HomeMy WebLinkAbout07-09-2018 Council PacketAgenda for Council Meeting Set for Monday, July 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 June 25, 2018
2. Council Work Session Minutes of June 25, 2018
3. Claims/Bills
4. Approval of Rental License
5. Approval of Garbage License
6. Approval of Changes to the Liquor License for Narrows Saloon
7. Appointment of 2018 Primary Absentee Ballot Board — Resolution
8. Approval to Hire Municipal Services Support Representative
9. Adoption of a Resolution Approving Morgan Stanley's Resolutions for Corporations
10. East Long Lake Road Disposition
11. LAI 8-50 — Stonewood LLC, 1020 Tonkawa Road, Conditional Use Permit — Resolution
12. LAI 8-53 — Norling Lake Minnetonka Landscapes o/b/o Kent Lentnes, 3508 Ivy Place, Variances —
Resolution
13. LA18-56 — Black Bear Builders o/b/o Chris & Leslie Neugent, 710 Big Island, Variances —
Resolution
Public Comments — (Limit 5 Minutes per Person)
This is an opportunity for the public to address matters not on the agenda. The council will not engage
in discussion or take action on items presented at this time. However, the council may refer issues to
staff for follow up or consideration at a future meeting. Speakers should state their name and home
address at the podium before speaking.
Mayor/Council Report
City Administrator's Report
City Attorney's Report
Adjournment
Upcoming Events
2018
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, July 9, 2018, 7:00 P.M.
Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356
952-249-4600 / www.ci.orono.mn.us
07-23-18 City Council Work Session, Monday, 5:00 p.m.
07-23-18 City Council Meeting, Monday, 7:00 p.m.
08-13-18 City Council Meeting, Monday, 7:00 p.m.
08-14-18 Primary Election Day
08-20-18 Planning Commission Meeting, Monday, 6:30 p.m.
08-27-18 City Council Work Session, Monday 5:00 p.m.
08-27-18 City Council Meeting, Monday, 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
Monday, June 25, 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, Finance Director Ron Olson, City Planners Melanie Curtis and Laura Oakden, Public
Works Director/City Engineer Adam Edwards, City Attorney Amy Schutt, 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 JUNE 11, 2018
2. CLAIMSBILLS
3. APPROVAL OF RENTAL LICENSES
4. APPROVAL OF GARBAGE HAULER LICENSES
5. DONATED SICK LEAVE POLICY AMENDMENT
6. AUTHORIZATION TO REFUND ESCROWS
7. APPROVAL TO DISPOSE OF FORFEITED VEHICLE
8. CAPITAL PURCHASE OF NEW RADIOS AND ACCESSORIES
9. PUBLIC WORKS MAINTENANCE WORKER COMPENSATION ADJUSTMENT
10. LONG LAKE RAVINE STABILIZATION
11. APPOINTMENT OF 2018 SEASONAL EMPLOYEES
12. LA18-25 — 3625 TOGO ROAD, FINAL PLAT — RESOLUTION NO.
Crosby moved, Printup seconded, to approve the Consent Agenda as submitted.
VOTE: Ayes 5, Nays 0.
Walsh moved, Crosby seconded, to add Item No. 16 to the regular City Council agenda, purchase of
fire truck. VOTE: Ayes 5, Nays 0.
PUBLIC COMMENTS
None
Page 1 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
PLANNING DEPARTMENT REPORT
13. LA18-42 — TEXT AMENDMENT: CHAPTERS 78 AND 82 PUBLIC HEARING
NOTIFICATION DISTANCE AND SUBDIVISION REQUIREMENTS
ORDINANCE NO. 211, THIRD SERIES
Barnhart stated this item relates to a proposed ordinance to alter the notification distance for public
hearings from 350 feet to 500 feet. State statute requires notification of property owners within 350 feet
for zoning ordinance amendments. Within the zoning and subdivision chapters, the City also requires a
public hearing for all conditional use permits, variances, rezoning requests, comprehensive plan
amendments, wetland and subdivision requests.
The intent of the notification radius is to inform those property owners that are more likely to be directly
impacted by a proposal. All interested parties are notified via the notice in the official paper and on the
City's listsery/website.
The City Council should consider the following:
1. How residents hear about public hearings and how many give input.
2. The increased cost for postage and mailings.
3. The impact an application might have on an abutting neighbor versus a neighbor 500 feet away.
The Planning Commission discussed the proposed ordinance and found the existing distance to be
sufficient. The Planning Commission unanimously voted to deny the proposed text amendment.
To date, no public comments have been received.
Walsh noted this recommendation came out of the development review committee as a result of the
varying lot sizes throughout Orono. Walsh stated the thought was that 500 feet might be more
encompassing and bring more people into the application.
Seals commented the ordinance makes sense and that there have been times in the past when people were
unaware of a project going on in their neighborhood.
Crosby stated he is comfortable with the ordinance.
Dankey stated in the Casco Point neighborhood it would encompass quite a few properties but in other
areas it would maybe cover one or two properties. Dankey asked whether the notification radii can be
adjusted according to lot size.
Barnhart indicated the Council could do that if they would like but that it would become more challenging
to Staff to administer it fairly and equitably. Staff felt impacted property owners should be invited to the
public hearing and that 500 feet is a good distance, especially in some of the more dense neighborhoods.
Barnhart stated everyone has a right to comment but sometimes the City Council wants to hear more
directly from the neighbors that are more impacted than those further away. Barnhart stated the Council
will need to weigh comments from an adjacent neighbor versus someone who is further away. Barnhart
noted Orono exceeds state statute by requiring a public hearing for a variance application.
Page 2 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
13. LA18-42 — TEXT AMENDMENT: CHAPTERS 78 AND 82 PUBLIC HEARING
NOTIFICATION DISTANCE AND SUBDIVISION REQUIREMENTS
ORDINANCE NO. 210, THIRD SERIES — Continued
Printup commented the ordinance fits in with what the City Council has talked about with communication
with the residents and that he is in favor of the ordinance, especially when something controversial is
going on in the area. Printup stated it is another tool the City can say that they are trying to let people
know what is going on.
Crosby indicated he concurs with Council Member Printup but that the Council and Planning
Commission will need to weigh the comments.
Dankey noted the ordinance would also result in more cost to the applicants.
Barnhart stated the fee has been adjusted so the City absorbs those costs and that it would be nominal.
Mayor Walsh asked if anyone from the public would like to comment on this item.
There were no public comments regarding this application.
Printup moved, Seals seconded, to adopt ORDINANCE NO. 210, Third Series, an Ordinance
Amending Title IV Land Use Pertaining to Public Hearing Notification Distances, and to approve
the summary ordinance, SUMMARY ORDINANCE NO. 211, Third Series. VOTE: Ayes 5, Nays
0.
14. LA18-55 PAUL VOGSTROM O/B/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN
Paul Vogstrom, Applicant, was present.
Curtis stated the owners are requesting input on a sketch plan proposing to create a new lakeshore lot
between their Walters Port home and the Hueler property at 2715 Pence. Because the property as it exists
today results from the recent combination of 2709 Walters Port Land and the recently acquired 2710
Pence Lane property, a subdivision rather than a lot line rearrangement is necessary.
This application was discussed last week at the Planning Commission meeting. As proposed, there are a
number of unresolved issues, some of which result in nonconformities and the need for variances. The
following is a summary of the issues:
A. The existing private driveway is conforming as it serves only two homes. The addition of a third
lot/home served triggers the Code requirement for a 24 -foot wide, private road within a platted
50 -foot outlot, with a 100 -foot cul-de-sac. The applicant is showing a private driveway with two
gates and an emergency access connection to Walters Port Lane for police, fire, and ambulance
access. This driveway does not meet Code standards to add a third lot.
B. Without creation of a platted outlot for a private road, proposed Lot 2 will be a second back lot,
where the Code allows for a maximum of one lot to be a back lot. In addition, Lot 2 as shown
Page 3 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
does not meet back lot standards in regards to meeting 150 percent of the district area and setback
requirements. The lot is shown as 1.0 acre and 140 feet wide.
C. Lot 2 shows a building envelope which encroaches significantly into the average lakeshore
setback. The "grandfather" status of the previous Haberman home is no longer relevant as
the properties have been combined into one. A newly created lot must demonstrate a
conforming building envelope.
The Planning Commission reviewed this sketch plan at their June meeting and comments were received.
The Commission provided feedback to the applicant and the applicant has provided a plan that responds
to some of the direction given. This plan has not been fully reviewed by Staff and additional comments
were received this weekend and earlier today and should be entered into the record. Copies of those
comments have been provided to the City Council.
Many of Staff s comments are consistent with the applicant's previous sketch plan application reviewed
by the Council in August of 2017. Feedback by the fire chief and police chief should be incorporated into
their preliminary plat application.
The following written comments were received:
Elizabeth Reese -Marton: "Hi, Sue. I'd like to address my two concerns: water and turnaround area for
WP.
(1) In the past the Nelson -Crosby property was the lowest point on the lawn by the lagoon. Nelson
regraded and one of the three next owners also raised it and now my property by the lagoon and my lawn
is the low point. I'm not happy about it, as a severe rain can flood parts of it. I know your landscaper is
trying to protect further flooding for the Crosbys and that is a big concern, but I also don't want more
water shifted to my yard. Please talk to your landscaper and get assurances that any runoff will not be in
the Reese -Marton yard. I'm sure it can be worked out.
(2) I'm also concerned that the turnaround area for trucks on Walters Port is not adequate.
As you know, I'm disappointed that you're leaving Walters Port. It's always been my thought that
Walters Port and Pence should become one, but guess it's too late now. I'm happy for you and Bill as
you have worked together with us on your plans and dreams, but it also means a lot of changes for all of
us. I hope it all turns out well for the two of you and for us (your neighbors). Good luck!"
Patricia A. Morris, 2697 Kelly Avenue: "Melanie, please pass this to the Council. I am having a very
hard time understanding why variances were granted in the first place to build an addition onto a home
that was already out of character for this neighborhood. Where was the hardship for this? Now they want
to split off a non -conforming lot to build another 7,000 square foot home that will require numerous
variances? Any encroach the sightlines of the neighboring property? Again, what hardship does this
present? They were told that this would be a problem when they combined their property with the
Page 4 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Haberman property but that did not seem to deter them. It has always been my understanding that any
new build had to conform to City Code.
I do remember a few years back when one of my clients requested eight additional feet so they would not
have to look at an illegal fireplace on the neighbor's property. They were told in no uncertain terms that
the answer was no and Orono will never grant a variance to build anything in the 0-75. Dunkleys'
property is already too close to the lake and so is the addition. So this must mean that now anyone can
get a variance to do whatever they want in Orono? Dunkleys' property is directly in my sightline and I
certainly do not want another structure when their home is already too large for this neighborhood."
Bill and Sandra J. Keegan, 2707 Walters Port Lane: "Dear Melanie Curtis. We are in favor of most of
the pond/wetland improvements that were proposed at the neighborhood meeting this past June 13t'.
There wasn't very much discussion on the Lot 2 split other than right now access would be on Walters
Port Lane with hopefully switching that to Pence in the future.
Our concerns have to do with drainage into our property. Since the rebuilt 10 years ago of the Dunkley
property, we have had washout from their driveway into our property on the south side and also down our
driveway. Our concern is that extending Walters Port Lane to access proposed Lot 2 would cause further
runoff down Walters Port Lane as it is a hill and there will be increased hardcover.
On the proposal there is a berm where there are presently pavers on the road. The landscaper indicated
this might help divert the water away from our property but pavers would need to be removed. Sue
Dunkley indicated she did not want to remove any pavers. We are also getting runoff behind our garage
and don't think the berm would solve this issue. We would like to see this remedied as soon as possible.
This project has changed the character of the neighborhood. It is much closer to us than we thought it
would be and does surround our home. We understand that this is the Dunkleys dream so we have tried
to be good neighbors. Unfortunately we are unable to come to the Council meeting tonight. Any
questions, please call. Thanks for your time."
Janice Berg: "Melanie, as someone who has served on the Planning Commission for many years, I find
the above -referenced application very troubling. The request for variances and exceptions regarding
building site, average lakeshore setback, creation of back lots and driveway access require the City to
make many exceptions to City Code.
I see no hardship as the owner created this situation when they combined the two lots into one to
build a large addition on their existing home.
2. Tearing down a home, City looks to make the new lot conforming to Code.
Three homes on a private driveway has been discouraged.
4. Creation of back lots has always been done not to create nonconforming properties.
Page 5 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
5. This property should not be considered a point but the natural shoreline of the lake.
With this request I think the City needs to consider the setting of precedents that ultimately could cause
more requests for this type of application, requesting more exceptions to our City Code. I respectfully
submit my thoughts on this application. Thanks."
Curtis stated the City Council should discuss the issues outlined in Staff report and provide direction to
the applicant.
Paul Vogstrom, Applicant, stated they received some great feedback last week at the Planning
Commission and that they are looking for feedback on the average setback, emergency access, and a new
outlot on Pence. Vogstrom indicated they are open to turning the private drive into an outlot and that
currently they are proposing that Walters Port go straight through. Vogstrom indicated he did talk to
Melanie Curtis briefly today about having Walters Port be the outlot to service Lot 2, which the City
Council may want to comment on, or another option would be to have the outlot off Pence and eliminate
the back lot variance.
Vogstrom stated they will be working with the surveyor and engineer over the next few weeks to resolve
some of those issues. Vogstrom stated since the lot has been combined, it is somewhat irrelevant where
the old home used to be, and that they have pushed the proposed house back so the view from the
Hueler's is not obstructed. Vogstrom indicated he did provide some pictures today to Staff.
Curtis displayed aerial photographs of the area.
Vogstrom indicated the first photograph shows the house before it was removed. Vogstrom stated it does
not make sense to have a home sitting in front of everyone else but that is kind of how this lot is shaped.
Vogstrom noted the second photograph shows the heavily wooded area and the new Lot 2. Vogstrom
stated the green line depicts where the old home was and that they are proposing the new home for Lot 2
to be 17 feet back from there its closest point. The new home then goes back further as it angles off to the
west. Vogstrom noted the view from one window in the Hueler's home would be obstructed by the new
home.
Crosby asked if the home will be within the 75 -foot setback.
Vogstrom indicated it will meet the 75 -foot setback but that the average lakeshore setback will cut
through the house.
Greg and Kelly Hueler, Pence Lane.
Kelly Hueler, 2715 Pence Lane, stated they are the neighbors directly impacted by the proposal and that
they have been in front of the Council and Planning Commission previously as this process has unfolded.
Hueler stated it is their understanding that the City Code that is in place is to be equitably administered to
all neighbors and all citizens of Orono. Hueler indicated they took five years in researching where they
Page 6 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
wanted to live on the lake and that they specifically chose Orono because they felt comfortable in the
City's planning process and their protections of the lakeshore. Hueler stated when they lived on Kelly
Avenue, they had to adhere very carefully to the average lakeshore setback and that they accepted that.
Hueler stated at this point their concerns are that when the property was combined, the Dunkleys were
provided a significant number of variances to build the house. Hueler stated the Dunkleys knew if they
combined those two parcels, they would have to request a subdivision and that they are simply asking that
this situation be treated the same way as other residents have been treated.
Greg Hueler stated they have been negatively impacted by this in a host of ways and that the last phone
call he had with Mr. Vogstrom was that the majority of the trucks would be using Walters Port. Hueler
stated to his understanding there has not been a single truck that has gone up Walters Port and that at
times their driveway has been impassable due to mud. Hueler stated there have been a number of times
where trucks have blocked their driveway entrance and that it got so bad last week that his son had to call
the police. The police indicated they would make sure it does not happen again. Hueler commented these
are the things that are immediately impacting them personally.
Hueler stated they are most concerned if this gets approved about what it will do for others who want to
do the same thing. Hueler stated they are also concerned about the shoreline and questioned why some
people are allowed to not follow the rules and build a house in someone's sightline. Hueler noted it was
the Dunkleys' choice not to leave the existing house.
Kelly Hueler stated the Dunkleys knew that requirement before the house was removed and that the
Dunkleys are very experienced in real estate as part of their business. Hueler stated one of their main
concerns is that many of the neighbors did not know about the meeting tonight and that they emailed a
number of neighbors over the weekend. Hueler commented she understands that many of the neighbors
on Walters Port are very supportive of this because they have been promised substantial improvements
but that they are here to say that this is not just going to happen to them because there are many houses
being built right now around the lake that could request the same thing. Hueler noted those homes,
however, did not get variances to go inside those sightlines. Hueler stated if this request is approved, it
would set a precedent, which means anyone can request it.
Hueler stated they are asking the City Council to give serious consideration to what this means if this
proposal is allowed to proceed and go forward.
Greg Hueler pointed out that this is a sketch plan and not a formal survey. Hueler stated the proposed lot
looks like it has a point, which is absolutely not the case, and that it is a meandering shoreline. Hueler
stated the other thing that was brought up is the way the Dunkleys added their addition basically forces
the new home to be out by the shoreline, which is the decision they made and is not a hardship.
Dankey noted the proposed home is back further, which should help their sightline.
Kelly Hueler stated it is a two-story home and it would not help their sightlines.
Page 7 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Curtis indicated the City measures the average lakeshore setback as a straight line from the closest point
of the adjacent homes.
Walsh stated the City Council has discussed many times whether someone's sightline is straight across
the lake or whether it goes off to the side. In some developments homes have to be built in a certain order
or they would not be able to be built on due to the average lakeshore setback.
Kelly Hueler stated they would agree the shoreline meanders but that it is not a point.
Crosby stated he has never considered a side view a sightline.
Seals noted on Highwood the City Council made the applicant construct his deck in a triangle and in this
instance half of the proposed home is within the sightline. Seals stated she understands what both sides
are saying but that a good portion of the home is in the sightline.
Crosby stated he considers the sightline to be someone's vision to the lake.
Curtis noted it is the regulatory sightline that is being discussed.
Crosby stated the proposed home is located further back than what was existing.
Seals stated the old structure is no longer relevant since it was removed.
Crosby stated in reality it is not irrelevant because when the property was purchased, the home was there.
Printup stated if the City needs to change the code, they can change the code, but that is not being
discussed tonight.
Walsh stated someone can argue whether it is a practical difficulty because they are on a rounded point.
Seals questioned whether it is really a practical difficulty if someone creates their own practical difficulty.
Greg Hueler stated if the home had not been removed, it would not matter.
Kelly Hueler stated the Dunkleys could have easily conformed with not just the sightlines but with the
private drive. Hueler stated there are a whole host of nonconforming issues with this proposal.
Walsh noted one issue is the average lakeshore setback and another is whether there is a practical
difficulty because it is a rounded point.
Greg Hueler stated he would request the City Council come stand on their dock and look at the shoreline.
Hueler indicated it is a slightly curved shoreline and is not the way it is being described by the applicant.
Page 8 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Kelly Hueler stated the other issue is the easement and that the reality is that the City Code says a private
drive serves two homes.
Walsh commented there are some complicated issues that will need to be worked through. Walsh stated
he is not sure whether a cul-de-sac is the answer either.
Printup stated he would like to see a rendering of what conforming would be for this lot so they can see
what they have to work with.
Seals agreed that that would help clarify the situation. Seals stated it is likely something can be built there
but that it probably is not this. Seals stated if someone creates the issues, then it is not a practical
difficulty.
Kelly Hueler stated they do not get everything they want either and that they will continue to make their
position clear as this goes through the process.
Hueler stated it is her understanding that Council Member Crosby recused himself on the last application
with the Dunkleys.
Crosby stated he is not sure yet whether he will be recusing himself on this application. Crosby stated he
did do business with the Dunkleys and the economic interest was extremely minimal.
Vogstrom stated he does have a plan depicting the cul-de-sac. Vogstrom noted they also had a sketch
plan review earlier depicting the placement of the new home on Lot 2 where they received positive
feedback. Vogstrom stated they did not know the ramifications of combining the lot because otherwise
they would not be sitting here trying to get the average line of sight figured out since it was always their
intent to build a home on the lot.
Vogstrom indicated they are looking to create an outlot so the lot is conforming and not a back lot. In
addition, they would like to construct a 24 -foot wide road rather than a cul-de-sac. Vogstrom stated the
Huelers and the other neighbors did not want the huge driveway and pavement. Vogstrom stated they are
considering access off of Walters Port
Walsh asked if the Huelers would access off the cul-de-sac, Lot 2 would access off the cul-de-sac, and the
Dunkleys off of Walters Port.
Vogstrom indicated the Dunkleys could access off of Walters Port or Pence and that the Huelers' lot right
now is nonconforming but that it could be made a conforming lot as well.
Curtis stated in order to make the Huelers' lot conforming, they would need to extend the cul-de-sac or
have the Huelers connect to the new road because they are currently a back lot. Curtis noted they would
not need to do that if they connected the Dunkleys' home to Walters Port.
Vogstrom stated that is another option they are looking at.
Page 9 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Crosby asked if it would be conforming if they connected to Pence.
Curtis stated she would have to see a plan.
Vogstrom stated they can probably meet that because they have four acres to work with.
Walsh stated the line of sight also has to be taken into consideration.
Vogstrom stated it does not make sense to have a home in front of two homes and that there has to be a
happy medium. Vogstrom noted they do not have final house plans and that they are here for feedback
from the City Council.
Greg Hueler asked if this is granted and they were given a subdivision, whether they would then go
through a separate process to get a building permit and variances.
Walsh stated variances start with the Planning Commission and that this is a sketch plan so the City
Council will not be granting anything right now.
Barnhart stated ultimately the applicants would come back with a subdivision application, which may
require some variances, and if they wanted to build a home that encroaches into the average lakeshore
setback, that would probably be a separate application where they would have to justify the practical
difficulties.
Kelly Hueler stated there has consistently been work done outside of the permits and a number of times
the City has had to issue stop work permits. Hueler stated their experience has been that while it might be
on paper, that is not what happens on a daily basis. Hueler stated while the lot the Dunkleys purchased is
only supposed to use Walters Port, it is not practical or reasonable to think that those three homes will not
end up using Pence Lane. Hueler stated one of the Dunkleys' goals has been to have a private driveway
into their residence, and that if the City Council is going to grant those variances, they have to think about
everyday reality.
Walsh noted the City can attach conditions to the variances but that they cannot say they are not of good
character so they cannot give them the variance. Walsh stated the City Council can address concerns with
reasonable conditions.
Kelly Hueler commented this is about fact and that frequently there has been work done outside of the
permits. Hueler stated they live there and are experiencing it on a day-to-day basis and that she brought it
to the Council's attention so they can consider it.
Crosby asked how far their driveway goes down Pence Lane.
Kelly Hueler indicated to the property line and that the rest is easement.
Crosby asked how owns the rest of Pence Lane.
Page 10 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Kelly Hueler indicated Mr. and Mrs. Dunkley do and that they have a one-third undivided interest.
Eric Vogstrom, Casco Point Road, stated the Dunkleys have lived there since 1984 and the Habermans
eventually sold their property to the Dunkleys due to the required upkeep. Vogstrom stated the lot was
somewhat junky with some concrete, other debris, and downed trees. The Dunkleys' main objective was
to obtain some more land. When the Huelers found out the Dunkleys purchased the Haberman property,
they had a conversation in which the Huelers said they wanted more privacy. The Dunkleys worked with
the Huelers for a little while and offered to sell them some property for the sale price that they paid for it,
which was not acceptable to the Huelers. Vogstrom noted the Huelers have to cross over 600 feet of
Dunkleys' property, which does not provide much privacy for the Dunkleys.
Vogstrom noted the Dunkleys did not know once they combined the lots that they would have to meet
those requirements, and while ignorance is no excuse, the Huelers are saying a lot of things that are
definitely inaccurate. Vogstrom stated the Dunkleys only received one variance to build in the 0-75 foot
zone and that they did not cause the difficulty with the new lot because their whole new addition is within
the 0-75.
Curtis pointed out the Dunkleys average setback is based on the two adjacent homes.
Eric Vogstrom stated the Dunkleys did not receive multiple variances for their new addition and that they
basically got rid of the hot tub and built over it. Vogstrom stated the Dunkleys are at 65 percent
hardcover and that their entire house is within the 0-75. Vogstrom stated the only way to attach the
addition was to build within the setback. The Dunkleys now have four and half acres and they are not
trying to cram something into a small area.
Vogstrom indicated they are willing to listen to the City Council and that the previous sketch plan went
well until the undivided issue in the easement came up. Vogstrom stated the attorneys will work that out.
In addition, the Dunkleys have met with all the neighbors and that they have gone out of their way to
make them happy. When the Dunkleys did their remodel in 2008, the Dunkleys paid over $150,000 to fix
the sea wall, which benefited the neighbors. Vogstrom commented it is the same thing with the whole
swampy area and the trees and that all the Dunkleys want to do is clean it up and improve it. Vogstrom
stated it was too much upkeep for the previous property owner, which is why they sold it.
Vogstrom encouraged the City Council to go out to the property and look at it. Vogstrom noted they are
not blocking the line of sight and that they did not create the issue with the land.
Crosby asked how much further back the new house would go.
Eric Vogstrom indicated the closest part would be 17 feet and that the area in the front is a potential pool.
Vogstrom stated the proposed home is way beyond the 75 -foot setback and that given the big weeping
willow tree and other trees in that area, the Huelers have no views over that. Vogstrom noted they can
trim up some of those trees to improve the Huelers' view and that they are willing to work with them.
Vogstrom stated it is his belief the one window that will have its view obscured is in a master closet.
Page 11 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Larry Getlin, Ridge Road, stated he has lived on the lake for many years and that part of living on the lake
is to help ensure they keep the pristine property around it. Getlin stated what he does not like are people
speaking on behalf of other people, and that what Eric Vogstrom said about the Habermans is not correct.
Getlin stated if the Council wants factual information, they should ask the people themselves.
Getlin commented the problem he sees as a resident is that this process will continue to be repeated and
that the Council should not operate by seeing how many variances they give. Getlin stated he is not
convinced that there was a plan before the applicant cut the trees down. Getlin stated he was also in
attendance when the Council decided on County Road 19 that they were not going to grant a bunch of
variances. Getlin stated he does not understand how they can operate a system that says someone can
build by variance rather than rule.
Getlin stated he would like the Council to pay attention to the fact that there is an appropriate way to do
things and that they can adjust their plans if they are seeking more than one or two variances. Getlin
stated when a plan is built on variances, that is not good planning, and that he would ask the Council not
to make this a variance project when it does not need to be.
Greg Hueler stated there were a lot of misrepresentations and falsehoods made by Eric Vogstrom. Hueler
asked whether the Dunkleys or Paul or Eric Vogstrom were not informed of the difficulties they would
have if they combined the lots
Curtis indicated she talked about that with the owner at one point and the developer at multiple points.
Kelly Hueler stated she agrees with Larry and that people should be able to speak for themselves. Hueler
stated they have attempted to cooperate with the neighbors and that they absolutely wanted to find a
resolution. Hueler stated what is being built is an intergenerational family compound and will be a major
change in the area. Hueler stated when they purchased their property, they knew they had an easement
that gave them access to their property and that they tried to find a solution. Hueler indicated they would
like a buffer from what is going to change and that they tried repeatedly to get something in writing but it
has been a moving target because the scope of the project has changed.
Hueler stated when they came home last year after Labor Day weekend, they came home to an entirely
cleared lakeshore and not just buckthorn as was represented at the Planning Commission meeting. Hueler
stated there were a number of old hard growth trees that were pulled up over the Labor Day weekend
when the City was closed and no one could shut the work done. In addition, the lakeshore was also
graded. Hueler stated after that happened, that was when they said enough. Hueler noted she did not
want to talk about that tonight but it has been represented in a way that is not accurate. Hueler
commented they want to be neighbors to everybody else that lives on the beautiful lake that they share.
Steve Bakke, 2765 Pheasant Lake Road, stated he has to take exception to the comments made by Eric
Vogstrom. Bakker stated for him to disparage the Habermans and make claims about their wherewithal
or interest in maintaining what he characterized as a dump on a swamp is patently false. Bakke stated that
area was maintained by the Habermans and the Plumes before them. Bakke stated that area looks like a
dump now because it is full of concrete and trees from the work the Dunkleys did. In addition, the trucks
Page 12 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
going up and down Pence have beat up the road so much that it is practically unusable. Bakke stated the
Habermans were friends of his and it angers him considerably to have someone disparage them who has
not looked at that area that was characterized as a swamp and a dump for the last 40 years.
Seals commented she can appreciate what he is saying and that it is duly noted about speaking for other
people's motivations.
Eric Vogstrom stated he apologizes.
Seals stated if the Dunkleys or Habermans had something to say, they would be here.
Crosby noted he is familiar with the area because he lives across the street and that he also knew the
Habermans. Crosby commented the Habermans did have a tough time taking care of it because a lot of
trees would fall in the water and so forth. Crosby stated he has lived there since 2005 and that it is not a
clean area and is full of mosquitos. Crosby stated to say anything else is a complete falsehood. Crosby
stated that is not intended to pull away from the Habermans because they did as much as they could to
take care of the area. Crosby indicated he did not look at what Eric Vogstrom was saying as a knock
against the Habermans.
Seals stated the Habermans are not here to defend themselves.
Eric Vogstrom indicated he also is friends with the Habermans and that they are wonderful people and
dear friends with the Dunkleys. Vogstrom stated Sue Dunkley wanted him to inform the Council that the
reason the Habermans sold their property was due to the upkeep and that he apologizes if anyone thought
he was trying to say anything bad about them.
Getlin commented he also is friends with the Habermans and that they need to ask them what their
motivation was for selling.
Walsh noted that is not relevant to what the City Council needs to discuss tonight and that perhaps
everyone can leave the Habermans out of it.
Mark Howery, Landscape Architect, commented they were kind of misrepresented this evening by
someone saying the whole shoreline was cleared over Labor Day weekend. Howery stated what wound
up happening was one diseased basswood and one diseased ash was removed in addition to some
buckthorn. The contractor who did the work went into the 75 -foot zone and cleared a path. Howery
indicated he then proceeded to work with Staff on regrading the area, which was seeded and revegetated.
Howery noted it was a 50 -foot wide path and that the other trees that were taken down were outside the
0-75 foot zone.
Kelly Hueler stated she was talking about the new addition.
Howery stated that is the area he was talking about and that the contractor did not obtain a permit first but
that he worked with Staff immediately to get it rectified.
Page 13 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Howery commented he wants to make the lot look beautiful and that he wants to work with the City and
the Watershed District to restore the wetland, which will be paid for by the Dunkleys. Howery noted
currently there is rainwater runoff from three different houses that spills right into the wetland, which
does not help the wetland. Over time, years of junk, debris, and leaves have built up, and two weeks ago
he fished out eight bags of trash that just happened to show up. Howery stated they also want to have
more water holding capacity so if there is an issue with the weather, it will not overflow Walters Port and
flood the homes on the other side. Howery indicated they are trying to be good stewards of the land.
