to City sanitary sewer when developed. However, the applicant has submitted an application for waiver of sanitary sewer connection due to perceived hardships. We have discussed this requirement and application for waiver with the City Engineer and defer to the City regarding sanitary service for this plat. 2. Perimeter erosion control measures (siltfence, rock entrance, etc.) should be indicated on the plan. If septic sites are allowed, protection fencing should also be installed around sites. Measures should be installed by the Contractor and inspected by the City prior to any other work. Contractor must provide minimum 24 hour notice prior to inspection. 3. Retaining walls 4' or greater in height must be designed by a licensed Professional Engineer. Tiered walls less than double the height of the lower wall apart will be considered one wall. Wall plans should be submitted for review and approval prior to construction. 4. It is unclear what is proposed for common driveway. If the driveway for Lot 2 is connected directly to Lot 1's driveway instead of the common driveway in Outlot A, an easement for the shared portion will be necessary. 5. A Final Landscape Plan should be submitted with the Final Plans. The Plan should include the following: a. Types and locations of proposed restoration. b. De -compaction of existing soils under removed impervious surfaces with 12" ripping depth prior to placement of topsoil. c. Trees to be removed. d. Trees to be preserved. e. Additional trees to be planted. 6. A Flowage and Conservation easement will be required over all wetlands. 7. Drainage and Utility Easements should be provided as follows: a. Over all stormwater management facilities used to meet regulatory requirements. b. All swales and storm sewer providing drainage for multiple properties. c. 5' along all side lot lines, unless adjacent to Development boundary. d. 10' along all front lot lines, rear lot lines, and adjacent to Development boundary. 8. A conservation easement should be provided over the 20' buffer of trees to be maintained H:\ORNO\Ci3115486\z-2018-axax Topside\Topside_PrePlatReview-1_2018-03-15.docx Bolton & Menk is an equal opportunity employer. Preliminary Plat Application 2018-3996 Topside Page 2 between lots and the undisturbed portion of the significant tree stand on Lot 1, as identified in the Conservation Design Master Plan, to preserve as many of the mature maple and oak trees as possible. 9. The applicant may be required to obtain Minnehaha Creek Watershed District (MCWD) approval and permitting. A copy of any approvals or permits required should be submitted prior to Final Plat approval. 10. If more than 1 acre is disturbed, the applicant will be required to obtain a General Construction Permit (NPDES) to discharge stormwater associated with construction activity. If required, a copy of the permit should be submitted prior to any land disturbing activity, and Final Plans should include a Stormwater Pollution Prevention Plan. 11. If the applicant is required to install stormwater management facilities on site to meet MCWD or NPDES requirements, a Maintenance Agreement should be submitted for all stormwater management structures and facilities and be recorded with the County. The agreement should define maintenance responsibilities following completion of project, specify types and frequencies of inspection and maintenance activities, designate who will conduct inspection and maintenance activities, and outline reporting requirements. 12. Record drawings must be submitted upon completion of the project. If you have any questions or comments, please contact me to discuss. Sincerely, Bolton & Menk, Inc. -(2OtA;tg "4 Robert E. Bean, Jr., P.E. Water Resources Engineer H:\ORNO\C13115486\z-2018-axax Topside\Topside_PrePlatReview-1_2018-03-15.docx Bolton & Menk is an equal opportu too ME rl�w N0005'56"E 1071.18 PT 1071.18 FT. S'LY, MEASURED ALONG W LINE OF LOT 34, AND S'LY EXTENSION, FROM NW COR OF LOT 34 NW COR OF LOT 34 WEST LINE OF LOT 34 AND ITS SOUTHERLY EXTENSION HENN CO CIM AT N 114 COR SEC. 4, T. 117 N, R. 23 W., ..... FOUND 11OZ- "t- N 00005'06" E SOUTH LINE OF LOT 34, E'LY EXTENSION OF SOUTH LINE 5108.32 ...... ...... N 00005'56" E ------- AUD. SUB. NO. 230 OF LOT 34, AUD. SUB. NO. 230 SW CORNER OF LOT 34 b'b 27.24 0 1z 4" 272.70 ........ 06 '41"11 E N 8 Vve'S7 LINE L0734 rN .65\ 8,3'-06'04" 21 DEN 199.3 3' V_2B-7+N" N 00°04134" E '- N-111-1 102�2 I., J b ------ ---- t+ Cb rb Ile .4 R' 0 rb 0,9 z 081, z' LO SE COR OF GOVT N 88024'04" W LOT 1, SEC. 4 406.21 y /Vo 7 50� �,\--- _\ �' �A -------- EDGE OF WETLAND AS DELINEATED\ J� �$244°` E�3 0i-/ / / / 4 \\ \\ \ CP C*)_ X BY JACOBSON ENVIROMENTAL (TYP) I V ------ SOUTH LINE OF SECTION 4 11-1 I 0 At V 777 HENN. CO. CIM AT NORT,+i'LINE OF GOVT 7, MC NO. 56, ON THE SOUTH X SECTION 9, T. 117 N. R. 23'W.—.' LINE OF GOVT LOT 1, \T /QF 5TH P.M. SECTION 4, T. 117 N., X R. 23 W. OF 5TH P.M., FOUND� \_..,. I 1 / % l i E /\ \l \\ /l/ \!/ ,fiQ���, \�\ \ v \\ \`\ \ \ \ \ \.. % \\ 1 \�\`��x- / j �° / / ! /�\l I /\i jI `,�I WEI-LANDS STAKE —942— SE LLJ 9,16 \$E L4N&S- 'Cb 13,40+- AC TO -T -AL-- — ------ -'V 12,66+- ��ORY_--_\ 1 1451 XC) 0.74+ -,AG T ...... \_'j -952E)(4-STtN-G 1� 1i j DRIVE / / / p I �—, P' - I I' I ( I \ — P SHED E:J�,, C:) 4�; C�/ e \ \/ OV Z W \�Nb\ �\'a /Z —956– f. 1 \ \ \ \ \ ��' �/ ETL z FLOOR \N"X i\ I VEL \EAS� LINEbl� GOVT LOT 7\ =(957.4) / 117 N. R. 23 / \ I vv)SECT�,QN 9, T 161 EXISTING E) T G JOF 5TH P.M. X / i '•'% \\� __1 A X\ �10'ISIEWC )U BLACKTOP B N .41 C� EXISTING DRIVE DRIVEWAY 00, 7+- WEXL FLOOR ------ CB )0 LEVEL 954.0 __ \ \ � �// / / J ( � ' i / � ,-.--- ' �' / ; // \ /�\ I I i \ I 50 00 TVV 954 WETLAND ' /� j \ �\---_ /�-\ �-T \ - / -- \ s o_ \ _ _\ __ - ! _ �� i \'� OPOS11 -------- - 7-- \ / / / ,� ET Q0 Bw� 4 C) 7, J 1 11 - C) (S' SLAC TOP W_ I 33.24 J'. c' ..... ....... > z ---- NORTH AND SOUTH CENTERLINE CO Cn OF SECTION 4, T. 117 N., R. 23 K Uj 0 LO 0 0 CD >1 a) o) U) 0 CY) U) 08 S 8905347" E 2660.81 0 Uj M IC -21) z Lu Lo HENN. CO. CIM AT N 1/4 COR, SEC. 9, T. 117, R. 23, FOUND ------ WLY RIGHT OF WAY LINE OF M M 0 z H.C.S.A.H. NO. 84, PLAT 91, z PER C.R. DOC. NO. 9206517 0 -4 :7- > i CO M 0 0 C z zw - --- -_ - -_ --- 0 - I b16 c) 954,0 Z' - ------- 7 BLACKTOP 462') '-N 8-8-24'0 W _-PT—Q, C28 1—F—T-S-0 UTK 0 F- - _� '_�iz_. 1-1 1—, ROADWAY NORTH INE_AND462.00-___ '__1 '_� ____ — : — I I "I —U -NE -PARALLEL VVIT H NORTH FT W OF EAST LINE \\\�\\� `� �\ 0 GOVT LOT 7 -LINE OF GOVT LOT 7 N 0002'13" W EAST LINE OF GOV'T LOT 7, --\ \ \\ \�----------- \\\\ \\ / - \\ \ ,� \ / \ :°"' 011 OKI, SECTION 9-117-23 HENN. CO PARK RESERVE DISTRICT CAST IRON MONUMENT FOUND x \�\�\\\\\\\� \ `' �� ��`: EXISTING r, — - / \/ / LAKE HOUSE \\ \\\ — �'/ / #825 \\\\�\\ �.,i I$ 1 Proposed Legal Description: 44 \\\\\\�\\\\ \\ \ �/ / NOTE: A/C UNIT TO BE MOVED ONTO \�\\\\\\\\ \'30 LOT 2 OR AN EASEMENT WILL That part of Lot 35, In Auditors Subdivision No. 230, Hennepin County, Minnesota, and of Government Lot 7, in Section 9, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: BE CREATED rth line of said Lot 7 a distance of 462.00 feet to the East 0 beginning at a point 302.81 feet South of the North line and 462.00 feet West of the East line of said Government Lot 7; thence East parallel with the No NJ Ilk 1 1 1 line of said Lot 7; thence North along the East line of said Government Lot 7, a distance of 302.81 feet to the Northeast corner of said lot, thence continuing North along the North and South centerline of Section 4, Township 117, Range 23, a distance of 216.7 feet to an intersection with the Easterly extension of the South line of Lot 34 in the above mentioned Auditors Subdivision No. 230, Hennepin County, Minnesota; 6c'q thence Westerly along the Southerly boundary line of said Lot 34 and extension thereof to the Southwest corner of said Lot; thence Southerly along the extension of the West line of said Lot 34 to a point 1071.18 feet Southerly measured along the West line of said Lot 34 and the extension thereof, from the Northwest corner of said Lot 34; thence Westerly deflecting 81 degrees 06 minutes to the right from the last \\ \\\ \\\ ,- \ \ \f 124.65 feet; thence Southwesterly on a tangential curve to the described course, 159.66 feet; thence continuing Westerly deflecting 2 degrees 30 minutes to the right from the last described course, a distance o MINNETONKA left with a radius of 388.66 feet, a distance of 193.75 feet to the point of compound curve; thence Southwesterly on a tangential curve to the left with a radius of 212.81 feet, a distance of 160.52 feet; thence Southwesterly in a straight line, tangent to said last described curve a distance of 2.89 feet to the Southerly line of aforesaid Section 4; thence West along the South line of'said Section, 285.29 feet, said last described point being the Southeast corner of Government Lot 1 in said Section 4; thence Southwesterly deflecting 35 degrees 17 minutes to the left from said last described course, a distance of 110.3 feet; N thence Southwesterly deflecting 45 degrees 28 minutes to the left from said last described course, a distance of 115.00 feet; thence Southwesterly deflecting 21 degrees 40 minutes to the right from said last described course, a distance of 174.00 feet, more or less to the shore of Maxwells Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake its intersection with a line running Southerly parallel with the East line of above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of beginning, said last described course being hereinafter referred to and designated as Line X; thence North parallel with the East line of said Government Lot 7 to said point bearing South 12 degrees 54 minutes 40 seconds West and Water elevation of lake Minnetonka was 929.29 ft., NGVD-1929, on July 7, 2010, distant 766.76 feet from said point of beginning; thence North 12 degrees 54 minutes 40 seconds East 766.76 feet to the point of beginning said last described course being hereinafter referred to and designated -wit: Beginning at the same point of beginning as above Highest known water elevation of Lake Minnetonka was 930.51 ft., as Line Y, EXCEPTING from above described premises, the following described tract (hereinafter sometimes referred to as the EXCEPTED TRACT) to described; thence North 52 degrees 03 minutes 14 seconds West, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, 316.24 feet; thence South 26 degrees 48 minutes 53 seconds West, 556 feet, NGVD-1 929, according to the Minnesota Department of Conservation. GAZEBO OWNER: more or less to the shore of Maxwells Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with said Line X hereinabove described; thence North along said Line X to its \\ \ �\ JUDS6N DAYTON intersection with Line'Y as hereinabove described; thence North 12 degrees 54 minutes 40 seconds East along said Line Y, 766.76 feet to the point of beginning. Benchmark is a chiselled "X" on the northwest corner of the purnphouse 825 OLD CRYSTAL BAY ROAD S. at Grays Bay Dam; elevation is 932.87 ft., NGVD-1929. NV ORONO, MN 55391 For the purpose of the foregoing descriptions, the East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and --95&- Denotes existing elevation South line. TOTAL AREA = 20.58+- ACRES 0 Denotes iron marker found DRY AREA = 19.84+- ACRES 0 Denotes iron marker set N 23-52'24" E Denotes bearing based on Hennepin County coordinates WETLAND AREA 0.74+- ACRES Denotes bearing based on description SHORELINE OF MAXWELL('S) EXISTING ZONING = L R 1 A BAY ON 7-7-2010 mm C,4 u. in I c) T- w 0 Li W LD to � Li LIJ �M z CO Cn Y LO Uj -0 Z L_ 0 >1 a) o) 0 CY) U) 08 100-) 0 Uj M IC -21) z Lu Lo C,4 u. in I c) T- w 0 Li W LD to � Li LIJ �M MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. 