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06-17-2019 Planning Commission Packet
PUBLIC ATTENDANCE MEETING DATE l.Ql11 119 ❑ COUNCIL VI PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. + Y.% o oma' z o fl ;,?,,,747: „Co F� �... w=. .. -i L, "'" hu PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1.a =A )/ �ti f r C.�G�-2- ( +�U`'` r� �/''`�"'1i` ( � �� �.5 r � _ 0 GO d ' I 3. Gpflo•-tv _ C (.,c, 4. r?c� �r� ����,�., 1� Iyo Leo-C - �.Ri9 - oac,038 5. 047 \ft t"A 6. a 65.4 iLn oE� 7. 44-17 lrfJGzT�I� 4/40PA1145 57' Aildflut44. 8. ;2£rkrfifIC. c11- � 1L L197J�li L f 9 ' 3k, s. V-CUtitt614 Lot-U (6c /taotlo“ 2 tit/'-ODoo37 10. 1#14A1-e-spei �� Z 9 �'A °IGSI Pr i2o-cA L4 ',_ Gdoo '12 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC -W1 YO Agenda Planning Commission Meeting Monday, June 17,2019,6:30 P.M. ,. G- Orono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 <4 C) 952-249-4600 /www.ci.orono.mn.us Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet— located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Richard F. Crosby II Pledge of Allegiance Approval of Agenda Approval of Minutes New Business 1. LA19-000032 John Adams, 2265 North Shore Dr,Wetland Alteration Permit/Rezoning (Staff: Melanie Curtis) 2. LA19-000036 Brent Teele, 577 Park Lane,Variance (Staff: Laura Oakden) 3. LA19-000037 Todd and Kathrin Long, 565 Hanlon Ave,Variance (Staff: Melanie Curtis) 4. LA19-000038 Gregg Katchmark, 140 Leaf Street,Variance (Staff: Laura Oakden) 5. LA19-000039 Brandstetter Carroll, Inc., 645 Tonkawa Road/Camp Teko, Amendment of the existing Conditional Use Permit and Variances (Staff: Laura Oakden) 6. LA19-000040 L. Cramer Builders & Remodelers,3280 Fox Street, Interim Use Permit (Staff: Melanie Curtis) 7. LA19-000042 Mathew Jasper, 1929 Fagerness Point Road, Interim Use Permit (Staff: Laura Oakden) 8. LA19-000043 Vujovich Design-Build,951 Spring Hill Road,Variance (Staff: Melanie Curtis) 9. Update on June 10, 2019 City Council meeting Adjourn Planning Commission Liaison to July 8, 2019 City Council meeting:John Thiesse Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification Date Application Received: 05/09/19 O Date Application Considered as Complete:05/21/19 S- .ATo 60-Day Review Period Expires: 07/20/19 To: Chair Ressler and Planning Commission Members <I\t Dustin Rief, City Administrator lkESHO From: Melanie Curtis, Planner mcc Date: 17 June 2019 Subject: #LA19-000032,John Adams o/b/o Gregg& Denise Steinhafel, 2265 North Shore Dr Wetland Alteration Rezoning—Removal of Wetland from Wetland Overlay District Public Hearing Application Summary: The applicant is requesting approval of a wetland alteration and rezoning approval in order to remove a wetland from the City's Wetland Overlay District. Staff Recommendation: Planning Department Staff recommends approval. Background The property owners are contemplating creating a building pad for a sport court approximately 300 feet northeast of the existing home on the subject property. The desired location of the building pad/sport court conflicts with an existing 958 square foot Type 1 seasonally flooded wetland. They propose to mitigate this wetland with the purchase of wetland bank credits out of the city. According to the homeowners,this is the most practical location on the property for the improvement. The wetland is within±300 feet from the OHWL of Lake Minnetonka, and therefore is within the Shoreland. A wetland in the Shoreland less than 400 square feet is considered de minimus, and may be altered without the need to provide a replacement plan, per the Wetland Conservation Act. To impact or fill a wetland,the Watershed district must approve the Sequencing and Replacement Plan, and the City must approve a rezoning(removing the wetland from the City's wetland Map) and issue a wetland alteration permit, per Section 78-1610, attached as Exhibit D. Rezoning is necessary so the wetland is no longer subject to the standards of the Wetland Overlay District according to City Code Section 78-1609. The total land disturbance proposed is approximately 14,000 square feet of cut and fill to create the building pad.There will be approximately 124 cubic yards of fill material imported to the property. An administrative land alteration/grading permit will be required to undertake this project should it be approved by the City. MCWD Review In February,the applicant applied for Sequencing and Replacement Plan approval from the Minnehaha Creek Watershed District (MCWD) pursuant to Wetland Conservation Act (WCA) regulations in order to conduct the filling activities. FILE#LA19-000032 17 June 2019 Page 2 of 3 The Sequencing application was reviewed by the Technical Evaluation Panel (TEP) consisting of representatives from Hennepin Conservation District,Army Corps of Engineers, MnDNR, Board of Water and Soil Resources,the MCWD the City.The sequencing review process is meant to ensure that alternatives to the proposed wetland alterations were considered prior to the request for alteration approval.The TEP was working with the applicant and their representatives to determine whether or not the proposed alterations met the sequencing criteria. Based on the applicant's proposal and the site characteristics,the TEP expressed concerns regarding the wetland impact area and requested more detailed information, specifically a tree survey, as the applicant chose the site to minimize mature tree removals. Other alternate locations would result in a greater tree removals. The TEP recommended a tree survey be provided to assist in the determination;the applicant agreed.A tree survey for the proposed site and three alternatives sites dated April 8th, 2019 was submitted to MCWD on April 10th, 2019. On April 24th, 2019 MCWD requested a second TEP meeting onsite to be scheduled on May 7th, 2019. It was at that time the applicant's representative requested that there not be a second TEP as the 60 day deadline for the Local Government Unit (LGU)to issue a Notice of Decision (NOD) had expired on April 9th, 2019 and indicated that the replacement application should be approved by default. See Page 4 of Exhibit E for more detail regarding the TEP comments and application timelines. Because the MCWD did not extend the 60 day deadline,the applicant's request for Sequencing and Replacement plan is considered to be approved. Rezoning-Wetland Overlay District In establishing a wetland overlay district over all known wetlands, Section 78-1603 (attached as Exhibit D) includes direction regarding previously unidentified wetlands;these wetlands may be identified by wetland delineations under WCA rules. If a specific wetland delineation has been done under WCA rules,then the boundaries of the wetland overlay district for that location will be as shown in the delineation.Therefore all wetlands delineated and approved by the MCWD become part of the City's wetland overlay district. The newly delineated wetland on the applicant's property is, per Section 78-1603, part of the wetland overlay district. Section 78-1609(a) includes some standards to be considered when removing lands from the wetland overlay district: "These amendments must be consistent with the purpose of this article, the city's surface water management plan and the goals and policies of the community management plan. In determining the appropriateness of a rezoning request, the city council will consider: • the size of the wetland overlay district, • the magnitude of the area proposed for removal, • hydrological and ecological effects, and • the type and function of wetlands involved in order to provide the maximum feasible protection." FILE#LA19-000032 17 June 2019 Page 3 of 3 Wetland Alteration Permit City Code Section 78-1610 provides guidance for reviewing a wetland alteration permit and states that alteration of a wetland will only be allowed if an equal amount of water storage is provided. Section 78-1610 also states that, unless otherwise approved by the city council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered.According to the Notice of Application,the MCWD has authorized off site mitigation. 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 this proposed wetland map change to be consistent with the purpose of the wetland protections, and the comprehensive plan? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested approval(s)? 4. Are there any other issues or concerns with this application? Planning Staff Comment Planning Staff observes that the removal of the wetland and the subsequent grading will likely not impact adjacent properties or the lake. List of Exhibits Exhibit A. Application Summary Exhibit B. Survey Exhibit C. Site Plan Exhibit D. City Code Sections Exhibit E. Wetland Replacement Plan: W19-01 NOD Exhibit F. Army Corps of Engineers—Permit Exhibit G. Property Owners List Exhibit H. Plat Map References • 2040 Community Management Plan Land Use Application Summary Application Date: 05/09/2019 Address: 2265 NORTH SHORE DR WAYZATA, MN 55391 Parcel Number: 1011723330005 Land Use Number: LA19-000032 Application Submitted By: Agent on behalf of property owner Owner: Name: GREGG W/DENISE E STEINHAFEL Address: 2265 NORTH SHORE DR WAYZATA, MN 55391 Applicant: Name: John Adams Company: Address: 2265 North Shore Drive Orono,MN 55391 Jadams@cbburnet.com Contact Information: Associated Contact: Travis Fristed Travis.Fristed@is-grp.com Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Associated Contact: Project Description: Ordinance Amendments including Rezoning(Amend Wetland Map) Land Use Application Type: Amendmend Application 1 Appeal of Admin Decision Li Concept Application Conditional Use Permit Site Plan Application L Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: JajA 4"/ Updated Project Narrative The applicant is proposing to build an 80 foot by 40 foot building pad for the future construction of a sport court located on a private residence in the City of Orono. Construction activities will include importing fill, grading of the earthen building pad,and road access to driveway. Total land disturbance will be up to 11,000 s.f. of cutting and filling. Future construction on the building pad will consist of a sport court surface. Please refer to the attached site plan (Sheet 2). Construction and installation of these elements will permanently impact one Type 1 wetland,totaling 0.022 acres (958 sq.ft.) of wetland fill which we are replacing with 0.044 acres (1,9,16 sq. ft.) of wetland credits in Hennepin County. The total fill is 358 cubic yards, however the net borrow/import fill is 124 cubic yards. CERTIFICATE OF SURVEY FOR NORTH SHORE MEADOWS, LLC IN SECTIONS 10 AND 15,TOWNSHIP 117,RANGE 23 HENNEPIN COUNTY,MINNESOTA — -- -- - rC".s... EiQbwi-]—� / 120AD NO. .'il --S.-89'53'25'E 191. �il'.��'e�.l:l \ vIv�-� 0 _ _ I v v v �_ „. 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I va I — �\l V / // / ri --' 1 '� A / __ , , s, .)‘, , „ , , , , „,.. .„,, ..\\ , , ,, „„ ,„,. ,/ ,,..„.„.„/„.__.,_..,_„:„.• .„„„„„„...../..„.„___N., __,_________ , ,} \,\ .„, , , , ,, , ,,,,, . ;,..,\.\\ , ), , z,,/ i\--) /r '% ,, ,-._.,'1 ,-',',\‘',;,/v1 I i 1/ i v vv vv vv , II 1, II ,v I I .N ,i� v I v ".e / , III Ii / i ���. vv/vvv v dv Avg '\,'--', -- A '� vvv l/l�//// / ,� I .oro ,. �N'/ A PAr`C ���v \V�� /)//7/1//;//:/ ;' v O ,�i w � PA CELS __ _ � � ._ / .--N ‘•\‘‘-' ‘`• it;.�a \ /\\ —/'\----- / /it \Ci -'i / 1/ , -,' / - �/vv � , R /i .,i vv ` - `� IV I v / —0 AI ._J11II1 / / i. 1T30«Li ALONG II I 1 / 1 "'- / e -�e.m. 99s�00NTOUR L I 1 A �_ /� � r I' J%6j Wetland to be filled I I V // , , '_ vA�\ °,/ 1,1 • 7 // I1/it / I' '/ / i I' ,,� N\ /.7 I , seg zssl� jay - - — – I 1k , ‘,\., s � S 89,9,911E SU 89 1 Ili �• /� v _,.„, � / 4 _ I ,,.� //� '�\, �� ,j/ i` � / , i �e � \ ,tea ' O ` ma vvv I * 4„,,t;i ,\ ,\-\•*:,,,.'; ,, y, +� �/'/ 93SA CONTOUR 14 . Yr,1\.:,, _ ,,,,, ,,e1I !, \_ (((( ,,,, ,,,,,,,, •ii,,,,,.r, --,,,,,,/,,__=..„ r/,, , r,; ; W ,,/„ t414-4, t III,;,,J'irrY� ' Ig,\�r / //jig /kg11 MLONGwARq7.�OT ELMRENEO7LOA rEU L5NOf CORONOSo / /4), /i1\ \ ]35�19,R' �W �u� wa.r, 0 —_— inee led try ISG O CM1' / .naro.=VIM \ /� 1 0 100 200 400 / 1 .. SCALE IN FEET 2 REVISIONS 7ESIGN c tneretn..../ M.'9...oro,.% N 't,...,,7;''' b GRONBERS,&ASSOCIATES, INC. CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS T (-NECEc �1l ,.a 445 N.WILLOW DRIVE LONG LAKE,MN 55356 ,...,, PHONE:952-4734141 FAX:9524734435 - - " l - { EROSION CONTROL LEGEND ,, ., , 1... • „` 4,* ' '* .f.,..":.1.4.-" ", 4,-.tf.4,..7• " ,--,-4*.L.,.z.cf.. '*Ff` N a.' r ;4,trti.,p''* _ -r ?" c ,,FT s_:.' & + ,,; sEARTHWORKSUMMARY� t vtie . canon ¥:= ..>� _ �' ',:+� 0... '11-- , <F :� s a / °� #' o a 'u...�maan ago«.. a ..," • p # Y • f E.F vo ra `- ' '*r k �t_ e 9 t - a '4' NORTH SHORE y. #. a ,`° v,c-a -3 Imo. "` v,# i - MEADOW S .- .* _ a- ; + x O 4.«. �� �, ,Y'"�` c ''/ .err - *a, lw, +4�" '-.4.1,‘31:: ::i: � i5 ' qt t © # *° oao.o HHe ili£�� `-e. ".� `::. -. �i '..x sus d .':'::.'-t-?. ° i1 '+` :-' x t o.a o . k �.-P# � $ Tia N. � . i.•, •I �� *.• FUTURE SPORT r - �� �t r ' t ' _ COURT E w r ( r }` / _ `a.'- of 2 ARTICLE XI. -WETLANDS PROTECTION DIVISION 1. -GENERALLY Sec. 78-1601. -Purpose and intent. (a) The purpose of this section is to recognize, preserve and protect the environmental, aesthetic and hydrologic functions of the city's wetlands by regulating the use of wetlands and their adjacent properties in conjunction with the goals of the environmental protection plan within the community management plan. These functions include, but are not limited to, sediment control, pollution control, filtration, fish and wildlife habitat and aquifer recharge. The surface water management plan will provide guidance for stormwater treatment requirements and wetland restoration opportunities in order to protect the integrity of wetlands. (b) The intent of this section is to protect wetlands to the maximum extent possible while allowing a reasonable use of the property. This section adopts the regulations and standards of the Wetland Conservation Act of 1991 (WCA), Laws of Minnesota 1991, Chapter 354, as amended, and the rules adopted pursuant to the WCA. It also establishes a wetland overlay district. This overlay district further regulates the underlying land use as allowed by other districts or the WCA. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 94 3rd series, § 8, 9-24-2012; Ord.No. 103 3rd series, § 1, 5-28-2013) DIVISION 2. - DESIGNATION OF PROTECTED WETLANDS Sec. 78-1602. -Wetland types. The wetlands protected and regulated by this section are types 1, 2, 3, 4, 5, 6, 7, and 8 wetlands, as defined in circular 39, "Wetlands of the United States", 1971 edition, United States Department of the Interior, unless the wetland is within a shoreland district in which case the more restrictive rules regarding setbacks would apply. Protected wetlands are further defined as follows: (1) Type 1—Seasonally flooded basins or floodplains: Type 1 wetlands are seasonally flooded basins or flats in which soil is covered with water or is waterlogged during variable seasonal periods but usually is well-drained during much of the growing season. Type 1 wetlands are located in depressions and in overflow bottom lands along water courses. Vegetation varies greatly according to the season and duration of the flooding, and includes bottom land hardwoods, as well as herbaceous plants. (2) Type 2—Inland fresh meadow: Occurs along the shallow edges of lakes, marshes and floodplains, or in perched depressions. The soil is usually without standing water during much of the growing season, but is waterlogged within at least a few inches of the surface. Vegetation includes grasses, sedges, rushes and various herbaceous plants. (3) Type 3—Inland shallow fresh marsh: Soil is usually water logged during the growing season, often covered with as much as six inches or more of water. Vegetation includes grasses, bulrushes, cattails, arrowheads, smartweeds and other emergent aquatic vegetation. (4) Type 4—Inland deep fresh marsh: Soil covered with six inches to three feet or more of water during growing season. Vegetation includes cattails, reeds, bulrushes and wild rice. Open water areas may contain pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. (5) Type 5—Inland open fresh water: Water is usually less than ten feet deep and is fringed by a border of emergent vegetation. Vegetation includes pondweeds, naiads, coontail, water milfoils and other submergent aquatic vegetation. (6) Type 6—Shrub swamp: Occurs along sluggish streams or on floodplains. The soil is usually waterlogged during the growing season, and is often covered with as much as six inches of water. Vegetation includes alder, willow and dogwood. (7) Type 7—Wooded swamp: Occurs along sluggish streams, on floodplains, on flat perched depressions and in shallow lake basins. The soil is waterlogged to within a few inches of its surface during the growing season and is often covered with as much as one foot of water. Vegetation typical to this wetland includes tamarack, white cedar, black spruce, balsam fir, red maple and black ash. (8) Type 8—Bog: Occurs along sluggish streams, on flat perched depressions and shallow lake basins. The soil is waterlogged and supports a spongy covering of mosses. Vegetation typical to this wetland type includes sphagnum moss, heath shrubs and sedges. Minnesota bogs contain leatherleaf, Labrador tea, cranberries and pitcher plants. Scattered stunted black spruce and tamarack also are common features of bogs. (Ord.No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1603. - Boundaries of the wetland overlay districts and designation of official city wetland map. This section establishes wetland overlay districts. These districts are subject to additional requirements beyond those required by the WCA. The boundaries of the wetland overlay districts are identified graphically on the official city wetland map (CWM)which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. Wetlands in addition to those shown on the city wetland map may exist, and may be identified by wetland delineations under WCA rules. If a specific wetland delineation has been done under WCA rules, then the boundaries of the wetland overlay district for that location will be as shown in the delineation. The city may require wetland delineations to determine compliance with WCA rules and to determine administrative wetland boundaries; however, property owners may have wetland delineations done for their properties on their own initiative. The delineation must be done by a qualified professional according to WCA rules and be acceptable to the city administrator, who may require review by city consultants or a technical evaluation panel if necessary. Approved WCA wetland delineations must be provided to the city in a hard copy format and a CAD or GIS format in Hennepin County coordinates. The city administrator will have the approved WCA wetland delineations shown on the official city wetland map. Public waters are not included in the overlay district, unless a wetland is part of a public water. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 196 3rd series, § 1, 5-22-2017) Sec. 78-1604. -Interpretation of wetlands boundaries. Whenever a wetland boundary is disputed or uncertain, the city administrator may require the submission of a registered survey of the property and field staking showing the city-designated wetland contour or a delineation of the wetland, and such other information as the director may require in order to resolve the dispute or uncertainty. The city administrator may require review by city consultants or a technical evaluation panel if necessary. No boundary change may be authorized on the basis of fill that was placed on the site after the city designated the area as part of the wetland overlay district. Persons aggrieved by a decision of the city administrator may appeal such decision in accordance with the provisions of section 78-99 of this chapter and the WCA rules. a. Delineation types. A Tier 1 Boundary determination is a review of known information to determine an understood boundary, and may be used when the proposed project is located on a lot where a wetland is believed to exist, but the project is not likely to impact the wetland due to project scope, distance, and/or topography. Known information may include aerial photography, third party studies, and/or site visits. A Tier 1 Boundary determination is not a delineation. A Tier 2 Delineation is a delineation is conducted by a certified wetland delineator and verified by the Local Government Unit. Tier 2 delineation information shall be provided on a certified certificate of survey. b. Delineation required. The type of delineation shall be determined by the city administrator or their designee. Tier 1 Boundary determinations may be required for accessory structures, accessory buildings, and other projects primarily outside the wetland or wetland buffer area. Tier 2 Delineations shall be required for projects that include a new residential principal structure, a project that impacts the wetland, a subdivision, or a project that otherwise is regulated by the Waterbody Crossings and Structures Rule or Stormwater Management Rule of the Minnehaha Creek Watershed District, unless waived by the Watershed District. A Tier 2 Delineation may also be required for a project proposed at or within 5' of the buffer/setback line. A Tier 1 Boundary determination may be substituted for the Tier 2 delineation when the applicant can demonstrate the wetland boundary location to the satisfaction of the city and the watershed district, due to topography, distance of the project to the wetland, site specific features, and known information. (Ord. No. 28 3rd series, § 1, 8-22-2005; Ord.No. 196 3rd series, § 2, 5-22-2017) DIVISION 3. -BUFFER AREAS Sec. 78-1605. -Wetland buffer areas and setbacks. (a) This subsection establishes authority for wetland buffer areas around protected wetlands. Buffer areas are necessary and beneficial to maintain the health of wetlands. Buffer areas protect the edge of wetlands from erosion while filtering sediment, chemicals and other nutrients from runoff that drains into wetlands. Buffer areas can improve the biological diversity and health of a wetland environment while reducing the adverse impacts of human activities. (b) All wetlands within the City of Orono are within the Minnehaha Creek Watershed District (MCWD), which has rules and regulations for the establishment and maintenance of wetland buffers. In an effort to avoid overlapping or conflicting regulations, the city defers jurisdiction for the establishment and maintenance of wetland buffers to the Minnehaha Creek Watershed District. If application of MCWD buffer regulations is in conflict with city regulations, the Watershed District requirements shall apply. (c) Setbacks. Where the MCWD has established or requires a wetland buffer, the wetland buffer rules shall apply. i. Where the MCWD does not require a buffer, a 25 foot setback shall be required between the edge of all wetlands from any building (principal or accessory) or other structure, septic systems, or wells. The wetland edge shall be determined as required in section 78-1604 of this Code. ii. Setback revegetation. Areas within the required setback area subject to filling, grading or excavation as part of a construction project shall be revegetated immediately upon completion of such earthwork. (d) The City of Orono has established wetland protection strategies in the Orono Surface Water Management Plan (SWMP) (January 2011). The protection classification for each wetland will be found on the "Wetland Management Classification Map & List" which is hereby adopted by reference, a copy of which shall be kept on file in the office of the city clerk and shall be available for public review during all normal office hours. The Minnehaha Creek Watershed District required buffer area widths are based on the four protection classifications. (Ord. No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 2, 5-28-2013; Ord. No. 196 3rd series, § 3, 5-22-2017; Ord. No. 205 3rd series, § 1, 4-9-2018) DIVISION 4. -USES Sec. 78-1606. -Permitted uses. (a) Within the wetland overlay districts no land may be used except for one or more of the following uses: (1) Native wetland vegetation, provided that no change is made to the ground elevation; (2) Wildlife and nature preserves; (3) Overhead utility lines and poles that are less than two feet in diameter; (4) Docks which provide reasonable access to the lakeshore and do not exceed eight feet in width; (5) Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances as approved by the city; or (6) Environmental monitoring or control facilities, including those related to water quality and wildlife regulation. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 3, 5-28-2013) Sec. 78-1607. -Conditional uses. (a) Within the wetland overlay districts no land may be used for the following except by conditional use permit and except in conformance with the standards specified in section 78-1608 of this article: (1) Private and public recreational uses, including golf courses, impervious trails, picnic grounds and boat ramps; (2) Public utilities, including necessary structures; (3) Other non-structural facilities similar to those permitted by this section which also meet the intent of this section, as determined by the city; or (4) Public structures associated with recreational uses permitted by this section or by section 78- 1606 of this section that are designed in an environmentally sensitive manner and will withstand periodic flooding, except for structures designed or used for habitation or the storage of equipment; (5) Unpaved hiking, skiing and horseback riding trails which comply with WCA standards. (b) No conditional use permit will be granted unless its approval will not adversely impact wetlands, wetland buffer areas where they exist or are required, and surrounding properties, the intent of this article or the goals and policies of the community management plan. If applicable, granting of a conditional use permit will be conditioned upon approval of the request by all other appropriate regulatory governmental agencies, including but not limited to the Minnehaha Creek Watershed District (MCWD), the Lake Minnetonka Conservation District (LMCD), or the Minnesota Department of Natural Resources. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 4, 5-28-2013) DIVISION 5. -STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS Sec. 78-1608. -Standards. The following standards apply to all land within the wetland overlay districts, existing and MCWD- required wetland buffer areas, and to neighboring lands: (1) Protection of wetlands. a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b. No structures are allowed in the wetland overlay districts except those allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited. Invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the city. d. Before grading or construction near a wetland , the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland, or as required by the city. This fencing must remain in place until all development activities that may affect the wetland have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. f. All hard-surface runoff must be treated in accordance with the requirements of the city and the appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner. g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in accordance with the city's surface water management plan and the appropriate MCWD requirements. (2) Protection of wetland buffer areas. Existing and MCWD-required wetland buffers shall be maintained and protected per the requirements of existing covenants as well as MCWD regulations as administered by MCWD. (3) Nonconformities. a. Effect of wetland boundary expansion. An existing structure, driveway or parking area meeting the required setback from a city-designated wetland boundary or existing established buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. b. Existing nonconformities. An existing structure, driveway or parking area that does not meet the required setback from a city-designated wetland boundary or buffer area, is considered a legal nonconforming development. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 5, 5-28-2013; Ord.No. 196 3rd series, § 4, 5-22-2017) Sec. 78-1609. - Removal of lands from the wetlands overlay district. (a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc.) requires a zoning amendment and an amendment of the official city wetland map. The amendments must be made pursuant to the provisions of section 78-43 of this chapter and WCA replacement rules. These amendments must be consistent with the purpose of this article, the city's surface water management plan and the goals and policies of the community management plan. In determining the appropriateness of a rezoning request, the city council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overlay district may only be removed according to WCA rules and if at least an equal area of wetland replacement is created to compensate for the wetland being filled. Unless otherwise approved by the city council, compensatory wetland area must be provided within Orono and within the same subwatershed (Painter's Creek, Long Lake Creek, Classen Creek, Lake Minnetonka) as the wetland being altered, if available. (c) In addition to application requirements, the city may require submission and approval of the following information: (1) A copy of the wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. (Ord.No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1610. -Alteration of wetlands. (a) No alteration of land within a wetland overlay district or an existing established wetland buffer is allowed without a wetlands alteration permit, subject to recommendation by the planning commission and approval of the city council. The planning commission must hold a public hearing per section 78- 48. Activities that constitute an alteration regulated by this section include changes to the size, depth or contour of the wetlands or its existing established buffer, dredging, or alterations of wetlands or buffer vegetation. Alterations do not include wetland planting or the selective clearing or pruning of trees or vegetation that are dead, diseased, noxious weeds or similar hazards. A wetland alteration permit is not required when a wetland district is rezoned to another zoning classification. (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherwise approved by the city council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request, the city council will consider the size of the total wetland district, the magnitude of the area proposed for alteration, the aesthetic, hydrological and ecological effect, the type and function of wetlands involved, and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. Application for a wetlands alteration permit must be accompanied by such information as required by the city, including: (1) A copy of the wetland replacement plan application submitted to the MCWD; (2) A concept plan showing the ultimate use of the property; (3) A grading plan, in hard copy format and a CAD or GIS format in Hennepin County coordinates, with appropriate drainage calculations and erosion controls prepared by a registered engineer; (4) A landscaping or revegetation plan; (5) Such other information as may be necessary or convenient to evaluate the proposed permit; and (6) A MnRAM assessment approved by the MCWD. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 6, 5-28-2013; Ord. No. 210 3rd series, § 16, 6-25-2018) Sec. 78-1611. - Public control of wetlands. (a) The city council may require that the owner of any property affected by this article must establish wetland easements or restrictive covenants to be recorded within the property's chain of title. These easements or covenants must describe the boundaries of the wetland; and prohibit any building, paving, mowing, cutting, filling, dumping, yard waste disposal or fertilizer application within the wetland. The owner or developer must record these easements or covenants with the final plat, with deeds from a lot division or, if no subdivision is involved, before the city issues a grading permit or building permit for an affected property. The applicant must submit evidence that the easement or covenant has been submitted to the county for recording. (b) If the city council does not require an easement or covenant, the city may record a notice of the wetland requirements against the property. The property owner must still comply with the requirements of this section. (Ord. No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 7, 5-28-2013) Sec. 78-1612. - Reserved. Editor's note—Ord. No. 103 3rd series, § 8, adopted May 28, 2013, repealed § 78-1612, which pertained to wetland buffer markers and derived from Ord. No. 28 3rd series, § 1, 8-22-2005. Sec. 78-1613. -Violations. Violation of the provisions of this article or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. (Ord. No. 28 3rd series, § 1, 8-22-2005) Sec. 78-1614. -Authority/enforcement actions. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected article violation, the city administrator and the city may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, and/or orders for corrective measures to the guilty party. (2) When an article violation is either discovered by or brought to the attention of the city administrator, the city administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the MCWD along with the community's plan of action to correct the violation to the degree possible. (3) The city administrator shall notify the suspected party of the requirements of this article and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the city administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the city administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. (4) If the responsible party does not appropriately respond to the city administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this article and shall be prosecuted accordingly. The city administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this article. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord.No. 196 3rd series, § 5, 5-22-2017) Secs. 78-1615-78-1630. -Reserved. Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 1.PROJECT INFORMATION Applicant Name Project Name Date of Application North Shore Meadows,LLC 2265 North Shore Drive, Orono Application Number (John Adams) 2/8/2019 W19-01 ®Attach site locator map Type of Decision: ❑ Wetland Boundary or Type ❑No-Loss ❑ Exemption ❑ Sequencing ❑Replacement Plan ®Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ❑Approve ❑Approve with conditions ❑Deny Summary(or attach): See Attached TEP Findings 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: May 16th, 2019 ® Approved ❑Approved with conditions(include below) El Denied LGU Findings and Conclusions(attach additional sheets as necessary): North Shore Meadows,LLC has applied for sequencing and replacement plan approval for the proposed complete filling(0.022ac)to a Type 1, seasonally flooded wetland(Wetland E)located at 2265 North Shore Drive in the City of Orono,Hennepin County,Minnesota Legal description: Section 10/15,Township 117,Range 23.The replacement plan approval was requested on February 8th,2019. A total of eight wetlands were delineated within the Project area on September 14th,2018 and a WCA NOD approving the delineated wetland boundaries&types was issued on November 14,2018 (MCWD W18-38). An offsite TEP meeting was held on March 1 4th, 2019 to discuss the proposed replacement plan, alternatives considered,and sequencing analysis(see attached TEP Findings). MCWD received the WCA application W19-01 on February 8th,2019. The application was considered complete upon receipt of the materials with the NOA issued on February 25th,2019. The TEP met on March 14th,2019 and the 15 day comment period expired on March 18th,2019. MCWD did not send out a 60 day extension request,therefore the application was approved by default on April 9th,2019 with the condition that the 0.044 wetland bank credits are purchased from BWSR wetland bank 1649 (Mader Wetland Bank)as it is within the Minnehaha Creek Watershed District boundary and will fulfill the sitting requirements per 8420.0522 subp.7(A). The project is associated with MCWD permit#19-112. BWSR Forms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal(sq.ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ['Financial Assurance:For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑Deed Recording:For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU upon request. Name Title Heidi Quinn Permitting Technician Signature Date Phone Number and E-mail j 952-641-4504 NIPiap ` . 5/16/2019 hquinn@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal(30 days)has expired. If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3.APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ® Appeal of an LGU staff decision. Send ❑Appeal of LGU governing body decision. petition and$100 fee to: Send petition and$500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka,MN 55345 520 Lafayette Road North St. Paul,MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES • SWCD TEP member: Stacey Lijewski-stacey.lijewski@co.hennepin.mn.us ® BWSR TEP member:Ben Carlson-ben.carlson@state.mn.us ❑ LGU TEP member(if different than LGU Contact): • DNR TEP Becky Horton-becky.horton@state.mn.us ❑ DNR Regional Office(if different than DNR TEP member): ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different):North Shore Meadows LLC, jadams@cbburnet.com ® Members of the public who requested notice(notice only): Christine Mattson- CMattson@ci.orono.mn.us; Melanie Curtis-mcurtis@ci.orono.mn.us; Travis Fristed- travis.fristed@is-grp.com; Lucas Mueller-lucas.mueller®is-grp.com • Corps of Engineers Project Manager(notice only): usace_requests_mn@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 5.MAILING INFORMATION >For a list of BWSR TEP representatives: vvww.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf >For a list of DNR TEP representatives: vvww.bwsr.state.mn.us/wetlands/wca/DNR_TEP_contacts.pdf >Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions,see:http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf >For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St.Paul District,ATTN: OP-R 180 Fifth St.East, Suite 700 St.Paul,MN 55101-1678 >For Wetland Bank Plan applications,also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St.Paul,MN 55155 6.ATTACHMENTS In addition to the site locator map, list any other attachments: ®TEP Findings ® Tree Survey ®Replacement Plan Application ®W18-38 NOD BWSR Forms 7-1-10 Page 3 of 3 Minnesota Wetland Conservation Act Technical Evaluation Panel Findings Report Date(s)of Site March 14`h, 2019 LGU: MCWD Visit/Meeting: County: Hennepin LGU Contact: Heidi Quinn Project Name: W19-01 North Shore Medows Phone#: 952-641-4504 Location of Project: 2265 North Shore Drive,Orono Email hquinn@minnehahacreek.org (attach map if possible) Address: TEP ATTENDEES: OTHER ATTENDEES: OTHER ATTENDEES: LGU:Heidi Quinn,MCWD Eric White,USACE SWCD:Stacey Lijewski, Melanie Curtis,City of Orono Hennepin County BWSR:Ben Carlson Jeremy Barnhart,City of Orono DNR: Travis Fristed,ISG PROJECT DESCRIPTION AND PURPOSE OF MEETING: The purpose of the meeting is to discuss proposed replacement plan to completely fill 958 sf of a Type 1,seasonally flooded wetland(Wetland E)to construct a sport court and future storage shed. Wetland E is within the shoreland wetland protection zone and outside of the building set-back zone. The Boundary and Type was approved Novemeber 14`h,2018(W18-38)and also identified Wetland E as a Mange 3 classifiaction. Wetland E is considered a Water of the US and is also regulated by the USACE. The DNR does not consider Wetland E as a Public Waters Wetland. TYPE OF MEETING:Check all applicable ® Office ❑ On-Site ® Phone Conference ❑ E-Mail ❑ Other: TEP FINDINGS AND RECOMMENDATIONS 1: The TEP discussed the alternatives site locations considered to avoid wetland impacts. The site is 69.56 acres in size and has eight wetlands onsite. The existing site condition is residential single family home with a managed,densely forested,sugar maple-basswood community. Per the replacement plan,the proposed location of the sport court/storage shed was chosen due to the lack of mature trees within the area and the proximity for access from the home. Under De Minimis,400 sf of impact would be allowed to Wetland E without requiring replacement. It was agreed that partially impacting the isolated wetland would result in loss of hydrology and function of the wetland and most likely result in an impact greater than 400 sf. The TEP further discussed if there was other upland areas to place the sport court/storage shed that would completely avoid wetland impacts given the acreage of upland onsite. It was expressed by ISG that the landowner wants to Minimize mature tree removal to the greatest extent and that the three alternatives considered would result in greater tree removal. The TEP further discussed the potential for a conservation easement or preservation declaration that would ensure perpetual preservation of upland mature trees and onsite mitigation under sequencing flexibility. It was the recommendation of the TEP to do an estimated tree survey for the areas where the alternatives were considered and the location of Wetland E to provide a quantitative and qualitative analysis to demonstrate if the upland areas provide a greater ecosystem function. A combination of banking,onsite mitigation at wetland A where there are 1 TEP Findings should be a meaningful concise summary detailing the project conditions,technical data,and what rules apply. The TEP recommendation should be clear,based on rule and best professional judgement. Rev. 12/17/2013 flatter grades,and a minimum 30'upland buffer,with a preference to increase it to 40'were discussed as potential mitigations.In summary,the TEP concluded that they would like more information to determine if the alternatives considered met the sequencing requirements to justify the wetland impact as it appeared that there were other upland sites available to avoid a wetland impact. The TEP agreed that a second onsite TEP meeting would be helpful in analyzing the alternatives considered. ISG stated that they would conduct the estimated tree survey to demonstrate that the upland areas to avoid wetland impacts provide a greater ecosystem function than Wetland E. A tree survey for the proposed site and three alternatives sites dated April 8th,2019 was submitted to MCWD on April 10th,2019. Based on the survey and accompanying narrative submitted by ISG,the proposed site and location of Wetland E has twenty-eight trees with four of the trees with a 24" DBH or greater and no tree removal would be needed to access the site. Site Alternative 1 located south of North Shore Drive,had five trees surveyed with no tress with a 24" DBH or greater. Based on the aerial map provided,there would most likely be additional tree removal to access the site. Site Alternative 2 had thirty-eight trees and ten of the trees had a 24"DBH or greater and is would most likely require additional tree removal to access the site. Site Alternative 3 located northeast of the residential home had thirteen trees surveyed,three with a DBH of 24"or greater. On April 24th,2019 MCWD requested a second site TEP meeting onsite to be schedule on May 7th,2019. ISG,on behalf of the applicant,requested that there not be a second TEP as the 60 day deadline for the LGU to issue a NOD had expired on April 9th,2019 and the replacement application should be approved by default. MCWD received the WCA application W19-01 on February 8th,2019. The application was considered complete upon receipt of the materials with the NOA issued on February 25th,2019. The TEP met on March 14th,2019 and the 15 day comment period expired on March 18th,2019. MCWD did not send out a 60 day extension request,therefore the application was approved by default on April 9th,2019 with the condition that the bank credits be purchased from the Mader Wetland Bank as advised in the NOA. SIGNATURES 5/15/2019=704' `'"''C`'(\ 5/16/2019 SWCD Repr tative Date BWSR Representative Date Do not concur ❑ Do not concur ❑ 4rrA)V.sm (C)AAAA, S.-lib ,_01Ck LGU Representative Date DNR Representative Date Do not concur ❑ Do not concur ❑ 'TEP Findings should be a meaningful concise summary detailing the project conditions,technical data,and what rules apply. The TEP recommendation should be clear,based on rule and best professional judgement. Rev. 12/17/2013 From: Lucas Mueller To: Heidi Ouinn Subject: North Shore Meadows Tree Survey Results Date: Wednesday,April 10,2019 12:16:15 PM Attachments: 22211 North Shore Meadows Tree Results Comoiled.odf Good afternoon Heidi. 1 have attached the Tree Survey Results for North Shore Meadows. I conducted a tree survey (Species and DBH) within the proposed site, along with the 3 alternative sites that were mentioned in the permitting submittal. I highlighted the trees that were 24" or greater as they are considered a higher significant tree and add additional ecological value to the property and habitat.Tree greater than 5" DBH were recorded. Please review the data and let me know if you have any questions. Please note,the sites do not include any trees within a proposed driveway/access road to the sport court and/or shed locations. No additional trees would be removed/impacted at the proposed site, as it is located directly off an existing driveway, but other locations are likely to have additional impacts for access purposes. Feel free to pass this information along to other, and let me know if you have any questions. Thank you, • Lucas Mueller Environmental Scientist 7900 International Drive, Suite 550 Architecture Minneapolis, MN 55425 Engineering P: 952.426.0699 Environmental C: 952.913.1384 Planning lucas.mueller@is-grp.com ® iEl 1111 Legend 0 Tree Survey Proposed Site Layout + Photo Location ro ose Site 7,: ii,), ,,, io : __ _rr, ..,,, :, s5 IY3 N90 r, r•-' - 90 90 13Q CIV V m al 6cr.. s. y 81 Monday.April 08.2019 12 .,ember 18 22211 Figure N Tree Survey Map - 0 20 40 Source(s). --Feet Proposed Site Orthophoto(Twin Cities,2016) 1 in=40 ft ISG Two Su vey(March 22,2019) North Shore Meadows Orono, Hennepin County, Minnesota Proposed Site - Tree Survey Project Name: North Shore Meadows ISG Project #:18-22211 Date: March 25, 2019 Diameter Tree ID Tree Species at Breast Latitude Longitude Height 1 Maple, Sugar 14 44.9489 -93.5819 24 , , Maple, Sugar 44.9W;.41747-5V4134 3 Maple, Sugar 17 44.94892 -93.5818 4 a a a., ,Maple, Sugar<.,a 13 M 44.94884 ° X1'7 5 Maple, Sugar 12 44.94885 -93.5817 6 Maple, Sugar " 26 44.94885 ®3t 7 7 Maple, Sugar 8 44.94894 -93.5816 8 Maple, Sugar 22 44.949 -93.5817 9 Maple, Sugar 23 44.94899 -93.5817 10 Maple, Sugar 17 44.949 -93.5817 11 Maple, Sugar 14 44.94905 -93.5818 12 Maple, Sugar 20 44.94907 -93.5819 13 Maple, Sugar . 111191. 44.94909 -93.582 14 Ash, Green '7'7'1 3 ,,...[.:,,i,4.94899 -93.582!v, 15 Maple, Sugar 13 44.949 -93.5822 16 Maple, Sugar . `.:,9$.. . -93.582 17 Maple, Sugar 6 44.94895 -93.5821 18 Maple, Sugar 8 44.94894 -93.582-° 19 Maple, Sugar 9 44.94896 -93.5822 20 Maple, Sugar 13 44.94892 -93.5822 21 Maple, Sugar 15 44.94883 -93.5821 22 Maple, Sugar 7 44.94881 -93.582 23 Maple, Sugar 27 44.94882 -93.582 24 Maple, Sugar 22 44.94882; -93.5818 25 Maple, Sugar 14 44.94881 -93.5818 26 Maple, Sugar 18 44.94874k M.3.5818 27 Maple, Sugar 25 44.94876 -93.5818 28 Maple, Sugar 13 44.9487 58 } Total DBH of all Trees=441 inches *Site has 4 trees greater than 24" DBH (14% of all trees) Legend Tree Survey a. 51 NNorthnShorerDr Proposed Site Layout T Photo Location U U Alternative 111 Monday,April 08,2019 Project Number 18 2221 I Figure I 20 40 N Tree Survey Map - Source(s) � Feet Alt.1. I Site 0��thophoto(1-win Gties,2016) 1 in=40 ft ISG Tec SU ley(March 22.2019) North Shore Meadows Orono, Hennepin County, Minnesota Alternativel - Tree Survey Project Name: North Shore Meadows ISG Project #:18-22211 Date: March 25, 2019 Diameter Tree ID Tree Species at Breast Latitude Longitude Height 1 Spruce, White 16 44.95239 -93.5829 2 Spruce, White 17- 44.95239 .93.5829 4: 3 Cedar, Eastern White 6 44.9525 -93.5829 4 Cedar, Eastern White':=. 5 44.95253 -93.5829 .` 5 Apple, Crab 18 44.95238 -93.5835 Total DBH of all Trees=62 inches *Site has 0 trees greater than 24" DBH (0%of all trees) Legend Tree Survey Proposed Site Layout + Photo Location 4 FE g agil 0 Q I i,.r .._2 tog ,,,. } �N L. aq2 ,,..-, yl � i_.:,. .143 .i...:, am tiN / \....... mi a) .........„ go, ;„ AIternative2 ,,,.„ ,,,, '.f fes.. Monday,Apo!08 2019 Project N.,nbo 18-2221 Figure 20 40 N Tree Survey Map - 0 Source{s): ��FeetA Alt. 2 Site Or'ho p roto(Twin Cities,20 i 6) 4.. E��: . n-90R ISCTecSivey4Mzcn22.2019) North Shore Meadows Orono, Hennepin County, Minnesota Alternative 2 - Tree Survey Project Name: North Shore Meadows ISG Project #:18-22211 Date: March 25, 2019 Diameter at Tree ID Tree Species Breast Latitude Longitude Height -1' „Maple, Sugar 26 44.94992 -93.5798 2 Maple, Sugar 7 I 44.94987 -93.5797 3 Maple, Sugar 6 44.9499 -93.5796 4 Maple, Sugar 7 44.94993 -93.5795 5 Maple, Sugar 37 44.94989 -93.5795 6 MAple, Sugar 6 44.94985 -93.5794` 7 Maple, Sugar 10 44.94984 -93.5794 8Maple, ugar ,-5 44.94987 -93.579'401, 9 Maple, Sugar 8 44.94986 -93.5795 10 Maple, Sugar 26 44.9498 -93.579 11 Maple, Sugar 22 44.94979 -93.5794 12 Maple, Sugar 4 44.94974 -93.5794 13 Maple, Sugar 8 44.94971 -93.5794 -;..14 Maple, Sugar 18 44.94969 -93.5795 l9 Maple, Sugar 28 44.94971 -93.5795 k ® ,N Maple, Sugar , 19 44.94978 -9 ,;5795 21 Maple, Sugar 17 44.94975 -93.5796 : a°. > `Maple, Sugar g 6 i 44.94982. -9315790,:iii 23 Maple, Sugar 19 44.94974 -93.5797 •24 ' Maple, Sugar 6*4W-W 44.9497 -93.5799 25 Maple, Sugar 26 44.9497 -93.5798 26 Maple, Sugar 24 44.94969 -93.5798 27 Maple, Sugar 27 44.94968 -93.5796 f 28 z , Maple, Sugar ":; 5 44.94966 -93.5796 29 Maple, Sugar 10 44.94968 -93.5793 H ..® Sugar g 12 44.94965 -93.5793 31 Maple, Sugar 14 44.94967 -93.5792 32 Maple, Sugar 25 44.94977 -93.5792 33 Maple, Sugar 24 44.9498 -93.5792 34 Maple, Sugar 11 <Null> <Null> f 35 Maple, Sugar 8 44.94984 -93.5793 36 Maple, Sugar 34 44.94986 -93.5792 37 Maple, Sugar 7 44.94992 -93.5794 38 Maple, Sugar 8 44.94991 -93.5794 Total DBH of all Trees=520 inches *Site has 10 trees greater than 24" DBH (26%of all trees) Legend 40 Tree Survey Proposed Site Layout T Photo Location 93 92 9D 11 A 6 i- ocation 0 " ' ,,,,t o' Monday,April 08,2019 Pmicct Number 18-2211 Figure I N Tree Survey Map - 0 20 40 Source(s): ..........mmummumg Feet A Alt. 3 Site Or thophoto(Twin Cities,2016) 1 in-40 ft ISG Tee Suwey(March 22,2019) North Shore Meadows Orono, Hennepin County, Minnesota • Alternative 3 - Tree Survey Project Name: North Shore Meadows ISG Project #:18-22211 Date: March 25, 2019 Diameter Tree ID Tree Species at Breast Latitude Longitude Height 1 Elm, Siberian 7 44.94873 -93.5835 2 Oak, Northern Red 32 44.9487 EiWif 3 Maple, Sugar 23 44.94875 -93.5836 4 Oak, Northern Red 24 04.94869 0-'93.5837 5 Oak, Northern Red 18 44.94864 -93.5837 6 Maple, Sugar 18 w44.94873!''?:::` 3.5838 ` 7 Oak, Northern Red 27 44.94875 -93.5838 8 Ash, Green 16 44.94897 & , .5839 9 Maple, Red 9 44.949 -93.5838 10 Maple, Sugar 6 44.94905 -93.5838 11 Maple, Sugar 17 44.94906 -93.5837 12 Basswood, American 22 44.94907 93.5837 13 Maple, Sugar 17 44.94909 -93.5838 Total DBH of all Trees =236 inches *Site has 3 trees greater than 24" DBH (23% of all trees) 1110 February 4, 2019 Heidi Quinn Minnehaha Creek Watershed District 15320 Minnetonka Blvd. Minnetonka, MN 55345 952-641-4504 hquinn@minnehahacreek.org RE: Wetland Replacement Plan Application for North Shore Meadows, LLC - Orono, MN Heidi, On behalf of North Shore Meadows LLC, attached please find the Joint Application Form for Activities Affecting Water Resources in Minnesota, and wetland replacement plan supplemental information. The final design will permanently fill 0.022 acres in one isolated Type 1 Seasonally Flooded wetland for the construction of a level building pad to be used as a future sport court and/or cold storage outbuilding. Based on our November 2, 2018 TEP field meeting, all 0.022 acres of permanent impacts are presumed to be regulated by the WCA. COE approved wetland mitigation credits are proposed to be withdrawn from Jeff Montang's wetland bank #1310 located in Hennepin County, bank service area no. 7. This is the same county and bank service area as the proposed wetland impacts. Please refer to the attached supplemental information for additional details. Please feel free to contact me at 952.426.0699 or via email at lucas.mueller@is-grp.com with any questions or requests for additional information. Sincerely, Lk Lucas Mueller Environmental Scientist Environmental Group cc. John Adams - North Shore Meadows, LLC 7900 International Drive + Suite 550 + Minneapolis,MN 5542n 952.426.0699 +www.ls-grp.corn ARCHITECTURE + ENGINEERING ±ENVIRONMENTAL+PLANNING Project Name and/or Number: North Shore Meadows, LLC PART ONE: Applicant Information If applicant is an entity(company,government entity, partnership,etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: North Shore Meadows, LLC Mailing Address: 2265 North Shore Dr. Orono, MN 55391 Phone: 612.720.4827 E-mail Address: jadamsPcbburnet.com Authorized Contact(do not complete if same as above): Mailing Address: Phone: E-mail Address: Agent Name: Lucas Mueller -ISG Mailing Address: 7900 International Dr.Suite 550 Minneapolis, MN 55425 Phone: 952.426.0699 E-mail Address: luas.muellerPis-grp.com PART TWO: Site Location Information County: Hennepin City/Township: Orono Parcel ID and/or Address: 2385 North Shore Dr. (PID 1011723330001, 11.42 acres) 2265 North Shore Dr. (PID 1011723330005,25.72 acres) 2285 North Shore Dr.(1011723330006,20.78 acres) 2165 North Shore Dr.(1511723220001, 11.64 acres) Legal Description(Section,Township,Range): S10,15/T117/R23 Lat/Long(decimal degrees): 44.948944/93.581842 Attach a map showing the location of the site in relation to local streets,roads,highways. Figure 1 Approximate size of site(acres)or if a linear project,length(feet): 69.56 Acres If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.army.mil/Portals/57/docs/regulatory/RegulatoryDocs/engform 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. The applicant is proposing to install a recreational sport court and/or a cold storage outbuilding located approximately 300 feet northeast of the main residence.A wetland delineation of the entire property was conducted on September 14,2018 by ISG.The wetland report,wetland boundaries,and wetland types were approved by the LGU (Minnehaha Creek Watershed District)on November 14,2018(Notice of Decision). Project Name and/or Number: North Shore Meadows, LLC Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland, lake,tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character,and dimensions of all proposed activities and aquatic resource impacts. The applicant is proposing to build a 120 foot by 60 foot building pad for the future construction of a sport court and/or cold storage structure located on a private residence in the City of Orono.Construction activities will include importing fill,grading of the earthen building pad,and road access to driveway.Total land disturbance will be up to 14,000 s.f.of cutting and filling. Future construction on the building pad will consist of a sport court surface with amenities,and/or a cold storage building. Please refer to the attached site plan (Sheet 2).Construction and installation of these elements will permanently impact one Type 1 wetland, totaling 0.022 acres(958 sq.ft.)of wetland fill. PART FOUR: Aquatic Resource Impact' Summary If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each impact in the table below. Include all anticipated impacts,including those expected to be temporary.Attach an overhead view map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table. Type of Impact Duration of County,Major Aquatic Existing Plant Aquatic Resource (fill,excavate, Impact Overall Size of Watershed#, Resource Type Community ID(as noted on drain,or Permanent(P) Size of Impact' Aquatic and Bank (wetland, lake, Type(s)in overhead view) remove or Temporary Resource 3 Service Area# tributary etc.) Impact Area4 vegetation) (T)1 of Impact Areas Wetland E Wetland Fill P 0.022 Acres N/A Seasonally Hennepin,WS (958 S.F.) Flooded Basin #20, BSA#7 TOTAL: 0.022 Acres(958 S.F.) 'If impacts are temporary;enter the duration of the impacts in days next to the"T". For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220)". zlmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that is 6 feet wide would be reported as 50 ft(300 square feet). 3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A". 4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed.as modified in MN Rules 8420.0405 Subp.2. 'Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: No impacts have occurred to date. 1 The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Authentlslgn ID:69CA2723-CCE3.4996-8208-7C070405FB39 Project Name and/or Number: North Shore Meadows,LLC PART FIVE: Applicant Signature ❑ Check here if you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the authority to undertake the work described herein. Aurhenti . Signature: [knit 5 'Qdam4 Date: 02/04/19 216/2019 12:18:16 PM CST I hereby authorize ISG to act on my behalf as my agent in the processing of this application and to furnish,upon request, supplemental information in support of this application. Project Name and/or Number: North Shore Meadows, LLC Attachment C Avoidance and Minimization Project Purpose,Need,and Requirements.Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location, project footprint,water management, and any other applicable requirements.Attach an overhead plan sheet showing all relevant features of the project(buildings, roads,etc.),aquatic resource features(impact areas noted)and construction details(grading plans,storm water management plans,etc.), referencing these as necessary: The purpose of this project is to create a level 120-foot by 60-foot building pad in order to construct a recreational sport court area and/or a cold storage outbuilding in the future.The cold storage building is needed by the landowner to store property maintenance equipment such as lawn mowers,trailers,and recreational vehicles.The 69-acre property has limited outbuildings for secured and protected storage from the elements.The landowner has a full time staff to maintain the property's landscape and natural resources.Additional storage may be needed if new equipment is purchased for the maintenance of the property. In addition to constructing a storage building,a pervious mulch driveway would be installed to access the outbuilding from the driveway located to the east of the pad.The driveway is proposed to be approximately 20-feet by 40-feet. Along with the cold storage shed,a recreational sport court maybe proposed to encompass a portion of the 120-foot by 60- foot pad.The court would be used for recreational purposes and activities.The sport court would offer an amenity to the house for the landowner and his family,as well as add resale value to the property.The project area offers a setting that is in close proximity to the house for normal usage,while reducing the number of mature tree removals. The project area is located in close proximity to the house and adjacent to the driveway for vehicle access.This area of the property has a limited number of trees compared to the surrounding property,and will limit the amount of tree removal needed if the building pad was placed elsewhere.The area currently consists of a slightly depressional wetland within a flat area that has no trees. In order for a level building pad to be developed,the 0.022 acre wetland will need to be filled and leveled. Proposed construction plans(attached Sheet 2)depict where the pad would be placed in comparison to the wetland. The current layout of the proposed pad and stormwater drainage reduces the amount grading needed to the surrounding slopes, removal of mature trees,and existing driveway. The attached construction plans show the amount of fill and cut earthwork that will be needed in order to establish a construction pad with the correct leveling and proper hydrologic drainage. Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site.These alternatives may include alternative site plans,alternate sites,and/or not doing the project.Alternatives should be feasible and prudent(see MN Rules 8420.0520 Subp.2 C).Applicants are encouraged to attach drawings and plans to support their analysis: Project Alternatives: 1. No Build:The no build alternative is not feasible,as it will not accommodate the projects purpose as stated prior for providing adequate storage for outdoor equipment,and/or providing recreational opportunities for the landowner with the addition of a sport court. 2. Alternative Sites on Property:Other areas were examined throughout the 69 acre site to construct a 120-foot by 60-foot level building pad.The property(as a whole)is unique in that it is surrounded by Lake Minnetonka on 3 sides,it's dominated by a mature maple-basswood forest,contains rolling topography, has several wetlands,and has an approximate 8.5 acre restored native prairie area.Space that does not impact natural resources and that is in close proximity to the existing driveway and house is limited. Three site alternatives for the building pad were investigated, but eventually determined not to be feasible due to a number of reasons stated below.The areas that were examined focused on level terrain to minimize the amount of fill and grading needed to establish the building pad.Site alternatives can be viewed on the attached Figure 3. Project Name and/or Number: North Shore Meadows, LLC Area 1 The first area that was reviewed as an alternative was located in the northwest corner of the site near North Shore Drive. The area is relatively flat and does not contain as many mature trees.Area 1 is not feasible due to the following: o The pad would be located over 1,500 feet from the house,which is not viable for everyday use,equipment storage,and a recreational sport court. o The pad would be in close proximity to North Shore Drive(approximately 90 feet),which makes security of the storage building more vulnerable being so close to a public road. o No easy access road/path from existing driveway for storing and parking maintenance equipment.Additional filling and/or grading,along with tree removals would be needed to create a road from the driveway located 300 feet to the east. Area 2 The second area that was reviewed as an alternative site for the pad was located near the middle of the property.The area is relatively flat,and in reasonable proximity to incorporate an access road off the existing driveway. Reasons that Area 2 were not feasible are: o The landscape where the pad would be constructed is dominated by large mature sugar maple and basswood trees.The property owner has maintained and improved tree health throughout the property by removing invasive understory species,and providing necessary pruning of each tree. Placing the building pad in this area would significantly increase the number of tree removals needed to establish the building pad and driveway access. o Proximity to the house is not adequate for storing everyday use equipment,or easily accessible to use the recreational sport court.The pad would be located approximately 1,000 feet from the resident's house. Area 3 The third area that was examined for the proposed cold storage and/or sport court was located along the west edge of the project area,and northwest of the resident's house.Of the three alternatives mentioned,this one is the closest proximity to the resident. Reasons that Area 3 were not feasible are: o High quality mature trees such as maples and oaks would need to be removed in order for the pad itself,and necessary grading. o The location is set close to the shoreline of Lake Minnetonka,which may not meet City zoning or lake setbacks. o Placing a cold storage building and/or sport court on a bluff adjacent to Lake Minnetonka would lower the aesthetic appearance of the surrounding landscape.The building would be in clear site from the house,boaters, and the public using Lake Minnetonka for recreational purposes. Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources(see MN Rules 8420.0520 Subp.4): Due to the small size of Wetland E,there are no unavoidable wetland impacts to Wetland E. Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications. If you know that your proposal will require an individual permit(standard permit or letter of permission)from the U.S.Army Corps of Engineers,you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. Off-site alternatives analysis is not required for this project. Project Name and/or Number: North Shore Meadows, LLC Attachment D Replacement/Compensatory Mitigation Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program.Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking.Complete this section if you are proposing to use credits from an existing wetland bank(with an account number in the State wetland banking system)for all or part of your replacement/compensatory mitigation requirements. Bank Wetland Bank Major Credit Type County Service Number of Credits Account# Watershed# (if applicable) Area# 1310 Hennepin 19 7 SWC 0.044 Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project.This documentation could be a signed purchase agreement,signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However,applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Wetland E will be permanently impacted by the proposed sport court/cold storage building pad.The proposed impact will permanently fill an isolated Type 1 PEMA Seasonally Flooded Basin. Following the WCA priority siting,0.044 acres of COE approved wetland credits(2:1 replacement ratio)is proposed to be withdrawn from bank#1310. Bank#1310 is located within the same county(Hennepin)and bank service are(7)as the wetland proposed to be impacted. Please refer to the attached purchase agreement. Project Name and/or Number: North Shore Meadows, LLC Project-Specific Replacement/Permittee Responsible Mitigation.Complete this section if you are proposing to pursue actions (restoration,creation, preservation,etc.)to generate wetland replacement/compensatory mitigation credits for this proposed project. Corps Mitigation Bank WCA Action Eligible Credit% Credits Major Compensation Acres County Service for Credit' Requested Anticipated3 Watershed# Technique' Area# 1Refer to the name and subpart number in MN Rule 8420.0526. 2Refer to the technique listed in St.Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 31f WCA and Corps crediting differs,then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed(e.g.wetland hydrology will be restored by breaking the tile ) and how the proposal meets the crediting criteria associated with it.Applicants should refer to the Corps mitigation policy language,WCA rule language,and all associated Corps and WCA guidance related to the action or technique: Not Applicable Attach a site location map,soils map, recent aerial photograph,and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Discuss in detail existing vegetation,existing landscape features, land use (on and surrounding the site),existing soils,drainage systems(if present),and water sources and movement. Include a topographic map showing key features related to hydrology and water flow(inlets,outlets,ditches, pumps,etc.): Not Applicable Project Name and/or Number: North Shore Meadows, LLC Attach a map of the existing aquatic resources,associated delineation report,and any documentation of regulatory review or approval. Discuss as necessary: Refer to Figure 2. For actions involving construction activities,attach construction plans and specifications with all relevant details. Discuss and provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions, predict project outcomes, identify specific project performance standards and avoid adverse offsite impacts. Plans and specifications should be prepared by a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing: Not Applicable For projects involving vegetation restoration, provide a vegetation establishment plan that includes information on site preparation,seed mixes and plant materials,seeding/planting plan (attach seeding/planting zone map), planting/seeding methods,vegetation maintenance,and an anticipated schedule of activities: Not Applicable For projects involving construction or vegetation restoration,identify and discuss goals and specific outcomes that can be determined for credit allocation. Provide a proposed credit allocation table tied to outcomes: Not Applicable Provide a five-year monitoring plan to address project outcomes and credit allocation: Not Applicable Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site: Not Applicable Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio. Discuss how this replacement ratio is consistent with Corps and WCA requirements: Not Applicable By signature below,the applicant attests to the following(only required if application involves project-specific/permittee responsible replacement): • All proposed replacement wetlands were not: • Previously restored or created under a prior approved replacement plan or permit • Drained or filled under an exemption during the previous 10 years • Restored with financial assistance from public conservation programs • Restored using private funds,other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. • The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. • An irrevocable bank letter of credit, performance bond,or other acceptable security will be provided to guarantee successful completion of the wetland replacement. • Within 30 days of either receiving approval of this application or beginning work on the project, I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s)will be located and submit proof of such recording to the LGU and the Corps. Applicant or Representative: Lucas Mueller Title: Environmental Scientist Signature: - Date: 2/4/19 Project Name and/or Number: North Shore Meadows, LLC • Technical Evaluation Panel Concurrence: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program?n Yes No Signature: Date: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program?n Yes No Signature: Date: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program?n Yes No Signature: Date: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program?n Yes n No Signature: Date: Upon approval and signature by the TEP, application must be sent to: Wetland Bank Administration Minnesota Board of Water&Soil Resources 520 Lafayette Road North Saint Paul, MN 55155 APPENDIX A : Figure 1 . Project Location Map Figure 2 . Wetland Delineation Map (Final) Figure 3 . Alternative Site Layouts Sheet 2. Proposed Site Layout Purchase Agreement for Wetland Banking Credits (executed) North Shore Meadows, LLC Appendix A i �,- cif.. i Ia I 12 7 8 9 I § 1f1-- pp i Esilliitivilifitt-,, bole, -4' 13 18s 7 I6 S: -`O_ _ 93 [ i 24 I 20 21 2 11 51 e I r -i6 , ,.."111-alFgH V.Mil-tilt-1:- - r t 1 • 25 30`- 40 ,, sfartilimis qt. td ' kaL� 36 31 3 3' - Sin sA. grakiiktirii5b 6 6113 3 _ :'-':' ' °rte' :` b-"I-% p p-mizaAns, 10 11 : 7 c 9 s IC 12 7 8 9 0 igt-Ft �, X1 I8 7 IS 14 , .- I� x 15 4 13 S X17 �6 x'14 $I3 19 20 21 24 I 0- * : Ab 2 19 91.2. I 2 4 30 29 28 27 26 25 a cr I -- t j •. 