Howery noted they would like to move the road slightly so a nice line of trees can be planted. Howery
indicated he is working on a plan that literally has about 100 different trees, both evergreens and
deciduous. Howery stated they are all good plants for the native birds and will help enhance the wetland.
Howery stated the Dunkleys are very forward thinking in making this area beautiful and by restoring and
saving the wetland.
Walsh stated he would like to refocus the conversation back to what the City Council needs to consider
regarding how to make sure it is a conforming lot, the width of the road and whether there should be a
cul-de-sac, and then the sightline or not the sightlines. Walsh stated whether they are making the water
beautiful or cutting down trees is not what the City Council is talking about tonight.
Sheila Vakean, Pence Lane, stated Pence Lane was a beautiful arching road with all kinds of trees and
privacy but that the trees have been cut down. Vakean noted the woods are not that close to the shoreline
so it probably was not necessary to have a variance but that in her view between 50 to 75 trees were cut
down. Vakean stated the trees were not all diseased because they were stacked in piles that were hauled
away.
Vakean commented at times they are not getting the whole truth in what they are hearing. Vakean stated
there have been times on the weekends when they do work that probably has not been approved and that
she has not seen a single truck on Walters Port. Vakean stated she is sure that is the way it will be in the
future as well. Vakean stated while it will probably look beautiful when it is finished, she has questions
about the way it seems to be skirting every rule possible and that it looks like deals are being made behind
people's backs, which they do not want to have happening in Orono.
Andrew McDermott, 2702 Walters Port Lane, stated he read the report from the Planning Commission
and there seems to be a push for a 24 -foot wide road. McDermott requested the City Council reconsider
that. Currently the road is 15 feet wide, which has been that way since 1960s, and the road has functioned
just fine, even when there used to be seven homes on Walters Port. Currently there are only five.
McDermott stated he understands they will need to widen Pence at some point and that eventually the
subdivision will be figured out. McDermott noted the two lots consist of four acres and that the second
lot is zoned one acre. McDermott noted the Dunkleys could have proposed four homes for that area since
it is zoned one acre. McDermott requested the City Council keep the road as narrow as possible.
Walsh stated the width of the road has been one of the issues, and according to City Code, if the road is to
be conforming, it needs to be 24 feet wide with a cul-de-sac at the end.
Page 14 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Curtis noted it could also be connected as a through street with Walters Port. Curtis indicated she has
discussed with the applicant and the city engineer the different configurations and that there could be
flexibility in the width as long as they can accommodate an adequate turnaround for emergency and
delivery vehicles. Staff acknowledges that a cul-de-sac is not the solution but what the applicants have
been presenting is not the solution either.
Walsh stated they need to make sure it is a conforming lot and that it sounds like the loop is a better
scenario with some flexibility on the width. Walsh stated they will need to figure out the sightlines.
Crosby stated in his view the road does not need to be 24 feet wide.
Walsh noted the wider road would also impact the wetlands. Walsh stated as it relates to the sightline,
Pence Lane starts dipping to the right, which causes those homes to lose their sightline. Walsh stated the
question is how much of that is a practical difficulty.
Crosby stated due to the curve, the City should give some flexibility. Crosby stated in his view a side
view is not a protected sightline because on almost every lakeshore lot, you can look out a side window
and there is a house there. Crosby stated if the proposed house was protruding significantly in front of
the Hueler house, he would be concerned.
Printup stated in the past the Council has said it is okay if the pool is ahead in some areas.
Curtis stated a pool at grade level can encroach in the average lakeshore setback.
Crosby noted the new house is further back than the old house.
Seals stated the old house is irrelevant and that the applicants created the issue even though the City
warned them. Seals stated they would be basically opening Pandora's Box.
Crosby commented there has to be a compromise.
Dankey stated with four and a half acres, they should be able to subdivide something, and that a number
of other homes in the area are on half an acre.
Seals stated they combined the two lots, which created the issue.
Dankey commented it seems punitive to people on large lots and that there is plenty of room for a lot.
Curtis stated they could possibly have a building envelope behind the average lakeshore setback.
Seals stated that is where the house needs to go.
Dankey noted there would be no view of the lake, which would be a practical difficulty.
Page 15 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Crosby stated what is setting the sightline is the curve of the land and that the wise thing to do would be
to view both properties to see what is going to be blocked. Crosby stated the sightline is so far back is
due to the curvature of the land.
Seals stated if you create new lot lines, which then creates problems with the other lot down the road, that
doesn't mean you should give them a bunch of variances.
Dankey stated in her view the applicants have been adjusting the plans to try to make it work.
Crosby stated you can choose to forget the old house but the fact is that it was there. Crosby stated when
someone purchases a property, they assume the house on the adjoining lot will be there. Crosby stated
they purchased the property knowing the house was there.
Seals commented someone can say the same for the applicants combining the lot.
Printup noted they are looking at a clean slate.
Crosby stated there has to be some give in the sightline due to the curvature of the land.
Seals stated a give is not half a house.
Walsh stated maybe the Council needs to go out there.
Printup stated in his view the builder is creative enough that he can come up with different options.
Seals stated the plan before the Council is not the final plan.
Walsh stated in his view the loop is best for the road and that they will need to figure out emergency
vehicle access.
Printup commented the rules require a wide road, which nobody wants to see.
Walsh stated the City can give some flexibility on the road but that the lot will need to be a conforming
lot. Walsh indicated they can also give some flexibility on the sightlines, but that there should be no other
variances.
Crosby asked if he wants to see the house pulled back further.
Dankey commented it is not practical to move the house back given the curve.
Walsh suggested the City Council visit the two properties and look at the sightlines from different
distances on the properties.
Page 16 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
14. LA18-55 PAUL VOGSTROM OB/O WILLIAM AND SUE DUNKLEY, 2709 WALTERS
PORT LANE, SKETCH PLAN — Continued
Eric Vogstrom stated the most important thing is to know where the sightline is. Vogstrom asked
whether it is a practical difficulty that the lot curves.
Walsh stated in his view there is some practical difficulty if the land curves but that they will need to
physically see what is out there.
Curtis asked if the City Council would like to see another sketch plan rather than a preliminary plat.
Walsh stated it should be another sketch plan rather than spending money on a preliminary plat at this
stage.
(Recess taken from 8:31 p.m. to 8:38 p.m.)
15. YOUR BOAT CLUB —1444 SHORELINE DRIVE CONDITIONAL USE PERMIT —
VARIANCE REVIEW
Barnhart noted at the last meeting in May the Council directed Staff to review the conditions that are still
in effect or imposed on the Your Boat Club and report back those findings. The City Attorney has
reviewed the four resolutions. The resolutions approved a variance to the site plan, a variance in 1989, a
conditional use permit in 2011, and a site plan in 2014. The resolutions also outlined a number of
conditions and a parking agreement.
On June 20, Staff inspected the property based on those items. Those findings have been summarized for
the City Council. At this point Staff is looking for direction from the City Council. Staff's
recommendation is to send a letter to the property owner regarding a couple of areas that need attention.
Barnhart stated in general the site is consistent with the 1989 plan. Notable deviations include the
following:
- Of the 27 trees shown on the 1989 plan, eight were not observed.
- The 5 -foot buffer between the owners' residential and commercial properties was not observed
east of the houses. There is no low evergreen screen present as noted by the landscaping plan.
- Four parking stalls are being used for boat display. Based on Resolution 6037, 81 stalls were
observed, four for residential, and four are used for display. 73 stalls are provided, 70 were
required.
- Rock collection area four needs to be cleaned out.
- There was no bituminous curbing observed at the driveways.
Staff will send a letter to the property owner calling attention to the following:
- The removal of the boats from the street side display area.
- Planting of low evergreens in this area
- Repair of the fence between the commercial and residential area
- Addition of evergreen buffer between the commercial and residential area
- Clean rock collection area number four.
Page 17 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
15. YOUR BOAT CLUB —1444 SHORELINE DRIVE CONDITIONAL USE PERMIT —
VARIANCE REVIEW — Continued
Barnhart noted there is no requirement in Orono's City Code to preserve a site plan and the loss of eight
trees in 29 years is not unprecedented. Likewise, it seems impractical to require the replacement of the
shed at 1440 Shoreline.
Staff has received some comments from a neighbor. Barnhart indicated he would be comfortable with
sending a letter and letting the property owner address the issues identified.
Printup asked if the property owners are okay with Items A — E.
Barnhart stated they have addressed some issues that were identified during the inspection.
Luke Kujawa, Your Boat Club, stated the only one he would ask for consideration of is if the low
evergreen between the parking lot need to be replaced. Kujawa stated they are not really going to provide
screening because they are low. Kujawa noted they have worked with the county to add the crosswalk so
people are not walking along the edge of the road and that adding those evergreens will hurt the
pedestrian flow since they would have to go around the evergreens. Kujawa stated the entire time they
have been there and owned the property the evergreens were never there.
Kujawa stated other than that, the items are pretty minor.
Crosby asked if they are okay with moving the boat.
Luke Kujawa noted some of the issues have nothing to do with Your Boat Club.
John Woodin, River Valley, stated they are constantly improving their side of the roadway and that the
Your Boat Club side has had some pretty extensive landscape improvements over the past 24 months. In
addition, they have completed renovation of the commercial building and the residential home at 1440.
Woodin indicated they did move the boat out front and moved it forward. Staff referenced some
evergreens that used to be there. Woodin stated they elected to put hostas in that area that can handle the
salt off the roadway and look nicer than the evergreens. Woodin stated they took the evergreens out four
or five years ago.
Woodin indicated they are also planning to do more to address the fence but that he is not sure if they will
reinstall it or put some landscaping in. Woodin stated they are all minor fixes. Woodin stated for the
record he and his partners have made some significant improvements and the property looks a lot better
than when they purchased it. Woodin commented they want to be good stewards.
Matt Johnson, 1432 Shoreline, stated it is true that they have improved the buildings and that it is nice to
see them not as disheveled. Johnson stated as it relates to the screenage between the residential and
commercial, if they go back to the spirit of the resolution, they made a compromise with the City. One
was to reduce the overall hardcover on the site. The screenage was there to prevent the commercial
property and residential property from U -turning one to the other. Johnson noted there are two
crosswalks, one on each side, and that they could also leave a 4 -foot side path between the hedge to
accommodate pedestrians.
Page 18 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
15. YOUR BOAT CLUB —1444 SHORELINE DRIVE CONDITIONAL USE PERMIT —
VARIANCE REVIEW — Continued
Johnson stated in the triangular section, there was some wood posts with rope going across that entire
triangle. The site plan includes language about what can be done in that area. Johnson noted he cannot
read it on his copy but that it is something to the effect about temporary storage only.
Barnhart stated as per agreement with City, this area is to be used for temp storage, rough surface.
Johnson stated that area has been cleaned out so it can be used as a parking spot. The agreement with the
City is that it would be used for temporary storage. Johnson noted both of the residential properties have
lakeside decks on them, which is not part of the plan, and that maybe a permit along the way was
approved allowing them. Johnson noted the deck on the northern most property goes within inches of his
property line and would certainly be within the 75 -foot setback.
Walsh stated a variance would have been required for those decks.
Barnhart stated if variances were issued for those, they were issued to a separate property and not 1444
Shoreline Drive.
Walsh commented everything looks spot on with what was done with the exception of the triangle area
and the decks on the houses. Walsh suggested they put a walkway through the edges so people can walk
through.
Barnhart stated it appears in 2011, when Your Boat Club came in with confirmation of parking, that that
triangle spot was included in their calculations.
Johnson stated it was listed at that time as potential. Johnson stated what was happening at the time of the
conditional use permit was the issue of whether the boat club required additional parking just because
they are a boat club. The Council decided there was not going to be an additional requirement for
parking, so the parking then became moot. Johnson stated it clearly says that area was potential parking
and not approved parking in the triangle area.
Walsh asked when something goes from potential to actual. Walsh commented he can see it both ways.
Mattick stated it is poor wording and that to his understanding that was a spillover parking area. Mattick
indicated he will take a look at that.
Walsh stated he can see how it can be used if it is needed since it is listed as potential.
Luke Kujawa stated when they were going through all this, it was a very long process, and that Mike
Gaffron had indicated that the wedge area had been used for parking in the summertime and boat storage
in the wintertime for as long as he can possibly remember and that they did not need to address it because
there was adequate parking in the other lots. Kujawa stated that area has always been there and that they
have used it in an effort to keep parking off the road.
Page 19 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
15. YOUR BOAT CLUB —1444 SHORELINE DRIVE CONDITIONAL USE PERMIT —
VARIANCE REVIEW — Continued
Walsh stated he understands that, but that the City has to dot the I's and dot the is and find out if it is real
or not real. Walsh stated just because they have been doing it all the time does not mean the City will let
them continue to do it. Walsh noted the decks on the houses will need variances.
Barnhart stated he will check into that.
Walsh stated the 4 -foot walkway through the hedge is reasonable and that there should be a clear
demarcation between the commercial and residential, which will prevent cars from driving from one to
the other.
Printup asked how close the crosswalk is to the hedge area.
Kujawa stated there are two crosswalks. Kujawa illustrated on the overhead where the crosswalks are.
Kujawa stated he can add some shrubs, but that people with boats will pull trailers, and that one of the
toughest things on the site is if they have a boat that parks there, stopping people from making a U-turn
there is not safe at all. Kujawa stated if they pull into the lot and they couldn't use that area, they would
have to back out onto the road, which would not be safe at all.
Barnhart stated generally the City tries to keep maneuvering off of major roads and that perhaps a wider
gap for vehicles to maneuver in there would be better.
Walsh stated it might need to be an onsite decision.
Dankey commented they want to make sure it is safe for people crossing the road.
Crosby stated he makes a valid point with the turnaround.
Walsh stated he would leave that to Staff's discretion. Walsh requested the applicant follow up on the
triangle and the decks.
16. PURCHASE OF FIRE TRUCK
Walsh stated he would like to have a motion for Orono to pay their share of the fire truck. Walsh stated
in his view Long Lake understands their concerns and that perhaps the City Administrator and City
Attorney can get together with their city administrator and attorney so everyone understands how the
capital expenditures are supposed to be.
Walsh moved, Crosby seconded, to authorize expenditure of funds for Orono's portion of the new
fire truck. VOTE: Ayes 5, Nays 0.
Page 20 of 21
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday, June 25, 2018
7:00 o'clock p.m.
MAYOR/COUNCIL REPORT
Seals commented they drained their pool this weekend and it unfortunately flooded the Luce Line.
Printup had nothing to report.
Crosby stated he was finally able to get out on Lake Minnetonka.
Dankey wished everyone a happy and safe 41h of July.
Walsh stated he hoped everyone had a great Father's Day as well.
CITY ADMINISTRATOR'S REPORT
Rief stated since the last Council meeting, he has been focused on getting to the point where the City is
today with the fire truck. Rief thanked Mayor Walsh for his guidance.
CITY ATTORNEY'S REPORT
City Attorney Mattick had nothing to report.
F10111"41-30051BlaI
Crosby moved, Printup seconded, to adjourn the Orono City Council meeting at 9:08 p.m. VOTE:
Ayes 5, Nays 0.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Page 21 of 21
Orono City Council
Work Session
Monday, June 25, 2018
Council Chambers 5:00 p.m.
PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, Wendy Dankey,
Aaron Printup and Victoria Seals. Representing staff were City Administrator Dustin Rief,
Police Chief Coffey Farniok, Finance Director Ron Olson, Director of Public Works/City
Engineer Adam Edwards, Community Development Director Jeremy Barnhart and City
Clerk Anna Carlson.
GUESTS: Matt Johnson
Meeting Start Time: 5:05 p.m.
1. Police Department Response Update
Police Chief Correy Farniok presented an update on the Police Department's process for
responding to civil matters. Farniok also clarified to the City Council that the Police
Department responds to all calls regardless of any civil matters.
There was discussion regarding noise complaints, parking, emergencies versus non -
emergencies and the process for responding to various types of calls.
Farniok mentioned that it is the same dispatcher receives both emergency and non-
emergency calls and also mentioned that all incidents are reported and logged daily.
Mayor Dennis Walsh asked if anyone had any additional questions.
Resident Matt Johnson mentioned that he noticed that the Police Department was taking a
more active role in regards to parking violations on Shoreline Drive near the 1400 block.
Johnson also spoke about his concerns in regards to the crosswalk located in that area and
that he has observed that when you hit the button to control the crosswalk light, the light
goes on instantaneously.
Farniok mentioned that based on his research, there has been approximately 6-7 accidents
near that area in the last year. Farniok noted that distracted drivers take the majority of
the cause for incidents in that area.
2. Curb and Gutter Discussion
Director of Public Works/City Engineer Adam Edwards mentioned that there has been
some recent requests concerning curb and gutter. Edwards noted that he is looking to
find out where the City Council stands on the subject.
Walsh mentioned that if a little curb and gutters solves the issue then we should do that
and that it also finishes the area off aesthetically.
Edwards mentioned curb and gutter has been completed in some areas to solve issues and
Orono City Council
Work Session
Monday, June 25, 2018
Council Chambers 5:00 p.m.
2. Curb and Gutter Discussion — Continued
that the decision to complete it has been based on the necessities of the area where the
issues had arose.
Council Member Wendy Dankey asked why it was beneficial and what the purpose of
having curb and gutter was.
Edwards presented a diagram of Typical Road Sections to the City Council and described
the two options offered. Edwards also noted that it also has an aesthetic appeal.
Dankey asked if it cost more for curb and gutter.
Edwards replied that it does cost more and noted that it comes out of the Stormwater
fund.
Walsh explained some of the benefits of curb and gutter in regards to controlling the
draining of stormwater.
Edwards referred to Forest Arm Lane and the meeting he had with that neighborhood to
address curb and gutter and stormwater draining.
Walsh mentioned that if we just do part of the area it would have done it right the first
time and not necessarily the entire road.
Edwards pointed out that if you only do part of the road it pushes the water to the
neighbor without the curb and gutter and so forth. Edwards noted that the road would be
a prime candidate for curb and gutter installation for the entire road.
There was discussion that followed regarding the allowance of curb and gutter as needed
versus as wanted and the possibility of issues that could arise. The group collectively
agreed that the curb and gutter should remain as currently practiced; it should only be
done for the necessary purpose and if it makes sense for stormwater maintenance or
where an engineer finds it reasonable, not for aesthetics only.
3. Budget Discussion
Finance Director Ron Olson presented a high level presentation timeline of the Budget
for 2019 to the City Council.
Walsh requested a year to year comparison for the current budget. Walsh noted that he
would like to begin preparing now for the next batch of roads that are up for repairs and
that he would like to know what we will have available for those repairs.
City Administrator Dustin Rief mentioned that potentially we may see that permits could
gain a larger amount of revenues for tentative future projects, but noted that the permit
revenues will be a one-time gain.
Olson mentioned that there is a desire to add a code enforcement staff member. The cost
would be split between the Police Department and Community Development
Orono City Council
Work Session
Monday, June 25, 2018
Council Chambers 5:00 p.m.
3. Budget Discussion — Continued
Department.
Printup questioned the additional position for code enforcement.
Crosby asked what exactly would this person do.
Barnhart mentioned that they would assist and respond to complaints, send letters, follow
up and process the inspection of violations. Barnhart is concerned about meeting the
needs of the community in terms of code enforcement efficiency.
Rief mentioned that Barnhart and other departments are in need of the extra help with
certain tasks such as code enforcement.
Barnhart will provide more information in the future in regards to the code enforcement
position.
4. Contract Update Discussion
This item was not discussed at the Work Session
Meeting End 6:20 p.m.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
AGENDA ITEM
Item No.: 3
Item Description: Claims/Bills
Date: July 9, 2018
Presenter: Maggie Ung, Agenda Consent Agenda
Accountant 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
109832 to 109905, totaling $754,851.67.
3. Noteworthy Payments.
Vendor
Amount
Description of Payment
#109840 Aspen Equipment
$68,426.00
Payment for the purchase of Road Salt Brine Maker
System for Public Works.
#109842 Boyer Trucks
$97,193.30
Payment for the replacement of Unit #427 in Public
Works.
#109834 City of Long Lake
370,833.09
Payment for City of Long Lake's fire truck.
#109853 City of Long Lake
$97,341.25
Payment for 3rd quarter fire service contract.
4. Staff Recommendation. Staff recommends approval of a motion authorizing payment to the claims
list as presented.
COUNCIL ACTION REQUESTED
Motion to approve the claims list as presented.
Exhibits
A. Check Register
Prepared By: AM Reviewed By: AMC Approved By: AMC
City of Orono Check Register - COUNCIL REPORT Page: 1
Check Issue Dates: 6/26/2018 - 7/9/2018 Jul 03, 2018 01:47PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
A La Carte Creative Group
07/09/2018
109837
39929
101-42110-352
business cards, Sonnek
Police Department
75.00
Total 109837:
75.00
ADVANCED IMAGING SOLUTIO
07/09/2018
109838
360731731
101-41900-413
CH Copier Lease 6/20/18-7/20/18
Central Services
1,573.55
Total 109838:
1,573.55
ALLSTREAM
07/09/2018
109839
15412958
101-42110-321
Phone service
Police Department
356.64
ALLSTREAM
07/09/2018
109839
15412958
101-41900-321
Phone Service
Central Services
499.30
ALLSTREAM
07/09/2018
109839
15412958
601-49400-321
Phone Service
Water
83.22
ALLSTREAM
07/09/2018
109839
15412958
602-49450-321
Phone Service
Sewer
249.64
Total 109839:
1,188.80
ASPEN EQUIPMENT
07/09/2018
109840
10191594
405-48500-550
Road Salt Brine Maker System
68,426.00
Total 109840:
68,426.00
BCA MNJIS
06/26/2018
109832
062618
101-42110-319
Orono Liquire License Applicant Fingerprint
Police Department
34.75
Total 109832:
34.75
BIFFS INC
07/09/2018
109841
W681933
101-45200-415
Bederwood Park
Parks
160.00
BIFFS INC
07/09/2018
109841
W681934
101-45200-415
Summit Beach
Parks
160.00
BIFFS INC
07/09/2018
109841
W681935
101-45200-415
Hackberry Park
Parks
125.00
BIFFS INC
07/09/2018
109841
W681936
101-45210-415
Orono Golf Course
Golf Course
62.78
BIFFS INC
07/09/2018
109841
W681937
101-45200-415
Crystal Bay Playground
Parks
62.50
BIFFS INC
07/09/2018
109841
W681938
101-45200-415
Navarre Playground
Parks
160.00
BIFFS INC
07/09/2018
109841
W681939
101-45200-415
French Creek Preserve
Parks
62.50
BIFFS INC
07/09/2018
109841
W681940
101-45200-415
Lurton Park
Parks
62.50
Total 109841:
855.28
BOYER TRUCKS
07/09/2018
109842
WS19711
405-48500-550
Unit #427 2018 Replacement
97,193.30
Total 109842:
97,193.30
BUDGET PRINTING
07/09/2018
109843
7483
601-49400-322
UPS Water
Water
20.27
City of Orono Check Register - COUNCIL REPORT Page: 2
Check Issue Dates: 6/26/2018 - 7/9/2018 Jul 03, 2018 01:47PM
Payee
Check
Issue Date
Check
Number
Invoice
Number
Invoice GL Account
Description
Department
Invoice
Amount
Total 109843:
20.27
CAMPBELL KNUTSON
07/09/2018
109844
2717-115G-8
101-41600-308
Code Enforcement 09/17
Law/Legal Services
31.00
CAMPBELL KNUTSON
07/09/2018
109844
2717-514G-1
101-43280-307
17-3963 4035 Dahl Road
Special Services
150.00
Total 109844:
181.00
CAPITOL BEVERAGE SALES L.P
07/09/2018
109845
2124674
101-45210-091
beer for resale
Golf Course
315.00
Total 109845:
315.00
CARDMEMBER SERVICE
07/09/2018
109846
052518
101-45200-415
Pontoon Rental - Big Island
Parks
135.45
CARDMEMBER SERVICE
07/09/2018
109846
060618
101-45200-415
Pontoon Rental - Big Island
Parks
137.63
CARDMEMBER SERVICE
07/09/2018
109846
062018
101-42110-439
Working lunch for interview staff, 2 panels to hire ofri
Police Department
68.75
CARDMEMBER SERVICE
07/09/2018
109846
062718
101-45200-225
Navarre Park - Replace Memorial Plaque
Parks
171.06
CARDMEMBER SERVICE
07/09/2018
109846
062718-1
101-45200-415
Pontoon Rental - Big Island
Parks
267.74
CARDMEMBER SERVICE
07/09/2018
109846
070218
101-41300-439
Lunch Meeting with Mayor Walsh, Council Member
Administration
65.54
CARDMEMBER SERVICE
07/09/2018
109846
070218-1
101-43000-403
Hydraulic Hose for Loader
Public Works Department
26.92
Total 109846:
873.09
CARGILL GLOBAL SECURITY 39
07/09/2018
109847
2904177837
601-49400-216
salt
Water
4,496.01
Total 109847:
4,496.01
CENTERPOINT ENERGY MAIN
07/09/2018
109848
062118
602-49450-381
LS #2 Generator 5/17-6/19/18
Sewer
39.22
CENTERPOINT ENERGY MAIN
07/09/2018
109848
62718
601-49400-381
Gas 5/18-6/20/18
Water
335.85
CENTERPOINT ENERGY MAIN
07/09/2018
109848
62718
602-49450-381
Gas 5/18-6/20/18
Sewer
271.93
CENTERPOINT ENERGY MAIN
07/09/2018
109848
62718
101-41900-381
Gas 5/18-6/20/18
Central Services
87.10
CENTERPOINT ENERGY MAIN
07/09/2018
109848
62718
101-42110-381
Gas 5/18-6/20/18
Police Department
35.99
CENTERPOINT ENERGY MAIN
07/09/2018
109848
62718
101-45210-381
Gas 5/18-6/20/18
Golf Course
18.15
Total 109848: 788.24
CENTURY LINK 07/09/2018 109849 061918 101-45210-321 GC phone/internet 6/19-7/18/18 Golf Course 202.02
Total 109849: 202.02
CHUNKS LAKESHORE AUTO 07/09/2018 109850 0015694 101-42110-402 #240 service Police Department 146.61
City of Orono Check Register - COUNCIL REPORT Page: 3
Check Issue Dates: 6/26/2018 - 7/9/2018 Jul 03, 2018 01:47PM
Total 109851
Description Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
CITY OF BLOOMINGTON
Check
Check
Invoice
Invoice GL Account
Bacterial Water Testing
Payee
Issue Date
Number
Number
603-49500-416
Software Support - 7/1-12/31/18
CHUNKS LAKESHORE AUTO
07/09/2018
109850
0015755
101-42110-402
#250 service
CHUNKS LAKESHORE AUTO
07/09/2018
109850
0015759
101-42110-402
#232 service
CHUNKS LAKESHORE AUTO
07/09/2018
109850
0015761
101-42110-402
#249 Service
CHUNKS LAKESHORE AUTO
07/09/2018
109850
0015763
101-42110-402
#235 service
CHUNKS LAKESHORE AUTO
07/09/2018
109850
0015770
101-42110-402
#243 service
CHUNKS LAKESHORE AUTO
07/09/2018
109850
0015774
101-42110-402
#248 Service
Total 109850:
CINTAS CORPORATION
07/09/2018
109851
4006810754
101-43000-226
Uniforms
CINTAS CORPORATION
07/09/2018
109851
4007015456
101-43000-226
Uniforms
CINTAS CORPORATION
07/09/2018
109851
4007196173
101-43000-226
Uniforms
Total 109851
Description Department
Police Department
Police Department
Police Department
Police Department
Police Department
Police Department
CITY OF BLOOMINGTON
07/09/2018
109852
1800145
601-49400-489
Bacterial Water Testing
Total 109852:
07/09/2018
109854
CVC16882
603-49500-416
Software Support - 7/1-12/31/18
CITY OF LONG LAKE
06/26/2018
109833
00201414
602-49450-387
4th Qtr 2017 Water/Sewer
CITY OF LONG LAKE
06/26/2018
109833
00201414
601-49400-387
4th Qtr 2017 Water/Sewer
Total 109833:
07/09/2018
109854
CVC16882
651-49910-416
Software Support - 7/1-12/31/18
CITY OF LONG LAKE
06/26/2018
109834
00201415
405-48500-550
Pumper Chasis
Total 109834:
CITY OF LONG LAKE
07/09/2018
109853
00201432
101-42260-318
3rd Qtr 2018 Fire Service
Total 109853:
CIVIC SYSTEMS LLC
07/09/2018
109854
CVC16882
101-41900-416
Software Support - 7/1-12/31/18
CIVIC SYSTEMS LLC
07/09/2018
109854
CVC16882
603-49500-416
Software Support - 7/1-12/31/18
CIVIC SYSTEMS LLC
07/09/2018
109854
CVC16882
601-49400-416
Software Support - 7/1-12/31/18
CIVIC SYSTEMS LLC
07/09/2018
109854
CVC16882
602-49450-416
Software Support - 7/1-12/31/18
CIVIC SYSTEMS LLC
07/09/2018
109854
CVC16882
651-49910-416
Software Support - 7/1-12/31/18
Total 109854
Public Works Department
Public Works Department
Public Works Department
Water
Sewer
Water
Fire Protection Services
Central Services
Water
Sewer
Storm Water
Invoice
Amount
18.02
18.02
78.17
47.09
18.02
369.63
63.96
78.36
63.96
206.28
31.50
31.50
1,761.60
2,724.26
370,833.09
370,833.09
97,341.25
97,341.25
969.40
969.40
1,211.75
484.70
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 6/26/2018 - 7/9/2018
Check
Check
Invoice
Invoice GL Account Description
Payee
Issue Date
Number
Number
CLIFTON LARSON ALLEN LLP
07/09/2018
109855
1856476
601-49400-301
2017 Audit Services
CLIFTON LARSON ALLEN LLP
07/09/2018
109855
1856476
602-49450-301
2017 Audit Services
CLIFTON LARSON ALLEN LLP
07/09/2018
109855
1856476
614-49840-301
2017 Audit Services
CLIFTON LARSON ALLEN LLP
07/09/2018
109855
1856476
651-49910-301
2017 Audit Services
Total 109855:
CUMMINS ALLISON
07/09/2018
109856
5521447
101-42110-221
plastic bags
Total 109856:
DAVE KLITZKE
07/09/2018
109857
062718
101-41500-331
mileage reimb
Total 109857:
Duininck Inc. MN
07/09/2018
109858
110663
651-16500
GC Drainage Project - Hole 1
Total 109858:
EARL FANDERSON &ASSOC
07/09/2018
109859
0117654 -IN
101-45200-404
Brush Site Sign
Total 109859:
GENUINE PARTS COMPANY/NA
07/09/2018
109860
3270-406531
701-49800-222
Clamps for Waterfill on Vactor Truck
Total 109860:
GRANICUS INC.
07/09/2018
109861
100070
614-49840-329
web service 3/1/18-5/4/18
GRANICUS INC.
