Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-13-2017 Council Packet
Agenda for Council Meeting Set for Monday, February 13, 2017, 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 Appointment/Oath of Office 1. Appointment to Fill Vacant Council Position Approval of Agenda 2. Consent Agenda — Consent agenda items, including (*) asterisk items, are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda, please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 3. Council Meeting of January 23, 2017* 4. Council Work Session of January 23, 2017* 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. Public Works/City Engineer Report 5. Ordinance to Repeal the Well Head Protection Ordinance 6. Fuel System Replacement 7. Pressure Washer Replacement 8. Replacement of Truck #427 9. Big Island Docks Discussion Planning Department Report 10. 16-3875 - Pillar Homes, o/b/o Whitney Windmiller & Greg Blasko, 3295 Crystal Bay Road, Variance Amendment 11. 17-3886 - Hennepin County, 3380 Shoreline Drive, Conditional Use Permit: Essential Service 12. 17-3887 - Revision, LLC o/b/o Geoffrey & Stephanie Martha, 2092 Shadywood Road, Variances 13. 17-3888 - Bruce Quam of DJ Kranz Co., Inc. o/b/o Good Shepherd Lutheran Church, 3745 Shoreline Drive, Conditional Use Permit: Addition 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, February 13, 2017, 7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us 14. 17-3889 - Timothy & Jane White, 2170 Prospect Avenue, Variances 15. 17-3890 - Denali Custom Homes o/b/o Steve & Stacia Andersen, 517 Ferndale Road North - After -the -fact Variance 16. Comprehensive Plan Update Mayor/Council Report City Administrator's Report 17. Selection of Interim City Administrator 18. Close Fund 317 - 2004 GO Improvement Refunding Bond 19. Close Fund 320 - 2009 GO Improvement Refunding Bond 20. Authorization for Disposal of Weapon 21. Disposal of Bicycles 22. Licenses/Permits* a. Residential Kennel License 23. ClaimsBills* City Attorney's Report Closed Session 24. The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3(b)) to discuss pending litigation. Matthew and Susanne Johnson/David and Archelle Feldshon v. City of Orono, et. al. Court File 27 -CV -17-1030. 25. The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3(b)) to discuss a potential settlement with the EPA. Adjournment Upcoming Events 2017 02-20-17 - President's Day, City Offices Closed 02-21-17 - Planning Commission Meeting, Tuesday, 6:30 p.m. (Richard F. Crosby II Liaison) 02-27-17 - Council Work Session, Monday, 5:00 p.m. 02-27-17 - Council Meeting, Monday, 7:00 p.m. 03-06-17 - Park Commission Meeting, Monday 6:30 p.m. 03-13-17 - Council Meeting, Monday, 7:00 p.m. 03-20-17 - Planning Commission Meeting, Monday, 6:30 p.m. (Aaron Hale Printup Liaison) 03-22-17 - Council Work Session, Wednesday, 5:00 p.m. 03-22-17 - Council Meeting, Wednesday, 7:00 p.m. Sign up for email notifications at www.ci.orono.mn.us — follow links for Stay Connected & Email Notification Department Approval: Name Jessica Loftus Title City Administrator REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y"-4 DATE: February 13, 2017 ITEM NO: 1 Agenda Section: Appointment/Oath of Office Item Description: Appointment to Fill Vacant Council Position The Council received four (4) applications in response to an advertisement for candidates to fill the unexpired City Council term that is open due to the election of Dennis Walsh as Mayor. The Council interviewed the following candidates earlier tonight: 1. Wendy Dankey 2. Bradley Holt 3. Georgette Jabbour 4. Jon Schwingler The Council may wish to discuss the qualifications and preferred experiences for the appointment and select one of the four applicants for the position. The following evaluation criteria might be useful for the discussion: ➢ Brings knowledge, experience, and perspective to the review of issues before the Council. ➢ Commitment to the best interests of the community at large and to the overall philosophy of the City. ➢ Familiar with the policies and plans which guide the City, as a framework for decision- making. ➢ Perspective on key issues facing the City Council and Council responsibilities. ➢ Team player with the ability to work cooperatively with others. ➢ Contributions to the community through involvement in community organizations, and/or service on the City's volunteer commissions. COUNCIL ACTION REQUESTED: Consider a motion to adopt the attached resolution appointing to the unexpired term on the City Council that expires on December 31, 2018. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION OF APPOINTMENT TO FILL A VACANCY ON THE ORONO CITY COUNCIL WHEREAS, Orono Council Member Dennis Walsh was elected to the office of Mayor at the November 8, 2016, General Election and assumed such office on January 9, 2017, prior to the end of his term as Council Member; and WHEREAS, the Council adopted Resolution No. 6717 Declaring a Council Vacancy on January 9, 2017; and WHEREAS, the Council received four applications in response to an advertisement for candidates to fill the unexpired City Council term; and WHEREAS, the Council interviewed all four candidates; and WHEREAS, the Council discussed the qualifications and preferred experiences for the appointment and selected for the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono Minnesota, hereby appoints to fill the vacancy as Council Member through December 31, 2018. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor a OATH OF OFFICE State of Minnesota ss. County of Hennepin I, , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Minnesota, and that I will faithfully discharge the duties of the Office of Council Member of the City of Orono in the County of Hennepin, the State of Minnesota, to the best of my judgment and ability. Signature Subscribed and sworn to before me this 13th day of February, 2017. (stamp) Signature of Notary Public MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 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, Council Members Richard Crosby, II, Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Community Development Director Jeremy Barnhart, Public Works Director/City Engineer Adam Edwards, City Attorney Soren Mattick, 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 *1. CONSENT AGENDA Item Nos. 4 and 8 were added to the Consent Agenda. Item No. 13, Appointment of City Prosecutor under City Administrator's Report, was added. Seals moved, Crosby seconded, to approve the Consent Agenda as amended, with the addition of Item No. 13, Appointment of City Prosecutor under City Administrator's Report. VOTE: Ayes 4, Nays 0. PUBLIC COMMENTS Greg Coward, 1950 Heritage Drive, stated he is here tonight because he read in the local newspaper that the Planning Commission meetings will now be taped. Coward stated in his view videotaping the Planning Commission meetings is a wonderful idea and that he was struck that one of the Planning Commissioners was against that idea. Coward stated he has attended a number of Planning Commission meetings, and at one of those meetings when the Tufta development was being discussed, he asked the Planning Commission why there had been no comment at all about neighborhood preservation. At that point Commissioner Kevin Landgraver asked if that particular property was in the Fox Hills Association. When he was told no, he said, well, then it is not in the neighborhood. Another commissioner said that all the houses across the street would be torn down anyway. Coward stated that indicated a feeling that it was not important to talk about neighborhood preservation. Coward stated the real reason for some of the Commissioners not wanting the Planning Commission meetings to be videotaped is that they would be on record for that type of comment. Coward noted the paper also mentioned that there was a comment about the expense of the videotaping and that Council Member Printup recognized the fact that there was minimal expense. Coward stated there was also a comment about seeing how many people view the Planning Commission meetings. Coward stated in his view that is not the best criteria for determining whether the meetings should be videotaped but that it is more to keep the Planning Commission itself on track and have them accountable for what they do and what they say. Coward stated as a citizen, it would have been very helpful to have been able to go back to the videotape and watch certain portions. Page 1 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Catherine Sweet, 3405 and 3407 Crystal Bay Road, stated she owns two pieces of property on Crystal Bay Road. Sweet stated when she purchased the 3407 property, she was aware that she did not own lakefront but that she did not understand exactly what lake rights were at that time. Sweet indicated she recently has decided to downsize and has been working with a real estate agent to sell 3407. Due to a covenant or an agreement entered into a number of years ago, that property does not have dock rights but it does have beach and bathing rights. Sweet indicated she was unaware of that when she purchased the property. Sweet stated she has had lots of parties that are interested in purchasing the lot but that they would like some assurance that they can put a dock on the property and not have it be taken away at some point in the future. Sweet indicated she has been working with Mr. Barnhart on this matter and that she would like the Council to consider two options that have been outlined in a packet of information she supplied to Staff. The first option is looking and considering a program that other lakefront cities are using. Sweet indicated Mound has set up a program for properties, where there is just beach and bathing rights, the opportunity for the property owner to rent the right to place a dock on their property. The second option is to ask for consideration that the City Council release the easement located between the two properties. Sweet stated when she purchased the 3405 house, she was aware of the fact that there was an easement between the two properties. The previous property owners had placed a driveway over the easement and that she asked permission from the City to continue to use the easement. Sweet stated she would like the City Council to consider releasing the easement and splitting it between the two lots, which would add ten feet to the 3407 lot. Mayor Walsh stated the City will take it under advisement. Community Development Director Barnhart noted the information referred to by Ms. Sweet was placed on the Council dais prior to the meeting since it was received after the packet was prepared and delivered to the Council Members. 12111111 COli.T13 74.YL4I 1 Ira WE" lei 0104 'A 7=04 0) AN 3. NORTH WATER TOWER MIXER Public Works Director/City Engineer Edwards stated the City received two quotes for the installation of a water tank mixer for the north water tower. The low bid was received from Quality Flow Systems, Inc., at $12,162. Edwards noted this item was listed on the CPI for $25,000. Council Member Seals stated she would have consented this item but that there was a discrepancy in the numbers on the page she had. Edwards stated Paragraph 4 should have read $12,162. Council Member Crosby asked what will happen with the excess revenue since it was originally budgeted for $25,000. Page 2 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 3. NORTH WATER TOWER MIXER (continued) Edwards indicated it will remain in the Water Enterprise Fund for other future needs. Seals moved, Crosby seconded, to accept the quote in the amount of $12,162.00 from Quality Flow Systems, Inc., for the installation of a water mixer in the north water tower. VOTE: Ayes 4, Nays 0. *4. APPROVE REHABILITATION OF LIFT STATION #6 (2478 CASCO POINT ROAD) AND LIFT STATION #7 (2552 SHADYWOOD ROAD) Seals moved, Crosby seconded, to accept the quote in the amount of $87,560 from Quality Flow Systems, Inc., for the upgrade of Lift Station 6 and Lift Station 7. VOTE: Ayes 4, Nays 0. 5. WELLHEAD PROTECTION ORDINANCE Edwards stated Staff is looking for some direction from the City Council on whether to amend or repeal the ordinance. Edwards noted in 2013, the City adopted the Wellhead Protection Plan. One of the items in the plan was to create an ordinance restricting the drilling of private wells in the wellhead protection areas. In 2015, the City Council adopted Ordinance No. 135. Edwards stated there was an interest expressed by the Council to amend the ordinance to allow new private wells within the drinking supply area. Staff would recommend that if the Council would like to amend the ordinance in that manner, it should be repealed since restricting the drilling of private wells in the wellhead protection area was the intent of the ordinance. Walsh noted this goes back to a discussion the City Council had two years ago and basically regards property rights. Walsh stated the state is the one who issues licenses to drill and is the one who oversees and regulates wells. Walsh stated keeping that under their purview would be plenty from a protection standpoint and that he would be in favor of repealing it. Seals and Crosby stated that makes sense. Seals moved, Crosby seconded, to retain ORDINANCE NO. 135, an Ordinance Protecting the City's Wellheads by Prohibiting New Private Wells Where Public Water Supply is Available. VOTE: Ayes 4, Nays 0. PUBLIC WORKS/CITY ENGINEER REPORT, CONTINUED: Edwards reported on the following activities by the Public Works Department: • Some tree removal on City property and right-of-ways was performed throughout the City of Orono • Annual equipment maintenance was completed • Snow removal was performed fairly often within the past 30 days • The City's holiday lights were removed Page 3 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. PUBLIC WORKS/CITY ENGINEER REPORT (continued) • Well No. 4 site development is currently underway • Lift station 2 backup generator installation started and will be completed this spring • SADA upgrade is underway • Installed MH risers at Fagerness • The Baldur Park Lake Access was repaired • The Lurton Park information sign was installed, with increased usage being noted. PLANNING DEPARTMENT REPORT 6. JAKE BARKLEY, 430 OLD CRYSTAL BAY ROAD, DETERMINATION OF USE Barnhart stated in every zoning district different uses are listed as permitted conditional use permits. Construction of a new building within a zoning district typically requires a site plan review as well as approval by the City Council. Conditional use permit applications also require a public hearing. Conditional uses are uses that are allowed but certain conditions should be placed regarding that particular use to prevent unwanted elements or uses from occurring. The industrial zoning district allows for manufacturing of a broad range of products. Manufacturing is permitted provided there is no exterior noise, glare, fumes, obnoxious products, by products or wastes, or creates other objectionable impact on the environment. Barnhart noted this includes vibration or dust, which is virtually impossible. Barnhart stated the purpose tonight of this item is for Council to review the proposed use and to make sure that Staff understands what the Council means by no noise, etc. Barnhart stated exterior noise is prevalent in the use of all property and that Staff understands the criteria to mean "no manufacturing activity outdoors that produce noise observable beyond the property." Onside handling of byproducts will be resolved as part of the site plan approval process. Jake Barkley is considering purchase of 430 Old Crystal Bay Road to construct an industrial building that would house his business that takes in large limestone blocks or slabs and cuts them using large saws. The finished stone is used in landscaping and building architecture. Onsite activities include the loading and unloading of the large stone blocks using end loaders and trucks. While the activity occurs primarily inside the building, occasionally the door will be open to accept new material and ship out the finished product. Barnhart noted there will be some limited noise for every industrial use. Barnhart illustrated the proposed site on the overhead. The property is located on Old Crystal Bay Road. Mr. Barkley is proposing to construct a new building on the site to house his business and there will be some exterior storage associated with the business. Orono Preserve, a new residential development, will be constructed across the street commencing this spring. Staff believes the proposed use is appropriate in the industrial zoning district. Site plan approval for a new building requires a public hearing and review by the Planning Commission and City Council. Barnhart indicated Staff did investigate a similar business in St. Cloud over the holiday break. Barnhart noted the various sound readings are outlined in his memo. Page 4 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 6. JAKE BARKLEY, 430 OLD CRYSTAL BAY ROAD, DETERMINATION OF USE (continued) Barnhart indicated they measured the noise outside the building at various distances. The noise at the closed door measured at 68 decibels and 30 feet from the closed door the noise measured 58 decibels. On the south side where there is no exterior door the noise measured 65 decibels at 15 feet away from the building and 59 decibels 30 feet away. Barnhart noted background noise and street noise is about 60 decibels. Barnhart stated the door configuration is important to consider since the applicant has indicated that as part of his process his goal is to have the saw running 24 hours a day, which is fine if noise is not detected off the property. Barnhart stated there will be times when the exterior door is open to allow for loading and unloading of product and that some noise will be discernable but that the noise level drops off fairly quickly 30 feet away. Eighty feet away with the door open the noise level is at 63 decibels, which is close to street noise. Barnhart stated currently the property is vacant and is situated higher than Highway 12. Barnhart stated in his view it is an appropriate use from a noise standpoint. Barnhart displayed a picture of the saw to be used by the applicant. Following a review by Staff of the proposed use and what is allowed in this district, it is Staff's feeling that the use is consistent with the purpose and intent of the industrial zoning district. Barnhart noted the applicant will undertake a significant investment in the development of building design and site review and that he would like to know whether the City Council would be amenable to this type of business prior to incurring that expense. Staff anticipates conditions will be imposed as part of the site plan approval and would include screening of exterior storage and a requirement for exterior doors to be closed when stone cutting activities are occurring except when loading and unloading. Walsh asked if there are any houses on the south side that fall within 350 feet. Barnhart indicated there are a couple of properties, with one of the lots being vacant at this time and owned by MnDOT. Walsh noted there is also the new development located across the street. Seals asked whether houses will be located in the circled area depicted on the map. Barnhart indicated there will be and that constructed is expected to start sometime this spring, early summer. Walsh stated his only concern is the 24 hour a day delivery, especially with houses being right across the street. Walsh commented someone cannot perform house construction in the middle of the night or have home deliveries and that there will probably will be 15 homes in that circle once the development is completed. Page 5 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 6. JAKE BARKLEY, 430 OLD CRYSTAL BAY ROAD, DETERMINATION OF USE (continued) Barnhart stated the challenge Staff has is that this is an industrial zone and that another use would also likely have trucks backing up into this space. Barnhart stated there is always some give and take a little bit with industrial and that in his view the bigger issue is not the noise generated from truck engines but rather from the backup alarms. Jake Barkley, 3640 Bayside Road, stated his current business is located in Mankato, Minnesota, and that they presently run a day shift from 6 a.m. to 4 p.m., which is also when shipping and receiving occurs. Barkley stated one block of granite takes about 36 hours to saw and that there will not be 20 trucks coming a day. Barkley indicated limestone saws can cut three to four stones a day, and to be economically feasible, the plant needs to run 24/7. Walsh stated his main concern is the deliveries and the lights given the residential development that will be located across the street. Walsh stated while Mr. Barkley can say deliveries are rare, that does not mean there are not ten loads coming in the following week at night. Barkley stated they would not be unloading blocks at night and that they currently only have deliveries during the day. Barkley noted there are trucks going up and down Highway 12 around the clock, which is different from Old Crystal Bay Road, but that there is traffic on that road throughout the night. Barkley stated any amount of shipping would be minimal in the grand scheme of things. City Attorney Mattick stated under a site plan approval, limiting site hours is more difficult, but that Staff can take a look at that. Barnhart noted he spoke earlier about screening and door orientation, which is something that will be looked at during the site plan process. Barnhart stated it would be appropriate, as part of the site plan review, to look at where the exterior doors are located. Barnhart stated any industrial property will have noise issues and responsible site design can mitigate those issues to some degree. Seals asked whether it is possible to position the doors and deliveries towards the back or sides that are not facing residential areas. Seals stated her big concern is Orono Preserve and that she would like to mitigate some of those issues. Barkley stated they intend to have an office and a more presentable street front. Barkley stated he is assuming they will want to put that on the west side and face the street but that they have not begun designing the building at this point. Barkley indicated his current building is approximately 65,000 square feet but their flow is not good. This site can handle roughly 60,000 square feet of building. If the building layout is efficient, they will be able to grow into that for the next 10-20 years. Barkley stated the idea with manufacturing is to put the raw goods at one end, with the end product coming out the other end. Barkley indicated they perhaps could run it from east to west but that they will want to store a lot of finished goods on the north or south side. Council Member Printup asked if berming could be required along Old Crystal Bay Road. Page 6 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 6. JAKE BARKLEY, 430 OLD CRYSTAL BAY ROAD, DETERMINATION OF USE (continued) Barnhart stated he would expect there be an office component to the building and that the better way to address these types of concerns is through design and not regulation. Barnhart stated the design of the manufacturing process is built into how that building operates. Printup asked if there are some platted areas for future roads behind JEM. Barnhart stated that road would be the responsibility of the person who develops the lot. Printup asked if there is anything that goes up to Wayzata Boulevard behind JEM. Barnhart indicated there is an east/west road there. Crosby asked if Mr. Barkley's current building is close to residential. Barkley indicated there is a residential neighborhood adjacent to them at the current site. Crosby asked what their noise situation is currently. Barkley indicated there is truck traffic during the day and that is about it. Crosby asked if there is any noise from the saw running. Barkley stated the neighborhood is to the north and a lot of the equipment is located on the south side of the building. Barkley stated you really cannot hear the noise from the saw when the doors are closed. Walsh asked whether he would be willing to limit deliveries of the stones from 9:00 at night until 6:00 in the morning to avoid deliveries during the night. Barkley stated there are specifics and details to that question that he cannot answer. Barkley indicated right now they do not open the doors during those hours but that if they have a truck coming across the country, the truck will park and wait there until the receiving hours are open. Walsh commented there will always be unexpected circumstances, but that he is talking from a general logistics standpoint. Walsh stated if there are five or ten homes that are valued at half a million dollars across the street that they cannot sell due to a perceived issue, that could be a problem and that he is trying to mitigate that. Walsh stated he is not worried about the noise during the day but that it is the middle of the night hours that could cause issues. Barkley stated another way to respond to that is that a lot of their product gets unloaded with mobile equipment and overhead cranes and it is not safe to do that in the dark. Walsh stated he would be comfortable if Mr. Barkley would say there would be no deliveries from 9 p.m. to 6 a.m. Walsh stated he is trying to mitigate the worst possible situations that could come up. Page 7 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 6. JAKE BARKLEY, 430 OLD CRYSTAL BAY ROAD, DETERMINATION OF USE (continued) Barkley stated he wants to be a good neighbor but that he does not want to curtail his ability to do business on the front end. Walsh stated if Mr. Barkley feels he can mitigate those concerns, the Council can do so as well. Barnhart stated he is hearing that the Council supports the use and that the concern to address is the truck noise due in part to loading and unloading. Barnhart stated the saw noise can be mitigated with the design of the building and that Staff can address that with the site plan review. Barnhart stated he would prefer not to put restrictions on the use if they can be addressed through the site plan review. Barnhart stated based on the discussion, Staff will move forward with the applicant on the next steps. The City Council took no formal action on this item. 7. SENIOR PLANNER RECRUITMENT Barnhart noted Senior Planner Mike Gaffron will be retiring effective May 31, 2017. To meet the customer service goals and to manage the planning department workload, it is Staff's recommendation that this or a similar position be filled. Rather than filling the position with another senior planner, Staff recommends hiring a city planner and reducing the pay grade from Step 12 to Step 11. Barnhart stated the community development director and existing current senior planner currently address many of the goals the City has but that they do need somebody to fill in the holes that will be created by Mr. Gaffron retiring, which are mainly land use applications. Barnhart noted he did outline in his memo how the responsibilities would be split up and that he would take over the more complex subdivisions and issues and the two city planners would do the code enforcement and land use cases. Barnhart noted hiring a city planner rather than a senior planner would result in a savings in salary expense. At this time Staff is requesting approval from the Council to shift department resources. Barnhart indicated the start date of May 1 st would provide some overlay to allow for some training of the new planner and that Staff is attempting to bridge that gap as much as they can. Crosby asked how many planners the City currently has. Barnhart indicated there is currently one city planner, one senior planner, and a community development director. Seals asked how that compares to other cities Orono's size. Barnhart stated Mound has a population of approximately 9,200 and they employ a staff planner, a community development director, and a city planning consultant. Mound had 14 land use cases from July to December and Orono had 34. Mound had 9 variances and Orono did 21. Page 8 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 7. SENIOR PLANNER RECRUITMENT (continued) Barnhart stated size is somewhat of a factor but that there are other factors that need to be looked at. Medina has a population of 5,200 and they have one planner. In that six-month period they had eight land use cases. Wayzata has one staff planner and they have hired a planning director a little over a year ago. In that transition they used a consultant to help with more complex cases. Wayzata had 16 land use cases from July through December. Barnhart noted Orono does not have a December Planning Commission meeting and that Orono's numbers reflect five months rather than six. Barnhart stated Orono does quite a bit more in terms of how they administer the zoning ordinances, which is part of the reason for the extra personnel. Barnhart stated if the City does not fill this spot, he will need to look at what Staff does not address. Seals asked if the customer service issue relates to a lack of people or whether the process or codes are not where they should be. Barnhart stated currently they have enough people to handle customer service needs but that will be hurt if Staff is decreased. Barnhart noted they have talked about online permitting, which will help the intake portion, but that there is also the review of the permit application, which is done by the planners. Barnhart stated the current process is not flawless and that there are opportunities to make some changes. Barnhart stated in his view they need someone to do the work on the back end. Walsh asked if there is the option of not replacing Mike and making the process simpler, such as online permitting and updating the code. Walsh stated if the City needs to, they could employ a consulting firm on a temporary basis to see how it works out as a number of changes are put into place. Barnhart stated that is one option and that the improvements will help eliminate some of the front end pressure. Barnhart stated his bigger concern is that Mike is leaving on May 31St and that June and July are the busiest months. Barnhart stated the goal for his position is to oversee the planners. In addition, the Comprehensive Plan update needs to be started and the City will not be able to avoid hiring a consultant to help with that process. Barnhart stated from his perspective the City will get more benefit from having a staff person rather than a consultant. Walsh commented it is one of those things where you will not know until you try to find out what you can do. Walsh stated people tend to underestimate themselves and that they have the ability to do more. Barnhart stated he understands that but that in the two years he has been here, he has found that the planners are working on the Council or Planning Commission packet Monday through Friday and on Friday they return calls. Barnhart stated that really is not acceptable but that they do not always have time to return the calls. Barnhart noted each application has a comment letter, a letter of completeness, a Planning Commission report, a Planning Commission action report, a staff report, and a draft resolution. Barnhart stated a lot of work is involved in each application because Orono's ordinances require that. Barnhart stated he does know what will happen if they do not fill the position in the near future and that they will need to fill it one way or another. Barnhart stated if they wait until June 15, they will have lost the summer and the residents and Council will start to get frustrated with Staff. Page 9 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 7. SENIOR PLANNER RECRUITMENT (continued) Walsh stated he does not have a problem with hiring a consultant to do the Comprehensive Plan update. Walsh asked whether the City is eligible for any grants through the Metropolitan Council. Barnhart stated Orono is not eligible for those. Crosby asked what the salary would be for the new employee. Barnhart indicated the current salary for a city planner is $60,651 with a top rate of $75,000. Barnhart stated in his view there is an opportunity to look at restructuring of the department but that it likely will be on the front end more so than the planning department. Printup stated his comfort level is not filling the position right now but that he would be interested in looking at restructuring and then revisiting it. Printup stated he is not interested in a replacement at this time. Seals stated she would like to know where Staff feels there are issues so the City can investigate and spend time looking at those. Seals stated what she heard during the code committee meeting is that there are lots of cities that are doing it with less for a multitude of reasons. Seals stated she was wondering if the City were able to put some of those in place, whether that might free up some time for the planning staff. Seals stated she understands it will take some work to get there but that she does not like to hire someone who might have to be let go in six to nine months. Seals stated she would like to simplify and streamline things. Crosby stated if the process can be streamlined, that would be preferable, but that he also does not want to handcuff Staff and make them feel completely overburdened. Barnhart stated he understands the City is a user of public money and that they try to do it as responsibly as possible. Barnhart stated the City has a number of services they have to provide and there are certain resources that are necessary to provide those services. Barnhart indicated he put together a summary sheet for the Planning Commission which shows that in 2016, the City received 103 new applications. In June the City received eight. Barnhart noted Staff stopped doing zoning code amendments in May because Staff did not have time to do those due to the number of applications that came in. There were 14 new applications in May. Barnhart stated it is hard for two people to do a thorough review of that many applications and get it right. Barnhart noted if the position is not filled, he and the planner would each have to take seven applications in that month, which will result in applications being tabled. Barnhart stated three to four applications is the maximum in a month each planner can handle. Barnhart stated the expectation of a single planner doing seven applications in any given month, in addition to the Comprehensive Plan update, is not realistic. Barnhart noted he would still need to help with the Comprehensive Plan update even if the City retains a consultant. Barnhart stated he hopes to improve the process but that currently some of their call backs are two to three days later. Page 10 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 7. SENIOR PLANNER RECRUITMENT (continued) Barnhart stated currently building permits take six weeks and that he hopes to get it down to ten days. Barnhart stated if they take away the extra people, even if the process is improved, they will not get it down to ten days. Seals stated other cities are able to do it with less people. Seals noted Wayzata, if you doubled their work load, would have two planners. Barnhart stated they also do not have the work load that Orono has. Barnhart noted their building official does all code enforcement and that they have other people that help with different aspects of the planning department. Barnhart stated Wayzata employs a building official and an outside building inspector and Orono uses a consultant. Barnhart indicated he does understand the cost concerns with filling the position but that he wants to make it clear that it will be very difficult to maintain the level of services that is already considered to be poor. City Administrator Loftus stated what might end up happening is that the Community Development Director will have to use his time up on land applications and that the City will be paying someone 30 percent more than a planner. Loftus stated Jeremy's time is best spent on code changes, figuring out a new process and implementing it, which takes time and Staff encouragement. Loftus stated if he is spending his time processing land use applications the last six months of the year, those code changes and process changes will not get done and that there is some risk in trying it without hiring another planner. Seals stated she is wondering where else in the City offices there are other opportunities to streamline the process, which is a discussion for another time. Seals stated the Community Development Director is an expensive resource and that she wants him to be focused on how to change codes and make the process easier. Seals indicated she works for a corporation and that they are constantly looking at how they can become more efficient and where the resources should be used. Seals stated since it involves citizens' money, she is trying to be responsible and look at the bigger picture. Crosby stated another point to think about is if the process does get easier, the number of applications received might increase and another planner might need to be hired at that point. Crosby stated refining the process to make it easier will be helpful overall. Walsh stated they need to work on response time to the residents and that he would like to get a better perspective on it. Seals stated there perhaps should be a needs assessment of what must to be done as well as what each employee is doing. Walsh stated he would like to discuss this further and review how the process can be made simpler and more efficient. Seals commented she does support Staff but that she is hesitant to put another person in there when they have a person in there currently and they are not getting the responses they would like. Page 11 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. 7. SENIOR PLANNER RECRUITMENT (continued) Barnhart stated he appreciates that and that is why he proposed to hire a city planner and not a senior planner. Barnhart noted Mr. Gaffron knows the history of the City and does the complex land use applications and that Melanie does more of the building permit applications. Barnhart stated two city planners can share that role and that he is looking at this somewhat as a reorganization. Barnhart stated there will be some savings to hiring a city planner and not a senior planner and that he is not planning to propose filling the senior planner position in the future. Barnhart indicated he is trying to maintain continuity and that he would be happy to have a discussion with his department and talk things through. Mattick stated the Council does not need to make a formal motion and that the position will not be advertised at this point. MAYOR/COUNCIL REPORT Seals reported last week they had their first code meeting and that in attendance were a number of builders in the area who shared ideas from other cities that work well. Seals indicated the committee will look into those to see whether the ideas shared will improve the process in Orono. Printup and Crosby stated they had nothing to report. Walsh reported he recently attended the western mayors meeting in Loretto and that there were also some representatives from the Metropolitan Council present. A discussion was had on how to deal with the Comprehensive Plan update. Walsh stated he also attended the code review committee meeting and that it was a very constructive meeting. Walsh stated there are a number of items they can look at to address the permitting process, the variance process, and the City's fee schedule. Walsh stated there are a number of follow-up items they will be working on in the coming month. Walsh stated he has attended their first of the year communications meeting with Council Member Seals, City Administrator Jessica Loftus and City Clerk Diane Tiegs. A discussion was had about the City's website, Facebook site, and the newsletter and how those can all be pulled together so there is some kind of connection between everything. Walsh stated they also discussed updating the City's website, which is eight years old. Walsh stated there are lots of opportunity to get more interaction with that, such as having a live Facebook feed, to help bring more awareness to what Staff and the City are doing regardless if it is planning or finance. Walsh stated he and Council Member Seals over the past couple of weeks have looked at a list of interim city managers. Walsh stated he is not sure how many months they will need an interim at this point but that they have narrowed the list down to two candidates. Walsh requested Council Members Printup and Crosby contact those two individuals by phone or in person so it can be an agenda item for the February 13 meeting. Page 12 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT *8. CITY CLERK APPOINTMENT Seals moved, Crosby seconded, to appoint Anna Carlson to the position of City Clerk effective February 6, 2017. VOTE: Ayes 4, Nays 0. 9. WESTERN COMMUNITIES ACTION NETWORK (WeCAN) REQUEST FOR CDBG SUPPORT Loftus stated before the Council tonight is a request from WeCAN for the City of Orono to support their application for a CDBG grant. WeCAN provides emergency services to the residents in the area. Walsh stated WeCAN does a fabulous job in the community and that he would like to get more community leaders involved. Crosby asked what type of things they fund. Loftus indicated they provide Meals on Wheels, emergency assistance, and family support. Walsh stated the assistance is based on financial need and that they offer a variety of services ranging from financial services to food. Crosby asked what Orono typically supports them with. Lotus stated WeCAN is applying for a CDBG grant and that this is merely a letter in show of support recognizing the services they provide to the community in hopes they are able to obtain the grant. Seals moved, Crosby seconded, to approve sending a letter of support for the CDBG grant application being submitted by the Western Communities Action Network. VOTE: Ayes 4, Nays 0. 10. AMEND 2017 OFFICIAL CALENDAR Loftus stated Staff became aware that there may not be a quorum at the March 27 Council meeting due to spring break and vacations. Loftus stated Staff is looking for direction from the Council on whether the meeting date should be changed and whether a date for a work session should be set to interview candidates for the vacant City Council seat. Seals indicated she would prefer Wednesday, March 22, since she will be out of town on the 21 st. Walsh stated they also need to add a work session on February 13 at 5:00 to interview candidates. Walsh asked how many applications have been submitted. Loftus indicated the City has received one application so far but that there is still time to submit those. Seals moved, Crosby seconded, to amend the official calendar approving rescheduling the March 27, 2017, meeting to March 22, 2017, at 7:00 p.m., and to schedule a special work session for February 13, 2017, to interview candidates for the vacant City Council position. Page 13 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. VOTE: Ayes 4, Nays 0. *11. LICENSES/PERMITS a. Tobacco License Renewals 2017 1. John O'Sullivan, O'Sullivan's Holiday #546 2420 Shadywood Road Navarre, MN 55392 2. John O'Sullivan, O'Sullivan's Holiday #547 3340 Shoreline Drive Navarre, MN 55392 3. Jay Kernan, President — Wayzata Country Club 200 Wayzata Boulevard West 4. Richard J. Wood, Navarre Liquors 3421 Shoreline Drive 5. Jeffrey Klingen, Spring Hill Golf Club 725 Sixth Avenue North 6. Navarre Minnoco, Service Station 3360 Shoreline Drive b. Commercial Kennel License 1. The Woofington Lisa and Michael Larson 3596 Shoreline Drive C. Residential Kennel Licenses 1. Bianca and Jon Chance 248 Cygnet Place 2. Britt Gage 2180 Abingdon Way 3. Leslie Hahn 809 Brown Road North 4. Jamie Honor 1725 Bohns Point Road 5. David and LuAnn Runkle 2684 Casco Point Road Seals moved, Crosby seconded, to approve the above listed licenses and permits. VOTE: Ayes 4, Nays 0. Page 14 of 15 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 23, 2017 7:00 o'clock p.m. CITY PROSECUTOR Walsh noted at the Council's work session earlier this evening they interviewed or reviewed the information submitted by the top two candidates that had applied for the City Prosecutor position last year. Seals commented she likes the fact that the one law firm has more than one attorney available to work on City business. Seals stated she is not familiar with Ken Potts. Loftus asked whether the Council would like to interview Ken Potts. Walsh noted the City did receive Mr. Potts' written materials and that he is a one-person shop. Walsh stated in his view it is important to have depth to the City's vendors rather than relying on one person. Walsh commented it would be a good choice to bring in fresh blood and make a new appointment. Crosby indicated he is comfortable with the choice. Printup stated he is comfortable with Tallen & Baertschi provided proper notice is given to Mr. Potts per the City's contract with him and as long as the schedules are coordinated with the police department and other impacted parties. Seals moved, Walsh seconded, to appoint the Tallen & Baertschi Law Firm as Orono's City Prosecutor and providing Attorney Ken Potts with 30 -day notice. VOTE: Ayes 4, Nays 0. CITY ATTORNEY'S REPORT 13. CLOSED SESSION Walsh stated the City Council will go into closed session as permitted by the attorney-client privilege to discuss threatened litigation by Peter Lanpher and Penny Rogers against the City of Orono regarding code enforcement. Walsh moved, Printup seconded, to go into closed session at 8:21 p.m. VOTE: Ayes 4, Nays 0. ADJOURNMENT Seals Moved, Crosby seconded, to adjourn the Orono City Council meeting at 9:12 p.m. VOTE: Ayes 4, Nays 0. ATTEST: Diane Tiegs, City Clerk Dennis Walsh, Mayor Page 15 of 15 MINUTES OF THE ORONO CITY COUNCIL WORK SESSION January 23, 2017 5:00 o'clock p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard Crosby II, Aaron Printup, and Victoria Seals. Representing Staff were City Administrator Jessica Loftus, Community Development Director Jeremy Barnhart, Senior Planner Michael Gaffron, and City Clerk Diane Tiegs. Guests: Sharon Klumpp, Waters and Company; Steve Tallen, Tallen and Baertschi Attorneys 1. Housekeeping Items for the New Council a. Direction for Taking Work Session Meeting Minutes Council directed Staff to provide more in depth minute taking of the Council Work Sessions. b. Food Preferences Light meals are provided for the work session meeting nights due to the long evening. Council would like to continue the light meals and rotate food orders between the local establishments. Jessica stated that approximately $60 is allocated per work session. Council would like to try having coffee/cookies available for the residents during the February Council meetings. This will be re -visited in March to determine if this will be permanent. c. Future Work Session Topics or Requests Loftus provided background on how items are place on the work session agenda. If someone would like discussion on an item it is added to the list for future topics. Pressing items for discussion are prioritized with future topics filling in the agenda items for the month. i. February Draft: 1. Joint Park Commission Work Session for annual check-in. 2. Interview Candidates for Two Openings on the Park Commission Park Future Use ?(DW) Applications are being accepted for Park Commission alternates since Council approved the addition of alternates at the January 9, 2017 meeting. Walsh stated he would like to place protections on the parks and would like to review with Soren what can or cannot be done with park property. Walsh stated he wanted an ordinance stating a 5-0 vote was needed to sell park land. Aaron stated that typically when land is donated for park usage there is an agreement in place. Page 1 of 4 2. Text Amendments Barnhart reviewed how ordinance amendments are reviewed by the Planning Commission. The Commissioners prefer to review amendments at a work session before the Public Hearing of the in-depth amendments. a. 15% Structural Coverage — overlapping regulation 15% structural coverage less than 2 acres. b. Special Event Permits c. Small Lots/5-foot Setback Walsh said the City does not need the extra layers in the code and that the code should just state hardcover and get rid of the structural coverage for lots under two acres only. This would cover everyone under the same rules. Barnhart stated consideration should be given to what is included in the hard cover, i.e., decks for instance. Massing relates to the size of the structure (height, width, and depth) on a lot. Loftus related some cities have floor area ratio to contain massing in lake cities. Printup asked for some history of when the hardcover and structural coverage ordinances were enacted. Gaffron said the hardcover ordinance was done in the 1970's and structural coverage was in the 1990's. Walsh stated garages are larger now which takes up more percentage of the hardcover. Denny would like to provide more flexibility to residents than they currently have on smaller lots and this would allow them to add a little bit more house. Jeremy is concerned with possible massing in some neighborhoods if the structural coverage is removed from the ordinance. Printup said the majority of the small lots are on the lake and 70 percent of the Orono population is on a small lot. Barnhart said Special Event permits were a major issue last fall. There have been more than occasional private parties. The ordinance should have more specific requirements. Barnhart discussed what can be done in the 5 foot setback. Landscaping walls can go up 2 feet for landscaping without requiring a variance. Revise the ordinance for new lots with 5 ft. easements for drainage stating it can be planted at the residents own risk. The Council by consensus, agreed to move forward with the three amendments as illustrated in the staff report. Page 2 of 4 3. Presentation on Administrator Recruitment from Sharon Klumpp, Waters and Co., a Division of Springsted Sharon Klumpp provided and update on the recruitment process and stated revisions per the Mayor for the agreement have been made. Klumpp stated that moving forward with the process she will request Council input, which is a critical piece to understand what the Council is looking for in reference to expectations and a timeline. City Council Members will be contacted individually for a conference call on January 31 or February 1. Each will be contacted by email to set up a convenient time. Council is in agreement with that. The purpose of the conference calls is to assist in creating the recruitment brochure. The questions were provided in a handout for Council Members to review before their conference call. The recruitment brochure is scheduled to be ready for advertising by February 10, 2017. Klumpp stated that the City Council hires the new administrator but she would also like department head input as well. Council agreed that an email questionnaire to department heads for hiring the new Administrator was appropriate. Loftus will inform staff to expect an email from our consultant with questions to respond to for the hiring of the new Administrator. Klumpp reviewed timeline and the process of a video recording of applicants. Candidates are given a link to video their answer to a question. They are given 3 minutes to answer a question then the video is forwarded to Council for review. Walsh said if things fall behind a bit it is good to keep the process flexible to assure the best candidates. Walsh said we are close to finding an interim administrator and plan to hire at the February 13th Council meeting so that person has an opportunity to spend time training with the City Administrator. 