30 29 28 27 ' 2 I'` .. tom' 31 32 33 3 35 36 ®G 33 34 35° A 36 a 1111.111 :,-,f,-,.146 4_`� r 3 M 2 ..I — 394 ' 1. y� L 49 � `74 - 8 9 '' !41 .-1-11-111;7.1,1111-;‘,i ' 1 1 12 j � � 4,•.,.. 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'--,'„:..34..:-'- ",----::,27101 3� 29 28 27 26 k 3 'IL-',,, f � k; Monday,Sep ember 10.2018 - Pro;e�t N -quer 18_22211 N Project Location "a� Source(s): 0II/ 6,500 13,000 Municipalities(MN DOT, %24/2016) Feet North Shore Meadows Lakea(MNDNR,Juy,2008) = 13.000 ft Counties(MN DNR,July 2013) Wetland Delineation PLSS(MnGeo/USGS) Orono, Hennepin County, Minnesota E0.-,. . .. Prospect Aver 'Spate r N q • SNC -:4 Wetland-A.., , Wetland G -�- . 0:0231►A`c`res I,484 Acres . ). ,a6 '.4.!,,;,,L,„„,,,,,.y . ' ` 19►.�.,.,, in ' -r' ` 5, F_. -,..,w w No`rthlSho'e(D 1. :7.'''''''''':-.--`- '''''''.'41'3r'. ,-S 4 AM, } `L#' < \ * %( , xi{ mak. $,11' y.-.=-4^ • c.: d. 7ti� Y, t _ �` 'tea,.. a j.yj,;, n 4 .:::-,i;-.;3 ♦ S t i± j ' `�j� sd IF ! �7Fjy�.}l� If:' , .,, hi: Wetland :Ftz ,,' m s 9.143 Acresigi_ „, � If- � , , � ; r .... ,,... : �4 Wetland, D „,,, ,�� 0.046 Acres' , Wetland E Wetland B '. 0.022 Acres .fp ”` 3' � - 0.027 Acres , R' Wetland C f' 0.005Acres ' Wetland H 'S;. 7 Q 0.554 Acres Legend � ( ' i Project Area "f" e��i e0 � .: ti 21,Wetland Delineation ‘ Sco1 Wetland Type `k Type I -Seasonally flooded basin or flat Type 2-Fresh(wet)Meadow q Lj Type 3-Shallow Marsh d f,° ti J '' all Type 4-Deep Marsh °�J t Monday,February 04,2019 ��Ir�I Number I8 2221 I:, Figure 2 N ou 0 200 400 Wetland Delineation Overview Map nrthophotoS(Hennce:epinCo..20')) MIIIMEN �Feet Wetland Delineation(ISG,201 8) North Shore Meadows aoo a AWetland Delineation Orono, Hennepin County, Minnesota ti �h 950 co 95S SPacey Legend 0 `9s 6:',N56,„ Prospect Ave A. p 2 � QProject Area c, ���= 0X56 r r 1111 Alternative Sites i ; 3 Approximate Earthwork Areao �� , �.i�° 5 Q 964 4‘.. a, q." 10'Contour o 62 ro 2'Contour 146 ° 1 f 964 . 58 9<l8 - 57 968 , ,,9 L„.... 966° Norifi'Shore Dr. 90' 954 0� a 9 1 �<�°� j ci,,,,,t Alternative 0 , �� 954 t 9q6 CN` • a Si • ,, t 97 ''''N\,,k,:‘',1 --e;4-'- • w 3) 1 - ' t • .„, „ . P % f 96,9 off : O e64 a 934OQ Wftt 9 \I; Ns. ', „ji),iv/,,,\`\;,:,,v,,‘,„„:„.„. ,,, -,::,..i..T.,:, ,* t'\,,c 73--;?, (‘' l':?:.,,' ',/,1,041,,,z.,.....i.\„.k.,,,L72,7:11..1( / , : „,-) -,,Iiiil ' y/ ,\ \ , -, ., i.,•• — „. .„60//, 6, v fif \ : : 3 ' �' RI //// Alternative �iff,� f lij ' _g t ' ' / �`�` ` / -, * , , = ,,pv,, "-N,A,'2, ! ' ---,,.1---' .. i(3;, I Z, ,V...°/• 9498- 8 9 —-- 91( ! ) i y ` $ T"fri.",9 (l; 95oAlternative 3 _ s4 �s� 97� ti r� \ .�ti t c95'� 1 956 714�� --., n'. �� ' .,. ,�{i rl 1 IN -7- . ),„----..--.2-...------, ..:,,-,.,,,,,,9, -, ,ii,„:-Nt',N,.., of,•(-) )t.i ,44„......"-&4,_ _,,I.,.--"Of,4# -3 r ,` f:17,) ? g o z (k_ \\ t 948=%0°` 3a � r r�� N. --z-;, � vo - �� 96� , rn O iv I,"" ',\ 47 �,� �� v.ti* M �� , z 932 r 01�._ - 9` 1, -,"952ti,r �yt , C C'D • + ''iktill?"-' 4 7 ) (,, 4‘ 7' ' 41 -----7" / ' , , �,� ' j , `tea a. `'*-% N.) # ' C - ,,,,--- - .../' s • l .7 "' ti ..{ 948 ��°t ' 938 Wednesday,January 30,2019 Project Number 8-2221 • N Figure 3 1 Source(s) 0 75 350 : " —Feet Alternatve Sites Layout Map o,YhoPhoto(Hennepin Co,2015) I In=350 n North Shore Meadows Orono, Hennepin County, Minnesota tl .K 3. + . 962 " as t47:1 1 Legend — �— QProject Area _may: 9� I } • illAlternativeSite j CO . „ , o Approximate Earthwork Area ; 9960 . ..-2'.:, i1/4 h 10'Contour - ,, '' QOp ra a ii 2'Contour , .. 9— _ ¢ 910 — j f°134, 966 968 r 40000 ' a ;„ ;t tea ' , w�xr�. r"stc .4"-/-,:r.",', ''..'--"°--'.. t s. - "_.�--..Y--.,... ..,ay , ..>,.3 s' .4—s,�_,., ti::+.... North Shored 'S1 956 960 D E. 96'6 _ � � 2. . 966 j yi 962 • 7 �l0 Alternative t. 0 _ Ai ;s r: „,1%. 96S 90Mr Y - 7: 1� Os n • a F `1 569 �2 eY T L`t Y�g goR + a 9�8F r:, . cT. • 6'59- ‘",.'"rlik , 04-. - 1.4'. 1,- ...', .!`"..' 0 . ,3, • -... ,�1 S7 6' r. >,{1. A A. Y '4. ' ' it °` �P'',T dif � , � Y44 f � . tJ - � q e' t } '3, '7' 1Ar4 :11' tr •°` µp ,{irA mso�s f �, '.'�" ;' t ' "$t� " z r w ,� 9S �J , ry ...,0;-„,,,,, %.;;;,4..4 at- t f grx,f,t,,,1,4'401'lit.'1,,,A. ;V.11‘''::.k, 11,, , ,, ; ,`. ...., ._ ,..' 1.-1;--r,,,,`"‘I'i -,' Oa a ° 1 s *ill/ ' 6 p00,l r' a r' a ” Wednesday,January 30,2019 Project rd�mb�r 6322 N Figure 3 - Alternative I 0 40 80 Alternatve Sites Layout Map 5°u.ce(s): ���Feet Orrhophoto(Hennepin Co.,2015) 1 .n=ao rt North Shore Meadows Orono, Hennepin County, Minnesota Legend ''6 QProject Area ' ; NMI Alternative Site , ° H . ,,...!;#7 Approximate Earthwork Area 10'Contour 2'Contour • t ,,,,,9t • 966,t Q'E CO 7O �� r.„ Alternative 2 i pa ,{s. — T K O (7 ! . 7 F g °` 3 970 �� 0 ;:- 972 t .• o 95+ 9� 6',,,, 974 6 976 , 948 978 980 980 p 982 156 :,. . 4441p { '� 9s Q Wednesday,January 30,2019 Project Number :k.8. 32211 2::-.5:'1'2E1C7-1 • N Figure 3 - Alternative 2 0 40 80 Source(s): FeetA Alternatve Sites Layout Map O,Yhophoto(Hennepin Co.,2015) meresommisson In=80 8North Shore Meadows Orono, Hennepin County, Minnesota t :1 Legend , t .1,..-...-'-_-.•.! ` QProject Area , 1 Yr't.:''' / a , y` • t. "�,'.: .........•„,n# v ., r# / `44. . *`'v -,- r , •- - Alternative Site r•' .a {4-; ` 'X;�y Approximate Earthwork Area O''' '4.-V'- 10 Contour -•,„.+. h ,'r.' 2' Contour , ` 1 t, 932 `" 934 .d f� ` . • 1 ,� ,:,...s:.,. 938 • 'a. L kfte:*, ' x :.9 .`. '''% 44 y :.a •.,-,4"-., • , 1 �' : i co 52 otk 950 � as air � A ° ate3 9,1 r n S \\ tIrnatIve co Cfl F wo r>, ..' O (9, W " � IcY.� .p. -- cob 9� 9SQ S6 w�G 95�� 4 92 �j a', Wednesday,Jancar,30,2019 P�o�e;r^l;m5o. I8 222i N Figure 3 - Alternative 3 0 40 80 Alternatve Sites Layout Nap SoLIce(� ... m... Feec Oib phoro(Hennepin Co.,2015) 8 0 FNorth Shore Meadows Orono, Hennepin County, Minnesota '` .,,,.. ,,,,, ,4'=*r*.k:r),,,,t.. t,:**;p.:tok".,„. tit „r-s upit** l_ei" 4, '''' b'ra 1 6 ;_, t%` - '� , 4,i.,S,:,-:4:. (- EROSION CONTROL LEGEND t'„ii=4-4=1"-- ---*.`"--,..4,.'tts -/*:71.4.- V 4,r''.,'''.4i---i.44It * [0] Mr--rt.'";*r.0 * A. } N iki vt.-,,,,..... -&-jnit-, -,P., -. , - ,, , _ ...y.„, £a c _ �.�.FES �Y , --. � w ti EARTHWORK SUMMARY P:,tel'::t 7:: r..EOUw��..�.4::::::,...1::::::"..:77.7.770::,:, :. 41:--441 kl4f :,:i47:0: I " . =will- ',-- ';-,-:' 1*A r r � .,_ ic .�u ....�.°%.1.1,,,,`„7.%%:...'''7:::::..." . .n,n. NORTH SHORE a -- MEADOWS - `X9` Yc ,y'°e"� ay' i.l.` on«+o rvn'esorr, -. r f i. - " Y fir' A /� ..°. - # ' ' . ` T, it t e _' . iq ai' t ;S +1r S.41 q �1 Ak.4%14rq,�R, :,I��r c Edi # ,` �' 4.r FUTURE SPORT i,S.�- - W" ^+ a K -. #.`' COURT ' r 'S � a , , , ,,,r,,.. e. i. x- `=y '*';:'-.„--,t: ,s '° .�,, titp,t; ! i of WYE t i '� �. .t*' "a ,ct s - . - ato-,X#' ,4 @+ -_�: � 2 of tZ7�: �. . fiSy $t '^q 334`{ C, 'xii`@ 1 `', c -a,5 a 4,N,^:h r - -�s .�✓"' ,sSx'Y` .s .,, a. ! `. s q. H z - --SRL-. v - ����r 4 f 7 . � I. y o.,, iti? rC,, ,� - TM' t .., ? 4" "-J. '' 44‘,4'.:3:::.!'-'-',X--',7;q:;.1','.i."...-4,'e-1--,;i;*: ":"Iiirer..,,k.---iti,... :--7..._. _-,-,.: ,. _,,,, 4 I.,-.1. : ' 4 il:titM 1:v.r.3,',4., -7,f1::i*.,"'. ..0.,1'0-4 :..•:--.:- .,,'.37_. co,',4%;V:.if;k4k, ac INNESOTA ,a ' ` e�" "� S.= E.0:.,,00,,,,,,„„..,„ a. O ief 3J � NORTH SHORE ..-'''k -s t§, .` r s qa €, ; tt - _ $k !� ,�� - MEADOWS lJ .ff t,;.,7447-1 :*-;- •,:1'...-1.:.: �, a '--r4". a. ' Y ra l, r .re axa..... ' *`3 i.i+' _� t _ r *'7 t� .'�`�, s z' - .--,,----.*,,;.---.--1- ; $tea11 +a r� — $: ;t4144.,;: .--4-Y a= t 4 5 � - -fie '- .- ,'�,'4 ;` * n-®= '� -74,744::-CA t a/; t * S Mti w3 # i:7.-1.;1,14.„..':-.. :,, r �'' , z"�f� o.orec,.a ; aif } ti ` .X'R 'k#{y '...�. I }t` "7i - fes .+," ,",� 1 - x�}�' z3 -- u! FUTURE SPORT x < � � �' * x :;/..;,' ''..' �' COURT - r' cwt I 't ++c � i ."+ s' / t y r / ; PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS THIS AGREEMENT is made this 21!day of January, 2019 between Bank#1310(Jeff Montane)(Seller)and North Shore Meadows,LLC (Buyer). 1. Seller agrees to sell to Buyer,and Buyer agrees to buy from Seller, the wetland banking credits (Credits) listed below: Credits to be Sold Subp lu Wetland Type/Plant Community Type Cost per Credit Credit Amounts Shrub-carr/alder thicket $2.25/SF 1,916 SF(0.044 Ac.) Per Credit Withdrawal Fee by Total Total 1,916 SF BSA Enter the Withdrawal Fee $4,311.00 for the BSA of the account: Cost: Credits: (0.044 Ac.) BSA 1 $520 BSA 6 $1,083 (Withdrawal Fee x total credits) BSA 2 $371 BSA 7 $1,992 1 $1,992 Withdrawal Fee: $87.65 BSA 3 $725 BSA 8 $2,577 Easement Stewardship Fee: (Easement Stewardship fee x total credits) BSA 4 $1,412 BSA 9 $2,628 , $302 per credit Stewardship Fee: $13.29 BSA 5 $685 BSA 10 $3,099 Total Fees: $100.94 BWSR fee policy:http:iiw,vw,b%srAete.cen.uaoweuinds•wetlandbankinglee and sales data/Wetland Banking fee Policy Effective Ivnel 2011.pdf 2. Seller represents and warrants as follows; a) The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources(BWSR) pursuant to Minn. Rules Chapter 8420.0700-.0760. b) Seller owns the Credits and has the right to sell the Credits to Buyer. 3. Buyer will pay Seller a total of$4,311.00 for the Credits, as follows: a) $0 as earnest money, to be paid when this Agreement is signed; and b) The balance of$4311.00 to be paid on the Closing Date listed below. 4. [®] Buyer, [❑] Seller agrees to pay to a withdrawal fee of$87.65 to the State of Minnesota based on the per credit fee of$1,922.00 for Bank Service Area 7 and a stewardship fee of$13.29 based on the per credit fee of$302.00. At the Closing Date, [®] Buyer, [❑] Seller will execute a check made out for this amount,payable to the Board of Water and Soil Resources. Page 1 of 2 BWSR Example Purchase Agreement Updated July 14,2017 5. The closing of the purchase and sale shall occur on_on/before March 31,2019 (Closing Date)at A To Be Determined location. The Closing Date and location may be changed by written consent of both parties. Upon payment of the balance of the purchase price, Seller will sign a fully executed Transaction Form to Withdraw Credits provided by BWSR,provide a copy of the Transaction Form to Withdraw Credits to the Buyer and forward the same to the BWSR along with the check for the withdrawal fee and stewardship fee. 6. Buyer has applied or will apply to the Minnehaha Creek Watershed District(Local Government Unit (LGU)or other regulatory authority)and U.S.Army Corps of Engineers for approval of a replacement plan utilizing the Credits as the means of replacing impacted wetlands. If the LOU has not approved the Buyer's application for a replacement plan utilizing the Credits by the Closing Date,and no postponement of the Closing Date has been agreed to by Buyer and Seller in writing,then either Buyer or Seller may cancel this Agreement by giving written notice to the other. In this case, Seller shall return Buyer's earnest money, and neither Buyer nor Seller shall have any further obligations under this Agreement. If the LOU has approved the replacement plan and the Seller is ready to proceed with the sale on the Closing Date,but Buyer fails to proceed,then the Seller may retain the earnest money as liquidated damages. ( 'i:t. e of eller) I (Date) (Signature of Buyer) (Date) Page 2 of 2 BWSR Example Purchase Agreement Updated July 14,2017 Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka,MN 55345 1. PROJECT INFORMATION Applicant Name Project Name Date of Application North Shore Meadows LLC 2385,2265,2285,and 2165 Application Number North Shore Drive,Orono 10/5/18 W18-38 ® Attach site locator map Type of Decision: ® Wetland Boundary or Type n No-Loss ❑ Exemption ❑ Sequencing [' Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ❑Approve ❑Approve with conditions ❑ Deny Summary(or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: November 14th,2018 ®Approved n Approved with conditions(include below) ❑ Denied LGU Findings and Conclusions(attach additional sheets as necessary): North Shore Meadows LLC has applied for wetland boundary&type confirmation for the wetlands located at 2385,2265,2285,and 2165 North Shore Drive in the City of Orono,Hennepin County, Minnesota(PIDs: 1011723330001, 1011723330005, 1011723330006, 1511723220001). Legal description: Section 10/15,Township 117, Range 23.The boundary/type approval was requested on October 5,2018. A wetland delineation was conducted by ISG on September 14,2018.A complete delineation report and WCA application were submitted to MCWD on October 5, 2018. Eight wetlands were delineated on site as described in the below table. Additionally,the applicant submitted a MnRAM analysis for five wetlands that were not identified in the MCWD Function Assessment of Wetlands(FAW). The Management Classes are also summarized in the below table. BWSR Forms 7-1-10 Page 1 of 3 Delineated DNR Wetland Circular Eggers& Reed Wetland Protected Management ID 39 Class Area (sf) Waters fresh (wet) A 2p3 meadow/shallow 64 623 No 2 marsh seasonally B Type 1 No 3 flooded basin 1,193 seasonally C Type 1 No 3 flooded basin 203 seasonally D Type 1 No 3 flooded basin 2,013 seasonally E Type 1 No 3 flooded basin 958 shallow F Type marsh/deep 398 306 Yes Preserve marsh G T e t fresh (wet) No 2 yp meadow 1,017 H Type 3 shallow marsh 24,122 Yes Preserve Table 1: Delineation and Management Class Summary MCWD, BWSR, and ISG reviewed the boundaries in the field on August 3,2018.MCWD and BWSR were in agreement with the wetland boundaries and types identified on site. MCWD approves the wetland boundaries and types as shown in the attached delineation exhibits. . This decision is valid for five years. Additionally,MCWD approve the management class for each wetland as summarized in table 1. A future project located on this property may require a permit from the MCWD. For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal(sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑Financial Assurance: For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑Deed Recording: For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: BWSR Forms 7-1-10 Page 2 of 3 Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU upon request. Name Title Heidi Quinn Permitting Technician Si:nature Date Phone Number and E-mail 11/14/2018 952-641-4504 hquinn@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal(30 days)has expired. If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3.APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: • Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and$100 fee to: Send petition and$500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka,MN 55345 520 Lafayette Road North St. Paul,MN 55155 4. LIST OF ADDRESSEES • SWCD TEP member: Stacey Lijewski-stacey.lijewski@co.hennepin.mn.us ® BWSR TEP member:Ben Carlson-ben.carlson@state.mn.us ❑ LGU TEP member(if different than LGU Contact): • DNR TEP Becky Horton-becky.horton@state.mn.us • DNR Regional Office(if different than DNR TEP member):,Jason Spiegel Jason.spiegel@state.mn.us ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different):North Shore Meadows LLC, AAAdams@cbburnet.com Members of the public who requested notice(notice only): Christine Mattson- CMattson@ci.orono.mn.us; Melanie Curtis-mcurtis@ci.orono.mn.us; Travis Fristed- travis.fristed@is-grp.com; Lucas Mueller-lucas.mueller@is-grp.com ® Corps of Engineers Project Manager(notice only): Justin Berndt- Justin.T.Berndt@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) BWSR Forms 7-1-10 Page 3 of 3 5. MAILING INFORMATION For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA_areas.pdf For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf >Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg. Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg. Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E. Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions, see:http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf >For a list of Corps of Project Managers:www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District,ATTN: OP-R 180 Fifth St.East, Suite 700 St. Paul,MN 55101-1678 >For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul,MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ®Approved wetland boundaries 111 BWSR Forms 7-1-10 Page 4 of 3 a ,.1 F-"r ..T'iiii:.n^C:•;11 ,�If/ ( � v. t 13 18 ,...-- writ;;:i -igingniiitti**,-.' - - p. _ . - _-., -- - a " I' � i�if� ' 24 I 20 21 2 z 5 a � r 5 25 : *' 3 36 3' Nit rnc.tq: 1 LE :9Pi 1. _W x It te_r •�y .7: .- ` .___ .._ : � _.._.--- s9_.° IC __r - 4 _. ,; I 7 . 9 10 I I t 0 7 .._ x _. 1 k._ Ai, ,, .. - K r I 13 I8 17 I5 4 I y 15 13 18ie �6 1413 ; _..t x R -�E4 47 - ; 4; ; -, y; ',-,-44.,'.`,': 19 20 2 24 I 20 22 9 ..z t2I 4, - 2,4 411 y. 30 29 28 27 26 23 ��c c 30• 29 28 27 26 ... a 31 32 33 33 34 35, + 36 .•wu 6 3 2 I K 6 �ls 4£394 8 9 tY #41 .,':7 _.::!':-.;L;-V''' 494 I ' II . .12' ,,..-0i ,Nifie„....._.:, • .-.. „,,9 ---is ----2::::::,- -- . ...... -.„_.*:* -- �a4,,N5 t 1 4 1 . ; -''--::' o rv,_ - .= eill 24 e1.5 19 2 21 23 = •.. ,„:„.„- :,,,,,.,„,„,„„ 20 21 23• 24 2 l26 ,. 4 l ' r r 3i 25 30 29 28 t .il. 2. I 1. 3 29 11, 28 2 25 - . 36 31 ` 33 1 34 35 1 4 g . 31 32 33 ` I....323 J c i), 34* 35 - - . , a. 3 3 36 s 14,, Il X 7 0 0 - .i.. .,. ,, _ , _. E � - EltlL.) 494 E; ....... . I�$a `�F I$ Ib 154 i 18„,, „:„..„,,,,„.,,,,„,,,„..„,.4„,:,,.:.:,:,-„,„.„,„.„-A„.,„„,,,,,,„..... _.:,:„....:___ 17 4. __,.„1;,,A„..6 IS 4 z . ,.,. . ,.,. ,,,, ti... .,_,5-;--i,',:::1,-;-.:-...,-'.-:::! zs 23 01 14 # �20 21 2 � r4y 30 29 28 27 e. . 29 '} Z ?5 36 r � :h w �3 L 4' 32 # ra 35 101 Monday,September 10.2018 ,•,,,,,,Number 8-222 11111 N Project Location Map sou,ce(s) 0 6,500 13,000 Muniapalites(MN DOT,0124/2016) �����Feet North Shore Meadows Lakes(MN DNR July.2008) I in- 13,000 k Cornties(MN DNR,July 2013) Wetland •Delineation PLSS(MnGeo/USES) Orono, Hennepin County, Minnesota 47 - y. M w Prospect Ave'1 Spate , ;s a 'int 714,4* t4 '-,11y. Q !' _,� A • 3 Wetland`G Wetlian A m o a I .484 Acres " r f 0.02�3 Qcres F � r �.,,. aas; � <. t w 1 e 51 Nor... __ s k w . ,' . *";-#:****,,,,,,,,, **,.r '. * , '..,:171-0*,7 . ffiT r.1 • R� p t'1 *, , , ,s,..e.: ,,,' fi' Y� i , - •- • / t;:. Wetland FE' r 9. 143 Acres:-:17-47\ '' II, z "-;.-- . Wetland • 0.046 Acres' 6. . ' Wetland E ; , , Wetland B ' 0.022 Acres .v.ffr- , 7 0.027 Acres Cit } 'r' - Wetland C c /-,, , 0.005,Acres, _Wetland H ___7 J :15 0.554 Acres Legend • r e0 z QProject Area j t'4- — Wetland Delineation ' { 5 - Wetland Type Type I -Seasonally flooded basin or flat 0 0 Type 2-Fresh(wet)Meadow ,,' I Type 3-Shallow Marsh 5 1111 Type 4-Deep Marsh ,1 , L Tuesday,October 02,2018 Project Number I8-2221 I Figure 6 N Source(s): 0 200 400 Wetland Delineation Overview Vap ) O thophoto(Hennepin Co.,2015 ..."....".•■■•=mmi Feet Wetland Delineation(ISG,2018) 1 In=400 h North Shore Meadows A Wetland Delineation Orono, Hennepin County, Minnesota `i CO� r c 962' 9' '2-96,2,', ;- it ° l'. a i E Ii I i I ,Et` 3 j ', T � `96n tr I t � i - N u , $ t 6 i ' # g R 966 . : .- —;*.,(--5, 3 Yetlalld:_G. 3 7 := ._ ; I 4 0 3 Acres •�'. u. m �t .�., SP 2- Up ',6•\_-_'3, ' ''..--;''le:_.- t'44".-- om Up SP 20GWet ' }. K 964 n Z �r 4 ' x{,19 '-'."'-.?"1'''. Acres " &4$' .,^, x s V 'as ' 4 A,, r t '�.! 5"i p a { _ . 1 sP 0� \ SP nM'b, 3 a 1 :.a ''1.:7,' ::--;#4015"''"-,,c4;‘),-'`":'''-‘,11' i k r M i r" , �ti .{t„T ,t•- 1 e � , its - ..„-',i ;: ue• gam § , .'17t;w' r c , i e. '' "` ,c9�c^. `.. y.,,y Si,a v4,.�,, t ` 9,11 • & 4 .: F 4 9' litt,?,1,3*-4'410,,0,,,,.„."` .,ft: W Type 3s r' 0.083 Acres 9�846 i2 ;:t7,,$.4'' Q litt �. 9 -.J, Wet :.� _ c �o w Legend y6�, ".�'' •;34 � �, i =Proj • ect Area X64 �'.�� •r�}ee ,0 ..N., -...:__,' 1� Wetland Flag � �N ar•� tl U Photo Location �iS "' <` s Wetland A � `td ��i � Wetland Delinei. ation 1.484Acres "'" 10'Contour i 2'Contour _ �\ h� zt. Sample Point • Upland ..+: DC7 • Wetland - s ii Wetland Type ..- f ,v Type Seasonally flooded basin or flat ' Type 2-Fresh(wet)Meadow - _ ® S J 1 Type 3-Shallow Marsh '•-y. r' 'LC:::'' 1,., ow Type 4-Deep Marsh 00 ! Tiesday.October 02,2018 Prol - v:�n- n 15-2221 Figure 6a N o 11111 70 140 Wetland Delineation maps(Henne OhoD 1C,0(Hennepin Co 2015) Feet North Shore Meadows Wetland l)°FIneatlon(ISG,2010 I in= 140 ft Contours(MnGeo LIDAR,2012) Wetland Delineation Orono, Hennepin County, Minnesota ��. r 9Sg 1 , 9 X68 96 9 w SP'26 Up rm�`� "` ,,, No„-th Shore a 51 I 956 ' .. d l • , . . ....„. -__ 968 ` ' t . ,. .sts „, ,.( .. g68 , « Up 2 , . ., . es ...., # .:t 4 ., ,,,, . -, . 9s p 964 ez, . . s ^ err .,0,4,- _ ,,,,,,;,,,_ w . . •' ... ., r 2 gs � 956'..A..,,....,` S6 }t � j� D • ; 96,,i4*,..,47:7"..:,..ii.;!ti,i4.: ��Va� 960 '�* � 946 . .1.4:,,,,, 954 _ � Os' ' `96‘,0 ; =.l x sL. Sc • r a 9 . 2 �,, T e 3 = a �'t ,' o� D' SF 15-F Up s� 2 6Y23pAcres�. �' , fel w . , - j, 968 +. r 1 J. 9 1,�f ;� S. 16-F'Wet 1:2e 66 t L Yj v/ 49t•- if p':'.4",-;‘,""?:,,' . 7x 7 '2 932 13 1, ii:z.,;, .. h ,, ' a �3, } s „''' t t ..f --Pa' ...i-.."''''.!i� y'4w , ' y a ,,,, < 4 ('D 3p I5a 6.520�A�cres, .4ta „ ' {„ k`k r # ,m g32 ` i,,1' >ti 18 sik q" �4l p'•ss qtr .' �" , Legend r - 19 Project Area t Z § co'O Wetland Flag r � ;co 0) co O O j' , U Photo Location `��' R�" Wetland Delineation 10'Conrour 32 .1 " o 21 2 contour p x'u•,fit e rrb Sample Point SF 1$-F Wet ' `'. N '° 424 23 22 Upland �ti 932 y, xw ` • Wetland (� .�.;_. -, r� .etctie 3 I �, 1.30 - ., ix 25* 93a o Wetland Type aT _ / 29 •�''28�.,_.+ 4 - wetland [ ,. • milType I-Seasonally flooded basin or flat •.$3 •i+'� _ i""'""-j.26- �/.�/et I a n�; 1 o �J Type 2-Fresh(wet)Meadow 27 - 6) j Type 3-Shallow Marsh e 9.143_.Acres al Type 4-Deep Marsh 33 �� 952 SP 17-F Up • r..--- • e 952. Tuesday,October 02,2018 Projec Number e-2221 Figure 6b AN Wetland Delineation Ma 0 75 ISO sou_ce(sZ Ort'nopnoto(Hennepin c°'2°15 o.,201 S) Feet M Wep tland Delineation(ISG 201 8) - 150 R North Shore Meadows Contours(MnGeo LiDAR,2012) Wetland Delineation Orono, Hennepin County, Minnesota , a b�. A :,1-. .,,,:,,,,,,., SP 17-F Up s sa - 944 ° Wetland F, +ga93p 4 9 '-.1,31,:14:',:74.:i. 33� .� , ; $" :'', ;„,,9:-I.431Acres msµ , '4. <. ..,`” 36 g r•` 4 � "` a' 9S2 . . 5., w 0' ��O , , , • - ".-' - e gSo 44, � SP:I 3 E Up . ,,_ ittz � 944 kk .. }� s t 9�6 R � •,',A,. �� ..5 6 x `i �`S SP I4.'E Wet ,-1.--4.--,,, '►'; §.,;q ,,,•. wrx. �f 3 r1..� J2 \\\',\ �i . 'It, Wetland 0.022 Acres } i . ' .Aft. F SIS � , ti / !1932+ u \. -, ,5, :' i; r ;,``:(8-5' Qom 2 xu Lake Minnetonka \,‘‘ °ati0 f „../...-:-.' ' ' OHWL 929.4' °° I y t,. A. 1-1 V 10 `, ,y O SP 23-H Up 9�. Oj. Legend. 6 • - y� =Project Area ” 5+°"'"+' A f t ib a o Wetland Flag a,. 3 3 ® ti- ,>3,"32SP 24-H Wet Photo Location 2 +� . ()'.)'1.'fa 3.Y i` ,y .r.-tr ti 4926 #_Wetland H Wetland Delineation �'I•'.4.:.....,'4,.; , M - - 10'Contour `4 _-__`---- 0, 554;,Acres f.{ 2'Contour .:.. . ,04,,. Sample Point + Upland -932 0) ,-- .. • Wetland c,,' u`�2 • 9,9 ` F- Wetland Type ®Type I-Seasonally flooded basin or flat �J"`> '>? - Q i Type 2-Fresh(wet)Meadow 928Y , ' 926 930 F-1 Type 3-Shallow Marsh 9 F.---1 ®Type 4-Deep MarshP- ',...,,,,...„,,,__ u > ;932' r. Tuesday,October 02 2018 Froje Number 8-2221 . Figure 6c N Wetland Delineation Map Source(s) ==0 120 M o.hophoto(Hennepin Co.,2015) FeetA North Shore Meadows WeJand Delineation(ISG,2018) 1 in= 120 ft Contou s(MnGeo LiDAR,2012) Wetland Delineation Orono, Hennepin County, Minnesota • (1° -- 95 _. , , • • ' . 'Fp T .•5 . -- -976 " ft'.•:i i 111. ! '! ' . ' '', 1 ' •,44: ! SP I 2-D Wet ,.. ,,, , ink ,10. c(t.---, \ ,- ---‘-------- • 918 Wetland D ._.,6. --- 24, ,iptc.4"6 ' ' 4-- 4.,4, .....„ 142, -0'2 ,4;e#24.777 ,,,„,,,,,,,‘,",,,4„,..„,.,i, :',",,,,,,T;..,,,..,1. 4.1„.....,71,.,„,,,:,,s, .SP,, I Ich-D 1.15: \__ '' 0 022 Acres ,...,,li-,. • ,- :::,,,,,,.,,,, \ • \ , ,1, .. , ,.: b. ' sp 25- UP c. . -rip Oe2t7i aAnc dr e sB 62 •: 0) . '...--.,...'t 14„„.• k i•''9•'-'2,,' • • '''.'-'1,';'"i'...'‘'',.-- 21 . !‘""'" . 'N.,' _:....1 'r :'!'!)'•• 'AV' !''''. ' - ! , ' ..,/,5 , :LT,..,;,*,. . ,..,. . -,,,. -.,::,..../.;,.....,.. •-,,,,•,--- --, . . , .:',..,-„, , 3 co - , ' „ l'',.",' './ 2,2-,, . ''' !' :-'!,', •;')1:•,vitt14,7::' •-',<\\.' ,•!:41.,..'.,\ 4'..-, ;,:t!."?•'-'1; 11 2A (0 ' 14• 7'11; .:130, ; . , ,_'...4.A.!':!1'-.?. ' '''',,-\\ . '•I'''' \\ ' ' —IP 4'1111 ..: \\. '''''\'. SP, 7-B UP , 0... ,.••5 l '!1'"-'''''*!-''" • "1 ' ‘, ' ', '.';' "i''..'`, -a 1 !' .(A!;:e "'!":',',!'-',''-' ''''' • -; '` -'! " •- ' "; 8 6 ''..A. 4,11'..'4ft \ `,'• r B i ' SP 22-H Wevl: '''':-' "7:„.-,,,,...,..„, \ ,:k\y, \', .,9;Dck 9'1. _ 1 23 SP 8-B Wet /' ...-,,,..'.;;I:,•,,,,.. v: 950 SP 9-C UP , ,. ', ' -,` •1 r,'t-,v • 4:',,:y. ' , . 1 • of ,,:',.! re,1;•'::?4,,:,.,,',.If Wetland H ____ Z \-' ,::: It94 25 6 4;•4________----3 0.554 Acres W0.0e0t5laAncdr.eCs - .,,,_, -,''- , f-':::'-'' \ '7-- ' - .5P I 0-C.Wet ...;.26 1 -, •,:i' '1/4 , ,,, ' . e' :,.., ,k oo . 4.24 e.,' /i . ) .,--- , N " Lake Minnetonka 1, • 4`0\'( - -956 -r - ---k . _ -.. st , -, • - , OHWL 929.4' 9 , '\- , .li . . • .c) , . ,- • 0 16 • fi i • ..., col l ' Legend a, • .-' 4....,:i 2- . ' 2y184:441791441;;#;--r'- 1:3 Project Area Wetland Flag • ' ! '''• 1 (_.,, [ Photo Location Delineation O it, . .. t and • . ., . , T. . , •..,.,': . L .• .‘,. •. . . I W .--._ 10,Contour ''' • 2'Contour * ..,, ,f (- Ca ca .70' r'• ' C° , — ' Sample Point /41:' 13I • , , • .. . . . . , < . • upland • sY Y'•••'''..t'-.t. ' E • Wetland • - . - . ..01/1r ' . ...,.!46 r.15- - '-'" '7- AT, 0 32 ft- ca ' , Wetland Type :r-1• .-. - ' 14....:4„,, , i't.: i, ,• 00 LP ,,., '2- -.-.'.0< • , e, = • is Type I_seasonally flooded basin or flat ,,, , .,..H : f „A....,„. ,... e , ,o ., 94904.4_ i 1 Type 2-Fresh(wet)Meadow ' ` Nri• 4'8' 4` . Type 3-Shallow Marsh g34 - . , • , • . • Pror,'N'-'abc mi Type 4-Deep Marsh Tuesday,October 02 2018 Figure 6d N source(s) co \'V andShore elMineeaadtioowns Orono, Hennepin County, Minnesota •»`d � DEPARTMENT OF THE ARMY .': e/ U.S.ARMY CORPS OF ENGINEERS,ST.PAUL DISTRICT iw'''"-=-. '2. y � 180 FIFTH STREET EAST,SUITE 700 Q\ ST. PAUL,MN 55101-1678 6/12/2019 Regulatory File No. MVP-2018-03135-EJW North Shore Meadows, LLC do John Adams 2265 North Shore Dr. Orono, Minnesota 55391 Dear Mr. Adams: This correspondence is in regard to your pre-construction notification (PCN) requesting Department of the Army (DA) authorization to discharge 0.02 acre of fill material into wetlands for the purpose of constructing a storage shed and sport court. The table below lists the Township, Range, and Sections in Hennepin County, Minnesota in which the project is located: City Township Range Section Orono 117N 23W 10 Orono 117N 23W 15 Certain minor activities are eligible for authorization by general permits, which include Nationwide (NWP) and Regional General (RGP) permits. Your project as shown on the enclosed figures labeled MVP-2018-03135-EJW Pages 1 of 2 through Page 2 of 2 is authorized by NWP 29, Residential Developments. In order for this verification to be valid, you must ensure the work is performed in accordance with the enclosed general permit terms, General Conditions, St. Paul District Regional Conditions, and the Minnesota Pollution Control Agency's 401 Water Quality Certification Conditions. You are also required to complete and return the enclosed Compliance Certification form within 30 days upon completion of your project in accordance with your permit conditions. Please mail the completed form to the Corps contact identified in the last paragraph. This verification is valid until March 18, 2022, unless the general permit is modified, suspended, or revoked. If the work has not been completed by that time, you should contact this office to verify that the permit is still valid. Furthermore, if you commence or are under contract to commence this activity before the date of general permit expiration, modification, or revocation, you will have 12 months from the date of expiration, modification or revocation to complete the activity under the present terms and conditions of the general permit. Our verification of this permit is based on the project description and construction methods provided in your PCN. You are cautioned that a change in the location or plans may invalidate this verification. Proposed changes should be coordinated with this office prior to construction. Failure to comply with all terms and conditions of this permit verification invalidates this verification and could result in a violation of Section 301 of the Clean Water Act or Section 10 of Regulatory Branch (File No. MVP-2018-03135-EJW) the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. No jurisdictional determination was requested or prepared for this project. While not required, you may request a jurisdictional determination from the Corps contact indicated below. If you have any questions, please contact me in our St. Paul office at (651) 290-5357 or Eric.j.white@usace.army.mil. In any correspondence or inquiries, please refer to the Regulatory file number shown above. Sincerely, Eric White Project Manager cc: Heidi Quinn (LGU) Stacey Lijewski (SWCD) Ben Carlson (BWSR) Becky Horton (DNR) Lucas Mueller (Agent) Page 2 of 2 MVP-2018-03135-EJW Page 1 of 2 1 12 7 8 9 I. [onka-Maxwell Pg..ttie.1..1._kl..-----Airl . 4. ' - s 13 I8' 7 6 5 _ ,* ' : : ,F ^` - -�_.__ - M�¢ to eis 24 { I� 20 21 2 a 15 He • zs 30 rono 6` Count Vit., 36 31 3 3 0 Minnetonka Lower AgEnilligir eV Lakea-Lower:: pi .4 ,., 11' r ■ a N4,1111111 ® 6T a 6 5' 3 . t .. .:. s _ L. • t Site io 8 7 12p9 1 8:.; 9 101 II ..J ' 7 e 9 s II .. , a I - 8 7 IS 14 I� .r v 1. 14 3 elk 4.,,, TcOUn. 4 - 1 19 20 21 ff 4 I` . 0 I a #, _._. •s i 22 9 �0 I 2 t 2,4 e f 8: 25 30 29 28 27 26 25 n til,fir' "i'd te '''''' 3 30 29 28 27 26 t .__ 7 e 36 31 32 33 3 35 36 c�n■sc ;4 X35• 36 c L. F 6 � 3 2 I tL� 394 49 IQ flig64141 8 9 e -4- *Y 1 ,, ,,,- . 1 . , _ 40 va,...- ik 8 IS \ 17 4 3 I s ,24'-'..'' 19 20, 21 2 23 21 23 i 24 2�— 25 30 29 28 ' — i 3 4 26 4 26 29 28 2 25 — d sok 36 31 33 39 35 I 32 33 393 35 'Il31 1 32 33 4 3 36 1 a fz 1 L , 1! f { ' r 3 sS2# ,� I 5 a 3 2 X3 ll" " ti f0 ' ` ( stV St. 10iilL 1 12 �, ikir Earf$ off .! ! d f . , `,, > f I„ 18 16' IS t .j a : ,494 l r s a 8 17 I6 IS 4 y 24 2 [ 4° 19 20 4 c " a a;. y 23 01 -, 14 X20 21 3 � r 0 . - a 4' r " z 27 k 26 2S 30; 29 28 27 26 ( 125• y 25 3i 3-„;:.:4::-'21,-':';'--,',„'-'33 X61 ` 3Z. 'S 3 34 35 101 '3tt= 3 Monday.September 10 2018r IV i Froj.,c35L -ber13-2211 N Project Location Map Source(s). 0 6,500 13,000 Municipalities(MN DOT,6/24/"2016) �a Feet North Shore Meadows akes(MN DNR,July,2008) Counties(MN DNR,July 2013) I n= 13,0000 Wetland Delineation PLSS(MnGeo/uses) Orono, Hennepin County, Minnesota ¢3 E. N m rx p r n CL 2®ry EI re' f° c ° aaaa w � N o Y = o 4 � a w o o ;,1A,-. a ,r. "'"may, *-14,,,, +k'o" %.7,,%:41S--', = 4. t+. ' *.v, 's f \ T "+ M! { 'k` �\\ 'fir'✓i^i` -,. \ - . „j 1**astdE r a -:--'-.1,1.1'2;;,:-(:,-,i' ' , 1.-il 1- 1;11-10'.'r'..k'-')el ''it'-V*14' - 4 s__: 44,..,,i- ry t tr< �, '"c , �, • 'r =s _. .. .rte fi *n 61+• .., ' s ''tit.-t* '54:---k4:-.1 " - -C, +1-',' t'l -1;- 101%*,'-ii,-;-'---4; . -;.'-',,i-..4:'''**',„'.: ff{5{r� ,�"� fie ,*t�, `L - � " � dil-tpA .pr`s . *a: -. .� ,,r . ;,,,,t-„,,,: „.. `'.' �,. ..tNplk v.,,,r s' 0:tit*,,rfs te} � �`*' ,a' _ r rte �r ' r t x ;'p {ri + � >i- --�1' i �} 54� ' �. , € `,'z:moi _ 3:11g0:010.0ififl„24744,- .'14::.; -1:1-;:r70.1,-.41,7.4"--'-'1.-T-7:- N d,�g.'� Y: p O };y r1 k yt # bK 4 ���''�c� )aFP � �vor � $ •_ aP �S�q��iAX �% _.' _p #� _:,:„.....„_...s,..\:::1,... ye ,.:1:„,..4„0,,,,,,,._.4.7.....„*...4f :ec,....,_ .1. -'. ' ,--%'744*-0e..*---,..:*4!riN.-1,4:i'--.!-`-!ti74." '.-.,..„). ';''',':,,i''' ,..,-4.. -,..-$7.'-'..--.-A---:-- 4 $. 3 " " ".Cit ' -' X dL. 4. ''.1,;:`,t, ;'32 ;mo i x'' _ --.--41„,: ::,,,',,,.1-` ' ,:'.,-4 -'tz,V."4' p't!'-'.• '- - - - .'- } .fir} ) � # � �t�� `s ; '':ve�'Tl:11W:',?';' ��Rr k� 4 - :- ''',/1:/4.04404'`' gyp'§ .- cam. : a � � A}ti. '6'} fit,. - .. -x. ,'.. :z* art-a ' z' 5 Fa,. �� x''`494,, �? ' k R�ert c 29. Residential Developments. Discharges of dredged or fill material into nontidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. This NWP authorizes the construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. The discharge must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters. The loss of stream bed plus any other losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed 1/2-acre. Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters of the United States associated with development of individual subdivision lots. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) (Authorities: Sections 10 and 404) 2017 Nationwide Permits St. Paul District Regional and General Conditions To qualify for NWP authorization,the prospective permittee must comply with the following regional and general conditions,as applicable,in addition to any regional or case specific conditions imposed by the division engineer or district engineer.Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs,or who is currently relying on an existing or prior permit authorization unde one or more NWPs,has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification,suspension,or revocation of any NWP authorization. The following Regional Conditions are applicable to all NWPs: Nationwide Permit(NWP) Limitations: A. Discretionary authority:As allowed under 33 CFR 330.1(d),the District retains discretionary authority to require an individual permit of any activity eligible for authorization by a NWP based on concern for the aquatic environment or for any other factor of the public interest. B. Limit on Tributary Impacts:Any regulated activity that would result in the loss of greater than 500 linear feet of a tributary in a single location is not authorized by a NWP with the exception of projects verified by NWPs 13,27,32,37,53 or 54 where the permanent alteration would have an overall beneficial effect on the aquatic ecosystem associated with discharges proposed.A waiver from the specifications in this Regional Condition may be requested in writing.The waiver will only be issued if it can be demonstrated that permanent alteration of the tributary would have an overall beneficial effect on the aquatic ecosystem associated with the discharges proposed.This regional condition does not expand the limitations of a specific NWP where that NWP is more restrictive. C. Linear Projects:No linear utility or linear transportation projects are eligible for authorization by NWPs.These projects will be reviewed for authorization under the St.Paul District's regional or programmatic general permits or an individual permit. D. Great Lakes Compact:No project or part of a project that would divert more than 10,000 gallons per day of surface or ground water into or out of the Great Lakes Basin is authorized by NWPs. E. Tribal Rights:As stated in General Condition 17 of the NWPs,no activity may impair tribal rights,including treaty rights,protected tribal resources or tribal lands. F. Areas under a Special Area Management Plan:Regulated activities located within an area eligible for authorization under a valid Special Area Management Plan with an associated programmatic general permit are ineligible for authorization by NWPs. G. Designated Critical Resource Water:The Lake Superior National Estuarine Research Reserve is a designated critical resource water and is subject to the NWP limitations and PCN requirements described in General Condition#22 of the NWPs. H. Calcareous fens: WISCONSIN:No work in a calcareous fen is authorized by a NWP unless the Wisconsin Department of Natural Resources(WI DNR)has approved an individual permit for the proposed regulated activity.Project proponents must provide evidence of an approved individual permit to the District. MINNESOTA:No work in a calcareous fen is authorized by a NWP unless the Minnesota Department of Natural Resources(MN DNR)has approved a calcareous fen management plan specific to a project that otherwise qualifies for authorization by a NWP.Project proponents must provide evidence of an approved fen management plan to the District.A list of known Minnesota calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf Pre-Construction Notification(PCN)Requirements for Specific Water/Places I. PCNs for Special Aquatic Resources:A project proponent must notify the District by submitting a PCN if a regulated activity would occur in any of the following aquatic resources.Prior to beginning work in these waters,a District NWP verification letter must be received. PROJECTS IN WISCONSIN: (1)state-designated wild rice waters (6)fens;and (https://data.glifwc.org/manoomin.harvest.info); (7)wetland sites designated of international importance (2)coastal plain marshes; under the Ramsar Convention,including:the Horicon Marsh, (3)bog wetland plant communities; Upper Mississippi River Floodplain Wetland,Kakagon and (4)interdunal wetlands; Bad River Slough,Door Peninsula Coastal Wetlands, (5)Great Lakes ridge and swale complexes; Chiwaukee Illinois Beach Lake Plain. The complete Ramsar list is available at(https://rsis.ramsar.org/). More information about plant community types 2-5 listed above,may be obtained from the Wisconsin Department of Natural Resources website at:http://dnr.wi.gov/topic/EndangeredResources/Communities.asp?mode=group&Type=Wetland. Additional information on identifying bog and fen communities can be found at:http://www.mvp.usace.army.mil/Missions/Regulatory.aspx. PROJECTS IN MINNESOTA: (1)wild rice waters listed in Appendix A of these conditions (2)bog wetland plant communities;and and identified in Minn.R.7050.0470,subpart 1; (3)fens. Additional information on identifying bog and fen communities can be found at:http://www.mvp.usace.army.mil/Missions/Regulatory.aspx and at the MN DNR's Native Plant Community Classification's website:http://www.dnr.state.mn.us/npc/classification.html. J. PCNs for Bridges,Structures,and Vessels more than 50 years old:A project proponent must notify the District by submitting a PCN if work or fill requiring District authorization would affect a bridge,structure or permanently moored or sunken vessels more than 50 years old. K. PCNs for Suspected Sediment or Soil Contamination:A project proponent must notify the District by submitting a PCN if any regulated activity would occur in areas of known or suspected sediment or soil contamination,including but not limited to Superfund sites.Superfund sites in Minnesota or Wisconsin can be located by searching the EPA's website:https://www.epa.gov/superfund/search-superfund-sites- where-you-live.This condition does not apply to NWP 20. Response Operations for Oil or Hazardous Substances. L. PCNs for the Apostle Islands National Lakeshore and Madeline Island:A project proponent must notify the District by submitting a PCN if the regulated activity would result in the work,fill or placement of a structure within the boundaries of the Apostle Islands National Lakeshore or Madeline Island in Wisconsin.Prior to beginning regulated activities in these waters,a District NWP verification letter must be received. M. PCNs for Temporary Impacts:A project proponent must notify the District by submitting a PCN if temporary impacts would remain in place for longer than 90 days between May 15 and November 15.The PCN must specify how long the temporary impact will remain and include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions.See also Regional Condition Q. Mitigation Requirements N. Compensatory Mitigation:Proposed projects that require a PCN must include a statement describing how permanent and temporary impacts to waters of the U.S.would be avoided and minimized.The PCN must also include either:(a)a statement describing how impacts to waters of the U.S.would be compensated in accordance with the Federal Mitigation Rule(33 CFR Part 332)and the current St Paul District Policies for Compensatory Mitigation or(b)a statement explaining why compensatory mitigation should not be required for the proposed impacts. Page 1 of 7 Site Protection O. Site Inspection:The permittee shall allow representatives from the District to inspect the proposed project site and the authorized activity to ensure that it is being,or has been,constructed and maintained in accordance with the NWP authorization. P. Restoration for Temporary Impacts:All temporary impacts in waters of the U.S.,including wetlands,that occur as a result of the regulated activity must be fully contained with appropriate erosion control or containment methods,be restored to preconstruction contours and elevations,and revegetated with native,non-invasive vegetation.A project proponent may request,in writing,a waiver from this condition from the District.An acceptable reason for a waiver to this condition may include,but is not limited to,the District allowing natural restoration of the site when the resulting grade and existing seed bank are sufficient for the site to restore to pre-construction conditions. Q. Duration of Temporary Impacts:Temporary impacts in waters of the U.S.,including wetlands,must be avoided and limited to the smallest area and the shortest duration required to accomplish the project purpose. PART A,ACTIVITIES WITHOUT PCN REQUIREMENTS: Temporary impacts may not remain in place longer than 90 days between May 15 and November 15. Before those 90 days have lapsed all temporary discharges must be removed in their entirety.If the temporary impacts would remain in place for longer than 90 days between May 15 and November 15,a PCN is required and the activity is subject to the requirements and limitations described in part B of this regional condition. PART B,ACTIVITIES WITH PCN REQUIREMENTS: The PCN must specify how long the temporary impact will remain and include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions.Temporary impacts are allowed to stay in place as long as specified in the PCN unless otherwise conditioned in a Corps NWP verification.All temporary impacts must be removed in their entirety in accordance with the plan described in the PCN unless otherwise conditioned in a NWP verification provided by the District. R. Culverts and Crossings:Unless a NWP verification authorizes otherwise,replacement and installation of culverts or crossings authorized by a NWP are to follow(or be restored to)the natural alignment and profile of the tributary.The culvert(s)or bridge(s)must adequately pass bedload,sediment load,and provide site-appropriate fish and wildlife passage. Example design elements include recessing single culverts to accommodate natural bankfull width and adjusting additional culvert inverts at an elevation higher than the bankfull elevation. S. Best Management Practices:To minimize adverse effects from soil loss and/or sediment transport that may occur as a result of the authorized discharge and associated earth work,appropriate best management practices shall be maintained and remain in place until the affected area is stabilized with vegetation or ground cover. T. Riprap:For all NWPs that allow for the use of riprap material for bank stabilization,only rock shall be used and it must be of a size sufficient to prevent its movement from the authorized alignment by natural forces under normal or high flows.A project proponent may request from the District,in writing,approval to use alternative riprap materials. U. Pollutant or Hazardous Waste Spills:If a spill of any potential pollutant or hazardous waste occurs,it is the responsibility of the permittee to immediately notify the National Response Center at 1-800-424-8802 or www.nrc.uscg.mil AND IN WISCONSIN:the Wisconsin Department of Natural Resources'Spills Team at 1-800-943-0003 IN MINNESOTA:the Minnesota State Duty Officer at 1-800-422-0798. The permittee is responsible for removing such pollutants and hazardous materials and for minimizing any contamination resulting from a spill in accordance with state and federal laws. V. Clean Construction Equipment:All construction equipment must be clean prior to entering and before leaving the work site in order to prevent the spread of invasive species. W. Compliance:The permittee is responsible for ensuring that whoever performs,supervises or oversees any portion of the physical work associated with the construction of the project has a copy of and is familiar with all the terms and conditions of the NWP and any special conditions included in any written verification letter from the District.The permittee is ultimately responsible for ensuring that all the terms and conditions of the NWPs are complied with. The following General Conditions are applicable to all NWPs: 1.Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S.Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody,including those species that normally migrate through the area, unless the activity's primary purpose is to impound water.All permanent and temporary crossings of waterbodies shall be suitably culverted,bridged,or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species.If a bottomless culvert cannot be used,then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3.Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation,fill,or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5.Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48,or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6.Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.).Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see section 307 of the Clean Water Act). 7.Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects from Impoundments.If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water,and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows.To the maximum extent practicable,the preconstruction course,condition,capacity,and location of open waters must be maintained for each activity,including stream channelization,storm water management activities,and temporary and permanent road crossings,except as provided below.The activity must be constructed to withstand expected high flows.The activity must not restrict or impede the passage of normal or Page 2 of 7 high flows,unless the primary purpose of the activity is to impound water or manage high flows.The activity may alter the pre-construction course, condition,capacity,and location of open waters if it benefits the aquatic environment(e.g.,stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains.The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11.Equipment.Heavy equipment working in wetlands or mudflats must be placed on mats,or other measures must be taken to minimize soil disturbance. 12.Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no- flow,or during low tides. 13.Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The affected areas must be revegetated,as appropriate. 14.Proper Maintenance.Any authorized structure or fill shall be properly maintained,including maintenance to ensure public safety and compliance with applicable NWP general conditions,as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15.Single and Complete Project.The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. 16.Wild and Scenic Rivers. (a)No NWP activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a "study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b)If a proposed NWP activity will occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the permittee must submit a pre- construction notification(see general condition 32).The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river.The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c)Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or Study River(e.g., National Park Service,U.S.Forest Service, Bureau of Land Management, U.S.Fish and Wildlife Service).Information on these rivers is also available at:http://www.rivers.gov/. 17.Tribal Rights.No NWP activity may cause more than minimal adverse effects on tribal rights(including treaty rights),protected tribal resources,or tribal lands. 18.Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect" a listed species or critical habitat,unless ESA section 7 consultation addressing the effects of the proposed activity has been completed.Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity.Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time,but still are reasonably certain to occur. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA.If pre-construction notification is required for the proposed activity,the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted,additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity,or if the activity is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity.The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps'determination within 45 days of receipt of a complete preconstruction notification.In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification that the proposed activity will have"no effect"on listed species or critical habitat,or until ESA section 7 consultation has been completed.If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e)Authorization of an activity by an NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA.In the absence of separate authorization(e.g.,an ESA Section 10 Permit,a Biological Opinion with"incidental take"provisions,etc.)from the FWS or the NMFS,the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species,where"take" means to harass,harm,pursue,hunt,shoot,wound,kill,trap,capture,or collect,or to attempt to engage in any such conduct.The word"harm" in the definition of"take"means an act which actually kills or injures wildlife.Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns,including breeding,feeding or sheltering. (f)If the non-federal permittee has a valid ESA section 10(a)(1)(B)incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity,the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B)permit with the PCN required by paragraph(c)of this general condition.The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B)permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B)permit.If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B)permit,the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity.The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B)permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g)Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their World Wide Web pages at http://www.fws.gov/or http://wwv.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/respectively. 19.Migratory Birds and Bald and Golden Eagles.The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.The permittee is responsible for contacting appropriate local office of the U.S.Fish and Wildlife Service to Page 3 of 7 determine applicable measures to reduce impacts to migratory birds or eagles,including whether"incidental take"permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20.Historic Properties. (a)In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed,or eligible for listing,in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. (b)Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act.If pre-construction notification is required for the proposed NWP activity,the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will verify that the appropriate documentation has been submitted.If the appropriate documentation is not submitted,then additional consultation under section 106 may be necessary.The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on,determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places,including previously unidentified properties.For such activities,the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of,or potential for,the presence of historic properties can be sought from the State Historic Preservation Officer,Tribal Historic Preservation Officer,or designated tribal representative,as appropriate,and the National Register of Historic Places(see 33 CFR 330.4(g)).When reviewing pre-construction notifications,district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act.The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research,consultation,oral history interviews,sample field investigation,and field survey.Based on the information submitted in the PCN and these identification efforts,the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties.Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR 800.3(a)).Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties.The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c)when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA:no historic properties affected,no adverse effect,or adverse effect.Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d)For non-federal permittees,the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required.If NI-IPA section 106 consultation is required,the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (e)Prospective permittees should be aware that section 110k of the NHPA(54 U.S.C.306113)prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it,allowed such significant adverse effect to occur, unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant.If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected,and proposed mitigation.This documentation must include any views obtained from the applicant,SHPO/THPO,appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21.Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic,cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found,and to the maximum extent practicable,avoid construction activities that may affect the remains and artifacts until the required coordination has been completed.The district engineer will initiate the Federal,Tribal,and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.Designated Critical Resource Waters.Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments,and National Estuarine Research Reserves.The district engineer may designate,after notice and opportunity for public comment,additional waters officially designated by a state as having particular environmental or ecological significance,such as outstanding national resource waters or state natural heritage sites.The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31,35,39,40, 42,43,44,49,50,51,and 52 for any activity within,or directly affecting,critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3,8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33,34,36,37,38,and 54,notification is required in accordance with general condition 32,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23.Mitigation.The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b)Mitigation in all its forms(avoiding,minimizing, rectifying, reducing,or compensating for resource losses)will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre- construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal,and provides an activity- specific waiver of this requirement.For wetland losses of 1/10-acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects.Compensatory mitigation for losses of streams should be provided,if practicable,through stream rehabilitation,enhancement,or preservation,since streams are difficult to-replace resources(see 33 CFR 332.3(e)(3)). (e)Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement,maintenance,and legal protection(e.g.,conservation easements)of riparian areas next to open waters.In some cases,the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required.Restored riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Page 4 of 7 Normally,the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns.If it is not possible to restore or maintain/protect a riparian area on both sides of a stream,or if the waterbody is a lake or coastal waters,then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient.Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis.In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f)Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs,the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits(see 33 CFR 332.3(b)(2)and (3)).However,if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer,the district engineer may approve the use of permittee-responsible mitigation. (2)The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects(see 33 CFR 330.1(e)(3)).(See also 33 CFR 332.3(f)). (3)Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4)If permittee-responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)through(14)must be approved by the district engineer before the permittee begins work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). (5)If mitigation bank or in-lieu fee program credits are the proposed option,the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6)Compensatory mitigation requirements(e.g.,resource type and amount to be provided as compensatory mitigation,site protection, ecological performance standards,monitoring requirements)may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan(see 33 CFR 332.4(c)(1)(ii)). (g)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.For example,if an NWP has an acreage limit of 1/2-acre,it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However,compensatory mitigation can and should be used,as necessary,to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h)Permittees may propose the use of mitigation banks,in-lieu fee programs,or permittee-responsible mitigation.When developing a compensatory mitigation proposal,the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee.For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project,and,if required,its long-term management. (i)Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity,such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24.Safety of Impoundment Structures.To ensure that all impoundment structures are safely designed,the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons.The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons,and appropriate modifications made to ensure safety. 25.Water Quality.Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA section 401,individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26.Coastal Zone Management.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27.Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state, Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 28.Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29.Transfer of Nationwide Permit Verifications.If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature'When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit, including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30.Compliance Certification.Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation.The success of any required permittee-responsible Page 5 of 7 mitigation,including the achievement of ecological performance standards,will be addressed separately by the district engineer.The Corps will provide the permittee the certification document with the NWP verification letter.The certification document will include: (a)A statement that the authorized activity was done in accordance with the NWP authorization,including any general,regional, or activity- specific conditions; (b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements,the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and (c)The signature of the permittee certifying the completion of the activity and mitigation.The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation,whichever occurs later. 31.Activities Affecting Structures or Works Built by the United States.If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C.408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers(USAGE)federally authorized Civil Works project(a"USACE project"),the prospective permittee must submit a pre-construction notification.See paragraph(b)(10)of general condition 32.An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter,occupy, or use the USACE project,and the district engineer issues a written NWP verification. 32.Pre-Construction Notification. (a)Timing.Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a preconstruction notification(PCN)as early as possible.The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and,if the PCN is determined to be incomplete,notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete.The request must specify the information needed to make the PCN complete.As a general rule,district engineers will request additional information necessary to make the PCN complete only once.However,if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity until either: (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer;or (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity,or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is"no effect"on listed species or"no potential to cause effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act(see 33 CFR 330.4(g))has been completed.Also,work cannot begin under NWPs 21,49,or 50 until the permittee has received written approval from the Corps.If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained.Subsequently,the permittee's right to proceed under the NWP may be modified,suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification:The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee; (2)Location of the proposed activity; (3)Identify the specific NWP or NWP(s)the prospective permittee wants to use to authorize the proposed activity; (4)A description of the proposed activity;the activity's purpose;direct and indirect adverse environmental effects the activity would cause,including the anticipated amount of loss of wetlands,other special aquatic sites,and other waters expected to result from the NWP activity,in acres,linear feet,or other appropriate unit of measure;a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity;and any other NWP(s),regional general permit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity,including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification.The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures.For single and complete linear projects,the PCN must include the quantity of anticipated losses of wetlands,other special aquatic sites,and other waters for each single and complete crossing of those wetlands,other special aquatic sites,and other waters.Sketches should be provided when necessary to show that the activity complies with the terms of the NWP.(Sketches usually clarify the activity and when provided results in a quicker decision.Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g.,a conceptual plan),but do not need to be detailed engineering plans); (5)The PCN must include a delineation of wetlands,other special aquatic sites,and other waters,such as lakes and ponds,and perennial,intermittent,and ephemeral streams,on the project site.Wetland delineations must be prepared in accordance with the current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site,but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many wetlands,other special aquatic sites,and other waters.Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps,as appropriate; (6)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required.As an altemative,the prospective permittee may submit a conceptual or detailed mitigation plan. (7)For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity,or if the activity is located in designated critical habitat,the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8)For non-Federal permittees,if the NWP activity might have the potential to cause effects to a historic property listed on,determined to be eligible for listing on,or potentially eligible for listing on,the National Register of Historic Places,the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property.For NWP activities that require pre construction notification,Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; Page 6 of 7 (9)For an activity that will occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the PCN must identify the Wild and Scenic River or the"study river"(see general condition 16);and (10)For an activity that requires permission from the Corps pursuant to 33 U.S.C.408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers federally authorized civil works project,the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c)Form of Pre-Construction Notification:The standard individual permit application form(Form ENG 4345)may be used,but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs(b)(1) through(10)of this general condition.A letter containing the required information may also be used.Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2)Agency coordination is required for: (i)all NWP activities that require preconstruction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii)NWP 21,29,39,40,42,43,44,50,51,and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii)NWP 13 activities in excess of 500 linear feet,fills greater than one cubic yard per running foot,or involve discharges of dredged or fill material into special aquatic sites;and (iv)NWP 54 activities in excess of 500 linear feet,or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3)When agency coordination is required,the district engineer will immediately provide(e.g.,via e-mail,facsimile transmission, overnight mail,or other expeditious manner)a copy of the complete PCN to the appropriate Federal or state offices(FWS,state natural resource or water quality agency,EPA,and,if appropriate,the NMFS).With the district engineer via telephone,facsimile transmission,or e-mail that they intend to provide substantive,site-specific comments.The comments must explain why the agency believes the adverse environmental effects will be more than minimal.If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification.The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs,including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal.The district engineer will provide no response to the resource agency,except as provided below.The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur.The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified,suspended,or revoked in accordance with the procedures at 33 CFR 330.5. (4)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (5)Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. Page 7 of 7 Minnesota Pollution Control Agency 520 Lafayette Road North l St.Paul,Minnesota 55155-4194 l 651-296-6300 800-657-3864 l Use your preferred relay service l info.pca@state.mn.us I Equal Opportunity Employer March 29,2017 Mr. Chad Konickson U.S. Army Corps of Engineers Regulatory Branch Chief,St. Paul District 180 Fifth Street East, Suite 700 St. Paul MN 55101-1678 RE: Nationwide Permits—Clean Water Act Section 401 Water Quality Certification Dear Mr. Konickson: This letter is submitted by the Minnesota Pollution Control Agency(MPCA) under authority of Section 401 of the Clean Water Act(CWA) (33 U.S.C. § 1251 et seq.), Minn.Stat.chs. 115 and 116 and Minn. R. 7001.1400-7001.1470, 7050,7052, and 7053.The MPCA examined the information furnished by the U.S.Army Corps of Engineers (USACE), including the final Nationwide Permits (NWPs) issued by USACE Headquarters on January 6, 2017, and regional conditions proposed by USACE St. Paul District October 14,2016, and is requiring conditions through the 401 Water Quality Certification. The MPCA certifies the referenced general NWPs because there is reasonable expectation that the activities identified within them will be conducted in a manner that will not violate applicable water quality standards provided the work is done in accordance with the following conditions,which shall become conditions of the NWPs: Conditions for All NWP Activities 1. The permittee must ensure that all waters of the United States in or bordering the construction areas that are not authorized to be impacted by the project are clearly identified prior to construction.This may be done through demarcation of the construction area on plan sheets or through marking boundaries in the field,for example construction staking,flagging, or the use of silt fences along boundaries.The permittee must not impact these areas while conducting activities under this permit. 2. Compensatory mitigation as required by NWP,General Condition 23, will satisfy the MPCA rules governing wetlands, Minn. R. 7050.0186. 3. The permittee must install in-water best management practices(BMPs)to minimize total suspended solids (TSS)and sedimentation for any work conducted below the ordinary high water level (OHWL) as defined in Minn. Stat. § 103G.005, subd. 14, of any water of the United States. The permittee must document the in-water BMPs to be used during the authorized work prior to disturbing any land at the site;this documentation may be stand-alone or part of an Erosion Control Plan,Construction Plan, or other relevant construction document.This documentation is not required to be submitted to the MPCA, but must be kept on-site during active construction by the permittee or the permittee's contractor until the project is complete. Proper installation of BMPs is required before conducting the authorized in-water activities and properly maintained Mr. Chad Konickson Page 2 March 29, 2017 throughout the duration of the project's in-water work. While conducting the authorized work,the permittee must visually monitor the BMPs to ensure that the BMPs are working as intended to reduce TSS or sedimentation. If the project activities cause an observable increase in TSS or sedimentation as described in Minn. R. 7050.0210.subp. 2 outside or downstream of the authorized defined working area,the project activities must immediately cease and any malfunctioning BMPs must be repaired,or alternative BMPs must be implemented.This Certification does not authorize the violation of applicable water quality standards outside or downstream of the defined work area. Minnesota water quality standards are located in Minn. R. 7050. Information on the types of BMPs that may be suitable for in-water work is located in the Minnesota Department of Natural Resources Manual titled Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, located at: http://www.dnr.state.mn.us/waters/watermgmt section/ pwpermits/gp 2004 0001 manual.html. The MPCA is responsible for interpretation of the requirements of this condition,determining compliance with the requirements of this condition,and enforcement of this condition.The point of contact at the MPCA for questions regarding this condition is:401Certification.pca(Jstate.mn.us. 4. The permittee must ensure that any dewatering activities do not create nuisance conditions as defined in Minn. R. 7050.0210. supb.2. BMPs must be used that minimize TSS and sedimentation by removing solids in the water before discharging the water.The permittee must document the in-water BMPs prior to beginning any dewatering;this documentation may be stand-alone or part of an Erosion Control Plan, Construction Plan,or other relevant construction document.The permittee must ensure that properly installed BMPs are in place before conducting the authorized activities and maintained throughout the duration of the dewatering work. The MPCA is responsible for interpretation of the requirements of this condition, determining compliance with the requirements of this condition, and enforcement of this condition.The point of contact at the MPCA for questions regarding this condition is: 401Certification.pca@state.mn.us. 5. The permittee must ensure any earthen material used to construct or improve temporary or permanent dikes or dams, including cofferdams, or any roads, is contained in a manner that will prevent any of the earthen material from eroding.The permittee must completely remove temporary structures and restore original bathymetry, or contours at project completion. 