07/09/2018
109861
100071
614-49840-329
web service 5/5/18-8/4/18
GRANICUS INC.
07/09/2018
109861
92694
614-49840-329
web service 12/01/17-02/28/18
Total 109861:
GREAT LAKES COCA-COLA
07/09/2018
109862
3595207602
101-45210-092
beverages for concessions
Total 109862:
Henn county Community Correcti
07/09/2018
109863
1000112192
101-41600-309
Jail Charges
Department
Water
Sewer
Cable Franchise
Storm Water
Police Department
Finance Department
Parks
Cable Franchise
Cable Franchise
Cable Franchise
Golf Course
Law/Legal Services
Page: 4
Jul 03, 2018 01:47PM
Invoice
Amount
4,000.00
5,000.00
13,000.00
76.83
76.83
8.72
8.72
13,900.00
13,900.00
345.60
22.00
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 6/26/2018 - 7/9/2018
Department
Sewer
Golf Course
Parks
Public Works Department
Water
Sewer
Central Services
Police Department
Police Department
Page: 5
Jul 03, 2018 01:47PM
Invoice
Amount
22.00
512.00
282.50
794.50
208.60
208.60
2,500.00
2,500.00
632.50
632.50
200.00-
200.00-
200.00-
600.00-
874.12
874.12
376.50
557.17
3,803.83
706.58
858.99
1,022.25
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
Total 109863:
Hennepin County Property Tax
07/09/2018
109864
0618-38
602-49450-489
Special Assessments
Hennepin County Property Tax
07/09/2018
109864
0618-38
239-25694-489
Special Assessments
Total 109864:
JJ TAYLOR DIST LF MN
07/09/2018
109865
2806043
101-45210-091
beer for resale -GC
Total 109865:
Joseph Sanguinetti & Amy Abouel
07/09/2018
109866
070318
101-22205
Escrow Refund 2017-00747 & 2018-00748
Total 109866:
LAKESCAPE LLC
07/09/2018
109867
356
101-45200-404
Beach weed removal
Total 109867:
LANO EQUIPMENT
07/03/2018
109783
03-564132
101-43000-221
2018 Virnig Pallet Fork
LANO EQUIPMENT
07/03/2018
109783
03-564132
601-49400-221
2018 Virnig Pallet Fork
LANO EQUIPMENT
07/03/2018
109783
03-564132
602-49450-221
2018 Virnig Pallet Fork
Total 109783:
LUBE TECH ESI
07/09/2018
109868
1180605
701-49800-212
10W-30 Oil & Floor Dry
Total 109868:
MAILFINANCE
07/09/2018
109869
N7146909
101-41900-401
postage meter lease -06/16/18-9/15/18
Total 109869:
MANSFIELD OIL COMPANY
07/09/2018
109870
20804373
701-49800-212
Diesel Fuel
MANSFIELD OIL COMPANY
07/09/2018
109870
20804724
101-42110-212
Unleaded Fuel
MANSFIELD OIL COMPANY
07/09/2018
109870
20804726
701-49800-212
Diesel Fuel
MANSFIELD OIL COMPANY
07/09/2018
109870
20807027
101-42110-212
Unleaded Fuel
MANSFIELD OIL COMPANY
07/09/2018
109870
20807036
701-49800-212
Diesel Fuel
Department
Sewer
Golf Course
Parks
Public Works Department
Water
Sewer
Central Services
Police Department
Police Department
Page: 5
Jul 03, 2018 01:47PM
Invoice
Amount
22.00
512.00
282.50
794.50
208.60
208.60
2,500.00
2,500.00
632.50
632.50
200.00-
200.00-
200.00-
600.00-
874.12
874.12
376.50
557.17
3,803.83
706.58
858.99
1,022.25
City of Orono Check Register - COUNCIL REPORT
Check Issue Dates: 6/26/2018 - 7/9/2018
Page: 6
Jul 03, 2018 01:47PM
Department
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
1,187.00
Building & Zoning
12,428.50
12,428.50
Police Department
415.00
Total 109870:
415.00
Parks
356.65
Public Works Department
19.95
MARGARET UNG
07/09/2018
109871
053118
101-41500-331
Mileage 5/31-6/29/18
Total 109871:
175.67
Golf Course
49.00
MEDIACOM
07/09/2018
109872
062118
614-49840-329
Internet 7/1/18-7/31/18
Total 109872:
METRO WEST INSPECTIONS S
07/09/2018
109873
1555
101-42400-310
Inspection Services May 2018
Total 109873:
MHSRC/Range
07/09/2018
109874
062818
101-42110-437
EVOC Law Enforcement Trg-M. Siltala
Total 109874:
MINNESOTA EQUIPMENT
07/09/2018
109875
E02710
101-45200-223
Fuel Can Parks Mowing
MINNESOTA EQUIPMENT
07/09/2018
109875
P69554
101-43000-226
Chainsaw Work Glove P.P.E.
MINNESOTA EQUIPMENT
07/09/2018
109875
P69569
651-49910-240
Midsize Chainsaw
MINNESOTA EQUIPMENT
07/09/2018
109875
P69569
602-49450-240
Midsize Chainsaw
MINNESOTA EQUIPMENT
07/09/2018
109875
P69569
601-49400-240
Midsize Chainsaw
MINNESOTA EQUIPMENT
07/09/2018
109875
P69569
101-43000-240
Midsize Chainsaw
MINNESOTA EQUIPMENT
07/09/2018
109875
P70270
101-45210-403
Mower Blade Sharpening
Total 109875:
MN DEPT OF HEALTH
06/26/2018
109835
1 ST QTR 20
601-20802
2018-1 st Qtr Water test fee
Total 109835:
MN DEPT OF HEALTH
07/09/2018
109876
2ND QTR 20
601-20802
2018 -2nd Qtr Water Connection fee
Total 109876:
MTI DISTRIBUTING INC
07/09/2018
109877
1171030-00
101-45210-403
Greens Mower Repair
Page: 6
Jul 03, 2018 01:47PM
Department
Invoice
Amount
6,948.82
Finance Department
35.97
35.97
Cable Franchise
1,187.00
1,187.00
Building & Zoning
12,428.50
12,428.50
Police Department
415.00
415.00
Parks
356.65
Public Works Department
19.95
Storm Water
175.66
Sewer
175.66
Water
175.66
Public Works Department
175.67
Golf Course
49.00
1,128.25
1,712.00
1,712.00
1,631.00
1,631.00
Golf Course 1,314.30
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 6/26/2018 - 7/9/2018
Check
Check
Invoice
Invoice GL Account Description
Department
Payee
Issue Date
Number
Number
Total 109877:
NAVARRE HARDWARE
07/09/2018
109878
310873
101-43000-224
Batteries for Warning Lights
Public Works Department
NAVARRE HARDWARE
07/09/2018
109878
311107
602-49450-223
M.H. Sign Bolts
Sewer
Total 109878:
NCPERS MINNESOTA
07/09/2018
109879
6732718
101-21710
Pera life 07/2018
Total 109879:
NEWEGG INC
07/09/2018
109880
1301375627
101-42400-221
Inspections Car iPad Chargers
Building & Zoning
Total 109880:
NORLINGS
07/09/2018
109881
34092
101-41900-404
Spring Clean Up
Central Services
Total 109881:
NOVA COMMUNICATIONS
07/09/2018
109882
124248
101-41900-401
Phone Support
Central Services
Total 109882:
QUALITY FLOW SYSTEMS INC
07/09/2018
109883
35386
602-49450-406
24385 - GS #8 Remodel
Sewer
QUALITY FLOW SYSTEMS INC
07/09/2018
109883
35393
602-16500
23928 - LS #9 Rehab Halliday Access Cover
QUALITY FLOW SYSTEMS INC
07/09/2018
109883
35395
602-16500
23929 - GS#2 Rehab Halliday Access Cover
QUALITY FLOW SYSTEMS INC
07/09/2018
109883
35424
602-49450-406
24385 - GS #8 Remodel - Install of New Starters in
Sewer
Total 109883:
RANDYS ENVIRONMENTAL SER
07/09/2018
109884
JUNE2018
101-41900-404
Garbage Service
Central Services
RANDYS ENVIRONMENTAL SER
07/09/2018
109884
JUNE2018
101-45200-404
Garbage Service
Parks
RANDYS ENVIRONMENTAL SER
07/09/2018
109884
JUNE2018
101-45210-404
Garbage Service
Golf Course
Total 109884:
Reed Wholesale & OCS
07/09/2018
109885
9502
101-45210-094
concessions Resale
Golf Course
Page: 7
Jul 03, 2018 01:47PM
Invoice
Amount
1,314.30
23.98
9.79
33.77
208.00
208.00
25.98
25.98
891.00
45.00
45.00
1,550.00
1,194.00
668.00
nn� ng
807.51
95.00
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 6/26/2018 - 7/9/2018
Page: 8
Jul 03, 2018 01:47PM
Check
Check
Invoice
Invoice GL Account Description
Department
Invoice
Payee
Issue Date
Number
Number
Amount
Total 109885:
95.00
ROB HOWELLS
07/09/2018
109886
062918
614-49840-319
Recording/Streaming Meetings
Cable Franchise
835.00
Total 109886:
835.00
SRIXON SPORTS USA INC
07/09/2018
109887
5415533
101-45210-095
golf balls, gloves
Golf Course
121.13
Total 109887:
121.13
STAR TRIBUNE
07/09/2018
109888
1913693-061
101-41300-208
7/5/18 - 10/4/18 - Subscription acct 1913693
Administration
53.30
Total 109888:
53.30
SUMMIT COMPANIES
07/09/2018
109889
1268065
101-45210-403
Fire Extinguisher Recharge
Golf Course
85.38
SUMMIT COMPANIES
07/09/2018
109889
1272260
101-43000-403
Fire extinguisher inspection PW
Public Works Department
28.00
Total 109889:
113.38
SUN LIFE FINANCIAL
07/09/2018
109890
0718LIFE
101-21710
Life Ins-July/2018
1,018.00
SUN LIFE FINANCIAL
07/09/2018
109890
0718LIFE
101-15998
Life Ins-July/2018
123.50
SUN LIFE FINANCIAL
07/09/2018
109890
0718STD
101-21714
STD-Jul/2018
636.00
Total 109890:
1,777.50
TALLEN AND BAERTSCHI
07/09/2018
109891
061918
101-41600-306
Prosecution Services -06/2018
Law/Legal Services
2,705.50
Total 109891:
2,705.50
THE HARTFORD
07/09/2018
109892
072018
101-21713
LTD 7/2018
1,566.54
Total 109892:
1,566.54
THE HOME DEPOT
07/09/2018
109893
031618
701-49800-222
Shop Supplies - duplicate payment
212.32 -
THE HOME DEPOT
07/09/2018
109893
8053042
101-45200-223
Parks Push Mower
Parks
342.01
THE HOME DEPOT
07/09/2018
109893
8062286
601-49400-223
Supplies
Water
50.91
THE HOME DEPOT
07/09/2018
109893
8062286
602-49450-223
Supplies
Sewer
50.91
THE HOME DEPOT
07/09/2018
109893
8062286
101-43000-224
Supplies
Public Works Department
50.91
THE HOME DEPOT
07/09/2018
109893
8062286
101-45210-223
Supplies
Golf Course
50.91
City of Orono
Check Register - COUNCIL REPORT
Check Issue Dates: 6/26/2018 - 7/9/2018
Check
Check
Invoice
Invoice GL Account Description
Department
Payee
Issue Date
Number
Number
THE HOME DEPOT
07/09/2018
109893
8062286
651-49910-227
Supplies
Storm Water
THE HOME DEPOT
07/09/2018
109893
9052951
101-45210-223
Clubhouse Cleaning Supply
Golf Course
Total 109893:
TWIN CITY SEED COMPANY
07/09/2018
109894
42594
101-45210-223
Fairway 1 Reseed
Golf Course
Total 109894:
VALLEY RICH CO
07/09/2018
109895
25716
601-49400-405
Tractor , Pump & Generator, Yard Excavator
Water
Total 109895:
VANGUARD CLEANING SYSTE
07/09/2018
109896
60127
101-41900-407
Janitorial service
Central Services
VANGUARD CLEANING SYSTE
07/09/2018
109896
60127
101-42110-407
Janitorial service
Police Department
Total 109896:
VARNER MOBILE SERVICES LL
07/09/2018
109897
6513
701-49800-402
Rapairs/Troubleshoot Unit #450
VARNER MOBILE SERVICES LL
07/09/2018
109897
6525
701-49800-402
Rapairs to Unit #450
Total 109897:
VERIZON WIRELESS
07/09/2018
109898
9809680851
601-49400-321
Cell Phones 5/24/18-6/23/18
Water
VERIZON WIRELESS
07/09/2018
109898
9809680851
602-49450-321
Cell Phones 5/24/18-6/23/18
Sewer
Total 109898:
VSK EQUIPMENT INC
07/09/2018
109899
25666
701-49800-222
Unit 460 Sweeper Shoes
Total 109899:
WATER CONSERVATION SVC IN
07/09/2018
109900
8627
601-49400-405
Leak Locate CR 6 & Willow
Water
Total 109900:
WESTONKA COMMUNITY & CO
07/09/2018
109901
063018
101-42110-489
exhibitor/vendor dog days
Police Department
Total 109901:
Page: 9
Jul 03, 2018 01:47PM
Invoice
Amount
442.29
838.70
838.70
4,781.71
4,781.71
1,435.50
1,039.50
2,475.00
352.63
27.87
27.86
55.73
300.00
300.00
City of Orono Check Register - COUNCIL REPORT Page: 10
Check Issue Dates: 6/26/2018 - 7/9/2018 Jul 03, 2018 01:47PM
Department
Invoice
Amount
247.50
247.50
495.00
1,018.34
90.36
1,108.70
754,851.67
Check
Check
Invoice
Invoice GL Account
Description
Payee
Issue Date
Number
Number
WESTONKA SEWER & WATER 1
07/09/2018
109902
37274
101-45200-403
Part for Drinking Fountain @ Navarre Park
Parks
Total 109902:
WESTSIDE WHOLESALE TIRE
07/09/2018
109903
814278
701-49800-222
Unit 4712 Replacement Tires
Total 109903:
WIN -911 Software
07/09/2018
109904
140XT078-20
602-49450-227
annual maint
Sewer
WIN -911 Software
07/09/2018
109904
140XT078-20
601-49400-227
annual maint
Water
Total 109904:
Wright -Hennepin Coop Electric
07/09/2018
109905
3502647369
101-45210-240
265 Orono Orchard Rd S Equipment/Parts/Install
Golf Course
Wright -Hennepin Coop Electric
07/09/2018
109905
3502647369
101-45210-319
265 Orono Orchard Rd S Service
Golf Course
Total 109905:
Grand Totals:
Department
Invoice
Amount
247.50
247.50
495.00
1,018.34
90.36
1,108.70
754,851.67
AGENDA ITEM
Item No.: 4
Item Description: Approval of Rental License
Date: July 9, 2018
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to approve the Rental License for the license period
of July 9, 2018 to December 31, 2019.
2. Staff Recommendation. Staff recommends approval of the rental license as listed in Exhibit A
for the license period of July 9, 2018 to December 31, 2019. The Rental License Applicant in
Exhibit A has submitted all of the requested documents and has met all requirements.
COUNCIL ACTION REQUESTED
Motion to approve the rental license listed in Exhibit A for the license period of Jul 9, 2018 to December
31, 2019.
Exhibits
Exhibit A. Listing of Rental License
Prepared By: AMC
Reviewed By: AMC
Approved By: -TV
Exhibit A
City Council
2018 Rental Licenses
License# I Business Name I Total License Fees
RL18-000018 Scott Gaylord 100
AGENDA ITEM
Item No.:
Date: July 9, 2018
Item Description: Approval of Garbage Hauler License
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to approve the Garbage Hauler License for the license
period of July 9, 2018 to May 31, 2019.
2. Staff Recommendation. Staff recommends approval of the Garbage Hauler license as listed in
Exhibit A for the license period of July 9, 2018 to May 31, 2019. The Garbage Hauler License
Applicant in Exhibit A has submitted all of the requested documents and has met all
requirements.
COUNCIL ACTION REQUESTED
Motion to approve the Garbage Hauler license listed in Exhibit A for the license period of July 9, 2018 to
May 31, 2019.
Exhibits
Exhibit A. Listing of Garbage Hauler License
Prepared By: AMC
Reviewed By: AMC
Approved By: AMC
Exhibit A
City Council
2018 Garbage Hauler Licenses
License#
Business Name
Total License Fees
GH18-000009
Blackowiak Disposal Inc
120.00
AGENDA ITEM
Item No.: 6 Date: July 9, 2018
Item Description: Approval of Changes to the Liquor License for Narrows
Saloon
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to notify and gain approval from the City
Council for the changes made to the corporate officers of Orono Liquor Inc. concerning
their liquor license. The 2018 liquor license was already approved on December 11,
2017.
Orono Liquor Inc. has made changes to the officers of the corporation. President/Trustee
Peter W. Johnson has formally sent a letter informing the city that Gary Anderst has been
added to the corporation as Vice President and has the authority to directly manage its
operations at the Narrows Saloon. Johnson will continue to serve as President but will
surrender that role when Anderst takes over as Trustee of the Trusts that own all of the
stock in Orono Liquor Inc. Johnson is requesting the City council be notified of the
change so that on the day of their internal transfer, all formalities concerning the liquor
license have been attended to. There are no other changes that have been made affecting
the 2018 Liquor License. All documents have been received and are prepared to submit
to the Alcohol and Gambling Division of Minnesota.
2018 LIQUOR LICENSE — APPLICANT (Approved December 11, 2017)
• Orono Liquor Inc. DBA Narrows Saloon
3380 Shoreline Drive
Navarre, MN 55392
COUNCIL ACTION REQUESTED
Consider a motion to approve and acknowledge the changes made to the corporate officers of
Orono Liquor Inc. for the 2018 Liquor License for Narrows Saloon.
Exhibits
Exhibit A. Notice of Change
Prepared By: AMC
Reviewed By: AMC
Approved By: AMC
PETF�R W. JOHNSON
ATTORNEY AT LAW
249 MIL STREET
EXCELS IO R, MINNESOTA 55331
FACSIMILE (952) 476-0007
CELLULAR: (612) 741-1907
EMAIL-PETERIQPETERWJOHNSON.COM
July 5, 2018
Anna Carlson, City Clerk
City of Orono
Re: My proposed resignation as Trustee
Trustee for the Elizabeth Anderst Trust
Anderst Trust u/a/d October 13, 2016;
SENT BY EMAIL: acarlson@ci.orono.mn.us
and Gary Anderst's Acceptance as Successor
u/a/d October 13, 2016 and the Kathryn
Dear Ms. Carlson, This email confirms our earlier conversation. Gary Anderst is now
the Vice President of Orono Liquor, Inc. and has the authority to directly manage its
operations at the Narrows Saloon. While I continue to serve as President of Orono
Liquor, Inc., I will surrender that role when Gary Anderst takes over as Trustee of the
Trusts that own all of the stock in Orono Liquor, Inc.
We're planning to close on the transfer of Trustee responsibilities on July 20, 2018.
We're asking that the council be notified of the change at its next meeting so that on the
day of our transfer, all formalities concerning the liquor license have been attended to.
Call me or Gary if you have any questions. Thank you for your assistance.
Please call me if you have any questions,
ry truurs,j' /f
! / I.-
Pe W. o nson
Attorney ID 013658X
Cc: Gary Anderst
C:\Users\Fater\Dropbox\1 aaAnderst Estate\Business Entities\Orono Liquor Inc\Anna Carlson Rr (7-5-2018).docx
AGENDA ITEM
Item No.: 7
Date: June 11, 2018
Item Description: Appointment of 2018 Primary Election Absentee Ballot Board—
Resolution
Presenter: Anna Carlson, Agenda Consent Agenda
City Clerk Section:
1. Purpose. The Absentee Ballot Board must be established by ordinance or resolution and must
consist of a sufficient number of trained election judges appointed as provided in M.S. 204B.21
2. Staff Recommendation. It is staff's recommendation that Council adopt the attached resolution
listing the names of the qualified persons who have indicated their willingness to serve as
Absentee Ballot Board Election Judges for the August 14, 2018 Primary Election.
COUNCIL ACTION REQUESTED
Consider a motion to adopt the attached resolution listing the names of the qualified persons who have
indicated their willingness to serve as Absentee Ballot Board Election Judges for the August 14, 2018
Primary Election.
Exhibits
Exhibit A. Resolution
Prepared By: AMC
Reviewed By: AMC
Approved By: -1V
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION APPOINTING
THE ABSENTEE BALLOT BOARD
FOR THE 2018 PRIMARY ELECTION
TO BE HELD AUGUST 14, 2018
WHEREAS, the City Hall serves as an absentee ballot center for the residents of Orono; and
WHEREAS, State Statute Section 203B.121 provides that an Absentee Ballot Board must be
appointed by the City Council to process absentee ballots.
NOW, THEREFORE, BE IT RESOLVED by the Orono City Council that the individuals
named on Exhibit A be appointed as the City of Orono Absentee Ballot Board Election Judges for the
August 14, 2018 Primary Election; and
BE IT FURTHER RESOLVED that:
A. The Absentee Ballot Board will meet with at least two election judges of different
political parties at various times as designated by the City Clerk.
B. Absentee Ballot Board members shall be compensated at the same rate as an Election
Judge at $10.00 per hour or a Head Election Judge at $10.50 per hour for their services.
C. The City Clerk is, with this resolution, authorized to make any substitutions or additions
to the Absentee Ballot Board as deemed necessary; and
BE IT FURTHER RESOLVED the Orono City Council also appoints other individuals and all
members appointed to the Hennepin County Absentee Ballot Board as authorized under Minn. Stat.
204B.21, Subd. 2, under the direction of the Election Manager to serve as members of the Orono
Absentee Ballot Board.
Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held July 9,
2018.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
Pagel of 2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
Exhibit A
Absentee Ballot Board Election Judges for Primary Election on August 14, 2018
Sandie Larson
Tom Cady
Patti Welty
Eleanor Ferril
Sandra Keegan
Anne Nettles
Judy Rogosheske
Whitney Tucker
Kevin
Landgraver
Deborah
Lumendahl
Dave Peterson
Bonnie Kaster
AGENDA ITEM
Item No.: 8
Date: July 9, 2018
Item Description: Approval to Municipal Services Support Representative
Presenter: Anna Carlson Agenda Consent Agenda
City Clerk Section:
1. Purpose. The purpose of this action item is to appoint Andrea Hentges to the position of
Municipal Services Support Representative (MSSR) with a starting date of 07/23/18.
2. Background. The selection process for the MSSR position has been completed. A total of
15 applications were received. After an initial review of the applications, four applicants were
selected to be interviewed. These interviews were conducted by the City Administrator, City
Clerk and Community Development Director.
The top candidate for the position is Andrea Hentges. Andrea has a Bachelor's of Science in
Business Management from Rasmussen College. Andrea is coming to the City from Gerhardson,
Warner & Wehmhoff CPAs. Her duties include customer service, administrative assistance,
accounts receivables, payroll, bank reconciliations, reviewing financial statements, and
coordinating daily schedules of firm clients. Andrea will be an excellent addition to our staff.
3. Cost. Starting compensation for Andrea will be $46,991.64. This is a full time position and
is eligible for full city benefits including enrollment in the Coordinated Plan of the Public
Employees Retirement Association (PERA).
4. Funding. Funding for this position is included in the 2018 Planning & Zoning budget.
5. Staff Recommendation. Staff recommends the hiring of Andrea Hentges at the starting
salary of $46,991.64.
COUNCIL ACTION REQUESTED
Motion to approve the appointment of Andrea Hentges to the position of Municipal Services
Support Representative (MSSR) at a starting salary of $46,991.64 with a starting date of July 23,
2018.
Prepared By: AMC Reviewed By: AMC Approved By: AMC
AGENDA ITEM
Item No.:
Date: July 9, 2018
Item Description: Adoption of a Resolution Approving Morgan Stanley's Resolutions
for Corporations
Presenter: Ron Olson Agenda Consent Agenda
Finance Director Section:
1. Purpose. The purpose of this action item is to add Maggie Ung, the city's accountant as an authorized
signer to the city's brokerage account with Morgan Stanley.
2. Background. The City currently has four investment brokers that it uses to invest funds not
immediately required for operating expenditures. The Finance Director is responsible for maintaining the
investment portfolio. In order to ensure that that the City has ready access to its available funds, the
Accountant is given authority to make investment decisions in situations where the Finance Director is
unavailable. Morgan Stanley requires the adoption of a resolution to add an authorized signer to the
account.
3. Cost. There is no cost associated with this action.
4. Staff Recommendation. Staff recommends approval of the of the Resolution Approving Morgan
Stanley's Authorized Persons and Enabling Resolutions for Corporations.
COUNCIL ACTION REQUESTED
Motion to approve a Resolution Approving the Morgan Stanley Authorized Persons and Enabling
Resolutions for Corporations.
Exhibits
Exhibit A. Resolution Approving the Morgan Stanley Authorized Persons and Enabling Resolutions for
Corporations
Exhibit B. Morgan Stanley's Authorized Persons and Enabling Resolutions for Corporations
Prepared By:
j*16
Reviewed By: AMC
Approved By: AMC
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
RESOLUTION APPROVING THE MORGAN STANLEY AUTHORIZED PERSONS
AND ENABLING RESOLUTIONS FOR CORPORATIONS
WHEREAS, Morgan Stanley is an authorized broker dealer for the City; and
WHEREAS, Morgan Stanley requires the passage of a resolution of Authorized Persons
and Enabling Resolutions for Corporations in order to add authorized signers to the City's account;
and
WHEREAS, the City would like to add Maggie Ung, the City's Accountant, as an
authorized signer;
NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council as follows that
the Morgan Stanley Authorized Persons and Enabling Resolutions for Corporations is approved.
Adopted by the Council this 9"' day of July, 2018.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
For Internal Use Only
Branch No. Account No. Financial Advisor No.
3 9111110 1 0 5 1 7 2 0 2 4
Authorized Persons and Enabling
Resolutions for Corporations
Morgan Stanley
In consideration of Morgan Stanley Smith Barney LLC ("MSSB") opening and/or maintaining one or more accounts for the corporation
named below, I, the undersigned duly authorized officer, hereby certifies and agrees as follows:
1. General Information
The full legal name of the corporation (the "Corporation") to which this document applies is:
City of Orono Minnesota
NAME OF CORPORATION STATE OF INCORPORATION OR NON -U.S. JURISDICTION
2. Authorized Persons
MSSB is hereby authorized to accept investment instructions and other instructions from the officers of the Corporation and/or other
individuals listed below ("Authorized Persons"). These privileges include, but are not limited to, the authority to make distributions (e.g., of cash
or securities) and transfers by check or otherwise to anyone, including the undersigned officers and/or other individuals.
If MSSB receives conflicting instructions from different Authorized Persons, or reasonably believes instructions from one Authorized Person
might conflict with the wishes of another Authorized Person, MSSB may do any of the following: (a) choose which instructions to follow
and which to disregard; (b) suspend all activity in the account until written instructions signed by all Authorized Persons are received;
(c) close the account and deliver all securities and other property, net of debits or liabilities, to the address of record; and/or (d) take other
action deemed necessary to protect the interests of MSSB.
(ALL AUTHORIZED PERSONS MUST COMPLETE THIS SECTION, EVEN IF ALSO SIGNING ON BEHALF OF THE
CORPORATION AT THE END OF THIS DOCUMENT.)
Ron Olson 2750 Kelley Parkway Orono MN 55356
—.._.........._.. — --
NAME _.
NAME PRIMARY RESIDENCE: ADDRESS
SIGNATURE SOCIAL SECURITY NUMBER DATE OF BIRTH TITLE
NAME PRIMARY RESIDENCE: ADDRESS
SIGNATURE SOCIAL SECURITY NUMBER
DATE OF BIRTH TITLE
AUTHORIZED PERSONS AND ENABLING RESOLUTIONS FOR CORPORATIONS
(12/2014) NNAAAER
PAGE 1 OF 4
NY CS 8060860 12/14
03/01/1963
Finance Director
SIG E
.... .................. -- --__..............
SOCIAL SECURITY NUMBER DATE OF BIRTH
--_ -- - ------
TITLE
Maggie Ung
NAME
.... _ _ .............
PRIMARY RESIDENCE: ADDRESS
........ ............. ........... .
Accountant
SIGNATUEL
_._
SOCIAL SECURITY NUMBER DATE OF BIRTH
TI1. T...LE
NAME PRIMARY RESIDENCE: ADDRESS
SIGNATURE SOCIAL SECURITY NUMBER DATE OF BIRTH TITLE
NAME PRIMARY RESIDENCE: ADDRESS
SIGNATURE SOCIAL SECURITY NUMBER
DATE OF BIRTH TITLE
AUTHORIZED PERSONS AND ENABLING RESOLUTIONS FOR CORPORATIONS
(12/2014) NNAAAER
PAGE 1 OF 4
NY CS 8060860 12/14
.....
For Internal Use Only
Branch No. Account No. Financial Advisor No.
,.0111111,111_5.-._l 7 1, 2 0;2,4
SIXTH, that the Secretary of Corporation (or other duly designated officer) is hereby authorized and empowered to certify to MSSB, under
the seal of the Corporation or otherwise:
(a) a true, correct and complete copy of these Resolutions;
(b) specimen signatures of each Authorized Person and each Designated Person empowered by these Resolutions, if so requested by MSSB;
(c) a certificate (which, if required by MSSB, shall be supported by an opinion of the general counsel of the Corporation, or other counsel
satisfactory to MSSB) that the Corporation is duly organized and in good standing, that the corporate charter authorizes the action or
business described in these Resolutions, and that no limitation has been imposed upon such powers by constitution, statute, regulation,
charter, by-law or otherwise.
SEVENTH, that MSSB may rely upon any certification given in accordance with these Resolutions as continuing fully effective unless
and until MSSB shall receive due written notice of an amendment, modification or rescission of such Resolutions or certification. Further
resolved that MSSB shall not be liable for any action taken or not taken upon instruction of any Authorized Person or Designated Person
prior to MSSB's actual receipt of written notice of the termination or impairment of such person's authority. The failure to supply any
specimen signature shall not invalidate any transaction which is in accordance with authority previously granted. Further resolved that the
Corporation shall indemnify and hold harmless MSSB and any of its subsidiaries and affiliates from any and all claims that a transaction
was unauthorized or outside the scope of the Corporation's powers, if such transaction was authorized by any of the Authorized Persons or
Designated Persons.
EIGHTH, that in the event of any change in the office or powers of persons hereby empowered, the secretary (or other duly designated
officer), shall certify such changes to MSSB, in writing, which certification, when MSSB receives it, shall terminate the powers of
the persons previously authorized and empower the persons thereby substituted in accordance with all the provisions of these
Corporate Resolutions.