2. 18-3996 GEORGE STICKNEY, 825 OLD CRYSTAL BAY ROAD SOUTH, PRELIMINARY PLAT, 6:33 P.M. — 7:03 P.M. George Stickney, Applicant, was present. Curtis stated the applicant is requesting preliminary plat approval for a residential subdivision of the 20.5 -acre property to create one additional 5 -acre lot for a single-family home. The plat is proposed as a front/back lot subdivision with a private drive outlot. Flexibility regarding the average lakeshore setback requirements as applied to Lot 1 is being requested by the applicant. The existing property has a home, a guest house, and barn located on the property, all of which will remain following the subdivision. The property is zoned LR-lA with a two -acre minimum. As proposed, the plat is less dense than the prescribed minimum density contemplated within the Comprehensive Plan. The applicant is proposing that the existing horseshoe driveway configuration would remain as it serves the existing home and the two vacant lots situation between the subject property and the properties on Little Orchard Way. The northern portion of the horseshoe driveway will be upgraded in width and contained within an outlot to serve as the private shared driveway access for the new Lot 1 and the existing home on Lot 2. is Comments were received from Hennepin County today regarding the application and have been provided to the Planning Commission for their review. There is an existing city sewer line located in Old Crystal Bay Road South directly abutting the property. Because sewer is available, the lots should be served by City sewer and private water supply wells. The applicant has designed septic systems that do conform to serve both of the lots and has requested a waiver from the sewer connection requirement until such time as the property is further developed. The preliminary plat reflects the applicant's requested flexibility with regards to the average lakeshore setback. The average lakeshore setback requirement is determined by the existing home at 825 Old Crystal Bay Road South and the home at 3051 Farview Lane. The applicant is requesting a waiver to permit the home on Lot 1 to be as close as 80 feet from the ordinary high-water level. A 30 -foot wide private driveway outlot has been provided. Hennepin County has requested an additional 17 feet of right-of-way as detailed in their comments. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. The Planning Commission should discuss the application and provide comments with regard to the air- conditioning units, the average lakeshore setback request, the septic line, the requirements of the MCWD, and the comments submitted by Hennepin County. Planning Staff recommends approval conditioned upon the recommendations of the City Engineer as well as the requirements of the MCWD. The Planning Commission should make a recommendation regarding the sewer connection. Landgraver asked if there is a bluff on the property. Curtis indicated there is not. George Stickney, Applicant, stated they are attempting to preserve what has existed for 100 -plus years and takes 20.5 acres and only creates one new lot. Stickney stated the lot is more than conforming at 5.7 acres. The roadway on Outlot A will act as a driveway and has been there for over 107 years. The entry monuments are within that outlot as well. Stickney stated in response to some of the comments received today, he would note that the existing entry monument in the front is 43 -plus feet away from the right-of-way. The main structure starts at 40 feet and then horseshoes toward Old Crystal Bay Road, which results in it being approximately 30 feet from the right-of-way. Stickney stated currently the distance is 420 feet wide, with Hennepin County suggesting 660 feet of width for safe passage. Stickney noted there are three to four driveways across the street, and as it relates to the line of sight, he is able to see more than a half a mile to the north and then past Fox Street and all the way down to Carpenter Road before there is a sightline issue. Stickney indicated he has compacted ground to work with on the driveway since it has been used for 107 years and that they will make it better by increasing the width to 15 feet wide. In addition, the area next to the road will be landscaped. There will also be covenants covering the north boundary consisting of a 10 -foot tree preservation area where no trees can be cut, which will further buffer the homeowners on the north side of the property. There is also a 10 -foot tree preservation agreement between the two lots. Stickney commented this is a unique development because there will only be one septic site. As it relates to sewer, Stickney noted the outlot runs almost 1,000 feet and then they would have to add another 500 feet of sewer line to the new house, which is exorbitant for two homes on 20 -plus acres. Stickney stated they would also have to incur a lot more costs with a lift station and grinder pumps as well as having to remove additional trees. Stickney indicated this proposal has one septic site in excess of 340 feet from MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. the lake with numerous alternate sites being available. Stickney stated the only time a septic site will fail is when the installer inadvertently compacts the ground. Stickney stated they are taking a very conservative approach to the development and that by connecting the horseshoe to the new driveway will let the property owner reach the guest house and barn. Stickney stated in his view it is a better proposal for fire trucks and other vehicles. The apron near the home is for extra parking and safety. Stickney stated the development will be very private and secluded and the neighbors will not know anything has changed. Thiesse requested Mr. Stickney address the issue of the AC units. Stickney indicated the owner would love to have those stay and that they would work out an easement with the owner of the new lot. Stickney stated the building has been there a long time and is very well built and located in the woods. Thiesse asked what will happen to the trees between the house and the lake. Stickney indicated they will clear a site pad and that they are only building one house, one driveway, and one septic site. Stickney stated if the lot was to be further subdivided, then a sewer line might be appropriate, but that there is a big buffer in between the sewer site and the lake. Judson Dayton, Applicant, stated this is not a development but is merely taking one piece of property and placing a house on a large parcel. Dayton stated normally sewer lines are connected to multiple new homes and that the current house is hooked up to a drain field and septic system. If the waiver is not granted, it would be necessary to bring in sewer almost 1,500 feet for one house. Dayton stated they have performed all the septic tests and have plenty of alternative sites available. Dayton stated he would be happy to address the sewer issue at the time more homes are built. Landgraver noted the Watershed District has raised the issue of the two adjacent lots, with a question towards whether those will be developed. Landgraver asked what the intent is for those two adjacent lots. Curtis pointed out the two adjacent lots. Curtis noted they are existing lots that can be built on today with septic systems and are not part of the subdivision. The Watershed District is looking at it with regard to ownership status. Curtis stated to her understanding that is still being discussed from a watershed rules standpoint. Stickney noted the Watershed District also saw an earlier plan that depicted two homes. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Landgraver asked if the two adjacent lots are required to be hooked up to city sewer. Curtis indicated they are not. Lemke asked whether there is any septic system for the horse barn. Dayton stated the barn connects into the guest house and there is a septic system there. Dayton indicated it is not a permanent residence and there are no horses. Lemke asked whether it is a totally separate system from the house. Dayton indicated it is. Chair Thiesse opened the public hearing at 6:50 p.m. There were no public comments. Chair Thiesse closed the public hearing at 6:50 p.m. Landgraver stated in his view there are extenuating circumstances for the average lakeshore setback and that it will not block any views due to the trees. Landgraver stated he is comfortable approving a variance. Thiesse indicated he is in agreement with Commissioner Landgraver. Dayton noted they were granted a variance ten years ago, which was extended for another year or two, but that they never received any offers on the land so the plat was never filed. Dayton stated in his view there is precedent to approve the average lakeshore setback variance. Leskinen and Schwingler indicated they are in agreement with the comments made about the average lakeshore setback. V Lemke stated it seems like a long way to extend the sewer for one house and that perhaps it would be more appropriate if the land was subdivided in the future. Schoenzeit stated as long as the City Engineer feels the existing two septic sites do not need to be replaced, then he would be okay with not extending the sewer. Thiesse indicated he is in agreement. Schoenzeit stated the Planning Commission could recommend that if the situation changes, the septic situation be looked at again. MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Leskinen stated she is in agreement, noting that there are alternative sites available. Thiesse asked what the AC units are serving. Dayton indicated 20 -plus years ago the air-conditioning units were moved further away from the home and placed on a concrete slab inside an old structure to keep them out of sight and to block the sound. The air-conditioning units are now located on the new lot line, and if the buyers are willing to leave them there, Dayton stated they would like to leave them there. Thiesse asked if there is a well on the other side of the property. Dayton indicated that is a well with a pump that keeps the