6. It is the permittee's responsibility to ensure that the authorized activities do not exacerbate any existing impairments of a CWA 303-(d) listed impaired waters.The following MPCA webpages contain more information and search tools available to determine which waters in Minnesota are impaired: http://www.pca.state.mn.us/lupg1125 and http://www.pca.state.mn.us/mvri1126.The applicable water quality standards are located in Minn. R.ch. 7050. The MPCA is responsible for interpretation of the requirements of this condition,determining compliance with the requirements of this condition, and enforcement of this condition.The point of contact at the MPCA for questions regarding this condition is:401Certification.pca@state.mn.us. 7. Any fill used in any water of the United States must be clean fill that is free of any solid waste,toxic or hazardous contaminants, and invasive species as defined in Minn. Stat. ch. 84D and Minn. R. ch. 6216, Mr. Chad Konickson Page 3 March 29,2017 including those discussed in "A guide to Nonnative Invasive Plants Inventory in the North by Forest Inventory and Analysis," 2009, C. Olson and A. Cholewa. http://www.nrs.fs.fed.us/pubs/gtr/gtr nrs52.pdf. 8. The permittee must provide: a)a copy of this Certification; b)documentation of any required BMPs under conditions 3 and 4; and c) any written demarcation of waters of the United States under condition 1;to any prime contractor responsible for completing the project's authorized activities.The permittee must also ensure that there is a mechanism in place requiring each prime contractor to provide the same information to all subcontractors, at any level, responsible for fabricating or providing any material for the project or performing work at the project site. In addition,copies of these documents and any other relevant regulatory authorizations related to impacts to Waters of the United States, must be available at or near the project site for use by contractors or staff responsible for completing the project work and must be available within 72 hours when requested by the MPCA staff. 9. The permittee is responsible for compliance with all applicable conditions of this Certification. 10. This Certification includes and incorporates by reference the general conditions of Minn. R. 7001.0150, subp.3. Conditions Specific to Individual NWP Activities In addition to all other applicable Certification conditions,the following activities must also comply with the activity-specific conditions below: 1. NWP 7,Outfall Structures and Associated Intake Structures:The permittee must ensure that impacts associated with outfall and intake structures do not harm aquatic life outside of the permitted project area and do not result in an unauthorized loss of waters of the United States without proper mitigation in accordance with General Condition 23 of NWPs. 2. NWP 16, Return Water from Upland Contained Disposal Areas:The permittee must ensure that return water from dredging that is directly returned to the original source water meet the same water quality standards that apply to the original source water. If the return water is discharged into a receiving water that is not the original source water,then the permittee must ensure that the discharge water will meet the more stringent water quality standard of the receiving water and the original source water. Discharges of return water must not violate the state water quality standard identified in Minn. R. 7050.0210.subp.2. 3. NWP 53, Removal of Low-Head Dams:The permittee must evaluate and manage the accumulated sediment behind the structure to minimize downstream effects during and following the removal of the structure. Use low-flow and winter construction and other appropriate BMPs required in conditions 3 and 4 below. NOTIFICATIONS:The following notifications are not conditions of the MPCA CWA 401 Certification of NWPs.They provide practices that can help reduce the potential environmental impacts or they provide notification to the public in Minnesota,that certain discharges in Waters of the State, as defined in Minn. Stat.§ 115.01,subd. 22, or activities associated with discharges into Waters of the State, are also regulated under other rules administered by the MPCA: 1. Minn. R. chs. 7001 and 7090 requires any activity that will disturb one acre or more of land must first acquire a National Pollutant Discharge Elimination System Permit(NPDES)/State Disposal System (SDS) Mr. Chad Konickson Page 4 March 29,2017 General Stormwater Permit from the MPCA for discharging stormwater during construction activity. Both the owners and operators of construction activity disturbing one acre or more of land are responsible for obtaining and complying with the conditions of the NPDES/SDS General Stormwater Permit prior to commencing construction activities.Sites disturbing less than one acre within a larger common plan of development or sale that is more than one acre also need permit coverage.A detailed Stormwater Pollution Prevention Plan (SWPPP), containing both temporary and permanent erosion and sediment control plans, must be prepared prior to submitting an application for the NPDES/SDS General Stormwater Permit. In addition, any project that will result in over 50 acres of disturbed area and has a discharge point within one mile of a special or impaired water is required to submit their SWPPP to the MPCA for a review at least 30 days prior to the commencement of land disturbing activities. If the SWPPP is out of compliance with the terms and conditions of the NPDES/SDS General Stormwater Permit,further delay may occur. For more information, please visit the following webpage: https://www.pca.state.mn.us/water/construction-stornnwater. 2. Minn. R. ch. 7001.0030 requires that, prior to testing the structural integrity of any newly installed pipeline or any existing pipeline maintained or repaired that is authorized by NWPs,the permittee must obtain NPDES/SDS Permit coverage from the MPCA.The NPDES/SDS Permit regulates the discharge of water and trench waters associated with this activity. 3. Chloride from winter road salt affects water quality.The MPCA encourages public road authorities pursuing projects under the general permit to consider the use of BMPs to reduce the use of chloride. General information about chloride and water quality, including the Draft Twin Cities Metropolitan Area Chloride Management Plan, is located at: http://www.pca.state.mn.us/rOpgb86. 4. When riprap is used,the permittee should consider placing riprap in the following manner: a. Use natural rock(average less than 6 inches or more than 30 inches in diameter)that is free of debris that may cause pollution or siltation. b. A filter of crushed rock,gravel,or filter fabric material can be placed underneath the rock. c. The riprap should be no more than 6 feet waterward of the OHWL as defined in Minn.Stat. §ch. 103G.005 subd.14. d. The riprap should conform to the natural alignment of shore and should not obstruct navigation or the flow of water. e. The minimum finished slope waterward of the OHWL should be no steeper than 3 to 1 (horizontal to vertical). Disclaimer: Section 401 Certification does not release the permittee from obtaining all necessary federal,state,and local permits. It does not limit any other permit where requirements may be more restrictive. It does not eliminate, waive, or vary the permittee's obligation to comply with all other laws and state water statutes and rules through the construction, installation, and operation of the project.This Certification does not release the permittee from any liability, penalty,or duty imposed by Minnesota or federal statutes,regulations, rules,or local ordinances, and it does not convey a property right or an exclusive privilege. This Certification does not replace or satisfy any environmental review requirements, including those under the Minnesota Environmental Policy Act (MEPA)or the National Environmental Policy Act(NEPA). In accordance with MEPA, Minn.Stat. § 116D.04, subd. 2b,and related rules, projects that are required to complete an Mr. Chad Konickson Page 5 March 29, 2017 Environmental Assessment Worksheet(EAW)or an Environmental Impact Statement(EIS) may not be started until: • A petition for an EAW is dismissed • A negative declaration on the need for an EIS has been made • An EIS has been determined to be adequate • A variance has been granted by the state Environmental Quality Board An Environmental Review, required by law for any project, must be complete in order for any state permit or Certification to be valid. The MPCA reserves the right to modify this Certification or revoke this Certification as provided in Minn. R. 7001.0170. Pursuant to Minn. R. 7001.1450, failure to comply with any of the conditions in this Certification may result in the MPCA invalidating or revoking this 401 Water Quality Certification on a project-by-project basis. If you have any questions on this Certification, please contact Jim Brist at 651-757-2245 or 401Ce rti ficatio n.pca @ state.m n.us. Sincerely, A°.?. Melissa Kuskie Supervisor Certification, Environmental Review& Rules Section Resource Management&Assistance Division MK/JB:ds cc: Janice Cheng, EPA Peter Swenson, EPA Wendy Melgin, EPA Kerryann Weaver, EPA Pete Fasbender, USFWS Andrew Horton, USFWS Luke Skinner, DNR Julie Ekman, DNR Jill Bathke, USACE Andy Beaudet, USACE Kristen Hafer, USACE I I US Army Corps of Engineers St. Paul District COMPLIANCE CERTIFICATION Regulatory File Number: MVP-2018-03135-EJW Name of Permittee: North Shore Meadows, LLC—John Adams County/State: Hennepin County/Minnesota Date of Issuance: 6/12/2019 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the Corps contact identified in your verification letter within 30 days. Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation. By signing below, the permittee is certifying that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the permit, and any required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RUN DATE:05/09/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 09-117-23 41 0007 38 10-117-23 32 0016 C J SCHOEN&B M SCHOEN HEIDI J&STEPHEN E CLEAR JR 38 ADDRESS UNASSIGNED 1360 FRENCH CREEK DR ORONO MN 00000 ORONO MN 55391 CHARLES J SCHOEN HEIDI J&STEPHEN E CLEAR JR 2430 NORTH SHORE DR 1360 FRENCH CREEK DR WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 41 0008 38 10-117-23 32 0017 C&B SCHOEN C DAHL&D L HOPP ET AL 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 00000 CHARLES J SCHOEN CHRISTOPHER DAHL 2430 NORTH SHORE DR DEBORAH L HOPP WAYZATA MN 55391 1300 FRENCH CREEK DR WAYZATA MN 55391 38 09-117-23 41 0009 38 10-117-23 32 0018 CHARLES&BIRGITTA SCHOEN C DAHL&D L HOPP ET AL 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 00000 CHARLES&BIRGITTA SCHOEN CHRISTOPHER DAHL 2430 NORTH SHORE DR DEBORAH L HOPP WAYZATA MN 55391 1300 FRENCH CREEK DR WAYZATA MN 55391 38 09-117-23 44 0003 38 10-117-23 32 0019 D&M JR LEVY REVOC TRUST ART CENTER OF MINNESOTA 2425 NORTH SHORE DR 2240 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 DOROTHY C&MORRIS G LEVY JR MINNETONKA CTR FOR THE ARTS 2425 NORTH SHORE DR 2240 NORTH SHORE DRIVE WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 11 0002 38 10-117-23 33 0001 HENNEPIN CO REGIONAL RR AUTH GREGG&DENISE STEINHAFEL 38 ADDRESS UNASSIGNED 2385 NORTH SHORE DR ORONO MN 00000 ORONO MN 55391 HENNEPIN COUNTY GREGG STEINHAFEL REGIONAL RAILROAD AUTHORITY DENISE STEINHAFEL 701 4TH AVE S SUITE 400 2265 NORTH SHORE DR MINNEAPOLIS MN 55415 ORONO MN 55391 38 10-117-23 23 0004 38 10-117-23 33 0005 C DAHL&D L HOPP ET AL GREGG W/DENISE E STEINHAFEL 38 ADDRESS UNASSIGNED 2265 NORTH SHORE DR ORONO MN 00000 ORONO MN 55391 CHRISTOPHER DAHL GREGG W/DENISE E STEINHAFEL DEBORAH L HOPP 2265 NORTH SHORE DR 1300 FRENCH CREEK DR WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 31 0098 38 10-117-23 33 0006 MSSP ORONO LLC GREGG W/DENISE E STEINHAFEL 2180 NORTH SHORE DR 2285 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 MSSP ORONO LLC GREGG W/DENISE E STEINHAFEL ATTN RAJIV GARG 2265 NORTH SHORE DR 855 VILLAGE CENTER DR #382 WAYZATA MN 55391 ST PAUL MN 55127 38 10-117-23 32 0008 38 10-117-23 34 0008 JOHN M BRYANT/DEBRA B BRYANT ROBERT SNYDER 1345 FRENCH CREEK DR 1513 BAY RIDGE RD ORONO MN 55391 ORONO MN 55391 JOHN M BRYANT ROBERT SNYDER 1345 FRENCH CREEK DR 1513 BAY RIDGE RD WAYZATA MN 55391 WAYZATA MN 55391 38 10-117-23 32 0009 38 10-117-23 34 0009 CASSIDY BURNS&DAVID BURNS K KOTTEMANN&L KOTTEMANN 1380 FRENCH CREEK DR 1525 BAY RIDGE RD ORONO MN 55391 ORONO MN 55391 CASSIDY M BURNS KRAIG J KOTTEMANN DAVID A BURNS LAURA C KOTTEMANN 1380 FRENCH CREEK DR 13998 MAPLE KNOLL WAY ORONO MN 55391 MAPLE GROVE MN 55369 38 10-117-23 32 0010 38 15-117-23 22 0001 K T GWASH&M A GWASH NORTH SHORE MEADOWS LLC 1370 FRENCH CREEK DR 2165 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 KEVIN GWASH&MICHELLE GWASH GREGG&DENISE STEINHAFEL 1370 FRENCH CREEK DR PO BOX 67 WAYZATA MN 55391 CRYSTAL BAY MN 55323 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. Hennepin Hennepin County Locate & Notify Map Date: 5/9/2019 rzs • r k ' s £t .-41,...4g;;;K - : is •.-1:_ 'ata ' ,.x=t1 ; ; . #_„-_-:--,4,.....,„,....:„.„„„„:„„c„.,•,‘„,„,‘,,„:,,,,,,„..„- - t .3# Vis- , ..* _. f. fir- b .,r - - • i % i� r ; ^ } . * 1111111 tt:,::::N-1,, iii 14; r.x 3,,-;w7.0. 4t-,,N!tI,Liik,,,-,*,3,''??.,,-1- p 5 -` ti„# ar114YfC . , , . 1:•.t .'F{a m# " s - ?'i: itnll `i s. . # #ym :4,4 7401, S_ P6Xn b ib a` � X5 M r r', yt ,teYc�tgO€h :f , �� ,J'''''''''''' • i "i` -€ j'Y-k'4,• =x.iTh .cF ti'-'eta # : d a -,{ L I� �� �. r �;�"3i'{y ir" �:, �� �1 d� Pit.-, k 2 .r�.,�ia� } 4! is" k'`'"I! min`E Tr:. ,rT k b `- ,-j if- r,r i a W r f '�b f x ° k Rte`a 4' . - x �a . 1 k a ,kyr r sF i 3, - . Y s .rt,ir 0 ' ' ° k0#"i _ " �V` �y l� r� ?�a 3` x ` ` Buffer Size: 500 0 205 410 820 Feet Map Comments: I I I I , I ) i I 2265 North Shore Drive This data (i) is furnshed 'AS IS' with orepesentationasto completeness IS furnracy; (i)is formshedwithrmwarranty of any kind; and (ii) is notsuitable for legal,engineering or suneyng purposes.Hennepin County shat not be liadefor anydamage,injury or loss resulting from this data. For more in€ormation,contact Hennepin CountyGIS Office 300 6th Street South,Minneapolis MN 55487/g is.info@hennep n.us Date Application Received:May 22,2019 Date Application Considered as Complete:June 6,2019 60-Day Review Period Expires: August 29,2019 To: Chair Ressler and Planning Commission Members F j c,� Dustin Rief, City Administrator lkESHO From: Laura Oakden, Planner Date: June 17, 2019 Subject: LA19-000036, Brent Teele, 577 Park Lane, Variance, Public Hearing Application Summary: The applicant is requesting a hardcover variance Staff Recommendation: Planning Department Staff recommends the commission to review the practical difficulties. If the commission agrees with the findings, staff would recommend an approval of the request. Background The applicant is proposed an addition to the existing home. They are proposing to demolish an existing nonconforming detached garage.The new addition will consist of new garage stalls and upper living space. The proposed addition would meet all of the setbacks for the zoning district. The proposal includes a reconfiguration of hardcover, which exceeds 25%. The reconfigured hardcover will be less that the current levels. The application is requesting to maintain the same level of hardcover that is currently on the property. LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: DISTRICT LR-1B Required Existing Home Proposed Addition Street 30' 50' 31.6' Side (north) 7.5' 2.1' (no change) 7.9' Side 7.5' 13.4' 8.9' Lakeshore 75' Average Lakeshore Met Section 78-330- Lot Area/Width: DISTRICT LR-1B Lot Area Lot Width Required 43,560 s.f. (1 acres) 140' Actual 9, 389 s.f. (0.21 acre) 50' @ 75'/ 50' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 9, 389 s.f. (0.21 acre) Allowed: 2,000 s.f. Proposed: 1,997 s.f. LA19-000036 June 17,2019 Page 2 of 4 Section 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover Tier 2,346.75 s.f. 3,235 s.f. 3,233 s.f. Tier 1 9, 389 s.f (25%) (34.45%) (34.43%) Applicable Regulations: Variance (78-1700) (1)Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. The applicant currently has 34.45% hardcover on the property. They are proposing to demolish the existing garage and part of the driveway and place a new addition and driveway on the property creating new areas of hardcover. The applicant is requesting to allow 34.43% hardcover for the proposed project. 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.A single family home in the LR-1B following the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The requested variances are in line with the residential goals within 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 applicant is proposing to create a more conforming structure with the proposed addition. The proposed garage addition by maintaining the same level of hardcover is reasonable for the substandard property. b. There are circumstances unique to the property not created by the landowner; The lot area,lot width,and the existing garage proximity and orientation to the LA19-000036 June 17,2019 Page 3 of 4 property line are special conditions unique to the Property. The location of the existing garage does not conform to current setback requirements. The new proposed garage structure will conform to current setback requirements. Additionally, the new proposed site plan will reduce the total existing hardcover. and c. The variance will not alter the essential character of the locality. The decrease of hardcover, though above allowable limits, appears generally consistent with neighboring properties. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a single family home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property is substandard per the City Code in size area for the zoning district creating a smaller building envelope compared to other properties in the LR-1B district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is small and narrow in shape with limited building envelope allowed for the LR-1B district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant is proposing to maintain the same use of the property but bring the structures more into conformance with the City Code with the proposed addition and demolishing of existing detached structure. 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 variance for the home 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 applicant is working to maintain the same use for the single family home. The applicant has worked through a variety of scenarios to alleviate the nonconformities currently in existence on the property. The request to maintain the existing level of hardcover is not out of convenience but a necessity for the use of the property. 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. LA19-000036 June 17,2019 Page 4 of 4 Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds the applicant is working bring the existing property into conformance with the City Code. The applicant meets the structural coverage and all the setbacks set by the City Code on a substandard size lot. The request to maintain the same level of hardcover for the site but in a different configuration seems reasonable while decreasing the current setback nonconformities. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Department Staff recommends the commission to review the practical difficulties. If the commission agrees with the findings, staff would recommend approval of the request. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Narrative Exhibit D. Proposed Survey Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Neighbor Acknowledgement Form Exhibit H. Property Owners List and Map References: - 2040 Comprehensive Plan Letter View LA19-000036 Land Use Application Summary Exhibit A PC plication Date: 05/21/2019 Address: 577 PARK LA LONG LAKE, MN 55356 Parcel Number: 0611723410046 Land Use Number: LA19-000036 Application Submitted By: Property Owner Owner: Name: BRENT J TEELE Address: 577 PARK LA LONG LAKE, MN 55356 Applicant: Name: Brent Teele Company: Address: 577 Park Lane Orono, MN 55356 teele12@yahoo.com Contact Information: Associated Contact: Chad Vugteveen Cvugteveen@comcast.net Associated Contact: Associated Contact: Associated Contact: Project Description: New Garage Addition Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application D Applicant Signature: • • IF f file:///or-mail/...18-000091%20thru/LA19-000036%20(577%20Park%20Lane)%20Variance/Land%20Use%20App1ication%20Summary.htm[6/13/2019 2:53:50 PM] Letter View LA19-000036 PRACTICAL DIFFICULTIES DOCUMENTATION Exhibit B PC LA19-000036 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: This condition is not applicable. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The lot area, lot width, and the existing garage proximity and orientation to the property line are special conditions unique to the Property. The location of the existing garage does not conform to current setback requirements. The new proposed garage structure will conform to current setback requirements. Additionally, the new proposed site plan will reduce the total existing hardcover. 3. The variance, if granted, will not alter the essential character of the locality. Response: The visual impacts resulting from the addition will not alter the character of the neighborhood. Rather, the home will appear to be aesthetically consistent with the other homes in the neighborhood. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations have not been a factor in the variance approval determination 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 Minnesota Statutes, Section 1167.06, Subd. 2, when in harmony with this Chapter. Response: This condition is not applicable. 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. Response: This condition is not applicable, as the use for a residence is an allowed use. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: 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. Response: The lot area, lot width, and the existing garage proximity and orientation to the property line are special conditions unique to the Property. The location of the existing garage does not conform to current setback requirements. The new proposed garage structure will conform to current setback requirements. Additionally, the new proposed site plan will reduce the total existing hardcover. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The nonconforming location of the existing garage on the lot make the Property unique. file:///or-mail/...%20thru/LA19-000036%20(577%20Park%20Lane)%20Variance/Practical%20Difficulties%20Documentation%20Porm.htm[6/13/2019 2:53:50 PM] Letter View 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. sponse: This condition is not applicable. 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 Zoning Code. Response: Granting the requested variance for the home 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. Response: This condition is not applicable. file:///or-mail/...%20thru/LA19-000036%20(577%20Park%20Lane)%20Variance/Practical%20Difficulties%20Documentation%20Form.htm[6/13/2019 2:53:50 PM] LA19-000036 Exhibit C PC June 6,2019 TEELE PROJECT NARRATIVE We are proposing to remove an existing non-conforming(setbacks) detached garage structure from our property and construct a new 2-story attached garage to our existing home. The new addition will fall within the required setbacks prescribed for the lot and will also fall below the maximum Total building footprint allowed. This project requires us to apply for a hardcover variance. However,it should be noted that our proposed plan will slightly reduce our Total existing hardcover. The primary purpose for constructing this new addition is to accommodate our family size and allow for adequate parking. The new addition will create additional garage/parking space as well as add an additional bedroom. It should be noted that there is no street parking allowed on Park Lane or Elm Street which creates a significant hardship. Our proposed addition includes a 3-car garage and driveway layout that will allow us to adequately park our vehicles on our property. We appreciate your consideration! Brent Teele LA19-000036 Exhibit D CERTIFICATE OF SURVEY FOR N PC zE BRENT TEELE / `e _ OF LOT 12,BLOCK 6,MINNETONKA HIGHLAND PARK / F=,; HENNEPIN COUNTY,MINNESOTA ... a'_ O 5 U> T aefi , 43g- EXISTING ' I p u HOUSE A W . \ \ \ as /56E ,x }Y �Y '� z E \ ase y,a O=' 0 CO\\\ \ �1 N° V A\ A � { ?w' EXISTING Y"°v,„ PROPOSED 1 .r o' , \ D6 a ' a ADDITION a, \ 'T�< HOUSE �v nl , = 'o S w a v��' Nv 5 ''\ 12 ;��, E LAKE ,.ala,7., A\ �w\"�, �e� �, • oPoK,,. ��, MINNETONKA A fV,, , 41ii, a I NORTH ARM \ m.9.'+ \ �1�_ E HOUSE EXISTING \ '�\ O"�•N Ise GARAGE % EE \ TjdO"I t' / ogre \ s 1.3 °'l�s�a VA\ \ vv \ \ \ cme�l a<�o,«<,� po.e,<.el�e�,m<a�,<a<.<�eawm 1 \�\ �, am.a e°m €E jai LA19-000036 Exhibit E PC - — _ ntiw_ le'.o I I �6xofikita Hat-IE---2t _ 1>17�.Fr rzvfmd 1 I 1I� I� / L- -- ,�� 11.26 ea.r-r. 1 I bbl a..Ff FIEH`L.1ltifRur-f4 N c1 I 4 M 0 D R p 0 a,,., y,'2/ f 4 4XfI..IG F�'(Fk111'( I,'h15 Rer Y - N--.." I;W cd14,1", &BO aR.N -total- 019 ,xr. OMMu LGv61i rt.rro'z ftau 'a"- I/N'.i%p" '(ix-'5h1cf%4,IGE a.,.:oARM I .....o vM11 1"14/041 f e,PGwY MaudY eMF.4-Pr X77 r7ARk LANE,OerNa,KA I I or yr+1w-00orww JJ-0nanvH N(L/•i o..... 1,1/Gly --a%N-A4I ll j_ .051•.N/I 4-poic O Nva of,1-1/,0-1 ar-enay IV 9aJ-rriO7 MON = ------=- o 1 t' �— 91111 dal,.... Mo1Y/9'rM"I Iz r J_ d . MGJNIM - 1 _7^qq _. _ e1NV4 ____ ._.—_ — - _ 1-1--11111I111---- _ l H0� 1 'r( Et-W/A-fiou O zoA+�b�/q..1,,,. 3/bM .......a/r/ri HAVV.44 2OPEWf`(MN-.0664-4P-L-1- '511 F ,4- � 1.- -t,Oroua,Mµ. 13aF _ I 1 ,--,-,-",----- 1., 1 I r d .1 T--—-1 , . ' ' , ,, ;---li --- --7, j - -----r.---- IlL 1::, , , I ., ____ , - ..=--- __ ,,,,,...-vA,,,,, OAT. LA19-000036 Exhibit F City of Orono Pc roc Hardcover Calculation Worksheet Property Address: 57'7 fes' K. . j�- ) DRi . Prepared b : � ��� Date: P Y -ftt+U 7i t.� toN 9 Stormwater Quality Overlay District Tier: (Circle one)4:10 Tier 2 Tier 3 Tier 4 Tier 5 Step :EXISTING HARDC In the fo owl e dentify all items of existing hardcover on the property, keyed by letter to site plan or 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 to Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) AOl /3/9 S.F. B 571 S.F. C glikA7LP L7g/06 9/5 S.F. D /w,]/4L. /5-5- S.F. E opllG. /�7 cwle TE /3 S.F. F 4/C-' /k 7 S.F. G 5r .PS /lo t Z/l O..7- S.F. H (J.014/, 4 5711 (75"Ao I- ) VI S.F. I 5/400 4_ 't{) crl•O S.F. J 01,1%. (JAL 30 S.F. K S.F. L S.F. M S.F. N S.F. o S.F. P S.F. G S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. y S.F. Z S.F. (1) Total Existing Hardcover 3,'yO(o S.F. Excludable Hardcover(See City Code Sec 78-1684): /,e1 L 5 .9y 57Aig5 Cls'DF 1-4440) 4t S.F. ..1 hi= La4[1, -90 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 7/ S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] .3,? S.F. (4) Total Lot Area 9/ is 4/5— /j S.F. Proposed Hardcover Percentage ((3).:(4)] '/5 % (Proposed Hardcover next page) Last Updated: July 2018 Note:This is an information sheet only,every effort has been made to insure 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 8 of 9 City of Orono oN© Hardcover Calculation Worksheet `\\ Property Address: 5.77 ,g4KK- 1. � brag) ;'4' at , Prepared by: earDate: 4,/,"7/,--, Stormwater Quality Overlay District Tier: (Circle one0 ier 2 Tier 3 Tier 4 Tier 5 Step v: PROPOSED HARDCOVE- In the following tab e, i•- 1 a items of proposed hardcover on the property, keyed by letter to site plan or 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) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A ,f{pu$.6 (F�lu9rryNdt) 13/9 S.F. g .,- _ S.F. Ct 915 '. S.F. D 6 Ake_ .. ,, n - -- S.F. E sG _YC ,. ,� I.'°-j S.F. F7 S.F. G A57L�F5 /fo t RII 0.A7 S.F. H IX !37' STAt�S (7ssoF tArer) y/ S.F. I (1.tz)- (mac) 010 S.F. J S.F.(„)41or, G1Llf2.. 30 K O (/..)61-)) /58 S.F. L �77 ! pa/ye-kJ/4.r 47 S.F. M Pi20/435E17 ApRt17ot� (�j B S.F. N S.F. O S.F. P S.F. q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z "�"��" S.F. (1) Total Proposed Hardcover .5,q04 S.F. Excludable Hardcover(See City Code Sec 78-1684): ii J Gf/Ho� 6.1intim ) 175t4F(...V.4� J(( S.F. (zs"7'/0054V,ior 1p'FraZaka* /.WEA f53AL - /6) S.F. S.F. S.F. (2) Total Excludable Hardcover /7/ S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)1 �t r yS.F. (4) Total Lot Area r--�f 'f S.F. Proposed Hardcover Percentage [(3)_(4)] 1,41' % Last Updated: July 2018 Note:This is an information sheet only,every effort has been made to insure 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 9 of 9 LA19-000036 Exhibit G PC ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we). --tOVICirt f GIIHot } anse lof 5'0 �rJ, L.a f iV [print name(s)] [print address] have reviewed, plans for the proposed improvement or proposed use of the property located at 577 pa r L tlt/ also referred to as Land Use Application No. I (we) 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. i fitAili) 17( -- AT-14 1L.0 0 "pert Owner / Date .z: :( :OK 3— 1 7 Property Owner Date 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 meeting date. ********************************************************************************************************************************* ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) of [print name(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 (we) 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. Property Owner Date Property Owner Date 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 meeting date. Variance Application—January 2017 Page 15 LA19-000036 RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS Exhibit H 38 06-117-23 41 0001 38 06-117-23 41 0061 38 06- PC RICHARD R RUDD LORI ANN MELANDER S M W 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 4105 0 ORONO MN 00000 ORONO MN 00000 ORONO MN 55356 RICHARD R RUDD LORI ANN MELANDER SCOTT M WELLMAN 607 PARK LA 550 PARK LA HOLLY L WELLMAN LONG LAKE MN 55356 LONG LAKE MN 55356 4105 OAK ST LONG LAKE MN 55356 38 06-117-23 41 0040 38 06-117-23 41 0064 38 06-117-23 41 0096 LOIS M BREDAHL S M WELLMAN/HOLLY L WELLMAN B E PETERSON&M J PETERSON 525 PARK LA 38 ADDRESS UNASSIGNED 4075 OAK ST ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 LOIS M FLANNERY SCOTT M WELLMAN BRIAN E&MARNIE J PETERSON 525 PARK LA HOLLY L WELLMAN 4075 OAK ST LONG LAKE MN 55356 4105 OAK ST LONG LAKE MN 55356 ORONO MN 55356 38 06-117-23 41 0043 38 06-117-23 41 0072 38 06-117-23 41 0099 TERRY R JOHNSON G M ROSCOE&K M ROSCOE LORI ANN MELANDER 543 PARK LA 4030 ELM ST 550 PARK LA ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TERRY R JOHNSON GEORGE M ROSCOE LORI ANN MELANDER 543 PARK LA 4030 ELM ST 550 PARK LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 06-117-23 41 0044 38 06-117-23 41 0080 38 06-117-23 41 0102 T O'DONNELL&JOAN O'DONNELL JESSICA R NEWMAN D&K OLSON 559 PARK LA 615 MINNETONKA HGLD LA 537 PARK LA ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TIMOTHY O'DONNELL JESSICA R NEWMAN DOUGLAS&KAREN OLSON 559 PARK LA 615 MINNETONKA HGLD LA 537 PARK LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 06-117-23 41 0045 38 06-117-23 41 0084 38 06-117-23 41 0103 P H PRESTHOLDT ET AL ROBERT ALAN DURLAND HPA BORROWER 2017-1 ML LLC 567 PARK LA 594 PARK LA 4085 OAK ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PERRY HAROLD PRESTHOLDT ROBERT ALAN DURLAND HPA BORROWER 2017-1 ML LLC CYNTHIA A OFSTAD PRESTHOLDT 594 PARK LA 180 N STETSON AVE#3650 933 W LAKEVIEW DR ORONO MN 55356 CHICAGO IL 60601 BATON ROUGE LA 70810 38 06-117-23 41 0046 38 06-117-23 41 0085 38 06-117-23 41 0104 BRENT J TEELE CITY OF ORONO ZACHARY C STALOCH 577 PARK LA 584 PARK LA 4081 OAK ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 BRENT J TEELE CITY OF ORONO ZACHARY C STALOCH 577 PARK LA 2750 KELLEY PARKWAY 4081 OAK ST LONG LAKE MN 55356 ORONO MN 55356 LONG LAKE MN 55356 38 06-117-23 41 0047 38 06-117-23 41 0086 38 06-117-23 410106 GINA R&STEWART L HANSEN CITY OF ORONO MATTHEW FRITZ/KRISTINE FRITZ 583 PARK LA 584 PARK LA 4055 ELM ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 GINA R&STEWART L HANSEN CITY OF ORONO MATTHEW D FRITZ 583 PARK LA 2750 KELLEY PARKWAY KRISTINE FRITZ LONG LAKE MN 55356 ORONO MN 55356 4055 ELM ST ORONO MN 55356 38 06-117-23 41 0048 38 06-117-23 41 0091 38 06-117-23 44 0003 SHANE R&KRISTINE M RUDD NATHAN VANCAMP ETAL EXCELSIOR PROPERTY LLC 601 PARK LA 601 MINNETONKA HGLD LA 650 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 SHANE R&KRISTINE M RUDD NATHAN VANCAMP MARK JUNDT&JENNIFER JUNDT 601 PARK LA WENDY S VANCAMP 650 MINNETONKA HGLD LA LONG LAKE MN 55356 601 MINNETONKA HGLD LA ORONO MN 55356 LONG LAKE MN 55356 38 06-117-23 41 0049 38 06-117-23 41 0093 38 06-117-23 44 0005 BRUCE L MEYER/NANCY J MEYER ERWIN D SMITH ET AL B J WILLIAMS&D WILLIAMS 605 PARK LA 507 PARK LA 649 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 BRUCE L MEYERJNANCY J MEYER E D&M D SMITH BRIAN J&DEIDRA WILLIAMS 605 PARK LA 507 PARK LANE 649 MINNETONKA HGLD LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 06-117-23 41 0060 38 06-117-23 41 0094 38 06-117-23 44 0006 M MACAULAY&A MACAULAY D&D SIEGEL R H&K L SPEETER 4100 ELM ST 4111 OAK ST 659 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MARK MACAULAY DAVID H SIEGEL RICHARD H SPEETER ASHLEY MACAULAY 4111 OAK ST 659 MINNETONKA HGLD LA 4100 ELM ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 06-117-23 44 0007 M SHIELDS&M SHIELDS 669 MINNETONKA HGLD LA ORONO MN 55356 MICHAEL SHIELDS MELISSA SHIELDS 669 MINNETONKA HGLD LA LONG LAKE MN 55356 38 06-117-23 44 0014 B J GAMBONI&J A GAMBONI 630 PARK LA ORONO MN 55356 BENJAMIN GAMBONI JACKIE GAMBONI 630 PARK LA LONG LAKE MN 55356 38 06-117-23 44 0015 EXCELSIOR PROPERTY LLC 640 PARK LA ORONO MN 55356 MARK JUNDT&JENNIFER JUNDT 650 MINNETONKA HGLD LA ORONO MN 55356 38 06-117-23 44 0017 KATHLEEN M RUDD 607 PARK LA ORONO MN 55356 KATHY RUDD 607 PARK LA LONG LAKE MN 55356 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. Hennepin Hennepin County Locate & Notify Map Date: 5/22/2019 465 �l , '=j 14)::'.. C itiii tp� 4 'HI* 4119 400 x,480 47"In) p ism 485 f�I ,� i i : !::::,,,rM . ill) �: . -�, 49a 499 �l ' i 4105 --:t. . t s.t �r , u�� 4085 t a 525 /I PO 3 4075 550 ;57 7(1PIj tD 520 1111111P°. 4081 (Ii tri525 t"� ( 'i 4160 1 .. pfii 41 0 a 559 s 56+;Kt asp � - ' » OA . .' 1 04 4055 5 �cV I 594;,0 515 601 Mfl 1 t, ,sk 801016 s, 705 4:.44 x PO riiipp 630 ~z ` _ .. t07 .,: 849Iftp W V SI", -: 5S PJt47:�;(2�L jt41859 d' ' �T 880 KIWIVIu , t l 0, * 44. "e t tC 't 869 7qI ' Pk hlt v $n.-11f U4J+ E` ES -9. y es i a r .�•., ) , ', <10 4 IY:Y11;:'4';44:-.0',14-44: 44:'''--4':1‘. *s=4VIA ft**".4.4`44, ' t��.is 07g kr4 ,,I, ^. r�.ixsiri4,1 `�' 699 $ s m Buffer Size: 500 0 50 100 200 Feet Map Comments: I i i I I I I I I 577 Park Lane This data (i) is furnished 'AS IS with no representation as to completeness or accuracy; (i)is fumished with no warranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shat not be liable foranydamage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/g i s.i nfo@hennepi n.us Date Application Received: 05/21/19 O�l Date Application Considered as Complete:05/21/19 �- -`VO 60-Day Review Period Expires: 07/20/19 1< 1111?)/ To: Chair Ressler and Planning Commission Members �t °, Dustin Rief, City Administrator iktsx°R� From: Melanie Curtis, Planner mcc Date: 17 June 2019 Subject: #LA19-000037,Todd and Kathrin Long, 565 Hanlon Ave, Variances Public Hearing Application Summary: The applicant is requesting a rear/street setback variance for an addition and a front porch. Staff Recommendation: Planning Department Staff recommends approval. Background The applicants are requesting a rear street setback variance in order to build an addition on the west side of the home with a new porch on the alley side of the property. The lot is nonconforming with respect to area and width, and there are street frontages (Hanlon Ave and an alley) on either side. LOT ANALYSIS WORKSHEET* *The applicants own both 565 Hanlon and the unaddressed parcel to the south. The property owner recently requested a lot combination to combine the two separate PIDs into one tax parcel. The lot setbacks, area, and width analysis is based on these lots being combined. Section 78-420-Setbacks: LR-1C Required Existing Proposed Front/Hanlon Ave 50' 50' 50' Rear/Alley 50' 16.9" 16.9' North Side 15' 10.8' 26.6' South Side 15' 11.2' 87' Section 78-420-Lot Area/Width: LR-1C Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 19,069 s.f. (0.43 acre) 150' FILE#LA19-000004 19 Feb 2019 Page 2 of 5 Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 19,069 s.f. (0.43 acre) Allowed: 3,813 s.f. Proposed: 1,463 s.f. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Tier Zone Hardcover Hardcover Hardcover Tier 3 19,069 s.f. 6,674 s.f. 2,692 s.f. 3,702 s.f. (35%) (14%) (19.4%) Applicable Regulations: Rear/Street Yard Setback Variance (Section 78-420) The property's 129 feet of depth is challenging, particularly due to the applied "street" setbacks of 50-feet on the east and west sides.The required setbacks leave an approximate 29 foot deep building envelope which is not unreasonable, however is somewhat inconsistent with neighboring properties. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot has difficulties in its small size and depth as compared to the District requirements. 2. The variance is consistent with the comprehensive plan. The proposed variances to improve an existing home on a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. FILE#LA19-000004 19 Feb 2019 Page 3 of 5 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the additions to the home on the substandard lot, in the proposed location within the rear yard setback, appears to be somewhat reasonable as the property's reduced size creates difficulties and the location of the existing home makes expansion in a conforming way on the west side impossible.The encroachment proposed within the rear yard appears to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location of the home with respect to the rear yard/alley, and required setbacks prevent expansion of the residential footprint.The conditions of the lot—size/depth,setbacks,wetland—are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of additions to the existing home which will encroach no further into the setback than the existing lean-to portion of the home (to be removed); and will not alter the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a 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-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property's substandard size, the required setbacks, and the existing home's proximity to the alley/rear lot line create difficulties which also apply to some of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard size, the required setbacks, and the existing home's proximity to the alley/rear lot line create difficulties which also apply to some of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting the rear yard setback variance is are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested rear yard setback variance in this unique situation is not contrary to the intent of the zoning chapter. FILE#LA19-000004 19 Feb 2019 Page 4 of 5 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance for rear setback variance is necessary, and does not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided their supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulties inherent to the size, location of the existing home and the rear property line which justify the variance allowing the small addition. The City adopted ordinances over the past few years to address inadequacies in the small, and/or narrow existing properties however the primary challenge is with this lot's depth and the applied setbacks, not width. Engineer Comments The City Engineer will review the project at the time of building permit. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning staff recommends approval variances as requested as they are supported by practical difficulties. If the planning commission makes the same conclusion, approval may be appropriate. List of Exhibits Exhibit A. Application Summary& Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Proposed Survey/Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos FILE#LA19-000004 19 Feb 2019 Page 5 of 5 Exhibit H. Property Owners List Exhibit I. Plat Map References • 2040 Community Management Plan Land Use Application Summary Application Date: 05/21/2019 Address: 565 HANLON AVE WAYZATA, MN 55391 Parcel Number: 0211723310016 Land Use Number: LA19-000037 Application Submitted By: Property Owner Owner: Name: KATHRIN V LONG Address: 565 HANLON AVE ORONO, MN 55391 Applicant: Name: Todd Long Company: Address: 2200 Budd St Maple Plain, MN 55359 toddlong l @gmail.corn Contact Information: Associated Contact: Todd Long toddlongl@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description: Variance addition set back Land Use Application Type: Amendmend Application Li Appeal of Admin Decision F=' Concept Application Conditional Use Permit --.- Site Plan Application `- Subdivision Application -' Subdivision Exception Vacation Application Variance Application 1 Applicant Signature: PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000037 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The application is to add a small covered entrance to the house. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Setbacks and 2ac zoning were put in place long after this neighborhood and comprehensive development plan were put in place. 3. The variance, if granted,will not alter the essential character of the locality. Response: It is a small addition. The footing of which already partially exists. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: NA 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 1163.06,Subd. 2,when in harmony with this Chapter. Response: NA 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. Response: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: NA 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: NA 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: NA 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 Zoning Code. Response: NA 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. tesponse: NA CERTIFICATE OF SURVEY FOR TODD LONG OF LOTS 7, 8, AND 9, BLOCK 14, MINNETONKA BLUFFS HENNEPIN COUNTY, MINNESOTA I ' I I I rAt 1 I EXISTING HOUSE (94x.1 19474/ , ) ----_ II I I / / —E--- I I ._,:r- I_ __ 1¢I / 386°17'57"E 129.39\ --= - / / >w Q 51 1— a52.3 / O4// • ,- I STEPS I #HEOG (A) // ZKN _ 320 LL r\ o --/�-- ,,- .21'/ .1.-- j.---: II I ,1270.2 GONG./ 1 I-- CANT W ' 'ri (E) / �// <) 2 a ///I o_ . GRAVEL F /� -\ o o / N DRIVE / ' / / u<n[Ex \\\ W h° L • Ib N I / , II f '----, ----z i . I \i 9 / I .. / ,iiii / / ii -- EDGE LOW AROF EA 99.94 \ _ r NCE .._._....\. I __---__ SANITARY SEWER MN —ae__--- S 86°1710E-12833-, \ o-i- _v \ \ _ I I I 11\ LEGAL DESCRIPTION: Lots 7,6,and 9,Block 14,MIINETONKA BLUFFS This survey intends to show the boundaries of the above described property,an existing house,drive,topography,and visible hardcover.It does not purport to show any other encroachments or imporvements. 0 20 40 80 •:Denotes found iron marker * .•••••••• -—see—:Denotes existing contour • Intio oxol :Denotes existing spot elevation Bearings are based on an assumed datum. SCALE IN FEET �ESIGNEC her CNpN mal Ns plan.speonunp°,rs re 19 REVISIONS �,,,e,�"" �':,�5 w,,,„ 5- ^ GRONBERS. R ASSOCIATES INC. DATE .UMwN ;.7.'S' n L Surveyor under '...'r = CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS trvs dew SbhalM dLene uin cNtc.Xtrs �fi..� !i •.r.,/.•, 1977 445 N.WILLOW DRIVE LONG LAKE,MN 55356 DATE s-i o-iy W..,9E9w„„94/,17777 „e,,, PHONE:952-473-4141 FAX:952173-4435 19-117 i i - - / / '9°�_—\ Ji / S 86°17'57"E 129.39 -- �- - — f 1Q • / / 1 _- t 1``I // /7/ - ¢w- NEW FRONT PORCH is--ir k // 7 / = Z a i c. "` EXISTING BUILDING % Z i NEW CONCRETE WALK _ 066Ih'�`\�: - . 1 W = NEW CONCRETE PATIO I 6"1- ,..,1,---- I r II on',01 /1 »4--- NEW RETAINING , z°'-e' ti a a WALL BY LANDSCAPER .....,...„,,,r-..Ji 6,0.,_ 7.Qtl0"O /i� J a // •1 GRAVEL ''(, 8 // ...can, \\ R 2 oRNE {�"� \ i NEW CONCRETE PARCEL 1klcr s DRIVEWAY 10`0' '� �-- \ / liN EXISTING TREES I i/ TO REMOVE — ---86.1- I' I 9 / • �. PARCEL 2 •` ,y / EDGE OF JI I /-g LOW AREA i 1 \ SANITARY._.... o- ` �8 S 86°--FF-16.-E-1213:33--- \\ LONG HOUSE i ____- ^ z ' -� _SITE SCHEME 565 HANLON AVE WAYZATA,MN 55391 05/14/2019 52'-31/2 /� 14'-101/2' 4'-512' 6'-012' 14'-61/2' 5'-l0' 2'-41/7 3'-412' fi I,OrA r 11 I_ �r14 Y — L/ \ / \Ni C ��� FRONT DECK �- KffCHEN / ^-�. BEDROOM#2 /\ ,, SiAMRED O. 1685E Y ' MASTE' ��� n CONCRETE ��m 8 k (( CRRS m \ YI4BATH- C BATHR00�7 I,-i-. 49 SF o�° O \ _ 79 SF 120 SF _` Ij m � 1 ,iC'XT� VE0 _ .. .. 1 Sri mL_J*Sr / `- ---„ HALLWAY a WIC _ 4F - MASTER79RSFm 1.. I-7-1, A, o Y L ON 1..i' t CRPi m 1 { I I I WDSTAIR a i 13'-6' 4 m m111...- 13'-101/2' 6'-6' LIVING ROOM A 452 SF e 4 . A _---t LW .5\1 612�1 rk 1- . l Q 1 i7 i ` u 2tl-112' •• LONG HOUSE 3/16„=1'-0” MAIN LEVEL 565 HANLON AVE WAYZATA,MN 55391 05/14/2019 50'-11" 6'-512" 5'-812 13'111/2" MECH/ ., � II e .. I- I WELL �, STORAGE - - LAUNDRY u - BEDROOM p3 L i ROOM \m 140 SP N 101 SF m 0 CONCR. 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I M .B .JOISTS - - 0'_10" ONorth 3/16"=1'-0" LONG HOUSE 3/16"=1"-0" ELEVATIONS 565 HANLON AVE WAYZATA,MN 55391 05/14/2019 , 1 .,,H ::: I • II-i',"; 'III I-i It 1 , , , --IT, .-sii---- :1111111111 - 1 ..........ii... ... ., ........ 1 .,. , L.--1- ---, ,--- .,...i.y... _,...............,.....- __ . ,.. _ .,...._,,, ---E-__-_-_-.1„--.. . , - . , __„. . •-__..... - , . . ..., , ....,,,- ..--.. .., -. ._ ., ..,.. .. _ ,1 I A Ai ..... L J.,.s---.-. .•,, --111W. ... .. .............1 I ' r. , I 53 ' 1 _ '1.1 ..— .............. _s.„... 0_01 Vmo ,...... _..... . _s_.,..f., , ........ _. , ;......., ,.....„ ,,....1.-..: ..i.,,........ LONG HOUSE 3D VIEWS 05/14/20/9 565 HANLON AVE WAYZATA,MN 55391 City of Orono Hardcover Calculation Worksheet Property Address: � Sb /,/iit'L oft/ A UE, r7o00 L owG) 4kESHOWIr Prepared by_ Date: GR 0,/B F2 G vi A IT QC (4 r€:7r ✓ivC. o-/ Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 4 Tier 5 Step 1: XISTING HARDCOVER In the following tabTe identify all i'[ems 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 to Survey HTotal ardcover Item(Describe) Length x Width (Square Feet) ) (Example) (Garage) (24'x 30') (720 S.F.) A f/Pe[.rE" /3(0 S.F. B CEczAt2 sy S.F. C L6'd,v-To /59 S.F. O CONCR ETF 3 2 g S.F. E GRA Vei A9A I►/E 793 S.F. F , STe•PS Y8 S.F. G • S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. S.F. ✓ S.F. W S.F. X S.F. Y S.F. S.F. (1) Total Existing Hardcover 2 6' 2 S.F. Excludable Hardcover(See City Code Sac 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 26-9 2 S.F. (4) Total Lot Area i9 0 69 S.F. Proposed Hardcover Percentage [(3)+(4)] /•f./2 % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure 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 8 of 9 City of Orono 'W s , Hardcover Calculation Worksheet �tilt.. Property Address: �� t .fin l0� l-f(� �KtPrepared by: Date: / r)��l Goy 572q27 Stormwater Quality Overlay District Tier: (Circ one) Tier 1 Tier 2 i i r'* 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 site plan or 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) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A hoose, l' /C) S.F. B vz>.ue.1 1(Dn.'ve 733 S.F. C F�✓r_h A-de_l L'-i-,0,-) I L 3 S.F. D Pc--rro Z 4/6 S.F. E t'cocg tpriue.W0.y //2/ S.F. F ',i'de W a.(tc 6/ S.F. G 2' h,01- RE-hq,',-, t'n� wail 28 S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 3`202 S.F. I Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover C) S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 3702S.F. (4) Total Lot Area /7o67. S.F. Proposed Hardcover Percentage [(3)'(4)] //,L/ % Last Updated: July 2018 Note: This is an information sheet only, every effort has been made to insure 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. Map ire sz Dicke .nn St ^t D 6�n5on"5t ,kw.. 4 1 I s _ ( a I c , .__.._. r . I � , •. . i t i 14 1 i , • k ,r s. '� ',' '""_"a-w"'.1':.:.::' S I ox ix° , ` . £\cmc / r "-� -� .t - r: I i . ,tt , 9 Hr.'ICount, AA Mat11YAeserved 565 Hanlon Ave/ Subject Property III a 5 i 1 , �-- .�. i ;# ti Itf sr �fM iA DC i d' ,+ Pmt,{y +'¢rV Yp._. r ' IN. i.:1-1 '' it i .411Z , I , h .0 Vii I I a. yt (, eir .. 744 , , 1 -Ix ' . 0, 1 , -..litio,..,,,,,........„, ,, , v). SS1i 1," �r . ' '),•44.„.:7:: t a g 4 8 j .,a+_ .t.�; 1!-:.:''''' t.;ai • 'a�►. . I I 1 1 --.....:.....i2x t { yy 1 01100•• t RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 02-117-23 31 0006 38 02-117-23 31 0029 38 02-117-23 31 0039 SANDRA S LARSON HENNEPIN FORFEITED LAND MTGLQ INVESTORS LP 550 ORONO ORCHARD RD S 38 ADDRESS UNASSIGNED 1295 DICKENSON ST ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 SANDRA S LARSON CITY OF ORONO MTGLQ INVESTORS LP 730 2ND AVE S#1400 2750 KELLEY PARKWAY 2001 ROSS AVE STE 2800 MINNEAPOLIS MN 55402 ORONO MN 55356 DALLAS TX 75201 38 02-117-23 31 0009 38 02-117-23 31 0030 38 02-117-23 31 0042 ERIC M BARRON JACK C BURCH DONALD E&JOANNE K DAVIDSON 1380 FOX ST 38 ADDRESS UNASSIGNED 568 KEENE AVE ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 ERIC M BARRON JACK C&MARION BURCH DONALD E&JOANNE K DAVIDSON 1380 FOX ST 6572 WHITE OAK DR 568 KEENE AVE WAYZATA MN 55391 LINO LAKES MN 55038 WAYZATA MN 55391 38 02-117-23 31 0010 38 02-117-23 31 0031 38 02-117-23 31 0047 WHITEHALL II LLC JACK C&MARION BURCH ORONO ORCHARD RD PROPERTIES 1390 FOX ST 38 ADDRESS UNASSIGNED 450 ORONO ORCHARD RD S ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 WHITEHALL II LLC JACK C&MARION BURCH KAPLAN STRANGIS&KAPLAN PA PO BOX 92 6572 WHITE OAK DR 5500 WELLS FARGO CENTER CRYSTAL BAY MN 55323 LINO LAKES MN 55038 90 7TH ST S MINNEAPOLIS MN 55402 38 02-117-23 31 0014 38 02-117-23 31 0032 38 02-117-2331 0048 BARBARA GURLER HENNEPIN FORFEITED LAND THOMAS C GIEL 521 HANLON AVE 38 ADDRESS UNASSIGNED 1225 DICKENSON ST ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 CHARLES GURLER CITY OF ORONO THOMAS C GIEL 4905 EAST QUIEN SABE WAY 2750 KELLEY PARKWAY 1225 DICKENSON ST CAVE CREEK AZ 85331-2123 ORONO MN 55356 ORONO MN 55391 38 02-117-23 31 0015 38 02-117-23 31 0033 38 02-117-23 31 0051 KEVIN L APPLEBY H&J DEVELOPMENT PRTNRSHP P A&M M BENNETT 537 HANLON AVE 38 ADDRESS UNASSIGNED 500 HANLON AVE ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 KEVIN L APPLEBY H&J DEVELOPMENT PRTNRSHP PAUL A&MEGAN M BENNETT 537 HANLON AVE HOWARD B DETTLOFF 500 HANLON AVE WAYZATA MN 55391 1001 TWELVE OAKS CTR DR 1015 WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 31 0016 38 02-117-23 31 0034 38 02-117-23 31 0052 KATHRIN V LONG HENNEPIN FORFEITED LAND R T&V H JAFFRAY 565 HANLON AVE 38 ADDRESS UNASSIGNED 540 BARRETT AVE ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 KATHRIN V LONG CITY OF ORONO R T&V H JAFFRAY 565 HANLON AVE P 0 BOX 66 540 BARRETT AVE ORONO MN 55391 CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 02-117-23 31 0017 38 02-117-23 31 0035 38 02-117-23 31 0054 KATHRIN V LONG HENNEPIN FORFEITED LAND ROBERT STUBENVOLL ET AL 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 500 ORONO ORCHARD RD S ORONO MN 00000 ORONO MN 00000 ORONO MN 55391 KATHRIN V LONG CITY OF ORONO ROBERT STUBENVOLL 565 HANLON AVE 2750 KELLEY PARKWAY LAURA STUBENVOLL ORONO MN 55391 ORONO MN 55356 500 ORONO ORCHARD RD S WAYZATA MN 55391 38 02-117-23 31 0018 38 02-117-23 310036 38 02-117-23 31 0055 RICHARD S BROWN ET AL TRUST HENNEPIN FORFEITED LAND SANDRA S LARSON 1300 SHORELINE DR 38 ADDRESS UNASSIGNED 540 ORONO ORCHARD RD S ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 RICHARD S/KIMBERLEE M BROWN CITY OF ORONO SANDRA S LARSON P 0 BOX 500 2750 KELLEY PARKWAY 730 2ND AVE S#1400 WAYZATA MN 55391 ORONO MN 55356 MINNEAPOLIS MN 55402 38 02-117-23 31 0027 38 02-117-2331 0037 38 02-117-23 31 0056 C P FORD&M R FORD W L OBERMAIER/K 0 OBERMAIER J L CHAPPELL&N M CHAPPELL 525 KEENE AVE 530 HANLON AVE 1340 FOX ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CHRISTOPHER P FORD WENDI LOU OBERMAIER JESSE L CHAPPELL MELISSA R FORD KENT OLIVER OBERMAIER NICOLE M CHAPPELL 14105 55TH AVE N 1130 WILLOW DR 1340 FOX ST PLYMOUTH MN 55446 WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 31 0028 38 02-117-23 31 0038 38 02-117-23 31 0057 L M BROOKS&E A BROOKS KONRAD C KRUGER J CASSENS&K CASSENS 539 KEENE AVE 520 HANLON AVE 570 ORONO ORCHARD RD S ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 LANE M BROOKS KONRAD C KRUGER JAMES CASSENS EDWARD A BROOKS 366 WATER ST KIMBERLY CASSENS 539 KEENE AVE EXCELSIOR MN 55331 570 ORONO ORCHARD RD S WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 02-117-23 34 0002 ELISABETH J DAYTON 1225 SHORELINE DR ORONO MN 55391 ELISABETH J DAYTON 601 CARLSON PKWY STE 1100 MINNETONKA MN 55305 38 02-117-23 34 0010 ROGER K&NANCY MCCABE 1265 SHORELINE DR ORONO MN 55391 ROGER K&NANCY MCCABE 1265 SHORELINE DR WAYZATA MN 55391 38 02-117-23 34 0011 B M MILLER&C R MILLER TRST 1325 SHORELINE DR ORONO MN 55391 MERISTEM C/O PHIL STROHM 601 CARLSON PKWH#800 MINNETONKA MN 55305 38 02-117-23 34 0013 W J POPP&T E POPP 1305 SHORELINE DR ORONO MN 55391 WILLIAM J&TERI E POPP 1305 SHORELINE DRIVE WAYZATA MN 55391 38 02-117-23 34 0016 JAMIE A SHAVER 1385 FOX ST ORONO MN 55391 JAMIE A SHAVER 1385 FOX ST WAYZATA MN 55391 38 02-117-23 34 0020 EDWARD H HAMM TRUSTEE 1391 FOX ST ORONO MN 55391 EDWARD H HAMM 408 ST PETER ST ST PAUL MN 55102 38 02-117-23 42 0013 HENNEPIN CO REGIONAL RR AUTH 38 ADDRESS UNASSIGNED ORONO MN 00000 HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY 701 4TH AVE S SUITE 400 MINNEAPOLIS MN 55415 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. Hennepin Hennepin County Locate & Notify Map Date: 5/22/2019 5i5 2SO 450 480 1230 1,71 .2 It Wecn'i"O 500 ii 1 rir50 t5s1 2Q5 525 r 485 4. CM521 [141 t eye. 1 I 0 12 , .- r�l z 52Gi 540 °51° — NM le 11111 550 5405pcl 568 I6,2jk 570 PI En WM Ill s: ::2): 1390IL � � 53 e5 0341380 1340 13 000E0 �gv Z.,-0$'. F... ____ _ V' 1225 0 mai 1365 „ ,,,,,,..„ ' Ille' tttI 0 13! r V ..a' 1255 0110 ., ..i:-:' 1305 i7 O itsi 0 0 0 1325 tl� 14b5 (1.):'..'I:I; .....",..70000, 1380 Buffer Size: 500 0 50 100 200 Feet Map Comments: 111111111 565 Hanlon Ave This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is fumshedwith nowarranty of any kind and (ii) is notsuitable for legal,engineering orsuneyng purposes.Hennepin County shat not be liablefor any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/g i s.i nfo@hennepi n.us Date Application Received: May 22,2019 Date Application Considered as Complete:June 3,2019 60-Day Review Period Expires: August 29,2019 To: Chair Thiesse and Planning Commission Members �t �• Dustin Rief, City Administrator 4kEsH0s6 From: Laura Oakden, Planner Date: June 17, 2019 Subject: LA19-000038, Gregg Katchmark, 140 Leaf Street,Variance, Public Hearing Application Summary: The applicant is requesting a front yard variance Staff Recommendation: Planning Department Staff recommends approval Background The property abuts the creek that flows from Lake Classen to Stubbs Bay which is a protected tributary and subject to a 75' structure setback as well as the standard limitations on hardcover in the 0-75' zone. Portions of the existing house, deck and patio are within 75' of the creek shoreline, which normally exists at approximately the 960' contour,fluctuations being controlled by the dam further south just east of Leaf Street. The applicant is proposing an 800 square foot addition to his single family home. The property is located in the RR-1B (2 acre) zoning district.The property was granted structure and hardcover variances (16-3846, Resolution 6660) in 2016 for a covered deck, stairs and enclosed storagein the 75 foot creek setback. The property is substandard in area and width. The home is currently set at an angle from the front property line with the closest point setback 36.7 feet. The proposed addition would expand the building footprint on the South side of the property conforming to the side setback but would expand the home into the required front yard creating a 31.7 foot setback. LOT ANALYSIS WORKSHEET Section 78-420-Setbacks: DISTRICT RR-1B Required Existing Proposed Front 50' 36.7' 31.7' Side (North) 30' 30.2 No Change Side (South) 30' 101' 70.4 Creek 75' 50' No Change Section 78-420-Lot Area/Width: DISTRICT RR-1B Lot Area Lot Width Required 87,120 (2 acres) 200' Actual 26,867 (0.6acre) 180' Section 78-1403-Structural Building Coverage: LA19-000038 June 17,2019 Page 2 of 4 Total Lot Area Total Structural Coverage 26,867 (0.6acre) Allowed: 5,379 s.f. (20%) Proposed: 2,235 s.f. (8%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 26,867 s.f. 6,716.75 s.f. 4,123 s.f. 4,141 s.f. (25%) (15.35%) (15.41%) Applicable Regulations: Variance (78-420)The City Code has a 50 foot setback. The home has a current setback 36.7 feet from the front property line. The applicant is request to expand the home in the front yard and with the addition to have a 31.7 foot setback. 78-420 (b) Exceptions: (3) Front yard setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet, shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non-conforming lot fronting on the same street. However, the depth of such front yard shall not be less than ten feet. The setbacks for the neighboring properties are approximately 36 and 172 feet, and do not provide relief. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed front yard variance is in harmony with the purpose of the Ordinance. The small lot includes difficulties in its area and depth. LA19-000038 June 17,2019 Page 3 of 4 2. The variance is consistent with the comprehensive plan. The proposed variance to expand the home on a nonconforming lot of record is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the request to permit construction of the additions to the home on the substandard lot, in the proposed location within the front setback, appears to be somewhat reasonable as the property's reduced size and depth and 75' creek setback create difficulties. b. There are circumstances unique to the property not created by the landowner; the uniquely small size and depth, and required setbacks prevent a reasonable residential footprint. and c. The variance will not alter the essential character of the locality. The some of other properties in the neighborhood have similar setback challenges, the subject property will not be out of character with the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. § 216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the single family home 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-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property has an extremely limiting building envelope. The front setback and creek setback overlap for much of the lot leaving an small triangle building area towards to south end of the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is substandard is area and is has overlapping setbacks in the front and rear yard. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this to be true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the variance does not imminently threaten health,safety,or morals. . 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The variance for the front yard setback in necessary,and do not merely serve as a convenience to the applicant.Other locations impact the creek yard, or side yard setbacks,which impacts massing. The Commission may recommend or Council may impose conditions in granting of variances. LA19-000038 June 17,2019 Page 4 of 4 Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis The existing home is located in a nonconforming location. The front yard setback overlaps with the 75' creek setback located in the rear of the yard. With the limited building envelope creates the need for a variance for any addition to the home. The proposed addition is aligned with the existing home in a creating a reasonable building envelope. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the front yard setback. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Narrative Exhibit D. Proposed Survey and Hardcover Exhibit E. Proposed Plans and Elevations Exhibit F. Setback Site Plan Exhibit G. Neighbor's Acknowledgement Signatures Exhibit H. Property Owners List and Map Letter View LA19-000038 Land Use Application Summary Exhibit A PC plication Date: 05/22/2019 Address: 140 LEAF ST LONG LAKE, MN 55356 Parcel Number: 0411723220006 Land Use Number: LA19-000038 Application Submitted By: Property Owner Owner: Name: GREGG KATCHMARK Address: 140 LEAF ST LONG LAKE, MN 55356 Applicant: Name: Gregg Katchmark Company: Address: 140 Leaf Street Orono, MN 55356 gkatchmark@mac.com Contact Information: Associated Contact: GREGG KATCHMARK Associated Contact: Associated Contact: Associated Contact: Project Description: Garage Addition with 2nd level living Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application i] Applicant Signature: file:///or-mail/...LA18-000091%20thru/LA19-000038%20(140%20Leaf%20St)%20Variance/Land%20Use%20Application%20Summary.htm[6/13/2019 1:26:37 PM] Letter View LA19-000038 Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION PC LA19-000038 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes. I have an odd shaped lot and the setbacks have increased post original build. Currently the water setback and road setback both converge on the existing home. I am wanting to build an attached garage with 2nd level living space. The build will make this property more aesthetic and livable. The new construction is also all planned on the existing asfault driveway. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Yes. With increased setbacks to the property a variance is needed, the purposed location of the addition is the best and only solution. 3. The variance, if granted, will not alter the essential character of the locality. Response: No. This is a small single family home and will remain one of the smallest homes in the area after the addition. The build will help it fit into the locality better. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: This is not a economic solution, this is a practical consideration. 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 1167.06, Subd. 2, when in harmony with this Chapter. Response: Due to the size and shape of lot with setbacks there is no solution that does not include a variance. 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. Response: This is a single family home without a usable garage. The addition will add a garage and bedrooms to make it livable for a family. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: This property will remain a single family home at all times. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: This variance is simply because there is no space on the property that does not impact the 75' rear and 50' front setbacks to add an attached garage. 9. The conditions do not apply generally to other land or structures in the district in which sail land is located. file:///or-mail/...091%20thru/LA19-000038%20(140%20Leaf%20St)%20Variance/Practical%20Difficulties%20Documentation%20Form.htm[6/13/2019 1:26:38 PM] Letter View Response: There are no other structures on the property and very little space that doesn't fall into a setback. . The granting of the application is necessary for the preservation and enjoyment of a bstantial property right of the applicant. Response: Yes. This is the best and only place to add an attached garage to this property 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 Zoning Code. Response: No. This variance simply allows for this home to be updated with a garage. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: This variance is the only way to allow the home owner to have a garage on this property and this addition is consistent with the current residence. file:///or-mail/...091%20thru/LA19-000038%20(140%20Leaf%20St)%20Variance/Practical%20Difficulties%20Documentation%20Form.htm[6/13/2019 1:26:38 PM] LA19-000038 Exhibit C PC Gregg Katchmark 140 Leaf Street RPS19-000057 We own a small house on an oddly shaped lot with setbacks that merge in our current home. We are wanting to add an attached garage and bedrooms so our family can fit as it grows. The current house has one small tuck under garage that my Jeep doesn't fit into and we have our daughter in a 10x10 bedroom with a tiny closet. We are looking to build in the location of our current driveway to not disturb any nature, as that is one of our favorite parts about living here. The proposed addition is desperately needed for us as a family and is in the only place, which is the best place to build it and not affect nature. Thank you, Gregg Katchmark LA19-000038 Exhibit D PC CERTIFICATE OF SURVEY FOR GREGG KATCHMARK. OF TRACT C, R.L.S. NO. 744 33 33 1 HENNEPIN COUNTY, MINNESOTA foe,a \ I9mnI, (a(1101) 1 \ 1 n7 1 \ \ \ '- N�YO° 00'/00" / / I 20k3.O0-C-------------------------- ....... t ro w) -- land arae 9�/ °° --� .49) "'IIS\ / r \ \ \\ I i 976'— ,<q a�:. 40,,,‘1.;�y / 1,4\ 33.p0\\ ...._`�� _71 fi3—�.e.l°'''ir°r°"' '''7t- S Sa'r5151�. Iv`1 \\ , er,.f/ ..x Nvi I •svmc[ , I I 1 \d • wxc de • / ,e%oaa' ,� � +z� �gir,n�:i r'<trda. I �) qi I ��' / 1 5-.V14- On, ��i wz,� ' CREEK �P :.. I ggT 00 11n..) / j °°a°'—____ 4 11 it (SWAN LAKE) U1 / 19n�) / n�Eoys¢e I laew) / / �/ 111.3) 1 CONCRETE / (as)1 f CC / wnm liCi EXISTING PA ,e• w1¢ Pr w (a)31 / HOUSE 3 Nes., / � I HOREEo oAS / / e\H17A /14011 / I I 2-10I6 W (A) (ter,) o Kw. I // (aes.,) I I Fil it 12 4 pTz., /(5,rae>.,) :..a,::.,..:: 1\ I �ST b 1 I ) If I �I / ,....) CO /lana) / / , MIMEO r`:: eb I I CA / ( p'13'/ PROPOSED p-' \ N E-4 p> ADDITION / \T R ACT q \ — / // W r3 / I// (1170.9) .�P (�) \ / / / UO F ��T ii m& 7 Y .1 I j; (am) 1.R.A- / / d+ f / "Sgl.:jP:10- /(MI'; --___I / \ I ..j1IItt�\ W O .Ar `� / I l BLACKTOP / 75' I O I I 1 DRIVEWAY LINE SETBACK o I I I I I l O II m,a) :..., 1// ,.\ 1 1 ---_ Z " / 1/ R' PKk ICS ' 411 g{�i./ / I / I II 11eea, / g0 00 //' ��err, - ,,. ��trrrr sysu A00 .....1 O • I '?- SCOTCH MESA __u.z e'',,i,iN /4 O aO-T000 ) Via-_,e % ,s i .g,,r� 1,40' c, Vii. .. 80.00 sox vac –S 90°00'100" W 113.00--'' 33 I 33 LEGAL DESCRIPTION OF PREMISES : Tract C, Registered Land Survey No. 744, files of Registrar of Titles, County of Hennepin, Minnesota. - • : denotes iron marker found (908.3): denotes existing spot elevation, mean sea level datum -917 . denotes existing contour line, mean sea level datum l Bearings shown are based upon en assumed datum. This survey intends to show the boundaries of the above described property, the location of an existing house, deck, driveway, retaining wall, trees, spot elevations, topography and all visible "hardcover", and the proposed location of a proposed addition thereon. It does not purport to show any other improvements or encroachments. ATE s°"}`11 ep a DESCRIPTION GRONBERG AND I hereby certify that this plan,specification,or report SCALE as prepared y m or under my direct supervision, 1" 20' ASSOCIATES, INC.0 w d that am a duPy Lif M,,n Land 6ar11eyor under the laws of the State of Minnesota. DATE CONSULTING ENGINEERS, LAND 2-14-17 SURVEYORS,& SITE PLANNERS 445 NORTH WILLOW DRIVE561��ta- e.5 .ae No. LONG LAKE,MN.55356 19_138 952-473-4141 Mark S.Gronberg Minnesota Licensr Number 12755 19-136 City of Orono �oNo Hardcover Calculation Worksheet fi• Property Address: /`1'0 L E,r T T_ rGR E G G K.i rf./MAR k) `405,,oF, Prepared by: Date: GR ova t=x c A Il oc,r,ceT, ../A/c . 4-.4-4t--t 5- is-/y Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 1(ISTING HARDCOVEIj) 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 to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A 1a 5/ S.F. e 'Erk oj1f p;A(// 3(4y S.F. C B,ACktDil OR/IJEWWIA - 2.235 S.F. D _Pro c/o / S.F. E ierrAi,,//,✓G' 1a C L YZ S.F. F Gtio#0 R Er/i, eI,✓F IAA us 8 Z S.F. G CPNCtr7C 'Aria ,78 / S.F. H U10OD /2ETA/,44,4-/G G//AGL /3 S.F. l Jf74/Af S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover y2 60 S.F. Excludable Hardcover(See City Code Sec 78-1684): E ACrA/it//A/c lv4LL Y2 S.F. f 44,ee0 .tc-ra INF l4,41Gts Q2 S.F. Ebbw LicIALL 13 S.F. S.F. S.F. (2) Total Excludable Hardcover /,?7 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)1 9/23 S.F. (4) Total Lot Area ABO►/Elu/A.vLnkf EXCL., GC'AF yr: /e/W = 26,(y67 S.F. Proposed Hardcover Percentage [(3)+(4)] /5 35 (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure 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 8 of 9 City of Orono ,otio Hardcover Calculation Worksheet Property Address: / Z 6-/F 17 (GA FG G k"4 rrivfrt A it k) c `44-„„ ,-* Prepared by: Date: GRD.vec,cG # 45TOCM7 10 ,.tic. s- /5- / 9 Stormwater Quality Overlay District Tier: (Circle one) Crier ) Tier 2 Tier 3 Tier 4 Tier 5 Step 2: 'ROPOSED ' • RDCOVE•. In the following-tab e, i.en I y a i ems 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. Key to Hardcover Item (Describe) Length x Width Survey Total (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A rGri CFX! t16r /OS/ S.F. B K YEA .P�8 C6/ L �d.y S.F. C skr�P �1uEcvA� !, Z235- TY/ �zc.c AC��►'GQ� / Y S.F. U 5-7"-L OP .. ?/ S.F. E frit1a.y.s.c E444.4r I' BF/.tom ACAtovcD --44- S.F. F 14.,&64 /trTA tii.i t1.-'C Li/.t t t T h 22 S.F. G ,. K fa.vCAFP.Ir/a ., 38/ S.F. H CVCV'Q ".1.414,1 A/C WAl<L it 13 S.F. /s IE-j Ptrmovcp __Y/- S.F. J //0/AO JEI 4_4-0 17 , ,i0 OQ S.F. L S.F. LS.F. N S.F.: 0 S.F.' P Q _ S.F. S.F. R 1 S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover y2 36 S.F. Excludable Hardcover(See City Code Sec 78-16841: S.F. f 1.4,'•Q itf-rds_r-J,-c- LtiAAJ 2 . S.F. A' . u, of of E7-41 A'SNF W4 4`4_ /3 S.F. S.F. S.F. (2) Total Excludable Hardcover ?5 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 4//y/ S.F. ui1 (4) Total Lot Area AO'OW .f1V 414-L 4 f EXcctiOi,�G L Ea P IT- /i•O,GrJ_ = 24� 6T S.F. Proposed Hardcover Percentage [(3)+(4)] /,5. y/% 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 LA19-000038 Exhibit E PC tnilibi.-......... ...."--1 ..,\ 1 -1 _14,-21---,_ — ., I , 1 --e.....-, -.! .i --- - ____f_... t4- ‘,..,.._...,.,. ___-_-_- 1 -...1 • ,_-_=.„-..-----_-,_-___ !",_;? I I 1 f.,...W.t. . . , I . . i g'‘ 1 li• 1,..,-“._ ! I 1 , ___ w_..-_—........._ t --- .--- - if' 7Ci'i 1 ----_-,- -e9.- -....-- 5,w-if l'wfd _ • alra'''.....'ii .d&Wr.riairrar.dr arapr— 1 •. 0 5,..wwws, la,1,-1, I--—— - 1,+w re.Sar 4.-ISc-i,Yaaaa 1 0 I tL .. i 1 EN' 1 -talo'081 ,WP1 1 I 4,-....,- :0 0 0# , Ea, , ,a,at.0aw a-taaTa 0 r..A47,-,.,CX-40.4 .sokrydr-0-res_.,444-444,44.•....K 444 1. I ENNEMINFEA'''''*'''''l'---j [ r--- i i i aavN+ru�t.A.a.V.t Ns-- A l- tI 1 • j —_.__ zl ef7Sa9Sca1'-<�:'yf:�il- s_1 ____ ---._ _ — — _. .._ 11 1 -hrq,,nnrS-scnyTj(- • -tot, -J'1— ...._.._ S'X laeea --0c""J-:p.;nns Ki-, . _ 1 . ' 111111111.1 i -'-----..- , p . MOO I, _____ 'I / , 1 , 1 II il --_---) t . ...... .• - .- , MM. . , M.. I MUM ... I — -----1 - -'• 1 — ..... , t -- i M - ... , , . 1 M,_ _ . _ _ ______ __ - ! Ell 1 1 . _ __ , r'- — 1 1 i-,-- I, , ---—_st...,..,..14---,d , ----- - !----• 1 r----- __ ----1 FE11-1, „ —, f1 :: fil 0 i INN r --_ I 1 , I r . -.,..,..,..., _ ___L_ (nae)r \-,,--- i)e" I I \` , , / / / % • \; ' N -9/0°00/00" a0k3.b6- ------ / .. / / /(976.2) prow,,,, (nes) aerr/,!. \I' \ 3390 _7263—a'•. .M ../.�.:r(na31 I•Z \ , MAKE � .. \I, s]a.e) �!'' (]3)11" � + d"‘/ti � ,� , I 11,71 1 • • 1 5:414 zv e ��r 6eaD / R $ Mo , / (n1. / (.w) / le^ I -- // CONCRETE / �*ia�) / / (n3s) w PAT(10) / te',M.PIII� 1 1k° waoo (66a>) I/ / MWL i) I I I•, SOCOATED ONS I T-10-16 1 i 30"sort aims ('�� /o 1Yorl e>) / ',,„,�,/6 ,�99 I I ' -_".,. (9>S8) //p]SA) //// 'A �� 'J%`.:.1 6.0 ' .."..1.BY 1p 11 I ( A /) PROPOS ED 'iv II ACT 1`_.967"' 1 . / 7.,-A" �. ADDITIe ,:„. i �����l��IIfff�����' / ,--41.9-”. L/ zr wlp�rtvlOAK I I 10!,12^>'� (NW / \ 1 '�V„ I (Bee (n.0) Y" 1 1 gg8 BLACKTO / 75' � I I I DRI�C)WA;!, / LINE 4 II 1 1 I 1 I 3) i 61 /�/ 1 / N / ,4' JI; 1 so-6.aF/ / ly / (bees) // / 0° ' 1g0 33.014 1 I / iTrry' {n// : pod .. `:t l r� \I�r'SCOTCH PINES.