NINTH, that the Corporation hereby authorizes MSSB to charge any amount due to MSSB under any arrangement with the Corporation,
against any or all of the accounts and other property of the Corporation held with MSSB or any of its affiliates, with the Corporation
remaining liable for any deficiency and each Authorized Person or Designated Person is authorized and directed to pay to MSSB by checks
and/or drafts drawn upon the funds of the Corporation such sums as may be necessary to discharge the Corporation's obligations to MSSB.
TENTH, Corporation agrees that MSSB may apply these Resolutions to any accounts in the name of the Corporation.
The following three (3) resolutions are applicable only to Native American Tribes:
ELEVENTH, that Section 15 of the Client Agreement is modified to include the following language: The Tribe agrees:
(a) that binding arbitration shall be the exclusive formal remedy for all disputes, controversies or claims between the Tribe
and MSSB, including its agents, assigns or Affiliates (collectively, "MSSB"), as further described in Section 15 of the
Client Agreement;
(b) that such arbitration shall provide final and binding resolution of any dispute between the parties;
(c) that the Tribe expressly and irrevocably waives its immunity from suit as well as its rights to seek or exhaust tribal remedies
and that the waiver granted herein includes the arbitration of disputes as contemplated by Section 15 of the Client
Agreement, as well as any actions in any court of competent jurisdiction to compel arbitration and to enforce an
arbitration award;
(d) that the waivers of sovereign immunity and of the right to demand exhaustion of tribal remedies shall survive the expiration,
termination or cancellation of the Client Agreement; and
(e) that, if enforcement of an arbitration award or a judicial order becomes necessary by reason of failure of one or both parties
to voluntarily comply, the Tribe waives its sovereign immunity from any final judgment or order of a court of competent
jurisdiction enforcing an arbitration award.
AUTHORIZED PERSONS AND ENABLING RESOLUTIONS FOR CORPORATIONS
(12/2014) NNAAAER
PAGE 3OF4
NNAAAER NAO NY CS 8060860 12/14
AGENDA ITEM
Item No.: 10 Date: July 9, 2018
Item Description: East Long Lake Road Disposition
Presenter: Adam T. Edwards, P.E. Agenda Consent Agenda
Public Works Director/City Engineer Section:
1. Purpose. The purpose of this action item is for Council to accept the proposal for Bolton and Menk
(BMI) for masterplan services for the East Long Lake road trail project.
2. Background. At the May 29th meeting, the City Council directed staff and the Parks Commission to
develop a plan for the conversion of northern section East Long Lake Road to a trail. Since the Council
direction staff solicited a proposal from BMI for master planning services. Also at the July 2', Parks
Commission meeting, the Commission established subcommittee to work with staff and our consultant
developing a plan for the site.
3. Scope of work. Prepare a masterplan for the northern section of East Long Lake Road including a
road to trail conversion and shoreline restoration / improvements.
4. Cost and Funding. BMI provided a proposal (Exhibit B) for master planning services for a fee not
to exceed $ 17,500. The project will be funded by the Parks Fund which has an estimated EOY 2018
balance of $ 755,246.
5. Staff Recommendation. Staff recommends acceptance of BMI Proposal.
COUNCIL ACTION REQUESTED:
Accept the proposal from Bolton and Menk to provide master plan services for a fee not to exceed
$17,500.
Exhibits
Exhibit A. Map and Photos
Exhibit B. BMI proposal
Prepared By:
Reviewed By:
Approved By: AMC
East Long Lake Road
7
'. � 4� i�'h ;� 1 • T T • 4
U
a ��g
4 1�
Y.Y
"aa
_:mss
a
ar L Northern section
L}Ll} iy;; ;��;-;,� -- Southern section
or
OBOLTON
& MENK
Real People. Real Solutions.
June 28, 2018
City of Orono
Attn: Adam Edwards
PO Box 66
Orono, MN 55323
RE: East Long Lake Road
Dear Adam:
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
Ph: 19521 448-8838
Fax: (9521448-8805
Bolton-Menk.com
Thank you for the opportunity to assist the City with alternative improvements to East Long Lake Road.
We are aware of the potential and look forward to working with the community to find the most
appropriate and collaborative solution.
Project Understanding
Based on our understanding, East Long Lake Road is in need of extensive maintenance to repair the
existing roadway. It has been determined the roadway has a low vehicular functionality compared to the
maintenance cost associated with the roadway. The City would like to explore alternative uses for this
corridor. One alternative that will be studied is converting the existing roadway into a trail with possible
scenic areas, fishing spots, interpretive signage and shoreline restoration. Bolton & Menk will assist with
an East Long Lake Road corridor master plan that will study and determine the most appropriate design to
increase recreational opportunities, lower maintenance requirements and improve the shoreline and water
quality along this corridor.
Proposed Scope of Services
We propose to complete the following East Long Lake Road Master Plan tasks:
1. Create 2-3 East Long Lake Road Conceptual Master Plans for review with City
Staff/Committee/Community
Master Plan Concepts to include but not limited to the following items:
• ADA accessible pathways and destinations throughout trail corridor
• Overlook/scenic areas
• Fishing spots
• Shoreline restoration
• Interpretive signage locations
2. Develop preliminary cost estimates for the various conceptual plans
3. Attend two (2) meetings with City Staff to review/refine/present concepts
4. Coordinate and attend up to two (2) meetings with the Minnehaha Creek Watershed District to
discuss partnering and possible funding alternatives
5. One (1) Open House to gather input and provide information
Fee Estimate
Based on the scope of services described above, we propose a total not -to -exceed fee of $17,500 to be
billed on an hourly basis.
H:\ORNO\C13115672\1_Corres\C_To Others\East Long Lake Road Proposal 6-28-18.docx
Bolton & Menk is an
East Long Lake Road
June 28, 2018
Page 2
We look forward to collaborating with the City of Orono to plan, preserve and promote and enhance this
important corridor within the Orono Community. Please let me know if you have questions or need
additional information.
Please let me know if you have questions or need additional information.
Sincerely,
Bolton & Menk, Inc.
David P. Martini, P.E.
Principal Engineer
H:\ORNO\C13115672\1_Corres\C_To Others\East Long Lake Road Proposal 6-28-18.docx
Bolton & Menk is an
AGENDA ITEM
Item No.: 11
Date: July 9, 2018
Item Description: LA18-50, Stonewood LLC, 1020 Tonkawa Rd, Conditional Use
Permit — Resolution
Presenter: Melanie Curtis Agenda Consent Agenda
Planner Section:
1. Purpose. This application is regarding a CUP to install plumbing, including a shower, in an
accessory building.
2. MN§15.99 Application Deadline. The application was received on May 16, 2018 and
considered to be complete on June 8t''. Therefore the 60 -Day review period expires on August 7,
2018.
3. Background/ Summary. The applicant is constructing a new residence for the Owners of the
property. They wish to install full bathroom facilities in a new accessory garage building on the
property which includes a recreational space. A conditional use permit is required due to the
proposed shower/bathing facilities.
4. Planning Commission Vote and Comment. On June 18, 2018, 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 CUP.
5. Public Comment. No comments from the public were received on the 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 06/18118
Exhibit A.
Application Summary
Exhibit B.
Proposed Site Plan & Plans
Exhibit C.
Property Owners List
Exhibit D.
Plat Map
Prepared By: YY1GG
Reviewed By: J. Barnhart
Approved By: AMC
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT
PURSUANT TO
MUNICIPAL ZONING CODE
SECTION 78-328(7)
FILE NO. LA18-000050
WHEREAS, on May 16, 2018, Forrest Burke (hereinafter the "Applicant"), applied for
a conditional use permit ("CUP") pursuant to the City Code for the property addressed 1020 Tonkawa
Road and legally described as:
Tract B, RLS No. 617, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a CUP
pursuant to Orono Municipal Zoning Code Section 78-328 to allow plumbing within an accessory
building including installation of shower fixtures; and
WHEREAS, on June 18, 2018, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on June 18, 2018, the Planning Commission recommended approval
of the CUP; and
WHEREAS, on June 25, 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 CUP as described above based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA18-000050. 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 -1 B Zoning District.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3. Applicant has applied for the following CUP:
a. Plumbing within an accessory building which includes a bathtub or shower.
4. In considering this application for CUP, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed CUP upon
the health, safety and welfare of the community, existing and anticipated traffic conditions,
light and air, danger of fire, risk to the public safety, and the effect on values of property in
the surrounding area.
CONDITIONAL USE PERMIT ANALYSIS:
The Council finds that the proposed CUP at the proposed location is or will be:
1) Consistent with the community management plan; the proposed use is residential in
nature and residential use is consistent with the CMP guiding for this neighborhood.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; the proposed detached garage
improvement including the plumbing fixtures are compliant with the zoning ordinance.
3) Adequately served by police, fire, roads, and stormwater management; the proposed
use will be adequately served by existing services and facilities.
4) Provided with an adequate water supply and sewage disposal system; the Property is
served by City sewer and private well. Staff believes this criterion is met.
5) Not expected to generate excessive demand for public services at public cost; Staff
believes this criterion is met.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; the proposed detached garage with entertaining
space is residential in character and its use is expected to be compatible with the
surrounding area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; the detached garage with
recreation space including plumbing is residential in visual character and is expected
to be compatible with the surrounding area.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
The architectural styling of the proposed detached garage with plumbing is expected
to be residential in character and consistent with that of the principal 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
detached garage with entertaining space which includes plumbing is not expected to
have any adverse impacts. No information has been presented to indicate such.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; the detached garage will be situated in a
conforming location 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 nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; the proposed
detached garage with plumbing is not expected to cause any of these undesirable
impacts.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; it is anticipated that the proposed detached garage with plumbing will
not generate any of these undesirable issues.
13) Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; the proposed detached garage with plumbing has
been visually designed to conform to the residence on the property, and will not have
a negative environmental impact.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; Applicants are hereby
advised of this requirement, and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
15) Not detrimental to the public health, public safety, or general welfare. Staff believes
this criterion is met.
16) Additionally, the Council has determined that the following criteria have been met:
1. The council finds that the proposed use of the accessory structure with a bathtub
or shower will not be detrimental to the residential character of the neighborhood.
2. The council finds that the plumbing fixtures proposed are in keeping with the
intended use of the accessory building.
3. The accessory building is conforming in location, size and height.
4. The property owner agrees to the filing of a covenant in the title of the property
providing that the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
b. Used as a dwelling unless a guest house conditional use permit is
obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
conditional use permit pursuant to Orono Municipal Zoning Code Section 78-328(7) to allow
installation of a bathtub or shower within the accessory building, subject to the following
conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the plans and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibit A.
3. The Owners agree to a covenant restricting the accessory building as follows:
a. The accessory building will not be used for a home occupation unless
specifically approved by the city or if allowed by this Code.
b. The accessory building will not be used as a dwelling unless a guest house
conditional use permit is obtained.
c. The accessory building will not be rented, leased, or otherwise provided for
use as a dwelling under any circumstances.
4. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
5. 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 accessory building. A framing
inspection must be completed within one year of the date of Council approval, or the CUP
will expire on that date (July 9, 2019).
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 July, 2019.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk ® "% Dennis Walsh, Mayor
Forrest G. Burke, Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Renee M. Burke, Property Owner
This instrument was acknowledged before me this day of , 20, by
Forrest G. Burke, husband of Renee M. Burke.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
"I
This instrument was acknowledged before me this _ day of 20_, by
Renee M. Burke, wife of Forrest G. Burke.
Notary Public
C
uYN•�If ]
.z-
2
�J
N
;
g m g §
a a'3 ". •'i Cfd6.3a^ a3
$ d a a Q 'M $E. Pp! s ;t �< s. tE §a 9sagE
kE� g ;fl,;F'; a g' g g"s o.o�o �, � €$ j t �mssc
fr
$€
_ eg n��a3�ex�a�o ma ia,� goa o�a� �§� '" Mene.
�R�oPS€o
$ s• "z-$ g�Y�Z WHI s g F $ ma
M s�' e - a - 6'§ -IP go
H - ?�
moi
zpnq Fri Vi n"
m
iffl-
a� a
a �
€€ o
mz
I
I
gess �➢�•
���
Yy
� �
o
€F z
qRa �e
p ;R
Y o�5
�TgTam
,
iLl
$a €a
R
Pg
a� a
a �
€€ o
mz
as3 _
I
I
gess �➢�•
as3 _
aaim
y _ �e€§
gess �➢�•
���
g � _
� �
o
,
iLl
no ,
m�
>d
a
v ^�
n
a
D
0CD
m_�
_°
o
9c
Na
u,
X
C]
m z
m
�
9
----- ------------
Z
m
r
r
�Vrn
n
a
D
0CD
m_�
_°
2
9c
Na
u,
X
C]
m z
m
�
No
o
Z
m
r
r
�Vrn
SITE / LANDSCAPE PLAN
777
Ehimmmmr---� Wqk-qq F -
0
Lw
r_ Ll
153 EAST LAKE STREET
WAYZATA, MN 55391
612-462-4000
esKUCHe
D E S I G N
MAXWELL
MODERN
1020 TONKAWA ROAD
ORONO, MN 55356
CONSTRUCTION SET
30 APRIL 2018
revised
8 MAY 2018
SHEET
L1
0
30 60 90
IN FEET
SCALE.
=
EXISTING SPOT ELEVATION.
X(998.0)=
PROPOSED SPOT ELEVATION
DIRECTION SURFACE DRAINAGE
COH =
CANTILEVERED OVERHANG
GFE =
GARAGE FLOOR ELEVATION
TFE =
TOP OF FOUNDATION ELEVATION
LFE =
LOWEST FLOOR ELEVATION
SITE / LANDSCAPE PLAN
777
Ehimmmmr---� Wqk-qq F -
0
Lw
r_ Ll
153 EAST LAKE STREET
WAYZATA, MN 55391
612-462-4000
esKUCHe
D E S I G N
MAXWELL
MODERN
1020 TONKAWA ROAD
ORONO, MN 55356
CONSTRUCTION SET
30 APRIL 2018
revised
8 MAY 2018
SHEET
L1
PROJECT SCOPE
DESIGN OF CAST -IN-PLACE CONCRETE AND WOOD FRAMING FOR A PROPOSED DETACHED CARRIAGE HOUSE. CONSTRUCTION IS TO
BE DONE IN ACCORDANCE WITH THESE DRAWINGS, STANDARD INDUSTRY PRACTICE, AND THE REQUIREMENTS OF THE CODE.
GENERAL NOTES
1. THESE DOCUMENTS APPLY TO STRUCTURAL ONLY. REFER TO HOUSE PLANS PREPARED BY ESKUCHE DESIGN LAST DATED
4-19-18 FOR MORE INFORMATION.
2. IT IS THE RESPONSIBILITY OF THE BUILDER TO PROVIDE ALL FUTURE PLAN OR FIELD CHANGES TO THE HANSON GROUP FOR
REVIEW. PROVIDE FINAL TRUSS LAYOUTS TO THE HANSON GROUP PRIOR TO CONSTRUCTION AND MATERIAL ACQUISITION.
3. ADEQUATE SHORING DURING CONSTRUCTION IS THE RESPONSIBILITY OF THE CONTRACTOR.
4. CONTRACTOR AND BUILDER ARE TO VERIFY ALL DIMENSIONS AND CONDITIONS BEFORE PROCEEDING WITH WORK. NOTIFY THE
HANSON GROUP IF DISCREPANCIES ARISE.
5. MEANS AND METHODS OF CONSTRUCTION ARE THE RESPONSIBILITY OF THE CONTRACTOR.
FOUNDATION NOTES
1. DRAIN TILE, DAMPPROOFING AND/OR WATERPROOFING, & INSULATION, AS WELL AS THEIR INSTALLATION, ARE TO BE IN
ACCORDANCE WITH THE CODE.
2. INSTALL A MINIMUM OF (2) ANCHORS PER PORTION OF SILL PLATE AS WELL AS AN ANCHOR WITHIN 12" OF EACH END AS
APPLICABLE.
3. BAR SPLICES ARE TO BE LAPPED A MINIMUM OF 48 BAR DIAMETERS. PROVIDE 48" MATCHING HOOK BARS FOR ALL HORIZONTAL
BARS AT WALL CORNERS AND INTERSECTIONS.
4. CARE IS TO BE TAKEN DURING BACKFILLING TO MAINTAIN A PLUMB WALL ALIGNMENT.
5. BACKFILL BELOW EXTERIOR STOOP SLABS WITH COMPACTED GRANULAR MATERIAL TO FROST DEPTH (4'-0" MINIMUM).
6. PRIOR TO BACKFILLING, FOUNDATION WALLS ARE TO BE LATERALLY SUPPORTED BY FLOOR SLAB OR BY ADEQUATE TEMPORARY
BRACING.
7. SITE ELEMENTS INCLUDING LANDSCAPING RETAINING WALLS ARE NOT INCLUDED IN THE SCOPE OF THESE DRAWINGS.
FRAMING NOTES
1. ALL DIMENSION LUMBER HEADERS AND BEAMS ARE TO HAVE A MINIMUM OF ONE BEARING STUD AT EACH END. ALL 2 -PLY LVL
AND GIRDER TRUSS BEAMS AND HEADERS ARE TO HAVE A MINIMUM OF TWO BEARING STUDS AT EACH END. 3 -PLY MEMBERS
ARE TO HAVE A MINIMUM OF THREE BEARING STUDS AT EACH END. ALL BEARING ABOVE IS UNLESS NOTED OTHERWISE ON
PLANS. TRUSS SUPPLIER IS TO VERIFY GIRDER TRUSS BEARING LENGTH AND SUPPORT REQUIREMENTS.
2. ALL HEADERS AND BEAMS ARE TO HAVE A MINIMUM OF ONE FULL HEIGHT KING STUD AT EACH END. EXTERIOR OPENINGS
GREATER THAN SIX FEET IN WIDTH ARE TO HAVE A MINIMUM OF TWO FULL HEIGHT KING STUDS AT EACH END. EXTERIOR
OPENINGS GREATER THAN TEN FEET IN WIDTH ARE TO HAVE A MINIMUM OF THREE FULL HEIGHT KING STUDS AT EACH END.
3. ALL CONNECTIONS ARE TO BE MADE WITH ADEQUATE SIMPSON, USP OR EQUAL JOIST HANGERS, CLIPS, POST CAPS, AND POST
BASES.
4. CONNECT MULTIPLE MEMBER LVUS TOGETHER IN ACCORDANCE WITH MANUFACTURER REQUIREMENTS.
5. ALL EXTERIOR WALLS ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE FOLLOWING CRITERIA, U.N.O., WHICH MEETS OR
EXCEEDS THE REQUIREMENTS OF CODE SECTION R602.10.4 WSP AND CS-WSP.
A. 2x6 STUDS SPACED @ 16" O.C.
B. WALL SHEATHING: �/16" MIN. STRUCTURAL PANEL SHEATHING w/ 8d NAILS @ 6" O.0 AT PANEL EDGES AND 12" O.C. AT
INTERMEDIATE SUPPORTS OR 13/" 16 GAUGE STAPLES @ 3" / 6" SPACING.
6. ALL INTERIOR WALLS ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE FOLLOWING CRITERIA, U.N.O.
A. 2x4 OR 2x6 STUDS SPACED @ 16" O.C.
B. WALL SHEATHING: %" MIN. GYPSUM SHEATHING FASTENED TO FRAMING w/ 5d COOLER NAILS @ 8" O.C. MAX. OR TYPE S/W
WALLBOARD SCREWS @ 16" O.C. MAX. (5/" MINIMUM STUD PENETRATION)
7. ALL ROOFS ARE TO BE CONSTRUCTED IN ACCORDANCE WITH THE FOLLOWING CRITERIA.
A. ROOF FRAMING SPACED AT A MAXIMUM OF 24" O.C.
B. FASTEN ALL ROOF FRAMING TO TOP PLATES WITH USP RT7 OR SIMPSON H2.5 CLIPS OR EQUIVALENT AND (3) 8d TOENAILS.
C. ROOF SHEATHING: %2" MIN. STRUCTURAL PANEL SHEATHING w/ 8d NAILS @ 6" O.0 AT PANEL EDGES AND 12" O.C. AT
INTERMEDIATE SUPPORTS OR 13/" 16 GAUGE STAPLES @ 3" / 6" SPACING.
D. PROVIDE FULL DEPTH BLOCKING BETWEEN TRUSSES AT ENERGY HEELS FOR PERIMETER ROOF SHEATHING NAILING OR TOP
AND BOTTOM BLOCKING SHEATHED PER FRAMING NOTE 6. BLOCKING TO EXTEND FROM WALL TOP PLATES TO WITHIN 2" OF
ROOF SHEATHING.
8. ALL OTHER FASTENERS TO BE IN ACCORDANCE CODE TABLE R602.3(1).
9. ALL STUD PLIES IN BUILT UP COLUMNS AND AT INTERMEDIATE STUD FRAMING TO BE FASTENED TO SHEATHING / GYP BOARD AS
NOTED ABOVE (12" O.C. MAX. AT EXTERIOR AND 16" O.C. MAX. AT INTERIOR).
10. ALL STONE IS TO BE THIN VENEER ADEQUATELY ADHERED BACK TO WOOD FRAMING FOR CONTINUOUS VERTICAL AND LATERAL
SUPPORT BY THE MASON.
11. A BRACED WALL REVIEW HAS BEEN PERFORMED. DUE TO FULL ENGINEERING PROVIDED, EXTERIOR BRACED WALLS ARE NOT
SHOWN FOR CLARITY, BUT ARE COVERED BY CONTINUOUS SHEATHING AND CONNECTIONS NOTED ABOVE.
MATERIALS
CONCRETE FOOTINGS:
F'c = 5,000 PSI @ 28 DAYS (OR 3,500 PSI WITH AN APPROVED ADMIXTURE THAT
2x6 MIN. TREATED SILL PLATE
PROVIDES A WATER AND VAPOR RESISTANCE AT LEAST EQUIVALENT TO 5,000 PSI CONCRETE
CONCRETE WALLS:
F'c = 3,500 PSI @ 28 DAYS
REINFORCING STEEL:
ASTM A615 GRADE 60
AGGREGATE:
FOOTINGS - 1%" MAX
WALLS/SLABS- %4" MAX
ON-SITE SOIL:
SANDY -CLAY (GROUP 11) ASSUMED
THE HANSON GROUP IF
\
yeq = 45 PSF/FT (ACTIVE)
FROM FOUNDATION 6
IF CLAY SOILS ARE ENCOUNTERED, BACKFILL w/ SAND FULL HEIGHT
BACKFILL SOIL:
SAND (GROUP 1) TO BE USED WHERE NOTED:
yeq = 30 PSF/FT (ACTIVE)
WALL STUDS (10' OR LESS):
SPF STUD GRADE OR BETTER
WALL STUDS (OVER 10'):
SPF NO.2 GRADE OR BETTER
DIMENSIONAL LUMBER:
SPF NO.2 GRADE OR BETTER
TREATED LUMBER:
SYP NO.2 GRADE OR BETTER
LVL:
13/" WIDTH - Fb = 2600 PSI, E = 1,900,000 PSI
ALLOWABLE SOIL
BEARING PRESSURE:
2,000 PSF (ASSUMED)
LOADS
ROOF LIVE LOAD: 35 PSF (SNOW)
ROOF DEAD LOAD: 20 PSF
WIND LOAD: 90 MPH EXP. B
THIN STONE: 25 PSF MAX.
CODES
2015 MINNESOTA RESIDENTIAL CODE
@ COPYRIGHT HANSON GROUP, LLC 2018
BUILDER TO VERIFY IF
FROST FOOTINGS ARE
REQ'D BELOW INTERIOR
NON-BEARING WALLS
1 REFERENCE PLAN
S1 FOUNDATION PLAN SHOWN FOR
LOCATION REFERENCE ONLY
FRAME WALL ABOVE
2x6 MIN. TREATED SILL PLATE
2"O x 10" LONG ANCHOR
w/ NO PLATE OVERHANG
BOLTS (7" MIN. EMBED)
@ 72" O.C. MAX. OR EQUIV.
MAINTAIN 6" MIN. STEM WALL
SUPPLIER - CONTACT
SLAB -ON -GRADE
SLOPE GRADE AWAY
THE HANSON GROUP IF
\
(2) 2,x10
FROM FOUNDATION 6
ID
DESIGN ASSISTANCE IS
MIN.
— — — — — — — -------�--
----
--� REQUIRED
17'-81 4"
III
Flo
5'-101 2�
4"
2" LEDGE
#4 HORIZ. BAR @TOP OF WALL
8" MIN. C.I.P.
BAR E
STORAGE
a
a
CONCRETE WALL
#4 x 2'-0" DOWELS
@ 72" O.C.
/7
20" WIDE x 8" DEEP MIN.
(5" MIN. EMBED)
CONCRETE STRIP FOOTING
CENTERED IN WALL
ETf
0
CENTERED UNDER WALL
- LOWER AS REQ'D FOR
FROST PROTECTION
3 WALL SECTION
S1 FROST FOUNDATION WALL -
WALKOUT
THIN STONE AND INSULATION
AT EXTERIOR NOT SHOWN
FOR CLARITY TYP. ALL
SECTIONS - BY OTHERS
FRAME WALL ABOVE
2x6 MIN. TREATED SILL PLATE
w/ NO PLATE OVERHANG
MAINTAIN 6" MIN. STEM WALL
(2-0" MAX. HEIGHT)
SLOPE GRADE AWAY
FROM FOUNDATION 6„
MIN.
III
#4 HORIZ. BAR @ TOP OF WALL
#4 x 2'-0" DOWELS
@ 72" O.C.
(5" MIN. EMBED)
CENTERED IN WALL
---------I------------------------------------il
`--
f 1
Fe
1 VENT. 0.0
I
I
t
I
I
I
I
I
I
I
I
I J
I
I >
I _
I
I tr r
I ,-
I N
i
I
I
I
I
I
I
I
I
I
I
I
I
I
I
i
I
J I
I
1J I
CIONC. STOOP
'N
ROOF TRUSS SPAN
BY SUPPLIER
TYP.
GT BY SUPPLIER
TYP.
\
OVERHANGS BY
HVAC
SUPPLIER - CONTACT
1
THE HANSON GROUP IF
\
(2) 2,x10
ID
DESIGN ASSISTANCE IS
— — — — — — — -------�--
----
--� REQUIRED
17'-81 4"
a
Flo
5'-101 2�
4"
�
BAR E
STORAGE
I
n
/7
0
i
I
J I
I
1J I
CIONC. STOOP
'N
ROOF TRUSS SPAN
BY SUPPLIER
TYP.
GT BY SUPPLIER
TYP.
(3) 2x6 BRG FOR LVL (1)
2x6 BRG FOR 2x10's AND
(2) 2x6 FULL HEIGHT
KING STUDS BETWEEN
%2"O x 10" LONG ANCHOR
BOLTS (7" MIN. EMBED)
@ 72" O.C. MAX. OR EQUIV. _
eo
SLAB -ON -GRADE
L� F2" LEDGE
8" MIN. C.I.P
a CONCRETE WALL
a
20" WIDE x 8" DEEP MIN.
CONCRETE STRIP FOOTING
CENTERED UNDER WALL
- LOWER AS REQ'D FOR
FROST PROTECTION
4 WALL SECTION
S1 FROST FOUNDATION WALL w/
RAISED STEM TYP.
2 REFERENCE PLAN
S1 MAIN LEVEL PLAN SHOWN FOR
LOCATION REFERENCE ONLY
%2"O x 10" LONG ANCHOR
BOLTS (7" MIN. EMBED)
@ 72" O.C. MAX. OR EQUIV.
8" MIN. C.I.P. CONCRETE WALL
• a
#4 HORIZ. BARS III_
@ 24" O.C.
a II � II
N #4 x 3'-0" HOOKS
@ 36" O.C. �-
6"
SLAB -ON -GRADE
THICKEN WALL TO 10" BELOW
SLAB FOR OPTIONAL SLAB LEDGE
M
(2) 2x6 BRG AT THE
ENDS OF ALL GT's
TYP.
FRAME WALL ABOVE
SLOPE GRADE
6" AWAY FROM
91N. /—FOUNDATION
#4 VERT. BARS @ 36" O.C.
2" TO VERT. BARS & HOOKS
5 WALL SECTION
S1 RETAINING WALL TYPE
FOUNDATION WALL
20" WIDE x 8" DEEP MIN.
CONCRETE STRIP FOOTING
CENTERED ON WALL
- LOWER AS REQ'D FOR
FROST PROTECTION
Eskuche Design
18318 Minnetonka Blvd
Deephaven, MN 55391
Revision Date Description
PLANS SHOWN LIGHT IN BACKGROUND ARE FOR
LOCATION REFERENCE ONLY. PLAN NOTES AND
ELEMENTS SHOWN LIGHT MAY NOT NECESSARILY
SUPPORT THE HANSON GROUP'S DESIGN.
BUILDER IS REQUIRED TO SEND FINAL TRUSS
LAYOUT DRAWINGS TO THE HANSON GROUP
PRIOR TO CONSTRUCTION FOR VERIFICATION OF
LOAD PATHS AND FRAMING SIZES LISTED
I hereby certify that this plan, specification or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional Engineer
under the laws of the State of Min sota.
i
Signed:
Print Name: TrevorLer
Date: 4-26-18 License Number: 45470
3407 Kilmer Lane North
Suite 4
Plymouth, MN 55441
Tel 612-708-3572
www.hansongroupmn.com
Maxwell Modern
Carriage House
1020 Tonkawa Rd
Orono, MN
Project Number: 7.292
Date: April 26, 2018
Sheets: 1 of 1 S1
\
OVERHANGS BY
SUPPLIER - CONTACT
1
THE HANSON GROUP IF
\
(2) 2,x10
(3) 11%$" LVL
DESIGN ASSISTANCE IS
— — — — — — — -------�--
----
--� REQUIRED
$— -------- ,-�,
�
(3) 2x6 BRG FOR LVL (1)
2x6 BRG FOR 2x10's AND
(2) 2x6 FULL HEIGHT
KING STUDS BETWEEN
%2"O x 10" LONG ANCHOR
BOLTS (7" MIN. EMBED)
@ 72" O.C. MAX. OR EQUIV. _
eo
SLAB -ON -GRADE
L� F2" LEDGE
8" MIN. C.I.P
a CONCRETE WALL
a
20" WIDE x 8" DEEP MIN.
CONCRETE STRIP FOOTING
CENTERED UNDER WALL
- LOWER AS REQ'D FOR
FROST PROTECTION
4 WALL SECTION
S1 FROST FOUNDATION WALL w/
RAISED STEM TYP.
2 REFERENCE PLAN
S1 MAIN LEVEL PLAN SHOWN FOR
LOCATION REFERENCE ONLY
%2"O x 10" LONG ANCHOR
BOLTS (7" MIN. EMBED)
@ 72" O.C. MAX. OR EQUIV.