pond at a consistent level and that there will be an easement for the well so they can keep the pump. Schoenzeit stated if that equipment is more than 10 years old, they should consider replacing it with newer equipment since the newer equipment is silent and super energy efficient and will pay for itself in about four years. Thiesse asked if the City is amenable to an easement or whether the line should be redrawn. Landgraver stated that begs the question of why the line is not drawn to the side of it to get around this issue. Mark Gronberg, Surveyor, noted the topography drops off quite a bit to the west and that relocating the line would require a lot more fill and grading on the west end. Schwingler stated he does not have a problem with the air-conditioning units and that it should be left up to the future buyer. It was the consensus of the Planning Commission that they would be comfortable with an easement for the air-conditioning units. Schoenzeit stated as it relates to the road and safety, the Planning Commission does not have the flexibility to approve the monuments and that Hennepin County will need to make the final decision. Thiesse asked whether the monuments are going to be in the right-of-way. Stickney stated the front entrance gate is 40 feet from the center of the road and that they are adequately placed for a 33 -foot right-of-way. Stickney stated the issue is that they start curving toward the road so the two wings are within 25 feet of the roadway. Stickney noted if you go north to Crystal Bay Preserve, MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. there are two newer entry monuments that are 25 feet from the right-of-way and that there are other monuments on the street that are the same way. Stickney stated the monuments are old and that they would like to preserve as much of it as they can. Thiesse stated with regard to the items related to Hennepin County, the City has no control over. Schoenzeit stated one issue is an easement for a potential trail and that this is an opportunity to preserve that. Curtis stated the City is recommending a joint 10 -foot trail and utility easement be granted and that Hennepin County is asking for seven more feet. Schwingler moved, Lemke seconded, to recommend approval of Application No. 18-3996, George Stickney, 825 Old Crystal Bay Road South, granting of subdivision/preliminary plat approval per Staff recommendation and conditioned upon the requirements of the Minnehaha Creek Watershed District and the City Engineer being met. VOTE: Ayes 6, Nays 0. Date Application Received: 12/27/17 Date Application Considered as Complete: 02/20/18 120 -Day Review Period Expires: 06/20/18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner h'1GG Date: 19 March 2018 Subject: #LA18-000022, George Stickney o/b/o Judson Dayton, 825 Old Crystal Bay Road S, Subdivision/Preliminary Plat (Topside) Application Summary: The applicant is requesting preliminary plat approval for a residential subdivision of the 20.5 acre property to create one additional lot for a single family home where one lot currently exists. The Plat is proposed as a Front/Back Lot subdivision. Flexibility regarding the average lakeshore setback requirements as applied to Lot 1 is also part of the request. Staff Recommendation: Staff recommends approval contingent upon meeting the MCWD and City Engineer's recommendations and permitting requirements of the MCWD. PRELIMINARY PLAT/PRD CONDITIONAL USE PERMIT REVIEW Conformity with 2010 - 2030 Orono Community Management Plan The 2010-2030 Comprehensive Plan guides the property for Low Density Residential, 0.5 to 2 units per acre. The proposal involves creation of two lots with a calculated density of 0.097 units per acre (or 1 unit per 10.2 acres) based on the gross area; 0.1 units per acre upon removal of the wetland acreage. The proposal is less dense than the prescribed minimum density contemplated within the comprehensive plan. Conformity with LR -1A Zoning District Standards The property is currently zoned LR -1A One Family Lakeshore Residential (2.0 acre). Two delineated wetlands on the property do not impact available buildable areas of the lots. City sewer lines exist in Old Crystal Bay Road South, directly abutting the property. According to City Code 82-224, because sewer is available the lots should be served by City sewer (and private water supply wells). The applicant has requested a waiver from the sewer connection requirement until such time when the property is further developed. The existing "horseshoe" driveway configuration would remain as it serves the existing home and the two vacant lots (PID 09-117-23-21-0005 & 09-117-23-31-0004), situated between the subject property and the properties on Little Orchard Way, currently owned by Mr. Dayton. The northern portion of the "horseshoe" driveway will be upgraded in width and contained within an Outlot to serve as the private shared driveway access for the new Lot 1 and the existing home on Lot 2. The preliminary plat drawing illustrates the proposed building pad areas for the new lot. It F1=]Li-18-0000--i 11 IMar _018 i_,age _io_5 reflects the applicant's requested flexibility regarding the average lakeshore setback requirements for Lot 1. They propose a lakeward footprint extent as close as 80 feet from the OWHL (reference Exhibits B & K). With the exception of the average lakeshore setback for Lot 1, the LR -1A side and rear yard setbacks will be met; all lots provide the minimum 100 -foot lot width measured at the lake and lake (front) setback. Relationship to Surrounding Development Development in the area is primarily± 2.0 acre lots within the Little Orchard Road and Farview Lane neighborhoods. The proposed subdivision is generally consistent with respect to the rural lakeshore character of the lot areas with the surrounding neighborhood. Lot Areas Proposed: Lot 2 is shown meeting the minimum 150% acreage requirement for the LR -1A district, as well as 150% of the setbacks as required of a back lot subdivision. General Site Characteristics This site is on the northeastern side of Maxwell bay. It has a wooded slope near the Lakeshore and pasture with wetlands on the non -lake portion of the property. There is an existing home, guest house, and barn located on the property, all which will remain following the subdivision; the setbacks and area requirements are met. The existing driveway configuration will remain, described above. The Conservation Design Report by Jacobson Environmental (see Exhibit H) provides a more detailed overview of the natural site characteristics. According to the report, the owner will be implementing a 20 -foot wide no -cut buffer along all proposed lot lines (10 -feet on either side) to preserve the existing trees for screening. Significant trees may only be cut if they are diseased or damaged, and will be replaced at a 2:1 ratio. The Report states that reed canary grass was identified within the wetland basins on proposed Lot 2, and no management is proposed. Planning Commission should review the Report and discuss the recommendations. Hardcover Allotment and Tier Assignment. The entire property is within Hardcover Tier 1 allowing 25% impervious surface. Per the tier assignment methodology established in 78-1701, all proposed lots will remain within Tier 1. Each of the lots exceed the area requirement limiting structural coverage. Air conditioning units serving the existing Dayton home are shown on the west side of the new lot line. These units should be relocated to be within the boundaries of Lot 2. Average Lakeshore Setback The existing home at 825 Old Crystal Bay Road South and the home at 3051 Farview Lane Wetland Dry Buildable Total 825 Old Crystal Bay Road S - Existing 0.74± acre 18.84± acres 20.58± acres Lot 1 NA 5.17± acres 5.17± acres Lot 2 0.74 acre± 12.66± acres 13.4± acres Old Crystal Bay Road / CSAH 84 ROW Dedication 0.37± acre Outlot A 1.64± acres Lot 2 is shown meeting the minimum 150% acreage requirement for the LR -1A district, as well as 150% of the setbacks as required of a back lot subdivision. General Site Characteristics This site is on the northeastern side of Maxwell bay. It has a wooded slope near the Lakeshore and pasture with wetlands on the non -lake portion of the property. There is an existing home, guest house, and barn located on the property, all which will remain following the subdivision; the setbacks and area requirements are met. The existing driveway configuration will remain, described above. The Conservation Design Report by Jacobson Environmental (see Exhibit H) provides a more detailed overview of the natural site characteristics. According to the report, the owner will be implementing a 20 -foot wide no -cut buffer along all proposed lot lines (10 -feet on either side) to preserve the existing trees for screening. Significant trees may only be cut if they are diseased or damaged, and will be replaced at a 2:1 ratio. The Report states that reed canary grass was identified within the wetland basins on proposed Lot 2, and no management is proposed. Planning Commission should review the Report and discuss the recommendations. Hardcover Allotment and Tier Assignment. The entire property is within Hardcover Tier 1 allowing 25% impervious surface. Per the tier assignment methodology established in 78-1701, all proposed lots will remain within Tier 1. Each of the lots exceed the area requirement limiting structural coverage. Air conditioning units serving the existing Dayton home are shown on the west side of the new lot line. These units should be relocated to be within the boundaries of Lot 2. Average Lakeshore Setback The existing home at 825 Old Crystal Bay Road South and the home at 3051 Farview Lane Fl -i ❑ Li -18-0000-11-i 11_IMar _018 I_'age 3 0_l5 determine the average lakeshore setback line for the home on the new lot. The developer has requested flexibility in the form of waiver of the average lakeshore setback requirement for Lot 1. They have proposed a building envelope area on the plat drawing to reflect their desired encroachment/ setback waiver. The home would be permitted as close as 80 feet from the OHWL. The orientation of the owner's house to the east is facing mostly directly south and east and is such that no views of the lake will be impacted by the location of a home on this property. The home at 3051 Farview Lane has no lake views over this property due to the existing trees and topography as well as their own home's orientation to lake which are primarily western views. Road/Right-of-Way Dedication: A 33 -foot right-of-way dedication is shown along Old Crystal Bay Road South (CSAH 84). City Engineer Comments The City Engineer's comments are attached. If there are any changes needed the applicant can respond to those prior to placement on the City Council agenda. Ultimately, the developer should prepare a final plat application which responds to and