�tl ri' j.,it s. 6"/aAia /"'6� ,0 00' -'i \, ,� :�q V "'%/,btu` • t3 1 sox w 80.00 e ..... .... CI` POLE , S 90°00'1°0" W q 113.00- Illik 4E— cA 33 (o ... 4 ic.‘. LEGAL DESCRIPTION OF PREMISES : r D Tract C, Registered Land Survey No. 7 X 8;gistrai County of Hennepin, Minnesota. -(.0.)�/, Q b • : denotes iron marker foun m o w m (908.3): denotes existing spot ele ;ea lev --977— denotes existing contour 1 level Bearings shown are based upor datum This survey intends to show the boundaries of the above I the location of an existing house, deck, driveway, retaining elevations, topography and all visible "hardcover", and the of a proposed addition thereon. It does not purport to sr: improvements or encroachments. LA19-000038 Exhibit G PC ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) �k - t,.., r \QSQbJI3of G-r' l) 1 0f.\ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at ( .e � .Q-1- also referred to as Land Use Application No. I (we) 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 pla s and that the proposed neighbor's project or use requires Council approval. / Faig ProOw -r pe y Date Property Owner Date 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 meeting date. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM (we) !Vee14 of ?)2-05 61204-11, tee hILL Ao 0(;a-"' 5 5:3 S� [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at No L ec.4 ssr- also referred to as Land Use Application No. I (we) 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. N VA k/55 Net, / . G . f�i . 21 Zol9 .�' Property Owner Date Property rt Owner Date 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 meeting date. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I(we) NI x Cie U<2J/9a6' of //0 Z �iI r J' r [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at f t -- also referred to as Land Use Application No. • I (we) 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. Property Owner Date Property Owner Date 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 meeting date. ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we)Gil' 4-4"--(4244. of /cis-- C /7,6/ ( int name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at I LIO Le 4 Sfi also referred to as Land Use Application No. I (we) 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 improv- ent •lans and that the proposed neighbor's project or use requires Council approval. -tee -246- j7,-/ _Q2-1" Property 0/7ner Dat- Property Owner Date 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 meeting date. RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 04-117-23 22 0003 38 04-117-23 22 0017 38 05-117-23 11 0010 DAVID RUSCIANO A P SMITH&K PASTIR-SMITH C E DUNKLEY&J T GILBERTSON 3195 WATERTOWN RD 80 CYGNET PL 3240 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 DAVID RUSCIANO A P SMITH&K PASTIR-SMITH CHAD E DUNKLEY 110 MINNETONKA AVE S 80 CYGNET PL JILL JOANN THEIS GILBERTSON WAYZATA MN 55391 LONG LAKE MN 55356 3240 GRAHAM HILL RD LONG LAKE MN 55356 38 04-117-23 22 0004 38 04-117-23 22 0022 38 05-117-23 11 0011 JEROME J HALL VIL OF ORONO A THORESON&C THORESON 80 LEAF ST 100 CYGNET PL 3300 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JEROME J HALL CITY OF ORONO ANDREW THORESON 80 LEAF ST PO BOX 66 CASSANDRA THORESON LONG LAKE MN 55356 CRYSTAL BAY MN 55323 3300 GRAHAM HILL RD LONG LAKE MN 55356 38 04-117-23 22 0005 38 04-117-23 22 0023 38 05-117-23 11 0012 M S&K J GRONBERG MARGARET D ROSSING L P MCCARTY III/L H MCCARTY 110 LEAF ST 130 CYGNET PL 3340 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MARK S GRONBERG MARGARET D ROSSING LISA H&LEROY P MCCARTY III KATHERINE J GRONBERG 130 CYGNET PL 3340 GRAHAM HILL RD 110 LEAF ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 22 0006 38 04-117-23 22 0025 38 05-117-23 II 0014 GREGG KATCHMARK ANDREW S ZIMMERN JASON KAPSNER/JULIE KAPSNER 140 LEAF ST 180 LEAF ST 75 LEAF ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 GREGG KATCHMARK ANDREW S ZIMMERN JASON P KAPSNER 140 LEAF ST 4931 W 35TH STREET SUITE 300 75 LEAF ST LONG LAKE MN 55356 ST LOUIS PARK MN 55416 ORONO MN 55356 38 04-117-23 22 0008 38 04-117-23 22 0026 38 05-117-23 110015 K T KROLCZYK&M A KROLCZYK L R BELLAMY&C M BELLAMY GRAHAM HILL PRES HMWNRS ASSN 65 CYGNET PL 200 LEAF ST 115 LEAF ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 • KEVIN&MICHELE KROLCZYK LOUIS R&COLLEN C BELLAMY GRAHAM HILL PRES HMWNRS ASSN • 65 CYGNET PL 200 LEAF ST GEORGE W STICKNEY LONG LAKE MN 55356 PO BOX 209 115 LEAF ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 22 0009 38 04-117-23 22 0033 38 05-117-23 11 0017 GREGORY J EHALT JEFFREY R DAHL&LOIS S DAHL GRAHAM HILL PRES HMWNRS ASSN 85 CYGNET PL 3065 WATERTOWN RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 GREGORY J EHALT JEFFREY R DAHL&LOIS S DAHL GRAHAM HILL PRES HMWNRS ASSN 105 CYGNET PLACE 3065 WATERTOWN RD GEORGE W STICKNEY LONG LAKE MN 55356 LONG LAKE MN 55356 115 LEAF ST LONG LAKE MN 55356 38 04-117-23 22 0010 38 04-117-23 23 0011 38 05-117-23 14 0002 GREGORY J EHALT R F&R D EZELL MICHELLE SHELP 105 CYGNET PL 185 CYGNET PL 265 LEAF ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 GREGORY J EHALT ROXANNE&ROGER EZELL MICHELLE SHELP 105 CYGNET PLACE 185 CYGNET PL 265 LEAF ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 22 0011 38 04-117-23 23 0012 38 05-07-23 14 0065 H R ANDERSSON&E E MORIARTY BRIAN CLARK&RENAE A CLARK M K KISSNER&N S KISSNER 135 CYGNET PL 253 CYGNET PL 3205 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 H R ANDERSSON&E E MORIARTY BRIAN R CLARK MATTHEW K KISSNER 135 CYGNET PL 253 CYGNET PL 3205 GRAHAM HILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 ORONO MN 55356 38 04-117-23 22 0012 38 04-117-23 23 0013 38 05-117-23 14 0066 L G BADER&N J BADER KIMBERLY JAE CARSWELL AMY S KORSI REVOC INT TRUST 145 CYGNET PL 261 CYGNET PL 3215 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 LOUIS G&NYLA J BADER KIM CARSWELL KEITH P KORSI&AMY S KORSI 145 CYGNET PL 261 CYGNET PL 3215 GRAHAM HILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 04-117-23 22 0016 38 05-1I7-23 11 0009 D C SHAUGHNESSY ET AL M J MESENBURG/M M MESENBURG 60 CYGNET PL 3210 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 DAVID&ANN SHAUGHNESSY MATTHEW/MICHELLE MESENBURG 60 CYGNET PL 3210 GRAHAM HILL RD LONG LAKE MN 55356 ORONO MN 55356 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. Hennepin Hennepin County Locate & Notify Map Date: 5/22/2019 r at 20 25 3105 3380 ir . ,t nm 3085 65 IA '6 3340 is! 80 ta) 85 iii 100 clzr 3065 1115 , 00 x r' 110 031 fltr i I 105 1' +240 * I fits: , ' x+41? 4ifq 2. �;:ti`.:F- 135 i '. " ;. ley 1. �', I i t' a. r 225100 i: �0 ' 14b 1$0yS ,. , , . a ,,,%, IOki Illif t x , ........% ...,„. , 3205 ' gel �v 1 n„ pop 3215 lip I 261 tom J i r- Cygn0t Itv_. .. 258 230248 240 285 Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 140 Leaf Street This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy, (I)is furnished with no warranty of any kid; and (ii) is notsuitable for legal,engineering or suneeyng purposes.Hennepin County shal not be liablefor any damage,injury or loss resulting from this data. For more information,contact Hennepin CountyGIS Office 300 6th Street South,M inn ea pd i s,MN 55487/g i s.i nfo@hennepi n.us Date Application Received: May 22,2019 Date Application Considered as Complete:June 13,2019 O 60-Day Review Period Expires: August 12,2019 To: Chair Ressler and Planning Commission Members �t �~ Dustin Rief, City Administrator �kEsi-iO ` From: Laura Oakden Date: June 17,2017 Subject: LA19-000039, Brandsetter Carroll Inc o/b/o Camp Teko, 645 Tonkawa Road, Conditional Use Permit and Variances, Public Hearing Application Summary: The applicant is requesting approval for a Conditional Use Permit to intensify the existing camp use and variances for hardcover and a building in the 75' lakeshore setback, buildings within the 30' bluff setback, and a variance to the 1 year deadline for the proposed Master Plan. Staff Recommendation: Planning Department Staff recommends approval of the requests for the proposed Master Plan and variances. Background Camp Teko has been operating in Orono at 645 Tonkawa since 1965, it appears that the first CUP was issued in 2000(File#2632, Resolution 4565). The camp is located in the LR-1B zoning district on a 17.96 acre parcel with approximately 1500 feet of shoreline. Camp Teko have submitted a Master Plan for the camp with multiple improvements.These include a new program center, program cabins,waterfront improvements, changing rooms, parking, welcome center, maintenance building, entrance monuments/gates, cabin renovations, leader lodge, pavilion, program platforms, new shelters, restrooms, and a new trail and path network. The buildings are labeled for reference in Exhibit E. The applicant is planning on implementing the Master Plan in phases. Phase one will consist of construction of the Program Center, parking improvements, 2 program cabins,some trail improvements, and the changing rooms. The applicant is requesting the necessary approvals to implement the Master Plan. The goal is to review the proposed submittals and if approved, would allow the issuance of building permits provided they align with the Master Plan. This process would allow for the review and permitting process to be streamlined and lessen the burden on the applicant. The applicant is requesting the following approvals associated with the Master Plan. 1. Conditional Use Permit (Section 78-328)for intensifying/expanding the existing camp use. 2. Variance for Hardcover and Building (78-1680 and 78-1279 (1))within the 75' lakeshore setback for a replacement storage shed. 3. Variance for improvements in the 30' bluff setback (78-1279 (2))for proposed new pavilion and 2 new program cabins LA19-000039 June 17,2019 Page 2 of 9 4. Variance from the 1 year expiration date (Section 78-128 and 78-918)to allow for implementation of the Master Plan to happen in phases beyond 4 years. If the CUP is in use and the proposed improvements align with the Master Plan, any variance approvals should be approved with the Master Plan. LOT ANALYSIS WORKSHEET Section 78-228-Setbacks: All buildings conform to the following setbacks: Section 78-328 established a unique setback standard for principal buildings:All proposed principle buildings must meet principle building setbacks of 100'from adjacent property zoned for residential use. Staff considers all of the building principal structures, as they all are part of the principal use of the property. • Required Yard Setback: All new buildings and additions are proposed to meet the 100' setback from the street and side yard. • Wetland: All proposed building are set outside of the wetlands and wetland buffer areas. • Average Lakeshore Setback: This met. The following describe setback issued related to specific buildings: • Lakeshore:There is currently boat house, storage shed and part of a cabin located within the 75 lake yard (Building U). The boat house is proposed to stay unchanged. The cabin structure will be removed. A new 150 square foot storage shed is proposed in the same general location as the existing shed,though is not being replaced in kind. The new storage shed does not meet the lakeshore setback and would require a variance. • Bluff Impact Zone and 30'setback:There is currently multiple cabins located within the bluff impact zone and bluff setback. The plan proposes removing all of these buildings. The proposed plan includes a new pavilion (Building Q) on the same footprint of an existing cabin within the setback. It is also showing 2 new program cabins (Buildings D, E) within the setback.The proposed buildings will all be outsize the 20' bluff impact zone but are proposed to be within the 30' bluff setback. The new buildings do not meet the Bluff setback and would require a variance. Section 78-330- Lot Area/Width: DISTRICT LL-1B Lot Area Lot Width Required 43,560 s.f. (1 acres) 140' Actual s.f. (17.98 acre) Roughly 1500'@ 75'/ 1500' @ OHWL Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier Tier 1 801,054s.f. 200,263 s.f. 72,718 s.f. 3,378 123,110 s.f. 3,300 (25%) (9%) w/in 75' (15 %) w/in 75' LA19-000039 June 17,2019 Page 3 of 9 78-1516 Required Off-Street Parking: Camp Teko serves 60-160 campers at a time. The applicants have evaluated their parking needs and have stated that as the camp exists today all parking needs are met with the existing gravel lot. The existing gravel parking lot is much smaller than compared to the new proposed parking areas. The proposed plan shows 60 total stalls which the applicant believes will be more than adequate to accommodate the daily camp operations. There is no specific parking requirement for non-profit or religious camps. Parking requirements were evaluated under 2 different guidelines: (5) Churches, auditoriums, undertaking establishments, at least one for each four seats based on the design capacity of the main assembly hall. There is a max capacity of 240 in the main assembly hall. This would require 60 parking stalls. (7) Community center, post office, YMCA, YWCA, physical cultural studio, pool halls, libraries, private clubs, lodges, museums, ten, plus one for each 300 square feet of floor area in excess of 2,000 square feet of floor space in the principal structure. The main assembly hall is 9,440 sq.ft. Following the equation we would subtract the first 2000sq.ft and then divide 7,440 by 300 equaling the need for 25 spaces plus the base 10 space. This would require the faciliity to have 35 total spaces. This is met. 7440/300=24.8 +10=35 The proposed Master Plan is proposing 48 stalls in the main parking lot and 12 additional stalls in a staffing parking lot. The Planning Commission should discuss whether the parking analysis is appropriate for the use. Applicable Regulations: Conditional Use Permit(78-328)Within any LR-1B one-family residential district, no structure or land shall be used for the following uses except by conditional use permit: (1)Golf courses, country clubs, tennis clubs, non-profit camps, and religious camps, provided that: a. All principal buildings are located at least 100 feet from any adjacent property zoned for residential use; and b. All accessory buildings and structures more than six feet in height are located at least 50 feet from any adjacent property zoned for residential use. Variance (78-1680): No hardcover is permitted within the 75' lakeshore setback. The applicant is proposing a new storage shed and a new changing room building where no hardcover is permitted. Variance(78-1279 (1)): Buildings in the 75' lake yard setback. No buildings or structures are permitted within the 75' lakeshore setback. The applicant is proposing a new storage shed (U) within this setback. City Code does permit water oriented improvements near the lake shore: 78-1281 (1): One lockbox no greater than 20 square feet in area and no higher than 48 inches in height; LA19-000039 June 17,2019 Page 4 of 9 Aside from the 100 foot setbacks from exterior property lines,the Code did not contemplate separate regulations for properties at the scale of the subject camp use,where the storage needs for equipment, including lifejackets and water toys is more substantial. Variance(78-1279 (2)): Buildings within the 30' bluff setback. No buildings or structures are permitted within 30'from the top of the bluff as defined by the City Code. The 3 new buildings (D, E, and Q) are proposed to be placed outside of the bluff impact zone (20' front Top of Bluff) but are shown to encroach in the Bluff setback(30'from top of bluff). Variance(78-128, 78-918):Variance from regulations that states to variance will expire after a year if not used, in contrast the desired master planning process for large, unique uses such as the camp. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed Master Plan is taking into consideration storm water, drainage, circulation of the property and sensitive areas. The use for a camp on this size property follows the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. In addition to the operational goals of the Camp TEKO Master Plan, the design team also proposed elements with goals for entire the site in mind. Similar to the City of Orono 2040 Comprehensive Plan, these design philosophies include maintaining the natural character of the site, minimizing impacts such as hardcover, grading, tree removal, and the control of storm water runoff to Lake Minnetonka. 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 Temple Israel has obtained a comprehensive Master plan as a way to ensure the camp's long-term vitality and viability. The Camp TEKO property is zoned as LR-1B, a one-family lakeshore residence district. This district is intended for a combination of medium-residential LA19-000039 June 17,2019 Page 5 of 9 developments and limited agricultural activity that should not endanger the quality of runoff into Lake Minnetonka. Additionally, this property also falls into the SD Shoreland Overlay District. The use of the property is reasonable for the size and location of the property. b. There are circumstances unique to the property not created by the landowner; The southern property line is composed of approximately 1500 lineal feet of Lake Minnetonka's shore. Therefore approximately 12% of the property falls within the lakeshore setback. The bluff areas and setbacks are limiting for lake use and accessibility to the lake. Additional structure setbacks limit the property's developable area, but the natural character of the site will be designed to support the minor developments needed in these areas and c. The variance will not alter the essential character of the locality. The camp has been part of the community for over 50 years, Camp TEKO can be described as a longstanding piece of the character. The proposed master plan elements are intended to improve on that character. In addition, most of the proposed development is screened by existing vegetation from the lake and surrounding areas. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a religious camp is an allowed conditional use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property has many unique features with multiple wetlands, steep slopes, bluffs and a unique shoreline which different from the neighboring property owners.There are many layers of rules and regulations to protecting the unique land features on the property. The conditions are peculiar for this property with the limited accessibility to the lake for the amount of shoreline provided. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property has many unique features with multiple wetlands, steep slopes, bluffs and a unique shoreline which different from the neighboring property owners. The land conditions are unique for this property with the limited accessibility to the lake due in part to the bluff and steel slopes. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This property is located in a residential district but operates as a religiously affiliated children's camp. Each specific variance LA19-000039 June 17,2019 Page 6 of 9 request is necessary for the preservation and enjoyment of campers as has been described above. 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 used of the property, and along with all other proposed elements in the Master Plan, are intended to improve the health, safety, comfort, and morals of all users compared to the existing camp as it operates today. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicants have developed a master plan to understand and adapt to the numerous regulations imposed on the property, and have requested the minimal amount of variances necessary to support their use. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; A camp is a listed use in the LB- 1B zoning district and is consistent with the 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; This is met. 3) Adequately served by police,fire, roads, and stormwater management;This is met. The applicant is proposed to improve stormwater management on the property. 4) Provided with an adequate water supply and sewage disposal system;The property is serviced by well and sewer. Addition infrastructure may be needed and has been reviewed to be addressed by the Building Official and City Engineer. 5) Not expected to generate excessive demand for public services at public cost; Any improvements needed for the property should not generate excessive demand for public services or public cost. 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 Master Plan meets the setback set forth by the City Code of 100'for all principle buildings from residential neighbors. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The site is currently a camp and the proposed improvements will maintain the surrounding character by maintaining the same use. 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 site is currently a camp and the proposed improvements will maintain the surrounding character by maintaining the same use. 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 LA19-000039 June 17,2019 Page 7 of 9 compared to the impairment or impact of generally permitted uses; The use fits with the large scale of the property and allowing the adoption of the Master Plan is not expected to impact the enjoyment of the property in the area. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; This is met. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference, general unsightliness, or other means; Staff has not received complaints regarding the use of the property, and the minor expansion of the use should not create any nuisances on the property. 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; Parking needs are being addressed on site. There are multiple entrances to facilitate staff and employees parking and access as well as separate visitor and drop off areas. 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The Master Plan is proposed to project the nature features of the property and lake. 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;This is met with a condition for approval. and 15) Not detrimental to the public health, public safety, or general welfare.This is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Building Code Review: The Building Official has reviewed the submitted application and has provided a memo attached as Exhibit K. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties and Conditional Use Permit Analysis Staff finds the Master Plan to meet all the requirements for a Conditional Use Permit. The commission should review the items for consideration to address the proposed variances. The bluff area covers most of the shoreline limiting the accessibility and use of the property. The proposed storage shed within the 75' lakeyard would be used to house lifejackets, paddles and lake use accessories, consistent with water oriented storage permitted, though in a larger scale. The building proposed in the bluff setback are shown to be built on stilts to give a tree house cabin feel and protect the grading and bluff area. The overall proposed Master Plan is using the land in a reasonable manner and taking into considerations the unique characteristics of the property. The variance from the 1 year action on the variance appears appropriate in this situation as the applicant has developed a comprehensive master plan intended to take years to fully implement. LA19-000039 June 17,2019 Page 8 of 9 Engineer Comments A review letter by the City Engineer is attached as Exhibit J. Public Comments To date, no public comments have been received. Issues for Consideration 1. Future Building Permits must meet the following criteria: a. The footprint of the buildings are consistent with the Master Plan. b. Placement of the buildings is conforming to City Code and the Master Plan c. General height of buildings in proposed Master Plan is following to reflect the approved massing for the site. d. Architectural design of the buildings follow the Master Plan aesthetic 2. 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 3. The Planning Commission should discuss whether the parking analysis is appropriate for the use. 4. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 5. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 6. Are there any other issues or concerns with this application? Planning Staff Recommendation Commissioner should consider the CUP for approval for the Master Plan and all the variances. If you approval the CUP for the Master plan you can review each variance request separate. If you deny the CUP the requested variances should be denied as well. The applicant is requesting the following approvals associated with the Master Plan. 1. Conditional Use Permit (78-328)for intensifying/expanding the existing camp use. 2. Variance for Hardcover and Building(78-1680 and 78-1279 (1)) within the 75' lakeshore setback for a replacement storage shed. 3. Variance for improvements in the 30' bluff setback (78-1279 (2))for proposed new pavilion and 2 new program cabins 4. Variance from the 1 year expiration date (78-128 and 78-918)to allow for implementation of the Master Plan to happen in phases. Sample Motions: Full Approval: Motion to recommend approval of the Conditional Use Permit for the proposed Master plan as well as the included variances contingent on the Building Permits meeting the following criteria: 1. The footprint of the buildings are consistent with the Master Plan. 2. Placement of the buildings is conforming to City Code and the Master Plan 3. General height of buildings in proposed Master Plan is following to reflect the approved massing for the site. 4. Architectural design of the buildings follow the Master Plan aesthetic 5. 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 LA19-000039 June 17,2019 Page 9 of 9 Partial Approval: Motion to recommend approval of the Conditional Use Permit for the proposed Master Plan as well as the included variances for with the following conditions for Building Permits meeting the following criteria: 1. The footprint of the buildings are consistent with the Master Plan. 2. Placement of the buildings is conforming to City Code and the Master Plan 3. General height of buildings in proposed Master Plan is following to reflect the approved massing for the site. 4. Architectural design of the buildings follow the Master Plan aesthetic 5. 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 (A second motion should be made to deny any variances requested that are not approved.) Motion to recommend to deny variance due to Table: If the Commissioners wish to see something changed and the applicant is suggesting to update the plan. A motion can be made to table this item until July 15, 2019 Planning Commission for updated plans. Full Denial: Motion to recommend to deny the proposed Conditional Use Permit and associated variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey and Engineering Plan Exhibit D. Proposed Master Plan Exhibit E. Total Buildings Exhibit F. Variance Buildings and Setbacks Exhibit G. Phase 1 Plan Exhibit H. Concept Elevations Exhibit I. Submitted Hardcover Calculations Exhibit J. Removal Plan Exhibit K. City Engineer Memo Exhibit L. Building Official Memo Exhibit M. Property Owners List and Map Letter View LA19-000039 Exhibit A Land Use Application Summary PC Application Date: 05/22/2019 Address: 645 TONKAWA RD LONG LAKE, MN 55356 Parcel Number: 0511723330019 Land Use Number: LA19-000039 Application Submitted By: Agent on behalf of property owner Owner: Name: TEMPLE ISRAEL OF MINNEAPOLIS Address: 2324 EMERSON AVE S MPLS, MN 55405 Applicant: Name: Katie Switzer Company: Brandstetter Carroll, Inc. Address: OH, kswitzer@bciaep.com Contact Information: Associated Contact: Katie Switzer kswitzer@bciaep.com Associated Contact: Rick Parker rparker@bciaep.com Associated Contact: Associated Contact: Project Description: CUP-Institutional Land Use Application Type: Amendmend Application ❑ Appeal of Admin Decision ❑ Concept Application ❑ Conditional Use Permit Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application Applicant Signature: / file:///or-mail/...A18-000091%20thru/LA19-000039%20(645%20Tonkawa%20Rd)%2OCUP/Land%20Use%20Application%20Summary.htm[6/14/2019 8:01:36 AM] PROJECT NOTES CAMP TEKO MASTER PLAN CONDITIONAL USE PERMIT PROJECT NO. 19028 SUBJECT: 2018 Master Plan Excerpt BY: K. Switzer, Brandstetter Carroll Inc. BRAARROLNDSTEL INCTTER C May 22, 2019 THE MASTER PLAN AS A TOOL FOR LEADERS The Master Plan recommendations for site and facility improvements are described and illustrated in this section. The detailed information will become a reference tool for Camp TEKO leaders and staff as they begin to implement the multiple projects that make up the total vision. An opinion of probable cost follows the recommendations. The consultants are aware that one of the vulnerable aspects of developing a Master Plan which will require a number of years to fully realize is that leadership changes in an organization, and often the vision and direction of one group is not shared by those who follow.This can have devastating consequences to the growth of a center. The purpose of the thorough documentation of background information that led to this particular plan, as well as the specific steps it will take to implement the plan, is to assure continuity through to completion, even though the persons involved in the decision-making and actions may change along the way. The consultants recommend that the written and graphic materials become a working document for the persons directly involved in leadership to accomplish the dream;that the staff establish a regular time each year to review and update the plan in concept; and that they formally rewrite the updated vision every six to eight years. MASTER PLAN OVERVIEW While there are many components of this long-range master plan, there are some characteristics of the layout that define the plan. These include: • Development of a program center including space for recreation and program activity, a teaching kitchen and traditional maker space • New cabins for overnight events and for indoor program space for inclement weather • Welcome center pavilion creating a more defined entry and additional covered area for lunch • Leader lodge for overnight guests and a focused space for junior counselors • Enhanced program areas or maker spaces throughout the property Program Center The new Program Center will become an anchor on the property as a central hub of activity for summer day camp and for events year-round. • The program/activity area is large enough to accommodate 300 people,the total anticipated number of summer campers and staff in the future. • A key area in this building is a new teaching kitchen with capacity to welcome a family group of campers of 15-30 campers(youngest groups are typically larger), or can be opened to the larger room or even to the front porch to include many more participants. Ample storage space with demonstration tables and work tables for campers allow interactive participation and great flexibility. A service access will allow supplies to be delivered and allow the kitchen to serve as a catering hub for events. 1 of 5 • A traditional maker space experience room is also in the building. Work and creation stations can be set up to support indoor activities such as virtual reality, laser art, etc. • Large restrooms and equipment storage make this building functional. [Note: the teaching kitchen, maker space room, restrooms and storage will be constructed as block structures and should be designed to serve as storm shelters.] • The large porch on the front of the building opens to the main greenway through camp. Large overhead doors will allow the space to be opened up for campers to flow from area to area Welcome Center and Pavilion The new welcome center will provide structure for a clear entry point off the main parking lot and provide additional covered seating for lunch for the growing day camp program. As guests arrive at TEKO throughout the year,this building will provide a clear welcome and place of entry. Through the main entryway is located lunch coolers for campers to drop off lunch,a small staff office to provide information and security as well as restrooms for immediate access. The pavilion area will have picnic tables to provide an additional lunch area for the growing camp program. This new pavilion is located to be adjacent to the current picnic pavilion. Program Cabins The master plan proposes replacing and enhancing the current camp cabins (by the waterfront and repurposing Arrow cabin and lower Ulam) to create sleeping areas that serve the resident portion of summer camp and weekend events hosted by Temple programming,such as the current sixth grade program. With TEKO as a primary day camp, cabin spaces need to be flexible to also serve as indoor program space in harsh weather. Four new cabins are proposed, each with 10 bunk beds, or a total of 20 beds per cabin, 80 in total for camper and staff use. Each cabin will also include a full restroom with two showers, two toilets and three sinks with accessible units available.Two different cabin villages are proposed with appropriate layout and design per location Program Cabin on the Hill One village will be on the hill at the far northwest corner of the property. This village will include two cabins connected by restrooms and a common deck. Each cabin will have a large back porch and ample interior floor space for rainy day programming as needed. As these cabins are built, TEKO leaders may wish to be creative in how the beds are designed to be on the outside walls, but not necessarily accessible when not in use for program. A leader room is connected to the southern end of this village to house senior program staff in the village area. Program Cabin in the Woods The second village is on the southern hillside overlooking the lake.While the components are the same,the layout is different utilizing the hillside and creating a large screened porch at the rear of the building.The common deck connects the two cabins. One of these two cabins will include a leaders room. Leader Lodge The master plan proposes a leader lodge to be located just east of the bowl. This small building will have two components, a lodging area for guests and a program area for junior counselors. • The half of the building used for lodging will include two bedrooms,each large enough for a queen size bed with a shared bathroom in the center of the private rooms. These rooms will provide lodging for visiting Rabbi's or other guests who need overnight accommodation. A small kitchenette is also in the shared area. [Note: currently guests will stay with the Camp Director.] • The other half of the building will be a common area for the junior counselor program. A large room with restroom and storage will provide a space for training and group bonding. This function currently is in the upper Ulam. 2 of 5 Circulation A key factor to utilizing the site well throughout the year is defined circulation routes, some of which are paved for improved accessibility and snow removal, while others are unpaved, possibly stone paths making wayfinding from area to area clearer. Some trails are bark and chip paths through the woods. Primary circulation proposed includes: • Paved, hard surface paths from the parking lot to the welcome center, program center, cabin villages and chapel will allow all guests to access these areas year round. Additionally a paved path to the lower level of the Chadar will provide access to this primary building. Note:an existing elevator in the Chadar provides access to all of the facility. • Unpaved trails are recommended throughout the property making connections to key areas including along the waterfront by the chapel, boating and swimming. • The plan provides definition for wooded trails making connections through natural areas and navigating steep hillsides with switch back trails to the waterfront trail. Makerspaces The master plan identifies areas that may be developed to be designated makerspaces. While program happens all across the property, these areas can be resourced with materials for focused and applicable teaching. Experiential education connected with Jewish values makes the camp event life-shaping. Areas designated include: 1. Technology • The traditional makerspace teaching room in the program center will be a space with infrastructure of electricity and internet connectivity to allow new technology programming, including virtual reality experiences expanding the camp teaching. 