8" MIN. C.I.P. CONCRETE WALL
• a
#4 HORIZ. BARS III_
@ 24" O.C.
a II � II
N #4 x 3'-0" HOOKS
@ 36" O.C. �-
6"
SLAB -ON -GRADE
THICKEN WALL TO 10" BELOW
SLAB FOR OPTIONAL SLAB LEDGE
M
(2) 2x6 BRG AT THE
ENDS OF ALL GT's
TYP.
FRAME WALL ABOVE
SLOPE GRADE
6" AWAY FROM
91N. /—FOUNDATION
#4 VERT. BARS @ 36" O.C.
2" TO VERT. BARS & HOOKS
5 WALL SECTION
S1 RETAINING WALL TYPE
FOUNDATION WALL
20" WIDE x 8" DEEP MIN.
CONCRETE STRIP FOOTING
CENTERED ON WALL
- LOWER AS REQ'D FOR
FROST PROTECTION
Eskuche Design
18318 Minnetonka Blvd
Deephaven, MN 55391
Revision Date Description
PLANS SHOWN LIGHT IN BACKGROUND ARE FOR
LOCATION REFERENCE ONLY. PLAN NOTES AND
ELEMENTS SHOWN LIGHT MAY NOT NECESSARILY
SUPPORT THE HANSON GROUP'S DESIGN.
BUILDER IS REQUIRED TO SEND FINAL TRUSS
LAYOUT DRAWINGS TO THE HANSON GROUP
PRIOR TO CONSTRUCTION FOR VERIFICATION OF
LOAD PATHS AND FRAMING SIZES LISTED
I hereby certify that this plan, specification or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional Engineer
under the laws of the State of Min sota.
i
Signed:
Print Name: TrevorLer
Date: 4-26-18 License Number: 45470
3407 Kilmer Lane North
Suite 4
Plymouth, MN 55441
Tel 612-708-3572
www.hansongroupmn.com
Maxwell Modern
Carriage House
1020 Tonkawa Rd
Orono, MN
Project Number: 7.292
Date: April 26, 2018
Sheets: 1 of 1 S1
North Elevation
SCALE: 1/4" = 1'-0"
L r='��
f���
10
T
26'-0" � 10'-0"
r--------------------------------------------------r7---------------------
I
-I�--———————————————————————
—---
—--—————— — — — — ——
VERIFY STEPPING w/GRADE
I
111111100011110 in
IF
North Elevation
SCALE: 1/4" = 1'-0"
L r='��
f���
10
T
26'-0" � 10'-0"
r--------------------------------------------------r7---------------------
L1-------- --- --------------------------------------------------------------�
V-5"
�i
Foundation Plan
SCALE: 1/4'1 = 1'-0"
West Elevation
SCALE: 1/4" = 1'-0"
0
K
04
8
u
South Elevation
v SCALE: 1 /4" = 1'-0"
-'*—ROOF
1/4/12
ROOF PITCH pow
LEI REF.
Closet
un IF
htr 7
04
LO A2
OWNER'S EXISTING
60" RESTO HDWR
GAME TABLE
17'-8 1 /4" 5-r--1-01'/2 12'-5 1 4"
GARAGE
3'-0" O.H.
3'-0"
7'-0"
LOFT
OWNER S
SOFA 0" A2
SWIVEL SWIVEL
CHAIR CHAIR
tv
Q
3-0 7-0 10-0 x7-0
3'-0" 7'-8" 25'-4"
C
Floor Plan approx. 972 s.f.
6 SCALE: 1 /4" = 1'-0"
36'-0"
O O
o O
o a CONC. STOOP
m
w Q
V)
J
!_ n
�East Elevation o n1-011
S sc;
Cross Section
Cross Section
8 SCALE: 1/411 = 1'-0"
0' 2" 4' 6' 8' 10' 12' 14' 16'
GRAPHIC SCALE
C
�ir,r1L i��sx
�'
r•
ED CuS-kO
153 EAST LAKE STREET
WAYZATA, MN 55391
612-462-4000
eSKUCHe
D E S I G N
MAXWELL
MODERN
1020 TONKAWA ROAD
ORONO, MN 55356
CONSTRUCTION SET
30 APRIL 2018
revised
8 MAY 2018
SHEET
Al
I
-I�--———————————————————————
—---
—--—————— — — — — ——
VERIFY STEPPING w/GRADE
I
C?
I
I
I v
I
1
I 1 I I
L — — — — — — —J I I
I
I
I
I
I I
I 1
I
I
I
I I
r
I
I I I I
I I
If
J
I
I I
I 1 I
C1)
17'-4 1 4" LOI
I
I
j b'-6" I 1 12'-1 3 4"
C?
I
I
I
I I
10------------�
I
I
I o
I
I
FROST FOOTINGS
I
I
Q
I
I
13
I
I I
I
I
I Z
I
I
W UNEXCAVATED
i
i UNEXCAVATED
-
I
I N
O
I
I> -
I
I
I
LL
I ex
I
I
I
I j
I
I
I
I C4
,0
I
I
I
I
I
I
I V
I
I
I
I I
I I
C?
I
I
I
I
I
I
I I
I 1
1
I
I
I
I
I
I
I
I
I 1
I 1
I 1
I
I
I
I
-- ---------------------------1
I
I
I 1
I 1
J --------------------------------J
D D
L1-------- --- --------------------------------------------------------------�
V-5"
�i
Foundation Plan
SCALE: 1/4'1 = 1'-0"
West Elevation
SCALE: 1/4" = 1'-0"
0
K
04
8
u
South Elevation
v SCALE: 1 /4" = 1'-0"
-'*—ROOF
1/4/12
ROOF PITCH pow
LEI REF.
Closet
un IF
htr 7
04
LO A2
OWNER'S EXISTING
60" RESTO HDWR
GAME TABLE
17'-8 1 /4" 5-r--1-01'/2 12'-5 1 4"
GARAGE
3'-0" O.H.
3'-0"
7'-0"
LOFT
OWNER S
SOFA 0" A2
SWIVEL SWIVEL
CHAIR CHAIR
tv
Q
3-0 7-0 10-0 x7-0
3'-0" 7'-8" 25'-4"
C
Floor Plan approx. 972 s.f.
6 SCALE: 1 /4" = 1'-0"
36'-0"
O O
o O
o a CONC. STOOP
m
w Q
V)
J
!_ n
�East Elevation o n1-011
S sc;
Cross Section
Cross Section
8 SCALE: 1/411 = 1'-0"
0' 2" 4' 6' 8' 10' 12' 14' 16'
GRAPHIC SCALE
C
�ir,r1L i��sx
�'
r•
ED CuS-kO
153 EAST LAKE STREET
WAYZATA, MN 55391
612-462-4000
eSKUCHe
D E S I G N
MAXWELL
MODERN
1020 TONKAWA ROAD
ORONO, MN 55356
CONSTRUCTION SET
30 APRIL 2018
revised
8 MAY 2018
SHEET
Al
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2018
6:30 o'clock p.m.
2. LA18-000050 STONEWOOD, LLC, 1020 TONKAWA ROAD, CONDITIONAL USE
PERMIT, 6:31 P.M. — 6:34 P.M.
Sven Gustafson, Stonewood, was present.
Curtis stated the applicant is requesting a conditional use permit to install a full bathroom, including
shower, in an accessory garage. The applicants are removing an existing garage and constructing a
detached garage closer to the home. A conditional use permit is required for the full bathroom.
Staff has completed an analysis of the conditional use permit and findings are included in the staff report.
A neighbor did ask to review the plans but submitted no public comments. City Staff has received no
other public comments regarding this application.
Staff recommends approval conditioned upon the property owners' agreement to the filing of a covenant
in the title of the property providing that the accessory building will not be: one, used for a home
occupation unless specifically approved by the City or if allowed by this Code; two, used as a dwelling
unless a guest house conditional use permit is obtained; and three, rented, leased or otherwise provided
for use as a dwelling under any circumstances.
The Planning Commission had no questions for Staff.
Sven Gustafson, Stonewood, stated he does not have anything to add to Staffs report and would be able
to answer any questions.
Chair Thiesse opened the public hearing at 6:32 p.m.
There were no public comments relating to this application.
Chair Thiesse closed the public hearing at 6:32 p.m.
Thiesse commented the application is reasonable and straight forward.
Ressler moved, Olson seconded, to recommend approval of Application No. LA18-000050,
Stonewood, LLC, 1020 Tonkawa Road, granting of a conditional use permit.
VOTE: Ayes 6, Nays 0.
Date Application Received: 05/16/18
Date Application Considered as Complete: 06/08/18
60 -Day Review Period Expires: 08/07/18
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Melanie Curtis, Planner h'1GG
Date: 18 June 2018
Subject: #LA18-000050, Stonewood LLC o/b/o Forrest Burke, 1020 Tonkawa Rd,
Conditional Use Permit: Plumbing
Public Hearing
Application Summary: The applicant is requesting a conditional use permit to install a full
bathroom, including shower, in an accessory building.
Staff Recommendation: Planning Department Staff recommends approval.
Background
The applicant wishes to install full bathroom facilities in an accessory garage building on their
property which includes a recreational space. A conditional use permit is required due to the
proposed shower/bathing facilities.
Applicable Regulations:
Plumbing in the Accessory Building CUP (Section 78-328(7))
The proposed detached garage with recreation space is permitted, the applicant's request to
install a bathroom with full bathing facilities requires a CUP.
Applicable Regulation: Conditional Use Permit (Section 78-916)
The Planning Commission may recommend and the Council may grant a Conditional Use
Permit (CUP) as the use permit was applied for or in modified form. On the basis of the
application and the evidence submitted, the city must find that the proposed use at the
proposed location is or will be:
1) Consistent with the community management plan; The proposed use is residential in
nature and residential use is consistent with the CMP guiding for this
neighborhood.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed detached garage
improvement including the plumbing fixtures are compliant with the zoning
ordinance.
3) Adequately served by police, fire, roads, and stormwater management; The proposed
use will be adequately served by existing services and facilities.
4) Provided with an adequate water supply and sewage disposal system; The property
is served by City sewer and private well. Staff believes this criterion is met.
FILE # LA18-000050
18 June 2018
Page 2 of 3
5) Not expected to generate excessive demand for public services at public cost; Staff
believes this criterion is met.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed detached garage with entertaining
space is residential in character and its use is expected to be compatible with the
surrounding area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; The detached garage with
recreation space including plumbing is residential in visual character and is
expected to be compatible with the surrounding area.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
The architectural styling of the proposed detached garage with plumbing is
expected to be residential in character and consistent with that of the principal
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
detached garage with entertaining space which includes plumbing is not expected
to have any adverse impacts. No information has been presented to indicate such.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The detached garage will be situated in a
conforming location 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 nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; The proposed
detached garage with plumbing is not expected to cause any of these undesirable
impacts.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; It is anticipated that the proposed detached garage with plumbing
will not generate any of these undesirable issues.
13) Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; The proposed detached garage with
plumbing has been visually designed to conform to the residence on the property,
and will not have a negative environmental impact.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; Applicants are hereby
advised of this requirement; and
15) Not detrimental to the public health, public safety, or general welfare. Staff believes
this criterion is met.
A CUP may be granted subject to such conditions as the Council may prescribe. Further
approval shall be granted only when the following criteria are met:
FILE # LA18-000050
18 June 2018
Page 3 of 3
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.
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 the property owners' agreement to the filing of a
covenant in the title of the property providing that the accessory building will not be:
1. Used for a home occupation unless specifically approved by the city or if allowed by
this Code.
2. Used as a dwelling unless a guest house conditional use permit is obtained.
3. Rented, leased or otherwise provided for use as a dwelling under any circumstances
List of Exhibits
Exhibit A.
Application Summary
Exhibit B.
Proposed Site Plan & Plans
Exhibit C.
Property Owners List
Exhibit D.
Plat Map
AGENDA ITEM
Item No.: 12
Date: July 9, 2018
Item Description: LAI 8-53, Norling Lake Minnetonka Landscapes o/b/o Kent
Lentnes, 3508 Ivy Place, Variances — Resolution
Presenter: Laura Oakden Agenda Consent Agenda
Planner Section:
1. Purpose. The applicant is requesting variances for average lakeshore setback and hardcover that
exceeds 25%
2. 15.99 Deadline. The applicant submitted a complete application on June 6, 2018. The 60 -day review
period expires August 3rd, 2018.
3. Background/ Summary. The applicant and homeowner are requesting to construct a 10' x 14' deck
on the south side of the home which abuts a neighboring unimproved right of way. The proposed deck
would be built above an existing patio. The plans show the stairs to the deck as the only new proposed
hardcover. This deck would encroach in the average lakeshore setback, which is established by the
distance of the house to the north from the lake. The neighbors to the north have provided support in
writing of the proposed project.
4. Planning Commission Vote and Comment. On June 181 the Planning Commission held a public
hearing and discussed the overall project and gave a unanimous vote for approval for the proposed
variances.
5. Public Comment. No public comment was received.
6. Staff Recommendation. Approval of the variance as proposed.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution.
Exhibits
Exhibit A. Draft Resolution
Exhibit B. Proposed survey and 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 Site Plan and Plans
Exhibit D.
Submitted Hardcover Calculations
Exhibit E.
Property Owners List and Map
Prepared By: LLO Reviewed By: J. Barnhart
Approved By:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279 and 78-1700
FILE NO. LA18-000053
WHEREAS, on June 6, 2018, Norling Lake Minnetonka Landscapes o/b/o Kent
Lentnes ("Applican[s"), applied for a variance from the City Code for the property addressed 3508
Ivy Place and legally described as:
Lot 183, and the Southeasterly Half of Lot 182, TAYLORS SUBDIVISION OF
SPRING PARK LOTS (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow a deck to be constructed 78.5
feet to the OHWL within the average lakeshore setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1700 allow 27.4% hardcover; and
WHEREAS, on June 18, 2008, 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 June 18, 2008, the Planning Commission recommended approval
of the variance; and
WHEREAS, on July 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:
This application was reviewed as Zoning File #LA18-000053. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
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 -1 C Zoning District.
3. The Property contains 0.32 acres in area and has a defined lot width of 75 feet at the
lakeyard setback.
4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variances:
a. Average Lakeshore Setback
b. Hardcover which exceeds 25%
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.
ANAI YSIS•
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The applicant has worked to mitigate the encroachment by
proposing the deck be placed over an existing patio. The stairs will add 55.5 sq.ft. of new
hardcover to the property. The new deck will not change or alter the sightlines for the
neighboring property owner.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of a deck in a
residential zone are consistent with the Comprehensive Plan.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The applicant is proposed to build a deck over an existing patio and only increasing the
hardcover on the property to construct stairs for the proposed deck. The deck is located
on the south side of the property, abutting an unimproved right of way which will not
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
intrude on any sightlines to the lake in the average lakeshore setback. The proposed
improved seems reasonable for the property.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The property is unique in size and width and received variances in 2012
c. The variance, if granted, will not alter the essential character of the locality. "
The requested variances will not alter the essential character of the neighborhood.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This condition is not applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as 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 property abuts Lake Minnetonka with one
neighbor set 83.7 feet from the lake on the north and an unimproved right of way to the south.
This property must follow the existing setback set by the property to the north. The proposed
deck is on the south side of the home away for the one neighbor and should not interfere with
the sightline of the lake.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The shoreline slightly curves and the lot is uniquely shaped with the
unimproved right of way bending around the west and south side of the property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The applicant has stated is improvement is
necessary to grant more accessible access to the lake.
11. "The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter." Granting the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
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 topography, unique shape and location
of the property create practical difficulties affecting this property. The applicant was working
with the footprint of the existing patio minimize any encroachment; the variances are necessary
and do not merely serve as a convenience to the owners.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1279 and 78-1700 to allow a deck to be
constructed 78.5 feet to the OHWL within the average lakeshore setback and for the property to
exceed hardcover to 27.4%, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibit A.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A building permit must be
issued within one year of the date of Council approval, or the variance will expire on that
date (July 9, 2019).
5. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this day of 12018.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
AS -BUILT SURVEY FOR Norling's
Proposed
P R O j I E +NOT TO SCALE
LLr/ ,\ JI�I rai ing
OF LOT 163 $ PART OF LOT 1g2, TAYLORSx ��bsr ters no greater than 411 gap
SUBDMSION OF SPRING PARK LOTS 2" x 4'2Ilexc ,looalsds
NENNEPIN COUNTY, rIINNESOTA G11 x G" posts
drift pin
42"
s alt. tube footing
NOTES
ALL JC15TS, BEAMS TO BE TREATED PONDER SA FNE
DECK BOARDS, RAILINGS, SFINDELS, BALUSTERS OBE CEDAR Or Composite
lop
Q200
LOT
NORLING'S LAKE MINNETONKA
�. LANDSCAPES, INC.
P.O. BOX 361,SPRING PARK, MN 55384
LAKE "M
952-471-0255 - wwwnorlings.net
NNNETOWA
\�
S �
ACJ'
§ 9 / 8<
$ / SURVEY 8p
g LINE
F
S
77
� F
! r
� F
/ EWP/
OP 0�
PCS
d�l
nT 18
existing � 09CN
14' x 10'oposed deck
83 1 setback line
existing patio (same footprint as 6
iling
aA0
q� property line
q2 75' setback line
Ex�j�' Sw
5 � A \Oo VA
F_
BLACKTOP
DRIVEWAY
DESIGNED REV6YJN DATE DESCRIPTION
TI B -23-p STONE STEPS BY LAKE��� GRONBERG A950CIATE5, INC.
DRAWN
—� CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356
L _P=__4
— — — — — — 952-473-4141
12-OOBB
CARNANS BAY
g2cl.4 CONTOUR
LINE (O.N A.)
A)S�G`
1
60 �
LEGAL DESCRIPTION OF PREMISES:
Lot IB3, and the Southeasterly Half of Lot 1B2,
TAYLORS SUBDIVISION OF SPRING PARK LOTS
° : denotes iron marker set
denotes iron marker found
existing contour line
Bearings shown are based upon on assumed datum.
This survey shows the boundaries of the above described property, the
location of an existing building, driveway, topography, floor elevations,
and the location of all visible ''hardcover'' thereon, . It does not purport
to show any other improvements or encroachments.
I HEREBY CERTIFY THAT TNS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MNNESOTA.
DATE _____________ MN LICENSE NUMBER
T -ALE
DATE
> 8 No
12-0088
Norling's
Proposed
SNOT TO SCALE
Z flash
2" x 411 deck boards
EDGER SAME 512E AS bSTS
II
INSTALL LAG SCREWS THAT
x 12 treated ledgerfROHS
a
PENETRATE 1 I/7' MINIMUM INTO RIM
beam 3, 211 x G11factured
beam
4%,JOIST OR WALL STUDS.
�0 3/8" LAG SCREWS
Y 5�
/ /
ID' x treated postCES
IN BEAM MUST
ORT. ALL BEAMS
GETHER WITH 2
ILS @ 0 O.C.
building
NOTES
ALL JC15TS, BEAMS TO BE TREATED PONDER SA FNE
DECK BOARDS, RAILINGS, SFINDELS, BALUSTERS OBE CEDAR Or Composite
lop
Q200
LOT
NORLING'S LAKE MINNETONKA
�. LANDSCAPES, INC.
P.O. BOX 361,SPRING PARK, MN 55384
LAKE "M
952-471-0255 - wwwnorlings.net
NNNETOWA
\�
S �
ACJ'
§ 9 / 8<
$ / SURVEY 8p
g LINE
F
S
77
� F
! r
� F
/ EWP/
OP 0�
PCS
d�l
nT 18
existing � 09CN
14' x 10'oposed deck
83 1 setback line
existing patio (same footprint as 6
iling
aA0
q� property line
q2 75' setback line
Ex�j�' Sw
5 � A \Oo VA
F_
BLACKTOP
DRIVEWAY
DESIGNED REV6YJN DATE DESCRIPTION
TI B -23-p STONE STEPS BY LAKE��� GRONBERG A950CIATE5, INC.
DRAWN
—� CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356
L _P=__4
— — — — — — 952-473-4141
12-OOBB
CARNANS BAY
g2cl.4 CONTOUR
LINE (O.N A.)
A)S�G`
1
60 �
LEGAL DESCRIPTION OF PREMISES:
Lot IB3, and the Southeasterly Half of Lot 1B2,
TAYLORS SUBDIVISION OF SPRING PARK LOTS
° : denotes iron marker set
denotes iron marker found
existing contour line
Bearings shown are based upon on assumed datum.
This survey shows the boundaries of the above described property, the
location of an existing building, driveway, topography, floor elevations,
and the location of all visible ''hardcover'' thereon, . It does not purport
to show any other improvements or encroachments.
I HEREBY CERTIFY THAT TNS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MNNESOTA.
DATE _____________ MN LICENSE NUMBER
T -ALE
DATE
> 8 No
12-0088
D
AS -BUILT SURVEY FOR
PLLAO OO[ -IES
OF COT 1B3 $ PART OF LOT 1B2, TAYLORS
SUBDIVISION OF SPRNG PARK LOTS
HENNEPIN COUNTY, MINNESOTA
211 x 4" deck boards
x 12" treated ledger
beam 3, 211x611_
6" X 611 treated post
Norling's
Proposed
%NOT TO SCALE
manufactured beam
BEAM- ANY SPLICES IN BEAM MUST
BE OVER A SUPPORT. ALL BEAMS
TO BE NALED TOGETHER WITH 2
ROW5 OF YD NAIL5 @ 6'OC,
r Z flash
LEDGER SAME 57E AS JOLSTS
INSTALL LAG SCREWS THAT
PENETRATE 1 V1MI INTO RIM
JOIST OR WALL STUDS.
(IpfVjaU __b4o 3/8, IAC SCREWS
building
NOTES:
ALL JOISTS, BEAMS TO BE TREATED DONDE A PNE
DECK BOARDS, RAILINGS, 5PNDELS, BAL-TERS BE Cf DAR Or composite
�p
NA'� A23�
Norling's
Proposed
,NOT TO SCALE
II pprailing
�� x �� bolus �erls no greater than 411 gap
2 x 411 210e�" boostds
6" x 611 posts
drift pin
42"
+ alt. tube footing
FY�Pj
94Pc'��OP D�
BLACKTOP
DRIVEWAY
'LONA
LOO
454 v
� "V'�333� THR�
G F4�V_gHyB
6;�
0
NORLING'S LADE MINNE ONK/
LANDSCAPES, INC.
ti P.O. SOX 361 SPRING PARK MN 55384
952-471-0255 _ wwrwnvrlir}8 net
NNNEOWA
S �
e„
SURVEY 9S�
LINE
�g
existing �09CT 11
141 x 101 oposed deck
83 etback�n
8from AL
.
eXlsting patio (same footprint os deck
iling
a5
U
from pity line
qp propertyIne
1°2 751 setback line
5 A \x001 W
� � NO
CARMAN5 BAY
g2q.4 CONTOUR
LINE (O.N.K)
LEGAL DESCRIPTION OF PREI'IISES :
Lot 183, and the Southeasterly Half of Lot 182,
TAILORS SUBDIVISION OF SPRING PARK LOTS
° : denotes iron marker set
denotes iron marker found
existing contour line
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property, the
location of on existing building, driveway, topography, floor elevations,
and the location of all visible ''hardcover'' thereon, . It does not purport
to show any other improvements or encroachments.
DE5K.NED REV610N DATE DESCRF7- I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT SCALE
�J
F WAS PREPARED BY ME OR UNDER MY DIRECT PYRV60N AND
23-12 STONE STONE STEPS BY LAKE SJ
GRONBERG $ ASSOCIATES/ INC. THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND
�RAIMN DATE
SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA
CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 8-13-11
cI-IecKED V 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 Xe No.
952-473-4141 1171 MN I IrFNSF Nu mala 12-003E
DESIGNED
DRAWN
CHECKED
2-0088
AS -BUILT SURVEY FOR
PILLAR HOMES
OF LOT 183 & PART OF LOT 182, TAYLORS
SUBDIVISION OF SPRING PARD LOTS
HENNEPIN COUNTY, MINNESOTA
(b
(,NG��
0,
N 4V 47, 5
3.8
0
0
0
0
REVISION I DATE
•
MANHOLE
.�� 00
3 Ar
1 1 8-23-12 1 STONE STEPS BY LAKE
I
I
I
I
II
v
I
DESCR}PTION
LAKE
MINNETONKA
k
f
t \
a \ "Sal \ Q
SLxRVEYOT\�
Ir
Ir
5 1X
o \ \ \ \ v
Ul
9 a .10 j�p Pq > \ I 1 1
$
'7 108
o, / 8rn0a
pa 1s 1 ! 1
I
WP�K
Q
CARMANS BAY
929,4 CONTOUR
LINE (O.H.'W.)
LEGAL DESCRIPTION OF PREMISES:
Lot 183, and the Southeasterly Half of Lot 182,
TAYLORS SUBDIVISION OF SPRING PARK LOTS
o: denotes iron marker set
• : denotes iron marker found
existing contour line
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property, the
location of an existing building, driveway, topography, floor elevations,
and the location of all visible "hardcover" thereon, . It does not purport
to show any other improvements or encroachments.
GRONBERG & ASSOCIATES, INC.
CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
445 NORTH WILLOW DRIVE, LONG LAKE, MN. 553516
952-473-4141
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA.
DATE L Z MN LICENSE NUMBER / 2- "T
SCALE
1"=20'
DATE
8-13-11
JOB NO.
12-OUSB
RECEIVED
AUG 2 3 2012
CITY OF ORONO
AS -BUILT SURVEY FOR Norling's
Proposed
P R O j I E +NOT TO SCALE
LLr/ ,\ JI�I rai ing
OF LOT 163 $ PART OF LOT 1g2, TAYLORSx ��bsr ters no greater than 411 gap
SUBDMSION OF SPRING PARK LOTS 2" x 4'2Ilexc ,looalsds
NENNEPIN COUNTY, rIINNESOTA G11 x G" posts
drift pin
42"
s alt. tube footing
NOTES
ALL JC15TS, BEAMS TO BE TREATED PONDER SA FNE
DECK BOARDS, RAILINGS, SFINDELS, BALUSTERS OBE CEDAR Or Composite
lop
Q200
LOT
NORLING'S LAKE MINNETONKA
�. LANDSCAPES, INC.
P.O. BOX 361,SPRING PARK, MN 55384
LAKE "M
952-471-0255 - wwwnorlings.net
NNNETOWA
\�
S �
ACJ'
§ 9 / 8<
$ / SURVEY 8p
g LINE
F
S
77
� F
! r
� F
/ EWP/
OP 0�
PCS
d�l
nT 18
existing � 09CN
14' x 10'oposed deck
83 1 setback line
existing patio (same footprint as 6
iling
aA0
q� property line
q2 75' setback line
Ex�j�' Sw
5 � A \Oo VA
F_
BLACKTOP
DRIVEWAY
DESIGNED REV6YJN DATE DESCRIPTION
TI B -23-p STONE STEPS BY LAKE��� GRONBERG A950CIATE5, INC.
DRAWN
—� CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356
L _P=__4
— — — — — — 952-473-4141
12-OOBB
CARNANS BAY
g2cl.4 CONTOUR
LINE (O.N A.)
A)S�G`
1
60 �
LEGAL DESCRIPTION OF PREMISES:
Lot IB3, and the Southeasterly Half of Lot 1B2,
TAYLORS SUBDIVISION OF SPRING PARK LOTS
° : denotes iron marker set
denotes iron marker found
existing contour line
Bearings shown are based upon on assumed datum.
This survey shows the boundaries of the above described property, the
location of an existing building, driveway, topography, floor elevations,
and the location of all visible ''hardcover'' thereon, . It does not purport
to show any other improvements or encroachments.
I HEREBY CERTIFY THAT TNS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MNNESOTA.
DATE _____________ MN LICENSE NUMBER
T -ALE
DATE
> 8 No
12-0088
Norling's
Proposed
SNOT TO SCALE
Z flash
2" x 411 deck boards
EDGER SAME 512E AS bSTS
II
INSTALL LAG SCREWS THAT
x 12 treated ledgerfROHS
a
PENETRATE 1 I/7' MINIMUM INTO RIM
beam 3, 211 x G11factured
beam
4%,JOIST OR WALL STUDS.
�0 3/8" LAG SCREWS
Y 5�
/ /
ID' x treated postCES
IN BEAM MUST
ORT. ALL BEAMS
GETHER WITH 2
ILS @ 0 O.C.
building
NOTES
ALL JC15TS, BEAMS TO BE TREATED PONDER SA FNE
DECK BOARDS, RAILINGS, SFINDELS, BALUSTERS OBE CEDAR Or Composite
lop
Q200
LOT
NORLING'S LAKE MINNETONKA
�. LANDSCAPES, INC.
P.O. BOX 361,SPRING PARK, MN 55384
LAKE "M
952-471-0255 - wwwnorlings.net
NNNETOWA
\�
S �
ACJ'
§ 9 / 8<
$ / SURVEY 8p
g LINE
F
S
77
� F
! r
� F
/ EWP/
OP 0�
PCS
d�l
nT 18
existing � 09CN
14' x 10'oposed deck
83 1 setback line
existing patio (same footprint as 6
iling
aA0
q� property line
q2 75' setback line
Ex�j�' Sw
5 � A \Oo VA
F_
BLACKTOP
DRIVEWAY
DESIGNED REV6YJN DATE DESCRIPTION
TI B -23-p STONE STEPS BY LAKE��� GRONBERG A950CIATE5, INC.
DRAWN
—� CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS
445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356
L _P=__4
— — — — — — 952-473-4141
12-OOBB
CARNANS BAY
g2cl.4 CONTOUR
LINE (O.N A.)
A)S�G`
1
60 �
LEGAL DESCRIPTION OF PREMISES:
Lot IB3, and the Southeasterly Half of Lot 1B2,
TAYLORS SUBDIVISION OF SPRING PARK LOTS
° : denotes iron marker set
denotes iron marker found
existing contour line
Bearings shown are based upon on assumed datum.
This survey shows the boundaries of the above described property, the
location of an existing building, driveway, topography, floor elevations,
and the location of all visible ''hardcover'' thereon, . It does not purport
to show any other improvements or encroachments.
I HEREBY CERTIFY THAT TNS PLAN, SPECIFICATION, OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND
THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF MNNESOTA.
DATE _____________ MN LICENSE NUMBER
T -ALE
DATE
> 8 No
12-0088
D
AS -BUILT SURVEY FOR
PLLAO OO[ -IES
OF COT 1B3 $ PART OF LOT 1B2, TAYLORS
SUBDIVISION OF SPRNG PARK LOTS
HENNEPIN COUNTY, MINNESOTA
211 x 4" deck boards
x 12" treated ledger
beam 3, 211x611_
6" X 611 treated post
Norling's
Proposed
%NOT TO SCALE
manufactured beam
BEAM- ANY SPLICES IN BEAM MUST
BE OVER A SUPPORT. ALL BEAMS
TO BE NALED TOGETHER WITH 2
ROW5 OF YD NAIL5 @ 6'OC,
r Z flash
LEDGER SAME 57E AS JOLSTS
INSTALL LAG SCREWS THAT
PENETRATE 1 V1MI INTO RIM
JOIST OR WALL STUDS.