incorporates these recommendations. Easements Drainage & Utility. The City requires standard perimeter drainage and utility easements around all property boundaries in the Plat and drainage easements over the wetland areas. The easements are not shown on the proposed plat drawing; the Final Plat must meet the City standards. Drainage Easements shall be granted over any stormwater facilities that may be required by the Minnehaha Creek Watershed District. Please refer to the comment letter from Elizabeth Showalter from the MCWD regarding stormwater treatment. Driveway. The property is proposed to be platted in a front/back lot configuration whereby the "back lot" does not have frontage on Old Crystal Bay Road South. The access is provided via a minimum 30 -foot wide private driveway outlot. A Drainage and Utility easement shall be granted over the entirety of Outlot A. Access easements shall be provided over Outlot A for proposed Lots 1 and 2; a maintenance agreement for the driveway improvement should also be prepared by the applicant. It should be noted for the record that the 30' access outlot cannot in the future be converted to a roadway to allow for a further division of Lots 1 or 2 without a complete replat involving the outlot and Lot 2, at a minimum. Subdivision Code Section 82-256(c)(4)d. states that no more than two residences may be served by a driveway located within an access outlot. A future division would require a 50' road corridor and creation of a 24' paved roadway to serve 3+ lots. Park Dedication The City has plans for trails that may specifically require dedication of land from this property. A 10' wide trail easement along the road frontage, should be granted as part of the plat as suggested by the Parks Commission. Flii =]L-18 0000 -in 11IMar _018 i age io 5 The Park Fee is determined as 8% of the fair market value of the land being subdivided, but must be between a minimum of $3,250 and a maximum of $5,550 per residential dwelling unit. For the proposed development, the Park Fee would be based only on the new lot. The City's Assessor will be consulted to determine the market value of the land for establishing the amount of the fee. Stormwater and Drainage Improvements The City's consulting engineer has provided comments regarding this proposed plat with regard to stormwater management and drainage concerns, some requiring additional action or plan revisions by the developer. However, the developer should contact MCWD and provide confirmation regarding the permits or approvals they will require for this subdivision. Rain gardens/filtration basins are shown adjacent to the defined wetland buffer. The development is subject to the 2018 Stormwater and Drainage Trunk Fee of $4,030.00 per acre. For the 2 -acre zoning districts, any lot exceeding 2.0 gross acres, including wetland, shall be charged a maximum trunk fee equal to the trunk fee for a 2.0 acre parcel. Therefore $4,030 x 4 [2 lots x 2.0 = 4.0 total acres] _ $16,120.00. Utility Locations and Availability The subject property is located within the Metropolitan Urban Service Area (MUSA). Sewer is available to the property in Old Crystal Bay Road South. The Code requires the connection to sewer where available, however the applicant has asked for a waiver of this requirement. They have provided acceptable septic system designs for the new Lot 1 as well as a new alternate site for the existing home. The City Council has the authority to deviate from the sewer connection requirement if they determine there are extraordinary conditions. The property was not assessed for the sewer; nor was a sewer stub installed when the sewer was constructed in Old Crystal Bay Road. Planning Staff Recommendation Staff recommends approval in accordance with the recommendation of the City Engineer as well as the requirements of the MCWD. The Planning Commission should offer a recommendation regarding the sewer connection although the City Council will make the final decision. The Planning Commission's options for action on the proposed plat are: • Recommend approval of the plat with the average lakeshore setback waived, with appropriate conditions; • Recommend denial, stating reasons; or • Table the application providing direction and guidance to the developer. List of Exhibits Exhibit A. Application Exhibit B. Preliminary Plat Drawing Exhibit C. Project Summary Exhibit D. Landscaping Plan Exhibit E. Sewer Connection Waiver Request Exhibit F. Septic Plans a. Lot 1 F1 -i -Li -18 -0000 -u -i 11 IMar _018 cage 5 o 5 b. Lot 2 Exhibit G. Septic Review Comments— Peitso 01/05/18 Exhibit H. Conservation Design Plan by Jacobson Environmental, PLLC 12/15/17 Exhibit I. Wetland Delineation—Jacobson Environmental 10/19/17 Exhibit J. MCWD — NOD Wetland Approval 12/19/17 Exhibit K. Average Lakeshore Setback Exhibit — by staff Exhibit L. MCWD — Development Comments Exhibit M. Sewer Maps Exhibit N. City Code Sections Exhibit O. Map Exhibit P. Property Owners List Exhibit Q. Engineer Comments JUDSON �\iqe DAYTON RECEIVED 825 OLD CRYSTAL BAY ROAD MAR 0 9 2018 ORONO, �-VmNmESOTA CITY OF ORONO March 8, 2018 City of Orono Attn. Melanie Curtis, Planner Planning & Zoning Office 2759 Kelley Parkway Orono, MN 55356 Re: Application for waiver of sanitary sewer connection requirement, regarding requested plat approval for the two lot plat of Topside. Ladies and Gentlemen: My wife and I own the property at 825 Old Crystal Bay Road, Orono, Minnesota. We have filed an application for plat approval with the City. We hope to divide our one parcel into two parcels. The total parcel is 20.75 acres in size. We are proposing to split off the westerly portion of our land, such that there would be two parcels in place of the one existing parcel. The main parcel on which our house is located would be 13.57 acres. The second parcel, the westerly parcel, would be 5.17 acres. A single-family home would be constructed on the westerly parcel as well. (The difference between the total acreage and the individual parcel acreage is explained by the Outlot at 1.64 acres and Old Crystal Bay Road at .37 acres.) In preparation for the pending application, we performed, at quite some expense, percolation testing and other work in anticipation of establishing septic systems and drain fields on the property. As we have determined, both the existing site and the proposed site, have more than adequate size and soils conditions to support required septic sites. Recently, however, we were informed that we might have to install a sanitary sewer line to the two lots, to obtain City approval to add one additional lot. We have also learned, though, that "extraordinary situations" might allow for "deviations... in those instances where considered justified by the city." Accordingly, we are asking that the 1 City deviate from (waive) the dictates of the applicable ordinance, or, in the alternative, that the City grant us a variance from the general requirement that the two lots be connected to the public sanitary sewerage system. The reasons for our request, and why our situation is unique or "extraordinary," are as follows: 1. Minor Iml2act. Only one lot is being added. Most subdivisions, both existing and planned, consist of many lots, oftentimes spaced closely together. Were those multi -lot subdivisions not to have sanitary sewer connections, the environmental impact could be extreme, and the City would have to monitor multiple sites. 2. Inability to Spread the Cost. Again, in a multi -lot subdivision there is a material difference between spreading the cost of connecting to the public sewer system over multiple lots, as opposed to our situation where the cost could only be apportioned between two lots. Here, the extraordinarily small number of lots (two) is unique. Further, in our case, we will be paying the entire cost ourselves. There is no one to pass this cost to or share it. 3. Large Parcel Size. The total parcel is 20.75 acres, and the two lots will be 13.57 acres and 5.17 acres in size_ In other words, the site and each parcel are extraordinarily large. These are not lots measured in square feet but in acres. 4. Extraordinary Areas for Placement of Seotic Sites. Because of the extraordinary lot size, the areas available for the placement of septic systems are also extraordinary. Nothing must be shoehorned in to fit the lots. 5. Extraordinary Sewer Line Length. To connect to the public sewer system lying along Old Crystal Bay Road, would require an extraordinarily long sewer line connection. The connecting line, from Old Crystal Bay Road to the easterly line of the westerly lot would be approximately 1,000 feet. That is an extraordinary distance for a connecting sewer line. Then, after running westerly approximately 1,000 feet, the connection to each lot would have an additional run of approximately 500 more feet, to reach the existing and planned improvements on the lots. 2 6. Extraordina Cost. The cost to install a connecting sewer line of the length stated above would be approximately $50,000. To run connecting lines from the common line to the improvements on the two lots would add approximately $42,000 for the main lot, and approximately $32,000 for the westerly lot, for a total cost of about $120,000. That is an extraordinary cost by anyone's definition. When one considers that that cost would have to be incurred to add but one more lot to the one lot that exists, the cost consideration is even more extraordinary, especially since we would be paying the entire cost ourselves. 7. Extraordinary Environmental Impact. A private sewer line that must be excavated over the distances here in question would have a greater effect on the environment, than would a sewer line of a more typical shorter length. Again, this is an extraordinary situation. The City may see other factors that make this situation unique and extraordinary, but those set forth above demonstrate that our situation is extraordinary. Accordingly, we respectfully request either (i) a "deviation" from the dictates of the ordinance pursuant to Section 82-224(e)(1), or (ii) a variance from the requirements of the ordinance, and that we be allowed to proceed with the addition of one more lot without being required to connect our two resulting lots to the public sewer system. Thank you. 3 Sincerely, Judson Dayton AGENDA ITEM Item No.: 20 Date: April 9, 2018 Item Description: LAI 8-000023, City of Orono Text Amendment: Wetland Regulations Presenter: Jeremy Barnhart, Community Agenda Planning Department's Development Director Section: Report 1. Purpose. To consider an ordinance that would amend the setback requirements as they pertain to wetlands. 2. 