4. Interview Prosecuting Attorney Steve Tallen Attorney Steve Tallen re -visited with Council about his firm's qualifications to represent the City of Orono as the prosecuting attorney. Walsh requested that Council reconsider the top two firms for the prosecuting attorney and invited them both back. Tallen attended this work session and Potts is available to attend the February 13th work session. Tallen reviewed his resume and previous experience. Tallen & Baertschi primarily provide prosecution services to municipal clients. Currently the firm provides services to the City of Maple Grove, Robbinsdale, Medina, Loretto, Deephaven, Woodland, the Lake Minnetonka Conservation District, Osseo, and the Hennepin County portion of Rockford. Representations include quite a bit of conflict prosecution and criminal prosecution cases. Tallen assures he does not have a conflict of interest. The City of Orono's work load is comparable to the City of Medina. Page 3 of 4 Interview Prosecuting Attorney Steve Tallen (continued) Tallen stated he tries to run an efficient, aggressive firm with a heart with reasonable representation. Council can give the direction of what is important. It is his belief that the passenger should pay the fines. Misdemeanor civil cases solve the problem. If Council would extend an offer for his services there would need to be timing for taking on another community and coordinate with the police department. He would also request the court to switch the Orono day for prosecution and coordinate that with the police department. Tallen & Baertschi are ready to take on another city. Tallen would like to be connected to the City's records through LOGIS if possible. Tallen stated that the City's current prosecutor is just himself. Tallen's firm has a staff. Walsh stated that Tallen's firm provides depth and the assurance that someone is always available in the office. Orono rates would be based on a fixed fee and the workload would fluctuate depending on how zealous a police officer may be in issuing tickets. Appeals would be billed at an hourly rate and out of pocket expenses would be billed back to the City. In closing Tallen stated he would like to work for the City of Orono. Adjournment 6:45 p.m. ATTEST Diane Tiegs, City Clerk Page 4 of 4 Dennis Walsh, Mayor REQUEST FOR COUNCIL ACTION DATE: February 13, 2017 ITEM NO.: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards Public Works Director/ Title Public Works Director City Engineer's Report Item Description: Ordinance to Repeal the Wellhead Protection Ordinance Exhibits A. Ordinance for the Repeal of the Wellhead Protection Ordinance 1. Purpose. The purpose of this action item is to repeal the Wellhead Protection Ordinance (Code Section 14-142). 2. Background. On January 23, 2017 the City council voted to repeal the Wellhead Protection Ordinance. Subsequently staff has prepared the Ordinance of repeal (Exhibit A). COUNCIL ACTION REQUESTED: Move to adopt the Ordinance to repeal the Well Head Protection Ordinance; Code Section 14- 142. ORDINANCE NO. _, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE REPEALING SECTION 14-142 OF THE ORONO CITY CODE RELATING TO WELLHEAD PROTECTION AND PRIVATE WELLS THE CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA ORDAINS: SECTION 1. Section 14-142 of the Orono City Code is hereby repealed in its entirety. SECTION 2. This ordinance shall take effect immediately upon its passage and publication. ADOPTED this 13th day of February, 2017 on a vote of _ ayes and nays by the City Council of Orono, Minnesota. CITY OF ORONO Dennis Walsh, Mayor ATTEST: Anna Carlson, City Clerk Ordinance published in The Laker and The Pioneer newspapers the week of , 2017. REQUEST FOR COUNCIL ACTION DATE: February 13, 2017 ITEM NO.: 6 Department Approval: Administrator Reviewed: Agenda Section: Name Scott Oberaigner Y"-4 Public Works Director/ Title Public Works Supervisor City Engineer's Report Item Description: Fuel System Replacement 1. Purpose. The purpose of this action item is to gain approval to replace the City's fuel system. 2. Background. The system is used to provide access and track of the use of gasoline and diesel fuel for police, public works, and other city vehicles and equipment. The current fuel metering system is obsolete. 3. Scope. The project scope is to procure and install a new fuel management system hardware and software; and integrate it with the City's IT system and to provide training to users. 4. Cost. The lowest quote from a qualified contractor was $11,897 from Pump and Meter. Contractor Quote Pump and Meter $11,897 Trak Engineering, Inc $12,520 Lube -Tech $14,420 5. Funding. This project will be funded through the Building Fund. The Capital Improvement Plan (CIP) programmed $20,000 for the project. COUNCIL ACTION REQUESTED Motion to accept the quote in the amount of $11,897 from Pump and Meter for the provision and installation of a new fuel management system. REQUEST FOR COUNCIL ACTION DATE: February 13, 2017 ITEM NO.: 7 Department Approval: Administrator Reviewed: Agenda Section: Name DJ Goman Y"-4 Public Works Director/ Title Public Works Supervisor City Engineer's Report Item Description: Pressure Washer Replacement 1. Purpose. The purpose of this action item is to gain approval to replace of the pressure washer located at Public Works. 2. Background. The current system is from 1985 and is over 25 years old. The water pump is currently leaking and needs repair. The current system is obsolete making all repairs ad hoc. The venting along with the gas pressure valve does not meet OSHA standards. We have to constantly relight the pilot light due to down drafting. The system is used to clean public works fleet, other city vehicles and equipment. 3. Scope. The project scope is to procure and install a new pressure washer system in order to maintain our fleet of equipment. 4. Cost. The lowest quote from a qualified contractor was $9,486.52 from Hotsy Minnesota. Contractor Quote Hotsy Minnesota $9,486.52 Hotsy Iowa $12,041.00 5. Funding. This project will be funded through the Central Services Fund. COUNCIL ACTION REQUESTED Motion to accept the quote in the amount of $ 9,486.52 from Hotsy Minnesota for the provision and installation of a new pressure washer system. Department Approval: Name: DJ Goman Title: Public Works Supervisor REQUEST FOR COUNCIL ACTION DATE: February 13, 2016 ITEM NO.: 8 Administrator Reviewed: Agenda Section: Y"-4 Public Works Department Item Description: Replacement of Truck #427 1. Purpose. The purpose of this request is to gain Council approval for the replacement of Truck #427 with a 2017 Western Star 4700SF with body and plow work to be done by Aspen Equipment. 2. Background. Truck #427 is a 1999 Ford Sterling that has been in service for nearly 18 years. The expected life of a snowplow dump truck is 12-15 years. It is used for various work related tasks which include snow removal, street maintenance, park maintenance, storm water repairs, water and sewer repairs and hauling. The truck has received several expensive repairs over the last few years. These repairs have resulted in costs in excess of $10,000. With consideration to the age and strain placed upon the truck, it is no longer cost effective to continue to make expensive repairs. The truck did not pass the 2017 DOT annual inspection. This is the third of four planned truck replacements for our large plow/dump truck fleet. At the beginning of the process Public works conducted an analysis of the various truck chassis on the market with the intention of standardizing the plow/dump fleet and determined the Western Star was the best fit for the price. 3. Cost. The City received three quotes, listed below. Boyer Ford has the state contract for Western Star trucks and provided a quote of $91,268.00. The 1999 Ford Sterling will be traded in for $18,000 to help offset costs. The low quote for the box and blade and spreader was from Aspen Equipment for the amount of $89,413.00. The total cost of the fully completed truck is $180,681.00. The total cost including trade will be around $ 162,681.00 Component Company / Model Cost Truck Chassis Boyer Ford Western Star 4700SF $91,268 Box, Blades and Spreader Aspen $89,413 Towmaster $92,297 4. Funding. Funding will be provided from the Improvement Equipment Outlay Fund. The CIP programed $175,000 for the truck replacement. COUNCIL ACTION REQUESTED: Approve replacement of Truck #427, a 1999 Ford Sterling, with a 2017 Western Star 4700SF by Boyer Ford with body and plow work to be done by Aspen Equipment. REQUEST FOR COUNCIL ACTION DATE: February 13, 2017 ITEM NO.: 9 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards Y"-4 Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Big Island Docks Discussion References A. Big Island Nature Park Management Plan, 2011 List of Exhibits A. Dock Costs 2009-2016 1. Purpose. The purpose of this item is to provide council an opportunity to discuss the future disposition of the docks at Big Island. 2. Background. There are two 80 ft. long commercial docks at the Big Island Park. Per the Big Island Nature Park Management Plan adopted by the City Council in 2011: Docks, Lake Access Access to the Park via watercraft will be accommodated via the use of public docks installed on a seasonal basis at designated locations. At certain locations along the shoreline of the park where lake bottom conditions are suitable, beaching of watercraft will be allowed. It should be determined whether such locations should be identified by signage, and whether there are locations where such use should be prohibited. Existing Docks. During 2006-2007, a floating dock on loan from Minnetonka Portable Dredging was installed at the property to accommodate the ongoing work at the Park as well as recreational visitors. The City at that time determined it would be appropriate to provide dockage suitable for use by the steamer Minnehaha. In early 2008 the City surveyed the shoreline at the landing site and processed a variance application for installation of 4 concrete bulkheads to which floating docks with ramps could be attached. The bulkheads and the main dock and pilings (plus a smaller ancillary dock) were installed in spring 2008, and the initial visit to the Park by the Minnehaha occurred on June 25, 2008. In 2009 the City installed a second large floating dock. Although bulkheads have been installed to accommodate as many as 4 docks, it is undetermined at this time whether more than two docks are necessary. Signage was added to the docks in 2009 prohibiting fishing from the docks. Dock Storage. Winter storage for the docks has been handled by floating them to a protected cove southeast of the landing area. During the spring of 2010 the docks were unleashed from their winter mooring by vandals and only because of favorable prevailing winds they did not end up floating around the bay. The City should investigate whether suitable alternatives exist for winter storage of the docks to avoid this issue in the future. Because of the vandalism when the docks were stored at Big Island, the removal cost increased by $1,000 per year to tow the docks to Shorewood Yacht Club. The owners there (Tonka Bay Marina) have stored the docks for free during the winter. It is unlikely that this storage option will continue to be available in the future. The coordination and management of maintenance at Big Island was conducted by the appointed Big Island Custodian. 3. Cost. The annual maintenance cost (installation and removal) in 2016 cost was $8,000. Previous year maintenance costs are a described in Exhibit A. The purchase price of the docks included three years of installation: 2008, 2009, and 2010 for the first dock; 2009, 2010, and 2011 for the second dock. The tie poles were added in 2009 and were not covered by the free installation. 4. Funding. The annual maintenance costs are budgeted in the Park Operating Budget. 5. Questions for discussion. Should the City continue to maintain two commercial Docks at Bid Island? Possible Courses of Action include: a. Keep both docks and find a new winter storage location. b. Keep one dock and find a new winter storage location. c. No longer provide dock access to Big Island. Revise the Big Island Management Plan accordingly. d. Provide a residential style dock similar to those at the cities lake access points. Please note- This may be insufficient to provide the access envisioned in the management plan and may not hold up to conditions and use. 6. Staff Recommendation. If a change from the current access provided at big island is envisioned, Staff recommends that a public hearing be held to gather public input prior to any change. COUNCIL ACTION REQUESTED: Discussion and direction to Staff and/or the Park Commission. Big Island Dock Costs 2009 - 2016 2009 2013 Pole Installation $ 1,500.00 Dock Installation (2) $ 3,000.00 Pole Removal $ 1,500.00 Removal $ 3,500.00 $ 3,000.00 $ 6,500.00 2010 2014 Pole Installation $ 1,500.00 Pole Installation $ 1,500.00 Pole Removal $ 1,500.00 Dock Installation (2) $ 3,000.00 $ 3,000.00 Removal $ 3,500.00 $ 8,000.00 2011 2012 Pole Installation $ 1,500.00 2015 Dock Installation (1) $ 1,500.00 Pole Installation $ 1,500.00 Removal $ 2,500.00 Dock Installation (2) $ 3,000.00 $ 5,500.00 Removal $ 3,500.00 Pole Installation $ 1,500.00 2016 Dock Installation (2) $ 3,000.00 Pole Installation $ 1,500.00 Removal $ 2,500.00 Dock Installation (2) $ 3,000.00 $ 7,000.00 Removal $ 3,500.00 $ 8,000.00 Total 2009 - 2016 $ 44,500.00 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Jeremy Barnhart M-4 Title: Community Development Director Date: February 13, 2017 Item No.: 10 Agenda Section: Planning Items Item Description: #16-3875, Pillar Homes, obo Whitney Windmiller and Greg Blasko, 3295 Crystal Bay Road, review revised plans Application Summary: On November 14, 2016 the Council approved resolution 6695, granting variances from the lot area, rear yard, lake yard and structural coverage. The approved house plans included shed style dormers over the garage doors. The applicants desire to adjust the roof line of the garage, which encroaches into the rear yard setback. Their plans now show a gable over the garage doors. Since the garage roofline will expand into an area not approved by the variance, the Council is asked to amend the resolution, incorporating the revised drawings. No other changes to the plans are proposed. In the past, minor modifications of a roof line into a required setback, before the resolution was recorded or the house built, has been handled with the Council approving the amended resolution. The roof line or massing was not an issue during the original variance process; staff believes the change will not impact the character of the neighborhood. COUNCIL ACTION REQUESTED Approve by motion the attached resolution exhibit A, to be incorporated into Resolution 6695. List of Exhibits: Exhibit A. Proposed Resolution Exhibit A Exhibit B. Resolution 6695, including original plans Exhibit C. PC Staff Report and exhibits -10/17/16 Ismillm mom M on MEMINEW CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6695 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 AND 78-1403 FOR PROPERTY LOCATED AT 3295 CRYSTAL BAY ROAD - FILE NO. 16-3875. WHEREAS, Gregory J Blasko, and individual person, (hereinafter the "Owner") is the owner of the property located at 3295 Crystal Bay Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 2, Block 2, TOWNSITE OF LANGDON PARK, lying Southwesterly of the Northeasterly 180 feet thereof, according to the plat thereof on file or record in the office of the Register of Deeds in and for Hennepin County, together with that part of Northern Avenue vacated abutting upon said described premised in the rear lying between the extensions of the easterly and Westerly side lines of said tract. Subject to a right to create a public easement for highway purposes over the Southeasterly 33 feet of that part of said laid out as Northern Avenue as shown in Deed Doc. No. 198674, Files of Register of Titles; and WHEREAS, the Owners on September 20, 2016 made a complete application to the City for variances to Orono Municipal Zoning Code Section 78-350 in order to allow the construction of a new single family residence on a lot 12,841 s.f. in area where 21,780 s.f. lot area is normally required; with a lake yard setback of 64 feet where a 75 feet is normally required; with rear yards setback of 11 feet where a 30 -foot setback is normally required; from section 78- 1403 to allow 2,299 s.f. (17.9%) of structural coverage where 1,927 s.f. (15%) is permitted; and WHEREAS, on October 17, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono 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 October 24, 2016, the Planning Commission on a vote of 5-0 recommended approval of the variances as presented; and Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 9 J WHEREAS, on November 14, 2016, the Orono City Council reviewed the application and the recommendations of the Planning Commission and City staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning this property: FINDINGS OF FACT: Al. 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. A2. The Property is located within the LR -IC Single Family Rural Residential District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100' for construction of a single family residence. A3. The Property is 0.29 acres in area, being 108 feet in defined width. The Property is considered as legally nonconforming with regard to lot area. A4. The Property is located within Storm Water Overlay District Tier 1 which allows 25% hardcover. The proposed residence construction will result in hardcover on the Property of approximately 24.99%, below the maximum hardcover allowance. A5. The Owners are planning to construct a new home on this lot. The proposed 2 -story home includes an attached garage and has an overall footprint of approximately 2,299 s.f. The house is proposed as a walkout, taking advantage of the existing slope of the lot. The existing home is a walk out. A6. The Owners are requesting a number of variances, as Crystal Bay Road, an existing watermain, and existing vegetation all impact the buildable area of the lot in an unique way. A7. The Property at 100' wide and less than 1/2 acre in area is typical of lots in the Crystal Bay neighborhood. Over the past century, individual lots as well as double lots and a few triple or larger lots have been built on with single family homes. A8. The Owners are proposing to meet the required side yard setbacks, and the average lake shore setback. The encroachment into the latke yard is minimum and not impactful to the neighborhood. The rear (street) setback variance is to permit a 11 foot setback for the proposed side loaded garage. The bulk of the house is behind the 30 foot rear street setback line. The proposed setback is not out of character with the neighborhood; the neighboring house to the west is setback about 5 feet, and the neighboring house to the east is setback about 25 feet. The need for the shortened setback is in part due to the topography of the lot and its relation to the `walkout' configuration. Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 669,x, A9. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: BI. 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 ordinance is intended to reduce lake impacts (lake yard and structural coverage) and massing (structural coverage and rear yard setbacks). The proposed two story homes presence will be mitigated by the fact the home is fairly secluded, the primary access is via a dead end gravel driveway (which this house is the second from the end) and the adjacent Crystal Bay Road is separated from the improvements with riparian vegetation and steep slopes. 2. The variance is consistent with the comprehensive plan. The variance allows the redevelopment of the single family lot, this improvement is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner desires to construct a new 2,299 square foot home, replacing a 1,781 square foot home on a lot that has approximately 2,400 square feet of buildable area. The planned expansions outside of this area are not out of character with recent variances in the area, notably for the house to the south. b. There are circumstances unique to the property not created by the landowner; The slope of the lot toward the lake, the location of Crystal Bay Road, and the location of the existing watermain, all influence the buildable area for the lot, none of which was created by the landowner; and c. The variance will not alter the essential character of the locality. Many of the homes in the immediate area require some level of variance to improve the property. The two lots on either side of the subject property have obtained variances over the years. Most recently, the lot to the south received a variance from the lake yard, the average lake, rear yard and lot coverage in 2014. The new home as proposed is 2 story with a ground floor walk out. The home appears to be consistent in scale with the homes on either side, though there are smaller homes in the neighborhood. Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 9 kr) Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the watermain through the lot, and not within an easement does impact the property, and the ability for the owner to improve the lot. This is peculiar to the subject lot. The small lot does add challenge to reasonable improvements for the property. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The watermain does not impact other properties in the area the same way. This watermain effective makes the side yard setback 19-33 feet, depending on the location of the watermain. Other lots in the area have received variance to improve the properties. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The lot permits approximately 2,400 square feet of buildable area. It seems likely that some variance would be necessary to build a home with the typical amount of covered parking and the amount of living space consistent with the neighborhood. 7. 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. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The City has received some comment regarding the care and preservation of the gravel access road, primarily through a construction impact standpoint. An inspection of the road should be completed prior to construction to establish a baseline. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant appears to propose a home that minimizes encroachment into the lake zone (average lake and lake yard). Page 4 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 669, CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350 and 78-1403 in order to allow the construction of a new single family residence, subject to the following conditions: Council approval is based on the survey/site plan and building plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the approved survey/site plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 3. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the project and commencing construction of said project within one year of the date of Council approval, or the variances will expire on that date (November 14, 2017). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 14th day of November, 2016. ATTEST: e Tiegs, City Clbrk izcg16 Lili Tod McMillan, Mayor Page 5 of 6 S .IAb W, a d bn Resolution Exhibit A 6695 W W �> H At' q!!AV i! ;r. /� Y �n 4 a''SZ�f'Lh [til- tiy>'--• 33 'N N . 9� p` we (>�c.� �"�` 4�� Y �� 63 4Q ♦(��`4y a�4 q. f Ia E ° Jo 1�T�4 A pyo 4v a, §mom. ��� ' s "aer° �. �� n oa33a•°xmoyy e o S a s 'ca, °°j $ it i � p' yiSa3e w. 5cnz 34$@h§q-04u ,fab Number. 8243 I heseby ewttfy that Mts cerRRcote o/ surety was W SC HOeORG prepared by me w under mY direct supwdslw and Hook/Pp9w LL 47Vf 1 OVI 1\..7 Mat lows o/ Me N7nnesoLtao. Suvew St.,sM! h—yD.N. 7/11/16 y COLAND S!'ad B. Schub ReNeianaERVICES 0a.Mq Name. Ormrn rndm8 w.dwq %mINC. m 0415 9-13-16 (chow prapoesd cmd! � 78J-972-3227 8997 Ca Rd. 13 SE Oafe� Z� Z� Re9letratlon Na 14700 9-21-18 (ehpw prop. grades de Of d by ..,. w.,auvre ardmm De.. NN 55328 0ra^bw9 w 00 V V'1 Resolution Exhibit B 6695 w co V V1 m 6695 6695 Date Application Received: September 21, 2016 Date Application Considered as Complete: September 21, 2016 60 -Day Review Period Expires: November 21, 2016 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: October 17, 2016 Subject: #16-3875, Pillar Homes, obo Whitney Windmiller and Greg Blasko, 3295 Crystal Bay Road, Variances Public Hearing Item 9 Application Summary: The applicant proposes to remove the existing home and is requesting lot area, lake yard, rear yard, and structural coverage variances to build a new single family home on the property. The proposed home would extend into the require lake yard 11 feet, reduce the rear yard setback to 11 feet (30 required), and include 17% structural coverage where 15% is permitted. Staff Recommendation: If the Planning Commission supports the lake and rear yard encroachments and the structural coverage variance, staff recommends approval of the lot area variance. If a variance is approved, it is recommended that a Drainage/ Utility easement be provided, to formalize and protect the watermain and its impact on the proposed improvements. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Plat Map Exhibit G. Property Owners List Exhibit H. Public Comments Exhibit 1. Staff Exhibits a. Buildable area b. Existing encroachments c. Proposed encroachments Background The property owners wish to remove the existing single story/walkout basement home and construct a new two story/walkout home at 3295 Crystal Bay Road. The new home proposed is 2,299 square feet, the existing home is 1,781 square feet. A steep, heavily vegetated slope separates the lake (and Crystal Bay Road) from the buildable FILE #16-3875 October 17, 2016 Page 2 of 5 portion of the lot. The buildable portion of the lot sits higher than the Crystal Bay Road. The subject property is 14,875 square feet, smaller than the 1/2 acre minimum lot size for the district. Additionally, the encroachment of Crystal Bay Road further reduces the lot area of the property. Lot area calculations for homes in this area do not include the land area or hard cover of Crystal Bay Road. The effective lot size is 12,841 square feet, and is used for the following analysis of the variance. Access to the home will be via an existing gravel drive within Hennepin County right of way and parallel to the Dakota Rail Trail. Further, an existing water -main runs between 9 and 23 feet north of the southern property line. Though a portion of this watermain encroaches further into the lot, is located generally within vacated Kenwood Way, which was vacated in 1967. Per the vacation resolution #299 at that time, an easement was to be retained. The location of this watermain impacts available locations for the home, as staff has advised the property owner to be 10 feet back from the watermain to facilitate future maintenance repairs, effectively increasing the setback to 19-33 feet. Staff recommends that an easement be retained per the original vacation document. LOT ANALYSIS WORKSHEET Section 78-350 - Setbacks: LR -1C DISTRICT Required (Feet) Proposed (Feet) Rear 30 11 Side (north) 10 10 Side (south) 10 13.7 Lakeshore 75' 64 lection 78-350 - Lot Area/Width: LR -1C DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' Actual 12,841s.f. (.029 acre) 108' @ 75' 117'@ OHWL Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 12,841 s.f. (.029 acre) Allowed: 1,926.15 s.f. (15%) Existing: 1,813 s.f. (14%) Proposed: 2,299 s.f. (17.9%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area Allowed Overlay Existing Hardcover Proposed Hardcover in Zone Hardcover District Tier 3,210 s.f. 3,090 s.f. 163.5 w/in 3209 s.f. 431 s.f. Tier 1 12,841 s.f. (25 %) (24.06 %) 75' (24.99%) w/in 75' Applicable Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the FILE #16-3875 October 17, 2016 Page 3 of 5 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 ordinance is intended to reduce lake impacts (lake yard and structural coverage) and massing (structural coverage and rear yard setbacks). The proposed two story home will have a greater presence in the neighborhood, a presence perhaps mitigated by the fact the home is fairly secluded, the primary access is via a dead end gravel driveway (which this house is the second from the end) and the adjacent Crystal Bay Road is separated from the improvements with riparian vegetation and steep slopes. The Planning Commission should discuss whether the proposed structural coverage and lake yard variances are consistent with the intent. 2. The variance is consistent with the comprehensive plan. The variance allows the redevelopment of the single family lot, this improvement is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner desires to construct a new 2299 square foot home, replacing a 1781 square foot home on a lot that has approximately 2400 square feet of buildable area. The permissible building area is shown on staff's Exhibit La. The planned expansions outside of this area do not appear to be out of character with recent variances in the area, notably for the house to the south. b. There are circumstances unique to the property not created by the landowner; The slope of the lot toward the lake, the location of Crystal Bay Road, and the location of the existing watermain, all influence the buildable area for the lot, none of which was created by the landowner; and c. The variance will not alter the essential character of the locality. Many of the homes in the immediate area require some level of variance to improve the property. The two lots on either side of the subject property have obtained variances over the years. Most recently, the lot to the south received a variance from the lake yard, the average lake, rear yard and lot coverage in 2014. The new home as proposed is 2 story with a ground floor walk out. Noted above, the home will impact the neighborhood, though the Commission should discuss whether this impact is negative. The home appears to be consistent in scale FILE #16-3875 October 17, 2016 Page 4 of 5 with the homes on either side, though there are smaller homes in the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the watermain through the lot, and not within an easement does impact the property, and the ability for the owner to improve the lot. This is peculiar to the subject lot. The small lot does add challenge to reasonable improvements for the property. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The watermain does not impact other properties in the area the same way. This watermain effective makes the side yard setback 19-33 feet, depending on the location of the watermain. Other lots in the area have received variance to improve the properties. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The lot permits approximately 2400 square feet of buildable area. It seems likely that some variance would be necessary to build a home with the typical amount of covered parking and the amount of living space consistent with the neighborhood. 7. 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. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The City has received some comment regarding the care and preservation of the gravel access road, primarily through a construction impact standpoint. An inspection of the road should be completed prior to construction to establish a baseline. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant appears to propose a home that minimizes encroachment into the lake zone (average lake and lake yard). The Planning Commission should discuss whether the level of encroachment is appropriate. 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. Analysis The proposed improvement seems consistent with recent neighborhood improvements. The encroachment into the 75 lake yard is greater than the current encroachment, but will have negligible visual impact to the lake. To lessen the encroachment, the house would have to be redesigned, and likely the garage shifted to the north side of the lot. A rear yard variance is likely FILE #16-3875 October 17, 2016 Page 5 of 5 to be required regardless of the configuration. The impact of the watermain does add to the hardship of designing a home on this small lot. Engineer Comments The engineer recommends a drainage and utility easement be provided. Public Comments To date, Staff has received comments from an adjacent property owners. These comments are attached as Exhibit H. Primarily, the concerns seem to center on protection of the gravel access alleyway. It is recommended the concerns be addressed in the resolution of approval, should approval be recommended. 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 variances, 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? City of Orono Variance Application Street Address: P2750 Kelley Parkway Vn Orono, MN 55355 Main: 952-249-4600 fax: 952-249-4616 Mailing Address.- P.O. ddress.P.Q. Box 66 Crystal Bay, MN 55323-0066 Application # Ko - a5 fl s Date Reoeived: _ q -L. - I b Staff : CM Fee: 1700 Escrow # & $ 1150b Permit Fee Notes: PC Exhibit A Please complete. Applicant will he notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: DESCRPTION OF REQUEST: APPLICANT / Al Applicant Name: Phone (Primary): Applicant Email: Address: Applicant is: cc PROPERTY OWNER INFORI Name: Phone (Primary): != Mailing Address: ( d Email: G h I c (attached additional sheets as necessary) Homeowner (Circle One) Q check here if property gwner is same-,ps,applicant ZIP: 5 ZIP: APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. * Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative att d in place of the applicant/owner and advise the City Planner assigned to your project. II Applicant/Agent Signature:) Date: ILA Applicant/Agent Signature: Date: Property Owner Signature: Date: �© Property Owner Signature: iiA Date: G 'do 64EIVED Variance Application — May 2046 page 2 SEP 21 2016 3 CITY OF ORONO City of Orono Variance Pre -Application Meeting Form (This form is to be completed by a City Planner during your pre -application meeting.) For Office Use Only: City Planner: Meeting Datellfime: PC Date: Met with: What is the purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: Site Address: C3 X .00J Property Identification Number (PIN): 23 -- 00 1 Zoning District: c— Size of Property: 3 11c X jti ESCRIPTION OF VARIANCE REQUEST: Average Setback ❑ Side Yard Setback XRear Yard Setback ❑"Lake/Front Yard Setback ❑ Hardcover Tier 1 ❑ Hardcover Tier 2 ❑ Hardcover Tier 3 ❑ Hardcover Tier 4 ❑ Lot Coverage XLot Area ❑ Lot Width ❑ Other: Applicant's 41* PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical Initials: Difficulties Documentation Form, understands it as it has been explained to them, and is aware that it must be completed and submitted in conjunction with their Owner's (► Initials: formal variance application. Applicant's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses Initials: incurred in review of this application and/or additional staff time not covered in initial application fee, as well as provide an escrow in the amount of $ 46450 to Owner's 6a,R Initials: guarantee payment of the above. UTIIEK INFORMATION: *Please note: Your variance application will NOT which this form will be completecj by City ptaff. Applicant Signature: Owner Signature: Variance accepted without a pre -application meeting during Date: !/Z ///, te: Z6 f ECEIV�D SEP, 21 2016 Page 3 # 387r;CITY OF ORONO ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM of i f: Y r o Z -1e) r^i 3s� 3` i [print name(s)] _ [print address have reviewed the pians for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (vise) understand that in executing .this acknowledgement, I (We) am (are) not asked to declare approval.. or disapproval of the property or use but merely to confirm 'for the City Council that I (we) am (are) aware of the Improvement plans and that the proposed neighbor's project or use requires Council approval. If you have any Information that may assist theclty.itl the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled .m:ee.tstg date. MY'fNM`R4MRINRRaRRlima R�IRIfirtMMliti3tRiliMK�'iRiR�F1RRNMf�iRRR/*RRl�f+F1R *RRRlif#iYiilY'�RM'M#i M*+iM#Riit4YR�4`RkiiR#*Mfif►iFiliiiiiiM ADJACENT PROPERTY 0lfMERS' ACKNOWLEDGEMENT FORM [printnasne(s)] ..... [print address] have reviewed the plans for the. proposed 'Improvement or proposed use of the property located at also referred to as :Land Use Application No. I (ws) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval .or disapproval of the property or use but merely to oonflrm For the City Council that I (we) am (are) aware of the Improvement plans and that ft proposed neighbor's project or use requires council approval. Property Owner Data If you have any Information that may assist the City in. the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meatirg date, varkrics Appfimfiw-May MO Page 13 RECEIVE® SEP 21 70 ON OF oROlva DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessee warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. Q1 Le—a, WQs � C-�) / First U Middle Last 51 a� 5C-0�+ Address �6�6Ki5il-Je, �� cj �`f� �- 51 -21U a s City State Zip Phone RECEIVED SEP 2 12016 Variance Application -- May 2016 Page 90 # car of �ONQ 3879; DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 93.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 9. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. A wit— VIL-L,�4tri First Middle last 5-/z & a, lkl-�> Address City State Zip RECEIVED SPP 2 12016 Variance Application — May 2016 Page 10-# 387014� CITYOFr ORONO PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write N/A in the space provided: 1. "The property owner proposes to use the property irti,a reasonable manner not permitted by the Zoning Chapter." 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner." 3. "The variance, if granted, will not alter the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." 5. "Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this hapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone I re the affected person's land is located! Variance Application — May 2016 Page 4 • RECEIVED SEP 212016 CITY OF ORONO Practical Difficulties 3295 Crystal Bay Road, Orono 1.. This property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter: The property owners propose construction of a single family residential home on the single family residential zoning district. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner: The unique circumstances of the lot - not created by the landowner— include the overall size of the lot being 14,875 sq ft which is less than the half acre zoning of (21,780) and the shallowness of the lot caused by Crystal Bay Road to the lake side and the Dakota Trail access on the non- lake side.— affect this application for the attached variance in the following four ways: a. — lot size variance —as stated b. — 75 ft. lake set back — as stated The survey and home design placed on it will meet and fit behind the average set back line. c. - A front yard setback variance - we have placed only a portion of the new home (garage only) in the street side yard area — the shallowness of the lot is the unique circumstance affecting the variance request. In addition — utilities (main lines) water/sewer cross from the non- lake side of the lot to the lake side on the south lot line. During our pre -application meeting it was requested by staff to stay about 10' from the closest utility. By doing this it about doubles the side set back to the south. The request is to allow future access by the City if repairs are needed to these main lines considerably restricting a portion of the lot and indirectly the design of the house. d. —Structural coverage of 15% based on the entire lot size of 14,876 has been met, the applicant believes that the placement of Crystal Bay Road across the entire lot causes an extreme plight for the landowner especially pertaining to structural coverage. The overall lot size including the road and the affect the road has on the lot experience meets the true intention of the structural coverage. 3. "The variance, if granted, will not alter the essential character of the locality" : The applicant has placed the home and it's design to fit with the character of the locality creating a floor plan that stays behind the average set back and designing it to meet the 25% hardcover. The applicant also prepared a plan to best fit with grades and the unique lot formation caused by the Dakota Trail access and Crystal Bay Road lakeside, which affect this entire area. Practical Difficulties 3295 Crystal Bay Road, Orono G. "rhe speciai condi kris app!V!.nz to the structure or land in question a: peculiar W such property ar hri nediate[V a4joining property:' The special condition for this lot is unique and caused by public utilities (water and sewer) located on the south portion of this lot. It was requested by the city to not build in this area so the City could have access to the public utilities as needed. The lower existing grade to the south side of the house works for the walk out and places key rooms to take advantage of the best view. The city requirement to keep any new structure at least 10 to 15 feet away (in addition to the 10 ft. side set back) from the closest utility crossing on the lot which in turn affects the normal permitted building area for this new home, To build with this additional constraint the garage was pulled forward away from the utilities and now acts almost like a retaining wall to keep the grade on the backside low and the front grades to blend in with existing elevations. S. "The condit! ons do no apply geiue aily "M o heY ;and o-- stru.ctu-res in the district in uvh[ch said land is located." The unique condition of public utilities crossing the lot makes this situation unique to only this lot located in this district. The altering of our structure and design to allow for long-term permanent access for the city utility with minimal grade change to the lot and utilizing the steep grades for fitting the house away from the utilities and nestling it into the slopes that exist and blends the city's request and the owner /applicants design. 10. `the granting cry the application is necsssairy Tor Via prasvmedor ani+ 2n joyment of a substantial prcparty right of the appl c&uto." The granting of this variance provides necessary preservation of the property rights to build in the normal allowable and applicable area of the lot. Because the public utilities crossing on the south portion make this application unique in nature, it has affected the homes location, design and instilling a cooperative nature of the applicant to move the home out of normal permitted areas. U. '"'W he grating o; the proposed valance WEN -4 not in any �vay lm yak health, safety,. comfort: morals, or in ar:y other re*pmici: ,y2 contrare: to the Intent a tine ©ruing ^ade." The home that is designed will not impair the health and safety comfort or morals of the zoning code but the applicant owner believes it will continue to improve the area's zoning code with our design modifications that match the design and scale of other homes in this neighborhood and are a reasonable improvement for this area. The home location on the lot, initiated by a request from the City to move the home away from the public utilities, has caused the necessary request of this variance. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The applicant owner has designed the home to fit around demonstratable difficulties. The public utilities that serve this area run along the none lakeside in a unique driveway easement and cross the property to the south side. The crossing of these utilities along the south portion of the lot provided a challenge and did demonstrate difficulties that we have addressed through floorplan design (i.e. contained to a two car garage and putting the additional outside storage stacked under this area and reduction in size of a porch on the north side of the home to protect a large tree). We also considered the house location to best blend the topography changes with the surrounding properties. Notes Lot width as meas. along 75ft. OHW setback line = 108.1 ft. PC E �� z ��S Lot width as meas. along 30 ft ROW setback line = 101.0 ft. BuildingPermit Survey ❑A13D�� ,� r''' ` / Prepared for: Wh i t�n ey Win dm ill er Pr000sed Elevations° Legend FFE = 953.5 Found Iron Monument Manhole 3 TOF (street side) - 952.67 w GFE - 952.34 O Set Iron Monument (LS 14700) Hydrant m t f TOF (fake side) = 951.67 .000.0 ExistingElevation } Power Pole L p T Bin. Bas j o LFE = 943 0 �� -a 1;�in Po o c(OOQO) Proposed Elevation N r, \ •� Proposed Drainage [ Tree (deciduous) R 3 - Existing Well R"`tttWW Prop. Retaining Wall p r 949• I � } s F Oin. Bass ?�Hardcover Site Address: Existing Ca culat' n . ft. r Step 3295 Crystal Bay Rd. House 1,781 0 s t ?� Orono, MN 55391 Bituminous Driveway 1,001 10rn: Elm p p �' -Prap.-� 9s?� ��. Pavers 183 EFasion �QJ • `�,� Stoop &Steps 93 @,� 4x8 Shed 32 `', 3,090 a Elm 1 � j' `° ya 1 9S t EMposed Hardcover Calculation(sq-. ft. o v �; k/' /+� o ca ; � f=; ,. a y; � os J Prop. Nouse/Garage 2,.211 Q p�` Prop. En try 88 g i P r i x Prop. Bituminous Driveway 650 N 951. O Prop- Patio 204 k 5 '' 4 ��► yyfrt.�' y„ k ' oQ u v Exist- Steps (to remain) 56 O `� m Otir Total Proposed Hardcover 3,209 o q') -z3 `� S ' g Total Lot Area 14,876 w o 4,rn. k ; oR.N+r r9'a9, �0 �� y less Crystal Ba Rd pavement 2"035 �'+ o C ys Y ) Proposed House A 54 �' Adjusted Lot Area 12,841 m fi _ o IT r,9 V & Garage q (2211 s: f.) %�• 95 9 � Percent Existing Hardcover 24.1.x" 12in. Ma ;p 94614x_ �05� �`� Percent Proposed Hardcover 25.0%x' Proposed 5 �7 Fr `, st• -ti Elevations: a,• Ys Y P Us r9 J L {�D J + : i r *Cr tal Ba Rd. pavement not included in E " 9- �ry � f , LFE=943.0 Prop. Bit. hardcover calculation. a �, FFE =953.5/*. D50 s f. } J p ) g Excluded Hardcover: m 4LI -:1v J .. Proposed Retaining Walls 60 o Elm a 'D� ` ' Note: Q.•c a Proposed grades and drainage designed by /p fp �`(�• Gronberg and Associates, Inc. and must be xp x 944.5 �a' �� S -. .4) l9 �� �Q verified and approved by the City of Orono r rp ,A •� r �9� 4 ; MNR=951.7;' prior to construction. O 16in. ks C �.._, V ti t o ` R.W. mss P�� . �.' ca t 9.9 p j /J -• - .:r. `R��•;_�i Ca#eh Basin-� Boundary Description (supplied by clienfi (jam I MH 831. r k'��-0 .� That part of Lot 2, Block 2 TOWNSITE OF ' !y x g. ' LANGDON PARK lying Southwesterly of the % o, 1 J-� r9 944.=Pro . -� �t..p�::. �} _W P Northeasterly 180 feet thereof, according to M ?` 1 Erosion 4 : the la LV plot thereof on file or record in the office O o Cortaro! , p : of the Register of Deeds in and for Hennepin ' Count together with that art of Northern 59 \ of �J-.� ' .• Q Avenue vacated abutting upon said described �1 A rox. 4x8. R : ' ..::; ; -�°• of rQ � `' PP .-� , • ;• •' premised in the rear lying between the shed loco i extensions of the Easterly and Westerly side 24i Bass 4� lines of said tract. c n SCALE '`�+�� � � ,/ : �: s • : -..• :- , �` r '• �J Subject to a right to create a public easement ~� 20 0 10 zo ao �9� �s0 RECEIVED for highway purposes over the Southeasterly 33 feet of that part of said laid out as Northern Q a�� Avenue as shown in Deed Doc. No- 198674, �'o SER2 12016 Files of Register of Titles. 