(IpfVjaU __b4o 3/8, IAC SCREWS
building
NOTES:
ALL JOISTS, BEAMS TO BE TREATED DONDE A PNE
DECK BOARDS, RAILINGS, 5PNDELS, BAL-TERS BE Cf DAR Or composite
�p
NA'� A23�
Norling's
Proposed
,NOT TO SCALE
II pprailing
�� x �� bolus �erls no greater than 411 gap
2 x 411 210e�" boostds
6" x 611 posts
drift pin
42"
+ alt. tube footing
FY�Pj
94Pc'��OP D�
BLACKTOP
DRIVEWAY
'LONA
LOO
454 v
� "V'�333� THR�
G F4�V_gHyB
6;�
0
NORLING'S LADE MINNE ONK/
LANDSCAPES, INC.
ti P.O. SOX 361 SPRING PARK MN 55384
952-471-0255 _ wwrwnvrlir}8 net
NNNEOWA
S �
e„
SURVEY 9S�
LINE
�g
existing �09CT 11
141 x 101 oposed deck
83 etback�n
8from AL
.
eXlsting patio (same footprint os deck
iling
a5
U
from pity line
qp propertyIne
1°2 751 setback line
5 A \x001 W
� � NO
CARMAN5 BAY
g2q.4 CONTOUR
LINE (O.N.K)
LEGAL DESCRIPTION OF PREI'IISES :
Lot 183, and the Southeasterly Half of Lot 182,
TAILORS SUBDIVISION OF SPRING PARK LOTS
° : denotes iron marker set
denotes iron marker found
existing contour line
Bearings shown are based upon an assumed datum.
This survey shows the boundaries of the above described property, the
location of on existing building, driveway, topography, floor elevations,
and the location of all visible ''hardcover'' thereon, . It does not purport
to show any other improvements or encroachments.
DE5K.NED REV610N DATE DESCRF7- I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT SCALE
�J
F WAS PREPARED BY ME OR UNDER MY DIRECT PYRV60N AND
23-12 STONE STONE STEPS BY LAKE SJ
GRONBERG $ ASSOCIATES/ INC. THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER AND LAND
�RAIMN DATE
SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA
CONSULTING ENGINEERS, LAND SURVEYORS, SITE PLANNERS 8-13-11
cI-IecKED V 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 Xe No.
952-473-4141 1171 MN I IrFNSF Nu mala 12-003E
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2018
6:30 o'clock p.m.
ROLL CALL
Council
LA18-000053
Exhibit C
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair John Thiesse, Commissioners Bob Erickson, Dennis Libby, Mark McCutcheon, Chad Olson, and
Jon Ressler. Representing Staff were 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.
3. LA18-000053 EMILY NORLING, 3508 IVY PLACE, VARIANCE, 6:34 P.M. — 6:37 P.M.
Brianna Letnes was present on behalf of the Applicant.
Oakden stated the applicant is requesting variances for average lakeshore setback and hardcover that
exceeds 25 percent in order to construct a 10' x 14' deck on the south side of the home which abuts a
neighboring unimproved right-of-way. The plans show the stairs to the deck as the only new proposed
hardcover to the property. This deck would encroach in the average lakeshore setback, which is
established by the distance of the house to the north from the lake and would be located 78.5 feet from the
lake. The neighbors to the north have provided an acknowledgement form in support of the proposed
project.
The property is located in the Tier 1, Storm Water Quality District with a 25 percent maximum hardcover.
The property received a variance in 2012 when they built the home to allow 27 percent hardcover on the
site. The applicant is requesting 27.4 percent hardcover to account for the 55.5 square feet needed to
build the stairs off of the deck. There does not appear to be obvious opportunities to remove hardcover.
Staff finds there is practical difficulties inherent to the property. The property did receive lot area, lot
width, side yard setback variances, hardcover and average lakeshore setback variances when the home
was newly constructed in 2012. The lot is substandard in area and width.
The applicant is proposing minimal new hardcover with the proposed deck stairs and the proposed deck
will align with the existing deck and be constructed over an existing patio creating no new sightline
encroachments for the northern property. It appears that the hardcover variance is in part supported by
the longer than typical driveway to accommodate the long, narrow lot.
Planning Staff finds the proposed variance reasonable. The Planning Commission should review the
proposed variance and make a motion to recommend approval if the provided findings meet all of the
variance standards.
The Planning Commission had no questions for Staff.
Brianna Letnes, 3508 Ivy Place, Wayzata, stated she can answer any questions.
Chair Thiesse opened the public hearing at 6:36 p.m.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2018
6:30 o'clock p.m.
There were no public comments relating to this application.
Chair Thiesse closed the public hearing at 6:36 p.m.
Thiesse stated the application is pretty straight forward and the only question he would have is whether
the stairs could fit within the footprint of the deck. Thiesse noted since the deck is proposed to only be
10' x 14', it is likely the stairs would take up most of the footprint, which he would consider to be a
practical difficulty.
Olson and Ressler indicated they are in agreement.
Olson moved, Libby seconded, to recommend approval of Application No. LA18-000053, Emily
Norling, 3508 Ivy Place, granting of variances. VOTE: Ayes 6, Nays 0.
Date Application Received: May 23, 2018
Date Application Considered as Complete: June 6, 2018
60 -Day Review Period Expires: August 3, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: June 18th, 2018
Subject: LA18-000053, Norling Lake Minnetonka Landscapes o/b/o Kent Lentnes, 3508
Ivy Place, Variances, Public Hearing
Application Summary: The applicant is requesting variances for average lakeshore setback and
hardcover that exceeds 25%
Staff Recommendation: Planning Department Staff recommends approval of the requested
variances.
Background
The applicant and homeowner are requesting to construct a 10' x 14' deck on the south side of
the home which abuts a neighboring unimproved right of way. The proposed deck would be
built above an existing patio. The plans show the stairs to the deck as the only new proposed
hardcover to the property. This deck would encroach in the average lakeshore setback, which is
established by the distance of the house to the north from the lake. The neighbors to the north
have provided an acknowledgement form in support of the proposed project.
This property received lot area, lot width, side yard setback variance, hardcover and average
lakeshore setback variances when the home was newly constructed in 2012.
LOT ANALYSIS WORKSHEET
Section 78-350- Setbacks:
DISTRICT LR -1C
Required
Proposed
Rear / Street
30'
About 55' (No Change)
Interior Side (North)
10'
10' (No Change)
Unimproved ROW Side (South)
10'
10' (No Change)
Lakeshore
75'
78.5'
Average Lakeshore
83.7'
78.5'
Section 78-350 - Lot Area/Width:
DISTRICTLR-1C Lot Area Lot Width
Required 21,780 s.f. (0.5 acres) 100'
Actual 14,211 s.f. (0.32 acre) 75' @ 75' 95' @ OHWL
LA18-000053
June 18", 2018
Page 2 of 4
Section 78-1680 and 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
14,211 s.f.
3,552 s.f.
3,838 s.f.
3,893.5 s.f.
Tier 1
(0.32 acre)
(25%)
(27%)
(27.4%)
Applicable Regulations:
Average Lake Shore Setback (78-1279)
The Average Lakeshore Setback is set at 83.7 feet from the OHWL. The applicant has an existing
patio in the footprint of the proposed deck. They are requesting to build a deck over the patio
and stairs that extend around the proposed deck. They are requesting to be 78.5 feet from the
lake.
Hardcover Tier 1 (78-1700)
This property is located in the Tier 1 Storm water Quality District with a 25% maximum
hardcover. The property received a variance in 2012 when they built the home to allow 27%
hardcover on the site. They are requesting a 27.4% hardcover to account for the 55.5 sq. ft.
needed to build the stairs off of the deck. The deck hardcover is already accounted for with the
patio underneath and does not add the total existing hardcover. There do not appear to be
obvious opportunities to remove 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
applicant has worked to mitigate the encroachment by proposing the deck be placed
over an existing patio. The stairs will add 55.5 sq.ft of new hardcover to the property.
The new deck will not change or alter the sightlines for the neighboring property owner.
LA18-000053
June 18`h, 2018
Page 3 of 4
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for construction of a deck in a residential zone are consistent with the
Comprehensive Plan.
3. The applicant establishes that there are practical difficulties
The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The applicant is proposed to build a deck over
an existing patio and only increasing the hardcover on the property to construct
stairs for the proposed deck. The deck is located on the south side of the
property, abutting an unimproved right of way which will not intrude on any
sightlines to the lake in the average lakeshore setback. The proposed improved
seems reasonable for the property.
b. There are circumstances unique to the property not created by the landowner;
The property is unique in size and width and received variances in 2012. and
c. The variance will not alter the essential character of the locality. The requested
variances will not alter the essential character of the neighborhood.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as 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 property abuts Lake Minnetonka with
one neighbor set 83.7 feet from the lake on the north and an unimproved right of way
to the south. This property must follow the existing setback set by the property to the
north. The proposed deck is on the south side of the home away for the one neighbor
and should not interfere with the sightline of the lake.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The shoreline slightly curves and the lot is uniquely shaped with the
unimproved right of way bending around the west and south side of the property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The applicant has stated is improvement is
necessary to grant more accessible access to the lake.
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 topography, unique shape and
location of the property create practical difficulties affecting this property. The
LA18-000053
June 18", 2018
Page 4 of 4
applicant was working with the footprint of the existing patio minimize any
encroachment; the variances are necessary and do 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 there is practical difficulties in the property. The property was given multiple variances
in 2012 to construct a new home. The lot is substandard in area and width. The applicant is
proposing minimal new hardcover with the proposed deck stairs and the proposed deck will align
with the existing deck and be constructed over an existing patio creating no new sightline
encroachments for the northern property. It appears that the hardcover variance is in part
supported by the longer than typical driveway to accommodate the long, narrow lot.
Public Comments
To date, no public comments have been received.
Issues for Consideration
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?
Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
Planning Staff Recommendation
Planning Staff find the proposed variance reasonable. Planning Commission should review the
proposed variance and make a motion to recommend approval if the provided findings meet all
of the variance standards. The Commission should discuss how firmly they should apply the
hardcover limits.
List of Exhibits
Exhibit A.
Application
Exhibit B.
Practical Difficulties Documentation Form
Exhibit C.
Existing & Proposed Site Plan and Plans
Exhibit D.
Submitted Hardcover Calculations
Exhibit E.
Property Owners List and Map
AGENDA ITEM
Item No.: 13
Date: July 9, 2018
Item Description: LAI 8-56 Black Bear Builders o/b/o Chris & Leslie Neugent,
710 Big Island, Variances, Resolution
Presenter: Laura Oakden Agenda Consent Agenda
Planner Section:
1. Purpose. The applicant is requesting variances for hardcover and a retaining wall in the 75 foot lake
yard setback.
2. 15.99 Deadline. The application was submitted and deemed complete on June 14, 2018. The
application will expire after the 60 -day review period on August 13, 2018.
Background/ Summary.
The applicant proposes three improvements within the 75 lake yard, labeled A, B, and C on the attached
plan. Improvements A and B are permitted by code, no variances are necessary. Improvement C
requires a variance and is the subject of this application.
The property owners are requesting the retaining wall and hardcover variances. The property currently
has a small path with a retaining wall to access the west dock. The retaining wall is failing and the path
is significantly slanted. Included as part of the proposed improvements are extensive landscaping
around the shoreline and throughout the property. The improvements include easing the slant of the
walkway, and repairing the retaining wall. The retaining will will be slightly longer. They are also
proposing to remove 4 trees within the 75' lakeyard and they will plant 8 native trees in various
locations in the lakeyard. Please refer to the landscape plan exhibit for further detail.
3. Planning Commission Vote and Comment. On June 18" the Planning Commission held a public
hearing and discussed the overall project and gave a unanimous vote for approval for the proposed
variances.
4. Public Comment. No public comment was received.
5. Staff Recommendation. Approval of the variance as presented.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the approval resolution.
Exhibits
Exhibit A. Draft Resolution
Exhibit B. Project Map
Exhibit C. Proposed survey and plans
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
Prepared By: LLO
Reviewed By:J. Barnhart
Approved By: AMC
AGENDA ITEM
Exhibit D. Proposed Plans
Exhibit E. City Code 78-1282
Exhibit F Property Owners List and Map
Prepared By: LLO Reviewed By:J. Barnhart Approved By: AMC
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1680 and 78-1279
FILE NO. LA18-000056
WHEREAS, on June 14, 2018, Christopher Neugent and Leslie Neugent
(hereinafter the "Applicants"), applied for variances from the City Code for the property addressed
710 Big Island and legally described as:
That part of Government Lot 6, Section 22, Township 117, Range 23 West,
described as follows: Beginning at the intersection of the East line extended of
Recreation Point (now vacated) with the shore of Lake Minnetonka; thence Westerly
and Southerly along the shore line of said lake, to its intersection with the Southerly
line extended of Lot H, said addition, vacated; thence Southeasterly through a point
marked with a judicial monument distant 165 feet from the Southeast corner of said
Lot H along the Southerly line thereof, to the Southeast corner thereof, which corner
is marked by judicial monument; thence Southeasterly in a straight line to the
Southwesterly corner of Lot T of said addition, vacated, which corner is marked by a
judicial monument; thence Easterly along the Southerly line of said Lot T to the judicial
monument,; thence North along the East line of said addition, vacated, through a point
marked with a judicial monument distant 320 feet from said Southeast corner of said
Lot t, to the point of beginning (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1680 to allow for hardcover in the 75 foot
lake yard setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow the reconstruction of a
retaining wall in the 75 foot lake yard setback; and
WHEREAS, on June 18, 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
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
WHEREAS, June 18, 2018, the Planning Commission recommended approval of
the variance; and
WHEREAS, on July 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 #LA18-000056. 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 RS Zoning District.
3. The Property contains 2.38 acres in area and has a defined lot width of ±380 feet at the
75' setback and ±460 feet at the OHWL.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance[s]:
a. Hardcover in the lake yard
b. Retaining wall in the lake yard
6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
upon the health, safety and welfare of the community, existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, and the effect on values
of property in the surrounding area.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The variances are minimal and designed to appear as grass
or pervious areas and generally consistent with the intent of the ordinance. This criterion is
met.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The requested variances are consistent with the residential goals within
the comprehensive plan. This criterion is met.
3. "Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in
connection with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the official controls.
The owner proposes to install Improvements which are residential in nature and
reasonable from a residential scope. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his 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, 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 locality. This condition is met.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This condition is not applicable.
6. "The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located." This condition is not applicable, as the use for a residential cabin is an allowed use in
the RS District. This criterion is met.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This condition is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The property is an existing lot of record and
contains a large number of mature trees for screening. The topography of the property
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
increases as it moves away from the lake and the owner feels the proposed improvements are
necessary for access and are logical and will not adversely impact adjacent properties. This
criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The property is situated at the northwestern most point of the island. The
applicant's proposal does not appear to be out of character with the area. The slope is beginning
to erode and walkway have become unsafe creating conditions which do not apply to adjacent
properties. This criterion is met.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting a lake setback variance to allow the
retaining walls within the 75 -foot lake setback and hardcover in the lakeyard is reasonable and
necessary to preserve the property rights of the owner for access 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 and hardcover variance for allowing the retaining walls and hardcover 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 and hardcover variances to permit the
construction of a retaining wall and hardcover access improvements within 75 feet of the
OHWL. This statement is true
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1680 and 78-1279 to allow for hardcover
and a retaining wall in the 75 foot lake yard setback, subject to the following conditions:
1. Council approval is based on the entire record, above Findings. The approved project shall
conform to the site plan and building plans submitted by the Applicants and annotated by
City staff, attached to this Resolution as Exhibits A.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
3. 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 zoning permit must be
issues within one year of the date of Council approval, or the variance will expire on that
date (July 9, 2019).
4. 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 9 day of July, 2018.
ATTEST:
CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
MPER &ASSOCIATES INC.
PROFESSIONAL f.TTID SURVEYORS
7 Lj� Tri i�r� iZ Pn 0PER�/
— -� 1 11 11 1 �I L, u E V it 1 1
""w�"'
"Mo710 BIG ISLAND
CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA
(PROPOSED HARDCOVER CALCULATIONS)
\ LAKE MINNETONKA
LAKE MINNETONKA
,w.�..,��..ax,.»,.nP9„n,,.9„
/� \ — — _ _ _ — — —
/ /� _ .: �. �,.; — 9 .—A 1z•_E. � err
II
�. �a
4r 10'
p•
'>- 55-7" 4
LEGEND
_ LEGEND
18' ✓.yv ��
w k w m9i oeww �� B
l
!/ �•�'
�c ":"`/ II ��-
LEGAL DESCRIPTION
CERT111CATE U TTIE NO 1406666
n°xz.
rn,
-'" . �
« , ani 0� .�. -- n.n,.w,a — T� r a,�;`
"vl
en% I
•G,dpL
%'°�.�'bi9�u�µa �wu
°
m
x1 s»•« /-J -
710f
9 AND
J$�i 9
Ish
u
I
.n.. _ • —__ I,r ` .a, n.«+�,aea°m
n
n arna u XE� r .ar
u:oam
.,.,° d m
Ow \\ 1 O O — •J .rte J W +ppbb
=a=w
AREA SUMMARY°`F �
vl6xcr maEan (io'''aa s,.mr na w.1ia Liii>
ZONING REQUIREMENTS
• e.. \ « �' t
�.. e\
v 1 ". E , _ _ o
S9 DOsIFDSLSsxoaF)
xe snlea w.u�(smncsa n.
- T'! 30. ft
r
AL (sxwe) ; Er
3 mns . so rt.
Cu, (SxOxE) -�M 50 R
mw a mme.rna.>o« .wse
y r.w °" I I
aaovosm sacxx w. rt
MEs�ooP� I.
� \a i, • :�..,.. �n I
moscn c.a
ffrtR ��)MEA r0 OaW1MY
s
MPETMQUS SURFACE COVERAGE WITHIN
73' OP MINMY HIGH WATER LEVEL
1
81'4
a05t
• .� /
/ \µ - _- - 203° a
& LEWE WHEW
w:r°u'4:. CO M_
nWH" �irtsor�soaE+,swa zoo
VICINI sc MAP
PwaM„wrvN`1Ml�EoiA
1�w �•n�..� mow"`•° m I
T,UI
µM
_ wa.vwemn _ �w a x
ERTIFICATE OF SURVEY
,84G�
Owtxu9wl wnd ,9A>
�„NN1E,T•••``` ,m�Lw.
(
West dock
°y
Rip rap
Metal Arbor
Flag pole
Dock and stairs
Fire pit I
Pnrrh _
Beach
Brick oven (ruins)
50' setback line ti
drainage runnel
p
� Cistern &Bath
Leach field
A, A Cleanouts
ID
Notes:
75' setback line
s[udIo IN 1176
f Existing Site Layout 0
TSUKE Big Island Landscape Project 1" : 40'
New Trees
West Dock
Renovation
Woodland Edge
Plantings
Zetative
e r
lic-
0 �
Fire Pit
Entry Walk
l �A
Foundation
gardens
1
iW4
Trees
Savannah Plantings
11 J
Iq_
Woodchip
paths
Additional
planting
areas
Access lane
Rigid plastic
geogrid grass pavers
Access lane
Rigid plastic
geogrid gravel
pavers
Additional
planting
areas
♦— Woodchip
paths
Additional Calculations:
Subject property: 103,738 sq. ft. to OHWL
Existing Hardcover - including current remode
project (from survey): 4,028 sq. ft.
Proposed Riprap Ext: 247 sq. ft.
Proposed Grass Access lane: 480 sq. ft.
Proposed Gravel Access lane: 284 sq. ft.
Proposed Gravel Access walk: 178 sq. ft.
Proposed Entry Walk: 220 sq. ft.
Proposed Paver walk & patios:1010 sq. ft.
Total Proposed Hardcover: 2,419 sq. ft.
Added to existing hardcover: 6,447 sq. ft.
Property area coverage: 6.2% of lot area.
Hardcover surfaces within 75' of OHWL (from
survey): 712 sq. ft.
Proposed Entry Walk: 220 sq. ft.
Proposed Riprap Ext: 247 sq. ft.
Proposed Grass Access lane: 480 sq. ft.
Proposed Gravel Access lane: 284 sq. ft.
Proposed Gravel Access walk (partial in 75'
zone) : 92 sq. ft.
Proposed Rebuild of retaining wall & path to
west dock (net additional): 125 sq. ft.
Total proposed hardcover surfaces within 75'
of OHWL: 1,448 sq. ft.
Additional work within 75' of OHWL:
Proposed vegetative buffer: 5,500 sq. ft.
Proposed Trees removed: 5
Proposed Trees planted: 9
1. Overall Site Layout 0
studio �
TSU KE Big Island Landscape Project 1" : 40'
Taller
Shrub
plantings
�— transition to woodland
edge plantings
---------------
Shrub
plantings
1
1
woodland edge
& understory
plantings
Low
Shrub
plantings
Blue Beech
Red Maple
i
yam
Shoreland Plants to include
Fireworks Goldenrod
Sedum Autumn Joy
Black-eyed Susan
studio'(' IN
TSU KE
Catmint
Penstemon Husker Red
Liatris Kobold
Sea Lavender
Joe Pye Weed Gateway
ite Oak Ironwood
Echinacea varities
Purple Dome Aster
Marsh Milkweed
Allium
Stiff Goldenrod
Current vegetative cover is turf lawn to the top of the riprap wall -- directing runoff straight
from lawn to lake. Proposed vegetative buffer will introduce a vegetative buffer strip, from
8' to 20' in depth, above the riprap walls. This vegetative buffer will be planting with native
shorland species and adapted cultivars. The goal is a natural grass and forb buffer, rather than
a manicured garden. This will provide filtration of all runoff from the yard, and allow some in-
filtration as well. Some shrub plantings will be planted within this buffer area to provide some
screening and provide some year-round visual edge.
In the southern and wooded area of the property, the buffer will transition to understory and
woodland edge plants that are more tolerant of the shade.
The planting and design relies on the best practices as outlined in the Landscaping for Wild-
life and Water Quality published by the MN DNR and The Lake Minnetonka Guide to Shoreline
Gardens, funded by the Minnehaha Creek Watershed District.
Disturbance for planting to be kept to a minimum. Planting will be plugs and seeding.
Little Bluestem
Autumn Moor Grass
Prairie Dropseed
Tufted Hairgrass
Korean Feather Grass
Gro low Sumac
Smooth Sumac
Serviceberry
Dwarf Bush Honeysuckle
Arctic Fire Dogwood
Shoreland & Woodland Edge Plantings
Big Island Landscape Project
U
/ 1\
/ 1
I I
,
1 �
�— transition to woodland
edge plantings
---------------
Shrub
plantings
1
1
woodland edge
& understory
plantings
Low
Shrub
plantings
Blue Beech
Red Maple
i
yam
Shoreland Plants to include
Fireworks Goldenrod
Sedum Autumn Joy
Black-eyed Susan
studio'(' IN
TSU KE
Catmint
Penstemon Husker Red
Liatris Kobold
Sea Lavender
Joe Pye Weed Gateway
ite Oak Ironwood
Echinacea varities
Purple Dome Aster
Marsh Milkweed
Allium
Stiff Goldenrod
Current vegetative cover is turf lawn to the top of the riprap wall -- directing runoff straight
from lawn to lake. Proposed vegetative buffer will introduce a vegetative buffer strip, from
8' to 20' in depth, above the riprap walls. This vegetative buffer will be planting with native
shorland species and adapted cultivars. The goal is a natural grass and forb buffer, rather than
a manicured garden. This will provide filtration of all runoff from the yard, and allow some in-
filtration as well. Some shrub plantings will be planted within this buffer area to provide some
screening and provide some year-round visual edge.
In the southern and wooded area of the property, the buffer will transition to understory and
woodland edge plants that are more tolerant of the shade.
The planting and design relies on the best practices as outlined in the Landscaping for Wild-
life and Water Quality published by the MN DNR and The Lake Minnetonka Guide to Shoreline
Gardens, funded by the Minnehaha Creek Watershed District.
Disturbance for planting to be kept to a minimum. Planting will be plugs and seeding.
Little Bluestem
Autumn Moor Grass
Prairie Dropseed
Tufted Hairgrass
Korean Feather Grass
Gro low Sumac
Smooth Sumac
Serviceberry
Dwarf Bush Honeysuckle
Arctic Fire Dogwood
Shoreland & Woodland Edge Plantings
Big Island Landscape Project
U
/ j
- - ''•
'� (01/21AMS)
Plant 1
Re<Maple
a
f UND£NCITY
OF 01
�
``� Want 1
s„ Plant 2
s ue beech
Ironwood
t
4
RING
~
REST NTNG 'i,92&9 EEv..
1
° Ian
wAI
Remove 1
-.
e
e be h cn,/7,/zols
g
155," G re en Ashy
`
` 9' CEDAR
RETAI NG -
WALL
°
ORDINARY
12" +�u
'
HGGH WATER
Remove 2
a`
LEVELBOULDER
(929-4 NGVD 29)
w LINOENS RE LL
M
�
-1r PCE..
�� ~-
Remov 1�3q
21' x-236 �L1
_
9" Cedar .
o_
1B" MAPLE
2121. 21' �
� � STEEPS '
957
ant
`-'s-
1117 _ r
TE: PROPC15ED SILT FENCE
Whl
BE PLACED BETWEEN INE 21r
100KC Aun tsu I Ave AuwuC
IIAPIE t �s 9- CED
— Y'S
Tree removal and planting plan at point
{HCVD 24 ELEVATIONS AS PIER uINNE50TA i?&MTMENT
OF NATURAL RESOURCES -LAKE FINDEr 111111 1Ej r �
� --Bern ova
_ 15" Linden
Kem,Qye
12" Green�As �wom*
-- 929.4 -
- - _ 930 .15 E,
931
=�J3
9' E:INDEDf
BOULDER fAIKK
STAINING
ALL
k FIREBOX 12 MAPLE
Tree removal and planting plan along north shoreline
stud 1011111 0—t
TSU KE
List of Tree removal and replacement in 75' area from
OHWL:
" - Removal of two Blue Spruce showing signs of illness.
Removal of two Green Ash growing on the edge of the
` riprap and subject to EAB.
Removal of one basswood that will likely have root zone
'Y disturbance because of riprap extension.
Planting of 8 new native trees:
3 Ironwood (Ostrya virginiana)
3 Blue Beech (Carpinus caroliana)
r 1 Red Maple (Acer rubrum)
1 White Oak (Quercus alba)
41
Green Ash -
Blue spruce - showing effects of Cytaspora
Green Ash
Shoreland Tree Removal and Plantings O
Big Island Landscape Project
stud iof-4SM
TSU KE
The current retaining wall and path to the west dock are in disrepair and in need
of renovation. The materials used for the retaining wall are not suited and the wall
is poorly constructed. The path is too close to the edge of the water, and severly
cross -pitched. This contributes 100% of any precipitaion directly into the lake as
runoff. Additionally, it is becoming unsafe for walking, as the ueven stones and the
cross pitch make it a tripping hazard that drops off into the water.
The proposed solution is to rebuild the wall using larger stones that are more
appropriate for a wall. Additionally, moving the walkway in from the edge of the
lake serves multiple purposes: it provides a buffer planting strip that will help filter
runoff and those plantings will also help make the space feel less like it is pitching
into the lake, The proposed vegetative buffer above and below the renovated wall
and walk will serve to soften and hide the hardscape.
In order to build the wall correctly and replace the path in a better configuration, it
will be necessary to remove slighly more area than is currently disturbed. The wall
will need to be slighly taller at the south end to accommodate the slope that is cur-
rently slumping with the derilect wall.
West Dock Renovation
Big Island Landscape Project
U
� JL
Existing alignment
Current
alignment
(dots)
Proposed re -alignment
T T
I I
I
I
I I
I
I
I I
Water
line
I I
I I
NI I
4„ wide
path ,
I I
I I
Water
line
Section showing old and new alignments
f;fMIM MU West Dock Renovation O
TSUKE Big Island Landscape Project
Poo vzaky-
MPER & ASSOCIATES INC.
PROFRSSIONAL LAND SURVEYORS —
R
THE N E U G ENT P P ER.TY
1 \.Q
`S
E am .6n °+. EYJ(s •5i,1 // "'. � � (a R,/roc)
FAX651J631 d6C3 -;
�,
710 BIG ISLAND
: •
Lp
CITY OF ORONO, HENNEPIN COUNTY, MINN SOT_A " /V�\�('Orv�`
-
wm,�Xn».
lJ`�� lf
(PROPOSED HARDCOVER CALCULATIONS) _ V��
(SSS
- `'19d
--1 ;wcwm
LAKE MINNETONKA
�
Iw.�[wE�a
SnrwttPUWCho
,,,,
�e.xao euY rwx•N ¢Ev,n
i
`�'I�''°m.X�a «R
LAKE r
w3 addax maN) __
a
IMINNETON
rarxA 1
WwW�M
aedxur wqe wAsn a .-..; f - .. n .... '.
J •. � - .N —.— _ -.—
'
{p•
l' : �
lo�iaXrtwu n[noxs wrtwrX aFA,w,uNlT 1 / _
1 h: /
OP aY 1
NA
, i .
4
D:,,.� ro a.wA„Aw. r !' t `•..ik,�y2.
° k - 1
Ed
`-, ,.
,.r)
'A r .. ,..,X
�� -,.
-
! %.'
-_,._ - _.. � t J. ..� f'yr .. !i"(' IR �.,`
� pw�mclRrr
r.►
,'wxesEeY�
.rro'
$
NCR".MEAs1EPl' sUE OG 71. &G ISIAND
LEGEND /
�" Y� A4 I •1
{: ti.S
CTY OF ORONO. wENNEPIN C"m . MWNESOTA
rtm n aw
wpaP
/•, — 1. / O»
LEGAL DESCRIPTION
w )
III,
f 1.W o.:x
, ..`
CERTIFICATE OF TITLE NO 1408866
{
I!' `
I
Po,t e• GAYeI Lot 6. S-1' 2. --Pp iT
Ra . eeea ee o
wan
Pim !m f the E,,t Ilnece tx[dd bf It xlanl Prnt
a- „cxr�pru�e.,n [wce
awns w,Ansxx .:.
// /!
r ,\ i
»oF p y axaaa(.°Knoll
9' °iii �! 11 3• t �' �'
{,
I
('ro —td) W R, IF. eh— of Lek. Mina.tonko; then..
W M P a Saethwly aknt th. chx. III. of W 'akn
tP t. s.alm rntn m. txWW of
c"".e aro,ms: me e•t /
M ne., T /
a{BA l PROPOSES)
xvx» >' 'cx p,.'-
a �nRA6E X44I ( i
{
iE th.,
eo k e oadlrw., .acos.a. en.n sora, owt9n
y, o Iwl.t mmxw mlh a�;nee:4 m9�,tTd:xa9t
ccwtae XEsa. ..