15.99 Deadline. Not Applicable 3. Background/ Summary Last fall, the City Council directed staff to prepare an ordinance to reconsider the wetland setback requirements. The Council felt that the additional setback impedes the use of a property with marginal benefit, when considering the Watershed District does not require a buffer in all situations. Based on Council's direction, staff has prepared an ordinance that requires a setback (of 25 feet) when there is not a wetland buffer. When there is a wetland buffer, any structures are required to be outside of the buffer. This modification reduces the distances between improvements and the wetland edge from current levels: 4. Planning Commission Vote and Comment. The Planning Commission reviewed the proposed ordinance at their meeting on March 19th. The Commission felt that additional separation between a structure and a wetland was beneficial to the protection of that wetland and no change was necessary; the Commission ultimately recommended no amendment to the ordinance. 5. Public Comment. No public comments have been received to date. 6. Staff Recommendation. If the Council feels changes to the wetland related setbacks are warranted, Staff recommends adoption of the ordinance as drafted. COUNCIL ACTION REQUESTED Motion to either adopt changes to the city zoning code as drafted, or formally decline changes to the ordinance. Exhibits Exhibit A. Draft Ordinance Exhibit B. Planning Commission Minutes Draft Exhibit C. Planning Commission Staff report Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV PC Exhibit A LA18-000023 March 19, 2018 ORDINANCE NO. 196, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CODE OF ORDINANCES PERTAINING TO WETLAND REGULATIONS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1605 shall be amended by adding and deleting text to read as follows: Wetland buffer areas and setbacks. Imo❑❑his sli bsection establishes a thority or letland bl i iier areas arol nd protected i ietlands. ❑❑ter areas are necessary and beneficial to maintain the health o❑ietlands. ❑-Eer areas protect the edge o❑❑etlands Tom erosion ❑hile filtering sediment, chemicals and other n -trients _nom rI-no -that drains into letlands. ❑Mer areas can improe the biological & ersity and health oI-a etland enlironment nhile red icing the aderse impacts o -h -man acti'-ities. bl IA ❑etlands -lithin the City o Orono are nithin the Minnehaha Creek Watershed listrict MCW❑Fl ❑hich has ri les and reg lations for the establishment and maintenance o II letland b❑ers. In an eEort to a oid oLerlapping or conlicting regLlations, the city de-ers Driscliction for the establishment and maintenance o❑-iietland bCllers to the Minnehaha Creek Watershed ❑istrict. FF- application ❑application o-MCW❑ b❑Tor reg -Dations is in con-lct ❑ith city regElations, the Watershed ❑istrict re❑firements shall apply. Eo❑Setbacks. Where the MCW❑ has established or rel i fres a etland b i er. the etland b❑Eier r❑les shall apply. i. Where the MCW❑ does not re❑❑ire a b❑EEier, a t_enty_li e Loot setback shall be re❑Eired bet❑een the edge o -all ❑etlands Tom any bLJlding principal or accessory❑or other str❑ct❑re, septic systems, or ❑ells. ❑he ❑etland edge shall be determined as re --fired in Section 11B1160❑o❑this Code. onim—m distance setback From delineated eclnc E)i I.. etland to y bi ildinn i rhr'n nal e r aGGesser, �therT str I re, rc!septic systems er �., l l,., i � _ ha��i or, Where no ormal b er eigts a-��G'W Fe does not re are ob er Where a ermal h e.rrelsts(-:)r 1-1-he—re r\AC;WF-I85 bili I eet established s#ed er �i�„h e-1 Q eet, b er is mired 1 h,,.he e is eater FormattE FormattE Formattc FormattE ii. Setback reegetation. ❑reqs ❑ithin the re❑fired setback area smlact to idling, grading or e-caetion as part oe constr❑ction proi-ect shall be re egetated immediately ❑pon completion o❑s❑ch earth❑ork. Cd❑❑he City o❑Orono has established ❑etland protection strategies in the Orono S ---ace Water Management Ilan SWM❑❑LLan❑rary ❑0110 ern+er#inn Glosso iGo#inn hos been assigned to nosh Petiand in Orono based on the sterm�:ater S-�SGeptibility and 6�;hGtional assessment -or eaGh Phe -e4 preteGtien Glassi4Gatiens !or all properties eLoept these �-oned as "residential " are PreteGtlon Gllasso �l oa nn Si-si+entibility Rating-escriptIon iddotwraronal Re i ioi=nEe_I !--later E? i-Ii-cer O n ern le --el 1 -rotectl-on nts Ch—mein dE�e 1hespori-s I ' #n rEnr. ire�e" Highly S! srentible Highly s isnentible to beth i i entity and i jali#y imnos#s Torn rPneTr- ho -o the highest degree e pr en I II bele !Maintain i e is#inn be nne�r nendi#ienc li II omit loadings nrede elnnment Yl 1 —rte to leading "Manage 1" Moderately Moderately sl �ssen+ible to--1-"antity and 1 -1 ality im hoots hrntention is less Stringent than ��er_:i� ern ides PFGteGtien to maintain their shara Gteristirs i. -Ii bele -ii aintain ! e! is" he -nee at OF S i�bsentibin .-G-pnAr� I it omit leanings i� pTede elonment time '�8 Lbs', to loadings _ I,GPr "Ma -nag _ Slightly C_srentihle Less stringent nrntertinn than Manone 1 1Tf TI-1retonds -Mao ee �-onaF acterlsstoGs-is ab - �tG�C des;Fle .�.kNaffinTtaTn h A i -i -I 1.0 - be=n,Geeat 1,� tfl""f�G er /� ndo m/�r�� l""fQftfO1T�T li li. omit nnnnentrotinn ll nredel elnnmen# nnnnentro#inns to nb 'IDO ppb- � �Aan T "Manage Least C.-snentihle Wetlands ere s inniinontly degraded -e.g., rl Ito eted nr er-la^'�o-L-etta n d a+hl+r•+r#eristir n# �harac er'stmes-not- typ'Gally imnoeted by r ---no=ne '.=antity and only limited f l'i -hlity treatment ni r:L-no fl Ys ��a IPIPI�I�art* regArement err -III-1 omit onnoentrotion ppb to ❑he protection classikation -or each ❑etland ❑ill be Fo❑hd on the "Wetland Management Classification Map & List" ❑hich is hereby adopted by reverence, a copy o❑❑hich shall be kept on Ile in the o -ice o❑the city clerk and shall be a'.-ailable :or p❑blic re❑ie'- ding all normal olnice hours. '_Ihe Minnehaha Creek Watershed ❑istrict rei_-ired b ❑-fuer area f-lidths are based on the I_oi-r protection classifications. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of , 2018 on a vote of ayes and nays by the City Council of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 2018. Council MINUTES OF THE Exhibit B ORONO PLANNING COMMISSION 18-000023 MONDAY, MARCH 19, 2018 6:30 o'clock p.m. 8. LA18-000023 CITY OF ORONO, AMEND ARTICLE XI OF THE CITY CODE RELATED TO WETLANDS AND WETLAND SETBACKS, 8:04 P.M. — 8:19 P.M. Barnhart stated this application deals with a review of wetland setback requirements. Last year the Council elected to change the wetland delineation requirements but did not elect to change the wetland setbacks. Last fall the City Council directed Staff to review an ordinance that would consider adjusting the setbacks. Barnhart indicated the first time the setbacks were reviewed by the City Council there was some confusion between setbacks and buffers. Setbacks are established by the City and prevent construction within a certain area, such as a front yard setback or side setback. The Watershed District establishes a buffer in certain circumstances, usually at the time of platting or at the time a new house is being constructed, and at that time they will usually require wetland delineations and buffers. In addition to certain setbacks, no grading, fertilizers or structures are allowed within the buffer. As it relates to this proposed change, the amendment only addresses setback. Based on Council direction, Staff put together a draft ordinance with the goal of making it easier to understand. Some sections of the current code were removed that Staff did not feel apply. In addition, Staff attempted to try to simplify what the requirement is in terms of separation of a structure from the wetland delineation. Staff is proposing that if the Watershed District requires a buffer, that that be the separation between the improvement and the wetland. Orono currently has that buffer as well as an additional 10 -foot setback, which Staff is proposing be removed under this text amendment. Barnhart stated when a buffer is not required, which applies primarily to decks and accessory structures that do not trigger Watershed rules, the City has a current setback of 35 feet. That setback comes from a 10 -foot separation as well as the 25 -foot setback. Staff is now proposing a 25 -foot setback, which removes that extra level of setback that many cities do not require, Staff also proposes removing the table that talks about the type of protection classification for the wetland, the description, and the additional protection. Since that is regulated by the Watershed District, Staff felt it was redundant. Barnhart stated at this time Staff is looking for a recommendation from the Planning Commission to take to the City Council. Page 1 of 3 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Schoenzeit stated the extra 10 feet was added to help in situations where there was a door leading out to the back yard and there was a buffer. Schoenzeit stated the extra 10 feet was designed to give the homeowner some extra room and this seems to take that away. Schoenzeit suggested Staff consider adjusting it for a door going out to that area. Schoenzeit stated if the door is on the side of the house and not next to the buffer area, they might not need that extra room. Thiesse noted it was the City's request previously to add that extra 10 feet. Schoenzeit stated that extra 10 feet provides additional protection to the wetland buffer. Thiesse stated they could also state that no door is allowed into that area. Barnhart stated the Watershed District's sole purpose is to protect the wetland, and it was the thinking that if the Watershed District does not require an additional setback to the buffer, why should the City. Thiesse stated the minute something is allowed right next to that buffer, activity is going to start to occur within the buffer because there is a need to maintain someone's property. Landgraver noted in the past the Planning Commission has recommended the additional protection be added. Schoenzeit stated it is similar to the 75 -foot zone rather than a 50 -foot setback. Thiesse stated his concern is if the 10 feet is removed, all that accomplishes is that the structure is moved up to that buffer and the City now has something they cannot enforce. Barnhart stated the homeowner can walk in that area but they cannot mow or add fertilizer. Barnhart stated to some degree it is not the City's rule to enforce and it falls to the Watershed District. Schoenzeit commented if it is not broken, there is no need to fix it. Thiesse asked if the City has received a number of requests to go within the 10 feet. Barnhart stated it is his understanding that there are a number of residents who have spoken to elected officials about the extra setback but that he does not have any hard data about that. Landgraver commented the City needs to balance what Orono has stood for in the past and the requests from a couple of residents. Landgraver stated he believes the 10 -foot setback was a reasonable enhancement and that he has not been convinced that anything has changed. Page 2 of 3 MINUTES OF THE ORONO PLANNING COMMISSION MONDAY, MARCH 19, 