1 inch = 20 feet � Beorings based on assumed datum. # 34 MTV ()I: Dontio PC Exhibit D SEP 21 201A 3875 CITY OF ORONO W S 952.259.1441 = U - Z W N a SECOND FLOOR TOP OF SUB FLR PIATE HEIG'riT - �� �v FIRST FLOOR ,L TOP OF SUB FLR ISSUE DATE 9.19.16 1 ELEVATION- SIDE A2.1 ELEVATION # 3875 RECEIVED SEP 21 2016 GM Of ORONO RECEIVED SEP 2 12016 3875 5 CITY OF ORONO PC Exhibit E City of Orono c'wo Hardcover Calculation Worksheet Property Address: ;?r� s Prepared by: _ r Stormwater Quality Overlay District Tier: (Circle one) Tier 1) Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify Aff items of existing hardcover on the property, keyed by letter to Cerfincate of Survey (survey must accompany this form). Use as many litres as necessary to accurately depict existing hardcover status of the property. For Tier 'i properties, identify any features by letter within the 75' setback line and calculate hardcover square footage separately for each portion. Survey to Hardcover Item (Describe) - Length x Width Total Feet (Example) (Game) (24'x 30' 20 S.F. A VL i i )`%- 7 �--= S.F. j [� ► S.F. G -. fwn -- `k e.. �.t•. ■ • -13.7". F S.F. G S.F. H S.F. I S.F. S.F. S.F. L S.F. M S.F. N S.F. t" I} 11 a - - t k C Q 0, S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. P .p ' e V Y 1 Tota(i=xf8 Herdcoyer Ertciudahte Har�syer Sae Cit Code Sw 78-1884 : --S.F, S.F. S.F. S.F. S.F. S.F. (21 TOW SxL% We "ardas ow S.F. 3 Net Existing Hardcover Subtract Ifne Q from line Mli S.F. 4 Toia1 Lot Area Existing Hardcover Percentage [(3)+(4)] - a- � Variance Appfttibn — May 2016 (Proposed Hardcover next page) RECEIVED SEP 21 2016 fPsgga 7 3875 ORONO City of Orono JJ%,�•, Hardcover Calculation Worksheet O lt. Property Address: J�,� �:� ' .r> , i; ; N� :�'' t<'•1 . L 13110�4 Prepared by:t 1 ! Date: � G Stormwater Quality Overlay District Tier: (Circle onej(711er !,Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are Intended to remain, as well as all proposed hardcover Items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier •I properties, identify any features by letter which are within the 75' setback Ilne and calculate hardcover square footage separately for each portion- Key ortion_ survey Hardcover ttern (Describe) Length x Width P Q i R { r r Fw. il'' qo. Tt Fic Excludable Total line Proposed Hardcover Percentage 1(3)+(4)) Variance Rppllcallan —Meq 2016 «t l C� i' Page 8 �-12 z S.F. S.F. S.F. 2-5,0 RECEIVED SEP z 1 2011 ,CITY OF ORONO Hennepin County Locate & Notify Map "cExhibit F Provided By: Resident and Real Estate Services Date: 9/7/2016 Buffer Size: 350 feet Map Comrnents, 1711723410013 MARK C ZAGARIA 3295 Crystal Bay Road Orono, MN 55391 0 120 240 480 ft 1 a 1 .l—f. 1 1 1 RECEIVEE) For more information contact: Hennepin County GIS Office 300 6th Street South SEP 2 1 His Minneapolis, MN 55487 gis.info@hennepin.us CgYCir ORONC PP M •1�r'�1 A � PT fr � P q S Buffer Size: 350 feet Map Comrnents, 1711723410013 MARK C ZAGARIA 3295 Crystal Bay Road Orono, MN 55391 0 120 240 480 ft 1 a 1 .l—f. 1 1 1 RECEIVEE) For more information contact: Hennepin County GIS Office 300 6th Street South SEP 2 1 His Minneapolis, MN 55487 gis.info@hennepin.us CgYCir ORONC Use Avery®Tempfate 59640 mclow ann lum W i Feed Paper expose Pop up Edgew i PC Exhibit G 38 17-117-23 34 0052 38 17-117-23410013 38 17-117-23 410030 HENNEPIN COUNTY MARK C ZAGARIA I DONNA E KABANUK REGIONAL RAILROAD AUTHORITY 1526 21ST AVE N E 5233 TWIN LAKE BLVD E 701 4TH AVE S SUITE 400 ! ROCHESTER MN 55906 BROOKLYN CENTER MN 55429 MINNEAPOLIS MN 55415 I i 38 17-117-23 410001 38 17-117-23 410014 38 17-117-23 410031 DONNA E KABANUK LEROY J ERGER DONNA E KABANUK 5233 TWIN LAKE BLVD E 3265 CRYSTAL BAY RD 5233 TWIN LAKE BLVD E BROOKLYN CENTER MN 55429 WAYZATA MN 55391 BROOKLYN CENTER MN 55429 38 17.117-23 410002 38 17-117-23 41 0015 38 17-117-23 410033 DONNA E KABANUK HEATHER M JOHNSTONE PATRICIA A STUDSRUD 5233 TWIN LAKE BLVD E P O BOX 141 JASON T STUDSRUD BROOKLYN CENTER MN 55429 MINNETONKA BEACH MN 55361 3130 OLD COUNTY RD WAYZATA MN 55391 38 17-117-23 410003 38 17-117-23 41 0016 38 17-117-23 410034 JAYNE MARIE PAASCH DAVID A SCHMID PAUL J & LOIS E REITMAN 2150 KENWOOD WAY 3309 CRYSTAL BAY RD 3335 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 410004 38 17-117-23 41 0017 38 17-117-23 410035 PAUL MARKUSEN DALE OLSEN & JONMARI OLSEN CLIFFORD G OWEN 4915 SCATTERED PINES LN NW 3315 CRYSTAL BAY RD JILL L HUGHES ROCHESTER MN 55901 WAYZATA MN 55391 2175 KENWOOD WAY WAYZATA MN 55391 38 17-117-23 41 0008 38 17-117-23 410018 38 17-117-23 44 0057 JOHN HOROSHAK TODD OLSON DAVID A KUPKA ALEXA HOROSHAK 3325 CRYSTAL BAY RD 2215 KENWOOD WAY 3159 NORTHVIEW RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 41 0009 38 17-117-23 410019 38 17-117-23 44 0904 BRADLEY & LORI BAKKE CHAD & REBECCA MCSHANE CLAIR T ROOD 7101 LANHAM LA 3329 CRYSTAL BAY RD 3280 NAVARRE LA EDINA MN 55439 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 410010 38 17-117-23 410027 82 16-117-23 32 0024 MARK R PRUETER MATTHEW W SMILEY PATRICIA A STUDSRUD 3215 CRYSTAL BAY RD JENNIFER L S SMILEY JASON T STUDSRUD WAYZATA MN 55391 2190 KENWOOD WAY 3130 OLD COUNTY RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 410011 38 17-117-23 410029 82 16-117-23 32 0054 RICHARD ANDERSON JULIE COPELAND RICHARD ANDERSON 3205 CRYSTAL BAY RD 2180 KENWOOD WAY 3205 CRYSTAL BAY RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 410012 C WILLIAM WOLFE 38 17-117-23 41 0029 82 16-117-23 32 0060 3255 CRYSTAL BAY ROAD DONNA E KABANUK 5233 TWIN LAKE BLVD E JOHN HOROSHAK WAYZATA MN 55391 BROOKLYN CENTER MN 55429 ALEXA HOROSHAK 3159 NORTHVIEW RD WAYZATA MN 55391 lWquettes fadles A peler Utilisez le galaarit AVERIf®591i0 ® i Sen de Repllez a la hachure afin de ; vwvw.avery com I chargement rdv6ler le rebord Pop -op -1 1 -800 -60 -AVERY j ^ Dams aiung nne-w U AVERY® 5960 Use Avery® Template 51600 Feed Paper - expose Pop-up EdgeTM rnn 82 16-117-23 32 0061 DONNA E KABANUK 5233 TWIN LAKE BLVD E BROOKLYN CENTER MN 55429 82 16-117-23 42 0032 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 400 MINNEAPOLIS MN 55415 RECEIV Ct SER 2 1 1016 #3875 4 GWoF oRONo f tiquettes faciles a peler A Repliez A la hachure afin de vuww.ave i Utillsez le abarit AVERY® 51600 Sens de � www.avery.com , 9 / chargement reveler le rebord Pop-up 1 -800 -GO -AVERY 1 1 PC Exhibit H Jeremy Barnhart From: Mark Prueter Sent: Monday, October 10, 2016 11:67 AM To: Jeremy Barnhart Subject: Re: Comments Hi Jeremy: Thank you for your call. My comments are regarding the Variance application for 416-3875 are as follows: 1. If the Dakota Rail Driveway easement is to be used for property access during and after construction, the property owner shall restore the gravel road to is original integrity. i.e., Condition prior to construction, repair ruts, replace rock as necessary and regrade as appropriate. These repairs shall be at the 3295 Crystal Bay Road homeowners expense. 2. The City of Orono should access the Dakota Rail Driveway Easement's condition prior to construction, confer with existing homeowners along the gravel road and perform a post -construction assessment in coordination with existing homeowners to determine areas of repair necessary. 3. The 3295 Crystal Bay Road homeowner shall also bear their portion of the existing Dakota Rail Driveway Easement expense for utilizing the Dakota Rail Driveway to access their property. If you have any questions or would like to discuss these with me, please feel free to contact me via email or phone. ►MTF 7 Mark Prueter 952-500-1525 On Mon, Oct 10, 2016 at 10:26 AM, Jeremy Barnhart <'barnhartci.orono.mn.us> wrote: Jeremy Barnhart, AICP Community Development Director Direct 952.249.4626 Planning & Zoning Office 952.249.4620 RECEIVED October 4, 2016 OCT Q 4 2016 Christine Mattson , Planning Assistant, City of Orono Subject: Neighbor Concerns, Land Use Applications Request, #16,3875, Pillar Homes - (WindmillerBlasko), 3295 Crystal Bay Road. Dear Ms. Mattson: My wife Joan and I reside at 3255 Crystal Bay Road, neighbors to the 3295 Crystal Bay Road. property. We view the proposed re -build project as a positive move for the anticipated neighbor and the neighborhood. That said, we do have three concerns associated with project construction traffic matters which must be addressed prior to City of Orono approval. As a background, the access to the property is somewhat limited to a private drive to be shared by Pillar Homes - (WindmillerBlasko), with Wolfe, and six other parties. This "driveway" is on land owned by Hennepin County, (Dakota Rail Trail), under lease to the eight property owners, through the gracious actions of the City of Orono, with lease funding provided by the affected property owners. This road is narrow, un -improved, gravel, and somewhat suspect as to weight carrying capacity when a project of this magnitude is contemplated. Areas of concern, all viewed as responsibility of the applicant, are as follows: 1. Private drive access must be clear 24/7. Individual owner access is desired and expected, but more importantly - our fire hydrants are only accessible from the drive. 2. Construction parking must allow for access and not occupy private properties, (or leased), during this project. 3. Any degradation to the drive and/or properties must be restored to "as -is" condition at project start upon completion. These written comments are submitted as solicited by post card Notice received October 3, 2016. Should any City party wish to discuss, comment, visit, or whatever, I will do my best to accommodate same upon request. Regards, C. W111) Wolfe 32 Crystal Bay Road Wayzata, MN 55391 Phone: (952) 471-9671, e-mail: cwwjkwQgmail.Qom f Note Lot width as meas. along 75ft. OHW setback line = 108.1 ft. I '+ `O z,ds // Lot width as meas. along 30 ft. ROW setback line = 101.0 ft. o Building Permit Survey � fi 03AI3 +�� a D311 ✓ Prep ored for: Whitney Win d m ill er m m q a Ptosed Qq Legend ► FFE = 953.5 TOF (street side) - 952.57 • Found Iron Monument Manhole GFE = 952.34 O Set Iron Monument (LS 14700) Hydrant TOF (lake side) = 951.87 co x pQ0.0 Existing Elevation �8in. Bas ► O LFE = 943.0 C Power Pole \ E o + '12tH Po g+¢ (000.0) Proposed Elevation N `•° i V : a Tree (deciduous) to n , � � �•--� Proposed Drainage ,� cp Existing Well R.W. Prop. Retaining Wall 6 d, ° N 01h. Bass ��� /: ; s�,,s 4 Oe 2 Q o► c'+3 V x: ti, oG Site Address tin H r over Calculation S#ep �. r "' I sd 3295 Crystal Bay Rd. House 1,781 t 10in:. Elm Oran o, 3 Q ' : i ``,E -: � o � � ?' � MN 55391 Bitum►haus Driveway 1.001 r\ -Prop.Pavers 183 Er osian �.,� Stoop & Steps 93 a► : f Con trol �c 2 4x8 Shed o 3,090 q) n, hOi EIrr1 1`o #o sS� 1 Proposed Hardcover Calculation (sa. ft. ): ib ,' QOtK y 0 9S Prop. House/Garage 2,211 as Prop. Entry Be .1 lrr: FI �. v ( o j`SJ x 951 Prop- Patio Bituminous Driveway 650 204 a - o i 11%; bc, ., �� ` Exist. Steps (to remain) o Total Proposed Hardcover 3,209 ;! ' �+ r 121 Total Lot Area 14,876aq y 54.2, (less Crystal Bay Rd pavement) 2, 035 �+ y W PrOpdSed HOl1SB� A� Adjusted Lot Area 12,841# m m c� ,' 4 �,� ��► & Gars e y Aly :�: • y ti o 9 9l 3 Percent ExistingHardcover 24.1w g I y 12in. Ma' ' �', S,0 y (2:211 s f.) /+�� `� .Z'* Ito -t' 948 4 '� �a x 7 �` ti '.. . ~- Percent Proposed Hardcover 25.0' I \. / Proposed _ 3 ��, ►' a N1 y`Sst 1 �' `�' '' r'9 Elevations: �vr/4 Pro 8!t , ,~ ` • *Crystal Bay Rd pavement not included in. �' a y 1 r LFE=943 0 p' :.4 hardcover calculation. `9s 1A4 `{ �' 1 r �` ,fr9 N FFE=9.53.5 / . Driveway �� r Iz<lU�� 4 U 4. ±i' ¢3J 'WSJ ,gip �, `.�( O-s;f) g � i,. tsjl�Iu{�sd Hardcover: f � til f in. Elm \ f�, Proposed Retaining Walls 60 s? / Cl g5 P. say=.. t 'U 3 I a ' O ,' 1 rte. ! ` Proposed grades and drainage designed by a ' /ate, f0 Gronberg and Associates, Ino and must be 44.5 �o ' ��' "'5.S l9 �' `�4,~'' verified and approved by the City of Orono .9? $+'�Q ,sl��i MHR=95t 7: prior to construction. as 16in' :ks N Catch Basin- 12 cr► ionunnlled by client) I LJ �,. 4% That part of Lot 2, Block 2, TOWNSI TE OF Cr ti LANGDON PARK lying Southwesterly of the. c �9 . x 944. '� W ;Prop.- Vit. p U d '�St� l' Northeasterly 180 feet thereof, according to c :�' '~ o �-�j• r �� -� + the plat thereof on file or record in the office ,. m �. , �,. '>iao ,� o �= of the Register of Deeds in and for Hennepin O CcD $g control�' ~ �� County, together with that part of Northern �A rax. 4x8 r}: ' =; Avenue vacated abutting upon said described O PP ! shed locafi •� •' � premised in the rear lying between the extensions of the Easterly and Westerly side U 24i , ass 4 lines of said tract.coSCALEQ w b N TrjCs, cr-• Subject to a right to create a public easement \ i RECEIVED highway purposes y zp p 1p �o ap ,.9.�s.� � � ' •�• ' ,� ;' for hi hwa ur oses over the Southeasterly 33 1j C4 feet of that part of said laid out as Northern � !' 11 � � t 1 �•�� ij % Avenue as shown in Deed Doe. No. 198674, � Files of Register of Titles. 3 SER 2Za�� 1 inch = 20 feet � 'l`�y � � 3 Bearings based on assumed datum. 3 5 Y �• �k`t'' 3 12i� P 18in, Bas La CA Oin. Bass :� i•top 0 e loin. Elm ?� W i 1 •,lye + ° 3 in. ass { Q �p •,4 oco Certificate of Surrey Prepared for: SCANNED Whitney Win dm iller a � v Legend ONO --44 N3 d • Found Iron Monument O Set Iron Monument as 14700) Hydron t ;6 g; o O x 000.0 Existing Elevation C� 4 Power Pole ° ° Existing Well o S Tree (deciduous) Manhole �` � a�� � fd `tet �` r ��� v '•' ,t .ry . �Sp a a - 54.2 goo, CO f -.1. ! f'12rn Elm }� 950 1 4C 1, i IQ 1 Din. Oak ' v l``r�`o��;Oak Or 201n. Oak, ^4� 6 O� 'Fh --948 n, MHR= 957.7 ' , ► s; o ��P 947-.- p111 `N1 ' r� . ' �!. Ca ch Basin-; r� �� 41n. Oak 16in. Oak rf. �COrrVgds •. �ti f,1 SCALE 20 a 10 20 aR I inch = 20 feet Site Address: 3295 Crystal Bay Rd. Orono, MN 55391 Existing Hardcover Calculation (S -a- ft. ) House 1,781 Bituminous Driveway 1,001 Pavers 183 Stoop do Steps LU 3.058 Total Lot Area 14,876 (less Crystal Bay Rd pavement) 2,035 Adjusted Lot Area 12,841 Total Hardcover 23.8% Crystal Bay Rd pavement not included in hardcover calculation. BoundqrV Deaw)2tion Cg=1211ed That part of Lot, Block 2, TOWNS17E OF LANGDON PARK lying Southwesterly of the Northeasterly 180 feet thereof, according to the plat thereof on file or record in the office of the Register of Deeds in and for said County, together with that part of Northern Avenue vacated abutting upon said described premised in the rear lying between the extensions of the Easterly and Westerly side lines of said tract. Subject to a right to create a public easement for highway purposes over the Southeasterly 33 feet of that part of said laid out as Northern Avenue as shown in Deed Doc. No. 198674, Files of Register of Titles. Bearings based on assumed datum, noN fV] co ~ LU o � a UNW CO N " J Ln { Notes: Lot width as meas. along 75ft. OHW setback line = 108.1 ft. I 9-10Z L Z``d3S I Lot width as meas, along 30 ft. ROW setback line = 101.0 ff. Building Term i t Survey y aA1�D3�f Prepared for: Whitney Win dm ill er :21n as ` .� `k 7 Proposed Elevation end atnL FFE = 953.5 TOF (street side) = 952.67 4 Found Iran Monument I� Manhole a � 3 � S, r GFE = 952.34 0 Set Iron Monument LS 14700 0 TOF lake side = 951.67 { ) Hyo'ran t m N N °181n. as �� p LFE ( 94.3 0) x 000.0 Existing Elevation �� Power Pole 4 12iri Pb o to �o c �'f (000.0) Proposed Elevation Nc ,D —a----- Proposed Drainage t Tree (deciduous) °p �' N\ 3 a f i �. �• Existing Well R. W, Prop. Retaining Wall m rn o Oi . Bass �� � b O ii Site Address: Existing Hard_cover Calculation _ _ (sa, ft, a, c tD Step 3295 Crystal Bay Rd. House 1,781 '� o t 10in Elm I ? Orono, MN 55391 Bituminous Driveway 1 001 �, r cn--Prop.—� ?'? ha0 y Paverss 183 -' m to O o EFosian �J �. Stoop & Steps 93 i v i Coptro!4x$ Shedd a 3,090 0 o 1` tiro +� �V 9,s> > Ptosed Hardcover Colculation (gg. ft. ): 3 ° Qo b `' " i ,yds p o Prop. Mouse/Garage 2,211 N cooc I + f , s2 Prop. En try 88 °ry r ` m - V / r `9S� �,�`�� x Prop. Bituminous Driveway 650 a� a �` •a 1�o ' S� X51, o Prop. Patio 204 ,� o '' N Y� n• k ° `oQ+ p v '� Exist. Steps (to remain) 56 Total Proposed Hardcover 3,209 *►, a x t. u `L C C� C� �� Inv S� ,s 9 Total Lot Area 14,876 CoQ ,den ` k aQ `Q ¢ ? `�►� ca 5 54.2., (less Crystal Bay Rd pavement) 2,035 v �a Proposed House �y� Adjusted Lot Area 12,841* ;'��� o �,�`r► '�j & Garage 7, g5 3 a ' •y� aPercent Existing Hardcover 24.1$'(2,211 s.f12in. yO (Cd 94r4 •ac�A S4�F 5 7 z Percent Proposed Hardcover 25.0* Proposed `Ssr•-1feids rr� J Elevations; �ca� *Crystal Bay Rd. pavement not included in v ,t LFE=943.0 / Prop. Bif. hardcover calculation. a I I� • 6+ ,fes u ► Ocl f`9 r FFE=953.5 / `' Driveway, 0 Excluded Hardcover. -�m�ai,�oinElm Proposed Retaining Walls 600 Q Note, a•0. on3i m 'cQ.S a I C3 / _ Proposed grades and drainage designed by a sq Q L ro '(�: Granberg and Associates, Inc, and must be " 944.5 /.�..5�� y — verified and approved by the City of Orono . `9�` 1 MFlR-95t 7, prior to construction. w Qo 15in. ks C ►` l �Q• O S` J , 4 a .. Catch Basin- CJ u� ` A9 ` ,> g s �_.•+ .tea % Bounda cri ion u tient Z That part of Lot 2, Block 2, TOWNSITE OF J rx 944: 9� z 9 LANGDON PARK lying Southwesterly of the � 4y Prop.- Vit, ��= f Northeasterly 180 feet thereof, according to O Ca f 1 Erosion N -.0 � Control :"�(' % "'' '` f the plat thereof on file or record in the office 1 Iv' �+ l �• 'ti h of the Register of Deeds In and for Hennepin d '/k•. qAr County, together with that part of Northern I' —Approx. Avenue vacated abutting upon said described W shed lacati� premised in the rear Iying between theco ftalift extensions of the Easterly and Westerly side r. U 241 Bass lines of said tract. co SCALE .a Subject to a right to create a public easement c c� sa o 10 zo ao RECEIVED for highway purposes over the Southeasterly 33 feet of that part of said laid out as Northern Avenue as shown in Deed Doc. No. 198674, 1 o SEP 2 101Files of Register of lrtles. 3 inch = 20 feet 3 Bearings based on assumed datum. 3d�5 Date Application Received: 12/12/2016 Date Application Considered as Complete: 1/9/2017 60 -Day Review Period Expires: 3/9/2017 REQUEST FOR COUNCIL ACTION DATE: February 13, 2017 ITEM NO: 11 Department Approval: Administrator Reviewed: Agenda Section: Name Jeremy Barnhart JML Planning Department Report Title Community Development Director Item Description: #17-3886, Hennepin County, 3880 Shoreline Drive, Conditional Use Permit: Essential Service Application Summary Hennepin County is requesting a Conditional Use Permit for a mesonet station, a weather information gathering station consisting of a 30' tall tower, sensors, and equipment within a 40 foot by 40 foot fenced area NE of Hennepin Counties existing Public Works garage at 3880 Shoreline Drive. There are several stations in western Hennepin County. The improvement is considered an essential service as it supports the County's public works, transportation, and emergency management systems. The data received is available to the public at no charge. Planning Commission Recommendation The Planning Commission held their public hearing on January 17, 2017. Commissioners noted that at 30 feet, the top of the tower might be visible, but this height is no higher than permitted for a principal structure. The Commission questioned if a commercial antenna could be located on the tower, and to be considered an essential service, a commercial antenna could not be located. Public Comments No comments for or against the proposal have been received. Action Requested: Approve, by resolution, the Conditional Use Permit allowing a mesonet station at 3880 Shoreline Drive. List of Exhibits: Exhibit A. Draft Resolution with plans Exhibit B. Draft Planning Commission minutes Exhibit C. PC Staff Report & Exhibits dated January 17, 2017 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-946 FILE NO. 17-3886 WHEREAS, Hennepin County, a public entity (hereinafter the "Applicant'), is the owner of the property located at 3880 Shoreline Drive and legally described as: THAT PART OF GOVT LOT 8 IN SECTION 17 TOWNSHIP 117 RANGE 23 DESCRIBED AS FOLLOWING BEGGINNING AT INTERSECTION OF NORTH LINE OF SOUTH 233 FEET OF SAID GOVERNMENT LOT 8 WITH EAST LINE OF STREATERS SPRING PARK ADDITION THEN NORTH ALONG SAID EAST LINE AND ITS EXTENTION TO SOUTH LINE OF RAILROAD RIGHT OF WAY THEN NORTHEASTERLY ALONG SAID SOUTH LINE TO EAST LINE OF SAID GOVERNMENT LOT 8 THEN SOUTH ALONG SAID EAST LINE TO NORTH LINE OF SAID SOUTH 233 FEET OF GOVERNMENT LOT 8 THEN WEST ALONG SAID NORTH LINE TO BEGGINNING ALSO EAST 50 FEET OF WEST 200 FEET OF NORTH 200 FEET OF SOUTH 233 FEET OF THAT PART OF SAID GOVERNMENT LOT 8 LYING EAST OF EAST LINE OF STREATERS SPRING PARK ADDITION AND ITS EXTENTION ALSO THAT PART OF LOT 4 BLK 9 TOWNSITE OF LANGDON PARK LYING WEST OF A LINE DRAWN NORTHERLY AT RIGHT ANGLE TO SOUTH LINE OF SAID SECTION 17 FROM A POINT THEREON DISTANT 1315.97 FEET WEST OF SOUTH QUARTER CORNER THEREOF AND LYING NORTH OF EASTERLY EXTENTION OF NORTH LINE OF SAID SOUTH 233 FEET OF GOVERNMENT LOT 8 SUBJECT TO ROADS, ALL IN HENNEPIN COUNTY, MINNESOTA (hereinafter the "Property"); WHEREAS, on December 12, 2016, the Applicants made an application to the City of Orono for a Conditional Use Permit for an essential service (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Sections 78-946 to permit the placement of a tower necessary to support weather data collection equipment as part of the County Wide Mesonet station array.; and WHEREAS, on January 17, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 17, 2017, the Planning Commission recommended approval of the CUP; and WHEREAS, at a meeting held on February 13, 2017, 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 #17-3886. 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 C Zoning District. 3. Knowledge of local weather, and pending weather in real time is necessary to the efficient and safe deployment of resources throughout the county, including to emergency management (police, fire, and water patrol) and public works. 4. The site has been a Hennepin County Public works site for a number of years, and is setback from area public ways, reducing impact to the neighborhood. CONDITIONAL USE PERMIT ANALYSIS: 1. The Council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential service. 2. The Council finds that the proposed essential service will not harm the public safety, health and welfare because: a. The tower is sited and is of a height to minimize visual impact on surrounding properties. b. The tower will not include any radioactive communication equipment; all communication will be via cellular telephone. c. The tower collects weather data for used by the public and public agencies. d. The tower will not produce glare or vibration to the detriment of neighboring properties. rj CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-946 to permit the placement of an essential service, subject to the following conditions: Council approval is based on plans by Hennepin County submitted by the Applicants and, attached to this Resolution as Exhibit A, (hereinafter the "Plans"). Any amendments to the Plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Upon completion of the project, the site will be evaluated from an erosion and sediment control risk perspective prior to release of escrow funds. 3. No trees are to be removed as part of this project 4. The Applicants shall ensure that the integrity of vegetation along the north property line will be protected for the duration of the project. 5. No commercial antennas may be installed on this tower. Commercial antennas will vacate the essential service designation of the tower and related equipment. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned Applicants have read, understand, and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ATTEST: ADOPTED by the Orono City Council on this 13th day of February, 2017. CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor Site Layout Overview: Land Use Area: 40 feet x 40 feet Resolution Exhibit A Items to be put on land: 10 meter tower with guy wires, grounding probe, soil moisture probe, soil temperature probe, rainfall sensor. Items to be put on tower: wind speed, wind direction, pressure sensor, temperature probe, solar radiation sensor, solar panel, datalogger, battery, relative humidity sensor, and wet bulb black globe sensor. Power: Solar Powered with Battery Backup Zoe Mprth Wind screen -a� d I Ram gauge r 1 i i 1.5 m. T/RH and 9 m, T 3 M. (mulfiplate shield) ------ 3 m. - 2 m. wind speed m. Tripod mount for pyranomeier fence Access tube for soil moisture O f Temperature f under sod O l I I I I I Rubber /Temperatures edging '„i11/ under bare sal O k'phmkV rod, sdar panty and mWas"s Mr stom W da* nc. 5. Plan view of a remote station showing rain gauge and soil sites relative to the tower. Rn 10-m wind speed R direction _ I 9 -in wind .peed - Lightning real t 9-m temperature* t Antenna to the Oklahoma Law Enforcement I vlecommmncations System Solar panel 2-m w ind sFxed" Barometric pressure, 1.5-m temperature & data logger, hatiM, and radio relatischunudity , T L5_m oiler radiation Rainfall (Alter shield not shown) Soil temperatureI Soil mrc oisiu• li", IU, b0" cm) !;round rod (5. 25. 61), 75 cm) Site locations will need to be chosen based on the following criteria: Accessible be vehicle during all seasons. Wind Speed and Wind Direction: • Standard is 10m above ground level with no obstructions within 300 m for anemometer and vane exposure. • Slope should be less than 17 degrees to avoid separation of flow, producing large eddies. Solar Radiation: • Site should be free of obstruction above the lane of the radiation sensing element. • Important that no obstruction cast a shadow on a solar radiation sensor. • Slope of terrain should be less than five degrees to avoid having to consider aspect on surface radiation measurements. Temperature and Relative Humidity: To be compliant with existing observations and airport stations, temperature and RH should be made at the standard height of 1.5 m. Pressure: • Sensors must be designed to minimize dynamic pressure. Precipitation: • Reduce the effects of wind by using a wind shield. • Gage should be over level ground and surrounding objects should not be closer to the gage than a distance equal to four times their height. Soil Temperature and soil moisture • Soil should be representative of the entire area. • Standard depths for soil temperature measures are 5, 10, 20, 50, and 100 cm 4 I PC Exhibit C IECEIVED 41 12 2016 C CMI F ORONO V Z � a W N , IL O i L 4 I MINUTES OF THE Council ORONO PLANNING COMMISSION MEETING Exhibit B Tuesday, January 17, 2017 6:30 o'clock p.m. 2. #17-3886 HENNEPIN COUNTY EMERGENCY MANAGEMENT, 3880 SHORELINE DRIVE, CONDITIONAL USE PERMIT: ESSENTIAL SERVICES, 6:32 P.M. — 6:40 P.M. Sarah Karel, Hennepin County Emergency Management, was present. Barnhart stated the applicant is requesting a conditional use permit to construct and operate a mesonet weather station as an essential service. A mesonet station consists of a 30 -foot tall tower within a 40 -foot square fenced in area with small weather sensors mounted on the tower and other equipment mounted on the ground. The mesonet station is considered an essential service since it will be communicating important information to County departments, including public works and emergency response. The information is then sent via cell phone to Hennepin County's central weather gathering station. One public comment was received from an adjoining neighbor who expressed concerns about possible radiation being emitted from the station. Staff has confirmed that the only signal to be emitted from the station will be a cell phone signal. A conditional use permit is required for all structures, including utility poles, within rights-of-way, which are an integral part of a system for public transportation as for transmitting power, water, heat, communications, gas or sewage by any public utility. The Planning Commission and City Council have to determine that there is no harm to the adjacent properties as part of the conditional use permit process. Based on Staff's review of the site, the most impactful aspect of the improvement is the 30 -foot tall tower. The 30 -foot height is the maximum permissible height for principal structures in the LR -1C zoning district. The tower will be located in the northeast corner of the property. Immediate neighbors consist of the fire station to the east and the Dakota Rail trail to the north. The nearest residential property is approximately 220 feet to the north and is located in Spring Park. The tower in this area will be visible, as existing vegetation along the rail right-of-way will not completely screen the tower. The equipment is not expected to generate noise, light, vibration or odors. Barnhart displayed pictures of the overall site on the overhead. Staff finds the standards for approval of a conditional use permit for essential services are satisfied. Page 1 of 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. The Planning Commission had no questions for Staff. Sarah Karel, Hennepin County, stated she had nothing to add to Staff's report. Schoenzeit asked whether the residents would be able to access the data. Karel stated the residents would be able to go to HennepinWestMesonet.org., which is a free public website, to access information for this specific station or other weather gathering stations. Landgraver noted the area appears to be somewhat sloped in the back and asked whether that is a desirable spot for the tower. Karel stated the purpose is to measure exactly what the area is showing as far as weather gathering data and that soil moisture and soil temperature is one component of that. Karel stated preserving the ground in the area of the tower is important. Berg asked whether Hennepin County has ever allowed cell phone companies the ability to erect some of their equipment on the tower. Karel indicated they do not. Lemke asked whether the land within the fenced in area would be mowed and otherwise maintained. Karel indicated they will go out and maintain the area a minimum of every two to three weeks and that it will be kept shorter than the other grass since the rain gauge is located there. Karel stated it will look basically like the area around it. Lemke noted an email has been received from a resident and that this is a public hearing tonight as well. Barnhart stated an email has been received from one of the neighbors expressing concern about any possible EMF radiation being emitted from the station. The neighbor also requested that the adjoining Page 2 of 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. property owners be notified if there is the addition of any radiation emitting equipment. Barnhart noted additional equipment would not be able to be added without going through a new application process. Acting Chair Lemke opened the public hearing at 6:39 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 6:39 p.m. Schoenzeit asked whether a resident would be able to erect a ham radio tower up to 30 feet in height provided it meets the setbacks. Barnhart indicated to his knowledge that would be allowed. Schoenzeit moved, Landgraver seconded, to recommend approval of Application No. 17-3886, Hennepin County Emergency Management, 3880 Shoreline Drive, granting of a conditional use permit to construct and operate a mesonet weather station. VOTE: Ayes 4, Nays 0. Page 3 of 3 Date Application Received: 12/12/2016 Date Application Considered as Complete: 1/9/2017 60 -Day Review Period Expires: 3/9/2017 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Jeremy Barnhart, Community Development Director Date: January 17, 2017 Subject: #17-3886, Hennepin County, 3880 Shoreline Drive, Conditional Use Permit: Essential Service Public Hearing Council Exhibit C Application Summary: The applicant is requesting a Conditional Use Permit for an essential Service to construct and operate a mesonet weather station. A mesonet station consists of a 30 foot tall tower with small weather sensors mounted on the tower and other equipment mounted on the ground. This tower and equipment is located within a 40' square fenced in area to the immediate northeast of the existing garage building within Hennepin County's public works operations off of Shoreline Drive. Staff Recommendation: Planning Staff recommends approval of the request. Background Hennepin County is in the process of building and expanding its weather information (Mesonet) system throughout the County. This mesonent station collects weather information and feeds it to a central location for analysis, compilation, and further communication. Their system is intended to supplement other agencies' weather information gathering stations. Currently, the County has stations in Medina, Plymouth, Hanover, Saint Bonifacius, Maple Grove, Minnetrista, and Rockford. A photo of the St. Bonifacius site is attached as Exhibit E. The mesonent station is considered an essential service as it is communicates important information to County departments, including public works and emergency response. The mesonent communications tower is not considered a personal wireless or commercial wireless tower and the user is the county government using the device solely to communicate weather information. Should the County in the future desire to place commercial antennae on the tower, a separate permit may be necessary. FILE #17-3886 January 17, 2017 Page 2 of 3 LOT ANALYSIS WORKSHEET Section 78-350 - Setbacks: The lot in question is a backlot. The following lot sizes reflect the requirements for the principal structure on a backlot: LR -1C DISTRICT Required Proposed Front 45 222.8' Rear 30 87' Side 10 224.5' Side 10 320' Height 30 (Max) Section 78-350 - Lot Area/Width: LR -1C DISTRICT (Backlot) Lot Area Lot Width Required 32,670 s.f. (0.75 acres) 100' Actual 279,683 s.f. (6.42 acre) 658' Section 78-1370 Accessory structures shall adhere to all requirements of this chapter, with the following additional requirements: a. Accessory structures within a back lot shall be allowed no closer than ten feet to a neighboring property's side or rear yard. b. Accessory structures shall not be allowed within the required street yard of a back lot nor within the required rear yard of a front lot which abuts the street yard of a back lot. c. No accessory structure shall be allowed within an access outlot. These requirements are met. Applicable Regulations: Conditional Use Permit for Essential Services (Section 78-946) A conditional use permit is required for all structures, including utility poles and rights-of-way, which are an integral part of a system for public transportation as for transmitting power, water, heat, communications, gas or sewage by any public utility. The council shall grant a conditional use permit only after a showing that the public safety, health and welfare will not be harmed by the essential services. Personal wireless services and commercial broadcasting antennas and towers shall not be considered essential services. Analysis: The most impactful aspect of the improvement is the visible 30 foot tall tower. The 30 feet height is the maximum permissible height for principal structures in the zoning district. The tower is to be located in the NE corner of the property. Immediate neighbors are the fire station to the East, and the Dakota Rail trail to the north. The nearest residential is approximately 220 feet to the north, in Spring Park, and across the trail and Northern Avenue. The tower in this area will be visible, as existing vegetation along the rail right of way will not completely screen the tower. FILE #17-3886 January 17, 2017 Page 3 of 3 The tower is the necessary height to retrieve and send communication from its sensors to the main station in Medina. The equipment is not expected to generate noise, light, vibration, or odors. Conditional Use Permit Analysis Staff finds the standards for approval of a Conditional Use Permit for Essential Services are satisfied. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested permit? a. Staff suggests a conditional that additional, non-governmental antenna acquire express approval prior to placement. 2. Are there any other issues or concerns with this application? List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Proposed Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Existing site graphic Exhibit F. Property Owners List Exhibit G. Plat Map City of Orono Conditional Use Permit Application street Address: 2750 Kelley Parkway Orono, MIN 35356 Main: 952-249-4500 fax: 952-249-4848 Mailing Address: P.O. Box 66 Crystal Bay, Mfg! 5532"066 Application # . Date Received: Staff Fee: Escrow # & S Permit Fee Notes: PC Exhibit A Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: SISO Sln�rzl�✓�t. Dr►v{. trona hN 5515°k1 APPLICANT 1 AGENT INFORMATION: Applicant Name: So -,-oh Phone (Primary): 1'A 1., - Vi Applicant Email: arch .a�+•c� Q 1Y1, Address: to to Qrca7Nr7%e- vv-:iye- City_: Me- 6, -via ZIP: 51>3140 Agent Name: Agent's phone number Agent Email: Applicant is: Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: X check here if property owner is some as applicant Name: Phone (Primary): Mailing Address: _ City: ZIP: Email: APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon (allure to do so, the staff has no alternative but to reject It until It is complete or to recommend the request for denial of the request regardless of Its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and furiher authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner andlor Applicant acknowledge they must be present at all scheduled review meetings of the /Manning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: 111 & b J JLP Applicant/Agent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: %% IgL))ILP CUP Application — January 2018 Page 2 3886 RECEIVED DEC 1 '� ?w City of Orono Pre -Application Meeting Form (This form is to be completed by a City Planner during your pre -application meeting.) 04 Planner: iw h lt/ Meeting DalWllrt ®: PC Date:. Met ikh: What is the purpose of a pre -application meeting? Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTYINFO9 Site Address: Property Identification Zoning District: LAND USE REQUESTS: (eh -4 e >, Size of Property: ❑ Appeal of ❑ Commercial Site Plan comprehensive Plan ❑ Easement/ ROW Administrative Decision Review Amendment Vacation, Wetland and flood plain includes seawalls and retaining walls ❑ Guest House / without subdivision ❑ PID ❑ PUD - Residential ❑ RPUD, without ❑ Zoning Amendments ❑ Renewal of CUP ❑ PUD - Commercial subdivision including Rezoningl ❑Other: CONDITIONAL USE PERMIT REQUESTS: ❑ Amend Existing CUP yp-Commercial 1 Industrial Use ❑ Duplex Credit per bldg) ❑ Grading and filling — ❑ Grading and filing — ❑ Grading and filing — with 75 feet of OHWL 501 cy or more Wetland and flood plain includes seawalls and retaining walls ❑ Guest House / ❑ institutional ❑ Residential 1 Guest Apartment Type: ❑ Renewal of CUP Residential Accessory Use Type: Applicant's BILLS AND ESCROW: The land use application fee is for city staff time and overhead Initials: costs only, Owner and/or Applicant shall pay for consultant expenses incurred In review of Owner's this application and/or additional staff time not covered in initial application fee, as well as Initials: provide an escrow in the amount of $ to guarantee payment of the above. OTHER INFORMATION: 'Please note: Your land meeting during which this Applicant Signature: Owner Signature: CUP Appik efion — January 2018 r conditional use permit will NOT be accepted without a pre -application will Jae completed by City staff. ke e Date: 1� �Lp Date: 11 1 LIU E(A; LOWED DEC Page 3 3886 CITY OF ORONO PC Exhibit B Hennepin County Memo Hennepin County Emergency Management Phone: 612-596-0757 1600 Prairie Drive Fax: 763-478-4001 Medina MN 55340-5421 TDD: 763-478-4030 Date: November 30, 2016 To: City of Orono From: Sarah Karel, Meteorology Coordinator — Hennepin County Emergency Management Subject: Hennepin County Orono Truck Shop Weather Station Accurate and timely weather, climate, and hydrologic data are essential to maintain the health, safety and welfare of Hennepin County communities. Hennepin County Emergency Management is developing the Hennepin West Mesonet to closely monitor hazards. Violent weather that forms tornadoes, extreme winds, lightning, hail and flash flooding can strike quickly during the summer. In winter, blizzards, sustained heat waves and arctic cold blasts can harm vulnerable people. Deep frosts can disable essential services such as water and sewer. Detailed weather information is also critical to public alert and emergency operations including severe weather warning, firefighting, flood control, and toxic material response, for example. Currently, official weather sensors are designed and located to serve just a few sectors, principally aviation and major freeway networks, Hennepin County Emergency Management is building a system that leverages existing official weather sensors, and identifies and fills and coverage gaps. The system also adds important new capabilities that will aid decision making by governments and emergency responders. This software project will ensure that Hennepin West Mesonet data will also be easily accessible to researches, industry and the public to multiple uses and benefits of this information. A 30 foot aluminum structure holds most of the sensors that detect wind speed, direction, temperature, humidity and barometric pressure. Rain gauges and soil sensors are placed on or in the ground nearby. Stations use solar energy and require no external power. Data is sent via cellular phone or radio to the network data base. A steel base is used with iron rods in each corner to keep it firm on the ground. 3 guy wires are screw anchored into the ground to keep tower from tipping or swaying. Total construction from start to finish takes 2-3 days and is done by Hennepin County Emergency Management. Our partner coalition currently includes: The National Weather Service (NWS), the Minnesota Department of Transportation, City of Minneapolis, Three Rivers Par District, Mirmehaha Watershed District, Wright -Hennepin Cooperative Electric, City of Maple Grove, Minnesota Vikings, Minnesota Natural Resources — State Climatology Office. Sincerel C'Jt �'� Sarah Karel Meteorology Coordinator RECEIVED DEC 1-2 2016 `'' Q � CITY OF ORONO f�,r1 O d 1 z 9z 0O O� H o_ � z° MI - v0 v� Z KCC Lu W= z N WW 8 � 86 z �. PC Exhibit C IECEiVED 2016 .12 a CR4Y ORONO 0 y� V Fr � a OC W � i O d 1 z 9z 0O O� H o_ � z° MI - v0 v� Z KCC Lu W= z N WW 8 � 86 z �. Site Layout Overview: Lade Use Area: 40 feet x 40 feet Items to be put on land: 10 meter tower with guy wires, grounding probe, soil moisture probe, soil temperature probe, rainfall sensor. Items to be put on tower: wind speed, wind direction, pressure sensor, temperature probe, solar radiation sensor, solar panel, datalogger, battery, relative humidity sensor, and wet bulb black globe sensor. Power: Solar Powered with Battery Backup FJG. 5. Plan view of a remote station showing rain gauge and soil situ relati%,e to the tower. k© I0 -m wind speed & direction 9-rn wind speed* 9-m Lightning rod ,4tenna to the Oklahoma Law Enforcenwmi `relecomntttttcations 5ystern 4 Solar panel 2-m wind speed* Barometric pressure, data logger, battery, and radio 1.5-m lemperature s resat ve humidity 1.5-m solar radiation Rainfall (Aller shield not shown) rj Soil temperature Soil moisture* (5*, I[#, 30* CM) CsrDund rod (5, 25, 60, 75 cm) Site locations will need to be chosen based on the following criteria: Accessible be vehicle during all seasons. Wind Speed and Wind Direction: • Standard is 10 m above ground level with no obstructions within 300 in for anemometer and vane exposure. • Slope should be less than 17 degrees to avoid separation of flow, producing large eddies. Solar Radiation: • Site should be free of obstruction above the lane of the radiation sensing element. • Important that no obstruction cast a shadow on a solar radiation sensor. • Slope of terrain should be less than five degrees to avoid having to consider aspect on surface radiation measurements. Temperature and Relative Humidity: • To be compliant with existing observations and airport stations, temperature and RH should be made at the standard height of 1.5 in. Pressure: • Sensors must be designed to minimize dynamic pressure. Precipitation: • Reduce the effects of wind by using a wind shield. • Gage should be over level ground and surrounding objects should not be closer to the gage than a distance equal to four times their height. Soil Temperature and soil moisture • Soil should be representative of the entire area. • Standard depths for soil temperature measures are 5, 10, 20, 50, and 100 cm PC Exhibit F RUN DATE: 11129/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 17 17-117-2333 0009 17 17-117-23 33 0043 17 17-117-23 330088 ROGER ALLAN BUEHL R E BERRETT & C M 13ERRETT EVALINA C KLEIN 3810 NORTHERN AVE 3900 DEL OTERO AVE 3876 NORTHERN AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 ROGER ALLAN BUEHL ROBERT E & CLAIRE M BERRETT EVALINA C KLEIN 3810 NORTHERN AVE 1085 BROWN RD S 3876 NORTHERN AVE SPRING PARK MN 55384 WAYZATA MN 55391 SPRING PARK MN 55384 17 17-117-23 33 0010 37 17-117.23 33 0046 17 17-117-23 33 0094 HAROLD R KOKESH ETAL CHRISTINE SHEARMAN THOMAS LABELLE 3816 NORTHERN AVE 3926 DEL OTERO AVE 2265 HAZELDELL AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 HAROLD R KOKESCH CHRISTINE SHEARMAN THOMAS LABELLE 3816 NORTHERN AVE 3926 DEL OTERO AVE 2265 HAZELDELL AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 17 17.117-23 33 0016 17 17-117-23 33 0047 17 17-lt7.23 33 0137 ERIC ROBERT TISCHLER MICHAEL R ERICKSON C MATTSON & M MATTSON 3842 NORTHERN AVE 3934 DEL OTERO AVE 3822 NORTHERN AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 ERIC R TISCHLER MICHAEL R ERICKSON MICHELE MATTSON 3842 NORTHERN AVE 3934 DEL OTERO AVE 3812 NORTHERN AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN $5384 17 17-117-23 33 0018 17 17.117-23 33 0061 )7 17-117-2333 0138 ANDRA L EMERYIKEITH J EMERY TYLER J ROETHLE DOUGLAS C TRASK 3852 NORTHERN AVE 3940 NORTHERN AVE 3832 NORTHERN AVE SPRING PARK MN $5384 SPRING PARK MN 55384 SPRING PARK MN 55384 ANDRA L EMERYIKEITH J EMERY TYLER ROETHLE DOUGLAS C TRASK 3852 NORTHERN AVE 3940 NORTHERN AVE 4569 SHORELINE DR SPRING PARK MN 35384 SPRING PARK MN 55384 SPRING PARK MN 55384 17 17-117.23 33 0019 17 17-117.23 350066 17 17-117-23330139 WILLIAM A ANDERSON GERALD ROLAND HANSEN DOUGLAS J SIPPEL 3877 PARK LA 3900 NORTHERN AVE 2241 HAZELDELL AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 WILLIAM A ANDERSON GERALD R HANSEN DOUGLAS J SIPPEL 3877 PARK LA BOX 152 2241 HAZELDELL AVE SPRING PARK MN 55364 SPRING PARK MN 55384 SPRING PARK MN 55384 17 17.1 17-2 3 33 0020 17 17.117-23 33 0067 17 17-117-23 33 0142 JAN W STRUCK ROBIN L SHERMAN THOMAS TRUDEL 3862: NORTHERN AVE 2258 HAZELDELL AVE 3910 DEL OTERO AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 JAN W STRUCK ROBIN L SHERMAN THOMAS TRUDEL 3862 NORTHERN AVE 2258 HAZELDELL AVE 3910 DEL OTERO AVE SPRING PARK MN 55364 SPRING PARK MN 55384 SPRING PARK MN 55384 17 17-117-23 330022 17 17.117.23 33 0068 17 17-117-2313 0143 J J FITLLOFF & L J FITZLOFF B W ADAMS & R G ADAMS JAMES J SMITH 3861 PARK LA 3913 MAPLETON AVE 3914 DEL OTERO AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 JEFFREY & LAURIE FITZLOFF BRENT ADAMS/REBECCA ADAMS JAMES J SMITH 31 CO RD 92 3913 MAPLETON AVE 3914 DEL OTERO AVE INDEPENDENCE MN 55359 SPRING PARK MN 55384 SPRING PARK MN 55384 17 17.117.23 33 0038 17 17-117-23 33 (069 17 1? -117-23330144 JOHN KARPINSKY BRUCE D WILLIAMSON R J CASHMAN & A A CASHMAN 3916 SHORELINE DR 3901 MAPLETON AVE 3916 DEL OTERO AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPAIN G PARK MN 55384 JOHN KARPINSKY BRUCE D WILLIAMSON RONALD J & ANN A CASHMAN 3916 SHORELINE DR 3901 MAPLETON AVE 3916 DEL OTERO AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 17 17-117-23 3311039 17 17-117-23 33 0084 17 17-117-23 330145 CLARK R OLTMAN TRUSTEE T D & J L MASON GREG VANDERWILT 3924 STIORF,LINE DR 2254 LILAC RD - 3918 DEL OTERO AVE SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 CLARK R OLTMAN THOMAS D & JOLENE L MASON GREG VANDERWILT 43 LAKE DORA PARK 2254 LILAC LA 3916 DEL. OTERO AVE TAVARES FL 32778 SPRING PARK MN 55384 SPRING PARK MN 55384 17 17-117-23 33 0040 17 17-117.23 33 0087 17 17-117-23 33 0146 JOHN P KASTER NOREEN F BENJEGERDES LINDSAY L ASHBURN 3932 SHORELINE DR 3872 NORTHERN AVE 3900 SHORELINE DR SPRING PARK MN 55384 SPRING PARK MN 55384 SPRING PARK MN 55384 JOHN P KASTTR NOREEN F BENJEGERDES LINDSAY L ASHBURN 3932 SHORELINE DR 1375 HIGH SITE DR #321 3900 SHOREL W E DR SPRING PARK MN 55384 EAGAN MN 55121 SPRING PARK MN 5$384 8 t' RUN DATE: I1129/201G HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 2 17 17-117-23330147 38 17.11723 330007 38 20-117-23 21 0018 JEFFREY S GARBERG M E BREWER & B L BREWER CALVARY MEMORIAL CHURCH 3902 SHORELINE DR 33M SHORELINE DR 2420 DUNWOODY AVE SPRING PARK MN 55384 ORONO MN 55391 ORONO MN 55391 JEFFREY S GARBERG MARK E & BARBARA L BREWER CALVARY MEMORIAL CHURCH 3902 SHORELINE DR 3800 SHORELINE DR 2420 DUNWOODY AVE SPRING PARK MN 55384 WAYZATAMN 55391 WAYZATA MN 55391 17 17-117-23 33 0148 38 17-117-23 330151 38 20-l17-2322 0001 VINCENT K BURNHART COUNTY OF HENNEPIN C W SMITH & S B SMITH 3904 SHORELINE UR 3880 SHORELINE DR 3925 SHORELINE DR SPRING PARK MN 53384 ORONO MN 55391 ORONO MN 55384 VINCENT K BURNHART COUNTY OF HENNEPIN CORTLAND SMITH & SUSAN SMITH 3904 SHORELINE DR ATTN: REAL ESTATE MANAGER 3925 SHORELINE DR SPRING PARK MN 55384 7014TH AVE S SUITE 400 SPRING PARK MN 55384 MINNEAPOLIS MN 55415 17 17-117-23 33 0149 38 17.117-23 34 0050 38 20-117-23 22 0002 RANDY SCHUFT MICHAEL THEODORE CARL JAMES D BEDELL 3906 SHORELINE OR 3780 NORTHERN AVE 3935 SHORELINE DR SPRING PARK MN 55384 ORONO MN 55391 ORONO MN 55384 RANDY A SCHUFT MICHAEL T CAR[* JAMES D BEDELL 3906 SHORELINE DR 3780 NORTHERN AVE P O BOX 33 SPRING PARK MN 55384 WAYZATA MN 55391 MOUND MN 55364 17 17-117-23 33 0150 38 17-117-23 34 0051 36 20.117.23 22 0003 THOMAS FREDRICK BROUELETTE J R QUAM & J E QUAM RICHARD ADOLPH CARLSON 2242 MAPLETON AVE 3760 NORTHERN AVE 3905 SHORELINE DR SPRING PARK MN 55384 ORONO MN 55391 ORONO MN 55384 THOMAS FREDRICK BROUELETTE JOHN R QUAM RICHARD A CARLSON 2242 MAPLETON AVE. 3760 NORTHERN AVE 3905 SHORELINE DR SPRING PARK MN 55384 WAYZATA MN 55391 SPRING PARK MN 55384 17 17-11743 33 0152 38 17-117-23 34 0052 38 2D-117-23220004 ANTHONY R POLLOCK HENNEPIN CO REGIONAL RR AUTH JESSE E SATER 3916 NORTHERN AVE 36 ADDRESS UNASSIGNED 3895 SHORELINE DR SPRING PARK MN 55384 ORONO MN 00000 ORONO MN 55391 ANTHONY R POLLOCK HENNEPIN COUNTY JESSE E SATER 3916 NORTHERN AVE REGIONAL RAILROAD AUTHORITY 3895 SHORELINE DR SPRING PARK MN 55384 7014771 AVE S SUITE 400 WAYZATAMN 55391 MINNEAPOLIS MN 55415 17 17-117-2334002L 38 17 -11? -23340065 38 20-117-23 22 0005 K P KALKBRENNER & K C WALKER LAKE MTKA WOODS ASSOC KONRAD CHRISTOPHER KRUGER 3800 NORTHERN AVE 3755 LIVINGSTON AVE 3915 SHORELINE DR SPRING PARK MN 55384 ORONO MN 55391 ORONO MN 55384 KIRK KALKBRENNER LAKE MINNETONKA WOODS ASSOC KONRAD CHRISTOPHER KRUGER KIMBERLY C WALKER CIO COMPASS MANAGEMENT GROUP 4831 MAN€TOU RD 3800 NORTHERN AVE 415 INDIAN MOUND ST E 4101 EXCELSIOR MN 55331 SPRING PARK MN 55384 WAYZATA MN 55391 17 M117-23430186 38 17-117-2S34003 38 20-11723 22 0006 HENNEPIN CO REGIONAL RR AUTH LAKE MTKA WOODS ASSOC T M GREGORY & T A GREGORY 17 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 3877 SHORELINE DR SPRING PARK MN 00000 ORONO MN 00000 ORONO MN 55391 HENNEPIN COUNTY LAKE MINNETONKA WOODS ASSOC T M GREGORY & T A GREGORY REGIONAL RAILROAD AUTHORITY CIO COMPASS MANAGEMENT GROUP LS95 STEIGER LAKE LA 701 4TH AVE S SUITE 400 415 INDIAN MOUND ST E *101 VICTORIA MN 55386 MINNEAPOLIS MN 55415 WAYZATA MN 55391 38 17-117-23310004 38 17.117.23 34 0085 38 20-117-2122 0007 EJ & M J HELD TONKA VENTURES LLC J MICKELSON & T MICKELSON 3890 SHORELINE DR 38 ADDRESS UNASSIGNED 3865 SHORELINE DR ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 EDWARD J & MARSHA J HELD LAKE MINNETONKA WOODS ASSOC JEFFREY & TINA MICKELSON 3890 SHORELINE DR CID COMPASS MANAGEMENT GROUP 3865 SHORELINE DR WAYZATA MN 55391 415 INDIAN MOUND ST E 4101 WAYZATA MN 55391 WAYZATAMN 55391 38 17-111-23330005 38 17-117-23 34 0086 38 20-117-23 22 0008 DAVID UMBEHOCKER CITY OF ORONO BRENT D WALTON 3860 SHORELINE DR 3770 SHORELINE DR 2405 DUNWOODY AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DAVID UMBEHOCKER CITY OF ORONO BRENT D WALTON 3860 SHORELINE DR 2750 KELLY PKWY 2405 DUNWOODY AVE WAYZATA MN 55391 ORONO MN 55356 WAYZATA MN 55391 38 17-117-23 33 0006 38 17-117.23 34 0087 38 20-117-23 22 0009 LEERYAN OF MINNEAPOLIS LLC DAVID C NESS/COLLEEN S NESS JEAN WALSH 3850 SHORELINE DR 3750 NORTHERN AVE 2425 OUNWOODY AVE ORONO MN 55391 ORONO MN $5391 ORONO MN 55391 BARBARA S HENSLEY DAVID C NESS JEAN WALSH 3850 SHORELINE DR COLLEENS NESS 2425 DUNWOODY AVE WAYZATAMN 55391 3750 NORTHERN AVE WAYZATAMN 55391 WAYZATAMN $5391 Hennepin County Locate & Notify Map PC Exhibit G Provided By: Resident and Real Estate Services Date: 11/29/2016 17-117-23.32 „ - 17-117-23-31 N, Togo Roa CI W iA am I, f0 117'23-3.4 17-11 3 '' 17. 