,m [eau I& -T
PI m.awv non a, a,cq a.2 ( 'R .. ``.
NMI-: ( ! fi[ -. \ "! •
77O�61G ISLANDS•.»� ,,,
s sac
crca,'n xtEowa YpPp °'` 1 a
r s0. r,: Y f ) : ,•
a '
- -
lest rwn u. s»dnea.L . f sad tel x as
'. sa�lherlY Rne three.[to 'ne S-1heost ca
_ my H,n
ty—I. ehlch nx 6 naked by
FRf V
x•aoeaEo aLr r.,q (°>r s) •. •1 i L ACCITION Y �
r
m',wlwxncar fw.osw 1 �.7 S $�sf
w,,,,a+ xaa
...I� $
•),dN
t':e.,x 4ullh.astwly in o s4auht Ma to lha
SwUasatalr,ear'.r N Lot T of aa4 odOlwn, vocatad.
x ma D a edc, t <n e
,, ...j
• «
• S •,.. {. ,.: ,[u
av xtn.a
.u. S a: 1° •• •"._ - I r
-'—
E NI, 9 n. 5ovtn[ryRw w nl u Rol i .n
South t ih[Yeol, nen eam ed by e
4`' -._ , : .` ""
Fae,r L(���)..
W I mumenL. tn.n.. North dont th I e of
vacated, enrouth Pant naked r
I e,
a,
<_^�
:D., � �- "
a i
-H
tk
—. 1
7vdk: of maned U t d.ta+l 320 feel ham - W Saulhaa,l
of dad lot I.to tM1< Pant ok
AREA SUMMARY �nxt
/�// " Np •• . `7\
3 -
'A
BIW t G 4 I' - w
II .. 1
z
�:1
W ndal
SJGT PROPERTY . x103,TJB 5Q FT. OR S2 SB ntltES
&ELTO ORiWIARV HIGH WA1Ea tEtEU
ZONING RELHI(REMENTS
•} ... _..-
..,! -. -• l t x r I -. vw
i�
M .!
E i ,O HW SE FW N§INT . i ]73 SRh rT
M.
(
_. w - _ . „a,.
PROP]SED nco.smcTEO NOOD PORCH h STEP, -
ro uR'wxLv Henn -
w- sw�
i •. • ,tea
)
T
522 E0, FT
E(.ST YG eDJO STOOD S STETS . 9l 50. IL
w ` •s; -,�
!
a s1iWnE alllx r¢r ��
,1 .l -1� ,:. � f t \ `_ �' arA L � , % I 1
R} 1 f --'`. �...yA, 1` (( } \
Er51% CELLAR BULKHEAD - 64 SO. FT.
EA. NG -,HED FOOTPRINT . 39 SO. FT.
G ETE PAD = 20 SG. FT.
E. STONORE
E%3 tG sTIXRE WALL 'SEPTIC) i! S0. FT.
euuwo Ym an .
�
l •. _ •;
1
:
O�w "
-I �.i i R A
vifAff s1EG5 :SNORE) = 72 SO. FT.
owxWw w^,, wXree FW[ - n RCt( -...
..-Jr
�J 1
Ex.ST',GBOLIM WALLS (SHORE) . 278 S0. FT.
E, ST•,G STONEWALLS (SHORE) . 73 % FT.
EXSPNO LANESOE CANOPY (SHCREI - 273 SO. FT.
__j
5
E)IST W TIRE ON 19 SO FT,
eAZFa ao e¢i w rwN�,ua : ne, ,o rtm
ra
f�/
. f"� y' 1 - .- -
(SHORE) .
PROPo o B .GING 9r,OIT10N . 81 S0. F.
PRGPDsen SrnEEN POACH . 158 FT,
MXrt'q�P,l
-.�
4 ��
R
PROPOSED ADO W000 STOOP . 10 $0. FT.
ax W. [moo aa¢
° r \ , i ( ' •I
PROP]SEO -PA.. 9!B Sf1 FT
,x»Aw1 inWC WNL CXRm
aoFurL oo eHei
µg v� �i ,1 ✓Ht[
)i I . ! °v lS
ca.'aec,y, a
H r
'A I
)
;
..
OCPfOSPED 4 11R...s -FACE CORT00Fi
M(L:
WxX[Ol uwaaer A[xflmA mne '
rt,x a Xxv awo awns w ,xr
xr,[acwaCOs¢ L
e Fu art a arta a.a
•�. `^ .j
ra v•awi _• µ ,�, rt ..
l
,P aeww ` IIppa'
J.
.9P5 YEPTT AREA TO ORCINAR
I Ol, WATER LEKL)
�' ; m aFrw Art Nu ,e m w [na) ors
=61 I ,,_� ( '). • � -L- _ .-rte-L}
/ / r /,
-.
t
0Yy 4_x X $ 1 %i ; $ I
�
OSURFACE COVERAGE WITHIN
76 OF ORDINARY NIGH WATER LEVEL
me s (_. ) - re sn Fr.
_ � { •w ' �•` K,r.F a[sA.r wrw,An mw ..Xe ww.emxX
/ _ n✓'
A6`' aAnr ua 4 /r�o.. L, z � � � �T � •'•.7 f � J . 5 I
-
sww TM,Qrt,exs R.
2» 9A
Is,at) . as sae
-.�-.-
)YB .....I
_. en 1 •' YS�
l�-
.. .... • 41STE
T
)! con
/,
�'
-
`
.�AIRPRY TA >.
`
J d •7 '`r I1.'
A,p,L1µ
as.[
PREPARE..CR:
f
CHRISTOPHER & LESLIE NUEGENT`S°'
2110?cants wNREEN
�a
- _
s5svl
ARCH
i` •,.:
r•
3 :
c ttG(... eblM9nq .,
a __ .� - -
' I
DALEI WILTING R. FAIA
3528 EAST HEN TS, IN. AVENUE. 200
MWNE WSS.3M NESOTAA 414
k6AN 812-519-0001
VICINITY MAP'----•-
Sq)THWESTERLY
'rp
A9.fGr HwKRYr a[] •M+ h69a toK#',¢•
T°
,�SFpFMlNpI� ,xY uw
uviL
s DE OF 710 BIC 19.AND
(NO SCALE) CIN OF ORONO, HEIJNEPN COUNTY, MINNESOTA
¢
1 N�iRA�TdimeYiNii'wNiiE a C� x I $
pa 1
h 'LLJi '�rtx�ie»avr�ro�.,rto [s
MCi=SEIOYt..f .. aim
�!M09LWYEtER
ERTIFICATE OF SURVEY
(�_»¢Tewa�iean ,K[aa I �
xa.°umNHx <aA.M N.,Hwm
=.
� � swM��WM�iax xf .�
18407 A
�rRR r) Y,0;1.
iA
rix
mWm sdteFx R4rwi ronrr»ie
n. waw m ff *,;,nor
wiX�ro•
rf1111111 dAl,n aY %�w ��-e°w
Z
KEMPER & ASSOCIATESINC.
PROFESSIONAL LAND SURVEYORS
721 OLD HIGHWAY 8 N.W.
NEIN BRIGHTON, MINNESOTA 55112
651-631-G351
FAX 651-631-8805
ernail: kernperOpro-ns.net
www . kem persu rveys. corn
LAKE MINNETONKA
HIGHEST RECORDED ELEVATION -931.11 (06/23/2014)
LOWEST RECORDED ELEVATION -921.78 (12/16/1937)
ORDINARY HIGH WATER LEVEL -929.4
(NGVD 29 ELEVATIONS AS PER MINNESOTA DEPARTMENT
OF NATURAL RESOURCES 'LAKE FINDER- YffE'SITE)
LEGEND
-941D-
EXISTING CONTOUR LINE
X9'36.#4
EXISTING SPOT €LEVA7ICN
MH
MANHOLE
PP (>
POWER POLE
EM N1
ELECTRIC METER
CO v
CLEAN OUT
- OH -
OVERHEAD UTILITY LINES
.11¢ICIAL-,..,.�- ••�
M4NLI}AENi
DENOTES DIMENSION
(M)
MEASURED DURING THE
-ii-;-
COURSE OF THIS SURVEY
DENOTES RECORD
(R)
DIMENSION AS PER PLAIT
AND LEGAL DESCRIPTION
,.'
PROPOSED SILT FENCE
AREAS Or PROPOSED
i
CONSTRUCTION
ONLY TREES LARGER THAN
9 INCHES IN DIAMETER ARE
SHOM HEREON
ZONING REQUIREMENTS
- 4 �
SHORELINE
BIG I
d {°` 12 I ,
LADEN •., � . CITY O ORONO, HENNEPIN COUNTY MINNESOTA.
(PROPOSED HARDCOVER CALCULATIONS)
k
LAKE MINNETONKA
FIRE ®C7CILDER ICE ELEV.
g RWETLALINING $2g g HKHEST RETARDED ELEVATION -931.11 (015/23/2014) 100 --YEAR FLOOD ELEVATION- SHORELINE
!!!". 931.5 (NG1D 29) i
LOWEST RECORDED ELEVATION -921.7'6 (12/16/1937) (ESTABLISHED SY MRNNEHANIA -
(p,
CREEK WATERSHED DISTRICT) y� -
+
5T01#E 933,:.x' --`
ORDINARY HIGH WATER LEVEL -929.# ®-
4. 9' CEDAR t STEPS yJ ' r+ HINT OF T25ECTlEGNNING
BCULOER t
(NGVD 29 ELEVATIONS AS PER MINNESOTA DEPARTMENT � � i�.4'
+ I X OF NATURAL RESOURCES 'LAA{E FINDER' IIEBSITE) - LIN€ yr RECREAtION
0H OF EAST
RETAINING - I I r :.w - , �+, POINT, VACATED, WITH
i WALL - - { r �� '� �" MIRE THE SHORE OF LAKE
- �,
FENCE MINNETONKA (ORDINARY
HQH WATER LEVEL))
f ; + 'LlRDIN RY 17' SPRUCES
++ HIGH WATER �'r _- 930
(029.4 LINDENS 5 RETAIHIN SOUILDER` MAPLE "�-r- X1 _4 - _ -
(929.# NGVD 29) �,:,FI _ - - IND
-
WALL,F 934 - - I t5:'kANE7E' e - `
LIN N DAL
t '.` _931 - - - - _ .� - d - -_ `f hl UWENT
15 IAAPLL +, 9wfi} �" - �' 932 X931.5- - „ �- -
_ -
ORD
! 21' 2 ° MAP
y - /�+ - - - - 935' - -_ -_ WOO—
936- -__ IE+iR_ -- LEVEL l I I
I 21 n / v' MOULDER -934 -- - _ �~- / (929.4 NGVD 29) °
s I i8' MAPLE 2,- TONE - y l -- x 12- MAPLE
rEPS _ RETAINING ,q - _ - -
1Q�YEAR FLOOD ELEVATION= \3T` %
931,5 (NGVO 29) - 18. -
2 OAK
(ESTABLISHED BY MINNEHAHA 16 MAprE _ - lE: PROPMD T FENCEI 21` MdaPLE 1r a Eh" C�hd2 1�
MAPLE•.. ti �,, j
CREEK WATERSHED DISTRICT) j� -; BE PLAC€D �ET'tYEEt9 THE a fro,
! ' NO4a5E ANIS TIS -IJ ISE AtiliMiE ¢z'+ +6t ORICY I + 12 IAAPLE ! t
I '' ESRC 4i{ATM7] �5 Ta?•. TAKE. PLACE is 9 RULE '- .I 12� MAPLE i ~ + t -PRIVATEA
f 12" CEDAR } Cro - ev t I I PROP
9315 Iwd 'ti. lEs' MAPLE is SIGN
t car
FNREBOX
yq{ 1 I � ER
2+1" QAAC I - y , o
ICE ELEV.- �* T `t 6 C DkdTS -9,ty, 1`5 OAK 0 � I� 12' ltAPLE
9213.9 la a.
�' orf
I +
ZONED RS - SEASONAL RECREATIONAL DISTRICT
SUBJECT TO FLOODPLAIN MANAGEMENT
SIIBECT TO SHORELAND OVERLAY DISTRICT
MINIMUM LOT AREA - 5 ACRES
MINIMUM LOT WIDTH - 200 FEET
MAxAMUM HARDCOVER - 25% (TIER 1)
MA)3WUM HEIGHT - 2..5 STORIES OR 3O FEET
BUILDING SETBACK&
SIDE - 50 FEET
ORDINARY HIGH WATER LEVEL - 75 FEET
ACCESSORY STRUCTURES.
NO ACCESSORY BUILDING OR STRUCTURE IN
AN R DISTRICT SHALL EXCEED THE HEIGHT
OF THE PRINCIPAL BUILDING, NOR SHALL
ANY ACCESSORY BUILDING OR STRUCTURE
EXCEED 30 FEET IN HEIGHT
NO ACCESSORY BUILDING OR STRUCTURE.
UNLESS AN INTEGRAL PART OF THE
PRINOPAL BUILDING, SMALL BE ERECTED,
ALTERED OR MOVED WITHIN 10 FEET OF THE
PRINCIPAL BUILDING, NOR WITHIN 10 FEET
OF ANOTHER ACCESSORY STRUCTURE
NOT MORE THAN TWO ACCESSORY SCHLdIINGS.
USED FOR STORAGE,, SERVICE OR OTHER
NCNHASITABLE PURPOSE, NO SUCH
INDIVIIDUAL BUILDING SHALL EXCEED
1,000 So, FT. IN FLOOR AREA, AND THE
SUM OF ANY Two BUILDINGS ON ANY
R"ECORG LOT SMALL NOT EXCEED
1,504 SO. FT. IN FLOOR AREA
(AS PER CITY OF ORONO ZONING OXE)
+
2i` FG
F ,:y
_ -
937457
- 7.r7 OICt II ll 21- I 1$' MAPLE II I +
- a PEAK ELEV. ' SETBACK `24' I+AP�E 15" STONE _ I 1
974.5 ,71 44ti 9r a` MAPLE a�E INri 0 4 12' APLE 21` Iaar7LE
° � � ? N' OVERHAND MYDLLS I
24- MAPLE -- _ - Q 13.5 r' -1" MAPLE
1 18' kMAF' - v
27` kNAF'LE f-- a NOTE: F'�P'QS€F1 �fi F"E#NCE �
TIO BE_ft*CED OiDTAINGRADE
#1 ¢ 1.41 t YY �* T $4" MAPLE v , - Fl f THE P12UPOSM GARAd,'E�"
X , S a r..-
� X 937
,010 21' MAPLE --$8`' II . N
�:.rJ
210.
D4 ._ 12' Isf A E
M
1MAPLE I
}93732 9' ItDEN 93767
941 18" MAPILf 4
{ I
38.00
& ODES} FLOCK
ROOF PEAKC PROP S w-
1.7 SETHACIL EyrA--938 1
OVERHANG 9 �� ELEV. 7s``C�1Vr
Yn D' 7F i k ha +-1 1n
Ir`a +yam
912,4 �v FLA0s7tM4rEN,yam E _
()SED
7 10
940.80 }i3.28 cn m I !
PGF
IAICL I. A � I12` OAK 12' LAPLEELEV.-937,936 gyp- FT.
E3tG ISLAND
o
�_ 4 r " 1 w y I :'.x'18- - T19-
9
LINDEN IC3 44
~ a // 2 S70Rti FRAME RESIDENCE ; - _ a 8" DEHc -
PROPOSED '3�� FOOTPRINT ARE 4�i,373 SQ. FT. / #
!/ 50.04 �� I
ADDITION � � '�
9- AK h w 9' LINDEN
_ _
* 3f $ D PROPOSE 30` MAPLE �� 111I 70937.53 + ?C937.Is3 - 4937.84X X 7'4" I I
- _ - 9 4.3.61 OONADDI 11OLVAL_ , !
� ` = EAST UNE OF
WELL 9#2.32P STOOP' - � 9- BOXELDER 12' LIMIDLN � I TION I II
'1 ,,� I - 9- MAPLE I r
15` MAPLE --.. . .,�" -'�' _ 1$y DAI(5 .12" LINDEAa 2�i2' - ,{ _ �� POINT (,Vi'ACA10)� FENCE
v' 9 - a� + LINDEN 2112'
! 9'''S RU E ' II LaNDEN # r'
4 I 00
ti.. r _ .I� _
F E11 9si;�.1# 2- MAP 12' MAPLE - s� � 1`0
'i X942.72'..,} - - �'" � 4 � 70937 2ii q 2_*
MAP
#SFr AId I
. I - 5 FEPOSs FENCE PO's C _- ¢
PID#22-117- ATED 942,6 T'yMAPLE
I kUMATER
__e
tiTAiK {*v
i
• 1 �1 *� 5" M LE
9- LINDEN % % f �Il -- - 12" DEAD + X937.4Q +/ - _ _ I
SOUTHERLY - -
937.25X r
. "'.
I LINE OF � r I { -DEAD t`.. � �' ��`$ DEAD O � [i
FOUND
LOT H { i ti i MAPLE ELi k mob lyCl iu
JUDICaAL o I 4" MAPLE 1
MONUMENT ` 9- OAK ' J gk� �i 75"�e27" LWEN 935 N 0 o
21 14AFLEE
.� 9 121' ASH
g I 4
t :+` 21" MAPLE
9' 'MAPLE � 9SCFDER
3R +10 2#SEPTIC
I
t { ' i fib` 12' MOP 30" MAPLE
+" �, r { 21' MAPL�I 7f f
3 1F 945
UND
NOTE; OWNER AND AROtIITECT TO VERIFY � ;' ,_ :-_ -_--'_-._ Q.__
ALL ZONING V SETBACK REQUIREMENTS 15 L
WOTH THE CITYOF ORONO PRIOR TO
_ _
<7ESION OR CONSTRUCnON, INFORMATION . $ 12 MAPLE
_ - " _ SEp
SHOWN HEREON IS THE BEST .AVAILABLE � AJ e - ~ - -- = 9' MAPLE
AT THE TIME OF THIS SURVEY ; 1 2 of
`
__-_ _ -' �+n=' -• 1 15` MAPLI 24` MAPLE
SOLTHEASr I
CORNER OF % - _ 9' MAPLE
LOTH PP•._ 'I 30r MAPLE
�
b
24' MAPLE R.erAINING
VICINITY MAP
(NO SCALE)
CERTIFICATE
5312 (15312AIR3.13WG) 0.8, TCDD HOLEAN
MEW OF SU6,AI7 PROPERTY FROM LAKE MINNETONKA
SOUTHWESTERLY 'SIDE OF 710 BIG ISLAND
CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA
OF SURVEY
REVISED SCREEN PORCH 10117/2416
? WALL SEPTICI ' I 1 k AP 1 15 MAPL r' I
a Ik bXANOUT 11 I I I ` I'
4 9' MAPLE)
4or
15 ,r
X/
SEPTIC�4OUT
FOUND = _ ACCESSJUDUAL 4' 27' IA 4ifiLE
NMEHT _ y�, Cam
s
O 'I
PM
ZCW Pte,
LLC
0 {
yr
4 f �
33' MIPLE ypy�j,.y
, . { • dmf
i2- MAPLE
+
12 MAPLE
41
42
ri
12' 136XELDER %
- 12- MAPLE +I
MAPLE '.,,SOUTHWESTERLY /
aj I CORNER OF -LOT T t /
27' APLE-
MEWL OF LAKE iAINN€TCNNKA FROM SUBJECT PROPERTY
FLOODPLAIN NOTE_
SVSJECT PROPERTY LIES KITHIN FFL4ano IGNFS "AE'
(SPECIAL FLOOD HAZARD AREAS SUBJECT TO
INUNDATION BY THE iX ANNUAL CHANCE FLOOD,-
BASE
LOOD;BASE FLOOD ELEVATONS DETF_traNED) AND 'X'
(AREAS DETERMINED TO BE OUTSM THE 02%
ANNUAL CHANCE FLOODPLAIN) AOGORDING TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FLOW
INSURANCE RATE MAP COMMUNITY PANEL NUMBER
2 706 30-031 2 E. DATED SEPTEMBEFI 2, 2004.
HENNEPIN COUNTY. MINNESOTA
(THE BASE FLOOD ELEVATION IS SHOWY TO BE
931 NGVD 29)
0
_
UNE OF
.
FOUND `
LOT T'
r
41V
.11¢ICIAL-,..,.�- ••�
M4NLI}AENi
*
-ii-;-
,
I01HE.AST
CORNER
i
IF LOT T
MEWL OF LAKE iAINN€TCNNKA FROM SUBJECT PROPERTY
FLOODPLAIN NOTE_
SVSJECT PROPERTY LIES KITHIN FFL4ano IGNFS "AE'
(SPECIAL FLOOD HAZARD AREAS SUBJECT TO
INUNDATION BY THE iX ANNUAL CHANCE FLOOD,-
BASE
LOOD;BASE FLOOD ELEVATONS DETF_traNED) AND 'X'
(AREAS DETERMINED TO BE OUTSM THE 02%
ANNUAL CHANCE FLOODPLAIN) AOGORDING TO THE
FEDERAL EMERGENCY MANAGEMENT AGENCY FLOW
INSURANCE RATE MAP COMMUNITY PANEL NUMBER
2 706 30-031 2 E. DATED SEPTEMBEFI 2, 2004.
HENNEPIN COUNTY. MINNESOTA
(THE BASE FLOOD ELEVATION IS SHOWY TO BE
931 NGVD 29)
0
r�
I '$
I'
C�
I
I MINNESOTA DEPARTMENT
OF TRANSPORTAPON
STATION 'SHORE 1990"
0 10 20
1 INCH EQUALS 20 FEET
BASIS FOR BEARINGS!
HENNEPIN COUNTY
COORDINATE SYSTEM
(NAD 83, 1956)
BASIS FOR ELEVATION:
MINNESOTA DEPARTMERT
OF TRANSPORTATION
STATION SHORE 1990_
NEAR THE INTERSECTION
OF TRUNK HIGHWAY 7
ASI TRUNK HIGHWAY 4,.
ELEV.-A46.SSb (NGVD 29)
(VIA REAL TWIE GPS
MEASMENYS uTAJZ1NF.
MINNESOTA DEPARTMENT
OF TRANSPORTATION
VRS NETWORK)
CONTOUR LNTERVAL-1 FONT
NORTHEASTERLY SIDE OF 710 BIG ISLAND
CITY OF ORONO. HENNEPIN COUNTY. MINNESOTA
LEGAL DESCRIPTION
CERTIFICATE OF TITLE NO. 140886
That port of Government Lot 6, Section 22, Township 117,.
Ron e 23 West described as follows,, Beginning at the
intersection of the East line extended of Recreation Paint
(naw vacated) with the shore of Lake Minnetonka, thence
Westerly and Southerly along the shore line of sold lake,
to its intersection with the Southerly line extended of
Lok H, said addition, Vacated; thence Southoostedy
through a polnt marked with a judicial monument distant
5
i f h h f
5. feet frorn the Southeast caner a sold Lot H elan.
the Southerly line thereof, to the Southeast comer
thereof, which corder is marked lay judicial monument,
thence Southeasterly in a straight line to the
Southwesterly corner of Lot T of said addition. vacated,
which corner is marked by a judicial monurnen(; thence
Easterly along the Southerly Ilne of said Lot T to the
Southeast corner thereof. which cornet is marked by a
judicial monument, thence North along the East line of
said addition, vacated, through o point marked with o
judicial monument distant 320 feet from said 'Southeast
corner of said Lot T, to the point of beginning,
AREA SUMMARY
SUBJECT PROPERTY _ ±103,738 SO, FT, OR ±2,38 ACRES
(TO ORDINARY HIGH WATER LEVEL)
EXISTING HOUSE FOOTPRINT = 1,373 5O. FT. ;
PROPOSED RECONSTRUCTED WOOD PARCH & STEPS =
522 Sid. FT,
EXISTING WOOD STOOP do STEPS = 54 SO. FT.
EXISTING CELLAR BULKHEAD = 64 SO, FT.
EXISTING SHED FOOTPRINT = 54 SQ. FT,
EXISTING CONCRETE PAD = 20 SO, FT, `
EXISTING STONE WALL (SEPTIC) 44 SQ. FT,
EXISTING STONE STEPS (SHORE) = 72 S4, FT,
EXISTING BOULDER WALLS (SHORE) - 270 SQ, FT,
EXISTING STONE WALLS (SHORE) = 73 SO, FT,
EXISTING LAKESIDE CANOPY (SHORE) = 275 SQ. FT,.
EXISTING FIRE BOX (SHORE) - 14 SQ. FT.
PROPOSED BUILDING ADDITION = 81 SO, FT.
PROPOSED SCREEN PORCH = 158 SQ. RFT.
PROPOSED ADDITIONAL WOOD STOOP = 10 SO. FT,
PROPOSED GARAGE = 936 SO- FT_
TOTAL PROPOSED IMPERMOUS SURFACE COVERAGE =
4,028 'SQ_ FT_
(3.97. OF PROPERTY AREA TO ORDINARY
HIGH WATER LEVEL)
NOTE; TOTAL IMPERVIOUS SURFACE COVERAGE PRIOR TO REAIOVAIIONS
2.959 SID. FT_
(2-9% OF PROPERTY AREA TO ORDINARY HIGH 'NATER LEVEL)
IMPERMOUS SURFACE COVERAGE W4THIN
75" OF ORDINARY HIGH 'FALTER LEVEL
Ex15T1NG STONE STEPS (SHORE) 9 72 SQ_ FT.
EXISTING 804A IDER WALLS (SHORE) = 27i8 SO. FT.
EXISTING STONE WALLS (SNORE) - 73 SQ. FT_
EXISTING LAKESIDE CANOPY (SaHORO - 275 SQ FT.
EXISTING FIRE BOX (SHORE) - 14 SQ. FT.
TOTAL - 412 SO. FL
PREPARED FOR:
CHRISTOPHER do LESLIE NUEGENT
2110 PORTICO GREEN
WAYZATA. MINNESOTA 55391
ARCHITECT:
DALE MULFINGER, FAIR
SALA ARCHITECTS, INC.
325 EAST HENNEPIN AVENUE, SUITE 200
MINNEAPOLIS, MINNESOTA 55414
612--379-3037
FAX 612-379-0001
CERTIFICATION
o
' �]1f *.0, HEREBY
PBY CERTIFY
THAT
THI THIS SURVEY, PLAN.
OR REPORT
;A ., UNDER MY" DIRECT SUPERVISION AND THAT
" I AM A DULY LICENSED PROFESSIONAL LAND
LAIIIiIDAOR 51JRVEYOR UNDER THE WS OF THE STATE
:= I OF MINNESOTA. }
8407 _
eo�llj D.
MARK D. KEMPER, L5 161x(]7 -
oil i t %% N DATED THIS � DAY OF 01 r?
KEMPER & ASSOCIAFES. IN
_
.
WIRE
I
MAP,I £
FENCE_.
O
4- IDLE
21' MAPLE
I01HE.AST
CORNER
i
IF LOT T
r�
I '$
I'
C�
I
I MINNESOTA DEPARTMENT
OF TRANSPORTAPON
STATION 'SHORE 1990"
0 10 20
1 INCH EQUALS 20 FEET
BASIS FOR BEARINGS!
HENNEPIN COUNTY
COORDINATE SYSTEM
(NAD 83, 1956)
BASIS FOR ELEVATION:
MINNESOTA DEPARTMERT
OF TRANSPORTATION
STATION SHORE 1990_
NEAR THE INTERSECTION
OF TRUNK HIGHWAY 7
ASI TRUNK HIGHWAY 4,.
ELEV.-A46.SSb (NGVD 29)
(VIA REAL TWIE GPS
MEASMENYS uTAJZ1NF.
MINNESOTA DEPARTMENT
OF TRANSPORTATION
VRS NETWORK)
CONTOUR LNTERVAL-1 FONT
NORTHEASTERLY SIDE OF 710 BIG ISLAND
CITY OF ORONO. HENNEPIN COUNTY. MINNESOTA
LEGAL DESCRIPTION
CERTIFICATE OF TITLE NO. 140886
That port of Government Lot 6, Section 22, Township 117,.
Ron e 23 West described as follows,, Beginning at the
intersection of the East line extended of Recreation Paint
(naw vacated) with the shore of Lake Minnetonka, thence
Westerly and Southerly along the shore line of sold lake,
to its intersection with the Southerly line extended of
Lok H, said addition, Vacated; thence Southoostedy
through a polnt marked with a judicial monument distant
5
i f h h f
5. feet frorn the Southeast caner a sold Lot H elan.
the Southerly line thereof, to the Southeast comer
thereof, which corder is marked lay judicial monument,
thence Southeasterly in a straight line to the
Southwesterly corner of Lot T of said addition. vacated,
which corner is marked by a judicial monurnen(; thence
Easterly along the Southerly Ilne of said Lot T to the
Southeast corner thereof. which cornet is marked by a
judicial monument, thence North along the East line of
said addition, vacated, through o point marked with o
judicial monument distant 320 feet from said 'Southeast
corner of said Lot T, to the point of beginning,
AREA SUMMARY
SUBJECT PROPERTY _ ±103,738 SO, FT, OR ±2,38 ACRES
(TO ORDINARY HIGH WATER LEVEL)
EXISTING HOUSE FOOTPRINT = 1,373 5O. FT. ;
PROPOSED RECONSTRUCTED WOOD PARCH & STEPS =
522 Sid. FT,
EXISTING WOOD STOOP do STEPS = 54 SO. FT.
EXISTING CELLAR BULKHEAD = 64 SO, FT.
EXISTING SHED FOOTPRINT = 54 SQ. FT,
EXISTING CONCRETE PAD = 20 SO, FT, `
EXISTING STONE WALL (SEPTIC) 44 SQ. FT,
EXISTING STONE STEPS (SHORE) = 72 S4, FT,
EXISTING BOULDER WALLS (SHORE) - 270 SQ, FT,
EXISTING STONE WALLS (SHORE) = 73 SO, FT,
EXISTING LAKESIDE CANOPY (SHORE) = 275 SQ. FT,.
EXISTING FIRE BOX (SHORE) - 14 SQ. FT.
PROPOSED BUILDING ADDITION = 81 SO, FT.
PROPOSED SCREEN PORCH = 158 SQ. RFT.
PROPOSED ADDITIONAL WOOD STOOP = 10 SO. FT,
PROPOSED GARAGE = 936 SO- FT_
TOTAL PROPOSED IMPERMOUS SURFACE COVERAGE =
4,028 'SQ_ FT_
(3.97. OF PROPERTY AREA TO ORDINARY
HIGH WATER LEVEL)
NOTE; TOTAL IMPERVIOUS SURFACE COVERAGE PRIOR TO REAIOVAIIONS
2.959 SID. FT_
(2-9% OF PROPERTY AREA TO ORDINARY HIGH 'NATER LEVEL)
IMPERMOUS SURFACE COVERAGE W4THIN
75" OF ORDINARY HIGH 'FALTER LEVEL
Ex15T1NG STONE STEPS (SHORE) 9 72 SQ_ FT.