2018 6:30 o'clock p.m. Leskinen concurred that if it is not broke, it doesn't need fixing. Leskinen stated the City has the variance process if there is a need to encroach into the 10 -foot setback, and that if it is just a handful of people, she would be reluctant to change what is in place currently. Schoenzeit stated it might be compelling on a small lot but that can be looked at through the variance process. Thiesse noted it was determined it was a problem previously, which is why it was established. Chair Thiesse opened the public hearing at 8:18 p.m. There were no public comments regarding this application. Chair Thiesse closed the public hearing at 8:18 p.m. Lemke stated it should be looked at on a case-by-case basis. Lemke moved, Schoenzeit seconded, to recommend denial of Application No. LA18-000023, City of Orono, Amend Article XI of the City Code Related to Wetlands and Wetland Setbacks. VOTE: Ayes 6, Nays 0. Page 3 of 3 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: March 19, 2018 Council Exhibit C 18-000023 Subject: #LA18-000023, City of Orono Text Amendment: Wetland Regulations Public Hearing Application Summary: The city is considering an ordinance that would alter the wetland wetland setback requirements. Staff Recommendation: The Planning Commission should consider changes to the wetland setback regulations. Background With respect to the environmental goals outlined in the comprehensive plan, and in part the Wetland Conservation act requirements, the city establishes wetland Setbacks, an area where no construction may occur. The watershed district establishes a Buffer, when required by their rules. A Buffer does not allow construction or grading, and requires natural vegetation. In 2017 (Case No. 17-3922), the Council reviewed the rules related to wetland delineation and setbacks, and adjusted the delineation requirements for certain projects, and considered changes to the wetland setback requirements, but did not amend these rules. Last fall, the City Council directed staff to prepare an ordinance to reconsider the setback requirements. The Council felt that the additional setback impedes the use of a property with marginal benefit, when considering the Watershed District does not require a buffer in all situations. Based on Council's direction, staff has prepared an ordinance that requires a setback (of 25 feet) when there is not a wetland buffer. When there is a wetland buffer, any structures are required to be outside of the buffer. This modification reduces the distances between improvements and the wetland edge from current levels: Current Proposed When buffer is required Buffer + 10 feet Buffer When buffer is not required 35 feet 25 feet This change also allows a structure in theory to be located at the buffer edge; in these situations, the homeowner runs the risk of impacting the buffer with construction activities (vegetative loss, compaction of soils, grading, etc.). Recognizing the watershed district is a regional agency, and looks to its City partners to protect the watershed on a more local scale (lot by lot), the Commission and Council should be cautious when considering reductions to wetland protection measures. The additional setback provides advantages including Increases land area to allow for infiltration and overland flow Adds area to conduct housekeeping activities without impacting buffer F1 -i -Li -18-0000-3 March 1 _018 Uage i o i i Promotes a rural character by moving the built environment away from the natural resource. These additional benefits are consistent with Orono's long standing vision of protecting the natural resources, especially the lakes. Comments To date, no public comments have been received. List of Exhibits Exhibit A. Draft Ordinance MEGAN DAYTON 1305 COUNTY ROAD SIX; LONG LAKE, MN 55356 MEGANDAYTON@MAC.COM April 6, 2018 Orono City Council 2750 Kelley Parkway Orono, MN 55356 Dear Orono City Council, Thank you for your service as our community's representatives. I thank you also for the opportunity to express my opinion through public comment. It is my understanding that you will be discussing an ordinance revising Orono's regulations governing wetland setback requirements. As a homeowner on Long Lake, I am writing to urge you not to amend setback requirements as they pertain to wetlands. The existing regulations as written are the best practice standard for managing wetlands to insure healthy lakes and streams. Furthermore, the regulations as written allow wildlife to use the open space provided by these buffers to move around us. As you are aware, the Planning Commission reviewed the proposed ordinance and voted unanimously against making any changes. Needless to say, I agree with the Planning Commission's recommendation. The pressure of development will only increase in the near future. The regulations as written have insured that Orono remains a highly desirable place to live and work. We depend on you all to protect the health and beauty of our natural landscape through regulations such as these, which in turn protect the value of our properties. I include a copy of the Orono logo to remind us all that we advertise ourselves as the Lakeshore City. Please continue to keep that ideal foremost in your minds as you discuss these issues. Sincerely yours, Megan Dayton RoNd fRAfSH 04'�'G/ From: Cassandra Ordway To: Denny Walsh; Richard Crosbv; Wendy Dankey; Victoria Seals; apintruoCd)ci.orono.mn.us Cc: Jeremy Barnhart Subject: Orono"s Buffer and Setback Regulations Date: Monday, April 09, 2018 4:13:42 PM Dear Mayor Walsh and Members of the Orono City Council, I am writing to encourage the Orono City Council to support the recommendation (#LA18-000023, City of Orono Text Amendment: Wetland Regulations Public Hearing) of the Orono Planning Commission to maintain the current buffer and setback rules in our community. Numerous studies have been done highlighting the importance and the size of wetland buffers and setbacks and therefore, it is critically important that Orono maintains the existing buffer and setback requirements. As Mr. Barnhart points out in his report - the wetland buffer setback provides advantages by increasing land area to allow for water infiltration and overland flow, adds areas to conduct housekeeping activities without impacting the buffer, promotes a rural character by moving the built environment away from the natural resource and buffers provide areas and corridors for wildlife. It is also important to reemphasize that the Minnehaha Creek Watershed District is a regional agency, and looks to its City partners to protect the watershed on a more local scale which Orono has historically done very well. The current buffer regulations are consistent with Orono's long standing vision of protecting the natural resources, wetlands, creek and the lakes. We need to protect our wetlands for water quality, animal and fish habitat and our town's unique beauty. Changing the buffer and setback regulations that have been important to our community for many years will have dramatic long-lasting consequences. Currently, Long Lake and the surrounding sub -watershed have very poor water quality (state grade of D). Orono and Long Lake need to take a proactive partnership approach to do everything they can to improve the water quality and reduce the total maximum daily loads (TMDL's) through best land management practices. We need to develop strategies to reduce the storm water and the nutrient loads flowing into the wetlands, lakes and waterways - and one important step is to maintain the current wetland setback and buffers regulations. I want thank you for all that you do to for Orono and our community and I encourage the Orono City Council to support the recommendation of the Planning Commission and vote no to any proposed changes in the current wetland regulations. Thank you very much. Sincerely, Cassandra S. Ordway Cassandra S Ordway 1145 County Road 6 Orono, MN 55356 612-581-5651 casper&oheads.net From: Anna Carlson To: Jeremy Barnhart Subject: FW: Letter to the City Council regarding ordinance amending wetland setback requirements PLEASE DISTRIBUTE FOR TONIGHT'S MEETING. THANK YOU! Date: Monday, April 09, 2018 12:26:35 PM Attachments: setbacklettertoorono2.docx This came in this afternoon. I added to the council seats and at the end of the ord item in the official packet. From: megan m dayton [mailto:megandayton@me.com] Sent: Monday, April 09, 2018 12:22 PM To: Anna Carlson <acarlson@ci.orono.mn.us> Subject: Letter to the City Council regarding ordinance amending wetland setback requirements PLEASE DISTRIBUTE FOR TONIGHT'S MEETING. THANK YOU! Authentisign ID: a�4®19''2F6fRF41W?i/88A9aCBQB7983iV794 February 22, 2018 To: The City of Orono Mayor Orono City Council Members Orono Planning Commission Re: Bracketts Point Public Roadway We are the Owners of the three properties south of the Southways Plat: Bruce Paddock (1450 and 1500 Bracketts Point Road) and Mark & Laurie Headrick (1480 Bracketts Point Road). We hereby petition to the City of Orono to have the remaining 500' of our existing roadway changed to public roadway. We pay more than our fair share of property taxes, this roadway works very well and is in excellent condition in it's current state, it has curb & gutter and has been used by the neighborhood, general public and the City of Orono for many years. We briefly brought this up to the Planning Commission on Tuesday, February 20th, and want to formally make this request. Thank you for your consideration. Sincerely, Authenfi Authenti Suw, q Jaddock 02/22/2018 1WO44 G. *COW" 02/22/2018 Bruce G. Paddock Mark C. Headrick Authenfi +- , L( �,/ 02/22/2018 IIIIII M eJi Laurie S. Headrick AGENDA ITEM Item No.: 21 Date: April 9, 2018 Item Description: Consideration of Petition Concerning a Portion of Bracketts Point Road Presenter: Jeremy Barnhart, Community Agenda Planning Department Development Director Section: Report 1. Purpose. Consider a petition requesting the city convert the private portion of Bracketts Point Road to a public road. 2. Background/ Summary. The three lots at the south end of Bracketts Point are served by a private road. This private road was created as part of the plat Bracketts Point 2nd Addition in 2007. The two owners of these three lots have petitioned the approximately 540 feet of the private road within Outlot B be converted to a public road, meaning that city would take over maintenance of the street. Upon receiving the petition, city staff reviewed the request and outlined findings in the attached Exhibit B. In general, the condition of the road is good, the road was built to city design standards (materials/ thickness), and the additional street length would not negatively impact snowplowing operations. However, the geometry of the road does not meet city standards: It is noted that the public portion of Bracketts Point Road is 21 feet wide within a 40 foot ROW. The Council should cautiously consider acquiring private road segments as the sheer number and miles of private roads, coupled with the aging infrastructure, and the costs to repair and replace this infrastructure will encourage more and more requests. This Brackets Point Road situation could be considered unique in that this private road is an extension of a public road. A review of the street network yielded only one similar situation, the northern end of Briar, north of Minnetonka Avenue. 