17 ,23-34 ` wq --117-23-21 20-117-23►22 a n r, 20-117-23-22 20-117-23-21 Buffer Size: 350 feet Map Comments: COUNTY OF HENNEPIN 3880 Shoreline Drive Orono, MN 55391 0 120 240 480 ft I I I I I I I 1 1 RECEIVEDFor more information contact: Hennepin County GIS Office 300 6th Street South DEC 1 ?� Minneapolis, MN 55487 gis.info@hennepin.us CITY OF ORONO 7, Application Received: 12/14/16 Date Application Considered as Complete: 12/14/16 60 -Day Review Period Extension Expires: 04/13/17 REQUEST FOR COUNCIL ACTION Date: February 13, 2017 Item No. 12 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"j? Planning Title: Planner Item Description: #17-3887, Revision LLC o/b/o Geoffrey & Stephanie Martha, 2092 Shadywood Road, Variance - Resolution Application Summary: The property contains a modest home and a small detached garage. The owners would like to construct improvements to make it more functional. A side setback variance is requested in order to allow a 1.3' principal structure setback where a 10' setback is required in order to connect the existing detached garage to the home. This connection would result in the detached garage becoming part of the principal structure. The existing home is conforming with respect to setbacks; the connection would make the principal structure nonconforming as the house would no longer meet the required 10' side setback. The applicants initially requested a hardcover variance to permit 27.5% hardcover where currently 25.6% exists, and 25% is permitted in order to construct additions to the home, and construct a new 24' x 24' detached garage on the property. After receiving the Planning Commission's denial recommendation, the applicants have revised the plans to eliminate the need for the hardcover variance. The proposed hardcover now conforms to 25%. Planning Commission Recommendation On January 17, 2017 the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 3 to 0 in favor of a motion to deny the hardcover variance and approve the side setback variance. Commissioner Alternate Berg recused herself from the voting. Planning Staff Recommendation Based on the revised plans, Staff recommends approval. A draft approval resolution has been provided for Council's consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Revised Survey & Hardcover Calculations Exhibit C. Photos from Applicant Exhibit D. PC Staff Report & Exhibits Exhibit E. Draft PC Minutes CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. 17-3887 WHEREAS, Geoffrey Martha and Stephanie Martha, a married couple (hereinafter the "Applicants"), are the owners of the property located at 2092 Shadywood Road and legally described as: Parcel 1: Lot 31, Block 1, "Wiley's park", Lake Minnetonka, except the following: Commencing a the Northwesterly corner of said Lot; thence Southeasterly along the Southwesterly line of said Lot 20.00 feet; thence Northeasterly a distance of 109.35 feet to a point on the Northerly line of said Lot distant 115.0 feet Easterly of the Northwesterly corner thereof; thence Westerly on said Northerly line to the point of beginning; and Parcel 2: That part of Lot 30, Block 1, :"Wiley's Park", Lake Minnetonka, lying Northwesterly of a line drawn Northeasterly from the most Westerly corner of said Lot 30 to the shore of Lake Minnetonka, which line forms an angle of 80 degrees 36 minutes 30 seconds with the Southwesterly line of said Lot 30 at the most Westerly corner. (hereinafter the "Property"); WHEREAS, on December 14, 2016, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow the existing detached garage to be attached to the principal structure resulting in a 1.3' side setback for the house where a 10 foot setback is required; and WHEREAS, the Applicants also made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow 27.5% hardcover where currently 25.6% exists, and 25% is permitted in order to construct additions to the home, and construct a new 24' x 24' detached garage on the property; and WHEREAS, on January 17 , 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 17, 2017, the Planning Commission recommended approval of the requested side setback variance and denial of the hardcover variance to exceed 25%; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, on February 1, 2017, the Applicants provided a revised plan reducing the proposed hardcover to the conforming level of 25% and eliminating the hardcover variance request; and WHEREAS, on February 13, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested side setback 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 #17-3887. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1C Lakeshore Residential Zoning District. 3. The Property contains 19,125 square feet (0.44 acre) in area and has a defined lot width of 40 feet at the ordinary high water mark and 58 feet at the 75 -foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Side Setback Variance. 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: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The Applicants propose to construct additions to the existing residence on a residential property which is consistent with the intent of the ordinance. 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 variance resulting in a permit for additions to a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit additions to the existing home within the 10 foot side setback area appears to be reasonable as the existing detached garage currently occupies this space, therefore the adjacent properties may not be adversely impacted. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home and detached garage were preexisting conditions and not created by the Applicants. c. The variance, if granted, will not alter the essential character of the locality. " The connection between the existing detached garage and the home resulting in the detached garage becoming part of the principal structure will likely not have an impact on the neighbor to the south. However, the existing detached garage is setback only 1.3 feet from the property line and there is only approximately 11 feet between this structure and the neighboring home. It is unknown if this existing situation has an adverse impact on the neighbor or if it will be exacerbated by the proposed project but it is unlikely to result in a change in character. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a residential home and detached garage are allowed uses in the LR -1C District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The size of the Property is not conforming to the LR -1 C area or width standards. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is similar in size to but on the small end of the range of the immediately adjacent property areas. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants have indicated the variances are necessary. 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." Due to the narrow width of the lot, the variance to allow the 1.3 foot encroachment for the principal structure may be reasonable as the existing detached garage is currently close to the property line. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The location of the existing structure and the width of the lot are practical difficulties which support the requested setback variance. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 to allow the existing detached garage to be attached to the principal structure resulting in a 1.3' side setback for the house where a 10 foot setback is required, subject to the following conditions: 1. Council approval is based on the survey dated January 30, 2017 by Gronberg and Associates, and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. completed within one year of the date of Council approval, or the variance will expire on that date (February 13, 2018). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 13' day of February, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor IME1161 Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. Property Owner This instrument was acknowledged before me this day of 20, by Geoffrey Martha, husband of Stephanie Martha. blic STATE OF MINNE" COUNTY OF HENN This instrument was acknowledged before me this day of 20, by, Stephanie Martha, wife of Geoffrey Martha. Notary Public C 17-018 City of Orono opo Hardcover Calculation Worksheet Property Address: 2.9. riqAe Yl eit. m g o"# 0 (M+t 4Q7-1VY0 fsHo Prepared by: 67RaA18 frRG ¢ A -T rOC JA 2-fY't eAIc. Date: Stormwater Quality Overlay District Tier (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVE In the following table, identify all items of proposed hardcover on the property, keyed by letter to Cartificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) SurveySquare Length x Width Total Feet) (Example) (Garage) 24' x 30' 720 S.F. A EX/ j7"/rt/�r 4414 41ej-E 66*A F1*1eV6 ' S.F. B /f71* 61 4: Pi. T To E -COM A4.47 dly 0,c N- S.F. C- X - S ,f a1N' ,0CO2 03 S.F. D T t� e yc- S.F. E A r LL ZC C 0 A.1 CLt E X t f7fi%F7Z R— 5'8 eri,tt V R FA4,9VC-40 = S.F. F RC oI/rb S.F, G4-j�KE o RFM py S.F. jfAlrk S.F. I EX! AAq 9 S.F. 0 S.F. K R - e U S.F. L S.F. M r 73 S.F. N S.F. o v R c 3 S.F. P S.F. Q /.� U ' 1 A/ eE tr S.F. R t d11F .JiffP S.F. S .4 c.t< 2 1 S.F. T S.F. U S.F. v S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Proposed Hardcover ? S -F. Excludable Hardcover See Ci Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover Q S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1Y78 / S.F. 4 Total Lot Area Z 12 5 S.F. Proposed Hardcover Percentage I (3) +(4) ] Z$- 00% Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been matte to ensure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 19 CERTIFICATE OF SURVEY FOR \\ GEOFFREY & STEPHANIE MARTHA\\\\\\\\\ IN LOTS 30 & 31, BLOCK 1, WILEYS PARK LAKE MINNETONKA (1 \ \ \ LADE HENNEPIN COUNTY, MINNESOTA � \\•,\\,\`\ �� I •�' MINNETONA I CRYSTAL BAY \ ` rxsirm \ \ � • suux�c EXISTINcovoto G \\ `\ \........�: HOUSE PORa,, 1 \ Nzat7 �5. i938La7929 4 CONTOUR xibpo�slrFs If L ei Y!' {G61Ai � yy O 5,41 VEY 052-•1 1� tori {r \ 75' \\ zs), �•�2e APS \ \, \�\� 5 .611 1) SETBACK G tpas q p�gti a,s r [c3Tut a+,mr WAL'11 P qt *43�r •PROPOSED •..,." , ... ` 'st: (rJ o13Evzil f9azA e r^:,.fnaayt I9s,.s7 [Mj (L TO w :_ gb (94&9) � .••r: •.y (i,e nw`+'ooR- \ f/ :.,i'�� `n` • \ EXISTIIrL cal 2� E3 \ NW CaR m LaA 3t ��[R[VEW �` "°wc HOUSE i.,. +•'..[) f DRf+{EWAY - �' +4 ,•�dse ►£� \ Y ? °oa8 ' S ti F (C) °wacs'iaov ks (A) l ��a� � / UDNDT \\ /. raro r' wlwc f"JWMAYEING J /S. \ LEGAL DESCRIPTION OF PREMISES \ tel P�5Z BLACKroa zv� �\ µ1 fs) RAGS \ PARCEL 1 ,/'ROADWAY �r / PROPOSED \ r Loh 31, Block 1, '"Wiley' s Park", Lake Minnetonka, except the fallowing: \ Commencing at the Northwesterly corner of said Lot: thence Southeasterly GARAGE / [949. Roolong the Southwesterly line of said Lot 20.00 Feet; thence Northeasterly - + EXISTING a distonee of 109-35 feet to a point on the Norther) line of said Lot S. [9.r�Y \ (P) ti■�'✓ \� fN distant 115.00 feet Easterly of the Northwesterly corner thereof; thence HOUSE Westerly on said Northerly line to the point of beginning. GRAVEL" / // X2104 PARCEL 2 vat': '`•. f�7•r1 f / That part of Lot 30, Block 1, "Wiley' s Park", Lake Minnetonka, lying DRIYPWA�, {C} .." f Northwesterly of a line drown Northeasterly from the most Westerly corner of said Lot 30 to the share of Lake Minnetonka, which Ione farms an angle of 60 degrees 36 minutes 30 seconds with the Southwesterly line of said Lot 30 at the most Westerly corner. • �9 `;- :'' // a� • : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum 91a.a denotes proposed spot elevation, mean sea level datum "PIP, • s Q,s _ _ 36 917 - denotes existing contour line, mean sea level datum b,. 4� JI'll, J. 93a denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. a a° rxlsTyc GARAGE to This survey intends to show the boundaries of the above described property, the location of an existing house and garage, spot elevations, topography, the proposed location of two proposed additions, a proposed deck, driveway garage and grades, and the location of all visible "hardcover" thereon. It does not purport to show any other improvements or encroachments. DATE DESCRPTION _ _sCALE 12-12-10 PROPOSED OARACE. MAROCOVO CNANOEs SMWN R p N B E R & ASSOCIATES, INC. CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS 445 NORTH WILLOW DRIVE, LONG LAKE, MN- 55356���� 952-473-414117-018 her pre certify that this plan, myspecificationdies e rsi? n, : was prepared by my Li under my direct supervision, and thtst I. am n duly Licensed Land Surveyor uruiar the laws at the state of Minnesota. Mark S. Gronberg Minnesota License Number 12755 1+�= (}" j-= ,2-�,e TOPOGRAPEIY ADOW _ HAFMCOVO 7-10-0 � — — aAre 8-16-16 t -M -IU wAux rRON cAnAaE JOB Na. 17-018 17-01'8 City of Orono �oNo Hardcover Calculation Worksheet Property Address: 7.9_ _ 9 fyAe ruv l- ae 't 0"o 4 (A4449 rIVY ESHd_ Prepared by: CRarls'B �c6'V TOC 1AIV 't e,e c. Date: Stormwater Quality Overlay District Tier (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVE In the following table, identify all items of proposed hardcover on the property, keyed by letter to Cartificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property_ For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) SurveySquare Length x Width Total Feet) (Example) (Garage) 24' x 30' 720 S.F. A E�WIT71/A-"G .t/47ce riE lFI F*!,rV9-.g -r S.F. GW I C"F Tv OCCOME 0.407 O a -N- Z S.F. C - ZSs .0 F)& av f 2037, S.F. D a L/F"" S.F. E 4FA c TIL f, U-4 L X ef7lf-Rg- SS ef', 4,Z7 AFA-110 VrV = S.F. F A FM oVIF S.F. G f kFM sv S.F. H -•R , S.F. I EX/ 9 S.F. J S.F. R -: M 0 a S.F. L dr7-0 t6- 4FMO 601 S.F. M 273 S.F. N/ S.F. O-ez Ce Qr VO'R CR S.F. P 4(04V0J- S.F. Q 1t 0 A 1 s.• . .A S.F. R iLf. l* &' rr JPIfP S.F. S 0LPz2zQ.EC4.2 ell< 2 1 S.F. T S.F. _ U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Proposed Hardcover Y781 S.F. Excludable Hardcover See Ci Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover 0 S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1 Y 78 /' S.F. 4 Total Lot Area / 2 S.F. Proposed Hardcover Percentage 1(3)+(4)] 25_ o % Subdivision Application - January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 19 FLA J, 2, Date Application Received: 12/14/16 Date Application Considered as Complete: 01/12/17 60 -Day Review Period Expires: 03/13/17 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner h'1GG Date: 17 January 2017 Subject: #17-3887, John Daly with Revision LLC o/b/o Stephanie Martha, 2092 Shadywood Road Variances Public Hearing Application Summary: The applicant is requesting a side setback variance and a Tier 1 hardcover variance. Staff Recommendation: Planning Department Staff recommends a partial approval, see below. Background The property contains a modest home and a small detached garage. The owners would like to construct improvements to make it more functional. They are requesting a hardcover variance to permit 27.5% hardcover where currently 25.6% exists, and 25% is permitted in order to construct additions to the home, and construct a new 24' x 24' detached garage on the property. A side setback variance is also requested in order to allow a 1.3' principal structure setback where a 10' setback is required in order to connect the existing detached garage to the home. LOT ANALYSIS WORKSHEET Section 78-350 - Setbacks: LR -1C Required Existing Proposed 30' House 98.3' House —90' House Rear/Street 15' Detached Garage 10' Detached Garage (new) 20' House 17.6' House 10' House North Side 12.4' Detached Garage 10' Detached Garage (new) 17.8' House 10' House South Side 1.3' Detached Garage 1.3' House 10' Detached Garage (existing) Lakeshore 75' —140' House —130' House The existing home and proposed additions conform to the average Average Lakeshore lakeshore setback. FILE # 17-3887 17 Jan 17 Page 2 of 5 Section 78-350 - Lot Area/Width: LR -1B Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100' @ OHWL & 75' SB Actual 19,125 s.f. (0.44 acres) ±40' @ OHWL & ±58' @ 75' SB Section 78-1403- Structural Cover Total Lot Area Total Structural Coverage 19,125 s.f. (0.44 acres) Allowed: 2,868 s.f. (15%) Proposed Existing: 1,197 s.f. (6%) Proposed: 2,334 s.f. (12%) Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 4,781 s.f. 4,900 s.f. 5,251 s.f. Tier 1 19,125 s.f. (25 %) (25.6%) (27.5%) Applicable Regulations: Side Setback Variance (Section 78-350) The applicant proposes to connect an existing detached garage which is situated 1.3 feet from the south side lot line to the home with an addition. This connection would result in the detached garage becoming part of the principal structure. The existing home is conforming with respect to setbacks; the connection would make the principal structure nonconforming as the house would no longer meet the required 10 -foot side setback. Hardcover Variance (Section 78-1 In addition to the number of additions and/or modifications to the existing home; a new detached garage is also proposed. This would increase the hardcover level of the property from the existing nonconforming level of 25.6% to 27.5% (a 351 square foot increase). 25% is the Tier 1 hardcover limit. 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. FILE # 17-3887 17 Jan 17 Page 3 of 5 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 propose to construct additions to the existing residence on a residential property which is consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for additions to a single family residence in a residential zone are consistent with the Comprehensive Plan. The proposed hardcover increase is inconsistent with the City's goals for protection of the lake. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit additions to the existing home within the 10 foot side setback area appears to be reasonable as the existing detached garage currently occupies this space, therefore the adjacent properties may not be adversely impacted. The hardcover increases resulting from the new detached garage, home additions, and the new driveway areas increase the hardcover above the existing nonconforming level. Practical difficulties have not been demonstrated as of this writing to justify the variance. b. There are circumstances unique to the property not created by the landowner; The location of the existing home and detached garage were preexisting conditions and not created by the property owner, and c. The variance will not alter the essential character of the locality. The connection between the existing detached garage and the home resulting in the detached garage becoming part of the principal structure will likely not have an impact on the neighbor to the south. However, the existing detached garage is setback only 1.3 feet from the property line and there is only approximately 11 feet between this structure and the neighboring home. It is unknown if this existing situation has an adverse impact on the neighbor or if it will be exacerbated by the proposed project. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home and detached garage are allowed uses in the LR -1C District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. FILE # 17-3887 17 Jan 17 Page 4 of 5 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The size of the subject property is not conforming to the LR -1C area or width standards but it is not unusual enough to justify the additional hardcover requested. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is similar in size to but on the small end of the range of the immediately adjacent property areas. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has indicated the variances are necessary. 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 hardcover variance for the level requested is not in line with the intent of the zoning chapter. Due to the narrow width of the lot, (the property is approximately 75 feet wide in the location of the home) the variance to allow the 1.3 foot encroachment for the principal structure may be reasonable as the existing detached garage is currently close to the property line. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. While the location of the existing structure and the width of the lot may support the requested setback variance; the requested hardcover variance has not been shown to be supported by a demonstrable practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has not provided the Practical Difficulties Documentation Form, and should be asked for testimony regarding the application. Practical Difficulties Analysis The structural coverage level is proposed to increase by over 1,000 square feet, and although conforming to the massing limitations, results in the requested variance to increase hardcover over the existing nonconforming level, 470 square feet in excess of the permitted level. Staff does not find practical difficulties inherent with the property supporting the increase in hardcover proposed. Regarding the setback variance to connect the existing detached garage to the house, the location of the existing structures may support the variance. The applicant should be asked to describe in detail the intended project. Will the existing detached garage be demolished and the addition and connection be new construction? Are there alternatives which would increase the side setback? FILE # 17-3887 17 Jan 17 Page 5 of 5 Engineer Comments The City Engineer has conducted a cursory review of the project and no concerns were noted. A comprehensive review will be done at the time of the building permit. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Commission Options for Consideration 1. The Planning Commission may approve one or both of variance applications. If the Planning Commission recommends approval of both variances, the Commission should provide their findings and practical difficulty analysis supporting the approvals; or 2. The Planning Commission could deny both variances; or 3. The Commission could suggest the applicant to revise the plan to work within the existing hardcover level. List of Exhibits Exhibit A. Application Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Submitted Hardcover Calculations Exhibit E. Aerial Photos Exhibit F. Property Owners List Exhibit G. Plat Map City of Orono Variance Application I'--� Q j�r StrsetAddress: 2750 Kelley Parkway Orono, MN 55356 Application # Date Received Main: 952-249-4604 Staff fax: 952-249-4615 Mailing Address. Fee v Escrow # & $ P.O. Box 66 G� 4 ti Crystal Bay, MN 553234M Permit Fee S H o Notes PC Exhibit A #17-3887 Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: DESCRPTION OF REQUEST: 1�94xms+ k+ r , :fie. (attached additional sheets APPLICANT / AGE T INFORMATION: Applicant Name: ,viS C. ~ � Phone (Primary): - Si46o Applicant Email: _ j6hn 0 r -Y U 19' bra 0A1r� Address: 1,53 � z 1,'d s+ Applicant is: on ra Homeowner (Circle One) PROPERTY OWNER INFORMATION: Name: Phone (Primary): Mailing Address, Email: necessary) ❑ check here if prooerty owner is same as annlicant I-V Ju -".- ZIP: '�'53e APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council.I applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an aut rized presentative attend in place of the applicant/owner and advise the City Planner assigned to your project. ApplicantlAgent Signature: Date: Applicant/Agent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Variance Application - May 2016 Page 2 Date: OEC 14 2016 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 93.04 Rights of Subjects of Data, Subd. 2, "Tennessee warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 9 . The information you fumish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 93.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit First Middle 5:? Address ss -'s9 i 611� - State Zip Phone rights as stated above. RECEIVED DEC 14 2016 Variance Ap#rcafion —May 2016 Paye 10 C{T(OF ORONO V. CERTIFICATE OF SURVEY FOR GEOF'F'REY & STEPHANIE MARTHA\\`\,'` , IN LOTS 30 & 31, BLOCK 1, WILEYS PARK LAKE MINNETONKA 9464) LAKE HENNEPIN COUNTY, MINNESOTA \�' f„s�, t`q� MINNETONKA CRYSTAL BAY EXISTING PaRa' (0- 54- H 0 OUSE .......... (J)\ w6w stws LQCM k. 929,4 CWOJR LINE (OA+W.) N� 9. (951.4) S�IRVEYX!l x NMA) LOP 75' *SETBACK06 1 LINE N X6919 PROPOSED , `10 \1 S "5.0 PROPOSED—, (E) AD1TN '�$942. (951_3) 7,P To ff PORCH 09 (0) NW co� GRAVELNWO T EXISTING0 LOT 31 DRIVEWAY HOUSE (C) f2092 V 7-1/2' (A)ate. r MX $T" NOT PROPOSE wvEwAy We (p) GARAGE ; '*) a '0 LEGAL DESCRIPTION OF PREMISES TING GARAG op bO PARCEL I BLACKTOP""" ,,-RC)ADWAY Lot 31, Block 1, "Wiley's Park", Lake Minnetonka, except the following: PATIO Commencinmt the Northwesterly corner of said Lot,* thence Southeasterly W& along the Southwesterly line of said Lot 20,00 feet; thence Northeasterly EXISTING 0 distance of 109.35 feet to a point on the Northerly line of said Lot (K) distant 115.00 feet Easterly of the Northwesterly corner thereof; thence USE Westerly on said Northerly line to the point of beginning. PROPOSED G #2100 PARCEL 2 SILT FENCE G A (947.0) DRVFVYAYThat part of Lot 30, Block 1, "Wiley's Park", Lake Minnetonka, lying ',(C) Northwesterly of a line drawn Northeasterly from the most Westerly corner of said Lot 30 to the shore of Lake Minnetonka, which line forms an On e 1)� % of 80 degrees 36 minutes 30 seconds with the Southwesterly line of id Lot 30 at the most Westerly corner. denotes iron marker found C- -3 (908.3): denotes existing spot elevation, mean sea level datum ....... denotes proposed spot elevation, mean sea level datum a*, 0, ,. 44 —917- — denotes existing contour line, mean sea level daturn, denotes proposed contour line, mean sea level datum QQ Bearings shown are based upon an assumed datum. This surveyintendsoshow the boundaries of the above described property, EXISTING the location of an elisting house and garage, spot elevations, topography, GARAGE the proposed location of two proposed additions, a proposed deck, driveway garage and grades, and the location of all visible "hardcover" thereon. it rro does not purport to show any other Improvements or encroachments. DATE DESCRIPTION I hereby certify that this plan. specification, or report SCALE 12-12-10 MPOSED GARAO'- HANDODM OFLUMS RMN was prepared by me, or under my direct supervision, 1"=.20' 42-30-19 TOPOODPW WDIM GRONBERG & ASSOCIATES, INC. and that I am a duly Licensed Land Surveyor under CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS the laws of the State of Minnesota. DATE 13-16-16 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 J00 NO. 952-473-4141 - 16-3256 Mark S. Grasberg Minnesota License Number 12755 16-325B M-. 00'* �O rass 14 �....------ 630091 431 108.29 ........ t9 .27 (952 *02, 9, yn SOWD P. 4 - --------- L..; 0,5 4�1 ba 0. It ,,_z 55.61 ",or ACS J)-------------- 'Ofe, — to I Del 2011 6 5,9.32 CK ... .... OS-\ k .iM7 ------- 5.0 ly QD 14� ,,L A U 1 AR 4.2 ...... :::::: ro 1 Sal T'F°� FQ `\ \ i� 4� �2o Q�l � ----- ' � I `r AF ICE rl lee PROP � I -j I I - .: �l I �o� 1 ` 26.8 p I " TE P Ago� 4. 1- -- (D . ...... 0-0 k) - ...... --4 Va. AT Tp EE REMOVED - 46* STOS 20.7 OSED LA L I ',�'A,,, CONCJ;F-TE FOR cl S LHE RAIN—LINK F Cp \ . I 'j -�coor (bi r&) 4 0 �MCL n PL qEL 2 ........ "VEWA TO JC __JRY.&:EC- 90.7- --73.50 ,WOOD FENCE 13E :::Z........... 0 3 9.6 1 4� 60.25 bi ........... 904, ca 224.19--� ....... ....... -S 59019' 00 'W 1 11 0 OD 0\ i BSc 700 you ll 0/0 0 QR,��c �,stosta he of � ,, RFS/ ce04/6 Joey, s SFS e)-/, 7 is o ;p 0 .00 p I�q, 0"7 Ive /V Oet e �yt. thjy /V, �Q. et 0 0/f ON &�e; /i to 'S'o - cot-. 0 41- ot 90/- �k to Y(?, /Z7,41 40t 0 e 01�t ot Of 0,), ot 66 4 ?11� . I 30 Qe t 3iso or 30 %ne IQ . o & 0 00 of tee& V,-) 'I 0c/r be L (Y' et '96 ;-� t -�e /vo,- 0 00i��L 0* O_�T 9 e60/. -o 41 /L L,.,-/, t6"t ti 11 �/, t. 0 of �k Ce fol, r9b(� 6;.fo,- S Z 's 0, 3 NEW LEFT ELEVATION 1 SCAM v4-.I'4r NEW RIG14T ELEVATION GC4A V4 --1'4r COPYWOM M*. ALMMOM MiM MDP, W- MwT.a� PC Exhibit C #17-3887 NEW FRONT ELEVATION SCAM V4-.M1O- �T.W� Z NEW REAR ELEVATION WALL V4 --P-- RECEIVED DEC 14 2016 CITY OF ORONO Tlaalre �� Cants C 2016, ALEWUM DE6 W &IWW, NIG IT ]r -r II r--r�roeewa� --- �� I I aen I I II I II I II I II I II I II I 6 � I I alai I I � II I II I R]Y rtacw II II I i II I uI II I mYl.KV1W pee* .W e1S1 - Cants C 2016, ALEWUM DE6 W &IWW, NIG IT ]r -r n's IV I I aen I I 6 � I I alai I I � mecXmeai I I I I �+aeer.u:wwu mYl.KV1W pee* .W e1S1 - � � Im.PrdM1C i0 / o1R�9Y�YH1r m pp � ■ I ----J caeNm _ WAM eemrtn asav o ®aOisel�.eYiY `w+�. ffmwuw // mu oeeren — .ror Tan *� O /ep y.eRa+ � ewn.r on—een-- 8 I I ao�orN roe LI5 w Lis- ` ce•ia Btl61N0 \ ❑ i4 11r1 va as RSM cen w �aarangg II I� � �! eewa oawa acwa II! eeieem wurraw nae ru .nor mor eee s•tfw nerl ♦ ! I I � ` I � ' - ..^.'•'e. .. .. �__. __ _M '._ .. WDR T -N Ill q'IG NW1110 w LL x'01'0 -- R r e s ---- PCZ kip I I EI � I ra w.anrr- W w a. �w G O • mlIIaD r I �< I I L � r --LL V `� p eg�i 3'�• I r�+ w � r�ve iw � L.� - NEW LOWER LEVEL PLAN sco ue, w•.r4r r -s yr ]r -r n's IV 6 I ----J O /ep II 8 I I ao�orN roe LI5 w � � ` ce•ia Btl61N0 \ ❑ i4 11r1 va as RSM cen w �aarangg II I� � �! eewa oawa acwa II! eeieem wurraw nae ru .nor mor eee s•tfw nerl ♦ ! I I � ` I � ' - ..^.'•'e. .. .. �__. __ _M '._ .. WDR T -N Ill q'IG NW1110 w LL x'01'0 -- R r e s ---- PCZ kip I I EI � I ra w.anrr- W w a. �w G O 1 ae+�e01r. I � 1mc1e1 artle>.r NOW r I �< I I L � r --LL V `� p eg�i 3'�• I r�+ w o na Pffir. �10I N9��OAR rlY�wtlmtl[ '-"per, lil RR!{OWt X.WeRAme 3. LNN➢ FRPM SHE mlcx•r ❑ _ ti-C_�../ _ em1 lalwm lRGClCIR 70 rlucu mer. 3 em°'M6nnW-W& yews IY-N 21',f Vr r-2' W -A 3w NEW MAIN LEVEL PLAN ews. V4'.P-IV REIGE EU DEC 14 2016 MY OF ORONO MAftVN 11L1MATr UNDW G00% AN -086 wunEp oTirmusEl MM - ALL WHXM t DOORW.OD X6T6. TO BE WT AT 6'-6' AT MAN1 LEvrL LN.FM WW OTWOWIM MOM FOOTAGE lb6RN MIX 7d1 �Ed11GT11IY1 y]1 TmdL nLMt/1 - mr seal rl.'wa1 - aw iE'r�we.WeaE - seN or -Oro Dalen.", I aew ueu ncR91la NJt 7 EXISTIWs LOWER LEVEL PLAN 9 SCAZ vr.ro COPTRW W.mww,wa I EXISTING: MAIN LEVEL PLAN e05f.t, V4•.P-' RECEIVED DEC 14 2016 J�' 3 8 8 7 cinr of oRONo i 0 401 HASP LA&H STFLW wAYZATA. MN 55391 m r r u W n I" I 126 W a 13 Q r 3 3OF4 can CraR9 ro reerr 1■ mmm MOM ON ©ON g FRONT ELEVATION CC"MWr 7916. A AXWM DO" GIMP, RNC, FOU -CATION PLAN .er.e• w•.r.r 1 S W.• Irx aye• rr 2--W- F --w rta6ie Sox rr-1• r-- --- r -w r -i• - y can CraR9 ro reerr 1■ mmm MOM ON ©ON g FRONT ELEVATION CC"MWr 7916. A AXWM DO" GIMP, RNC, FOU -CATION PLAN .er.e• w•.r.r 1 S W.• Irx aye• rr 2--W- F --w rta6ie Sox r-- --- - y s�I r I � 4 f JpL — — — — can CraR9 ro reerr 1■ mmm MOM ON ©ON g FRONT ELEVATION CC"MWr 7916. A AXWM DO" GIMP, RNC, FOU -CATION PLAN .er.e• w•.r.r 1 S W.• Irx aye• rr 2--W- F --w rta6ie Sox I~LOOR PLAN SC." va•.r•r 4 REAR ELEVATION Scan bw.r-w LEFT ELEVATION 4 RECEIVED Sous. va•.I'-W DEC 14 2016 CITY OF ORONO RIG+4T ELEVATION eCALe. w••r-0• X3887 1 �i 401 GASP LAKE YMET WAY7ATA,mN 5539E Ph— 953.173.8777 FAX 952173.8333 Low R6. OOG r — II y� L y L---- I~LOOR PLAN SC." va•.r•r 4 REAR ELEVATION Scan bw.r-w LEFT ELEVATION 4 RECEIVED Sous. va•.I'-W DEC 14 2016 CITY OF ORONO RIG+4T ELEVATION eCALe. w••r-0• X3887 1 �i 401 GASP LAKE YMET WAY7ATA,mN 5539E Ph— 953.173.8777 FAX 952173.8333 Low PC Exhibit D City of Orono #17-3887 �o Hardcover Calculation Worksheet Property Address: Prepared b G p Y= 99ArAl$!" � /: �f 1 V 6 T� d �� . a#��fN- Date: A Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: ClSTING HARt]C VE In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover Status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key Surrey Hardcover Item (Describe) Length x Width Total (Square Feet (Example) (Garage) (24'x 720 S.F. A0&4 ig:c-sr k,, 7 S.F. B S.F. C S.F. D t27912— S.F. E C0r+1Ct TE S.F. F a 1L pct. S.F. G , S.F. H PK S.F. I Alc J S.F. J•-• x" 7 " j4& i S.F. K co eA-,- e� S.F. L Zo j A,10ge, EGL S.F. M S.F. N NS.F. S.F. P S.F. Q S.F. R S.F. S S.F. T TS.F. Ll S.F. Ll S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Exist Hardcover ?,go S.F. Excludable Hardcover See City Code Sec 78-1 M: S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover o S.F. S Net Existing Hardcover Subtract line 2 from line M1 0 o S.F. 4 Total Lot Area 4. tZ5 S.F. Proposed Hardcover Percentage E (3) T (4)1 7-37, dZ % RECE 1'Eu SuWNtion Application - January 2016 DEC 14 2016 (Proposed Hardcover next page) This is an inhwnm on packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the 01ty Code. the Code provisions will prevail. CITY OF ORONO page 18 City of Orono t�on� Hardcover Calculation Worksheet Property Address: 2.9..rNotp ql uaf6 K Prepared by: Ra,Vl3 Fife AIJ'ar` 1 4f r4F3'4 �i✓C. Date: Stormwater Quality Overlay District Tier. (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Seep 2: OPOS DCOVE In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form)_ include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Keyto Serve Hardcover Item (Describe) Length x Width Total (Squa Feet Exam (Garage) 24' x 30' n S.F. A ArXt "Ala X1 +CL 2 S.F_ S r► Cf! �! � sf S.F. C D Y S .F. E S.F. — As. AO A? 91 S.F. F*Metr!!�w S.F. GAfV IPOV S.F. H S.F. I S.F. K S.F- S.F. M S.F. N Nr ArA S.F. gze S.F. S.F. P +CO S.F.- a I if, s E S.F. R R SF. S Jr S.F. T S.F. U S.F. V S.F. w S. x S.F. Y S.F. Z S.F. 1 Total PMOOMW tanicover Yp S.F. mdud Hardcover Bae C 78 Code Sac I S.l=, S.F. [2) S.F. S.F. S.F. Total Exdudable Heilftwer &F S.F. 3 Not Hardcover ubbW One 2 from Ane 1 4 Total Lot Area S.F. Proposal Mwdcover Pwwntags [(3)+(4)) - dernre►y 2016 DEC 14 2016 CITY OF ORONO This a an MftmaWn pedmt M9ff rt V Hwdcow Every etforthas been meds to ens" the acmwy of dre Arllorrnaticn CM1dwwd h&Wn. howaww if any &Wb m ifibn is not comdahmt YAM praviwm of do moi► Coins, ft code p ovftbm win pr a AW 19 PC Exhibit E #17-3887 RUN DATE: 12/13/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 17 17-117-23 310003 38 17-117-23 310042 RESTAURANTS NO LIMIT INC GEOFFREY & STEPHANIE MARTHA 3731 SUNSET DR 2092 SHADYWOOD RD SPRING PARK MN 55384 ORONO MN 55391 RESTAURANTS NO LIMIT INC GEOFFREY MARTHA 3746 SUNSET DR STEPHANIE MARTHA SPRING PARK MN 55384 2118 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 310011 38 17-117-23 310044 J P KIEFFER & B E KIEFFER JEFFREY R WELDON 2024 SHADYWOOD RD 2117 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 JOHN PAUL KIEFFER JEFFREY R WELDON BENJAMIN EDWARD KIEFFER 2117 SHADYWOOD RD 2024 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 310012 38 17-117-23 310047 STEVE E /NANCY C STRONG MICHAEL NOVAK 2032 SHADYWOOD RD 3640 TOGO RD ORONO MN 55391 ORONO MN 55391 STEVE E & NANCY C STRONG MICHAEL NOVAK 2032 SHADYWOOD RD 3640 TOGO RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 310013 38 17-117-23 310048 DAVID CHARLES ZOSCHKE TRUST J E WELLS & K M WELLS 2040 SHADYWOOD RD 3600 TOGO RD ORONO MN 55391 ORONO MN 55391 DAVID CHARLES ZOSCHKE JAMES E & KAREN M WELLS JUDY KAY ZOSCHKE 3600 TOGO RD 2040 SHADYWOOD RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 310016 38 17-117-23 310052 JOAN L CARLSON K H SCHAEFER & T G SCHAEFER 2080 SHADY -WOOD RD 2060 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 JOAN L CARLSON KATHRYN H SCHAEFER 2080 SHADYWOOD RD TIMOTHY G SCHAEFER WAYZATA MN 55391 2060 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 310026 38 17-117-23 42 0016 CITY OF ORONO G S MARTHA & S D MARTHA 38 ADDRESS UNASSIGNED 2118 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 CITY OF ORONO GEOFFREY & STEPHANIE MARTHA P O BOX 66 2118 SHADYWOOD RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 31 0030 38 17-117-23 42 0017 JOHN R CONKLIN STEPHEN T SIME/SUSAN E SIME 3660 TOGO RD 2106 SHADYWOOD RD ORONO MN 55391 ORONO MN 55391 ADAM K LEHR STEPHEN & SUSAN SIME 3645 NORTH SHORE DR 17447 CHERRY DR ORONO MN 55391 EDEN PRAIRIE MN 55346 38 17-117-23 310031 38 17-117-23 42 0020 CITY OF ORONO J P REILY & P S CRAFT 38 ADDRESS UNASSIGNED 2130 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 CITY OF ORONO JACK REILY & PAMELA CRAFT P O BOX 66 2130 SHADYWOOD RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 17-117-23 310032 MICHAEL P & LORI J ZAPPA 3670 TOGO RD ORONO MN 55391 MICHAEL P & LORI J ZAPPA 19622 CO RD 35 ELK RIVER MN 55330 PAGE:i PC Exhibit F #17-3887 38 17-117.23 310041 THE MEGAN JOY TAMTE REV TRST 2100 SHADYWOOD RD RECEIVED ORONO MN 55391 MICHAEL & MEGAN TAMTE DEC4520 LAGUNA DR Fir!! EDINA MN 55435 RD # 3887 CITY of ORONO Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED DEC i 4 zuib 3887 CRY OF ORONO PC Exhibit G Hennepin County Locate & Notify Map #17-3887 Provided By: Resident and Real Estate Services [ Date: 12113/2016 17-117-23-24 i % n I, .7. 11 7 t: _ 3 1 R71 I25'J A''1 1291 L R'o a '1 X11 Rn (50) 17-117-23-31 05) IN Buffer Size. 350 feet Map Comments: 1711723310042 GEOFFREY & STEPHANIE MARTHA 2092 Shadywood Road Orono, MN 55391 17-117-23-13 1 17-117-23-42 k� Ise 17-t 1 3.42 r ?LI) 17-117-23-42 1�1 0 60 120 240 ft II 11 I I I I I RECEIVED For more information contact: Hennepin County GIS Office 300 6th Street South DEC 14 Z016 Minneapolis, MN 55487 gis.info en�in, s CITY OF ORONO 87 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. 3. #17-3887 REVISION, LLC, ON BEHALF OF GEOFFREY AND STEPHANIE MARTHA, 2092 SHADYWOOD ROAD, VARIANCES, 6:40 P.M. — 6:58 P.M. John Daly, Revision, LLC, and Stephanie Martha, Applicant, were present. Curtis noted revised calculations and a survey have been placed before the Planning Commission this evening regarding this application. Those revisions were submitted earlier today. Curtis stated the property currently contains a small house and garage. The applicant is requesting a side setback variance and a Tier 1 hardcover variance in order to construct improvements to make the existing house and garage more functional. The applicants initially requested a hardcover variance to permit 25.7 percent hardcover. Currently the site has 25.6 percent hardcover. The allowable hardcover in this district is 25 percent. After reviewing Staff's recommendations, the applicant revised their plans with a reduced hardcover of 25.5 percent. The service door landing was omitted, the driveway was narrowed down, and a proposed patio was eliminated. The applicants are also requesting a side setback variance. The applicant proposes to connect an existing detached garage that will be situated 1.3 feet from the south side lot line to the home with an addition. This connection would result in the detached garage becoming part of the principal structure. The existing home is currently conforming with respect to setbacks, but the connection would make the principal structure nonconforming as the house would no longer meet the required 10 -foot side setback. The structural coverage level is proposed to increase by over 1,000 square feet, and although conforming to the massing limitations, it results in the need for a variance to increase hardcover over the existing nonconforming level, 470 square feet in excess of the permitted level. Initially Staff had concerns about the resulting hardcover increase, but with the revised plan, Staff does not have any concerns. With respect to the setback variance for the principal structure connection, the location of the existing structures may support the variance. The applicant should be asked to describe in detail the intended project. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Staff would support the variance for the connection since there will not be a substantial change for the adjacent property owner. Staff did receive one phone call from another neighbor asking for clarification on the address but he did not express any concerns with the proposed project. The Planning Commission had no questions for Staff. John Daly, Revision, LLC, stated he would be available to answer any questions the Planning Commission may have. Schoenzeit asked whether the existing garage has frost footings so it can be attached. Daly indicated they do not know that at this point. The existing structure has a driveway and sidewalks that wrap all the way around it. The current setback from the property on one side of the structure is 1.3 feet and they are not able to increase that at this point. Daly stated there are footings there so it is not a slab on grade but that they will not know if there are frost footings until they dig down. Daly stated at this point the garage appears to be in good condition. Curtis stated the Building Code would require footings four feet deep. Lemke asked whether the City Engineer has reviewed the footings._ Curtis stated the City Engineer did not review that but that he has taken a preliminary look at the grading plan and did not note any concerns. Lemke asked how the garage was constructed in the first place with that setback. Curtis indicated the garage has been there quite a while and that Staff at this point would consider it a legal nonconforming structure. Daly stated the house was originally constructed sometime in the 1930s. Daly stated their goal is to maintain the characteristics of the home and keep it as an older style cottage on the lake. Landgraver asked if there is any way to reduce the hardcover to 25 percent. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Daly indicated that would take some work and that he will need to know the actual square footage that equates to that percent. Daly noted they are reducing the current hardcover. (Commissioner Jan Berg recused herself from voting on this application) Acting Chair Lemke opened the public hearing at 6:48 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 6:48 p.m. Schoenzeit stated the applicants could probably eliminate the additional square feet of hardcover by building the attached garage and sliding the building over slightly. Schoenzeit noted on a clean sheet design, the City would never allow this, and the only reason why a hardcover variance is being considered is because it is existing. Schoenzeit asked if the Planning Commission can make a recommendation that if the existing garage ends up being torn down that the applicants will have to build a structure more in compliance. Lemke stated his understanding is the applicants can rebuild in kind. Curtis indicated that is correct. Curtis stated the better direction might be to not approve the setback variance and direct the applicant to revise their plans in some way. Schoenzeit stated his recommendation is based on the fact that the variance is required due to the existing garage, and if the existing garage goes away, the applicants should be required to comply with the 25 percent. Lemke asked if Commissioner Schoenzeit is recommending that they approve the side setback variance if it exists as it is, and if not, they would need to come back. Schoenzeit noted Staff indicated they do not feel that would be helpful. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Curtis stated Staff would prefer the Planning Commission speak directly to the request. Curtis stated if the Planning Commission feels the practical difficulty is sufficient enough to approve the addition, they should recommend the approval. If not, they should recommend denial or request the applicant modify their plan to improve upon the setback. Daly stated if a different addition goes on the south side of the house, the current house is still close to the setback line. Curtis noted the house is 17 feet from the property line. Daly stated it would not make sense for that room to be there then if they have to move it. Daly stated their goal is to maintain what is there today and that they are requesting permission to attach the addition to the primary structure. Daly indicated the space is currently a walkway or a sidewalk and that they are requesting permission to connect those two areas together. Schoenzeit stated if they find out that the garage does not have frost footings, they will have to tear it down if they want to connect it to the house. Schoenzeit stated if they end up tearing it down, his recommendation is that they not put the new structure exactly where the old structure was but instead make it more compliant with the setback. Schoenzeit stated the only reason why the Planning Commission is considering the variance is because the garage is where it is. Daly stated even if it were torn down, as a detached structure they are allowed to rebuild it in kind. Daly stated their intentions are to try to keep the garage since it has some historical elements. Schoenzeit stated the code would probably allow them to tear down the garage, rebuild it in place with frost footings, and then get a variance to connect it to the house since they would have a practical difficulty. Schoenzeit commented this would short circuit it and basically say it is there. Landgraver stated that is the end game that is allowable and doable. Landgraver stated he is more concerned about the hardcover since they are so close to being in compliance. Landgraver stated when there are complete do -overs, it is hard to grant an exception, but that this is not a complete do -over. Landgraver indicated he is okay with the side setback variance for the reasons already articulated. Schoenzeit stated from the neighbor's point of view, their view will not change. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Lemke stated he would like to see the hardcover reduced to 25 percent. Schoenzeit noted approximately 100 square feet would need to be removed. Lemke asked whether the applicants would be willing to look at reducing the hardcover. Daly stated they did look at it once from when they submitted the application and that they can take a look at it again. Daly indicated the property owners would like a two -car garage and having a turnaround due to safety concerns for backing up onto Shadywood Road. The property consists of 4.4 acres and the lot is currently less than what is required from a structural coverage standpoint. Daly noted they are reducing the hardcover from what currently exists today. Lemke asked if the Planning Commission should table that portion of the request. Curtis stated if the direction from the Planning Commission is no hardcover variance, they can deny the hardcover variance and the applicants can continue to the City Council if they are able to find those reductions and request only the side setback variance. Curtis stated the Planning Commission could ask to see it again but that she is not sure what the value of seeing 100 square feet taken off the plan would be. Schoenzeit moved, Landgraver seconded, to recommend approval of Application No. 17-3887, Revision, LLC, on behalf of Geoffrey and Stephanie Martha, 2092 Shadywood Road, granting of a side setback variance, and to recommend that the hardcover be reduced to 25 percent prior to the application proceeding to the City Council. VOTE: Ayes 3, Nays 0, Berg recused herself. Date Application Received: 12/14/16 Date Application Considered as Complete: 12/29/16 60 -Day Review Period Expires: 2/27/17 REQUEST FOR COUNCIL ACTION Date: February 13, 2017 Item No.: 13 Department Approval: Administrator Approval: Agenda Section: Name: Michael P. Gaffron Y"_4 Planning Dept. Title: Senior Planner Item Description: #17-3888 Bruce Quam of D.J. Kranz Co. o/b/o Good Shepherd Lutheran Church, 3745 Shoreline Dr. - Conditional Use Permit - Resolution Zoning District: LR -1C, One Family Lakeshore Residential District (0.5 acres/ 100' width) Property Area/Width: 4.81 acres/328' defined width Application Summary: The applicant is requesting conditional use permit (CUP) approval for expansion of the existing church building in order to construct an 18'x24' two-story addition for storage, office and kitchen facilities. Planning Commission Recommendation: The Planning Commission reviewed this application and held a public hearing at its January 17 meeting, and voted 4-0 to recommend approval of the CUP as proposed, subject to applicant confirming with the Minnehaha Creek Watershed District (MCWD) whether any permits or stormwater management improvements are required, and subject to provision of an as -built survey of the entire property being submitted upon completion of the project. The applicants are aware of the fire suppression sprinkler requirements affecting this project and are working with the building official to determine the appropriate method for compliance. Staff Recommendation: Staff recommends approval per the Planning Commission recommendation. A Resolution for approval is attached for Council consideration and adoption. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached resolution entitled A Resolution Granting a Conditional Use Permit pursuant to Municipal Zoning Code Section 78-348(5) - File No. 17-3888. List of Exhibits A — Resolution for Adoption B — Notice of PC Action 1/19/17 C — Draft PC Minutes of 1/17/17 D — Planning Commission Memo and Exhibits dated 1/17/17 Council CITY OF ORONO Exhibit A RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-348(5) FILE NO. 17-3888 WHEREAS, Uood Shepherd Lutheran Church (hereinafter "the Owner"), represented by Bruce Quam of D. J. Kranz Company (hereinafter the "Applicant"), is the owner of the property located at 3745 Shoreline Drive within the City of Orono (hereinafter the "City") and legally described as follows: EXHIBIT A, attached (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-348(5) for expansion of the existing church building in order to construct an 18'x24' two-story addition for storage, office and kitchen facilities. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #17-3888. 2. The property is located in the LR -1C, One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 3. The addition requires a Conditional Use Permit, since the church and associated daycare use operate as allowed conditional uses in the LR -1C Single Family Residential District. 4. The Planning Commission reviewed this application at a public hearing held on January 17, 2017 and recommended approval of the conditional use permit based on the following findings: a. The property is 4.81 acres in area and has frontage along Shoreline Drive as well as on Casco Point Road. Page 1 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b. The proposed addition requires no variances, as all setbacks, hardcover, and other zoning requirements will be met. c. The proposed addition and associated interior remodeling, along with the proposed landscaping plan that removes an existing detached storage shed, are positive improvements to the property and its use as a place of worship and daycare center. d. The property is served by municipal sewer and water. e. The location of the addition is anticipated to have no impacts on neighboring properties, and the size of the addition is very minor as compared to the size and orientation of the existing building. f. The slight increase in hardcover from 24.53% to 24.83% leaves the site well below the 35% hardcover limit. It is anticipated that the hardcover increase will not require additional stormwater management facilities unless required by the Minnehaha Creek Watershed District (MCWD). g. The architecture of the new addition will be compatible in architectural styling with the existing building. 5. The City Council makes the following additional findings and determines that the site plan proposal (findings shown in italics): a. Is compatible with surrounding land uses; The extension of the building and the proposed kitchen expansion will have no impact on surrounding land uses. b. Preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains, and shoreland areas; Expansion of the building results in a minimal increase in hardcover at a level within required limits, and will be located approximately 150 feet from the wetland in the southerly portion of the site, far exceeding the 35' required wetland setback, hence there are no anticipated impacts to natural site conditions. c. Creates harmonious relationship of buildings and open space with natural site features and with existing and future buildings having a visual relationship of the development; As an architecturally compatible extension of the existing building, no negative visual impacts are anticipated. The addition also allows for removal of an existing storage shed located south of the building. d. Achieves a safe and efficient vehicular and pedestrian circulation system; Expansion of the building will have no negative impacts on vehicular circulation. Pedestrian circulation will be improved by providing an additional exit doorway on the west side of the existing building. Page 2 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL WD) e. Places no excessive demands on services and infrastructure, including local streets; The addition and remodeling of kitchen and restroom facilities will not increase demands on services and infrastructure. f. Conforms to the city's plans for parks, streets, and walkways; The proposed addition and interior remodeling has no impact on and conforms to the City's plans for parks, streets and walkways. g. Conforms to the Orono Community Management Plan; The continued uses as a place of worship and daycare center are allowed conditional uses and are in conformity with the Orono Community Management Plan. h. Incorporates sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development; The proposed landscaping including a grass lawn area and low retaining wall, as well as the 50' plus separation from adjacent lot lines, and the visually compatible facade treatments, are expected to enhance the image of the development. i. Protects abutting properties and does not create detrimental disturbances to surrounding properties; The addition and remodeling is located and designed in a manner that should have no negative impacts to adjacent properties. J. Conforms to all requirements of this chapter unless a variance has been granted. No variances are required. 1c Incorporates efforts to conserve energy whenever practical. The addition and remodeling are intended to bring the kitchen facilities to modern code standards. 6. On the basis of the application and the evidence submitted, the City Council finds that the proposed use at the proposed location is or will be (findings shown in italics): a. Consistent with the community management plan; The continued uses as a place of worship and daycare center are allowed conditional uses and are in conformity with the Orono Community Management Plan. b. 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 addition and remodeling meets the minimum setback and other zoning requirements for the continuing use as a place of worship and daycare center. c. Adequately served by police, fire, roads, and stormwater management; The proposed addition and remodeling does not require increases in services or infrastructure. Page 3 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. d. Provided with an adequate water supply and sewage disposal system; The property is connected to municipal sewer and water services and does not require changes to those systems. e. Not expected to generate excessive demand for public services at public cost; No increases in demand for public services are anticipated as a result of the proposed addition and remodeling project. f. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the fixture; The proposed use is merely a continuation of the existing use of the site as it has been used is the past, and no issues of compatibility are anticipated. g. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The continued use as proposed is consistent with the surrounding area, and no changes in the CMP are planned. h. 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 proposed expansion will be architecturally consistent with the existing church building and is anticipated to have no impacts on the character of the buildings and improvements in the surrounding area. i. 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; No impacts to neighboringproperties are expected as a result of the expansion and remodeling of the kitchen and restroom areas. j. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The proposed landscaping including a grass lawn area and low retaining wall, as well as the SD' plus separation from adjacent lot lines, and the visually compatible facade treatments, are expected to enhance the image of the development. k Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The addition and improvements to kitchen and restroom facilities are expected to have no nuisance impacts on neighboring properties. 1. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The addition and remodeling project is not expected to increase traffic in the area nor require additional parking on the site. Page 4of7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. m. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; Expansion of the building results in a minimal increase in hardcover at a level within required limits, and will be located approximately 150 feet from the wetland in the southerly portion of the site, far exceeding the 35' required wetland setback..hence there are no anticipated impacts to natural site conditions. n. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; The proposed plans indicate downcast lighting to avoid any negative glare impacts to neighboring properties. and o. Not detrimental to the public health, public safety, or general welfare. There are no anticipated negative impacts to the public health, safety or welfare. 7. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed CUP on the health, safety and welfare of the community. 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 78-348(5) for expansion of the existing church building in order to construct an 18'x24' two-story addition for storage, office and kitchen facilities, subject to the following conditions: 1. Council approval is based on the site plan and building plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan or building plan which are not in conformity with City codes or this Resolution will require further Planning Commission and City Council review. 2. The lower -level storage area (for lawn maintenance and snow removal equipment) which includes a 6' wide garage door that opens to the proposed lawn may be served by a hard - surfaced pathway to the parking lot should the applicant so desire, as long as such sidewalk does not result in an overage of hardcover on the property. 3. An as -built survey of the entire site, not just the area of the proposed improvements, shall be provided to the City by the applicant upon project completion. Page 5 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 0163 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the CUP will expire on that date (February 13, 2018). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 13th day of February, 2017. ATTEST: Anna Carlson, City Clerk Property Owner(s) Dennis Walsh, Mayor Page 6 of 7 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. This instrument was acknowledged before me this ! day of , 2017 by (name) (tide/position) Church on behalf of the Church. Notary Public Page 7 of 7 of Good Shepherd Lutheran Resolution Exhibit A LEGAL DESCRIPTION Lot 5, Block 7, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota CMC- f 1/ Avk-" 24" OAK 'ACV' FLOOR 1.6" OAK 26�K ' ew- TW_ (947.3) WOOD ENCE� Wak (937.5) •...,a rte••~• :•'''a,� r �..+. •ate • r a ' Resolution Exhibit B -b 'I (947.3) 12" ELM ���� y6OAK (947.4) 1,44, � AK I d � t� BITUMINOUS PARKING LOT FLOOR \ LEVEL= (937.5) 'J I (936.9) I 41 m OPOSE6Z\ gnu 1 A D 12" ASH BLACKTOP -12" ASHPARKING LOT \ � ' 941 ` FED 04O `p .p, LO 6' 22'4 GAAll „ ? -'\ 1x34.9} (946.2 �&\BASSWOOD'� � \ 1 _ ` \ \ \ � t-lf X16" MAPLE "` (934.9) `9J 14"AAS�H\ \ J` iB \ \ J 46 UAL WALL (H)r\ \ \\ (9 PP''��ACE C5 RDEkJ PE (E) zsg A�iCHITEC ' S LAN, 1 w�x1lS COVE ED�w 1 I BOJ I (944.3) 20" "AjSS1YOOtiD, 1 I 10" ELM f "O -AK to A ��16" OAK 1 . 22 24" X24' OAK I� y , til 19 Resolution Exhibit B ■ - - - Mot -a=1 ORRMF-TRITL o m Um .... ■f.....■ 20r~Z �m Resolution Exhibit B ■ - - - Mot -a=1 ORRMF-TRITL o m Um .... ■f.....■ 20r~Z NOTICE OF PLANNING COMMISSION ACTION Council Exhibit B CITY OF ORONO 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 952.249.4620 TO: Bruce Quam D.J. Kranz Co. Inc. 725 Highway 169 North Plymouth, MN 55441 ZONING FILE: 17-3888 DATE OF NOTICE: January 19, 2017 COPIES: Pastor Loren Davis Good Shepherd Lutheran Church 3745 Shoreline Drive Wayzata, MN 55391 BQuam@dikranz.com pastorloren@goodshepherdmn.org TYPE OF REQUEST: Conditional Use Permit for Church Addition DATE OF MEETING: January 17, 2017 The Orono Planning Commission voted on a motion to approve the Conditional Use Permit request request as presented, subject to staff recommendations. VOTE: 4 FOR 0 AGAINST Applicant's next meeting is scheduled as: Monday, February 13, 2017 This is a City Council meeting. The meeting begins at 7:00 PM If you desire certified copies of the official Planning Commission minutes, they are available from the City Clerk after review and approval by the Planning Commission. If you have questions, please contact Mike Gaffron at mgaffronC@ci.orono.mn.us or 952.24.9.4622. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 Council 6:30 o'clock p.m. Exhibit C side setback variance, and to recommend a cover be reduced to 25 percent prior to the application proceeding to th Council. VOTE: Ayes 3, a Berg recused herself. 4. #17-3888 DJ KRANZ COMPANY, INC., ON BEHALF OF GOOD SHEPHERD LUTHERAN CHURCH, 3745 SHORELINE DRIVE, CONDITIONAL USE PERMIT, 6:58 P.M. — 7:09 P.M. Bruce Quam, DJ Kranz Company, Inc., was present. Gaf -ron stated the applicant is requesting a conditional use permit for expansion of the existing church building in order to construct an 18' x 24' two-story addition for storage, office and kitchen facilities. The addition requires a conditional use permit since the church operates as a conditional use. The proposed addition requires no variances as all setbacks, hardcover, and other zoning requirements will be met. The building plans submitted depict the proposed interior layout and exterior finishes. Under consideration by the building official is whether the addition will trigger a requirement for fire suppression sprinkling of the entire building. Staff finds that the proposed addition and associated interior remodeling, along with the proposed landscaping plan that removes an existing detached storage shed, are positive improvements to the property and its use as a place of worship and daycare center. Gaffron displayed the survey of the site and noted a 2 -foot retaining wall is being proposed as part of the landscape plan. Gaffron noted the location of the addition should have no impacts on neighboring properties and the size of the proposed addition is very minor when compared to the size and orientation of the existing building. The slight increase in hardcover will still leave the property well below the 35 percent hardcover limit. While it is anticipated that the improvements will not require increased stormwater ponding, the applicants are advised to contact the Minnehaha Creek Watershed District to determine whether any permits are required. Page 9 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Staff would note that the lower level storage area includes a 6 -foot wide garage door that opens to the proposed lawn. The applicants may wish to consider whether a hard -surfaced pathway to the parking lot might be appropriate in this area. Staff recommends approval of a conditional use permit for the addition and remodeling project as proposed, subject to the applicant confirming with the MCWD whether any permits or stormwater management improvements are required, and subject to submittal of an as -built survey of the entire property being submitted upon completion of the project. Gaffron noted the current survey does not contain all of the necessary information for the entire property and that an as -built survey of the entire site will be required upon project completion. The Planning Commission had no questions for Staff. Pastor Loren Davis, Good Shepherd Lutheran Church, stated he has been a pastor at Good Shepherd for approximately 24 years and that one of the things on their to-do list that was created a number of years ago was to remodel the kitchen. Davis noted the church has previously remodeled the sanctuary and replaced the east wall, and that they felt this was the next project on the list. Davis noted the kitchen was originally constructed in 1959 on the south end of the building, the part of the building with the gable roof was constructed in 1959, the flat roof portion was constructed in 1971, and the front wall was replaced in 2003 and made more energy efficient. Davis noted this would be an 18' x 24' addition on the south end, which is where the kitchen is located. Davis indicated they are not doing it to increase occupancy of the building but to upgrade the kitchen to current code and building standards. Davis indicated they will also be putting in a handicap family accessible bathroom on that end of the building. There currently are bathrooms in the lower unit and in the new upper part, but due to the brick walls, the bathrooms are limited and are not handicap accessible. The stairs will remain where they are but a safety door will be added that closes off the daycare portion. Davis noted the current wall extends all the way out to the dotted line and that the addition will allow for easier access. In addition, the pantry will be enlarged slightly and the kitchen will be moved to the south. Page 10 of 23 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Davis stated Shoreline (Early Childhood Development Center), a tenant in the building since 1970, shares the facility with Good Shepherd and that there is a need to have two separate refrigerator and freezer units as well as space for both groups to do food preparation. Davis stated by having some storage in the lower level, they would be able to eliminate a shed on the property and clean up some things that sit outside currently. Acting Chair Lemke opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 7:08 p.m. Schoenzeit commented the addition makes sense. Landgraver stated it is a good improvement. Landgraver moved, Schoenzeit seconded, to recommend approval of Application No. 17-3888, DJ Kranz Company, Inc., on behalf of Good Shepherd Lutheran Church, 3745 Shoreline Drive, granting of a conditional use permit for the construction of an 18' x 24' two-story addition, in accordance with Staff recommendations. VOTE: Ayes 4, Nays 0. 5. #17-3889, TIMOTHY AN JANE WHITE, 2170 PROSPECT,,YVENUE, VARIANCES, 7:09 P.M. — 7:14 P.M. Timothy White, Applicant, was present. Curtis stated the applicants' property located rospect venue, Briar Street and Crystal Avenue has street frontages on three sides, which re s a 50 -foot setba as it is situated between two streets and is also a corner lot. The applicants ar questing setback variances ' order to construct additions to the existing home on the north sid . In the area of the ho , the subject property has a width between 53 feet and feet. The home is 24 feet wide. The applic is have proposed an addition to the home on the north side, whi encroaches into both the side street and side setback areas of the property. A 50 -foot setback is required m Briar Street Page 11 of 23 Date Application Received: 12/14/16 Date Application Considered as Complete: 12/29/16 60 -Day Review Period Expires: 2/27/17 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Mike Gaffron, Senior Planner Date: January 17, 2017 Council chibit D Subject: #17-3888, D.J. Kranz Co. o/b/o Good Shepherd Luth. Church, 3745 Shoreline Dr. - Conditional Use Permit - Public Hearing Application Summary. The applicant is requesting a conditional use permit for expansion of the existing church building in order to construct an 18'x24' two-story addition for storage, office and kitchen facilities Staff Recommendation: Planning Department Staff recommends approval subject to a number of conditions. Background Please review the submitted Narrative, Exhibit A. Good Shepherd Lutheran Church has been a fixture in Navarre since 1959, and is proposing to upgrade its kitchen and restroom facilities, including an 18'x24' two-story addition at the southerly end of the building. The addition requires a Conditional Use Permit, since the church operates as a conditional use in the LR -1C Single Family Residential District. The proposed addition requires no variances, as all setbacks, hardcover, and other zoning requirements will be met. The building plans submitted depict the proposed interior layout and exterior finishes. Under consideration and needing a conclusion prior to issuance of a building permit is whether the addition will trigger a requirement for fire suppression sprinkling of the entire building — this is under review by the applicants and Building Official Roger Peitso. LOT ANALYSIS WORKSHEET Section 78-348 & 78-350 - Setbacks: Required: LR -1C DISTRICT / CHURCH CUP ; Proposed Addition Front: 30'/ 50' I 332' + Rear: 30'/ 50' 425' ± Side Street: 15'/ 50' NA Side: 10' / 50' 71'+ Wetland 35' or 10' + buffer 150,+ Lakeshore 75' NA Average Lakeshore NA FILE # 17-3888 January 17, 2017 Page 2of5 Section 78-350 - Lot Area/Width: LR -IC DISTRICT Lot Area Lot Width Required 21,780 s.f. (0.50 acres) 100' Actual 209,569 s.f. (4.81 acres) 328.3' (def) 247.2' (perp) Section 78-1403- Structural Coverage: (NOT APPLICABLE) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed lay District Overlay Overlay District zone Hardcover Hardcover Hardcover Tier 73,349 s.f. 51,611 s.f. ! 52,049 s.f. Tier 3 j 209,569 s.f. (35%) (24.63%) (24.83%) Applicable Regulation: Site Plan Review (Section 78-145) Before granting approval of the site plan review, the City Council shall determine that the proposal: 1) Is compatible with surrounding land uses; The extension of the building and the proposed kitchen expansion will have no impact on surrounding land uses. 2) Preserves existing unique and natural features of the site and minimizes impacts to wetlands, floodplains, and shoreland areas; Expansion of the building results in a minimal increase in hardcover at a level within required limits, and will be located approximately ISO feet from the wetland in the southerly portion of the site, far exceeding the 35' required wetland setback, hence there are no anticipated impacts to natural site conditions. 3) Creates harmonious relationship of buildings and open space with natural site features and with existing and future buildings having a visual relationship of the development; As an architecturally compatible extension of the existing building, no negative visual impacts are anticipated. The addition also allows for removal of an existing storage shed located south of the building. 4) Achieves a safe and efficient vehicular and pedestrian circulation system; Expansion of the building will have no negative impacts on vehicular circulation. Pedestrian circulation will be improved by providing an additional exit doorway on the west side of the existing building. 5) Places no excessive demands on services and infrastructure, including local streets; The addition and remodeling of kitchen and restroom facilities will not increase demands on services and infrastructure. 6) Conforms to the city's plans for parks, streets, and walkways; The proposed addition and interior remodeling has no impact on and conforms to the City's plans for parks, streets and walkways. 7) Conforms to the Orono Community Management Plan; The continued uses as a place of worship and daycare center are allowed conditional uses and are in conformitywith the Orono Community Management Plan. FILE # 17-3888 January 17, 2017 Page 3 of 5 8) Incorporates sufficient landscaping to reasonably screen undesirable features and to enhance the image of the development; The proposed landscaping including a grass lawn area and low retaining wall, as well as the 50' -plus separation from adjacent lot lines, and the visually compatible facade treatments, are expected to enhance the image of the development. 9) Protects abutting properties and does not create detrimental disturbances to surrounding properties; The addition and remodeling is located and designed in a manner that should have no negative impacts to adjacent properties. 10) Conforms to all requirements of this chapter unless a variance has been granted. No variances are required. 11) Incorporates efforts to conserve energy whenever practical. The addition and remodeling are intended to bring the kitchen facilities to modern code standards. 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 continued uses as a place of worship and daycare center are allowed conditional uses and are in conformity with the Orono Community Management Plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed addition and remodeling meets the minimum setback and other zoning requirements for the continuing use as a place of worship and daycare center. 3) Adequately served by police, fire, roads, and stormwater management; The proposed addition and remodeling does not require increases in services or infrastructure. 4) Provided with an adequate water supply and sewage disposal system; The property is connected to municipal sewer and water services and does not require changes to those systems. 5) Not expected to generate excessive demand for public services at public cost; No increases in demand for public services are anticipated as a result of the proposed addition and remodeling project. 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 use is merely a continuation of the existing use of the site as it has been used is the past, and no issues of compatibility are anticipated. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The continued use as proposed is consistent with the surrounding area, and no changes in the CMP are planned. 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 proposed expansion will be architecturally consistent with the existing church building and is anticipated to have no impacts on the character of the buildings and improvements in the surrounding area. FILE # 17-3888 January 17, 2017 Page 4 of 5 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; No impacts to neighboring properties are expected as a result of the expansion and remodeling of the kitchen and restroom areas. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The proposed landscaping including a grass lawn area and low retaining wall, as well as the 50' -plus separation from adjacent lot lines, and the visually compatible facade treatments, are expected to enhance the image of the development. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The addition and improvements to kitchen and restroom facilities are expected to have no nuisance impacts on neighboring properties. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The addition and remodeling project is not expected to increase traffic in the area nor require additional parking on the site. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; Expansion of the building results in a minimal increase in hardcover at a level within required limits, and will be located approximately 150 feet from the wetland in the southerly portion of the site, far exceeding the 35' required wetland setback, hence there are no anticipated impacts to natural site conditions. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; The proposed plans indicate downcast lighting to avoid any negative glare impacts to neighboring properties. and 15) Not detrimental to the public health, public safety, or general welfare. There are no anticipated negative impacts to the public health, safety or welfare. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Analysis of Conditional Use Permit & Site Plan Staff finds that the proposed addition and associated interior remodeling, along with the proposed landscaping plan that removes an existing detached storage shed, are positive improvements to the property and its use as a place of worship and daycare center. The location of the addition should have no impacts on neighboring properties, and the size of the addition is very minor as compared to the size and orientation of the existing building. The slight increase in hardcover leaves the site well below the 35% hardcover limit. While it is anticipated that the hardcover increase will not require additional stormwater management facilities, the applicants are advised to contact the Minnehaha Creek Watershed District (MCWD) to determine whether any permits are required. Staff would note that the lower -level storage area (for lawn maintenance and snow removal equipment) includes a 6' wide garage door that opens to the proposed lawn. Applicants may wish to consider whether a hard -surfaced pathway to the parking lot might be appropriate in this area. FILE # 17-3888 January 17, 2017 Page 5 of 5 An as -built survey of the entire site, not just the area of the proposed improvements, will be required upon project completion. Also, as noted above, applicants and building official are reviewing whether this addition and remodeling may require fire suppression sprinkling of the building. 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? 2. Does the Planning Commission find that the conditional use permit, if granted, will not result in any negative impacts to the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate any impacts created by the granting of the requested CUP? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of a conditional use permit for the addition and remodeling project as proposed, subject to applicant confirming with MCWD whether any permits or stormwater management improvements are required, and subject to provision of an as -built survey of the entire property being submitted upon completion of the project. List of Exhibits Exhibit A. Application & Project Narrative Exhibit B. Existing & Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Submitted Hardcover Calculations Exhibit E. Photos of Site Exhibit F. Property Owners List Exhibit G. Plat Map City of Orono Site Plan Application Street Address: Q /� 2750 Kelley Parkway L ` o Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 14 Application # /7— Date Received: I A — Staff Fee: Escrow # & $ Permit Fee Notes: =l /1 PC ExhibitA Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: 3745 Shoreline Drive APPLICANT 1 AGENT INFORMATION: Applicant/ Agent: D.J. Kranz Co., Inc. / Bruce Quam President Phone (Primary): 763-525-0100 Mailing Address: 725 Highway 169 North Plymouth, MN 55441 Email: b uam d"kranz.com City: ZIP: PROPERTY OWNER INFORMATION: ❑ check here if property owner is same as applicant Name: Good Shepherd Lutheran Church Phone (Primary): 952-471-8433 Mailing Address: 3745 Shoreline Drive City: Wayzata, MN ZIP: 55391 Email: pasto0oren@goodshepherdmn.org APPLICANT/AGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff' time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it Is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authoriz representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: Applicant/Agent Signature' Date: Property Owner Signature: �� Date: Property Owner Signature: Date: Site Plan Application — January 2016 Page 2 RECEIVED DEC 14 2016 3888 CITY OF ORONO City of Orono Conditional Use Permit Application / Street Address: 2750 Kelley Parkway ` yO Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # /7-37 Date Received: IA-) 4 - l Staff : Fee: Escrow # & $ Permit Fee Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. SITE LOCATION: 3745 Shoreline Drive APPLICANT 1 AGENT INFORMATION: Applicant Name: D.J. Kranz Co., Inc. / Bruce Quam, President Phone (Primary): 763-525-0100 Applicant Email: bquam@djkranz.com Address: 725 Highway 169 North City: Plymouth, MN ZIP_: 55441 Agent Name: Bruce Quam Agent's phone number 763-525-0100 Agent Email: bquam@djkranz.com Applicant is. Contractor Homeowner (Circle One) PROPERTY OWNER INFORMATION: ❑ check here if property owner is same as applicant Name: Good Shepherd Lutheran Church Phone (Primary): 952-471-8433 Mailing Address: 3745 Shoreline Drive Email: pastorloren@goodsh .org APPLICANVAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, rzata, MN ZIP: 55391 • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. 49 The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. s Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicantlowner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: / f fits Applicant/Agent Signature: Date: Property Owner Signature:. Date: / / Property Owner Signature:RELIED CUP Application - January 2016 Page 2 DEC 14 2016 CITY OF ORONO Narrative -Good Shepherd Kitchen Remodeling. December 14, 2016 TO: Orono Planning Commission City of Orono, Minnesota FROM: Good Shepherd Lutheran Church We are requesting permission from the Orono Planning Commission and the City of Orono to remodel our current kitchen at Good Shepherd Lutheran Church, 3745 Shoreline Drive, Orono, MN, and to add on an 18' by 24' addition to the kitchen to bring it up to current standards and codes. The original building at Good Shepherd, which includes the current kitchen, was built in 1959. We did the second phase of our building, our last addition, which included the sanctuary, common or lobby area, and church offices, in 1971. We did a major remodel of our initial structure in 2003, replacing an energy -inefficient curtain wall of windows on the original building and the roof on the original building, as well as adding more efficient fumaces/boilers to heat the structure. But the church kitchen has never been remodeled, and is in its original 1959 format. The current kitchen area will be remodeled on both levels. The lower level under the current kitchen will only be slightly altered. The exterior exit door and hallway to the Sunday School/childcare classrooms will remain the same. The women's restroom will remain the same, and the men's restroom will be remodeled to include a handicap accessible toilet. A hallway to a lower level workroom in the new addition will also be created. On the upper level of the current structure, the proposed building project includes a remodeling of the current storage or pantry area, and a replacing of part of the current kitchen area with a family, handicap accessible bathroom, as well as an opening up of part of the kitchen area to allow more fluid flow of food serving into the Fellowship Hall. So the proposed project includes an accessibility upgrade to a lower level toilet facility, and the addition of a new accessible toilet facility on the upper level adjacent to the Fellowship hall. The overall fixture count for toilet facilities will remain the same. The proposed new 18' by 24' kitchen addition will also be on the same two levels. The lower level will include a small storage area for our lawn maintenance and snow removal equipment and tools. This will eliminate the need for the current free-standing storage shed to the south of the existing building on our property. The lower level will also include a workroom for the Shoreline Childcare staff. Shoreline Childcare has shared our facility space with us since 1969, and they have never had and currently have no designated work space for their staff. Often during their daily prep times, the staff are sitting on the floor in the lower lobby working on computers to plan their class schedules or cutting out and laminating bulletin board projects. The new 18' by 24' addition on the upper level will update and expand the 1959 kitchen, allowing us to meet all current state, county, and city licensing and health codes. We are currently grandfathered in on many of these updated codes, and this new kitchen remodel and expansion will allow us to bring our kitchen up to date. The kitchen is used daily for food service by Shoreline Childcare, weekly on Wednesday evenings by our congregation for a pre-worship/confirmation meal for our youth and families, and as needed on Sunday mornings and at other times for Sunday church dinners, funeral meals, and special church events. This remodel and expansion will allow us to have an up-to-date kitchen which provides a safe, standard -meeting area for food preparation and serving. The floor plan modifications also address life -safety issues and improve building code compliance. The Fellowship Hall will have better access to the existing south stair and a new exterior door will provide a safety exit and access to the back yard. The raised floor (and step) inside the existing storage closet area will be removed. The hours of operation for construction will be from 6:30 a.m. to 5:00 p.m. Good Shepherd Lutheran Church has been an active part of the Navarre and Orono communities since 1954, and we are currently a strong, healthy congregation, with 300 people in worship each week and over 60 students in our Confirmation program. Shoreline Childcare has been a safe and affordable daycare space for children in our community since 1969, and they recently received a national childcare accreditation. We both look forward to using and enjoying a new, up-to-date, expanded kitchen space, and we believe that this new, improved space will benefit and enhance the ministry and mission of both of our organizations. Thank you so much for considering our request! Pastor Loren Davis Senior Pastor Good Shepherd Lutheran Church Mbit B CONC. WALT{ (J) (947.4) V11'� 0.2-. �3 6`1 26" OAK DN PARK 24" OAK 'Aw, 16" OAK 27V. (947.3) V 2?a d> K Bw=(945.)) Tw=((946.1 RET, F wOQD FENCE $9MEMORIA L WALL IGI (947.3) 1 M A , 16 OAK „..��LL (947.4) A!_ 14;�PK L95� BITUMINOUS PARKING LOT ,..� (C) FLOOR LEVEL= (937.5) `�Syl 1 (936.9) 1 �9.yy �l OPOSER,\ \ .nsn� r 12 ASH .� �O`�`�' -° 1r' Asir BLACKTOP ,\ W ibx PARKING LOT :,it's 941 a \ ��+� �o SH6F�D 1.0 W, IN t9 '4,f J �6+ ;�►C�` 1 0.� � 1 M �16�IMAPL\ \ � 13 (934.9} 14- 1$.1, �J \ 14" ASH \ ap50 ra ?�J 4.6. MEA"IAL\\ (H) ( ttACE G RDER�! PE (E)r 2e W l HITEC ED ZLAN, W , r � BOJ (944.3) �20" BASS!q,,'�,1, ,1 \ 20" MAPLE 101. M 26`'4 OAK OAK 22" OAK Ott 24" SOAK ' ! All)5SH 1 r9 �4a f (933.5) rg,,4J 1 C 1 1 EDGE OF --VN LOW GROUND %\ 4 1*" ASH \ t I S H O R E L I N E D R V E C 0. R 0 A D # 1 5 318.3 �* PARK;NG \ `+ LOT �,--h{EW ADBTION \ 4 " PFkE. ♦ ,� Gp��N °� � \ \ F _ • \ y} lo \-'JEI �L \ 4 Nb hhh O 20 40 ao: C1 SITE PLAN � 1' 40-0, N4RTFi DESIGN DATA PARCEL LOCATION TIER 3 ALLOWABLE HARDCOVER 35; SITE AREA 7?3,A?1 '33 +� 81 ACRES EXISTING BUILDING AREA I!U l0 NEW ADDITION 4.32 HARDCOVER IT, EXISTING BUlDING {`sL� PARKING AREA EAST SIDEWALKS WEST SIDEWALK OE: PATIO & STEPS P) PEACE GARDEN ? r ` EXIST SHED— TO BE REMOVED NEW ADDITION oI NEW STEPS NEW RETAINING WALL RECEIVED DEC 14 2016 CITY OF ORONO PC Exhibit C .ta ".� w U x U Z Lu n o � � z J � � 0 ¢ W � O d O Lu Fl w n O CJ o CJOw� N m= R wZ :c�� p- j N Q O d � � 2 U � LL C N d A001 S H O R E L I N E D R V C 0. R 0 A D #" 5 LANDSCAPE PLAN A002 T• = 40'-0• NORIFN r - X x U S U Z w W p 0 � z z J >Y z W ut CL o W x O U 9 4 �� S PH L i a Q O L z U M z LL � N 7 CA RECEIVED aooz DEC 14 2016 CITY OF ORONO \ PLANTING SCHEDULE \ '� VAW VIBURNUM, AiROWWOOD MRURNUM DENTATUM} lll� /2 POT \ VBD VEIURNUK DWARF EUROPEAN CRANBERRY BUSH (YOU_ M OPLLUS MW) 1 POT ORi RED TWIGGED CORNUB SERICEA HAR_EY) z \. ParrIlD, NOTE- PROVIDE GRA55 SEED AND MULCH AT ALL AREAS OF DISHIRBED SOIL- TYPICAL a f f I 0 20 40 as LANDSCAPE PLAN A002 T• = 40'-0• NORIFN r - X x U S U Z w W p 0 � z z J >Y z W ut CL o W x O U 9 4 �� S PH L i a Q O L z U M z LL � N 7 CA RECEIVED aooz DEC 14 2016 CITY OF ORONO I I I _ I I RoaR ELEMON -----------�1 ___j SOUTH BLDG ELEVATION azoi 1p•_ p_o• i EAST BLDG ELEVATION "m8 8B E�8 �8 BB F�yB7 8B i�B NEW �MOO flx .n` SAB 88 88 BB BFR 119 LIP (2� EAST BLDG ELEVATION RECEIVED DEC 14 2016 CITY OF ORONO U S U S S U Z Uj H i a 5 M — z J z cr i D LAS O X70 LU M x cn v O O U' pNp L�g N Q = 07 _3O3��3z C U7 m cn A201 I I IXLSTING WOMENS I 1 I I' +�1 - I i EXISTNG Lr..,\� kk MENS f I r 1 OF EKSTIMG DDLRY RM If� ELEC EXISTING FLOOR PLAN rx 101 1/4" = 1'-0" z KEY I w -G' L2' -D' 3'-4' 12'-B• I i Ir MENS ,I LTi- ! ACCESSIBLE EXISTING WALLS TO BE REMOVED EXISTING WALLS TO REMAIN NEW WALLS (2--) LOWER LEVEL FLOOR PLAN 1 1/4' = 1'-o" STDRAGE OFFJCE/ WORKRDDM 432 SF a I . 0 * * ffelTee, CITY OF ORONO r r i Ir MENS ,I LTi- ! ACCESSIBLE EXISTING WALLS TO BE REMOVED EXISTING WALLS TO REMAIN NEW WALLS (2--) LOWER LEVEL FLOOR PLAN 1 1/4' = 1'-o" STDRAGE OFFJCE/ WORKRDDM 432 SF a I . 0 * * ffelTee, CITY OF ORONO STORAGE EQUIPMENT NOTES iQ CONVECTION OVEN 0 6- BURNER CAS RANGE © SS HOOD- 7-V F- LONG (VERIFY) Q SS NAND SINK, LEVER HANDLED FAUCET Q S SINK AND MOWER. OVERHEAD SPRAY © DISHWASHER, BOOSTER HEATER Q SS TABLE QS Nffr LSED 8Q SS PREP S -NK WTiH DRAIIIBOABD ® S PREP TABLE © TWA DOOR REACH -IN FREEZER ® TWO DOOR REACH -!N REFRIGERATOR ® 18 INCH DEEP WIRE SHELWNG ® FLOOR LEVEL- MOP SINN ® S WALL MOJNTED SHELF ® SERVNG TABLE- w X 8 FF LONG) © CABINETS AND COUNTERTOP (DESK) KEY 1 UPPER LEVEL FLOOR PLAN EXISTING WALLS TO BE REMOVED 1 02 1/4" MEN� EXISTING WALLS TO RELWN NEW WALLS I EXIT DOOR FULL -MEW GLASS 1B' -O' mZ= � L�� m a`o Zia LL C m U) RECEIVED A102 DEC 14 2016 CITY OF ©RONO L ------------- mZ= � L�� m a`o Zia LL C m U) RECEIVED A102 DEC 14 2016 CITY OF ©RONO NEW DOM E16111r ROOFING NEW IJGHf FIX'IIRE SM�NGL. ROGFlNG SH{NGLES- `(DCWNCAST DE533N) TO LATCH IXLSTING 1 WEST BLDG ELEVATION i2G2 1/4.- V -C• =1460 RECEIVED DEC 14 2016 CITY OF ORONO L x U x U Z Ld x w w O o CC y o LU CL o LU co2 C O O C7 A202 i PC Exhibit 0 City of Orono Hardcover. Calculation Worksheet Property Address: Prepared by: Date: 2-27-16- Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 4 Tier 5 A In the follomni-Rblilld-eWfNy—E� -�-ems of existing hardcover on the proppdy, keyed by letter to CerrtficaLle of Survey (Survey must accompany this form). Use as many lines as necessary to accurately depict exos,ing he rdraver status of the property. For Tier I propertes, identify ary featu res by letter which are spVt at 0-te 75? setbacR i1ne and calculate hardcover square footage separately for each portion. X S.F.Y Z j -j I S.F. M Totef Existing Hardcover 91- S.F. P-uefudable Hardcover (Sm My Code Sac 78-1684): S.F. l`• Al", 26 S.F. J S.F. S.F. K S.F. S.F. 1 L S.F. P4 V-9 S.F. S.F, .1 N S.F. 4'' Total Lot Area &F. 0 Proposed Kardcoirer Pementage E (3) + (4)] 7- � 4-7 S.F. Q S.F. L-- S.F. I R S.F, S S.F. T $ F. - U S.F. I V S.F. X S.F.Y Z j -j I S.F. M Totef Existing Hardcover 91- S.F. P-uefudable Hardcover (Sm My Code Sac 78-1684): 26 S.F. S.F. S.F. S.F. S.F. 2) Total Excludable H&tccver V-9 S.F. �3' [-46t us� ng Hardcovar f8ubt-act fine (21, fTam fins (IL S1,C11 S.F. 4'' Total Lot Area .2 a 2- EaS.F. Proposed Kardcoirer Pementage E (3) + (4)] 7- � 4-7 % (Proposed Hardcover next page) SubdMslon Application - January 2016 This is an 1-Mmmatfan packet mgmeing Hardcover. Every eftt has been made to ensure the accuracy of the information contained herein; hcmemif 6ny in"affon is not consistent "h pmvislons of the City Cade, the Code proidabne wNprevad. Page 18 City of Orono *-VolHardcover Calculation Worksheet Property Address: ,371aS 1//a,< ®k / t/,C a ryr1,c F1 � Lam"`=�" e Cfa'``-, ry Prepared by: 6AVA149ff47'#AJrP0C 147 X/rt/C. Date: 12- Z.`�_ f ' Stormwater Quality Overlay District Tier: (Circle orae) Tier 7 Tier 2 Jer Tier 4 Tier 5 Stop 2: RQPQSED�altams In the following table, idof proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key Survte Hardcover Item (Describe) Length x Width Total g care Feet (Example) (Garage) `M x av 720 S.F. _ A d <f S.F. $ /' S.F. C 1f S.F. D #r twJ S.F. E e S.F. F G /L/Z. S.F. H ze S.F. I &V AZC S.F. J 11L.J1 L-&.� f. _.. ..��.�.._ S.F. K .. I gog S.F. S.F. M&MOZ CO S.F. H S.F. O -- S.F. P S.F. Q S.F. H S.F. S�__._._ .o T ._..,.,... � S.F. S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Proposed Hardcover S.F. Ezdudeble Hardcover Clty Code Sec 71§-'t8 - 6V 7- a S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover - S.F. (3) Net Proposed Hardoover ubbT4line 2 from line ON12srS.F. 4 Total Lot Area -zo S.F. Proposed Hardcover Percer fts [ (3) + (4) ] 2 l? -� 83 g, SubdVaidn Application - January 2016 This is an lnfcrmetion padW regsOng Hardcover. Every effort has been made to ensure the aocurecy of the lnkrrrradon contained herein; however, Many irr mmUba is not consistent with pmvfsfons of the City Corte, the Code prmfslons wr7! prevefl. Page 19 CNNECTExPLORE" �J gigs u 11 — • ; 7 - —HL a .. �'I. #. .Riau .RII''� 'i•"' r# 4. %w �.i _ b ' M�!r k- W, v map: Auto • 0510212015 (2015) - t image 1 of Q )� PC Exhibit E it F •,. pop - - ' Ft L � ' - i ^�; � �,y� + - � r •'t � F�'� t,�'i - +t �.-..yN'�{,��-. Cyt a.. a himWar err": ,d - 41& 1 iwiau,4r v✓ wo r wartiem•nnesm 38 17-117-23 33 0007 MARK E & BARBARA L BREWER 3800 SHORELINE DR WAYZATA MN 55391 38 17-117-23 340042 KELSEY M BUSCH 3655 LYRIC AVE WAYZATA MN 55391 38 17-117-23 34 0043 JANE V COX 3645 LYRIC AVE WAYZATA MN 55391 38 17-117-23 34 0044 GABRIEL J RODRIQUEZ 3635 LYRIC AVE WAYZATA MN 55391 38 17-117-23 34 0045 KATHLEEN L FINE 3625 LYRIC AVE WAYZATA MN 55391 38 17-117-23 34 0046 ANNA M TAPIO 3615 LYRIC AVE WAYZATA MN 55391 38 17-117-23 34 0083 LAKE MINNETONKA WOODS ASSOC C/O COMPASS MANAGEMENT GROUP 415 INDIAN MOUND ST E #101 WAYZATA MN 55391 38 17-117-23 34 0086 CITY OF ORONO 2750 KELLY PKWY ORONO MN 55356 38 20-117-23 12 0019 BRENDAN OLSZEWSKI DENISE OLSZEWSKI 3580 FREDERICK ST WAYZATA MN 55391 38 20-117-23 12 0020 JEREMY A STEWART MAGGIE L STEWART 2474 CASCO POINT RD WAYZATA MN 55391 1 ryy....-rvd Y"`.`Iw v1 rv19'nH i op uge ean4304 el >' zelldey 38 20-117-23 12 0025 JOHN T GORMAN 3585 FREDERICK ST WAYZATA MN 55391 38 20-117-23 210001 JOSEPH & MARGARET HENDERSON 2464 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 21 OD02 AMY MARIE STEELE GAYLORD 2001 LAKESIDE LANE MOUND MN 55364 38 20-117-23 210004 JERI A NEUMAN 2476 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 210005 PAUL W LARSON 2470 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 210006 PAULA ZACHMAN 2406 DUNWOODY AVE ORONO MN 55391 38 20-117-23 210007 JOSEPH & MARGARFT HENDERSON 2464 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 210008 JOSEPH & MARGARET HENDERSON 2464 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 210010 RONALD L VANACORA SUZANNE VANACORA 2500 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 210014 T CHALUPSKY & D Y CHALUPSKY 2530 CASCO POINT RD WAYZATA MN 55391 op sues v ®u9L5 ®AH3AV41AU40D el ZOSill waled a sellae# saWnh PC Exhibit F 38 20-117-23 210015 MARIE A SVANG 414011Th AVE S MINNEAPOLIS MN 55407 38 20.117-23 210016 DONALD WESTRUM II 2534 ALPINE DR WOODBURY WIN 55125 38 20-117-23 210017 RONALD D & HOLLY S ROCCA 2520 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 210019 CALVARY MEMORIAL CHURCH 2420 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 21 0019 TIMOTHY J OGLAND 2500 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 210020 LINDA K ONEELIROBERT O'NP.EI, 2520 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 21 D021 KELLE M BOWE 2815 CASCO POINT RD ORONO MN 55391 38 20-117-23 210022 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-2-3210023 ERIC HARL & A RAEE. HARL 2560 DUNWOODY AVE WAYZATA MN 55391 38 20-117-23 210024 CHARLES D PRICE 2813 COSCO POINT RD WAYZATA MN 55391 T 1 „ua6p3 dn-dad esodxe , waded pwq i ®49L5 aeidw�1 aAVi"096S 1D"SA%oaeup 6uole puns 1WwAmI slegin ®lead A ..a-.. --� r-�-- ---r••r-1 VN01 U:IA 4lAe aye Z"31 11 aP ww/ivane•nnnnnl► u e bun 4 QI �Ilda!! aP �a5 ; ® ®clad a Sall e; saan6 i 38 20-117-23 21 0025 GOOD SHEPHERD LUTH CHURCH 3745 SHORELINE DRIVE WAYZATA MN 55391 38 20-117-23 210028 CENTURY LINK ATTN PROPERTY TAX PO BOX 2599 OLATHE KS 66063 38 20-117-23 21 0029 STEVAN J & DFBRA J WAGNER 5440MORNINGVIEW CT MOUND MN 55364 38 20-117-23 21 0033 MERZ PROPERTIES LLC 2412 BLACK LAKE RD SPRING PARK MN 55384 38 20-117-23 21 0034 JAMES E BEST 2590 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 210036 IGOR YURCHENKO NATALYA CHERNEVSKAYA 2490 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 210037 STEPHEN 3 RUDOLPH. 2480 CASCO POINT RD WAYZATA MAI 55391 38 20-117-23 210038 ALLEN J & JUDY B SCHEFERS 2540 CASCO PT RD WAYZATA MN 55391 RECEIVED DEC 14Mp CITY OF ORONO 3 pt 88 T ,aafi 3 dn-dod modxo _ _ jaded P�j r r 009LS meldwai ®Bland. ku®,09fi5 V i ataull BUCIR Pune r ♦ sle9el ®188d ti --Q.' Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services PC Exhibit G Date: 12/13/2016 17-117-23-33 17-- 11 .23-34 ; N T Livi 7-117 23-43 - LLQ - 20- "7--_ 20 1 -23-21, - w --20"l .17_:2 13 e . • n` i' 1 l- n _: r - St. 20-117.:.23-22 Gq y„ Lo 20-11,7 11743-12 a m 20-117-23-23 m - �, m r 2.0-117-23-1.3 20-117-23-24 20-117-23-23 --2dn117-23-24 20-197-23-13 n - s T i - R Lf Buffer Size: 350 feet Map Comments: 3745 Shoreline Drive Orono MN 55391 20-117-23-21-0025 0 120 240 480 ft L I I I I I I I I RECEIVEDFor more information contact: Hennepin County GIS Office 300 6th Street South DEC 4 7Q1 Minneapolis, MN 55487 gis.info@hennepin.us ClW OF ORONO # 3888 Application Received: 12/14/16 Date Application Considered as Complete: 12/14/16 60 -Day Review Period Extension Expires: 04/13/17 REQUEST FOR COUNCIL ACTION Date: February 13, 2017 Item No. 14 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis YY1GG Y"j? Planning Title: Planner Item Description: #17-3889, Timothy and Jane White, 2170 Prospect Avenue, Variances — Resolution Application Summary: The applicants have requested variances in order to construct an addition to the home on the north side, which encroaches into both the side street and side setback areas of the property. A 50 foot setback is required from Briar Street, and a 30 foot setback is required from the east side lot line. The 21 foot wide addition is proposed to encroach as much as 32 feet into the side street setback and 12.1 feet into the side setback. Planning Commission Recommendation On January 17, 2017 the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 4 to 0 in favor of a motion to approve the variances. Planning Staff Recommendation Staff recommends approval. A draft approval resolution has been provided for Council's consideration. COUNCIL ACTION REQUESTED Council should consider adopting or amending the approval resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. PC Staff Report & Exhibits Exhibit C. Draft PC Minutes CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. 17-3889 WHEREAS, Timothy White and Jane White, a married couple (hereinafter the "Applicants"), are the owners of the property located at 2170 Prospect Avenue, and legally described as: That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 117, Range 23 West, Hennepin County, Minnesota, described as COMMENCING at a point 515.625 feet north of the south line and 208.00 feet east of the west line of the Northeast Quarter of the Southwest Quarter of said Section 10; thence East 72.0 feet; thence North 130.0 feet; thence East 50.0 feet; thence North 58.3 feet; thence West 122.0 feet; thence South 188.3 feet to the point of beginning; subject to street (hereinafter the "Property"); WHEREAS, on December 14, 2016, the Applicants made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-420 to allow an addition to the existing home 18 feet from the side street where a 50 -foot setback is required, and 17.9 feet from the side lot line where a 30 -foot setback is required; and WHEREAS, on January 17, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 17, 2017, the Planning Commission recommended approval of the variances; and WHEREAS, on February 13, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3889. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR -1 B Rural Residential Zoning District. 3. The Property contains 20,305 square feet (0.46 acre) in area and has a defined lot width of 45 feet. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Side street setback variance. b. Side setback variance. 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The Applicants propose to construct an addition to the existing residence on a residential property which is in line with the intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in an addition to a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit additions to the existing home within the 50 foot side street and 30 foot side setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the encroachments will not extend closer to the road, front lot line, or the east property line than the existing home. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The existing home and its orientation on the Property were not created by the Applicants; the existing home and neighboring homes are separated sufficiently to allow for light, air, and open space between the homes and the proposed addition. c. The variance, if granted, will not alter the essential character of the locality. " The scale or setbacks of the proposed addition to the home will not alter the character of the neighborhood. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a residence is an allowed use in the RR -1 B District. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The nonconforming lot area and lot width of the Property are not uncommon in the surrounding neighborhood. The Applicants are proposing an addition to existing home in order to improve functionality. The existing substandard setback to the side street and east lot line will not be increased with the proposed addition. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposed home with the addition will be generally in line with the neighboring homes with respect to size and setback. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants have indicated that this criterion is met. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The three street frontages, the substandard size and width of the Property combined with the 2 -acre district setbacks create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of an addition to the existing home 18 feet from the side street where a 50 -foot setback is required, and 17.9 feet from the side lot line where a 30 -foot setback is required, subject to the following conditions: 1. Council approval is based on the survey dated June 3, 2016 by Willis L. Gilliard and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. The existing shed on the east side lot line of the Property shall be removed prior to the framing inspection for the addition. 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 framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (February 13, 2018). 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 13th day of February, 2017. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Property Owner This instrument was acknowledged before me this day of 2017, by Timothy White, husband of Jane White. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 2017, by, Jane White, wife of Timothy White. Notary Public It O C) WC-.) w n w c o V •s. O vi ti 00 '? Wi O _ N O O a3 pp kn (D ... ani W ou 4i Jo 55 O Q b W Uo� zAc -Scy6 g z � 7�3 NA T3 `" m `" °� n e iz v " 0 4' r- 0 964 '" A00 NO, O Zr a0i o P" (iW �^ '� '� N W "too oo•"� M��EII xW aggaziC4 A_fl •4 tom` a3i3 as L7 bviN e i O �.. E•-� �o o c°c o on o ami Fj U o N a i., o m oW'°On C1,11 o a� "OU O z o h 3 o a� o b� p+-, Z U v" 5 m.� o W U U _ o rU3 aZi4. o.d C> pNod m aamim bo Ca ami o z o 0 0 0 � Ce p ti `� W W Cal d „ '" ate • - - - .2 o opC4 .o �(+U ov1w� � o � I�IYV W W W W WawE-+a W _ A 5i o 0 z509 KASdIUlf A h � h T M P. rn � J N O J O O V1co H 00'0£i CO ri . a N :f C4 d M m N b �y F N F-qq tiIN � d N J 0 _ CDLo ONi y M N � N O 163.32 N 06'9Z r m I 9'-6" -- 4X6 Treated (TYPI 3- 2X10 9'-6„ w Ln 0 C3 ' I op ti co 12" Dia Cone. F T 3-2X10 ti 2-2X10 -- ------------ -------------------_--___-- 1 BCF 1 "Y 1'-0" SAMUELSON Tim White Foundation Play CONSTRUCTION RECEIVED Project number Project Number Date 1 1 /2212 01 6 A-0 612.532.8400 DEC 2ftrch Addition Drawn by Author Checked by Checker Scale 1I4" = 1'-0" 11199/9(NA 11.55. S AM 21-01' 241-0" 221-01' 01 ie 5'-6" -1 Ile m 2- 3020 DH I i 2- 3020 DH in ! I I I I , � 1 I 2 ❑ I I PorchI��._._�------ N I A4 T I N I I I } T H I 0 I � I 4112 Vault N I T J.. 0 I I----------------------- I 7 Gp CO I CD I C4 T 3-0 X 6-8 Dr �r ! I 4 o w E E m L Q 0 e c T N �i 111 Fwiqtinn House n 1 Level ' 114" = 1'-0" T SAMUELSON RECEIV D Tim White Floor Plan 4388-91- CONSTRUCTION Project number Project Number DED 14 1 fi Date 11/22/2016 A-1 N�orch Addition s12.532.84o4c1TyOF0R Drawn by Author Checked by Checker Scale 114" =1'-0" 1159/7518 19.01.48 P1 2 1 I EEI _ -- -- I Level 2 0'f Level 1 .. 0 _ fill Grade =I 1tIfJ 11 1 MI1 I ;_ I I 1f� " lI I I lt�-6'-6' El I IE � 'BOF v �I� 1 North ,� 114=10 SON CONSTRUCTIOfV` �RRECEI ONST DEC -1 Z Ep Tim Porch NO White Addition North Elevation Project number Project Number A-2 Date 11/22/2016 612.532.8400` CITY OF OR Drawn by Author Checked by Checker Scale 114-"-=- 11 /77/701 R 11.59.OR AM 11122/7016 19.14.97 PM Level 2 101-011 nnnn. J Level I -p, _ Oil _Grade OgL -3'- 0" BOF 6'- 6" East 118" = T-0" - Level _ Level1 ' 0" Z1 Grad -31-0 BOF 2 West 1/891= 1 I_ 0,l Aft Aft 8 SAMUELSONTim CONSTRUCTIOf�ECEG White EC East West Eieiations Project number Project Number A-3 porch Addition Date 1112MO16 612.532.8400 Drawn by Author Checked by Checker scale 1/6'= 1'-0" 11122/7016 19.14.97 PM 2 � 1 A5 2 4" _Level 101-1„ 1'-0” E f Level1 4x6 Treated Post 3- 2X10 Treated Grade —3'-0"_ _ 1. 1i I. IiI, I 1 I�- :-�Il- I � '111. I Section 1 SAMUELSON RE CONSTRUCTION Elves White Section East Vs DEC 14 2016 Project number Project Number A-4 Date 11/22/2016 0FWAdd,t,o n 612.532.8400 CITY Drawn by Author Checked by Checker Scale 1/4" = T-0" 1109/90161 17.14.77 PM 1 Asphalt Shingles 15# Felt -112 OSB Sheath'g- Level 2 I 10 -- 0 Eng. Wood Truss vaulted Facsia & Soffit To Match Exist'g 2-2X10 Header 1 2X4 stud 16: O.C. 1/2" OSB Sheath'g House Wrap Siding To Match 2-2X10 Treated Rim Joist_ _ 2x10 Joist 16" O.C. Huricane Clip i 2-2X10 Treated 4X6 Treated Post — I Post Anchor 12" Conc. Ftg. 42" Min. I 2'-0" Level I1 n Grad r r ' Section 1 - Callout 1 U 318" = 1'-0" SAMUELSON REC IVERim White CONSTRUCTION DEC 14 Z016 612.532.8400 ' cjTyo�oPcwh Addition Typ. Wall 9 Project number Project Number Date 11122/2016 A-5 Drawn by Author Checked by Checker Scale 3/8" = T-0" 11/970016 17.14.97 PM Date Application Received: 12/14/16 Date Application Considered as Complete: 12/14/16 60 -Day Review Period Extension Expires: 04/13/17 To: ChairThiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner WOO Date: 17 January 2017 Subject: #17-3889, Timothy and Jane White, 2170 Prospect Avenue, Variances Public Hearing Application Summary: The applicants are requesting setback variances in order to construct additions to the existing home. Staff Recommendation: Planning Department Staff recommends approval. Background The applicants' property has streetfrontages on three sides, as it is situated between two streets and is also a corner lot. The street setback within the RR-113districtis 50 feet; the interior side setback is 30 feet. The property is 60 feet wide where the 21footwide addition is proposed. LOT ANALYSIS WORKSHEET Section 78-420 - Setbacks: RR -1B Required Existing Proposed Front (Prospect) 50' 44.2' No Change Rear/Street(Crystal) 50' 111' 96' Side Street (Briar) 50' 12.5 ` 18' - 21' (addition) East Side 30' 16.9' 17.9' (addition) Section 78-420 - Lot Area/Width: RR -113 Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 20,305 s.f. (0.46 acre) 45' Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 20,305 s.f. (0.46 acre) Allowed: 3,045 s.f. (15%) Existing: 1,596 s.f. (7.8%) Proposed: 2,016.6 s.f. (10%) FILE #17-3889 17 Jan 17 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 7,106 s.f. 2,114.8 s.f. 2,534.8 s.f. Tier3 20,305 s.f. (35 %) (10%) (12.5%) Applicable Regulations: Setback Variances (Section 78-4201 In the area of the home, the subject property has a width between 53feet and 61 feet; the home is 24 feetwide. The applicants have proposed an addition to the home on the north side, which encroaches into both the side street and side setback areas of the property. A 50 foot setback is required from BriarStreet, and a 30 foot setback is required from the east side lot line. The 21 -foot wide addition is proposed to encroach as much as 32 feet into the side street setback and 12.1 feet into the side setback. 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, lightand air, dangerof 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 underconsideration, and shall recommend approval only when it is demonstrated thatsuch 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 accesstodirect sunlight for solar energy systems. Variances shall be granted forearth-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 underthischapterforproperty inthe zone where the affected person's land is located. The board orcouncil may permit as a variance the temporary use of a one -family dwellingas a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicants propose to construct an addition to the existing residence on a residential property which is in line with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for an addition to a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted bythe official controls; The requestto permit additions to the existing home within the 50 foot side street and 30 foot side setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the encroachments will not extend closer to the road, front lot line, or the east property line than the existing home. FILE #17-3889 17 Jan 17 Page 3 of 4 b. There are circumstances unique to the property not created by the landowner; The existing home, and neighboring homes are separated sufficiently to allow for light, air, and open space between the homes and the proposed addition, and c. The variance will not alter the essential character of the locality. The scale or setbacks of the proposed addition to the home will not alter the character of the neighborhood. 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 difficultiesalso include but are notlimited to inadequate accessto 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 CityCode 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 Chapter78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residence is an allowed use in the RR -1B District. 7. The board or council may permit as a variance the temporary use of a one -fa milydwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applyingto the structure or land in question are peculiarto such property or i mmediatelyadjoi ning property. The nonconforming lot area and lotwidth of the Propertyare not uncommon in the surrounding neighborhood. The Applicant is proposingan addition to existing home in order to improve functionality. The existing substandard setback to the side street and east lot line will not be increased with the proposed addition. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed home with the addition will be generally in line with the neighboring homes with respect to size and setback. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants have indicated that this criterion is met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granti ng of such variance wi I I not merelyserve as a convenience to the appl icant, but is necessary to alleviate demonstrable difficulty. The three street frontages, the substandard size and width of the Property combined with the 2 -acre district setbacks create practical difficulties affecting the Property; the variances are necessaryand not merely serve as a convenience to the applicants. The Commission may recommend or Council may impose conditions in grantingofvariances. Any conditions imposed must be directly related to and must bear a rough proportional ity to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE #17-3889 17 Jan 17 Page 4 of 4 Septic System Status The subject property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties exist in the property's substandard area and width, as well asthe street frontage requiring 50 -foot setbacks on three sides. Applying the setbacks, there is no buildable area on this lot. The 21 -foot wide addition is proposed to expand the home's footprint to the north 15 feet and will encroach as much as 32 feet into the side street setback and 12.1 feet into the side setback. The encroachments do not appear to adversely impact the adjacent properties. Engineer Comments The City Engineer performedacursory reviewofthe proposed plan and didnot note anyconcems. A full review will be conducted at the time of the building permit. Public Comments To date, no public comments have been received. Issues for Consideration Does the PI anningCom missionfindthat 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? Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted HardcoverCalculations Exhibit F. Aerial Photos Exhibit G. 60 -Day Review Extension Exhibit H. Property Owners List Exhibit 1. Plat Map City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 Crystal Bay, MN 55323-0066 Application # / 7-3 9' Date Received: Staff Fee: Escrow # & $ Permit Fee Notes: PC Exhibit A #17-3889 Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION; 1 PSJ SiS�PC �AUf— USM -71a DESCRPTION OF REQUEST: APPLICANT 1 AGE Applicant Name: Phone (Primary): Applicant Email: Address: Applicant is: Contractor (attached additional sheets as necessary) PROPERTY OWNER INFORMATION: Name: Phone (Primary): Mailing Address: Email: e` -NN (Circle One) if property owner is same as applicant ZIP: ZIP: APPLICANTIAGENT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Owner andlor Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Applicant/Agent Signature: Date: Applicant/Agent Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: ED Variance Application — May 2016 Page 2 DEC 14201R 3889 CITY OF ORONO DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, 'Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. J First Middle Last Address City State Zip Phone I understand my rights as stated above. Sign RECEIVED DEC 14 201ft Variance Application — May 2016 #' 3889 Page 10 PC Exhibit B #17-3889 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form Is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical diffrculties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO 1 PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property ownerproposes to use the property in a�reasoRablegpnner not permitted by the Zoning Chapter.' 2. "The plight of the landoMel is oue to circumstanced unique to his property not created by the landowner.' 3. "The varianpe„if granted, Ivill not alter the essential character of the locality." 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under thg tgunus of the Zoning Chapfer." , 5.�"Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd, 2, when in harmon with this Chapter." fr- "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in zone where the affected person's land is located.' RECEIVED Variance Application - May 2016 3889 Page 4 DEC 14701 CITY OF ORONO 7 < "The Board or Council may per it as a variance the temporary use of a one -family dwelling as a two-family dwelling." 114 8 "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining propertlam" % t _ * ;) _ AA A _ .0 . L _ . _ 9. "The conditions do pot apply generally to other land or structures in the district in which said land is located." 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." _ _ <15 1 -0 %1 11-1 L'. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect bep9trary to tlti a intent Qf th%Zoning Code." 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demgnstrable dFiculty.'� Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the followin lines (attach additional sheets if necessary): bd' � �QeXA14 ' a UpVN 7 _ Vaincplic8tion — May 2016 Page 5 DEC 14 20" g CITY OF ORONO 951.53 951 Ed ar area urnm ] th athe I 950 CB I 1 A point 515.625' orth of the south line and 208 feet east of the w t line of the NE 1/4 of e SW 1/4 W 53.5 SITE PLAN for 55.23 q VRNT TF. TIM WHITE ,M.F, I hereby certify that this is a true and correct representation of a survey of the �953.2�_ 953.8 I.M.F. I.M.F, boundaries Of That part of the Northeast Quarter of the Southwest Quarter of Section 10, 953.1 M Township 117 North, Range 23 West, Hennepin County, Minnesota, described as N COMMENCING at a point 515.625 feet north of the south line and 208.00 feet in east of the west line of the Northeast Quarter of the Southwest Quarter of said Section 10; thence East 72.00 feet; thence North 130.00 feet; thence East 50.00 feet; thence North 58.30 feet; thence West 122.00 feet; thence south 188.30 feet to the point of beginning; subject to street. 50.00 And of the locations of all buildings thereon and all visible encroachments from or on said land. As surveyed by me this 3rd day of June, 2016. Willis L. Gilliard, R,L.S., Minn. Reg. No. 9587 I.W. 122.00 L -J -1 I I I I 952.8 Scale: 1" = 30.00 % • 24'} NOTE FROM JEREMY BARNHART: N Prospect is the gont yard, Briar St. and �~ 952.17 Crystal Ave, are earner side yards. The Z/ Shed 6" are aide r"'i connred ards, andotheect setback is 952.1 952.2 51.4 O `.J 3„ 3 f � Shed s � pyavel v o a tack, `~ w Well 4 w 16 N o 3 Proposed porch/>afi 95 2' 21.08 . ` 17.90 6" 952.5 11 Proposed % 952. addition s,ao to use 21r�10 Bit. wy. 11 9534 2 .5 953.? sty 953. 12.50 953, 44. 22 SITE PLAN for 55.23 q VRNT TF. TIM WHITE ,M.F, I hereby certify that this is a true and correct representation of a survey of the �953.2�_ 953.8 I.M.F. I.M.F, boundaries Of That part of the Northeast Quarter of the Southwest Quarter of Section 10, 953.1 M Township 117 North, Range 23 West, Hennepin County, Minnesota, described as N COMMENCING at a point 515.625 feet north of the south line and 208.00 feet in east of the west line of the Northeast Quarter of the Southwest Quarter of said Section 10; thence East 72.00 feet; thence North 130.00 feet; thence East 50.00 feet; thence North 58.30 feet; thence West 122.00 feet; thence south 188.30 feet to the point of beginning; subject to street. 50.00 And of the locations of all buildings thereon and all visible encroachments from or on said land. As surveyed by me this 3rd day of June, 2016. Willis L. Gilliard, R,L.S., Minn. Reg. No. 9587 e T.M.F. 954.78 47.00 a 954.45 PROSPECT I.M.F. AVENUE PROPOSED HARD COVER PROPERTY ZONED RR -IB ONE-FAMILYRUR,4L RESIDENCE - 2ACRES Gross area of lot = 20305.1 s.f.. Existing house = 669.2 s.f. Existing sheds (two) = 927.39 s.f. RECE VED Existing gravel vehicle tracks = 60.44 s.f. Existing bituminous driveway = 311,47 s1 DEC 14 201 Existing south steps and walk and north walk = 146.31 s.f. Proposed addition to house = 52.5 s.f. CITY OF C RONO Proposed covered porch/patio = 367.5 s.f TOTAL EXISTING AND PROPOSED HARD COVER = 2534.81 s.f. PROPOSED PERCENTAGE OF HARD COVER = 12.5% WILLIS L. GILLIARD Civil Engineer and Land Surveyor St. Michael, Minnesota 55376 612-382-0795 www.willisgilliard.com 1 8 8 9 0 15 30 L -J -1 I I I I Scale: 1" = 30.00 % NOTE FROM JEREMY BARNHART: O Prospect is the gont yard, Briar St. and Crystal Ave, are earner side yards. The Q setback is 50 feet, The interior lot lines are aide r"'i connred ards, andotheect setback is 30 feet, 16.88 �- Denotes Proposed drainage direction e T.M.F. 954.78 47.00 a 954.45 PROSPECT I.M.F. AVENUE PROPOSED HARD COVER PROPERTY ZONED RR -IB ONE-FAMILYRUR,4L RESIDENCE - 2ACRES Gross area of lot = 20305.1 s.f.. Existing house = 669.2 s.f. Existing sheds (two) = 927.39 s.f. RECE VED Existing gravel vehicle tracks = 60.44 s.f. Existing bituminous driveway = 311,47 s1 DEC 14 201 Existing south steps and walk and north walk = 146.31 s.f. Proposed addition to house = 52.5 s.f. CITY OF C RONO Proposed covered porch/patio = 367.5 s.f TOTAL EXISTING AND PROPOSED HARD COVER = 2534.81 s.f. PROPOSED PERCENTAGE OF HARD COVER = 12.5% WILLIS L. GILLIARD Civil Engineer and Land Surveyor St. Michael, Minnesota 55376 612-382-0795 www.willisgilliard.com 1 8 8 9 I 1 PC Exhibit D 9'-6" 9' - 6" #17-3889 — 4X6 Treated (TYPI 3- 2X10 w Ln 7 C3 ' I op ti co 12" Dia Cone. F T 3-2X10 1 BCF 1 "Y 1'-0" F, SAMUELSON Tim White Foundation Ra. CONSTRUCTION IN RECEIVED Project number Project Number Date 1 1/22=12016 A-0 612.532.Moo DEC 2ftrch Addition Drawn by Author Checked by Checker Scale 1/4" = 1'-0" 11199/9(NA 11.55. S AM 21-01' 241-0" 221-01' 5'-6" m 2- 3020 DH I 2- 3020 DH in ! I I I I � 1 I o I I Porch,,-- N _._ I ----- A4 c r I N I I I ! TtQ H I 0 I 7 I 4112 Vault N I T J.. 0 I I----------------------- I 7 Gp co I m I C' T 3-0 X 6-8 Dr �r I I 4 o w E E m L Q 0 e c T N �i 111 Fwiqtinn House n 1 Level 1 f4" = 1'-0" T SAMUELSON REC D Tim White Floor Plan ,� CONSTRUCTION Project number Project Number DED 14 1 fi Date 11/22/2016 A-1 INFO Addition s12.532.84o4c1TyOF0R Drawn by Author Checked by Checker Scale 114" =1'-0" 1159/7518 19.01.48 P1 2 1 I EEI _ -- -- I Level 2 16-01' Level 1 .. 0 _ fill Grade = 11t f-�I 1fInt —BOF v 1-61- P-1 1 North 114=10 nn SAMUELSONECE� CONSTRUCT101P DEC -1 Z Ep Tim NO White Addition North Elevation Project number Project Number A-2 Date 11/22/2016 612.532.8400`Porch CITY OF OR Drawn by Author Checked by Checker Scale 114" = V-0" 11 /77/701 R 11.59.OR AM 11122/7016 19.14.97 PM Level 2 10'-0" nnnn. J Level -0, -Oil _Grade OgL -3' - 0" BOF 6'- 6" East 1 1-011 1/811 - - Level 0" _ Level 1 ' 0" Z1 Grad -31-0 BOF 2 West 1/891= 1 I- 0,l Aft Aft 8 SAMUELSONTim CONSTRUCTIOf�ECEG White EC East West Eieiations Project number Project Number A-3 porch Addition Date 11/22/2016 612.532.8400 Drawn by Author Checked by Checker Scale 11122/7016 19.14.97 PM 2 � 1 A5 2 4" _Level 101-1„ 1'-0” � f Level1 4x6 Treated Post 3- 2X10 Treated Grade —3'-0"_ _ 1. 1i I. IiI, I 1 I�- :-�Il- I � '111. I Section 1 SAMUELSON RE CONSTRUCTION Elves White Section East Vs DEC 14 2016 Project number Project Number A-4 Date 11/22/2016 0FWAdd,t,o n 612.532.8400 CITY Drawn by Author Checked by Checker Scale 1/4" = T-0" 1109/90161 17.14.77 PM 1 Asphalt Shingles 15# Felt -112" OSB Sheath'g- Level 2 I 10 -- 0 Eng. Wood Truss vaulted Facsia & Soffit To Match Exist'g 2-2X10 Header 1 2X4 stud 16: O.C. 1/2" OSB Sheath'g House Wrap Siding To Match 2-2X10 Treated Rim Joist_ _ 2x10 Joist 16" O.C. Huricane Clip i 2-2X10 Treated 4X6 Treated Post — I Post Anchor 12" Conc. Ftg. 42" Min. I 2'-0" Level I1 n Grad r r ' Section 1 - Callout 1 U 318" = 1'-0" SAMUELSON REC IVERim White CONSTRUCTION DEC 14 Z016 612.532.8400 ' cjTyo�oPcwh Addition Typ. Wall 9 Project number Project Number Date 11122/2016 A-5 Drawn by Author Checked by Checker Scale 3/8" = T-0" 11/970016 17.14.97 PM City of Orono Hardcover Calculation Worksheet Property Address: T1( Prepared by: Mips Svr11e) Date: Stormwater Quality- Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 PC Exhibit E #17-3889 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each vortion. Key a Hardcover K m (Describe) Survey Length x Width Total S uare Feet S.F. � . S.F. � ,� C � v 3 o . 4f S.F. U SOY1 612 S.F. E t ' a+' Soo ka .50 S.F. F FS.F. S.F. H S.F. 1 S.F. J ,: S.F. K Mo posea 5 K la S.F. L t S.F. M S.F. N S.F. D S.F. P S.F. Q _ S.F. R S.F. S Ct — S.F. T - S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. z S.F. 1 Total Existing Hardcover S.F. tF able Hardcbnrer$ee:; Code S=16 x04 . - S.F. S.F. S.F. S.F. S.F. 2 Total 9x udable Hardoover S.F. 3 Net Existing Hardcover ubtract line 2 from line 1 S.F. 4 Total Lot Area S.F. Existing Hardcover Percentage [(3)+ (4} ] �� % PadretLost Updated: JarFX6FJ DEC I CITY OF ORONG (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the inkvmatfon contained herein, however, if any information is not consistent with provisions of the City Code, the Code provisfons viii prevail. Page 16 MM City of Orono Hardcover Cal I ' Property Address: Prepared by: L&)'k i (f! Worksheet 'A . C--�Q Date: Ala Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (surrey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separatefor each portion. Key to Hardcover Item (Describe) ey Length x Width Total Fee# 2p: '4 S.F. B Q 17 .3 S.F. C x a S.F. Un b b 5 S.F. E ;RX Sb S.F. F S.F. G S.F. W S.F. I S.F. J S.F. K S.F. M 1 S.F. S.F. N S.F. 0 S.F. F S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total ProDosed Hardcover S.F. ExcludehteN,ar�CAier S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover S.F. 3 Net: P d Hardcover[Subtract One 2 from line 1 . S.F. 4 -T4*al Lot Area Proposed Hardcover Percentage 1(3)+(4)) Os o . +� S.F. RECEIVED Packet last updated. January 2016 This is an information packet regarding Hardcover. Every effort has been made to q,Aggewe ih aracuracy of the information contained herein, however, if any information is frt� UEC 14 !_ ki apnsisfent with provisions of the city Code, the code pmvisons will prevall CITY OF ORONO Page 17 - - . 3' .:� .. � L�ti �, _ �y i � i � ` - - �� �i q- � �� � - �� � � - :�. 'r� _ ... - � $ _ 1._ f 4t _ .. ,` �� — i i s � ` , HII y � i�7 ''� �� 4-J At st 7 IS J oqivq 1� I NF -- - --.- Lr) CL Ln 0 L CL El F, ,s ramwow 4-J D V0 ) LL TAA # �t�,a ` TM �` 1T ��� .",Lys' ,, � • r � '4 i � -- _ e 4. t. YY{�• � NPLn -0,« * . let—' �V 11 a--{ L- 0 z aA LL 11 January 2017 Tim and Jane White Box 194 Excelsior, MN 55331 RE: #17-3889 CITY OF ORONO Street Address: Mailing Address: Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 1 Crystal Bay, MN 55323 www.cLorono.mn.us On December 14, 2016, the City of Orono received your application for variances for property at 2170 Prospect Avenue. Your application is considered to be complete with an initial 60 -day City review period expiration of February 12th. The scheduled City Council review on February 13th falls after this date. Therefore, the City hereby notifies you that it is extending the time period for City action under Minn. Stat. § 15.99, subd. 3(f). The review time period is extended until April 13, 2017. Sincerely, City of Orono wvt/zo Melanie Curtis Planner RLIN DATE: 12112/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 10-117.23 23 0004 38 10-117-23 310033 38 10-117-23 31 0049 S CLINTON JR & M C CLINTON STEVEN G RICHARDSON ET AL CRAIG S BLEEKER/AMY B BUTLER 38 ADDRESS UNASSIGNED 1271 ARBOR ST 1380 ARBOR ST ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 STANFORD CLINTON JR STEVEN & SARAH RICHARDSON CRAIG S BLEEKERIAMY B BUTLER MARY CHRISTINE CLINTON 1271 ARBOR ST 1380 ARBOR ST PO BOX 7420 WAYZATA MN 55391 WAYZATA MN 55391 JACKSON WY 83002 38 10-117-23 3100116 38 10-117-23 310034 38 10-117-23 310051 CASEY HUDSON & KYLA HUDSON C J ALBRECHT & J L ALBRECHT BARBARA J GARCIA 2150 PROSPECT AVE 1285 ARBOR ST 1335 ARBOR ST ORONO MN 55323 ORONO MN 55391 ORONO MN 55391 CASEY HUDSON & KYLA HUDSON C J & J L ALBRECHT BARBARA J GARCIA 2150 PROSPECT AVE 1285 ARBOR ST P O BOX 114 WAYZATA MN 55391 WAYZATA MN 5539: CRYSTAL BAY MN 55323 38 i 0-1 [ 7-23 31 0017 36 1 Q-[ I7-23 31 4035 38 10-117-23 310052 M MADDIE & M MADDIE TWELVE OAKS PROPERTIES LLC R F CRAIG & S F CRAIG 2160 PROSPECT AVE 1295 ARBOR ST 1355 ARBOR ST ORONO MN 55323 ORONO MN 55391 ORONO MN 55391 MICHAEL & MELISSA MADDIE TWELVE OAKS PROPERTIES LLC ROBERT F CRAIG 2150 PROSPECT AVE CHRISTOPHER R PERRY SAMANTHA F CRAIG CRYSTAL BAY MN 55323 1125 HUNTER DR 1355 ARBOR ST WAYZATA MN 55391 WAYZATA MN 55391 38 10.1,17-2331C0118 38 10-117-23 3' 0036 38 10-117-23 310053 JANE WHITE M & J BLUE J ZITZLOFF & B ZITZLOFF 2770 PROSPECT AVE 2160 CRYSTAL AVE 1380 BRIAR ST ORONO MN 55323 ORONO MN 55323 ORONO MN 55391 JANE & TIM WHITE MARCUS J & JUDY A BLUE JEFFREY ZITZLOFF 16820 CO RD 122 2160 CRYSTAL AVE BRENDAZTZLOFF MAYER MN 55360 WAYZATA MN 55391 1380 BRIAR ST W.�YZATA MN 55391 38 10-! 17-23 31 0019 38 i0-117-23 310037 38 10-117-23310054 D & K BECKER JASON JIMOS DAVID ALAN SUTHERLAND 2180 PROSPECT AVE 1290 BRIAR ST 1365 ARBOR ST ORONO MN 55323 ORONO MN 55391 ORONO MN 55391 DONALD & KATHERINE J BECKER JASON IIMOS DAVID ALAN SUTHERLAND 2' 80 PROSPECT AVE 1290 BRIAR ST 1365 ARBOR ST WAYZATA MN 5539: WAYZATA MN 55391 PO BOX 161 CRYSTAL BAY MN 55323 38 10-::7-23 310026 38 10-117-23 31 0038 38 10-117-23 31 0055 VIL OF ORONO JOHN C RANGE GERALD F SEILER 1285 BROWN RD S 1270 BRIAR ST 1385 ARBOR ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CST; Y OFF ORONO JOHN C RANGE GERALD F SEILER PO BOX 66 P O BOX 105 2562 WESTERN AVE N CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 ROSEVILLE MN 55113 38 10-117-23 31 0027 38 10.117-23 3: 0039 38 10-117-23 31 0056 VIL OF ORONO L PEARSON-CASHIN & S CASHIN LESLIE KENNEDY 1285 BROWN RD S 1250 BRIAR ST 2140 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO LAURIE A PEARSON-CASHIN LESLIE KENNEDY PO BOX 66 SEAN P CASHIN 2885 SANFORD AVE SW CRYSTAL BAY MN 55323 .250 BRIAR ST_ #34389 WAYZATA MN 55391 GRANDVILLE M: 49416 38 10-117-23 310028 38 10-177-23 310042 38 10-117-23 310057 DEAN T LUNDBLAD ET AL LINDA LAVERNE PRINTUP KAREN BARTELT 1290 ARBOR ST 126: BRIAR ST 1335 3RIAR ST ORONO MN 55391 ORONO MN 55323 ORONO MN 55391 DEAN T LUNDBLAD LINDA L PRINTUP KAREN BARTELT SHERRI STRELOW-LUNDBLAD PO BOX 104 1335 BRIAR ST 1290 ARBOR ST 1261 BRIAR ST WAYZATA MN 5539; WAYZATA MN 55391 CRYSTAL BAY MN 55323 38 10-117-23 310029 38 10-117-23 310043 38 10-117-23 310058 TIMOTHY HANSON PAUL A:.LONBY AARON H PRINTUP 1270 ARBOR ST 1291 BRIAR ST 295 PROSPECT AVE ORONO MN 5539; ORONO MN 55391 ORONO MN 55323 TIMOTHY HANSON PAUL ALLONBY AARON H PRINTUP 1270 ARBOR ST :291 BRIAR ST 2195 ?ROSPECT AVE WAYZATA MN 55391 WAYZATA MN 5539; P O BOX 104 CRYSTAL BAY MN 55323 38 10-117-23 310032 38 10-; 17-23 37 0044 38 IC -117-23310097 F & B PETERSON J A GERBER & P C REITAN VILLAGE OF ORONO 1261 ARBOR ST 1295 BRIAR ST 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 5539; ORONO MN 00000 F P PETERSON JOEL A GERBER VILLAGE OF ORONO P O BOX 164 P.O. BOX 74 P O BOX 66 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 PC Exhibit H #17-3889 RUN DATE: 12112/2016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 2 38 10-117-23 3! 0098 MSSP ORONO LLC 2180 NORTH SHORE DR ORONO MN 55391 MSSP ORONO LLC ATTN RARV GARG 855 VILLAGE CENTER DR 9382 ST PAUL MN 55127 38 10-117-23 310101 CIT Y OF ORONO 1335 BROWN RD S ORONO MN 5539; CITY OF ORONO BOX 66 CRYSTAL BAY MN 55323 38 10-117-23 31 0102 R J ROTH & T QUAST 1251 BRIAR ST ORONO MN 55391 ROBERTA JEAN ROTH PO BOX 159 CRYSTAL BAY MN 55323 38 10-117-23 310103 EMILY K FISCHER 2140 PROSPECT AVE ORONO MN 55323 EMILY K FISCHER 2140 PROSPECT AVE PO BOX 32 WAYZATA MN 55391 38 10-117-23 3. 0106 REGINA ENGEBRITSON 1250 ARBOR ST ORONO MN 55391 REGINA ENGEBRITSON 1250 ARBOR ST WAYZATA MN 55391 38 10-1!7-23320005 S CLINTON JR & M C CLINTON 2235 FRENCH CREEK CIR ORONO MN 55391 STANFORD CLINTON JR MARY CHRISTINE CLINTON PO BOX 7420 JACKSON WY 83002 38 10-117-23 32 0019 ART CENTER OF MINNESOTA 2240 NORT- SHORE DR ORONO MN 55391- MINNETONKA CTR FOR THE ARTS 2240 NORTH SHORE DRIVE WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to Produce and publish the most current properly information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy RECEIVED and/or completeness of the information contained herein. DEC 14 2016 CITY OF ORONO s • r PC Hennepin County Locate & Notify Map Exhibit I #17-3889 -23 (3) 10-117.3`32 I (5) M -23-32 (191 10-117-23-32 1 O-117-23-33 Buffer Size: 350 feet Map Comments: 1011723310018 JANE WHITE 2170 Prospect Avenue Orono, MN 55323 N) M3) LSI ry I 0 10-117-23-24 (fi9j l74) (1� I�1 10-117-23-31 I `4 PRO rv. ISI i�y,i 146 +1 -3 10-117-23-34 0 60 120 240 ft III I I I I I RGCENFED ail a�� 300 6th Street South DECDECMinneapolis, yI 1 MN 55487 gis.info@hennepin.us CIN of CROND fr*n lyl rv. ISI i�y,i 146 +1 -3 10-117-23-34 0 60 120 240 ft III I I I I I RGCENFED For more information contact: Hennepin County GIS Office 300 6th Street South DECDECMinneapolis, yI 1 MN 55487 gis.info@hennepin.us CIN of CROND 3889 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. 5. #17-3889 TIMOTHY AND JANE WHITE, 2170 PROSPECT AVENUE, VARIANCES, 7:09 P.M. — 7:14 P.M. Timothy White, Applicant, was present. Curtis stated the applicants' property located on Prospect Avenue, Briar Street and Crystal Avenue has street frontages on three sides, which requires a 50 -foot setback as it is situated between two streets and is also a corner lot. The applicants are requesting setback variances in order to construct additions to the existing home on the north side. In the area of the home, the subject property has a width between 53 feet and 61 feet. The home is 24 feet wide. The applicants have proposed an addition to the home on the north side, which encroaches into both the side street and side setback areas of the property. A 50 -foot setback is required from Briar Street and a 30 -foot setback is required from the east side lot line. The 21 -foot wide addition is proposed to encroach as much as 32 feet into the side street setback and 12.1 feet into the side street setback. A practical difficulty analysis has been provided in Staff's report. Staff finds practical difficulties exist in the property's substandard area and width, as well as the street frontage requiring 50 -foot setbacks on three sides. Applying the setbacks, there is no buildable area on this lot. The encroachments do not appear to adversely impact the adjacent properties. Planning Staff recommends approval of the variances. Curtis noted there is an existing shed behind where the addition will go and will be removed as part of this project. The Planning Commission had no questions for Staff. Timothy White, Applicant, stated they are attempting to gain a little more space in the back of the house and make the house more useful. White stated the current setbacks are to the point where they are very limited in what can be done. White asked whether there is a 50 -foot setback in both directions. Curtis stated it is 50 feet from Briar, 50 feet from Prospect, and 30 feet from Prospect. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. White stated they want to construct a small addition in the back, put a roof on the lean-to, and clean up the back part. Landgraver asked which shed will be removed. Curtis pointed out the location of the shed that will be removed, noting that it was not reflected on the survey, which is why it is being removed. Acting Chair Lemke opened the public hearing at 7:13 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 7:13 p.m. Schoenzeit commented the property is very limited given the street setbacks and that the addition is a positive improvement. Landgraver noted there is a house located further down Briar that also required some variances due to the setbacks. Curtis stated the lot consists of a third of an acre and that the zoning is for a 2 -acre lot. Landgraver stated the setbacks are a mitigating factor. Berg moved, Schoenzeit seconded, to recommend approval of Application No. 17-3889, Timothy and Jane White, 2170 Prospect Avenue, granting of street setback variances. VOTE: Ayes 4, Nays 0. Date Application Received: 12/14/16 Date Application Considered as Complete: 12/22/16 60 -Day Review Period Expires: 02/20/17 REQUEST FOR COUNCIL ACTION Date: February 13, 2017 Item No. 15 Department Approval: Administrator Approval: Agenda Section: Name: Melanie Curtis i'Y1GG Y"-4 Planning Title: Planner Item Description: #17-3890, Denali Custom Homes o/b/o Steve and Stacia Anderson, 517 Ferndale Rd N, ATF Variance — Resolution Application Summary: The applicant is requesting consideration of an after -the -fact variance to permit two entrance monument pillars constructed within the required 10 -foot setback from the road/pavement. The monuments are set back 3.5 and 4 feet from the pavement. Following the Planning Commission meeting staff researched the property file again as requested to look for evidence of any City inspections relating to the entrance monuments. No inspection records were discovered. Planning Commission Recommendation On January 17, 2017 the Planning Commission held a public hearing and reviewed the application including the evidence submitted. Following the public hearing the Commission voted 4 to 0 on a motion to deny the after -the -fact variances. Planning Staff Recommendation A draft approval resolution based on the Planning Commission's recommendation has been provided for Council's consideration. Since the applicant has failed to address many of the criteria necessary for granting the variance, if the Council finds the improvement appropriate, the Council should direct staff to amend the ordinance accordingly. COUNCIL ACTION REQUESTED Council should consider adopting or amending the denial resolution. List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Revised Practical Difficulties Form & Photos — by Applicant Exhibit C. PC Staff Report & Exhibits Exhibit D. Draft PC Minutes CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION DENYING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1405 FILE NO. 17-3890 WHEREAS, Steven L Anderson and Stacia J P Anderson, a married couple (hereinafter the "Applicants"), are the owners of the property located at 517 Ferndale Road North and legally described as: That part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 36, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point in the South line of said North Half of the Southeast Quarter of the Northeast Quarter, distant 211 feet East of the Southwest corner thereof; thence East along said South line 330 feet; thence at a right angle North 344.5 feet; thence at a right angle West to an intersection with a line running from a point in the South line of said North Half of the Southeast Quarter of the Northeast Quarter, distant 391 feet East of the Southwest corner thereof, to a point distant 675 feet South of the North line and 830.75 feet West of the East line of Government Lot 3 in said section, said last described line being hereinafter designated and referred to as "Line A"; thence Northerly along said "Line A" to a point 200 feet south of the North line of said North Half of the Southeast Quarter of the Northeast Quarter; thence West parallel with the North line of said North Half of the Southeast Quarter of the Northeast Quarter to an intersection with a line drawn northerly from the point of beginning and parallel with aforesaid "Line A": thence southerly along last said parallel line to the point of beginning, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on December 14, 2016, the Applicants have made application to the City of Orono for after -the -fact variances to Orono Municipal Zoning Code Section 78-1405 to allow two entrance monuments to be 3.5 feet and 4.0 feet from the paved, travelled roadway where a 10 foot setback is required, and WHEREAS, on January 17, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 17, 2017, the Planning Commission recommended denial of the variances; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. WHEREAS, on February 13, 2107, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, when considering applications for variances, the following criteria was taken into consideration: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3890. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR -1 B Single Family Rural Residential Zoning District. 3. The Property contains 129,994 square feet (2.98 acres) in area and has a defined lot width of 330 feet. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Front/Street Setback Variances 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. aANALYSIS: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The constructed entrance monument improvements are within the required 10 -foot separation from the road on the Property. While entrance monuments are appropriate in residential neighborhoods, the purpose of the setback is to preserve a clear zone off the roadway and to preserve visibility though the roadway and driveway intersections. The need for a clear zone allows for snow storage and on street parking when necessary. The two driveways, coupled with the entrance monuments at the street line, impede these goals. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." Residential entrance monuments at the required setback 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 entrance monument improvement itself is reasonable, given an appropriate location. The existing placement is unreasonable and does introduce unnecessary structures in close proximity to a street, inherently increasing risk to the traveling public. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The narrowness of the private road serving a total of 10 residences was not created by the Applicants. The entrance monuments were recently constructed and could have been constructed to meet the required setback. The placement of the monuments on the Property was created by the Applicants. Alternative to placing the structures within the drive circle, the structures could be placed on the outside of the drive, and back, meeting setback goals. c. The variance, if granted, will not alter the essential character of the locality. " There are entrance monuments similarly situated throughout the City. The character of the neighborhood is not driven by the placement of minor, accessory structures. The City received public comment stating that approval of the variance to permit the substandard setback will adversely impact the character of the neighborhood. 4. "Economic considerations alone do not constitute practical difficulties." The relocation of the entrance monument structures adds cost to the Applicants. Economic considerations may not be a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as residential entrance monuments are an allowed use in the RR -1 B 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." This criteria has not been satisfied. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Information supporting the uniqueness of the Property has not been submitted. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants have indicated that it is necessary, though the issue of "substantial property right" should not be applied to an ornamental feature. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The City engineer has indicated that from a safety standpoint it is ideal to have a minimum of a 5 -foot clear zone from edge of pavement (this site has 3.5 feet). There are other similar obstructions on the private road and that the low speed and traffic volume of the private road may not be impacted by the entrance monuments. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." It is feasible for the entrance monuments to be located to conform to the 10 foot setback. It would be more convenient for the applicant to not relocate the structures. CONCLUSIONS, ORDER AND CONDITIONS: WHEREAS the City Council has reviewed the application; the recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the Applicants. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variance as described above based on one or more of the findings of fact concerning the Property contained in this Resolution. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ADOPTED by the Orono City Council on this 1311 day of February, 2017. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HO'Itlf DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1 'The ❑roDerty owner proposes to use the property in a reasonable manner not penmitted by the Zoning Chapter." The owner wishes to keep two env ante monuments previously installed to denote their property driveway entrance. The monuments will light an otherwise unlit road when exiting property and protect pedestrians after dark. The monuments will also encourage trespassers to stay on the road and not enter the driveway or cause damage to the landscape on the property. 2. "The plight of the landowner is due to circumstances unique to his property not created by the landowner. Due to considerable wetland features on the 3 acre parcel the home had to be located very close to the front setbacks of the property. This leaves very little room for onsite parking. if monuments are moved to the 10 foot setback they will inhibit parking on site. No parking is ,possible on the private roadway which does not allow any room for 2 cars to pass. 3. The vanance, if granted, will not alter the essential character of the locality." Entrance Monuments are in keeping with the neighborhood and pictures of examples have been provided. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoninq Chavter." The monuments were built at an expense of over $10,000 dollars. To remove them will cost several thousand dollars and the amount to construct is unrecoverable as the monuments cannot be moved without demolition in their entirety. There is also no space to move the monuments to comply with the zoning. 5. "Practical difficulties include, but are not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.' Not applicable 6. "Tale Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. - Not Applicable variance Application — January 2017 Page 7 7. 'The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." Not Applicable 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.' Wetlands on the property forced the location of the home to the front setbacks of the property which does not allow the monuments to be placed at the 10 foot setback from the road. Neighboring properties enjoy full use of their property and substantial setbacks for the homes allowing off street parking from the road. 9. "The conditions do not apply generally to other land or structures in the district in which said land is located.' The other properties in the neighborhood comprise of large parcels of land that either have no wetlands or minimal that affect the enjoyment of the property and placement of the homes on the property. ft should also be noted that there are many trees, utility poles, fences, and large boulders that are within 3 feet of the road and closer to it than requested variance. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Monuments in the current location allow for off street parking for guest of the owners. This would be limited, if not impossible, if they were moved to the 10 foot setback. Off street parking is required since no on street parking is possible and the surrounding neighbors who live on the private road enjoy abundant off street parking. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort morals, or in any other respect be contrary to the intent of the Zonino Code.' Adam Edwards from the Orono public works department met with Melanie Curtis and the applicant at the site. Adam stated that he saw no risk to public safety in the current location. The road is not maintained by the city. Lights on the monuments enhance the safety of the dark unlit road for pedestrians walking bogs and using the road to access the local park lands. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.' Off street parking is a requirement on the primate road, the current location is needed to allow for it. Owners were experiencing daily trespass on the property until the install of the monuments. Removal will no longer discourage trespass and damage to the property by vehicles that grew accustomed to using the vacant land to pull off the road when meeting oncoming traffic. Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Additional information for consideration: Denali Custom Homes, Inc. was operating under an existing permit for the construction of the home located at 517 Ferndale at the time of construction of the monuments. The permit was applied for in late 2014. No landscaping had been designed and the survey did not show the entrance monuments. On September 28" of 2015, during completion of the home construction, an updated survey was ,provided to the city showing proposed landscape items such as a swimming pool, patios, and the entrance monuments. The monuments were also separately noted on the new hardcover calculation work sheet. A permit was granted for the construction of the pool based on the items noted on the updated survey for the construction project. No notation or mention was made that the monuments required additional permitting or that there was a setback requirement from the road which they were not shown to meet on the survey. The monuments were constructed and noted nonce again on the Final "As Built" survey which was turned into the city on 7-19-16. A notice was then received by the homeowners and Denali on 8-12-2016 that the entrance monuments did not meet the setback requirements from a road. Had the owners been alerted that their landscape plans did not meet the requirements when the updated survey was provided to the city, great expense could have been saved, alternatives investigated, or variances requested prior to construction. Denali believed the road to be a private drive since it does not meet the requirements of a road, it is not wide enough for 2 cars to pass, it is not lighted, it is not maintained by the city, and snow removal is contracted by the residents. It also has no name and addresses are based on Ferndale Rd North_ The owners and neighbors refer to it as a private drive and therefore it was not believed to be a road and be held by the standard of a roadway regarding -setbacks. The property line also lies in the center of the private drive/ road.. Variance Application - January 2447 P2oe g 5) -7 plom--re TZo,,t / S - X11' i N h V,. �C Ni ,�/Tj 64b 5a.� .- '* '�' v •. i,• 'L. � � "�` r - �I, '. -yt .. 4 t 'R �7I i i Sol Fj W ) A. { z Date Application Received: 12/14/16 Date Application Considered as Complete: 12/22/16 60 -Day Review Period Expires: 02/20/17 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner h'1GG Date: 17 January 2017 Subject: #17-3890, Denali Custom Homes o/b/o Steve and Stacia Anderson, 517 Ferndale Rd N, After -the- Fact Variance Public Hearing Application Summary: The applicant is requesting consideration of an after the fact variance to permit to as -constructed entrance monument pillars constructed within the setback. Staff Recommendation: Planning Department Staff recommends denial of the variance as requested. The applicant has not demonstrated practical difficulties supporting the variance. Background The applicant constructed a new residence on the property beginning in May of 2015; the project was completed and an as -built survey submitted in July of 2016. Upon staff review of the as -built it was noted that two entrance monuments had been constructed near the road which did not meet the required 10 foot setback from the edge of pavement according to City Code Section 78-1405 Nonencroachments. The entrance monument pillars are located 3.5 and 4 feet away from the traveled portion of the road. The entrance monument pillars were not included in the original building permit for the home. They were shown on the subsequent survey submitted for the swimming pool permit. A separate building permit is required for entrance monuments; construction drawings are required. Construction drawings for the entrance monuments were not submitted. The review of an accessory structure permit (i.e. swimming pool) does not typically include the review of the entire property survey to ensure everything shown beyond the scope of the permit is approvable. Section 78-1405 — Entrance Monument Setbacks: RR -1B Required Existing East Pillar: West Pillar: Front/Street 5' from lot lines; and 8.5 property line 8 property line Not less than 10' from road pavement 4' pavement 3.5' pavement East Side 5' ±200' West Side 5' ±95' FILE # 17-3890 17 Jan 17 Page 2 of 4 Applicable Regulations: Setback Variance (Section 78-1045) The subject property boundary extends into the private road. Entrance monuments are permitted to be closer to the street than other types of accessory structures. The Code requires a minimum of a 10 -foot separation from the paved, travelled roadway for the construction of entrance monuments. During the finishing of the landscaping for the new home, the applicant constructed entrance monuments within the required setback from the paved edge of the roadway. 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's constructed entrance monument improvements within the required 10 -foot separation from the road on the property. Entrance monuments are appropriate in residential neighborhoods. The purpose of the setback is to preserve a clear zone off the roadway and to preserve visibility though the roadway and driveway intersections. 2. The variance is consistent with the comprehensive plan. Residential entrance monuments at the required setback are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The improvement is reasonable, given the appropriate location. The placement does introduce unnecessary structures in close proximity to a street, inherently increasing risk to the traveling public. b. There are circumstances unique to the property not created by the landowner; The narrowness of the private road serving a total of 10 residences was not created by the applicant. The entrance monuments were recently constructed and could have been constructed to meet the required setback; and c. The variance will not alter the essential character of the locality. There are entrance monuments similarly situated throughout the City. The City received public comment stating that approval of the variance to permit the substandard setback will adversely impact the character of the neighborhood. FILE # 17-3890 17 Jan 17 Page 3 of 4 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. The relocation of the structures adds cost to the homeowner. Economic considerations may not be a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as residential entrance monuments are an allowed use in the RR -1B District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. This criteria has not been satisfied. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. Information supporting the uniqueness of the subject property has not been submitted. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has indicated that it is necessary. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The City engineer has indicated that from a safety standpoint it is ideal to have a minimum of a 5 -foot clear zone from edge of pavement (this site has 3.5 feet), but acknowledges there are other similar obstructions and that the low speed and traffic volume of the private road may not be impacted by the entrance monuments (See Exhibit F). 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. It is feasible for the entrance monuments to be located to conform to the 10 foot setback. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The newly installed septic system is located on the opposite side of the home and are not impacted by the entrance monuments and vice versa. 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. FILE # 17-3890 17 Jan 17 Page 4 of 4 Practical Difficulties Analysis Staff finds that there may indeed be practical difficulties supporting the location of the entrance monuments. However, entrance monuments are an amenity and not a necessity. There is adequate space between the driveway and the road for some type of entrance monument to have been constructed to meet the 10 foot setback. Engineer Comments See comments from Adam Edwards, City Engineer, attached as Exhibit F. Public Comments The received public comments are attached as Exhibit I. 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 Should the Planning Commission find practical difficulties exist to permit the entrance monuments to remain at 4 feet and 3.5 feet as constructed, additional findings in support should be provided. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. As -Built Survey Exhibit D. Building Permit Survey Exhibit E. Swimming Pool Permit Survey Exhibit F. City Engineer Comments Exhibit G. Aerial Photos Exhibit H. Site Photos Exhibit 1. Public Comments Exhibit J. Code Section Exhibit K. Property Owners List Exhibit L. Plat Map PC Exhibit A City of Orono #17-3890 Variance Application Street Address. Application # A r Orono, Parkway Date Received - 1 'y cJrono, MN9N 55356 Staff : Main: 952-249-4600 fax: 952-249-4616 Fee: Mailing Address: Escrow # & S P.C. Bax 66 Crystal Bay. MN 55323-0066 ,Permit Fee k� s t-� ��`'� Notes: Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: SI�4� I � " Liv DI�scRPTION of REQUEST:_ VA PJ 1CI Fir (attached additional sheets as necessary) APPLICANT / AGENT INFO Applicant Name: Phone (Primary). �r- Applicant Email: C) Address: Applicant is-Contrac oL.) TI Homeowner (Circle One) PROPERTY owNER INFORMATION: Name: Phone (Primary) Mailing Address:Et -� Email 15-17 APPLICANVAGENT AND/OR OWNER: Agree to provide all information required or requested by the Planning Department. Agree to pay additional fees (staff time not covered in the original fee payment) and or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his!her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. Acknowledge the Escrow Agreement is completed and signed ■ The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agerts Commission and Council Members far purposes of investigation and verification of this request. + Owner anchor Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. if an app icana and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicarVowner and advise the City Planner assigned to your project. r Applicant/Agent Signature: gate: / % �jf Applicant/Agent Signature: date: Property Owner Signature: Date: Property Owner Signature: Date: Variance Application — may 2018 Page 2 DATA PRIVACY ADVISORY In accordance with Minnesota. State Statute 13.04 Rights of Subjects of Data, 5ubd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3_ The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve. some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last ,Address City I understand my as stated State Zip Variance Application — May 2016 Page 10 71 r -/Z 21 Rhone PC Exhibit B #17-3890 PRACTICAL DIFFICULTIES DOCUMENTATION FORM This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW CSO i PROVE A PRACTICAL DIFFICULTY? This farm has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving, that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation. If you leave something out it will not be considered. Please address each of the twelve practical dffficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided. 1. -The property owner proposes to use theproperty in a reasonable manner not permitted by the Zoning Chapter." be-wisr1J - • f 4r YLJ r T and �.s ; SFr f r •�=i Q.� ver b,4-� Y ;-1 ti^ ! -- "w- xo.5; r�L 2- "The plight of the lanlowner is due to circumstances unique to his property not created by the landowner. Dom. , x r "d l �.i.. r� r r. �1-..[STP ZA_ w,, rc i !r - _ - - E , - r�,,t{, (( o, c 1J6t. "T fit 4 �'; T rL ",fir 3. "'The variant if granted, will not alter the essential character of the locality.` � , t . . _ �f Air^ : w r .t J- /I 1. 4. "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." !a �c111AG V ,� '���� � inadequate access to direct Sunlight for solar energy 5. Practical difficulties include, buff are not limited to, nadecl systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd- 2, when in harmony with this Chapter." 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." variance Application — May 2016 Page 4 7 E "The Board or Council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling.' "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." . I , _ h _ ! —) 1.,6_-1 . �.�_. �L; :_ mr, .,� . _ 4 1 "The conditions do not apply generally to other land or structures in the district in which said land is located," Ti+ . OAF i0r, vrY%. ' ` 1 J�G-T�Ail t 010 fG t ! Pt',,.',ri rr: D�,1�G 1 }►i i '`. I '_ F 14. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Y r � � ;4 IV K17r` , T1, fit/ L ; , r i$V'�!_ ih.9n.�- €r�h.'��[[�,c�"' r�ir E� l'1 ItiEs�-, 11, "The granting of the proposed variance will ndt in any way impair health, safety, comfort, morals, or in any other respect be contrary tosthe Intent of the Zoning Code.1_ . 1 _. . Zd __/. _ . /'_ :— ,,,A r41, -V+, & Are, At f^ii i L� ✓Ir✓e7LtJ �ff�G`� � r�� JS.� � i ft f C: �� �i � J % �R� r �r� � int �f �sltJ , 12. "The granting of such (variance will not merely serve as a convenience to the applicant, but is ne�essary to alleviate demonstrable difficulty."-- _ 1„ .L_ f. r 1 1 _1_ a, — rr._. _ 1 r'' _ A_-. .7- f P-,7 r rUtt Practical difficulties Statement y1;ltiaS►�`3�'�'y� C�G/-T�+rt' L, !� t Should you feel the practical difficulties cannot fully bAscribed in the above criteria, describe the pro tica` k``f' 5 difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional Ph) ' , sheets if necessary): Variance Application - May 201 6 Page 5 QGJ At, QA—) c c�►�vt 7 r f Variance Application - May 201 6 Page 5 rl (V =—L07 �W a:w"' �zL�cn oar z=rr wrw- i—o�7 W M 0 co w 00 ¢r �w wwoSC� zn22w OD ye J r1 �I 1--,Z �D E-� �r �D �D� z N �L CQ4°[l z 5 04'29'39" W 118..36 w N 00°01'10' E 344.50 Il .--------- f p7 ' S \� 4 �a �r 1 I �# �II \r Fad s§ s \a Il N 04'29'39" E 4A3 -.266,49 L o< x� � U �� mmo SIN 1 \ � f �'^ M .i•P�^ II: _ i���°Yc3a � r z M �14CV1 E M.jA °a,x o t\ �a �r 1 I �# �II \r Fad s§ s \a Il N 04'29'39" E 4A3 -.266,49 L o< x� � U �� mmo SIN LO LOU� &—_ �� Hx�rn U. V LNS (n=w� a W J_ �z z'. Z u)Z O d L) 0 PC Exhibit C #17-3890 1 � f �'^ M .i•P�^ II: _ i���°Yc3a � r z M �14CV1 E M.jA °a,x o °0am� s ... �n r b t3 v�y$ ;U f n «'sou s f: a o tr t �£u�Y�Yee4� Ods y2 4�VIN.0 a�y9 GGnc do p'°� acn 4d°ar Sgt u VU `so5'aL 4� 5 :o4v=fie 15 L a4, 9aao�: E qua N �y m L y¢ Y n34n '�C C b - O D �•'a a . oma d _5 o ri D6�O�� b 9 E9 lip F av5L0oG �_.. LO LOU� &—_ �� Hx�rn U. V LNS (n=w� a W J_ �z z'. Z u)Z O d L) 0 PC Exhibit C #17-3890 1 � f �'^ M .i•P�^ II: _ � r z M �14CV1 E s ... �n ;U f s f: a o tr t LO LOU� &—_ �� Hx�rn U. V LNS (n=w� a W J_ �z z'. Z u)Z O d L) 0 PC Exhibit C #17-3890 tp06.4i 8 f 3 O a ri a j In 1% w l [1 4v D u c c` o } k zD ° �\ L� Lel W =,r. v._ vs v� i LO _.i+ 0-2 O 6'0-cC V a T) 0 0 41 v1 m ci 0:` ° t11=4 v : ° o—, vowL v I%Y O C �� C v c C O C wZ, W, In W, ® 47 C ��..=�aZ1M�p,,- E wus- 0'O a0.A.+ E uL a ° Or N - `v 00-0-1 CIO ° o�us� 4 N m NC_414Q 0 4, y 4, vm". O T9 a�C y 0.7 y`O+c��° E ma .--r 0-MN pM 7 CD O:C a p �O N q 17 r .r v Ld v cn N ° "voao sorn AW —v—ZS s E w •O a1 W T� a 19 z o ai • C 0 = v° N v O T, 4Cj a 7•b0 G•N of Sx yt 2 o m .Arv. ° w 4•nyD02D W 4 L C� y 91 D C C, v a+D 7 4 N.0 7 D 4 O N C O u r 4" C 3 L C s .w:5 CDi 4) '° ° C 0 O T E7 (p E c— v,° 4, °.-. O D v °S c9Z M v 2 v E 7 W '- .. v a, D 0 A y A v SA m res p 41 ❑ $ C C ° (_}j -- m o V .a m o - v pO—IL'o—Ox0 V) M0cr, +lu 4% L1 y.O �^DY nw o ..'C. pZ p 4 0 0 'a c m w p1 .+ S 4ey 4C1 YC7 O� d+._. ,.J o�W�'.ti" .................. ..... ....S20.. ................ ..�.. .._ tp06.4i 8 f 3 O a ri a [1 4v D u c c` o } zD ° L� Lel W =,r. v._ vs v� i LO _.i+ 0-2 O 6'0-cC V a T) 0 0 41 v1 m ci 0:` ° t11=4 v : ° o—, vowL v I%Y O C �� C v c C O C wZ, W, In W, ® 47 C ��..=�aZ1M�p,,- E wus- 0'O a0.A.+ E uL a ° Or N - `v 00-0-1 CIO ° o�us� 4 N m NC_414Q 0 4, y 4, vm". O T9 a�C y 0.7 y`O+c��° E ma .--r 0-MN pM 7 O:C a p �O N q 17 w U1� L 01=-2 v O C N ° "voao sorn AW —v—ZS s E w •O a1 W T� °� v o ai • C 0 = v° N v O T, 4Cj a 7•b0 G•N of 'V CO v v a- cY a C y W 41 y .Arv. ° w 4•nyD02D W 4 L C� y 91 D C C, v a+D 7 4 N.0 7 D 4 O N C O u r 4" C 3 L C s .w:5 CDi 4) '° ° C 0 O T E7 (p E c— v,° 4, °.-. O D v °S c9Z M v 2 v E 7 c qy 747 '- .. v a, D 0 A y A N C .4 a p 41 i �t �4 has+ m ao•a C C ° AOa yr °t°n mo 4 �` MN yw®� .a m o - v pO—IL'o—Ox0 V) M0cr, +lu 4% L1 y.O �^DY nw o ..'C. pZ p 4 0 0 'a c m w p1 .+ S 4ey 4C1 YC7 O� N Zrd o�W�'.ti" ©' acO -Ea0a • m ®'� lcc J. Q2- C a�. L°1 .�. N .9 0 Q 2 .05 0 f7 mr v y L D0o.s LJ �Ecv va0 -. a � +s 2fi U) 3.0 t 7.0 w W LU 00 Q CL IE 0 ir Q 0 F- o CD Lf) GCS 0 0) co ii C '°' 6 F o� o `ow a;o irC e dao LU as V x CD CG CD _ 1 V C O o t e m Ura�i`aLo �a DOmON n# we o C� ap 0 j0 ��up1v o 0 c O oUIN ..+C7 aero: v nU Tn _n v a c v_ ,U C O'� Cf1 clip u1 i yO„ O N ` - -^. i� CLt_ p p6J 4�- ,N VIy� ���� �❑ aL.. _. Obi^may • �Cd O 1 N Ny,..00i eLp u}y 00 Ez a �Z1 OL 00o zO� �cC?aei�.°l'3 E oa a _ayo._p6— v o oo o—c v vaco 2 d a c 1 o.QQNO.0 +' c p m OO © m t5 cL �•La 0 tB .• ®pJ O t7 Ot O -N Y1 N V7P O'E ac y cZY p �•� oA c O ID o N (O pQ� a C O O w m C N `oj--e,n ue 8e o �?�LcmvzLOo 'va°i cp aJ� 16'1 ° yz O ®� C 71 Q 4 C OLN� t3�� .O +L+.C3 va1 _S 0= a O SV7=V7O �N�1 dO �,�c1 ��—wp .. LOO ��y Oa+�' oOOe1� O� w a. a Q O S' 0, C a— z z o m p m m e c� qua Oma. m CL o c e ro W D,a; d d °� *' O ge1'x O Iv m w q Z7- 0 'y "}aW c Zz y.�y3° �Z7W a�N YO J c, = OS' N 9s t O .�-. Ola .. N A W L D a'V 'ID O•- C a p I u J it 10 _ N �; ^ m o I I n I tx1 '`�+n Lp Pas o a) D^ zz J S ¢ OW Vl N "'I d uta � E t� �ell a m z 0 w w LJ U1 0 O X a- LU zu Q � e Q c 0}i W �tf 5 c R' C LU W z W Z J 3 X V Y PC Exhibit D #17-3890 d 0 _ Q w O O CL a 1\ V n zk �S J �a 0 M Iw1C, � �t m X ? N y > 7 ( > o O J I I I w 1 t0 O �w v, o o Z ON ~ \ o V o 1 � o -c , � I I ww w II p " 4 I I w o I I 06 V) O z ¢ o v a O 0 I i � 00o I 0cwn O ♦ro � ^ I N 0.. N I I d 0 _ Q w O O CL a 1\ V n zk �S J �a 0 M ° .2 4c Zm �o�•-m _ v �p�rn�? mN��o �c C C7 m O a' a N ��rm O+gj� 0 0 O- N O 373 c ° UNC .00 „m, OO.L,,070�ONGt1` -10 I-rnooNvy•�L'C�� c ,p' m (n a � 0 �` O N O°+ c._ .�mp+ 7opc,�O .LN'0 c E0C+dJ0a' N•COdOa-u (1 O .4x-.0,00ydQp.- .+ O Lq .N,ON"1'Z 0M OO IOD UO j.C'� M'v'L' O O d c J 'O 3 r'OIN`mN y"ZO 4).r - >m O m" Z O O O` O O t0. p 0 rm•m ON NN LO° LO �3voLm>�v`M ra Z ° �:++ �C9 v oL..cy-0E + o a� me O QO:E ocQ.C.+O N `O im �a + L_ m m a > o y m° G-- c o °y d o0K-10 °w°O= -0 y: �E .— O �rVcarc °p»V:=aos � om ..Ow - 0 cGm u.2=Ea o"EEv( (Dp°-0 y c E !nom OM OIp, N dam"- 0 0+ '. N , m0 O N op GIM c) O OX -.Q > m L G 00 r O O C 7 50 N y° N m o'�a` vwg� `o o- E c c-0 _a L w NN 0Z °' v O N CL r 0 O- =N N.7 -0 L .%°0G�m0 :3w 00m a (n m ; Z Z—dOvo yDovad vj Im a WpJJ I-aKyOLC=ZOo.rOC.Co'�L0.OrnZ m.. .. 3 ra-Orai y"c cc -03O.mi° OG C p C L C cTCO -mL0 >mm v Na c00�oNWZZL O U' OCL-.E-jO ❑O wL0-=a N Lw m3m h0pa0 I I Iw1C, � �t m ? N y ° .2 4c Zm �o�•-m _ v �p�rn�? mN��o �c C C7 m O a' a N ��rm O+gj� 0 0 O- N O 373 c ° UNC .00 „m, OO.L,,070�ONGt1` -10 I-rnooNvy•�L'C�� c ,p' m (n a � 0 �` O N O°+ c._ .�mp+ 7opc,�O .LN'0 c E0C+dJ0a' N•COdOa-u (1 O .4x-.0,00ydQp.- .+ O Lq .N,ON"1'Z 0M OO IOD UO j.C'� M'v'L' O O d c J 'O 3 r'OIN`mN y"ZO 4).r - >m O m" Z O O O` O O t0. p 0 rm•m ON NN LO° LO �3voLm>�v`M ra Z ° �:++ �C9 v oL..cy-0E + o a� me O QO:E ocQ.C.+O N `O im �a + L_ m m a > o y m° G-- c o °y d o0K-10 °w°O= -0 y: �E .— O �rVcarc °p»V:=aos � om ..Ow - 0 cGm u.2=Ea o"EEv( (Dp°-0 y c E !nom OM OIp, N dam"- 0 0+ '. N , m0 O N op GIM c) O OX -.Q > m L G 00 r O O C 7 50 N y° N m o'�a` vwg� `o o- E c c-0 _a L w NN 0Z °' v O N CL r 0 O- =N N.7 -0 L .%°0G�m0 :3w 00m a (n m ; Z Z—dOvo yDovad vj Im a WpJJ I-aKyOLC=ZOo.rOC.Co'�L0.OrnZ m.. .. 3 ra-Orai y"c cc -03O.mi° OG C p C L C cTCO -mL0 >mm v Na c00�oNWZZL O U' OCL-.E-jO ❑O wL0-=a N Lw m3m h0pa0 I I PC Exhibit E #17-3890 �t m ? N y 7 ( > o O P N 1 t0 O �w v, o o Z ON ~ o rn o rn o -c LLW C) II II ww w II p " w o E V) O c�n c m 0cwn O ct N 0.. N M � 1 m M F U � W PC Exhibit E #17-3890 From: Adam Edwards To: Melanie Curtis Subjects RE: 517 Ferndale Road N (Variance #17-3890) Date: - Wednesday, January 11, 2017 11:56:40 AM Melanie, I do not believe our ROW ordinances apply in this case as the structures are outside of the ROW. However the same principles should be considered: Best practice is to keep ROWS clear of immovable objects for safety and maintenance efforts. When objects are necessary with in the ROW we try and keep them 10 ft from the travel way. For local roads and streets, a minimum clear zone of 7 to 10 feet is considered desirable on sections without curb (AASHTO A Policy on Geometric Design of Highways and Streets). When 10 feet is not possible due to topography or some other practical difficulty we try to get at least 5 feet of clear zone from the edge of pavement. That said this is a low volume, low speed private road with numerous objects (trees, utility poles) less than 10 feet from the edge of pavement so these obstruction do not seem to be out of the norm for this roadway. rr a9 0Lo l( PILLAAR6.2) 4f PLL AR CoN 89`580 _..u From: Melanie Curtis Sent: Wednesday, January 11, 2017 9:40 AM To: Adam Edwards <aedwards@ci.orono.mn.us> Subject: 517 Ferndale Road N (Variance #17-3890) Adam Please review the attached information regarding an after -the -fact variance to permit two as constructed entrance monument pillars within the setback. Please provide comments to me by Thursday afternoon to include in the packet for consideration by the Planning Commission and Council. Thank you. Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, VIN 55356 Email: mcurtis(cDci.orono.mn.us Website: www.ci.orono.mn.us ��:� � �� ],,, � :�"-'-�•�. aid - _ � Y E '� n •,�``r.` m 'r'F ;, yam,,, ta_. ' _ 4 4 F a - �i 4� w u -• �i per r���«�2t� ,� �`,�'�.� :, � �'�'�.�r.. �E►'. '• � : � ' �' +lig i "" y4 y `may Ty,I�� i• ! �4� f �i+t.: V 0 F I ! a - a d C f � I n I, w� 41 71, 1137k(N�3 o � r w LL CO Lo NO � 41 e -i V, 14 Mk�i 74 Y - •t -.�. t"�h Sil d. � t � ropp-MAP", t- .-Nk- 4 !s v - III, , Xki, c _ '�•i" L ` •, �r. .- a �pq, _ t Rye 1.,. , �, •h iye"2 �1'FMZ � )'�� i � --C. 44, �'ri�;c _• Vii_ ^�� ��,� � ,�-°' ='a+ •a-_- y _ - _— ter- n� ._ •{+y._�.. -4c NL 44P - � -� r� ;-y ._ Q0., �:�i�"�• "� - ►'` `?#!� �` `mac, f r �� - ' *•� Y RTS y' � •,�° � � �� ,� � _ �" .� f �`�.." LY Ak +ems , RF _ ,..+sit►'-_ Dennis D. Krumsieg Erica C. Street 519 Ferndale Road N. Wayzata, MN 55391 January 9, 2017 G?AN Cdr' OF C 7,,No VIA FACSIMILE (95212494616 City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323-0066 Attn: Planning Commission Re: Denali Custom Homes — Land Use Application #17-3890 To Whom It May Concern: We are the owners and residents of the property located at 519 Ferndale Road N, Orono, MN 55391, which is immediately adjacent to the property which is the subject of the above referenced land use application for an after -the -fact variance to permit two entrance pillars to be located less than 5' from the roadway where a 10' setback is required (the "Variance"). The property in question is one of eight homes located on a narrow, one lane, private road section of Ferndale Road N. Maintenance and utility of the private road, and adherence to the neighborhood requirements, are responsibilities of the individual property owners and critical to continued and unimpeded access to, use and enjoyment of the private common areas by all residents. The 10' setback requirement is in place, in part, to (i) ensure the ability of residents to navigate the private roadway by allowing sufficient room for pulling over and passing, (ii) eliminate hazards and liabilities for residents and service providers who must access the road to perform a variety of tasks in including, among others, snow and brush removal, (iii) preserve opportunities for future improvements to the road, and (iv) maintain the aesthetics of the neighborhood as a natural, open view environment. The pillars in question interfere with the rights of the neighborhood residents and create a private nuisance in the following particulars: • The proximity of the pillars to the roadway creates a navigation hazard to passing cars by limiting the space available for passing in the event of a problem situation • The proximity of the pillars to the roadway also impedes the removal of snow and other debris from the road by limiting the space in which such removals may be accomplished, creating the potential for unsafe build up along the road and liability concerns on the part of service providers who are operating near the pillars City of Orono January 9, 2017 Page 2 • The location of the pillars within 5' of the existing roadway will also impede future maintenance and repair of the existing roadway and the possibility of widening the roadway in the future In addition, from an aesthetic perspective, the current placement of the pillars interferes with the visual appeal of the neighborhood and previous unobstructed view along the entire length of the roadway. As such, and on behalf of the neighborhood as a whole, we respectfully request that the application for Variance be declined. We are unable to attend the hearing on January 17, 2017 to address these issues in person; we will appreciate the serious consideration of the Planning Commission of these concerns. If you have any questions and/or there is any additional information that we can provide, please feel free to contact us at (612) 532-2284. Thank you for the opportunity to be heard. Yours truly, Dennis D. Krumsieg PC Exhibit J #17-3890 Sec. 78-1405. - Nonencroachments. (a) The following shall not be considered to be encroachments on yard setback requirements: (1) Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and similar building elements, provided they do not extend more than two feet into a required yard. (2) Nameplate signs for one -family dwellings subject to the provisions of article X, division 4 of this chapter; lights for illuminating parking areas, loading areas or yards for safety and security purposes, provided the direct source of light is not visible from the public right-of-way or adjacent residential property and is located at least five feet from the front lot line; public utility poles and overhead lines; mailboxes. (3) Terraces, steps, uncovered porches, stoops or similar structures which do not extend above the height of the ground floor level of the principal building and extend to a distance of not less than two feet from any lot line. Window wells including those for fire egress which do not extend more than five feet from the building. Sidewalks, driveways and parking areas when constructed, located and used in compliance with other provisions contained within chapter 78. Driveways may extend to within five feet of a side lot line. (4) In side or rear yards only, bays or cantilevers not to exceed a depth of two feet nor to contain an aggregate area of more than 20 square feet, fire escapes not to exceed a width of three feet and a depth of four feet, and open off-street parking. (5) In rear yards only, balconies, breezeways, detached outdoor picnic shelters, laundry drying equipment, and recreational equipment except as otherwise regulated; no accessory structure shall be closer than five feet from a rear lot line. (5.1) Retaining walls, subject to the following provisions: a. Retaining walls may be located in all required yards when all of the following conditions are met: The structure is located at least ten feet from the edge of the traveled roadway; The structure is not located within a drainage, utility, or other easement, except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; The structure creates no impacts to drainage direction, rate or volume for adjacent properties. b. Retaining walls which do not exceed two feet in height above existing ground level, which are located within the property and at least five feet from any property line, and for which the amount of imported fill associated with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. C. Retaining walls exceeding two feet in height above existing ground level or for which the amount of imported fill associated with the structure exceeds 20 cubic yards or which are located less than five feet from a property line, shall require a land alteration permit and upon recommendation of the building inspector may require city council review or a conditional use permit per the provisions of section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. (7) Air conditioning or heating equipment may be located within a required yard but shall be located within five feet of the building it serves; shall not be located within an existing or required drainage and/or utility easement; and shall be located at least five feet from any lot line. Page 1 (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards listed below. For the purposes of this section, the following definitions shall apply: Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal or temporary purpose. Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes for special events; and fences installed for the duration of a construction project such as silt fences, erosion control bioretention logs, and septic drainfield site protection fences. Fence height. The measurement from the top of any part of the fence, including posts or other structural supports, lattice, ornate top design elements, and so forth measured to the existing ground level below the fence, as measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed maximum fence height at that location. Drawing: Fence Height Measurement on Sloped Site ^�+!r �r a. Nonlakeshore lots. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above existing ground level . Fences and walls within a required rear or side yard shall not exceed a height of six feet above existing ground level. b. Lakeshore lots. Fences within the required street (rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above existing ground level. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming, the total Page 2 combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the building site of a lakeshore lot is separated from the lakeshore by a public or private road, the following definitions will apply for fence location purposes subject to the provisions of section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street, such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above existing ground level. Board rail fences within a front, street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencing materials shall consist of permanent all weather products. 4. Temporary fencing shall not be allowed to remain on the property following final inspection, or issuance of a certificate of occupancy for a permitted construction project, or protection of property during a similar project or winter conditions. Winter conditions shall be defined as October 15 through March 31 of the following year. Temporary fencing associated with a special event shall be removed within seven days of the end of such event. Temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel. 5. Existing fences that are legal nonconforming as to location, height, design or other characteristics may be replaced in kind. (9) Entrance monuments, defined for the purpose of this section as a nearly permanent physical structure or object, natural or artificial, used to depict an entrance to the property, erected in all residential zoning districts are considered nonencroachments when they conform with the following standards: a. Each monument, with a maximum of two per approved driveway access, shall be limited to a single pillar with a footprint measuring no larger than 25 square feet and no length to exceed five feet; b. The monument must be setback a minimum of five feet from all property boundaries and never fewer than ten feet from the edge of the paved, traveled roadway; Page 3 c. Plans and/or elevation views of the proposed monuments are required to be submitted for approval by the planning director; d. All signage proposed for the monuments must comply with section 78-1467; e. The monuments are limited to eight feet in height including any appurtenances. Any monument exceeding the maximum height must meet principal structure setback requirements; f. When more than one monument is proposed, and serving two or fewer residences, a minimum horizontal width of 16 feet is required between them; g. When more than one monument is proposed, and serving three or more residences, a minimum horizontal width of 22 feet is required between them; h. Lighting is allowed, in conformance with section 78-1573 and at the discretion of the planning director. When a gate is proposed, the following requirements must be met: The gate must open into the property not outward towards the right-of-way, and 2. Gates serving two or fewer residences shall have a minimum horizontal width of 14 feet in the full open position, and 3. Gates serving three or more residences shall have a minimum horizontal width of 20 feet in the full open position, and 4. For all properties, gate height may not exceed the height of the monument, measured from grade, unless principal structure setbacks are met (if monuments are not proposed then gate height shall be regulated in accordance with the fence height regulations of section 78-1405(8), and 5. Gates must maintain an opacity level of no greater than 25 percent, and For locked and/or secured gates a knox box, meeting the standards set forth by the police and fire department, must be provided for emergency access, and On major thoroughfares the monuments and gates must be located 40 feet from the paved, traveled road to allow for vehicle stacking. A major thoroughfare for the purposes of this section means any county road or state highway. A building permit is required for installation. A survey must be submitted depicting where the monuments will be placed, and the property corner pins must be located for inspection purposes. (b) The following shall not be considered to be encroachments on structure height requirements: (1) Parapet walls that extend no more than three feet above the height of the building. (2) HVAC cooling towers. (3) Elevator penthouses. (Code 1984, § 10.03(15); Ord. No. 211 2nd series, §§ 15, 11-26-2001; Ord. No. 12 3rd series, § 1, 5-24-2004; Ord. No. 30 3rd series, § 1, 11-28-2005; Ord. No. 43 3rd series, § 1, 2-25-2008; Ord. No. 106 3rd series, § 22, 6-10-2013; Ord. No. 139 3rd series, § 1, 2-23-2015; Ord. No. 140 3rd series, § 1, 3-23-2015; Ord. No. 170 3rd series, §§ 3, 4, 6-13-2016) Page 4 RUN DATE: 12/2012016 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: I 38 36-118-23 110007 NANCY W DANIELSON 585 FERNDALE RD N ORONO MN 55391 NANCY W DANIELSON 585 NORTH FERNDALE RD WAYZATA MN 55391 38 36-118-23 Il 0029 S C KENNEDY & M M, KENNEDY 627 FERNDALE RD N ORONO MN 55391 STEPHEN C KENNEDY MARNAE M KENNEDY 627 FERNDALE RD N WAYZATA MN 55391 38 36-118-23110001 STATE OF MINNESOTA 38 ADDRESS UNASSIGNED ORONO MN 0000`! DEPT OF NATURAL RESOURCES TAX SPEC BUREAU OF RE MGT 500 LAFAYETTE RD ST PAUL MN 55:55 38 36—'s 18-23 13 0002 WAYZATA COUNTRY CLUB 38 ADDRESS UNASSIGNED ORONO MN 00000 WAYZATA COUNTRY CLUB 200 WAYZATA BLVD W WAYZATA MN 55391 38 36-118-23 !4 0001 KRISTIN L RONE 575 FERNDALE RD N ORONO MN 55391 KRISTIN L RONE 575 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 14 0002 KRISTIN L BONE 575 FERNDALE RD N ORONO MN 55391 KRISTIN L BONE 575 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 140003 T W DONALDSON ET AL 555 FERNDALE RD N ORONO MN 55391 T W & K C DONALDSON 555 FERNDALE RD N WAYZA"T A MN 55391 38 36-118-23 14 0006 CLARK GASSEN & MARGO GASSEN 515 FERNDALE RD N ORONO MN 55391 CLARK GASSEN & MARGO GASSEN 515 FERNDALE RD N WAYZATA MN 55391 38 36-1:8-23 !4 0007 STACIA J P ANDERSEN ET AL 517 FERNDALE RD N ORONO M.N 5539: STACIA 3 P ANDERSEN STEVEN L ANDERSEN 16825 ENCLAVE CIRCLE EDEN PRA!RIE MN 55347 38 36-118-23 14 0008 E C STREET & D D KRUMSIEG 519 FERNDALE RD N ORONO MN 55391 ERICA C STREET DENNIS KRUMSIEG 519 FERNDALE RD N WAYZATA MN 55391 38 36-118-23 14 0009 NANCY W DANIELSON 585 FERNDALE RD N ORONO MN 55391 NANCY W DANIELSON 585 FERNDALE RD N WAYZATA MN 55391 38 36-118.23 14 0012 JOSEPH & SHELLY HOESLEY 475 FERNDALE RD N ORONO MN 55391 JOSEPH & SHELLY HOESLEY 475 FERNDALE RD N WAYZATA MN 55391 38 36-118-2314 0015 WAYZATA COUNTRY CLUB 38 ADDRESS UNASSIGNED ORONO MN 00000 WAYZATA COUNTRY CLUB 200 WAYZATA BLVD W WAYZATA MN 55391 RECEIVED DEC 2 0.2016 CITY OF ORONO Hennepir. County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the host current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. RECEIVED DEC 2 0 7016 Y OF ORONO Hennepin County Locate & Notify Map Provided By: Resident and Rea! Estate Services PC Exhibit L #17-3890 Date: 12/2012016 Buffer Size: 350 feet Map Comments: RECEIVED DEC 20 ii, - CITY OF ORONO 0 120 240 480 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us # 3890 !' G 36-118-23-12 36=1-1.8-23-11 a4 W 31-118-22-22 f w 36-118-23-13 --. 18-23- 4 31-118-22-23 i t 31-118-22-23 . 36- 18-23-13 36-11:8-43:^1 n� � nn ex e � a 3 i -11;x. , -32 36-118-23-42 36-118-23-41 ra , 36-118-23r4T - 36-118-23-42 R - a 4 R pr .y 3 i -118-22-32 F. Buffer Size: 350 feet Map Comments: RECEIVED DEC 20 ii, - CITY OF ORONO 0 120 240 480 ft For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us # 3890 !' G MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. 6. #17-3890 DENALI CUSTOM HOMES ON BEHALF OF STEVE AND STACIA ANDERSEN, 517 FERNDALE ROAD NORTH, AFTER -THE -FACT VARIANCE, 7:14 P.M. — 7:45 P.M. David Bieker, Denali Custom Homes, and Steve Andersen, Applicant, were present. Curtis stated the applicant constructed a new residence on the property starting in May of 2015. The project was completed and an as -built survey was submitted in July of 2016. Upon Staff review of the as -built survey, it was noted that two entrance monuments had been constructed near the road which did not meet the required 10 -foot setback from the edge of the pavement according to City Code Section 78-1405. The entrance monument pillars are located 3.5 and 4 feet away from the traveled portion of the road. The entrance monument pillars were not included in the original building permit for the home but were shown on a subsequent survey submitted for the swimming pool permit. A separate building permit is required for entrance monuments and construction drawings are required. With the application for the swimming pool permit, no construction drawings were submitted. The subject property boundary extends into the private road. Entrance monuments are permitted to be closer to the street than other types of accessory structures. The Code requires a minimum of a 10 -foot separation from the paved, travelled roadway for the construction of entrance monuments for safety reasons. The entrance monuments are located 3.5 and 4 feet from the pavement. The City Engineer did review the monuments and his comments are included in the packet along with comments from one of the neighboring property owners. Staff finds that there may indeed be practical difficulties supporting the location of the entrance monuments. However, entrance monuments are an amenity and not a necessity. There is adequate space between the driveway and the road for some type of entrance monument to have been constructed to meet the 10 -foot setback. Should the Planning Commission find practical difficulties exist to allow the monuments to remain as constructed, additional comments regarding support should be provided. Staff did not find a practical difficulty for the monuments and recommends denial. Curtis noted photographs of the monuments have been included in the Commissioners' packets. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. The Planning Commission had no questions for Staff. David Bieker, Denali Custom Homes, stated they did have an active building permit for the property. Back then landscape plans were not required at the time of building permit. Bieker stated when it came time to get the pool permit, which also triggered getting the landscaping in order, they submitted the pool permit application with the new survey showing the pool and the entrance monuments in their present location. In receiving the permit for the pool, there were no comments about the monuments being too close to the road. Bicker indicated they then proceeded with construction of the pool and were subsequently asked to construct the monuments by the Andersens. Bicker stated they had the understanding that the monuments were okay since they were depicted on the survey. Bicker noted property owners are allowed to have two monuments per single property and that the setback from the property line is acceptable. The one exception is that the monuments are closer to the roadway than what is normally allowed. Bieker stated the situation was further complicated was he believed this to be a private driveway and not a private road since the road is not built to normal road standards, not maintained by the City, and does not allow two cars to pass side by side. Bieker stated due to the narrowness of the road, some of the neighbors feel they have the right to drive through Mr. Andersen's bushes and tear up his grass to avoid an oncoming car. The Andersen's desire was to put the monuments in place to prevent people from driving in that area. Bieker stated they also put lighting on the monuments since there are no lights on the street and that stretch of roadway is very dark. Bieker stated this is a very large site but there is a tremendous amount of wetlands on the site which required the house to be built close to the road. Bieker noted people cannot park on the road and you need to park on your own property. Bieker stated moving the monuments back would impede on people being able to park in the driveway and be able to negotiate in and out of it. As a result, the location was selected since it was believed to be the best spot for the monuments and still be far enough from the roadway. Bieker commented people should not be driving more than five or ten miles an hour since it is built like a private driveway. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Bieker indicated he has some photographs of the monuments and the general area. Bieker noted there are a number of things that are located much closer to the road than the monuments, such as telephone poles, trees, gates, fences, and boulders. Bieker stated these monuments are actually further back than many of those other things that exist along the road and that during the onsite visit by Staff there were no safety concerns expressed. Bieker stated how this transpired was unintentional. Bieker stated the monuments cost in excess of $10,000 and they would need to be destroyed and rebuilt if they have to be relocated. Steve Andersen, Applicant, stated he read through the letter that was sent to the City and that there has been one neighbor that voiced his concerns throughout the project. Andersen stated he has eight other neighbors who were fine with the project. Andersen indicated he was out there pretty much every day making sure that the road was cleaned off. Andersen stated there are a lot of people that walk down the road to the park and that his monument lights are the only ones that are there. Andersen commented the area is very dark and that this is probably one of the more popular areas to walk in order to access the park. Andersen indicated he has had no problems with snow removal with his driveway or the private road and that he is hoping the City would be amenable to allowing the monuments in their present location. Andersen noted some of his other neighbors have monuments. Andersen stated this area of the road appears to be almost the widest part of the road and that there are bushes and tree branches that go at least a foot into the roadway all the way down the road. Andersen stated in the area of the monuments there is plenty of room. Bieker stated the monuments are also designed to deter people from driving on Mr. Andersen's property. Bieker noted he did read the letter from the neighbor and he got the impression that the neighbor feels it is his right to pull onto Mr. Andersen's property. Andersen stated the property was vacant for a number of years and that most of the neighbors got used to doing that. Andersen indicated he did speak with the neighbors about it. Andersen stated the monuments will help keep people from driving over his sprinkler system and tearing up his yard. Landgraver asked what the metal stakes are for that are depicted in some of the photographs. Andersen indicated they are for snow removal and are seasonal. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Curtis noted there are plantings in between the monuments and the road. Anderson stated there is also a gas line in that area and that he would like to have something to show that people should not drive over that area since the gas line is not buried very deep. Lemke asked where the other monuments are located. Bicker indicated they are at the entrance of different neighbors' driveways, with one being at the corner fairly close to the road. Bicker stated there is also a fence that comes up to the road but the bigger concern is the trees. Berg asked if they deliver mail down the road. Andersen indicated the mailboxes are located down at the end of the road. Lemke asked if the monuments prohibit any emergency vehicles or fire trucks from going down the road. Curtis stated not to her knowledge. Curtis stated the width of the roadway should be wide enough to accommodate those types of vehicles. Bieker stated it does get very narrow at the end but is wider in front of Mr. Andersen's property. Lemke asked how far the monuments would need to be relocated. Curtis indicated 6 feet and 6.5 feet. Acting Chair Lemke opened the public hearing at 7:30 p.m. There were no public comments regarding this application. Acting Chair Lemke closed the public hearing at 7:30 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Schoenzeit commented it is a tough situation since the monuments clearly do not match the requirements of the code. Schoenzeit noted the City had someone who wanted to put a gate on a county road when there was some room behind the gate. Schoenzeit stated that is not the situation here since they do not have a gate that is blocking the driveway. Schoenzeit stated the monuments are already built and the owner has incurred some expense, which appears to be a practical difficulty. Barnhart stated he would be challenged using the fact that the monuments are there as a practical difficulty since financial concerns cannot be used as a reason to support a variance. Landgraver stated the Planning Commission also reviewed an application where there was a garden shed in the front yard and the property owners were required to remove it. Landgraver stated he has a tendency to side with the City since the approval process was not followed. Landgraver stated while the developer may not have known it was an issue and did not call it out on the plan, he would have to jump to the City's defense and say that they should not be expected to look for things outside of the pool. Schoenzeit stated even if something is on a plan and is not called out by Staff, the developer is still responsible for complying with the code. INL Amr� W Bieker stated in his experience every time they turn in a survey, they are scrutinized. Bieker noted the monuments were also listed as an item on the hardcover calculation very clearly. Bieker stated there were approximately ten items listed and the monuments were clearly listed along with the calculations for the pool. Bieker stated in his view it should have been noted that they were there even though it was an application for a pool. Bieker stated every time a homeowner does a project, a new survey is turned in and that in his view the monuments should have been noticed by the City. Schoenzeit asked if the monuments were a line item on the hardcover calculations. Bicker indicated they are and that he could provide a copy of it. Curtis stated she is in agreement that the monuments were listed on the hardcover calculations but that hardcover was not a concern with the property due to the size. Lemke asked if the monuments existed at that time. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Bieker indicated they had not been constructed at that point and that the survey said proposed. Berg asked if there was a need for a permit when the monuments were proposed. Curtis stated monuments require a building permit along with a footing inspection. Bieker stated the inspectors were there a number of times, saw the monuments being built, and never looked at them. Bicker stated the monuments have 4 -foot deep footings. Schoenzeit asked if Mr. Bieker called in the inspection on the footings. Bicker indicated his project manager handled that and that he cannot answer that. Schoenzeit stated if the building inspector signed off on the footings, he would be okay with the monuments. Bieker stated there was not a separate permit pulled for the monuments. Schoenzeit stated if there was an inspection report for these footings, he would be fine with the monuments, but if he doesn't have an inspection report for the footings, they should be removed. Curtis asked if an electrical permit was pulled. Bieker stated there had to be. Curtis stated the file will reference a permit number and that she is looking to see if there are any notes under the swimming pool permit. Curtis stated someone cannot just call in and ask for an inspection but that they have to reference back to what the permit is before they can schedule an inspection. Schoenzeit stated an inspection needs to be done every time footings are poured. Barnhart indicated he does not see a permit for the monuments. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Bieker stated he will have to see if there is any sign -off sheet in his file. Berg stated if there was not a permit, there would be no need for someone to sign off on it. Lemke asked how many other monuments are on the road. Andersen indicated there are six. Andersen stated there is not that much traffic on the road and that there is more foot traffic. Landgraver asked if Mr. Andersen still wants the monuments if they have to be moved Andersen stated he cannot move them ten feet because that would eliminate his off street parking. Anderson indicated the house is close to the road due to the wetlands and that the other homes are further away from the road. Schoenzeit asked what the distance is from the pavement to the backside of the plantings. Andersen stated if the monuments are 10 feet away from the road, he would not be able to back out of his garage. Bieker stated the practical difficulty is that the house needed to be close to the road and that Mr. Andersen is not able to use his property the way the other neighbors can due to the wetlands. Schoenzeit asked what the front edge of the garage door is to the oval. Andersen indicated he does not know that off the top of his head. Bieker stated the realty is if the monuments have to come down, the Andersens will not be able to have them and that they will have to deal with people driving through there. Landgraver commented the Planning Commission is attempting to recognize that there are some issues here. Bicker stated they are attempting to identify the property and make it a workable situation for everybody. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 17, 2017 6:30 o'clock p.m. Bieker stated cars can be up to 20 feet long, which makes it challenging for off-street parking. Landgraver stated if there is indication that the City inspected the footings, the City essentially approved it by default. Landgraver stated he is sympathetic given the expense and the additional usefulness the monuments are providing, but that he would not want to approve a variance after the fact. Landgraver noted the Planning Commission is an advisory board and that the applicants can go before the City Council. Lemke commented monuments are more decorative than anything else and that he would go along with Staff's recommendation. Lemke stated the applicants are free to bring it to the City Council and have them review it if the Planning Commission recommends denial. Landgraver moved, Schoenzeit seconded, to recommend denial of Application No. 17-3890, Denali Custom Homes on behalf of Steve and Stacia Andersen, 517 Ferndale Road North. VOTE: Ayes 4, Nays 0. Melanie Curtis From: David Bieker <denalihomes@hotmail.com> Sent: Monday, February 13, 2017 6:50 PM To: Melanie Curtis Subject: Fwd: City of Orono Letter Sent from my Verizon Wireless 4G LTE Droid ---------- Forwarded message ---------- From: "Schill, Mark A" <maschill@cbbumet.com> Date: Feb 13, 2017 5:26 PM Subject: Fwd: City of Orono Letter To: David Bieker<denalihomes@hottnail.com>,Steve Andersen <sjasla@gmail.com> Cc: Thanks! Mark Mark Schill Caldwell Banker Burnet 612-859-4507 Marka,,MarkSchill.com Sent from my iPhone Begin forwarded message: From: George Sutton <thesuttonclan sn.com> Date: February 13, 2017 at 5:25:24 PM CST To: Mark Schill <mark markschill.com> Subject: City of Orono Letter Dear City Of Orono - We live on the same private road that Steve and Stacia Anderson live on in Orono. We think the stone address blocks in front of their house were very tastefully done and look very nice. It was a very challenging lot to build on and we think they've done a great job with the property. The address blocks have not caused any problems driving in and out of the neighborhood and we see no reason for any changes to be made. George and Kathy Sutton Department Approval: REQUEST FOR COUNCIL ACTION Administrator Reviewed Name Jeremy Barnhart Ym-4 Title Community Development Director Item Description: Comprehensive Plan Update DATE: February 13, 2017 ITEM NO: 16 Agenda Section: Planning Department Report Background. The Metropolitan Council requires all communities within the seven county metro area, including Orono, to update their Comprehensive Plan every ten years. For this round of updates, the submittal deadline to the Met Council is December 31, 2018. As part of this update, the Met Council publishes a systems statement, a document that outlines items to be included in a comprehensive plan, and includes infrastructure assumptions, population projections, and affordable housing goals. Based on the systems statement, the comprehensive plan must include sections on transportation, infrastructure (surface water, waste water, and water), housing, and parks and trails; all based on the population projections, housing goals, and other plans. As part of this update, the city must also complete a surface water management plan, to be reviewed by the watershed district, as well as a water supply plan, to be reviewed by the DNR. Staff and the consulting engineer will complete these plans. Previously, the Council has given direction on a few key components of Orono's Plan: Density. The Met Council, provider of the sanitary sewer system, requires the city to maintain at least 3 residential units per acre in the sewered areas. Since density along the lake shores are significantly less than 3 units per acre, other areas have been identified for higher density, notably the Orono Preserve, Dumas Orchard, and Eisinger properties along County Road 112, and vacant land in Navarre. The Council in recent months, has approved projects at a density less than prescribed: Orono Preserve (10 units per acre guided, developed at 3.1 units per acre), Eisinger Meadows (15 units per acre guided, developed at 5 units per acre). Additional areas appropriate for higher density housing will need to be identified. These areas may include the areas south of Stonebay or the Navarre neighborhood. The desired location for this density should be carefully considered, better informing neighborhoods, property owners, and developers as to the City's plans which will allow for consistent application of these plans. Navarre. The density and business culture of the Navarre area provides a unique opportunity to establish a city center type environment. Funds were budgeted to have a consultant establish a community vision for this area that could include land use, streetscape, and community facility components. An understanding of goals would allow for applications that more directly fit the vision for the area. Small lot areas. Previous Councils had discussed reviewing the issues associated with small lots (lot area, width, setbacks, density) as part of the Comprehensive Plan. It is staffs understanding that the Council wishes to review this issue separately. An important part of the comprehensive planning process is outreach, the process of gathering informed comment on aspects of the plan. From a review standpoint, I think it is advantageous to break the document into smaller chapters, to be reviewed as we progress, rather than trying to digest the whole document at the end. It is recommended than small task forces be formed to analyze a specific issue or area, over a limited time. Project Advisory Committee. To gather the necessary community feedback, staff intends to use a taskforce type committee, established by the City Council. This Project Advisory Committee (PAC) would include two Councilmembers, two Planning Commissioners, a park commissioner, and 2-4 citizens. This committee would provide advice to the planning team. Draft review and preliminary discussion would occur at this level. Some names from the public have been forwarded, it is recommended to advertise the opportunity. In addition, Staff will solicit volunteers from the Planning Commission, Park Commission, and City Council, to be formally appointed by the Council at the next meeting. This committee would meet monthly. Process. Staff further envisions a couple of general open houses, one in March/April, to outline the process. Focus areas (Navarre, others) will have their own neighborhood meetings to discuss issues and opportunities for these areas. The draft schedule for 2017 is attached as Exhibit A. The intention is to submit the draft to the Met Council in September, 2018. Staff anticipates an 18-20 month process to complete the plan, led by staff, with consultant assistance on the Navarre. However, given the anticipated workload, staff cannot internally complete the Comprehensive Plan unless the planner position is filled. Action Requested: 1. Confirm that the small lot area discussion will occur outside of the comprehensive plan. 2. Direct staff to solicit volunteers from the public, planning and park commission, and City Council to be formally named to the PAC. ,C/ C Meeting date PAC Newsletter Base Map Preparation Update all Maps Bolton and Menk Identify Steering committee Council Identification of goals Newsletters Staff Introductory open house Staff Intended to gather interested parties Form citizen committee ID/ confirm goals Prepare surface water plan CE, Bolton and Menk Submit to MCWD Prepare water supply plan CE, Bolton and Menk Submit to DNR SAP: Navarre area Consultant Develop scope/ goals staff Bid Accept bid Council Process Consultant Newsletter staff Committee/ Planning Commission City Council Chapter development (at conclusion, all chapters posted) Demographics (foundation) Staff Environmental Protection Staff General Land Use (Steering committee meet Staff Density Placement Public engagement Housing (steering committee meeting) Staff Transportation Staff, CE Aviation Staff Sewer Staff, CE Water supply Staff, CE Parks and Open spaces Staff, Parks Commissioi Public services Staff Implementation Staff Final submittal open house Staff Steering committee review PC Review Council review Submit preliminary draft Council Exhibit A REQUEST FOR COUNCIL ACTION Department Approval: Name Ron Olson NYV Title Finance Director Administrator Reviewed: Y1144 DATE: February 13, 2017 ITEM NO: 18 Agenda Section: City Administrator's Report Item Description: Close Fund 317 — 2004 GO Improvement Refunding Bond The 2004 GO Improvement Refunding Bond Fund is a debt service fund that was created to fund debt payments on the 2004 GO improvement Bonds. These bonds have been paid in full and the fund is no longer needed for debt service. The fund's current fund balance is $102,585.20 and is available for alternate uses. Staff is recommending transferring the assets of the fund to the Pavement Management Fund. COUNCIL ACTION REQUESTED: Adoption of the attached Resolution to close the 2004 GO Improvement Refunding Bond fund and to transfer the equity to the Pavement Management Fund. A RESOLUTION TO CLOSE THE 2004 GENERAL OBLIGATION REFUNDING BOND FUND WHEREAS, the 2004 GO Improvement Refunding Bond Fund was established to service the debt on the 2004 GO Improvement Refunding Bonds; and WHEREAS, the 2004 GO Improvement Refunding Bonds have been paid in full; and WHEREAS, the fund balance of the 2004 debt service fund is available to be used to fund other City need; and WHEREAS, the Pavement Management Fund requires additional funds to pay for scheduled 2017 projects; NOW, THEREFORE, BE IT RESOLVED that the 2004 GO Improvement Refunding Bond debt service fund be closed and that the remaining equity in the fund be transferred to Pavement Management fund. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held February 13, 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor REQUEST FOR COUNCIL ACTION Department Approval: Name Ron Olson NYV Title Finance Director Administrator Reviewed: Y1144 DATE: February 13, 2017 ITEM NO: 19 Agenda Section: City Administrator's Report Item Description: Close Fund 320 — 2009 GO Improvement Refunding Bond The 2009 GO Improvement Refunding Bond Fund is a debt service fund that was created to fund debt payments on the 2009 GO improvement Bonds. These bonds have been paid in full and the fund is no longer needed for debt service. The fund's current fund balance is $80,619.90 and is available for alternate uses. Staff is recommending transferring the assets of the fund to the Pavement Management Fund. COUNCIL ACTION REQUESTED: Adoption of the attached Resolution to close the 2009 GO Improvement Refunding Bond fund and to transfer the equity to the Pavement Management Fund. A RESOLUTION TO CLOSE THE 2009 GENERAL OBLIGATION REFUNDING BOND FUND WHEREAS, the 2009 GO Improvement Refunding Bond Fund was established to service the debt on the 2009 GO Refunding Bonds; and WHEREAS, the 2009 GO Refunding Bonds have been paid in full; and WHEREAS, the fund balance of the 2009 debt service is available to be used to fund other City need; and WHEREAS, the Pavement Management Fund requires additional funds to pay for scheduled 2017 projects; NOW, THEREFORE, BE IT RESOLVED that the 2009 GO Improvement Refunding Bond Fund debt service fund be closed and that the remaining equity in the fund be transferred to Pavement Management fund. Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held February 13, 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Department Approval: Name: Correy Farniok Title: Police Chief ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: February 13, 2017 Item No: 20 Administrator Reviewed Y"-4 Item Description: Authorization for Disposal of Weapon DISCUSSION: Agenda Section: City Administrator's Report Over the last several years the police department has acquired several guns (18) by various means. Some have been turned in for disposal, some have been taken during search warrants and others have been seized when used illegally. Orono Public Works will assist us by cutting up the weapons that need to be destroyed and have no value. Streicher's and Frontiersman are reputable local businesses specializing in police equipment has offered competitive prices on those weapons that are deemed to have value. The money obtained from the disposal of these guns will be used to purchase duty weapons and/or ammunition to be used by the department at the range when training. Knight Muzzleloader Gadilondo YCIA Victoria .45 Handgun Calo Para 9mm Handgun Browning 12 gauge Shotgun Glenfield .22 Rifle Winchester 16 gauge Shotgun Glock .40 Handgun Ruger 10/22 Rifle Benelli 12 gauge Shotgun Mosin 7.62 Rifle Shotgun (barrel only) (to be destroyed) Marlin .22 Rifle Ruger .223 Rifle Western Field 12 gauge Shotgun Winchester 16 gauge Shotgun Hi -Point 9mm Handgun H -Standard .22 Handgun (to be destroyed) Ruger 9mm Handgun Glock .380 Handgun COUNCIL ACTION REQUESTED: Motion to authorize Striecher's and/or Frontiersman to purchase weapons from the Orono Police Department and authorize Orono Public Works to destroy guns that have no value. Department Approval: Name: Coffey Famiok Title: Police Chief ORONO POLICE DEPARTMENT REQUEST FOR COUNCIL ACTION Date: February 13, 2017 Item No: 21 Administrator Reviewed Y"-4 Item Description: Disposal of bicycles DISCUSSION: Agenda Section: City Administrator's Report The Orono Police Department has 10 bicycles that have been turned in to the department. The bikes were found or abandoned within the city. The following bicycles have not been claimed. All of the bicycles have been in the department's possession for more than 60 days. The police department considers the bicycles as abandoned property and would like to dispose of them by donating them to Mound True Value. Mound True Value will repair the bicycles and give them to WeCan (Western Communities Action Network, Inc.). WeCan will give the bicycles to children and young adults in the community that are in need of a bicycle. The bicycles that cannot be fixed/used will be destroyed by Orono Public Works. COUNCIL ACTION REQUESTED: Recommend a motion to approve the disposal of the bicycles to Mound True Value and WeCan. Department Approval: Name Anna Carlson Title City Clerk REQUEST FOR COUNCIL ACTION Administrator Reviewed: Y"-4 Item Description: Residential Kennel License RESIDENTIAL KENNEL LICENSES 1. Steve Bell & Jane Kline 4455 West Branch Rd DATE: February 13, 2017 ITEM NO.: 22 Agenda Section: City Administrator's Report The residential kennel license applicants have met the requirements and submitted complete applications. Staff recommends approval of the 2017 residential kennel license applications. COUNCIL ACTION REQUESTED: Consider a motion to approve the above listed licenses. Owner: City of Orono FOR CI Us L P.O. Box 66 2750 Kelley Parkway Kennel Inspected By; Crystal Bay, MN 55323 Date Inspected: % 3 �� (952)249-4600 Recommends: Appoval Denial ❑ ORONO KENNEL LICENSE APPLICATION Effective 7anuary 1, I.o,,7 to December 31,.20/7 AJ 6 9- -r�(% Re, U U. Property Address: YYES t4l if f"j- ,6AV a%:W "q Q (include city and Mailing Address (if different): Phone: (home)qs-Z - V72 - Y7V 7 (work) RESIDENTIAL KENNEL LICENSE FEE: $50.00 (payment must accompany application) DOGS Current # of dogs owned (over 6 months of age): Maximum # of dogs to be kept at one time (over 6 months of age): Breed(s): 1-r i i4e-4 Purpose for dogs/cats: Dogs normally kept: Cats normally kept: inside outside inside outside CATS Current # of cats owned (over 6 months of age): Maximum # of cats to be kept at one time (over 6 months of age): COMMERCIAL Kennel License Fee: $150.00 (payment must accompany application) Name of Business: Business Activities: Normal Business Hours; tf/l-d X01 (example: boarding, breeding, veterinary care, retail, etc,) After Hours Contact: (name) (phone) Dog runs/exercise areas are: inside outside both 36 � The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation; the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 62, Article III, Division 3; including any special conditions imposed by the City Council as part of any kennel license approval. Applicant Date E L; DATE TIME CI, Y OF ORONO CALLED IN INSPECTION NOTICE SCHEDULED PERMR NO. COMPLETED I `� , ADDRESS `� {-� 5S V n C S t R�Y11JJ�'i OWNER c6'LO� k n'— �-TELEPHONE NO. _ � E> 2-4 Z7 CONTRACTOR C - DESCRIPTION )-.e) ❑ FOOTING ❑ DEMO - FINAL ❑ SEPTIC FINAL ❑ POURED WALL ❑ PLUMBING RI ❑ EXCAVIGRADINGIFILLING ❑ FOUNDATION WATERPROOF ❑ PLUMBING FINAL Ll TREE REMOVAL ❑ RADON SLAB ❑ MECHANICAL RI ❑ SITE INSPECTION ❑ FRAMING ❑ MECHANICAL FINAL ❑ RATED WALLS ❑ INSULATION ❑ WOOD BURNER/FIREPLACE [] COMPLAINT ❑ FINAL ❑ WATER HOOK-UP ❑ FOLLOW-UP ❑ AS BUILT- SURVEY ❑ SEWER HOOK-UP ❑ FOUNDATIONIREMOVAL ❑ DEMO - SITE ❑ SEPTIC INSTALL G ERICONTRACTOR TO NEST YOU: r VES — NO COMMENM 0-1P7—$(os ❑ WORK SATISFACTORY: PROCEED ❑ CORRECT WORT( a PROCEED ❑ OORRECT WORK, CALL FOR REINSPECTION BEFORE COVERING ❑ OOIIiEGTUNSAFE CONDnION WITHIN HOURS. INSPECTOR WILL RETURN Cl STOPORDERPOSTED. CALLINSPECTOR ❑ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. ❑ PROJECT COMPLETE ❑ ISSUE CERTIFICATE OFOCCUPANCV TEMPORARY PERMANENT ❑ PHOTO TAKEN ❑ CITATION ISSUED Call for the next inspection 24 hours In advance. (952) 249-4600 Whig O *VftgmbWs FIN Conry c4oril ht NOW REQUEST FOR COUNCIL ACTION Date: February 13th 2017 Item No. 23 Department Approval: Administrator Approval: Agenda Section: Name: Danielle Amira —.9Q Y"-4 City Administrator's Title: Accountant Report Item Description: Claims/Bills 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 106863 to 106970, totaling $440,815.52. Noteworthy payments include: COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. Payment for sewer services to Metropolitan # 106919 — Met Council $ 71,990.28 Council lines, February and March 2017 payments. # 106920 Metro West Inspections $ 7,526.00 Payment for Dec 2016 inspection services. # 106962 Valley Paving Inc. $ 19,965.75 Payment for Watertown Road Phase II. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register - COUNCIL REPORT Page: 1 Check Issue Dates: 1/24/2017 - 2/13/2017 Feb 09, 2017 11:18AM Department Invoice Amount Police Department 335.40 Central Services Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Administration 66.45 ADVANCED IMAGING SOLUTIO 02/13/2017 106863 322878554 101-42110-413 Police -Copier Lease 1 /20-20/20/2017 Total 106863: ADVANCED IMAGING SOLUTIO 02/13/2017 106864 INV122293 101-41900-413 Toner Shipping ADVANCED IMAGING SOLUTIO 02/13/2017 106864 INV122487 602-49450-401 Printers -01/10/1702/09/17 ADVANCED IMAGING SOLUTIO 02/13/2017 106864 INV122487 101-41900-401 Printers -01/10/1702/09/17 ADVANCED IMAGING SOLUTIO 02/13/2017 106864 INV122487 101-42110-401 Printers -01/10/1702/09/17 ADVANCED IMAGING SOLUTIO 02/13/2017 106864 INV124018 101-41900-413 Toner Shipping Total 106864: ANCOM TECHNICAL CENTER 02/13/2017 106865 66200 101-42110-580 chargers and ear jack for new radios Total 106865: APACHE GROUP 02/13/2017 106866 192859 101-41900-223 paper towels & bath tissue Total 106866: ARC 02/13/2017 106867 MN15024613 101-41900-352 oversized copies Total 106867: BUDGET PRINTING 02/13/2017 106868 3687 101-41900-201 Retirement Plaques BUDGET PRINTING 02/13/2017 106868 3795 601-49400-322 UPS package Sent Total 106868: BUSINESS ESSENTIALS 02/13/2017 106869 WO -260263- 101-41900-201 CD/DVD Storage box, File boxes BUSINESS ESSENTIALS 02/13/2017 106869 WO -261061- 101-41900-201 Red Tab Dividers, Tab Indexes Total 106869: CARDMEMBER SERVICE 02/13/2017 106870 CF011517 101-42110-402 Car wash #235 CARDMEMBER SERVICE 02/13/2017 106870 CF012317 101-42110-221 Notary Renewal Stamp -K. Herzog CARDMEMBER SERVICE 02/13/2017 106870 CF020117 101-42110-403 Bungee Cords -PD CARDMEMBER SERVICE 02/13/2017 106870 CF020317 101-42110-439 C. Farniok-Lake Area Chiefs Meeting CARDMEMBER SERVICE 02/13/2017 106870 JL012417 101-41300-439 Meeting Expense -J. Loftus CARDMEMBER SERVICE 02/13/2017 106870 JL020317 101-41300-437 Welcome Food -Anna Carlson -Admin Department Invoice Amount Police Department 335.40 Central Services 11.62 Sewer 50.70 Central Services 101.40 Police Department 101.39 Central Services 12.01 Police Department 11— 2,318.50 Police Department 2,318.50 Central Services 1,585.44 Police Department 1,585.44 Central Services 66.45 Administration 66.45 Central Services 95.00 Water 12.41 Central Services 52.21 Central Services 128.35 Police Department 10.00 Police Department 30.40 Police Department 31.45 Police Department 13.21 Administration 25.00 Administration 46.05 City of Orono Check Register - COUNCIL REPORT Page: 2 Check Issue Dates: 1/24/2017 - 2/13/2017 Feb 09, 2017 11:18AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount CARDMEMBER SERVICE 02/13/2017 106870 JL020317 101-41300-437 Welcome Food -Anna Carlson -Admin Administration 20.34 CARDMEMBER SERVICE 02/13/2017 106870 RO012317 101-41110-439 Council Work Session Food -01/23/17 Mayor & Council 100.10 Total 106870: 276.55 CARGILL SALT 02/13/2017 106871 2903234556 601-49400-216 salt Water 4,614.38 Total 106871: 4,614.38 CECE S SIGNS 02/13/2017 106872 7249 101-43000-222 graphics for equipment Public Works Department 110.50 CECE S SIGNS 02/13/2017 106872 7249 101-43000-221 graphics for equipment Public Works Department 110.50 CECE S SIGNS 02/13/2017 106872 7262 101-45200-221 graphics for Truck #351 Parks 78.50 CECE S SIGNS 02/13/2017 106872 7262 101-43000-222 graphics for Truck #351 Public Works Department 78.50 Total 106872: 378.00 CENTERPOINT ENERGY MAIN 02/13/2017 106873 8000015865- 601-49400-381 Jan/17-Gas-12/21/16-01/20/17 Water 906.48 CENTERPOINT ENERGY MAIN 02/13/2017 106873 8000015865- 602-49450-381 Jan/17-Gas-12/21/16-01/20/17 Sewer 812.38 CENTERPOINT ENERGY MAIN 02/13/2017 106873 8000015865- 101-41900-381 Jan/17-Gas-12/21/16-01/20/17 Central Services 1,848.83 CENTERPOINT ENERGY MAIN 02/13/2017 106873 8000015865- 101-42110-381 Jan/17-Gas-12/21/16-01/20/17 Police Department 530.69 CENTERPOINT ENERGY MAIN 02/13/2017 106873 8000015865- 101-45210-381 Jan/17-Gas-12/21/16-01/20/17 Golf Course 223.76 Total 106873: 4,322.14 CHUNKS LAKESHORE AUTO 02/13/2017 106874 0014476 101-42110-402 #244 Oil Change & Service Police Department 45.79 CHUNKS LAKESHORE AUTO 02/13/2017 106874 0014485 101-42110-402 #240 -Oil Change & Service Police Department 45.79 CHUNKS LAKESHORE AUTO 02/13/2017 106874 0014488 101-42110-402 #233 Oil Change & Service Police Department 42.74 CHUNKS LAKESHORE AUTO 02/13/2017 106874 0014492 101-42110-402 #230 -Oil Change & Service Police Department 63.71 CHUNKS LAKESHORE AUTO 02/13/2017 106874 0014509 101-42110-402 #239 -Front Struts & Alligment & Stabilizers Police Department 1,077.45 CHUNKS LAKESHORE AUTO 02/13/2017 106874 0014512 101-42110-402 #242 -Oil Change, tire pressurse & service Police Department 126.54 Total 106874: 1,402.02 CITY OF LONG LAKE 02/13/2017 106875 00201387 601-49400-387 3rd Qtr/2016 Water Water 2,362.06 CITY OF LONG LAKE 02/13/2017 106875 00201387 602-49450-387 3rd Qtr/2016 Sewer Sewer 1,822.00 CITY OF LONG LAKE 02/13/2017 106875 00201393 601-49400-387 4th Otr/2016-Water Water 1,386.31 CITY OF LONG LAKE 02/13/2017 106875 00201393 602-49450-387 4th Otr/2016-Sewer Sewer 1,633.20 Total 106875: 7.203.57 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/24/2017 - 2/13/2017 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number CIVIC SYSTEMS LLC 02/13/2017 106876 CVC15108 101-41900-416 software supportl/17-6/17 CIVIC SYSTEMS LLC 02/13/2017 106876 CVC15108 601-49400-416 software supportl/17-6/17 CIVIC SYSTEMS LLC 02/13/2017 106876 CVC15108 602-49450-416 software supportl/17-6/17 CIVIC SYSTEMS LLC 02/13/2017 106876 CVC15108 603-49500-416 software supportl/17-6/17 CIVIC SYSTEMS LLC 02/13/2017 106876 CVC15108 651-49910-416 software supportl/17-6/17 Total 106876: COLE HANSEN 02/13/2017 106877 DEC2016 101-42110-319 Compliance Check Total 106877: COMPASS MINERALS AMERICA 02/13/2017 106878 71584568 101-43000-224 Non Treated Road Salt COMPASS MINERALS AMERICA 02/13/2017 106878 71588909 101-43000-224 Untreated Road Salt COMPASS MINERALS AMERICA 02/13/2017 106878 71590886 101-43000-224 Untreated Road Salt Total 106878: CONTINENTAL RESEARCH CO 02/13/2017 106879 444748 -CRC 101-41900-223 supplies Total 106879: CORREY FARNIOK 02/13/2017 106880 CF012017 101-42110-226 reimb clothing Total 106880: COUNTRY CAKE CUPBOARD 02/13/2017 106881 02/03/2017 101-41300-489 Sheet Cake -Outgoing City Clerk -D Tiegs Total 106881: CROSSROADS ANIMAL SHELTE 02/13/2017 106882 16013830 101-42110-317 animal control-Nov/16 Total 106882: CUMMINS NPOWER LLC 02/13/2017 106883 OE -100-1026 602-49450-403 Parts Total 106883: Davis & Stanton 02/13/2017 106884 127576 101-42110-226 Uniform Police Bars, Bar Holders Department Central Services Water Sewer Storm Water Police Department Public Works Department Public Works Department Public Works Department Central Services Police Department Administration Police Department Sewer Police Department Page: 3 Feb 09, 2017 11:18AM Invoice Amount 1,087.75 870.20 1,087.75 .In nn 1,905.45 2,005.22 1,980.63 197.00 197.00 280.86 280.86 88.00 88.00 84.81 455.00 City of Orono Check Register - COUNCIL REPORT Page: 4 Check Issue Dates: 1/24/2017 - 2/13/2017 Feb 09, 2017 11:18AM Department Invoice Amount 455.00 Public Works Department 192.00 Public Works Department 176.25 Parks 181.30 Central Services Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Central Services 125.16 Total 106884: DELTA DENTAL 02/13/2017 106885 6771976 101-21709 003722072- Feb/2017- Dental DELTA DENTAL 02/13/2017 106885 6771976 101-15998 003722072- Feb/2017- Dental Total 106885: EARL F ANDERSON & ASSOC 02/13/2017 106886 0013387 -IN 101-43000-224 signs for #422, #708 Brine Operations EARL F ANDERSON & ASSOC 02/13/2017 106886 0113406 -IN 101-43000-224 signs EARL F ANDERSON & ASSOC 02/13/2017 106886 0113406 -IN 101-45200-223 signs Total 106886: ECM PUBLISHERS INC 02/13/2017 106887 445374 101-41900-352 01/17/2017 -Public Hearing ECM PUBLISHERS INC 02/13/2017 106887 450746 101-41900-352 Ord 173 Publish ECM PUBLISHERS INC 02/13/2017 106887 450747 101-41900-352 Ord 182 Publish ECM PUBLISHERS INC 02/13/2017 106887 450748 101-41900-352 Ord 184 Publish ECM PUBLISHERS INC 02/13/2017 106887 450749 101-41900-352 Ord 181 Publish ECM PUBLISHERS INC 02/13/2017 106887 450750 101-41900-352 Ord 183 Publish Total 106887: ESRI 02/13/2017 106888 93243923 651-49910-416 GIS licensing ESRI 02/13/2017 106888 93243923 602-49450-416 GIS licensing ESRI 02/13/2017 106888 93243923 601-49400-416 GIS licensing ESRI 02/13/2017 106888 93243923 101-42400-416 GIS licensing Total 106888: FISCHER MINING LLC 02/13/2017 106889 111077 101-43000-224 sand for salt/sand mix FISCHER MINING LLC 02/13/2017 106889 111086 101-43000-224 sand for salt/sand mix Total 106889: FRESHWATER SOCIETY 02/13/2017 106890 20170125A 101-43000-437 road salt symposium DJ Goman Total 106890: G & K SERVICES 02/13/2017 106891 1006302224 101-43000-221 towels Department Invoice Amount 455.00 Public Works Department 192.00 Public Works Department 176.25 Parks 181.30 Central Services 143.04 Central Services 59.60 Central Services 226.48 Central Services 166.88 Central Services 59.60 Central Services 125.16 Storm Water 1,181.50 Sewer 1,181.50 Water 1,181.50 Building & Zoning 300.00 Public Works Department 1,207.09 Public Works Department 579.45 Public Works Department 135.00 135.00 Public Works Department 2.63 City of Orono Check Register - COUNCIL REPORT Page: 5 Check Issue Dates: 1/24/2017 - 2/13/2017 Feb 09, 2017 11:18AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account G & K SERVICES 02/13/2017 106891 1006302224 101-43000-226 G & K SERVICES 02/13/2017 106891 1006304596 101-41900-401 G & K SERVICES 02/13/2017 106891 1006304597 101-41900-401 G & K SERVICES 02/13/2017 106891 1006310521 101-43000-221 G & K SERVICES 02/13/2017 106891 1006310521 101-43000-226 G & K SERVICES 02/13/2017 106891 1006324806 101-43000-226 G & K SERVICES 02/13/2017 106891 1006324806 101-43000-221 G & K SERVICES 02/13/2017 106891 1006324806 101-41900-404 Total 106891: Water 51.98 locates Sewer GENUINE PARTS COMPANY/NA 02/13/2017 106892 349233 101-43000-222 GENUINE PARTS COMPANY/NA 02/13/2017 106892 349269 101-43000-222 GENUINE PARTS COMPANY/NA 02/13/2017 106892 350759 101-43000-402 Total 106892: GOPHER STATE ONE CALL 02/13/2017 106893 7000626 601-49400-489 GOPHER STATE ONE CALL 02/13/2017 106893 7010625 601-49400-489 GOPHER STATE ONE CALL 02/13/2017 106893 7010625 602-49450-489 Total 106893: GRAINGER INC 02/13/2017 106894 9323245697 101-43000-221 GRAINGER INC 02/13/2017 106894 9323734971 101-43000-221 Total 106894: GRANT WICKESBERG 02/13/2017 106895 REFUND113 999-10015 Total 106895: HACH CHEMICAL CO 02/13/2017 106896 10260069 601-49400-216 Total 106896: HENNEPIN COUNTY TREASUR 02/13/2017 106897 1000085678 101-41900-319 HENNEPIN COUNTYTREASUR 02/13/2017 106897 1000086111 101-43000-414 HENNEPIN COUNTYTREASUR 02/13/2017 106897 1000087171 101-42110-414 HENNEPIN COUNTY TREASUR 02/13/2017 106897 1000087202 101-43000-415 Description Department Invoice Amount uniforms Public Works Department 64.99 mats Central Services 10.80 mats Central Services 21.92 towels Public Works Department 2.63 uniforms Public Works Department 64.99 uniforms Public Works Department 64.99 towels Public Works Department 2.63 mats Central Services 14.40 249.98 Bluk Trailer Wire Public Works Department 48.00 Cable Ties, Electrical Tape Public Works Department 14.77 Indicator Lamp, Tail LMP, Halogen Capsule Public Works Department 33.76 96.53 2017 -annual fee Water 100.00 locates Water 51.98 locates Sewer 51.97 Storage Rack Bins -Sign Room Public Works Department 36.01 Storage Rack for Sign Room Public Works Department 165.75 Refund -Over Pmty- UB -1-135050-01 133.91 chemicals Water 569.06 569.06 Network Support -1/2017 Central Services 51.00 Dec/16-Radio Fees Public Works Department 92.90 Jan/2017-Radio Fees Police Department 2,011.46 Jan/2017-Radio Fees Public Works Department 95.30 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/24/2017 - 2/13/2017 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number HENNEPIN COUNTYTREASUR 02/13/2017 106897 1000087259 101-45200-404 Nov/16-STS Billing Parks Total 106897: Department HERC U LIFT 02/13/2017 106898 R039742 101-43000-415 Boom Lift for Xmas Removal Public Works Department Total 106898: INT L ASSOC OF PLUM MECH O 02/13/2017 106899 97440-2017 101-42400-433 2017 IAPMO Membership -R. Peitso Building & Zoning Total 106899: INTEGRATELECOM 02/13/2017 106900 14422083 101-42110-321 Phone service Police Department INTEGRATELECOM 02/13/2017 106900 14422083 101-41900-321 Phone Service Central Services INTEGRATELECOM 02/13/2017 106900 14422083 601-49400-321 Phone Service Water INTEGRATELECOM 02/13/2017 106900 14422083 602-49450-321 Phone Service Sewer Total 106900: IVERSON, DAN 02/13/2017 106901 2016-01059 101-22205 Escrow Refund -2016-01059-4649 North Arm Dr Total 106901: JACKIE YOUNG 02/13/2017 106902 012617 101-41300-319 CC meeting -01/09/17, 1/23/17, Park Comm Mtg 01/ Administration Total 106902: JAN & SARAH STRUCK 02/13/2017 106903 2015-01382 101-22205 Escrow Refund -2015-01382-3287 Casco Circle Total 106903: JEREMY BARNHART 02/13/2017 106904 JB020117 101-42400-439 Planning Commission Workshop Mtg Exp Building & Zoning Total 106904: JOHN DEERE GOVERNMENTS 02/13/2017 106905 115604658 405-48500-550 Tractor Purchase Unit 351 Total 106905: KELLY HERZOG 02/13/2017 106906 KHO12317 101-42110-437 Notary Renewal -K. Herzog Police Department Page: 6 Feb 09, 2017 11:18AM Invoice Amount 713.60 2,964.26 450.00 450.00 150.00 150.00 298.47 417.86 69.64 208.93 994.90 2,500.00 2,500.00 685.00 685.00 2,500.00 2,500.00 48.27 42,635.10 42,635.10 24.98 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/24/2017 - 2/13/2017 Page: 7 Feb 09, 2017 11:18AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number 201.92 Police Department 104.00 104.00 Police Department 234.00 Total 106906: 234.00 Public Works Department 315.86 315.86 KENNETH N POTTS PA 02/13/2017 106907 JAN 2017 101-41600-306 prosecution services-Jan/2017 Total 106907: 194.50 Central Services 980.00 Police Department 16.03 KIRBY BUILT SALES 02/13/2017 106908 KB00005044 101-45200-223 Pet Waste Bags Total 106908: 8,278.86 Public Works Department 2.49 Public Works Department 11.57 KUSTOM SIGNALS INC 02/13/2017 106909 536360 101-42110-221 repair Radar for Squad #246 Total 106909: L-3 COMMUNICATIONS 02/13/2017 106910 0250302 -IN 101-42110-221 Transmitter Total 106910: LANO EQUIPMENT 02/13/2017 106911 03415591 101-43000-403 Filter for Bobcats, 451 & 452 Total 106911: LOGIS 02/13/2017 106912 42274.1 101-41900-319 Bal Due Backups LOGIS 02/13/2017 106912 42777 10142110-310 Police Records 12/2016 LOGIS 02/13/2017 106912 42777 101-42110-329 Internet -12/2016 LOGIS 02/13/2017 106912 42777 101-41900-329 Internet -12/2016 LOGIS 02/13/2017 106912 42777 101-41900-319 Backups -12/2016 LOGIS 02/13/2017 106912 42852 101-42110-221 Entrust Token LOGIS 02/13/2017 106912 42852 101-41900-221 Entrust Token LOGIS 02/13/2017 106912 42902 101-41900-416 Websense Licensing LOGIS 02/13/2017 106912 42932 101-42110-401 Video Storage Total 106912: LONG LAKE TRUE VALUE 02/13/2017 106913 B377378 101-43000-226 Gloves LONG LAKE TRUE VALUE 02/13/2017 106913 B378830 101-43000-403 Repair Parts for Sander LONG LAKE TRUE VALUE 02/13/2017 106913 B379833 101-43000-221 GT Plas Rear Spr Nozzle Page: 7 Feb 09, 2017 11:18AM Department Invoice Amount 24.98 Law/Legal Services 3,166.66 3,166.66 Parks 201.92 201.92 Police Department 104.00 104.00 Police Department 234.00 234.00 Public Works Department 315.86 315.86 Central Services 20.00 Police Department 6,017.00 Police Department 194.50 Central Services 194.50 Central Services 980.00 Police Department 16.03 Central Services 16.03 Central Services 510.80 Police Department 330.00 8,278.86 Public Works Department 2.49 Public Works Department 11.57 Public Works Department 13.29 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/24/2017 - 2/13/2017 Page: 8 Feb 09, 2017 11:18AM Department Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Public Works Department 700.20 Sewer 35,995.14 71,990.28 Building & Zoning 7,526.00 Total 106913: 7,526.00 Water 174.09 Sewer 174.09 LUBE TECH ESI 02/13/2017 106914 13315 101-43000-403 replacement fuel nozzles Total 106914: MANSFIELD OIL COMPANY 02/13/2017 106915 20175212 101-43000-212 Unleaded Fuel MANSFIELD OIL COMPANY 02/13/2017 106915 20175213 101-43000-212 Diesel Fuel Total 106915: MARK & POLLY KIEPER 02/13/2017 106916 2016-00491 101-22205 Escrow Refund -#2016-00491-2695 Kelly Ave Total 106916: MARK J TRAUT WELLS INC 02/13/2017 106917 C13.111233. 601-16500 RFP#4 Well #4 MARK J TRAUT WELLS INC 02/13/2017 106917 C13.111233. 601-20600 RFP#4 Well #4 Total 106917: MEDIACOM 02/13/2017 106918 FEB17-4327 614-49840-329 internet 1/17, 2/17 MEDIACOM 02/13/2017 106918 FEB17-4327 101-42110-329 internet 1/17, 2/17 MEDIACOM 02/13/2017 106918 FEB17-4327 101-41900-329 internet 1/17, 2/17 MEDIACOM 02/13/2017 106918 GCJAN 17-3 614-49840-329 GC cable -01/17 Total 106918: MET COUNCIL ENVIRONMENTA 02/13/2017 106919 0001062815 602-49450-383 Feb/2017-Wastewater Charges MET COUNCIL ENVIRONMENTA 02/13/2017 106919 0001063824 602-49450-383 March/2017-WasteWater Svcs Total 106919: METRO WEST INSPECTIONS S 02/13/2017 106920 DEC2016 101-42400-310 Dec/16 Inspection Services Total 106920: METROPOLITAN FORD 02/13/2017 106921 301847 601-49400-402 repair Unit 712 METROPOLITAN FORD 02/13/2017 106921 301847 602-49450-402 repair Unit 712 Page: 8 Feb 09, 2017 11:18AM Department Invoice Amount Police Department 27.35 Public Works Department 210.79 Cable Franchise 210.79 Public Works Department 2,574.01 Public Works Department 700.20 3,274.21 700.00 Cable Franchise 1,187.00 Police Department 593.50 Central Services 593.50 Cable Franchise 7.34 2,381.34 Sewer 35,995.14 Sewer 35,995.14 71,990.28 Building & Zoning 7,526.00 7,526.00 Water 174.09 Sewer 174.09 City of Orono Check Register - COUNCIL REPORT Page: 9 Check Issue Dates: 1/24/2017 - 2/13/2017 Feb 09, 2017 11:18AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106921: 348.18 MICHAEL R. & JANELLE K. SHIE 02/13/2017 106922 201400137 101-22205 Escrow Refund -#2014-00137-364 Westlake Street 10,000.00 Total 106922: 10,000.00 MINNEAPOLIS OXYGEN COMPA 02/13/2017 106923 00003191 101-42110-221 Medical Oxygen Police Department 11.21 MINNEAPOLIS OXYGEN COMPA 02/13/2017 106923 20011099 101-42110-221 Medical Oxygen Police Department 144.56 Total 106923: 155.77 MINNESOTA EQUIPMENT 02/13/2017 106924 P27965 101-43000-403 Unit 351 Driveshaft Tractor to Broom Public Works Department 96.45 MINNESOTA EQUIPMENT 02/13/2017 106924 P27965 101-45200-403 Unit 351 Driveshaft Tractor to Broom Parks 96.46 MINNESOTA EQUIPMENT 02/13/2017 106924 P27966 101-43000-403 Unit 351 Service Parts Public Works Department 92.65 MINNESOTA EQUIPMENT 02/13/2017 106924 P27966 101-45200-403 Unit 351 Service Parts Parks 92.66 MINNESOTA EQUIPMENT 02/13/2017 106924 P52931 101-43000-226 Tree Trimming Helment-R Rice Public Works Department 73.95 Total 106924: 452.17 MINNESOTA PUMP WORKS 02/13/2017 106925 10425 601-49400-227 Locator Water 4,800.00 Total 106925: 4,800.00 MINT ROOFING 02/13/2017 106926 62690 101-41900-404 Post Office roof repair Central Services 416.37 Total 106926: 416.37 MN CITY COUNTY MGMT ASSO 02/13/2017 106927 59 101-41110-433 2017 Membership Dues Mayor & Council 3,326.00 Total 106927: 3,326.00 MN DEPT OF PUBLIC SAFETY 02/13/2017 106928 2717000032 601-49400-404 hazardous chemical inventory fee 2017 North water Water 100.00 MN DEPT OF PUBLIC SAFETY 02/13/2017 106928 2717000042 601-49400-404 hazardous chemical inventory fee 2017 Navarre wat Water 100.00 MN DEPT OF PUBLIC SAFETY 02/13/2017 106928 2717000062 101-43000-404 hazardous chemical inventory fee 2017 PW Public Works Department 25.00 Total 106928: 225.00 MN DEPT OF REVENUE -WIRE 02/13/2017 106929 DEC2016 SA 101-34210 Dec/16-General Sales tax 1.00 MN DEPT OF REVENUE -WIRE 02/13/2017 106929 DEC2016 SA 101-34650 Dec/16-Police Reports Sales tax 7.00 City of Orono Check Register - COUNCIL REPORT Page: 10 Check Issue Dates: 1/24/2017 - 2/13/2017 Feb 09, 2017 11.18AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount MN DEPT OF REVENUE -WIRE 02/13/2017 106929 DEC2016 SA 601-39610 Dec/16-Water Meter Sales tax 22.00 Total 106929: 30.00 MN DNR OMB 02/13/2017 106930 1970-1351 601-49400-441 2016 water use Water 959.17 Total 106930: 959.17 MN LAW ENFORCEMENT EXPL 02/13/2017 106931 2017-ORON 101-42110-229 2017 Explorer conference attendees Reg-April/17 Police Department 2,240.00 Total 106931: 2,240.00 MN NCPERS GROUP LIFE INS 02/13/2017 106932 6732217 101-21710 Pere life 02/2017 448.00 Total 106932: 448.00 MN SHERIFFS ASSOCIATION 02/13/2017 106933 130320 101-42110-437 REg Trg-Licensed Use of Force -J. Needham Police Department 495.00 Total 106933: 495.00 MORRIES BODYWORKS 02/13/2017 106934 20503 101-42110-402 Replace cracked Windshield Squad #237 Police Department 831.62 Total 106934: 831.62 MOTOROLA 02/13/2017 106935 13145352 406-48720-575 portable Radios 32,050.00 Total 106935: 32,050.00 MOUND TRUE VALUE 02/13/2017 106936 141039 101-42110-228 Armory Supplies Police Department 69.95 MOUND TRUE VALUE 02/13/2017 106936 141129 101-42110-404 25 foot retract cord reel Police Department 99.98 MOUND TRUE VALUE 02/13/2017 106936 141143 101-42110-404 Blue paint tape, screws, nuts, bolts Police Department 4.29 MOUND TRUE VALUE 02/13/2017 106936 141267 101-42110-240 Snap Link, Chain Snap, gear tie Police Department 9.37 MOUND TRUE VALUE 02/13/2017 106936 141283 101-42110-240 Screws, Mirco Hook Strips, Snap Link, Chain Snap Police Department 4.79 MOUND TRUE VALUE 02/13/2017 106936 141312 101-42110-221 Velcro, Red Lens Tape Police Department 7.98 Total 106936: 196.36 MUNICIPAL CODE CORPORATI 02/13/2017 106937 00280511 101-41900-352 code updates Central Services 1,638.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/24/2017 - 2/13/2017 Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Total 106937: NEWEGG INC 02/13/2017 106938 1300131446 101-43000-221 Dual Monitor Mount StandDJ NEWEGG INC 02/13/2017 106938 1300131446 405-48500-575 Dual Monitor Mount Stand-RO Total 106938: NORTON HOMES 02/13/2017 106939 #2016-01134 101-22205 Escrwo Refund -#2016-01134 1105 Brown Rd Total 106939: NOVA COMMUNICATIONS 02/13/2017 106940 107652 101-42110-401 Voice Mail Issue -PD Total 106940: OFFICE DEPOT 02/13/2017 106941 8962143130 101-41900-201 Files, pocket files, Post -Its OFFICE DEPOT 02/13/2017 106941 8972669750 101-42110-570 Chair Total 106941: OPTUM 02/13/2017 106942 943644 101-41900-319 4th/Qtr HSA Maint Fee Total 106942: PREMIER LIGHTING, INC. 02/13/2017 106943 37575 101-43000-404 Engery Saving Lighting System PREMIER LIGHTING, INC. 02/13/2017 106943 37575 101-41900-404 Engery Saving Lighting System Total 106943: RANDYS SANITATION INC 02/13/2017 106944 1-241681-3.J 101-41900-404 Jan/17-Trash Svcs Total 106944: RDO EQUIPMENT 02/13/2017 106945 P15896 101-43000-403 Dust Cap Total 106945: SAFETY VEHICLE SOLUTIONS 02/13/2017 106946 1668 101-43000-222 Warning Light Bar for Unit709 SAFETY VEHICLE SOLUTIONS 02/13/2017 106946 1669 101-43000-402 Warning Lights for Units 425 & 427 Department Public Works Department Police Department Central Services Police Department Central Services Public Works Department Central Services Central Services Public Works Department Public Works Department Public Works Department Page: 11 Feb 09, 2017 11:18AM Invoice 1,638.00 71.98 71.99 1,632.17 1,632.17 260.56 179.00 220.00 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/24/2017 - 2/13/2017 Page: 12 Feb 09, 2017 11:18AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106946: 399.00 SECOND NATURE GRAPHICS 02/13/2017 106947 194 101-41900-352 business cards Central Services 146.00 Total 106947: 146.00 SEH DESIGN BUILD, INC. 02/13/2017 106948 1843 601-49400-405 Orono WTMS Hydropillar Tank Water 4,900.00 Total 106948: 4,900.00 SHI 02/13/2017 106949 805902613 101-42110-416 2017 SymanticAntivirus Police Department 323.00 SHI 02/13/2017 106949 B05902613 601-49400-416 2017 Symantic Antivirus Water 50.00 SHI 02/13/2017 106949 805902613 602-49450-416 2017SymanticAntivirus Sewer 100.00 SHI 02/13/2017 106949 B05902613 101-41900-416 2017 SymanticAntivirus Central Services 173.00 Total 106949: 646.00 SIMPLEX GRINNELL 02/13/2017 106950 83307991 101-41900-404 PW Dry Sprinkler System Central Services 805.79 Total 106950: 805.79 SOJOURNER 02/13/2017 106951 2017 101-42110-319 2017 -Domestic Violence advocacy svcs Police Department 6,700.00 Total 106951: 6,700.00 STAR TRIBUNE 02/13/2017 106952 1069427 -PD- 101-42110-208 2017 subscription acct 1069427 -PD Police Department 324.48 STAR TRIBUNE 02/13/2017 106952 1913693.201 101-41300-208 1/5/17-4/6/17- subscription acct 1913693 Administration 44.20 STAR TRIBUNE 02/13/2017 106952 3009532 -PW 101-41900-352 2017 subscription acct 3009532-2/17-2/18 Central Services 169.00 Total 106952: 537.68 TELPLEX COMMUNICATIONS 02/13/2017 106953 163678819 101-45210-321 Long Distance -Golf Course Golf Course 19.21 Total 106953: 19.21 THE SIGN AGE INC 02/13/2017 106954 36658 101-42110-352 business cards -J. McCoy Police Department 75.00 Total 106954: 75.00 City of Orono Check Register - COUNCIL REPORT Page: 13 Check Issue Dates: 1/24/2017 - 2/13/2017 Feb 09, 2017 11:18AM Department Invoice Amount Public Works Department 11.04 Police Department Water Check Check Invoice Invoice GL Account Description Payee Issue Date Number Number Water 13.28 TOLL GAS & WELDING SUPPLY 02/13/2017 106955 40059658 101-43000-224 cylinder & Demurrage Total 106955: TONY WITTKE 02/13/2017 106956 TW012317 101-42110-437 Remiburse-Trng Meal Total 106956: TRI CITY LAB 02/13/2017 106957 JAN 2017 601-49400-489 water testing TRI CITY LAB 02/13/2017 106957 JAN 2017.2 601-49400-489 P/ATotal Coliform Total 106957: TRUE VALUE HARDWARE 02/13/2017 106958 299866 101-42110-228 Armory Supplies TRUE VALUE HARDWARE 02/13/2017 106958 299878 101-43000-403 3 -pack STI Strap TRUE VALUE HARDWARE 02/13/2017 106958 299934 601-49400-227 Batteries, Notebook Total 106958: ULINE 02/13/2017 106959 83773353 101-41900-201 plastic bags Total 106959: UNITED STATES POSTAL SERVI 02/13/2017 106960 PD BOX 201 101-42110-322 Po Box 86 Total 106960: US BANK NATIONAL ASSOCIATI 02/13/2017 106961 2700.2016 235-45690-489 2nd Half TIF 2016 Total 106961: VALLEY PAVING INC 02/13/2017 106962 C13.110827. 402-48056-590 Watertown Road Phase II VALLEY PAVING INC 02/13/2017 106962 C13.110827. 402-20600 Watertown Road Phase II Total 106962: VANGUARD CLEANING SYSTE 02/13/2017 106963 50367 101-41900-407 Janitorial service VANGUARD CLEANING SYSTE 02/13/2017 106963 50367 101-42110-407 Janitorial service Department Invoice Amount Public Works Department 11.04 Police Department Water 412.00 Water 31.50 443.50 Police Department 57.23 Public Works Department 2.98 Water 13.28 73.49 Central Services 272.55 Police Department 92.00 Watertown Road 1,040.82 - Central Services 1,435.50 Police Department 1,039.50 City of Orono Check Register - COUNCIL REPORT Check Issue Dates: 1/24/2017 - 2/13/2017 Page: 14 Feb 09, 2017 11:18AM Payee Check Issue Date Check Number Invoice Number Invoice GL Account Description Department Invoice Amount Total 106963: 2,475.00 WAYZATA BAY CAR WASH 02/13/2017 106964 113016 101-42110-402 car washes Police Department 10.55 Total 106964: 10.55 WEILANDS ALL SEASONS CLINI 02/13/2017 106965 23887 101-42110-404 Repair Gas Leak & Replace Gas Valve Police Department 418.75 Total 106965: 418.75 WHEELER LUMBER LLC 02/13/2017 106966 1220-036773 101-45200-223 Posts for Parking Lot Parks 404.00 Total 106966: 404.00 WILLIAMS TOWING 02/13/2017 106967 143323 231-45650-436 Case#17-498 155.00 WILLIAMS TOWING 02/13/2017 106967 143341 231-45650-436 Flatbed 155.00 Total 106967: 310.00 WINDSTREAM 02/13/2017 106968 68793753 602-49450-321 01/22/17-02/21/17 Sewer 55.72 Total 106968: 55.72 WRIGHT HENNEPIN ELECTRIC 02/13/2017 106969 JAN 2017 101-43000-386 Electrical Svc -12/01/16-01/10/17 Public Works Department 120.94 WRIGHT HENNEPIN ELECTRIC 02/13/2017 106969 JAN 2017 602-49450-381 Electrical Svc -12/01/16-01/10/17 Sewer 41.53 Total 106969: 162.47 ZAHL EQUIPMENT 02/13/2017 106970 0223555 -IN 101-43000-403 Repair -Seal Hoist in Shop Public Works Department 422.53 Total 106970: 422.53 Grand Totals: 440,815.52 REQUEST FOR COUNCIL ACTION DATE: February 13, 2017 ITEM NO: 24 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Closed Meeting Title City Administrator Item Description: Closed Meeting for Attorney -Client Privilege The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3(b)) to discuss pending litigation. Matthew and Susanne Johnson/David and Archelle Feldshon v. City of Orono, et. al. Court File 27 -CV -17-1030. The meeting does not need to be tape recorded and no further City Council business will be conducted after the closed meeting other than to adjourn. REQUEST FOR COUNCIL ACTION DATE: February 13, 2017 ITEM NO: 25 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Y"-4 Closed Meeting Title City Administrator Item Description: Closed Meeting for Attorney -Client Privilege The meeting will be closed as permitted by the attorney-client privilege (section 13D.05, subdivision 3(b)) to discuss a potential settlement with the EPA. The meeting does not need to be tape recorded and no further City Council business will be conducted after the closed meeting other than to adjourn.