EXISTING 804A IDER WALLS (SHORE) = 27i8 SO. FT.
EXISTING STONE WALLS (SNORE) - 73 SQ. FT_
EXISTING LAKESIDE CANOPY (SaHORO - 275 SQ FT.
EXISTING FIRE BOX (SHORE) - 14 SQ. FT.
TOTAL - 412 SO. FL
PREPARED FOR:
CHRISTOPHER do LESLIE NUEGENT
2110 PORTICO GREEN
WAYZATA. MINNESOTA 55391
ARCHITECT:
DALE MULFINGER, FAIR
SALA ARCHITECTS, INC.
325 EAST HENNEPIN AVENUE, SUITE 200
MINNEAPOLIS, MINNESOTA 55414
612--379-3037
FAX 612-379-0001
CERTIFICATION
o
' �]1f *.0, HEREBY
PBY CERTIFY
THAT
THI THIS SURVEY, PLAN.
OR REPORT
;A ., UNDER MY" DIRECT SUPERVISION AND THAT
" I AM A DULY LICENSED PROFESSIONAL LAND
LAIIIiIDAOR 51JRVEYOR UNDER THE WS OF THE STATE
:= I OF MINNESOTA. }
8407 _
eo�llj D.
MARK D. KEMPER, L5 161x(]7 -
oil i t %% N DATED THIS � DAY OF 01 r?
KEMPER & ASSOCIAFES. IN
MPER &ASSOCIATES INC.
PROFESSIONAL f.TTID SURVEYORS
7 Lj� Tri i�r� iZ Pn 0PER�/
— -� 1 11 11 1 �I L, u E V it 1 1
""w�"'
"Mo710 BIG ISLAND
CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA
(PROPOSED HARDCOVER CALCULATIONS)
\ LAKE MINNETONKA
LAKE MINNETONKA
,w.�..,��..ax,.»,.nP9„n,,.9„
/� \ — — _ _ _ — — —
/ /� _ .: �. �,.; — 9 .—A 1z•_E. � err
II
�. �a
4r 10'
p•
'>- 55-7" 4
LEGEND
_ LEGEND
18' ✓.yv ��
w k w m9i oeww �� B
l
!/ �•�'
�c ":"`/ II ��-
LEGAL DESCRIPTION
CERT111CATE U TTIE NO 1406666
n°xz.
rn,
-'" . �
« , ani 0� .�. -- n.n,.w,a — T� r a,�;`
"vl
en% I
•G,dpL
%'°�.�'bi9�u�µa �wu
°
m
x1 s»•« /-J -
710f
9 AND
J$�i 9
Ish
u
I
.n.. _ • —__ I,r ` .a, n.«+�,aea°m
n
n arna u XE� r .ar
u:oam
.,.,° d m
Ow \\ 1 O O — •J .rte J W +ppbb
=a=w
AREA SUMMARY°`F �
vl6xcr maEan (io'''aa s,.mr na w.1ia Liii>
ZONING REQUIREMENTS
• e.. \ « �' t
�.. e\
v 1 ". E , _ _ o
S9 DOsIFDSLSsxoaF)
xe snlea w.u�(smncsa n.
- T'! 30. ft
r
AL (sxwe) ; Er
3 mns . so rt.
Cu, (SxOxE) -�M 50 R
mw a mme.rna.>o« .wse
y r.w °" I I
aaovosm sacxx w. rt
MEs�ooP� I.
� \a i, • :�..,.. �n I
moscn c.a
ffrtR ��)MEA r0 OaW1MY
s
MPETMQUS SURFACE COVERAGE WITHIN
73' OP MINMY HIGH WATER LEVEL
1
81'4
a05t
• .� /
/ \µ - _- - 203° a
& LEWE WHEW
w:r°u'4:. CO M_
nWH" �irtsor�soaE+,swa zoo
VICINI sc MAP
PwaM„wrvN`1Ml�EoiA
1�w �•n�..� mow"`•° m I
T,UI
µM
_ wa.vwemn _ �w a x
ERTIFICATE OF SURVEY
,84G�
Owtxu9wl wnd ,9A>
�„NN1E,T•••``` ,m�Lw.
(
West dock
°y
Rip rap
Metal Arbor
Flag pole
Dock and stairs
Fire pit I
Pnrrh _
Beach
Brick oven (ruins)
50' setback line ti
drainage runnel
p
� Cistern &Bath
Leach field
A, A Cleanouts
ID
Notes:
75' setback line
s[udIo IN 1176
f Existing Site Layout 0
TSUKE Big Island Landscape Project 1" : 40'
New Trees
West Dock
Renovation
Woodland Edge
Plantings
Zetative
e r
lic-
0 �
Fire Pit
Entry Walk
l �A
Foundation
gardens
1
iW4
Trees
Savannah Plantings
11 J
Iq_
Woodchip
paths
Additional
planting
areas
Access lane
Rigid plastic
geogrid grass pavers
Access lane
Rigid plastic
geogrid gravel
pavers
Additional
planting
areas
♦— Woodchip
paths
Additional Calculations:
Subject property: 103,738 sq. ft. to OHWL
Existing Hardcover - including current remode
project (from survey): 4,028 sq. ft.
Proposed Riprap Ext: 247 sq. ft.
Proposed Grass Access lane: 480 sq. ft.
Proposed Gravel Access lane: 284 sq. ft.
Proposed Gravel Access walk: 178 sq. ft.
Proposed Entry Walk: 220 sq. ft.
Proposed Paver walk & patios:1010 sq. ft.
Total Proposed Hardcover: 2,419 sq. ft.
Added to existing hardcover: 6,447 sq. ft.
Property area coverage: 6.2% of lot area.
Hardcover surfaces within 75' of OHWL (from
survey): 712 sq. ft.
Proposed Entry Walk: 220 sq. ft.
Proposed Riprap Ext: 247 sq. ft.
Proposed Grass Access lane: 480 sq. ft.
Proposed Gravel Access lane: 284 sq. ft.
Proposed Gravel Access walk (partial in 75'
zone) : 92 sq. ft.
Proposed Rebuild of retaining wall & path to
west dock (net additional): 125 sq. ft.
Total proposed hardcover surfaces within 75'
of OHWL: 1,448 sq. ft.
Additional work within 75' of OHWL:
Proposed vegetative buffer: 5,500 sq. ft.
Proposed Trees removed: 5
Proposed Trees planted: 9
1. Overall Site Layout 0
studio �
TSU KE Big Island Landscape Project 1" : 40'
Taller
Shrub
plantings
�— transition to woodland
edge plantings
---------------
Shrub
plantings
1
1
woodland edge
& understory
plantings
Low
Shrub
plantings
Blue Beech
Red Maple
i
yam
Shoreland Plants to include
Fireworks Goldenrod
Sedum Autumn Joy
Black-eyed Susan
studio'(' IN
TSU KE
Catmint
Penstemon Husker Red
Liatris Kobold
Sea Lavender
Joe Pye Weed Gateway
ite Oak Ironwood
Echinacea varities
Purple Dome Aster
Marsh Milkweed
Allium
Stiff Goldenrod
Current vegetative cover is turf lawn to the top of the riprap wall -- directing runoff straight
from lawn to lake. Proposed vegetative buffer will introduce a vegetative buffer strip, from
8' to 20' in depth, above the riprap walls. This vegetative buffer will be planting with native
shorland species and adapted cultivars. The goal is a natural grass and forb buffer, rather than
a manicured garden. This will provide filtration of all runoff from the yard, and allow some in-
filtration as well. Some shrub plantings will be planted within this buffer area to provide some
screening and provide some year-round visual edge.
In the southern and wooded area of the property, the buffer will transition to understory and
woodland edge plants that are more tolerant of the shade.
The planting and design relies on the best practices as outlined in the Landscaping for Wild-
life and Water Quality published by the MN DNR and The Lake Minnetonka Guide to Shoreline
Gardens, funded by the Minnehaha Creek Watershed District.
Disturbance for planting to be kept to a minimum. Planting will be plugs and seeding.
Little Bluestem
Autumn Moor Grass
Prairie Dropseed
Tufted Hairgrass
Korean Feather Grass
Gro low Sumac
Smooth Sumac
Serviceberry
Dwarf Bush Honeysuckle
Arctic Fire Dogwood
Shoreland & Woodland Edge Plantings
Big Island Landscape Project
U
/ 1\
/ 1
I I
,
1 �
�— transition to woodland
edge plantings
---------------
Shrub
plantings
1
1
woodland edge
& understory
plantings
Low
Shrub
plantings
Blue Beech
Red Maple
i
yam
Shoreland Plants to include
Fireworks Goldenrod
Sedum Autumn Joy
Black-eyed Susan
studio'(' IN
TSU KE
Catmint
Penstemon Husker Red
Liatris Kobold
Sea Lavender
Joe Pye Weed Gateway
ite Oak Ironwood
Echinacea varities
Purple Dome Aster
Marsh Milkweed
Allium
Stiff Goldenrod
Current vegetative cover is turf lawn to the top of the riprap wall -- directing runoff straight
from lawn to lake. Proposed vegetative buffer will introduce a vegetative buffer strip, from
8' to 20' in depth, above the riprap walls. This vegetative buffer will be planting with native
shorland species and adapted cultivars. The goal is a natural grass and forb buffer, rather than
a manicured garden. This will provide filtration of all runoff from the yard, and allow some in-
filtration as well. Some shrub plantings will be planted within this buffer area to provide some
screening and provide some year-round visual edge.
In the southern and wooded area of the property, the buffer will transition to understory and
woodland edge plants that are more tolerant of the shade.
The planting and design relies on the best practices as outlined in the Landscaping for Wild-
life and Water Quality published by the MN DNR and The Lake Minnetonka Guide to Shoreline
Gardens, funded by the Minnehaha Creek Watershed District.
Disturbance for planting to be kept to a minimum. Planting will be plugs and seeding.
Little Bluestem
Autumn Moor Grass
Prairie Dropseed
Tufted Hairgrass
Korean Feather Grass
Gro low Sumac
Smooth Sumac
Serviceberry
Dwarf Bush Honeysuckle
Arctic Fire Dogwood
Shoreland & Woodland Edge Plantings
Big Island Landscape Project
U
/ j
- - ''•
'� (01/21AMS)
Plant 1
Re<Maple
a
f UND£NCITY
OF 01
�
``� Want 1
s„ Plant 2
s ue beech
Ironwood
t
4
RING
~
REST NTNG 'i,92&9 EEv..
1
° Ian
wAI
Remove 1
-.
e
e be h cn,/7,/zols
g
155," G re en Ashy
`
` 9' CEDAR
RETAI NG -
WALL
°
ORDINARY
12" +�u
'
HGGH WATER
Remove 2
a`
LEVELBOULDER
(929-4 NGVD 29)
w LINOENS RE LL
M
�
-1r PCE..
�� ~-
Remov 1�3q
21' x-236 �L1
_
9" Cedar .
o_
1B" MAPLE
2121. 21' �
� � STEEPS '
957
ant
`-'s-
1117 _ r
TE: PROPC15ED SILT FENCE
Whl
BE PLACED BETWEEN INE 21r
100KC Aun tsu I Ave AuwuC
IIAPIE t �s 9- CED
— Y'S
Tree removal and planting plan at point
{HCVD 24 ELEVATIONS AS PIER uINNE50TA i?&MTMENT
OF NATURAL RESOURCES -LAKE FINDEr 111111 1Ej r �
� --Bern ova
_ 15" Linden
Kem,Qye
12" Green�As �wom*
-- 929.4 -
- - _ 930 .15 E,
931
=�J3
9' E:INDEDf
BOULDER fAIKK
STAINING
ALL
k FIREBOX 12 MAPLE
Tree removal and planting plan along north shoreline
stud 1011111 0—t
TSU KE
List of Tree removal and replacement in 75' area from
OHWL:
" - Removal of two Blue Spruce showing signs of illness.
Removal of two Green Ash growing on the edge of the
` riprap and subject to EAB.
Removal of one basswood that will likely have root zone
'Y disturbance because of riprap extension.
Planting of 8 new native trees:
3 Ironwood (Ostrya virginiana)
3 Blue Beech (Carpinus caroliana)
r 1 Red Maple (Acer rubrum)
1 White Oak (Quercus alba)
41
Green Ash -
Blue spruce - showing effects of Cytaspora
Green Ash
Shoreland Tree Removal and Plantings O
Big Island Landscape Project
sting steps
try
937 /
( ?OPOSED SrLT FENCi
' -ACED BETWEEN TW
1D THE LAKE AN`r1MH
PON IS TO TAKE PLAC
/75' OHW setback
No real access walk exists to the front door of the house. Some re-
claimed hexagonal pavers provide limited steps.
The path is designed as a 4 foot wide walk to a new landing at the base
of the stairs. the path and the landing would be a hardcover such as
clay brick pavers or similar.
The landing is beyond the 75' setback.
the new walk will provide a solid surface for access to the front door
of the house. This will serve to assist the homeowner, but also provide
emergency services safe and direct access to the building as well.
The path is 55'- 7" long by 4' wide
__1r
' 6& AC
ROOF PEAK
ELEV.-
972.9
LEV.-97 .9 Ev i BASEMENT r%
,:2¢ FLOOR
Q` ELEV.-937.29
1 QIP' ICI AAIri A
9' CEDAJ
'f�' y 0
studio � Entry Walk
TSU KE Big Island Landscape Project
0
Access lane - proposed handicapped ramp
y�-
existing soil/slope,
garage
OHWL w�
:k Existing conditions
Transition to
Grasspave 2 or NDS Tufftrack 1/2" clear gravel
No crosspitch, but to conform infill.
to existing slope as much as possible
new riprap. select W
boulder with flat side
100 yr
OHWL ° b" depth compacted 3/4" clear (no fines)
aggregate bedding with landscape fabric.
DS Approx 40% void space. Permiable.
Section A -A' - proposed
Access point - proposed riprap extension area
Access point - view from shore
Access LaneS[Ud I off NO IM
0
TSUKE Big Island Landscape Project
Access walk
75' Setback
Paver walk
PROi FLOOR
PROPOSED
+GARAGE
yJs.w L
12` LINDEN 9137.64 X
9' MAPLE f.
Proposed riprap area to conform to MCWD requirements and best practices. Also, to match and integrate
with existing riprap. Existing riprap does not extend more than 5' waterward from the OHWL, proposed
extention to match. Proposed riprap to match existing slope, with no cross pitch. Not to exceed 2 feet above
100 year flood elevation or top of slope, whichever is lower.
1W IMA
�o
12' MAPLE
Grass paver and gravel paver area to be installed on 6" free draing clear gravel with no fines.
Gravel area is sized to be equal to handicapped accessible van parking area for public lots.
Stud 1011111
TSU KE
ARTICLE XIII. - STORMWATER QUALITY OVERLAY DISTRICT
DIVISION 1. - IN GENERAL
Sec. 78-1684. - Standard hardcover exclusions.
Landscaping with permeable lining shall not be considered hardcover. Additionally, the following
hardcover items shall be excluded from hardcover calculations:
(1) Roads, trails, sidewalks, utilities and other hardcover encroachments intended for the pub-
lic's benefit; (2) Hardcover encroachments created by improvements on adjacent property not
owned by the subject landowner; a. In such cases of encroachment, the square footage of all
encroaching hardcover shall not be added to the overall hardcover counting against the subject
lot; b. The land area upon which the encroachment rests shall count towards the overall lot area
for the subject lot. (3) Retaining walls; (4) Handicapped ramps with a pervious surface below,-
and
elow,and (5) The first 100 square feet of pervious paver patios/walkways or the first 100 square feet of
deck with a minimum one -fourth -inch spacing between boards and a pervious surface below the
decking.
Access Lane 0
Big Island Landscape Project
Typical detail for grass paver installation
Typical profile
BODPAVE40
with Grass or Gravel
TERRAM T1000
Geotextile
TX160 geogrid
DoT reduced fines
Subgrade soil
'Type 3' Sub -base
Not all layers will apply to every application and drainage may be
required. Please refer to design guidance documents.
60:40, Sand:Soil
Rootzone or
Gravel Bedding
Axon detail of grass paver/gravel paver option
Stud 10 , INIM
ii Access Lane 0
TSUKE Big Island Landscape Project
EZ ROLLTm GRASS PAVER PRODUCT DESCRIPTION
CELL SIZE: 2-1/4" HEXAGONAL CELLS
STOCK ROLL SIZES: 4'W X 1501 (600 SQ. FT.)
DOMED
REFLECTIVE
SOD PLANTING LEVEL
DELINEATOR (OPTIONAL)
EZ ROLL PAVER
6" X 6" CONC. EDGING
(OPTIONAL)
REINFORCING AS REQUIRED
1" M2CLEARANCEPROPOSED FINISHED GRADE
(OPTIONAL)
EXISTING GRADE
SEED PLANTING LEVEL EXISTING
—�1/4"to�1//2"GRADE
I I I I I I I I I I
FILTER FABRIC (OPTIONAL)
I I I I I I I I I I NATIVE TOP
SOIL INFILL
NATIVE SOILS
0" TO 10" 0" TO 8" 0" TO 8"
NATIVE SOIL SURFACE 2
r .r AASHTO #57 BASE
WITH OPTIONAL FILTER
ROCK OR APPROVED
FABRIC IF UNDERDRAIN IS
EQUAL WITH OPTIONA
NOT USED
-1- `1 1 'i -ili ili ill=i
78�I'�-III li NATIVESOILS nl III -til II In-IT'd TOP SOIL BLEND
I I III I i 1=1 i � I I r ITI-iTl I I III-ITI III I n-ITI I n III -I i
n II-III -I -II II IT- STI=III II ITI; T (MIN.)
�� 12" �� FILTER FABRIC (OPTIONAL)
4" DIA UNDERDRAI
SEASONAL
(SEE NOTES SHEET 2)
HIGH WATER
TABLE
Typical detail for grass paver installation
Typical profile
BODPAVE40
with Grass or Gravel
TERRAM T1000
Geotextile
TX160 geogrid
DoT reduced fines
Subgrade soil
'Type 3' Sub -base
Not all layers will apply to every application and drainage may be
required. Please refer to design guidance documents.
60:40, Sand:Soil
Rootzone or
Gravel Bedding
Axon detail of grass paver/gravel paver option
Stud 10 , INIM
ii Access Lane 0
TSUKE Big Island Landscape Project
stud iof-4SM
TSU KE
The current retaining wall and path to the west dock are in disrepair and in need
of renovation. The materials used for the retaining wall are not suited and the wall
is poorly constructed. The path is too close to the edge of the water, and severly
cross -pitched. This contributes 100% of any precipitaion directly into the lake as
runoff. Additionally, it is becoming unsafe for walking, as the ueven stones and the
cross pitch make it a tripping hazard that drops off into the water.
The proposed solution is to rebuild the wall using larger stones that are more
appropriate for a wall. Additionally, moving the walkway in from the edge of the
lake serves multiple purposes: it provides a buffer planting strip that will help filter
runoff and those plantings will also help make the space feel less like it is pitching
into the lake, The proposed vegetative buffer above and below the renovated wall
and walk will serve to soften and hide the hardscape.
In order to build the wall correctly and replace the path in a better configuration, it
will be necessary to remove slighly more area than is currently disturbed. The wall
will need to be slighly taller at the south end to accommodate the slope that is cur-
rently slumping with the derilect wall.
West Dock Renovation
Big Island Landscape Project
U
� JL
Existing alignment
Current
alignment
(dots)
Proposed re -alignment
T T
I I
I
I
I I
I
I
I I
Water
line
I I
I I
NI I
4„ wide
path ,
I I
I I
Water
line
Section showing old and new alignments
f;fMIM MU West Dock Renovation O
TSUKE Big Island Landscape Project
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2018
6:30 o'clock p.m.
ROLL CALL
Council
LA18-000056
Exhibit D
The Orono Planning Commission met on the above-mentioned date with the following members present:
Chair John Thiesse, Commissioners Bob Erickson, Dennis Libby, Mark McCutcheon, Chad Olson, and
Jon Ressler. Representing Staff were 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.
4. LA18-000056 STUART CLEAVELAND, BLACK BEAR BUILDERS, 710 BIG ISLAND,
VARIANCES, 6:37 P.M. — 6:49 P.M.
Stuart Cleaveland, Black Bear Builders, and Christopher Neugent, owner, were present.
Oakden stated the applicant is requesting variances for hardcover and a retaining wall in the 75 -foot lake
yard setback. The applicant proposes three improvements within the 75 -foot lake yard labeled A, B, and
C on the plan. Improvements A and B are permitted by code and no variances are necessary.
Improvement C requires a variance and is the subject of this application.
The property currently has a small path with a retaining wall to access the west dock. The retaining wall
is failing with a significantly slanted walking path. Included as part of the proposed improvements are
extensive landscaping around the shoreline and throughout the property. The applicants are further
proposing to remove four trees within the 75 -foot lake yard and will plant eight native trees in various
locations in the lake yard.
The applicant is also proposing a 4 -foot walkway from the main dock and stairs to the house as well as
additional hardcover for access from the lake to the detached garage. They are proposing to use a variety
of materials including pavers on the walking, rock to match the existing riprap along the shore, geogrid
grass pavers, and gravel pavers. These improvements are allowed per City Code 78-1282(6) for handicap
accessibility.
The entire property is located lakeward of the average lakeshore setback line determined by the properties
at 700 Big Island and 720 Big Island. Within 75 feet of the ordinary high water level of any lake no
hardcover shall be placed, located or constructed except regulated by the Shoreland Overlay District.
Staff finds due to the nature of the lot at the point of the island there are practical difficulties supporting
granting the 75 -foot lake yard setback and hardcover in the lake yard variances for access improvements
to the property. The applicant is looking to reconstruct a failing retaining wall and walkway for access to
the west dock. As part of the project, the applicant will be adding hardcover in the 75 -foot lake yard to
create access for a handicap family member to the cabin from the lake.
No public comments have been received.
Staff recommends approval of the proposed improvements.
Thiesse asked if Staff is sure the wall will not exceed 4 feet.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2018
6:30 o'clock p.m.
Oakden stated to her knowledge it will not but the applicant can better address that.
Thiesse noted if the wall exceeds four feet, it will need to be engineered.
Libby asked if there is an aerial of the property. Libby stated he is interested in the proximity of the
adjacent property.
Oakden displayed an aerial photograph of the property and pointed out the location of the lot, the
adjoining property, and the proposed dock.
Ressler asked what type of material the retaining wall will be constructed out of.
Oakden stated to her knowledge it is rock.
Stuart Cleaveland, Black Bear Builders, stated included in the Planning Commission packet should be a
picture depicting the proposed wall. Cleaveland indicated it will be a boulder wall, with pavers on the flat
portion. Cleaveland stated unfortunately their landscape architect is running behind and is not here yet.
Libby commented this is a great location on the Island. Libby asked if there have been any conversations
with the Minnehaha Creek Watershed District.
Oakden noted the dock will require approval from the Minnehaha Creek Watershed District and that it is
the applicant's responsibility to obtain that permit. City Staff will not issue the building permit until that
approval from the MCWD is received.
Cleaveland indicated they are still in communication with the MCWD and that he will be contacting them
after the meeting. Cleaveland stated he has not heard of any issues at this point.
Neugent stated the slope is basically falling and that their intent is to stabilize it.
Ressler asked if they will also be doing riprap.
Neugent indicated that is there currently.
Cleaveland stated the riprap they are proposing is in a different location.
Ressler asked if that is noted in the Staff report.
Oakden stated she noted in the memorandum that they are realigning the path and retaining wall but that
she will clarify that before it goes before the City Council.
Thiesse stated a lot of times the City will require screening along the shoreline to conceal the wall
somewhat but that since it is a boulder retaining wall, it will not look much different than the riprap along
the shore in a number of different locations along the Island.
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
Monday, June 18, 2018
6:30 o'clock p.m.
Cleaveland stated to his knowledge they will be doing vegetation around the retaining wall.
Oakden pointed out the dark green on the map is the area where the applicants are working with the
MCWD to improve the shoreline and that there will be vegetation included with that.
Thiesse asked if there will be a sidewalk to the lake.
Oakden stated project areas A and B fall under the City's handicap accessibility code.
McCutcheon asked if there were previous steps or whether the area is pretty flat.
Neugent stated the path itself is very crooked and unstable and is a dangerous path.
McCutcheon commented he is glad the buffer area has been increased.
Oakden stated to her knowledge there are no stairs in that area.
McCutcheon stated he was concerned about runoff going down the stairs and into the lake.
Neugent stated by moving the path further back, that will help with the runoff and will be better for the
lakeshore.
Chair Thiesse opened the public hearing at 6:48 p.m.
There were no public comments relating to this application.
Chair Thiesse closed the public hearing at 6:48 p.m.
Thiesse stated the application is very straight forward and that they are working hard to maintain and
preserve the shoreline.
Olson moved, Erickson seconded, to recommend approval of Application No. LA18-000056, Stuart
Cleaveland, 710 Big Island, granting of hardcover variances. VOTE: Ayes 6, Nays 0.
Date Application Received: 05/23/2018
Date Application Considered as Complete: 06/14/2018
60 -Day Review Period Expires: 8/13/2018
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: 18 June 2018
Subject: #LA18-000056, Black Bear Builders o/b/o Chris & Leslie Neugent,
710 Big Island, Variances, Public Hearing
Application Summary: The applicant is requesting variances for hardcover and a retaining wall in
the 75 foot lake yard setback.
Staff Recommendation: Planning Department Staff recommends approval.
Background
Variances were granted in 2016 (File 16-3618) and 2018 (LA18-000004) permitting additions to an
existing cabin on the property.
The applicant proposes three improvements within the 75 lake yard, labeled A, B, and C on the
attached plan. Improvements A and B are permitted by code, no variances are necessary.
Improvement C requires a variance and is the subject of this application.
The property owners are requesting the retaining wall and hardcover variances. The property
currently has a small path with a retaining wall to access the west dock. The retaining wall is failing
with a significantly slanted walking path. Included as part of the proposed improvements are
extensive landscaping around the shoreline and throughout the property. They are proposing to
remove 4 trees within the 75' lakeyard and they will plant 8 native trees in various locations in
the lakeyard. Please refer to the landscape plan exhibit for further detail.
The applicant is also proposing a 4 foot walkway from the main dock and stairs to the house as well
as additional hardcover for access from the lake to the detached garage. They are proposing to use
a variety of materials including pavers on the walking, rock to match the existing rip rap along the
shore, geogrid grass pavers, and gravel pavers. These improvement are allowed per City Code 78-
1282 (6) for handicap accessibility.
LOT ANALYSIS WORKSHEET
Section 78-570 & 78-1279 - Setbacks:
RS DISTRICT
Required
Existing
Proposed
South Side
50'
81.7'
Cabin = No Change
East Side
50'
261'
Cabin =No Change
Lakeshore
75'
Cabin (screen porch) = 75'
Cabin 75' (No Change)
FILE #LA18-000056
18 June 2018
Page 2 of 4
Average Lakeshore The entire property is located lakeward of the average lakeshore setback
line determined by the properties at 700 Big Island and 720 Big Island.
*The applicant is proposing new hardcover through the property in the 75' lakeyard and a
reconstructed retaining wall.
Section 78-1403- Structural Coverage:
This property exceeds 1.99 acres therefore is not subject to the 20% structural coverage limitation.
Section 78-1700 -Hardcover Calculations:
Stormwater
Total Area in
Allowed
Existing
Proposed
Overlay District
Zone
Hardcover
Hardcover
Hardcover
Tier
25,934 s.f.
4,028 s.f.
6,447 s.f.
Tier 1
103,738 s.f.
(25 %)
(3.9%)
(6.2%)
Applicable Regulations:
Hardcover Restrictions (78-1680)
Within 75 feet of the ordinary high water level (OHWL) of any lake no hardcover shall be placed,
located or constructed, except regulated by the shoreland overlay district.
The applicant is proposing to reconstruct a deteriorating retaining wall and sidewalk on the west
side of the property to access to a dock. The west dock access and main entry walk access seem
reasonable and necessary.
Structures on Lots (78-1279)
Retaining walls shall not be placed within the shore setback zone.
There is currently a failing retaining wall that is slanted and no longer retaining the earth. The
applicant is looking to replace the retaining wall and existing sidewalk. The retaining wall will be
realigned slightly to follow the existing grade on the property and gain better access to the west
dock.
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.
FILE #LA18-000056
18 June 2018
Page 3 of 4
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
variances are minimal and designed to appear as grass or pervious areas and generally
consistent with the intent of the ordinance. This criterion is met.
2. The variance is consistent with the comprehensive plan. The requested variances are
consistent with the residential goals within the comprehensive plan. This criterion is met.
3. The applicant establishes that there are practical difficulties.
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.This
criterion is met.
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 locality. This condition is met.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth -sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as the use for a residential cabin is an allowed use
in the RS District. This criterion is met.
7. The board or council may permit as a variance the temporary use of a one -family dwelling as
a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. The property is an existing lot of record and
contains a large number of mature trees for screening. The topography of the property
increases as it moves away from the lake and the owner feels the proposed improvements
are necessary for access and are logical and will not adversely impact adjacent properties.
This criterion is met.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The property is situated at the northwestern most point of the island. The
applicant's proposal does not appear to be out of character with the area. The slope is
beginning to erode and walkway have become unsafe creating conditions which do not
apply to adjacent properties. This criterion is met.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Granting a lake setback variance to allow the
retaining walls within the 75 -foot lake setback and hardcover in the lakeyard is reasonable
and necessary to preserve the property rights of the owner for access and supported by
the vulnerable lake yard slope on the property.
FILE #LA18-000056
18 June 2018
Page 4 of 4
11. The granting of the proposed variance will not in any way impair health, safety, comfort or
morals, or in any other respect be contrary to the intent of this chapter. Granting the
lakeyard setback variance and hardcover variance for allowing the retaining walls and
hardcover 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 and hardcover variances to permit
the construction of a retaining wall and hardcover access improvements within 75 feet of
the OHWL. This statement is true.
The Commission may recommend or Council may impose conditions in granting of variances. Any
conditions imposed must be directly related to and must bear a rough proportionality to the impact
created by the variance. No variance shall be granted or changed beyond the use permitted in this
chapter in the district where such land is located.
Practical Difficulties Statement
Applicant has 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 due to the nature of the lot at the point of the island there are practical difficulties
supporting granting 75 foot lakeyard setback and hardcover in the lakeyard variances for access
improvements to the property. The applicant is looking to reconstruct a failing retaining wall and
walkway for access to the west dock. As part of the project the applicant will be adding hardcover in
the 75 foot lakeyard for create access for a handicap family member to the cabin from the lake.
Public Comments
To date, no public comments have been received.
Issues for Consideration
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?
Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
Are there any other issues or concerns with this application?
Planning Staff Recommendation
Staff recommends approval of the proposed improvements.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C.
Project Map
Exhibit D.
Existing & Proposed Survey
Exhibit E.
Proposed Plans
Exhibit F.
City Code 78-1282
Exhibit G.
Property Owners List and Map