3. Staff Recommendation. If the Council finds accepting this portion of Bracketts Point Road as appropriate, staff would recommend the following conditions: a. The road will be chip sealed prior to transfer. b. Outlot B should be transferred to the City. COUNCIL ACTION REQUESTED Direct Staff to prepare a resolution of approval or denial of the petition to transfer Bracketts Point Road from Private to Public. Based on the terms of the original easement, all parties would need to sign the resolution if a change is made. Exhibits Required Actual Pavement width 28 20 Right of way width 50 30 Cul de sac radii 50 45 It is noted that the public portion of Bracketts Point Road is 21 feet wide within a 40 foot ROW. The Council should cautiously consider acquiring private road segments as the sheer number and miles of private roads, coupled with the aging infrastructure, and the costs to repair and replace this infrastructure will encourage more and more requests. This Brackets Point Road situation could be considered unique in that this private road is an extension of a public road. A review of the street network yielded only one similar situation, the northern end of Briar, north of Minnetonka Avenue. 3. Staff Recommendation. If the Council finds accepting this portion of Bracketts Point Road as appropriate, staff would recommend the following conditions: a. The road will be chip sealed prior to transfer. b. Outlot B should be transferred to the City. COUNCIL ACTION REQUESTED Direct Staff to prepare a resolution of approval or denial of the petition to transfer Bracketts Point Road from Private to Public. Based on the terms of the original easement, all parties would need to sign the resolution if a change is made. Exhibits Exhibit A. Petition Exhibit B. Staff findings Exhibit C. Map of Area. Exhibit D. List of All private roads in the City Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV CITY OF ORONO Street Address:Mailing ,Address: iele,ohone (952)249-4604 2750 Kelley Parkway 1?a. Box 66 Fax (952) 249-4616 ly Orono, MN 55356 Crystal Bay, MN 55323 www.d.ar©no.rnn.us March 19, 2018 Bruce Paddock 155 Lake Street E Suite 2000 Wayzata, MN 55391 Mark and Laurie Headrick 1480 Bracketts Point Road Wayzata, MN 55391 Re: Transition of Bracketts Point road from private to public Mr. Paddock, Mr. and Mrs. Headrick, We have received your request to transfer the private portion of Bracketts Point Road to a public street. Upon such requests, city staff reviews the geometry of the road and right of way, condition of the road and reports its findings to the Council for their review. The Council's review is scheduled for Monday, April 9th. You or an agent should plan on being present. An agenda and staff report will be available on Friday, April 6th Staffs findings include: 1. Geometry. The geometry of the roadway does not meet current city standards a. The pavement is 20 feet wide with curb where the current standard is 28 feet. b. The right of way is 30 ft where a local public road right of way should be 50 ft. c. The Cul -de -Sac Right of way is a 45 ft radius where a 50 ft radius is required. d. We note the Northern portion of Brackets Point Road, which is public has 21ft wide pavement and sits in a 40ft ROW easement. 2. Based on the plan set from the construction of the road it appears the road profile (thickness and material types) is consistent with current public road standards. 3. Maintenance. The segment is approximately 540 ft long. The pavement is 10 years old. a. Its addition to the winter maintenance program would not be significant. b. The addition of this pavement to the City Pavement Management Plan will cost approximately $157,000 over the life of the road. This assumes 4 chip seals, two overlays and a reconstruction over the next 40 years in today's $s. 4. Condition. a. The road is in good condition with little evidence of pavement surface distress. b. It does not appear that any preventive maintenance activities have taken place. c. The road does have curb and gutter which appears to be in good condition. 5. Considerations. If this road segment does become public: a. Staff recommends current owner to chip seal the surface prior to transfer. b. The stormwater easements / maintenance responsibilities will need to be adjusted. The city would take on maintenance of the portion within the street ROW. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions. Sincerely, CITY OF ORONO `Irl Jeremy Barnhart, AICP Community Development Director Cc: George Stickney, via GStickney@Cbburnet.com Dustin Rief, City Administrator Adam Edwards, City Engineer e0 280 Feet QBOLTON & MENK Real People. Real Solutions. Disclaimer. This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained. © Bolton & Menk, Inc- Web GIS 4/3/2018 9:43 AM Public Road 40 Private Road Orono Private Roads as of October 2014 MPG 10-21-14 Road Name City Sewer or Water Length in Feet Length in Miles Paved or Gravel Cul-de-sac ? (DE=Dead End) Road in Outlot or ??? 1 O City Road Easement? (Henn. Co. Doc. No.) Approx Year Built Ultimate # of Homes Served Homes Served per 100 Lin. Ft. 1 - Abingdon Way 1550 0.29 P Cul-de-sac Outlot 1984 9 0.58 2 - Bay Ridge Road S 950 0.18 P Partial RLS 1959 8 0.84 3 - Bayside Pri W of Tonkawa 1400 0.27 G DE Easemt 19505 5 0.36 4 - Bayside Trail 1100 0.21 P Cul-de-sac Outlot 2013 7 0.63 5 - Boulder Drive S -W 450 0.09 P Loop Common 2004 14 3.11 6 - Bracketts Point Rd ext. S 550 0.10 P Cul-de-sac Outlot 2008 3 0.55 7 - Bridgewater Drive S -W 675 0.13 P Loop Common 2006 17 2.52 8 - Brown Rd N "Homestead" S 1650 0.31 P DE RLS 1969 6 0.36 9 - Carriage Lane 400 0.08 P Cul-de-sac Outlot 1999 5 1.25 10 - Cascade Lane S -W 550 0.10 P Thru Common 2005 19 3.45 11 - Christine Drive 800 0.15 P Cul-de-sac Outlot 1989 8 1.00 12 - Cobblestone Court S -W 500 0.09 P DE Common 2007 4 0.8 13 - Colin Drive 1350 0.26 P Cul-de-sac Outlot 1979 4 0.30 14 - Copper View Drive 250 0.05 P Cul-de-sac Outlot 1996 3 1.20 15 - Countryside Drive W. 1550 0.29 P Cul-de-sac Outlot 1994 14 0.90 16 - Countryside Drive (E) 1300 0.25 P Cul-de-sac Outlot 1983 11 0.85 17 - Creek Ridge Pass S -W 800 0.15 P Cul-de-sac Outlot 2007 8 1.00 18 - Creekwood Trail 1000 0.19 P Cul-de-sac Outlot 1989 7 0.70 19 - Cristofori Circle 1000 0.19 P Cul-de-sac Outlot 1993 4 0.40 20 - Crystal Creek Road 1450 0.27 P Cul-de-sac Outlot 1997 12 0.83 21 - Deborah Drive 2000 0.38 P Thru Outlot 1980 9 0.45 22 - Deer Run Trail 1200 0.23 P Cul-de-sac Outlot 1994 9 0.75 23 - Deer Run Trail East 750 0.14 P Cul-de-sac Outlot 2000 8 1.07 24 - Devin Lane 1250 0.24 P Cul-de-sac Outlot 1978 9 0.72 25 - Dickey Lake Drive 2300 0.44 P Thru Outlot 1983 15 0.65 26 - Edgewood Hills Road S 700 0.13 P DE Easemt 1964 6 0.86 27 - Ferndale N Unnamed S 2400 0.45 P Loop Multiple 1950 10 0.42 28 - Ferndale N Unnamed N 1700 0.32 P Undev Cul Multiple 1950s 19 1.12 29 - "Fox Run" 1300 0.25 G Undev Cul RLS 1968 5 0.38 30 - Fox St Ext W 1500 0.28 P Cul-de-sac Outlot 1930s? 10 0.67 31 - Fox St (MacMillan etc.) 1900 0.36 P Undev Cul Multiple 1930s 8 0.42 32 - French Creek Dr/Cir 3300 0.63 P Cul-de-sac & Thru Outlot 1985 17 0.52 33 - French Lake Road 1350 0.26 P Undev Cul Outlot 1980 6 0.44 34 - Gander Road 450 0.09 P Cul-de-sac Outlot 1979 3 0.67 35 - Golden View Drive 1100 0.21 P Cul-de-sac Outlot 1987 10 0.91 36 - Graham Hill Road 1500 0.28 P Cul-de-sac Outlot 2007 13 0.87 37 - Green Trees Road 500 0.09 P Cul-de-sac Outlot 1981 6 1.20 38 - Hartwood Pri Rd 1000 0.19 P DE Easemt 1976 7 0.70 39 - Hollander Road 2200 0.42 P Thru Outlot 1979 17 0.77 40 - Hunt Farm Road 1600 0.30 P Cul-de-sac Outlot 1987 10 0.63 41 - Hunter Pass 750 0.14 P Cul-de-sac Outlot 1997 4 0.53 42 - Jacobs Mill Road 1200 0.23 P Cul-de-sac Outlot 2000 6 0.50 43 - Jamestown Road S 1700 0.32 P Cul-de-sac Outlot 1977 11 0.65 44 - Kintyre Lane 875 0.17 P Cul-de-sac Outlot 2011 6 0.69 45 - Knoll Manor Road 450 0.09 P Cul-de-sac Outlot 1987 4 0.89 46 - Kokesh Farm Road 975 0.18 P Cul-de-sac Outlot 2001 4 0.41 47 - Landmark Drive S 200 0.04 P Cul-de-sac Outlot 1993 5 2.50 48 - Little Orchard Way S 750 0.14 P Cul-de-sac Outlot 1998 7 0.93 49 - Livingston Court S-W 400 0.08 P DE Outlot 1999 10 2.50 50 - Longview Circle 950 0.18 P Cul-de-sac Outlot 1978 8 0.84 51 - Luce Line Ridge 900 0.17 P Cul-de-sac Outlot 1985 9 1.00 52 - Lyman Ave Pri 800 0.15 P/G Undev. Cul Multiple 1970s 6 0.75 53 - Millston Road 600 0.11 P DE Outlot 1979 3 0.50 54 - North Arm Dr W Pri 800 0.15 P/G DE Multiple 1968 5 0.63 55 - North Farm Road S 900 0.17 P Cul-de-sac Outlot 1978 9 1.00 56 - North Stream Road 550 0.10 P Cul-de-sac Outlot 1986 5 0.91 57 - Northgate Road S -W 550 0.10 P Cul-de-sac Outlot 1980 7 1.27 58 - Oliver Hill S 300 0.06 P Cul-de-sac Outlot (2014) 7 2.33 59 - Orono Oaks Drive 1750 0.33 P Cul-de-sac Outlot 1979 9 0.51 60 - Oxford Road S 1100 0.21 P Cul-de-sac Outlot 1979 10 0.91 61 - Pence Lane S -W 150 0.03 P DE Multiple 1970s 3 2.00 62 - Phillips Drive 500 0.09 P Thru Outlot 1986 2 0.40 63 - Pine Ridge Lane 200 0.04 P DE Outlot 1983 1 0.50 64 - Pine View Drive 400 0.08 P Cul-de-sac Outlot 2014 4 1.00 65 - Rainey Road 750 0.14 P Cul-de-sac Outlot 1989 6 0.80 66 - Ridgewood Circle S (Pt) 700 0.13 P Cul-de-sac Outlot 1980 3 0.43 67 - RuAnn Road S (Pt) 750 0.14 P Cul-de-sac Outlot 1983 4 0.53 68 - Salem Court S -W 600 0.11 P Cul-de-sac Outlot 1982 7 1.17 69 - Sandstone Lane S -W 600 0.11 P Loop Common 2003 14 2.33 70 - Sandstone Circle S -W 600 0.11 P Thru Common 2003 28 4.67 71 - Shadowood/CoxFarm Rd 1700 0.32 P Cul-de-sac Outlot 1991 13 0.76 72 - Silver Meadow Drive 950 0.18 P Cul-de-sac Outlot 1988 3 0.32 73 - Silver View Drive 1200 0.23 P Cul-de-sac Outlot 1988 7 0.58 74 - Somerset Lane 1250 0.24 P Cul-de-sac Outlot 1995 9 0.72 75 - Spencer Add Unnamed S (Pt) 1350 0.26 P DE Outlot 4 0.30 76 - Spring Hill Rd Pri 1100 0.21 P/G Cul-de-sac Multiple 6 0.55 77 - Stonebay Drive S -W 550 0.10 P Thru Common 2003 4 0.73 78 - Stronghold Pri Rd 1050 0.20 P Cul-de-sac Outlot 1983 3 0.29 79 - Sugarwood Drive S -W 2800 0.53 P Thru Outlot 1989 25 0.89 80 - Sussex Circle 150 0.03 P Cul-de-sac Outlot 1990 3 2.00 81 - Sussex Lane 500 0.09 P Cul-de-sac Outlot 1990 4 0.80 82 - Sussex Road 2050 0.39 P Thru Outlot 1990 10 0.49 83 - Tanglewood Road 1200 0.23 G Undev Cul Outlot 1978 6 0.50 84 - Thoroughbred Lane 1400 0.27 P Cul-de-sac Outlot 1995 11 0.79 85 - Truffula Trail 1000 0.19 P Cul-de-sac Outlot 1994 8 0.80 86 - Wakefield Road 1400 0.27 P Cul-de-sac Outlot 1981 8 0.57 87 - Walters Port Lane S -W 800 0.15 P DE Easemt 1960 6 0.75 88 - Wear Lane (South) 400 0.08 P Cul-de-sac Outlot 1985 4 1.00 89 - West Farm Road Part S 1200 0.23 P Cul-de-sac Outlot 1978 12 1.00 90 - White Oak Circle 1600 0.30 P Cul-de-sac RLS 1977 11 0.69 91 - Willow Hill Drive 550 0.10 P Cul-de-sac Outlot 2013 3 0.55 92 - Willow View Drive S -W 2600 0.49 P Thru Outlot 2000 25 0.96 93 - Wolverton Place 1300 0.25 P Cul-de-sac outlot 1990 5 0.38 94 - Woodhaven Drive 1100 0.21 G Cul-de-sac Outlot 1977 8 0.73 95 - Woodhill Avenue Pri 550 0.10 P Cul-de-sac Outlot 1988 4 0.73 96 - Woodhill Road 1500 0.28 P Cul-de-sac Outlot 1988 4 0.27 97 - Wyndmere Road 900 0.17 P Cul-de-sac Outlot 1980 5 0.56 Totals 97 Private Roads 103,175 lin. feet 19.54 mi. 783 0.76 (1) Private roads exist within a variety of defined corridors including: Outlots; RLS Tracts; Private Easements; `Commons' lots or outlots; and a combination of these. "Homes Served per 100 Lineal Feet of Road" gives a relative idea of the potential costs/benefits of maintaining one road vs another. Higher number means more homes served per foot of road maintenance. Examples: An urban neighborhood with 100' wide lots each side of the road would have 2.0 homes served per 100' of road. A rural neighborhood with 200' wide lots each side of the road would have 1.0 homes served per 100' of road. A rural neighborhood with 300' wide lots each side of the road would have 0.67 home served per 100' of road. ► 783 residences served by 103,175 ft. of private road = 132 lin. ft. of road per home ► Average number of homes served per 100 lineal feet of private road in Orono is 0.76 Average length of private road: 977 feet (calculation excludes 11 "through" private roads totaling 19,1501.f.) 97-11 = 86 dead-end or cul-de-sac roads. 103,175 — 19,150 = 84,025 84,025 l 86 = 977 feet Percentage of Orono residences served by private roads: 23% # of existing/approved Dwelling Units served by private roads: 783 # of existing/approved Dwelling Units as of Summer 2014: Approx 3350 783 / 3350 23% Orono Private Road Statistics Summary - October 2014 Number of Private Roads 97 Total Length of Private Roads 103,175' (19.5 miles) Average Length of Private Roads (Excludes Through Roads) 977 feet (0.18 mile) Number of Private Roads Exceeding 1000' Length Max. (Excludes Through Roads) 37/97 = 38% Average Width of Private Road Outlots or Tracts 50' Total Acreage of Private Road Right-of-ways 118 Acres Approx. Number of Private Roads that are Paved 90/97 = 93% Range in Paved Width 14'- 28' Number of actual developed Cul-de-sacs (includes cul-de-sacs and loops) 68 Number of private roads containing municipal sewer or water lines 29/97-30% AGENDA ITEM Item No.: 22 Date: April 9, 2018 Item Description: Planning Commission Alternates Presenter: Jeremy Barnhart, Community Agenda Planning Department's Development Director Section: Report 1. Purpose. Consider two additional Planning Commission Alternates 2. Background/ Summary. Chris McGrann has requested to step down as Planning Commission Alternate. With Mr. McGrann's retirement, the roster of Planning Commission alternates includes the following: Jan Berg (Appointed April, 2003) JB Seals (Appointed March, 2018) Mark McCutcheon (Appointed March 2018) Two of the three recently retiring members of the Commission, Denise Leskinen and Loren Schoenzeit, have indicated their willingness to serve the Commission as an alternate. Having experienced Commissioners serve as alternates helps the Commission appropriately respond to applications, given the five new members (three regular and two alternates) and the learning curve associated with understanding the City Code and processes. Further, there is some advantage of implementing a staggered term system for alternates, to avoid a mass exodus of institutional knowledge. 3. Staff Recommendation. Staff recommends appointing the Loren Schoenzeit and Denise Leskinen to serve as Planning Commission alternates for a two year term, expiring March 31, 2020. COUNCIL ACTION REQUESTED Motion to appoint Loren Schoenzeit and Denise Leskinen to serve as Planning Commission alternates for a two year term, expiring March 31, 2020. Prepared By: J. Barnhart Reviewed By: -Sb)R Approved By: -TV AGENDA ITEM Item No.: 23 Date: April 9, 2018 Item Description: Letter Addressing Street Improvement Districts Presenter: Dustin J. Rief, Agenda City Administrator's City Administrator Section: Report 1. Purpose. The purpose of this letter is to inform the State Senator and Representatives that the City of Orono's stance towards street improvement districts has changed. 2. Background. In 2013 the City had previously taken the stance of supporting legislation to allow cities to create street improvement districts. On March 20, 2018 the council work session discussed this previous action and staff was directed to develop a letter to inform our Senator, Representatives and the Minnesota League of Cities that the City no longer supports legislative actions related to street improvement districts. COUNCIL ACTION REQUESTED Motion to approve the letter informing State Senator and Representatives the City of Orono no longer supports any current or future legislative action regarding the establish of street improvement districts. Exhibits Exhibit A. Street Improvement District Letter References Exhibit A. Council Action April 8, 2013 Prepared By: 5b)R Reviewed By: -�b)R Approved By: -TV CITY OF ORONO y Street Address:Mailing Address: Telephone (952) 249-4600 F� Gw 2750 Kelley Parkway PO. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us "1kf.c M O� ❑pril q ❑018 Senator ❑'a[ -id Osmek E5 ❑ni ersity ❑I❑ en❑0 W. Minnesota Senate ❑AIding, Room ❑1011 St. ❑ad, MN 55155 Representati❑e ❑erry Herta❑s ❑03 State 011e ❑IEJIding 100 Re❑ ❑r. Martin L❑cher Hing-ir. I -III -d. St. ❑a❑I, MN 55155 Representatil-e Cindy :ll-gh C11 State OLiee ❑❑ilding 100 Re❑ ❑r. Martin L❑ther ❑ing Cr. ❑ iil❑d. St. ❑aIj MN 55155 ❑ear Senator Osmek, Representati❑e Herta❑s, Representati❑e ❑❑gh, Fam Firiting to inlerm yol (that the City o❑Orono has changed their stance regarding Street Fmproi ement nistricts. In F013 the City pre Jo-Isly s pported legislate O actions regarding street impro❑ement districts. C!-Irrently, the City ❑ishes to retract that siEpport ilor any pending or ❑ tae legislati❑e action. ❑he City o❑Orono belies a responsible ❑se o❑ta❑dollars and b❑dgeting oC:or time can sI-Elciently Cl hd road impro❑ ement re-l❑irements and -Oels any additional legislation is ❑nnecessary to s❑pport street isnding. Orono does not agree ❑ith alternati::0 funding mechanisms that can be constr❑ed as another form o❑ta❑ation. []lease consider o❑r stance ❑hen this iss❑e may come ❑p in the Ut❑re. Sincerely, ❑ennis Walsh Mayor City o❑Orono CC❑Leag❑e o❑Minnesota Cities AGENDA ITEM Item No.: 24 Date: April 9, 2018 Item Description: Support for Metropolitan Council Reform Presenter: Dustin J. Rief Agenda City Administrator's Section: Report 1. Purpose. The purpose of this action is to show support for legislative reform of the Metropolitan Council 2. Background. On March 20, 2018 the Council discussed a previously proposed action regarding the overreach of the Metropolitan Council originally discussed August 22, 2016. Council directed staff to present a resolution of support for reform to bring to the next city council. The attached resolution supporting principles for reform of the Metropolitan Council. COUNCIL ACTION REQUESTED Motion to approve the Resolution Supporting Principles for Reform of the Metropolitan Council. Exhibits Exhibit A. Resolution of Support for Reform to the Metropolitan Council References Exhibit A. Work Session Packet from August 22, 2016 Prepared By: -SbV Reviewed By: -Sb)R Approved By: -T)2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL RESOLUTION SUPPORTING PRINCIPLES FOR REFORM OF THE METROPOLITAN COUNCIL WHEREAS, regional planning and local government cooperation is vital to the continued success of the Minneapolis -St. Paul Metropolitan Area; and WHEREAS, the Metropolitan Council is, by statute, the regional planning agency for the Minneapolis -St. Paul Metropolitan Area, with broad authority, including the ability to levy taxes, charge fees and set regional policy; and WHEREAS, cities and counties are the entities most directly affected by policies and financial decisions of the Metropolitan Council, making them the primary constituents of the Metropolitan Council; and WHEREAS, the Metropolitan Council's scope of authority and involvement in regional issues has expanded significantly over the years; and WHEREAS, a governmental entity, particularly one with taxing authority, to be effective, must be credible, and responsive and accountable to those it represents; and WHEREAS, the appointment of Metropolitan Council members resides solely with the Governor, effectively making the Governor the primary constituent of the Metropolitan Council; and WHEREAS, many cities and counties believe that the Metropolitan Council lacks accountability and responsiveness to them as direct constituents; and WHEREAS, many cities and counties believe that the authority to impose taxes and set regional policy should be the responsibility of local government elected officials; and WHEREAS, reform is necessary to ensure that the Metropolitan Council is an effective, responsive, and accountable partner for regional development and progress. NOW, THEREFORE, BE IT RESOLVED, that the Metropolitan Council, due to its taxing and policy authority, should be accountable to a regional constituency of those impacted by its decisions; and BE IT FURTHER RESOLVED, that the Metropolitan Council should not operate as a state agency answerable to only one person, the Governor, as it does in its current form; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. BE IT FURTHER RESOLVED, that the City Council of Orono, Minnesota supports reform of the Metropolitan Council that adheres to the following principles: L A majority of the members of the Metropolitan Council shall be elected officials, appointed from cities and counties within the region; II. Metropolitan cities shall directly control the appointment process for city representatives to the Metropolitan Council; III. Metropolitan counties shall directly appoint their own representatives to the Metropolitan Council; IV. The terms of office for any Metropolitan Council members appointed by the Governor shall be staggered and not coterminous with the Governor; V. Membership on the Metropolitan Council shall include representation from every metropolitan county government; VI. The Metropolitan Council shall represent the entire region, therefore voting shall be structured based on population and incorporate a system of checks and balances. ADOPTED this 9th day of April 2018, by the City Council of the City of Orono, Minnesota. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dermis Walsh, Mayor