2. Teaching Kitchen • This key area of the program center allows for hands on teaching of Jewish cooking. 3. Garden • Currently a fire pit with a few benches and spruce trees create a nice area for a small group to gather. The plan proposes a maker space that is a garden with raised boxes of flowers and planting to create an area of beauty that campers can tend and care for throughout the summer. 4. Earth • This area of the property is wooded with a wet area that hosts a wetlands type ecosystem. Campers can explore water, mud, animals,trees, plants and more. 5. Arts • The lower level of Ulam will be opened up to host an expanded art program. The area allows for utilizing the patio outside the facility with a new terrace connecting the bowl. Outdoor art stations can expand creativity and exploration. 6. Woodlands • This part of the property provides a different experience than anywhere else on the site. Campers can explore the habitats of forest creatures and get lost among the trees (with staff close by, of course). 7. Water • The waterfront of TEKO provides great recreation opportunities, but it also can serve as a way to experience the importance of water in the Torah. 3 of 5 Chapel The outdoor chapel will be renewed by replacing the benches and realigning the seating area to eliminate the need for the metal bleachers.A small embankment at the entry to the chapel will allow for the elevation necessary for all to see. A view to the lake can be created with removing small plants and trees less than 6" in diameter(as code allows). Older Camper Program Area The eastern area of the property is currently undeveloped and underused. The plan proposes this area be used for an older camper activity area.To create progression and maintain interest among older campers,this area will have activities only available when campers reach 4th grade. Ideas for this area include: • Hammock village • Archery range • Challenge course (low ropes) • Gaga pit • Peanut Hill will remain as an open grass hill where staff can program special activities. The two current changing shelters are simple steel structures that could be used as a covered program area and storage of program supplies. Removing the chain link fence and tarp would allow these facilities to be utilized. A small restroom with toilet and hand-washing sink is also proposed in this area. Waterfront Improvements The greatest challenge to the waterfront program area is access between the boating and swimming area. To alleviate this challenge, the plan proposes recreating a waterfront trail that connects the two areas so that campers don't have to traverse all the way to the southeastern part of the property to access the program area. At the primary waterfront access,the old sleeping cabins will be removed and replaced with program platforms and a firepit. This area may be used for large group campfires, program presentation, drama, etc. Alternatively, the platforms may be used for a program area such as small group drama, teaching about water, etc. A small facility is proposed for individual changing rooms,toilet rooms and a storage room. Note:the planning team discussed swapping the function of the boating and swimming area to have the swimming area more central to camp and near the proposed changing area. Questions to consider include the water depth and quality in each area to determine if it is best advised to swap these functions. Maintenance and Parking A new maintenance building and yard is proposed for the northwest part of the property off of the main parking lot. The small hillside in this area allows for a new,two-story building to be constructed and yet hidden from primary view.The upper level would serve as a shop and storage, while the lower level, with overhead doors, allows for a garage work area and could open to a small maintenance lot. While the main parking remains in the same location,the plan proposes it can be slightly expanded and organized to be more efficient. Head in parking spaces can be added to the road leading to the maintenance building. Additionally, at the first gate (east of the main lot), a small staff parking lot will allow for greater capacity in the main lot. Arrow Cabin The Arrow Cabin will be shifted to become a program area by removing the beds, expanding the size of the windows, adding a door that faces onto the common lawn and opens on to a new expanded deck that wraps around the building.This cabin might become a home for music, drama or another new program model. 4 of 5 Ulam The lower level of this building is currently full of beds and used as lodging for overnight programs. Removing the beds will allow for this room to be opened up to host an expanded art program. The adjoining patio can expand the program outside and with a new terrace leading down to the bowl,the whole area can be connected. This will allow for quiet,focused projects and outdoor art stations and projects. The upper level porch area,facing the bowl, will be transformed to become a quiet area such as a library reading room with an additional room that can be developed as a sensory space for campers who need to separate from the noises and energy of camp. The porch setting can provide a view for campers to stay connected with all that is happening, but have a space for renewal when needed. Infrastructure The proposed development, including multiple new facilities further onto the property, will require additional infrastructure. The opinion of probable costs includes funds for: • Sanitary treatment including possibly two new connections to the public system at the street; • Water distribution to the new buildings; • Power and communications added and upgraded to new buildings. 5 of 5 410Th �-. �� BRANDSTETTER Elmllry CARROLL INC WARCHITECTS.ENGINEERS.PLANNERS June 10, 2019 2360 Chauvin Dr City of Orono LEXINGTON KY 40517 Attn: Melanie Curtis 859.268.1933 2750 Kelley Parkway FX:859.268.3341 j Orono, MN 55356 308 East 81h St CINCINNATI RE: OH 45202 1365 5 1.224 Land Use Application LA19-000039 FX:513.651.0147 1220 West 61h St Melanie, Suite 300 CLEVELAND OH 44113 Temple Israel requests approval of this application for a Conditional Use Permit to .4480 FX:21 1736.7 initiate development of the 2018 Master Plan as described in the 2018 Master Plan FX:216.736.7155 p Report.This document has been submitted as the primary Narrative for the Conditional Use Permit and should replace the previous letter submitted with the 17300 Preston Rd same name. It describes in detail, the background, intent, design strategies of Suite 310 grounandg g DALLAS j the Master Plan and its elements. TX 75252 469.941.4926 FX: 469.941.4112 The following items have been included as attachments to the Application: • 2018 Master Plan Report Excerpt • 2018 Master Plan (for reference) 1 • 2019 Camp TEKO Concepts o Includes proposed building floor plans, elevations and renderings. • 2019 Camp TEKO Survey • 2019 Existing Conditions Site Plan (updated 6/10/19) • 2019 Proposed Phase I Site Plan (updated 6/10/19) • 2019 Proposed Master Site Plan (updated 6/10/19) • 2019 Grading, Erosion, and Drainage (updated 6/10/19) • 2019 Hardcover Analysis o Includes existing and proposed hardcover calculations. • 2019 Impervious Surface Calculations o Follows MCWD standards for stormwater management • MCWD Pre Application Summary o Verification of coordination • 2019 Wetlands Delineation Report • 2019 Stormwater Report Page 1 of 10 Improvements: The attachments detail the following planned improvements, and few additional improvements not called out in the 2018 Master Plan. All improvements shall be implemented using appropriate protection measures (silt fences, construction techniques). Please refer to the 2018 Master Plan Report Excerpt for the detailed descriptions of these elements and their functions. Phase I • Program Center &associated parking • Program Cabins &associated paths • Waterfront Improvements • Changing Rooms Future Phases • Welcome Center Pavilion • Maintenance • Entrance Parking/Arrival/Drop-Off • "The Bowl" • Arrow Cabin Renovation • Leader Lodge • Staff Parking • Pavilion • Program Platforms (Wood Decks) • Shelters • Toilets • Outdoor Programs • Trail and Path Network Phase I Improvements: The first phase of the Master Plan consists of the construction of the Program Center, its associated parking, 2 Program Cabins, the waterfront improvements, reconditioned beach trail, and Changing Rooms. These projects have been developed as described below. Program Center The Program Center will be located at the location of the existing sport court, just outside of the 100ft Primary Structure setback line at the west end of the property.The Main parking lot will be repaved and extended to allow for adequate parking space for this building and other Phase 1 functions. A 10ft wide, paved accessible route has been provided from this parking and drop- off area to the entrance and front porch of the building.This path will continue south to allow for accessible access to the Program Cabins,while also doubling as a vehicular access route for emergency vehicles. Page 2 of 10 A small access drive has been included to the north of the building,which will allow for vehicles to access the back of house functions for small deliveries, and access to the service area and mechanical space.This access route will be screened with landscaping to shield this area from entrance views. The existing fire circle just south of the building will also contain an accessible route to this building. Program Cabins Both Program Cabins are situated to the southwest corner of the site.This location will provide partial lake views,while still allowing for shade from the existing surrounding trees.The cabin to the north, the Program Cabin on the Hill will be located to outside of the nearby structure setbacks. Its main entrance and front porch are oriented to the south, where an accessible gravel path will connect back into the main circulation spine. The Program Cabin in the Woods will be located just south of the Program Cabin on the Hill and the common lawn for the two buildings. An accessible gravel path will connect from this area to the central porch of this set of cabins.The southern half of these buildings will be constructed on piers so that it resembles a treehouse.This also allows for site grading to be minimal. Waterfront Improvements The Lake Minnetonka waterfront at Camp TEKO currently contains two program areas; one for swimming and one for boating. A small, overgrown trail along the shoreline connects both of these areas. The design team has proposed to recreate this pedestrian trail by reconditioning the dirt route and clearing out buckthorn overgrowth.The existing primary beach will also be enlarged by removing this invasive species. Changing Rooms Changing Rooms will be provided just north of the primary beach to provide changing spaces for beach users and storage space near the program pods. Because of the steep slopes in this area, this building will be constructed on piers to minimize grading and site impact. However, the site bluff analysis has identified that this building's location will result in the need for a variance in order to be approved for construction. Temple Israel intends to begin design development and construction of Phase I projects as soon as funding is secured. However, there is always the possibility that these projects could take 2-3 years to fund and complete. Page 3 of 10 Parking Calculations: Most facilities at Camp TEKO are utilized by approximately 60-160 youth campers and staff. Day camp operations typically require few parking spaces for staff and camper drop-off/pick-up. As the camp exists today, the provided parking is sufficient. The 50+ spaces proposed in the Master Plan are more than adequate to accommodate day- to-day camp operations in the summer.The only significant increase in parking will occur during occasional year-round events that are held at the Program Center. The Program Center's main assembly space has the capacity for 240 at tables and chairs. Using the City of Orono's performance standard for off-street parking, churches, auditoriums, and schools should provide one space for every five seats in the largest assembly room.This would require this facility to provide 48 spaces. The main entrance parking lot has the capacity for 48 cars.This total does include Maintenance parking, so any additional parking needs may be met by utilizing the staff parking lot to the east,which contains an additional 12 spaces. Both lots will provide the minimum number of handicap spaces as required. In the event that Temple Israel hosts a large-scale event, arrangements have been made for shuttle services to bring guests to and from the property.This arrangement has been in place for multiple years and will continue to be utilized as needed in the future. All parking lots have been located outside of shoreline setbacks,wetland buffers and their required landscape areas. Buildings: All proposed buildings and trails have been designed at a high level to address ADA accessibility, the state of Minnesota Camp codes, the city of Orono zoning ordinance, and any applicable building codes. However, all elements will need further development and code analysis upon startup of individual projects. Per the comments made on June 3, 2019, by Roger Peitso, the Building Official for the City of Orono, the following considerations need to be made in the development of construction documents: 1. New buildings over 2,000 s.f. or floor area will need to have sprinklers installed throughout. 2. Additions to existing buildings that have an aggregate floor area of more than 2,000 s.f. for new and existing will be required to have sprinklers installed throughout. 3. Any building with more than 2,000 s.f. of floor area that has a change of use would need to have fire suppression installed. 4. Because there is no city water available at Camp TEKO,wells and water storage tanks would be necessary for the fire suppression systems. Page 4 of 10 5. All ADA requirements will need to be met for all new buildings and expansion of available parking. 6. All remodeling of existing structures may need to spend up to 20%of the remodeling costs to bring the existing structure up to compliance with current accessibility standards Landscape: All proposed landscaping and existing landscape removal is high-level and can be found on the existing conditions site plan and proposed site plan. Some of the proposed landscape changes include the following: 1. Provide lake views to the Chapel and Program Cabins by cleaning up existing buffer trees and removing overgrowth.This will consist of removal of mostly invasive vegetation, rather than full tree removal. 2. Remove invasive vegetation and overgrowth from existing beachfront trail as part of the waterfront improvements. 3. New tree plantings at proposed buildings, parking and walkways to direct views, block winds and provide shading. 4. Route new trails and walkways through existing tree cover with removal of as few trees as possible. Specific plants and their locations will be identified for specific projects as they take place. This includes landscaping that will be incorporated into wetland buffer areas, screening areas, and any landscaping required for parking layouts. Variances: As described in the paragraphs and Practical Hardships section below as required for the Variance request application, the design team has requested the following variances on behalf of Temple Israel.These items relate to projects may take place over the full build-out of the entire Master Plan. Improvements to the bluff and bluff impact zone The requirement for this variance is brought about by the implementation of the new changing rooms, program pods, and various trails. Currently, two changing facilities are located at the eastern corner of the property. These changing rooms are aging and remote. Campers must walk a significant distance away from the beach to access them.The new Changing Rooms will allow for campers to remain relatively close to the beach. Very few areas exist on this property where such accommodations can be made outside of bluff impact zones Page 5 of 10 and the lakeshore setback, while still being within a walkable distance to the waterfront. Program Decks have been proposed to utilize the steep slope of the site in its construction.These pods will be utilized as maker spaces, performance stages, or simply gathering space with a fire circle nearby. Portions of this element are located in the bluff impact zone. However, minimal grading has been proposed so that the existing topography may be utilized. Like the changing rooms, this element will be constructed on piers. Trails have been proposed in few bluff areas to allow access to different program areas of the camp. In most instances, these routes are designated as trails and will be composed of dirt, or a pervious,wood chip surface. In other instances, the circulation routes are existing, and contain improvements for the sake of easier access by pedestrians. In only one instance does a paved surface overlap a bluff impact zone. This drive occurs south of the existing Dining Hall. A small turning circle is being proposed at the intersection of two existing drives to provide a pedestrian circulation node, and better vehicular access for camp staff and service vehicles (only), where 3-point turnarounds previously had to take place. Building and Hardcover within the 75ft Lakeshore Setback Grading and Building within the lakeshore setback have been minimized as much as possible. However, the Master Plan calls for slight beach improvements, a reconditioning of an existing trail, and a small swimming storage shed within this setback. Little to no grading should be required for any of this work to take place. The swimming storage shed has been proposed to store program equipment,such as life jackets, boating equipment and gear. The proposed building is approximately 150 square feet and is intended to replace an existing shed at its current location. Number of Entrance Monuments and Gates Orono's Zoning Ordinance calls for a maximum of 2 entrance monuments per approved driveway access, measuring no larger than 25 square feet, and no length to exceed 5 feet. The Camp TEKO Master plan proposes 3 new entrance gates at all access points from Tonkawa Road, at the northern end of the property.These have been included as a means of extra security for the religiously affiliated camp. Camp TEKO caters specifically to the Jewish Community, and in doing so, may present an attractive target to threat actors harboring anti-Semitic views. A security assessment, completed in 2018, called out: 1) the lack of an enclosed perimeter and 2) The lack of physical gates to control vehicular access, as critical vulnerabilities to the camp and its operational process. For this reason, Temple Israel and the design team find it necessary that all entrance security elements are included. Detailed elevations and construction details have not Page 6 of 10 been developed as a part of the Master Plan but will be created as their respective phasing is developed and funded. Practical Difficulties 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.: The Camp TEKO property is zoned as LR-1 B, a one-family lakeshore residence district.This district is intended for a combination of medium-residential developments and limited agricultural activity that should not endanger the quality of runoff into Lake Minnetonka. Additionally, this property also falls into the SD Shoreland Overlay District. The LR-1 B Allowed Uses are as follows: City-owned public service structures, Gardens, Municipal Buildings, Non-rental Guest Apartments, One-family detached dwellings, and publicly owned parks and playgrounds. The property's use as a camp results in permitted as a conditional use in this district per Sec 78-328 (1). Camp TEKO has operated since 1965 as a summer day camp. It has been well cared for with improvements throughout this time frame.Temple Israel has obtained a comprehensive Master plan as a way to ensure the camp's long-term vitality and viability. The Camp TEKO Master Plan proposes changes that result in the following requests for variances: 1. Improvements to the bluff and bluff impact zone 2. Building and Hardcover in the 75 ft Lakeshore setback 3. Number of entrance monuments and gates. a. The variance is in harmony with the general intent and purpose of the Ordinance.: The variances requested are minor in the scheme of the overall property, and along with all other proposed elements in the Master Plan, are intended to improve the health, safety, comfort, and morals of all users compared to the existing camp as it operates today. b. The variance is consistent with the comprehensive plan.: Page 7 of 10 In addition to the operational goals of the Camp TEKO Master Plan, the design team also proposed elements with goals for entire the site in mind.Similar to the City of Orono 2040 Comprehensive Plan, these design philosophies include maintaining the natural character of the site, minimizing impacts such as hardcover, grading, tree removal, and the control of storm water runoff to Lake Minnetonka. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner.: The steep slopes across this property, as well as its location within the shoreland district of Lake Minnetonka, create difficulty in that only small portions of land are developable.The southern property line is composed of approximately 1500 lineal feet of Lake Minnetonka's shore.Therefore approximately 12%of the property falls within the lakeshore setback. Additional structure setback the property's developable area, but the natural character of the site will be designed to support the minor developments needed in these areas. 3. The variance, if granted, will not alter the essential character of the locality.: As the camp has existed and operated as a day camp in Long Lake's community for over 50 years, Camp TEKO can be described as a longstanding piece of the character of Long Lake.The proposed master plan elements are intended to improve on that character. In addition, most of the proposed development is screened by existing vegetation from the lake and surrounding areas. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.: N/A 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.: N/A 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.: Use as a camp is permitted as a conditional use. Page 8 of 10 7. The Board or Council may permit as a variance the temporary use of a one- family dwelling as a two-family dwelling.: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.: This property has been classified as a residential district but operates as a religiously affiliated children's camp. 9. The conditions do not apply generally to other land or structures in the district in which said land is located.: These conditions generally apply to residential lots and uses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.: Each specific variance request is necessary for the preservation and enjoyment of campers as has been described above. 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 Zoning Code.: See #1 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty.: The steep slopes across this property, as well as its location within the shoreland district of Lake Minnetonka, create difficulty in that only small portions of land are developable. Page 9 of 10 Approvals: Coordination between the watershed district and the design team has taken place as a means of obtaining the conditional use permit for the full Master Plan. Permits are in the process of being obtained for all district rules that may apply at a high-level to the entire property and full master plan build-out. Concurrent to the procurement of the permit from the city, Temple Israel has begun to fundraise so that the design team may begin to develop construction documents for Phase I projects. When specific projects of the Master Plan begin as phased, specific permits will be applied for, as required, on a project by project basis. A representative of Temple Israel/Camp TEKO and Brandstetter Carroll will be at the planning commission and city council meetings to respond to any questions or concerns.We will have provided notice (through the City) to the adjacent property owners as required. Please feel free to contact our office if you have any questions. We look forward to meeting with you again to discuss moving forward. Respectfully Submitted, Brandstetter Carroll, Inc. Katie Switzer Architectural Associate, Cleveland OH Richard Parker, Principal, Cleveland OH Civil Site Group Patrick Sarver Landscape Architect Kevin Teppen Landscape Architect,Senior Project Manager Nathan Dingels Civil Engineer in Training Page 1 0 of 10 Letter View LA19-000039 PRACTICAL DIFFICULTIES DOCUMENTATION Exhibit B PC LA19-000039 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: See Camp TEKO Narrative Letter dated 06/10/2019 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: See Camp TEKO Narrative Letter dated 06/10/2019 3. The variance, if granted, will not alter the essential character of the locality. Response: See Camp TEKO Narrative Letter dated 06/10/2019 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: See Camp TEKO Narrative Letter dated 06/10/2019 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 1163.06, Subd. 2, when in harmony with this Chapter. Response: See Camp TEKO Narrative Letter dated 06/10/2019 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. Response: See Camp TEKO Narrative Letter dated 06/10/2019 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: See Camp TEKO Narrative Letter dated 06/10/2019 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: See Camp TEKO Narrative Letter dated 06/10/2019 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: See Camp TEKO Narrative Letter dated 06/10/2019 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: See Camp TEKO Narrative Letter dated 06/10/2019 11. The granting of the proposed variance will not in any way impair health, safety, comfort, file:///or-mail/...1%20thru/LA19-000039%20(645%20Tonkawa%20Rd)%20CUP/Practical%20Difficulties%20Documentation%20Porm.htm[6/14/2019 8:02:46 AM] Letter View morals, or in any other respect be contrary to the intent of the Zoning Code. Response: See Camp TEKO Narrative Letter dated 06/10/2019 . The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: See Camp TEKO Narrative Letter dated 06/10/2019 file:///or-mail/...1%20thru/1 A19-000039%20(645%20Tonkawa%20Rd)%20CUP/Practical%20Difficulties%20Documentation%20Porm.htm[6/14/2019 8:02:46 AM] es° \ I BRANDSTETTER wiffirf CARROLL INC NimpprARCHIT=CTS.ENGINEERS June 10, 2019 2360 Chauvin Dr ICity of Orono LEXINGTON KY 40517 Attn: Melanie Curtis 859.268.1933 2750 Kelley Parkway FX:859.268.3341 Orono, MN 55356 308 East 8'h St CINCINNATI RE: OH 45202 513.651.4224 Land Use Application LA 19-000039 FX:513.651.0147 1220 West 6'h St Melanie, Suite 300 CLEVELAND OH 44113 Temple Israel requests approval of this application for a Conditional Use Permit to .4480 FX:21 1736.7 initiate development of the 2018 Master Plan as described in the 2018 Master Plan FX:216.736.7155 p Report.This document has been submitted as the primary Narrative for the Conditional Use Permit and should replace the previous letter submitted with the 17300 Preston Rd same name. It describes in detail, the background, intent, and design strategies of Suite 310 g g g DALLAS 1 the Master Plan and its elements. TX 75252 46 .941.496 FX9 469.9412 4112 j The following items have been included as attachments to the Application: • 2018 Master Plan Report Excerpt • 2018 Master Plan (for reference) • 2019 Camp TEKO Concepts o Includes proposed building floor plans, elevations and renderings. • 2019 Camp TEKO Survey • 2019 Existing Conditions Site Plan (updated 6/10/19) • 2019 Proposed Phase I Site Plan (updated 6/10/19) • 2019 Proposed Master Site Plan (updated 6/10/19) • 2019 Grading, Erosion, and Drainage (updated 6/10/19) • 2019 Hardcover Analysis o Includes existing and proposed hardcover calculations. • 2019 Impervious Surface Calculations o Follows MCWD standards for stormwater management • MCWD Pre Application Summary I o Verification of coordination I • 2019 Wetlands Delineation Report • 2019 Stormwater Report Page 1 of 10 Improvements: The attachments detail the following planned improvements, and few additional improvements not called out in the 2018 Master Plan. All improvements shall be implemented using appropriate protection measures (silt fences, construction techniques). Please refer to the 2018 Master Plan Report Excerpt for the detailed descriptions of these elements and their functions. Phase • Program Center&associated parking • Program Cabins &associated paths • Waterfront Improvements • Changing Rooms Future Phases • Welcome Center Pavilion • Maintenance • Entrance Parking/Arrival/Drop-Off • "The Bowl" • Arrow Cabin Renovation • Leader Lodge • Staff Parking • Pavilion • Program Platforms (Wood Decks) • Shelters • Toilets • Outdoor Programs • Trail and Path Network Phase I Improvements: The first phase of the Master Plan consists of the construction of the Program Center, its associated parking, 2 Program Cabins, the waterfront improvements, reconditioned beach trail, and Changing Rooms. These projects have been developed as described below. Program Center The Program Center will be located at the location of the existing sport court, just outside of the 100ft Primary Structure setback line at the west end of the property.The Main parking lot will be repaved and extended to allow for adequate parking space for this building and other Phase 1 functions. A 10ft wide, paved accessible route has been provided from this parking and drop- off area to the entrance and front porch of the building.This path will continue south to allow for accessible access to the Program Cabins,while also doubling as a vehicular access route for emergency vehicles. Page 2 of 10 A small access drive has been included to the north of the building,which will allow for vehicles to access the back of house functions for small deliveries, and access to the service area and mechanical space.This access route will be screened with landscaping to shield this area from entrance views. The existing fire circle just south of the building will also contain an accessible route to this building. Program Cabins Both Program Cabins are situated to the southwest corner of the site.This location will provide partial lake views,while still allowing for shade from the existing surrounding trees.The cabin to the north, the Program Cabin on the Hill will be located to outside of the nearby structure setbacks. Its main entrance and front porch are oriented to the south,where an accessible gravel path will connect back into the main circulation spine. The Program Cabin in the Woods will be located just south of the Program Cabin on the Hill and the common lawn for the two buildings. An accessible gravel path will connect from this area to the central porch of this set of cabins.The southern half of these buildings will be constructed on piers so that it resembles a treehouse.This also allows for site grading to be minimal. Waterfront Improvements The Lake Minnetonka waterfront at Camp TEKO currently contains two program areas; one for swimming and one for boating. A small, overgrown trail along the shoreline connects both of these areas. The design team has proposed to recreate this pedestrian trail by reconditioning the dirt route and clearing out buckthorn overgrowth.The existing primary beach will also be enlarged by removing this invasive species. Changing Rooms Changing Rooms will be provided just north of the primary beach to provide changing spaces for beach users and storage space near the program pods. Because of the steep slopes in this area, this building will be constructed on piers to minimize grading and site impact. However, the site bluff analysis has identified that this building's location will result in the need for a variance in order to be approved for construction. Temple Israel intends to begin design development and construction of Phase I projects as soon as funding is secured. However, there is always the possibility that these projects could take 2-3 years to fund and complete. Page 3 of 10 Parking Calculations: Most facilities at Camp TEKO are utilized by approximately 60-160 youth campers and staff. Day camp operations typically require few parking spaces for staff and camper drop-off/pick-up. As the camp exists today, the provided parking is sufficient. The 50+ spaces proposed in the Master Plan are more than adequate to accommodate day- to-day camp operations in the summer.The only significant increase in parking will occur during occasional year-round events that are held at the Program Center. The Program Center's main assembly space has the capacity for 240 at tables and chairs. Using the City of Orono's performance standard for off-street parking, churches, auditoriums, and schools should provide one space for every five seats in the largest assembly room.This would require this facility to provide 48 spaces. The main entrance parking lot has the capacity for 48 cars.This total does include Maintenance parking, so any additional parking needs may be met by utilizing the staff parking lot to the east, which contains an additional 12 spaces. Both lots will provide the minimum number of handicap spaces as required. In the event that Temple Israel hosts a large-scale event, arrangements have been made for shuttle services to bring guests to and from the property. This arrangement has been in place for multiple years and will continue to be utilized as needed in the future. All parking lots have been located outside of shoreline setbacks, wetland buffers and their required landscape areas. Buildings: All proposed buildings and trails have been designed at a high level to address ADA accessibility, the state of Minnesota Camp codes, the city of Orono zoning ordinance, and any applicable building codes. However, all elements will need further development and code analysis upon startup of individual projects. Per the comments made on June 3, 2019, by Roger Peitso, the Building Official for the City of Orono, the following considerations need to be made in the development of construction documents: 1. New buildings over 2,000 s.f. or floor area will need to have sprinklers installed throughout. 2. Additions to existing buildings that have an aggregate floor area of more than 2,000 s.f. for new and existing will be required to have sprinklers installed throughout. 3. Any building with more than 2,000 s.f. of floor area that has a change of use would need to have fire suppression installed. 4. Because there is no city water available at Camp TEKO,wells and water storage tanks would be necessary for the fire suppression systems. Page 4 of 10 5. All ADA requirements will need to be met for all new buildings and expansion of available parking. 6. All remodeling of existing structures may need to spend up to 20% of the remodeling costs to bring the existing structure up to compliance with current accessibility standards Landscape: All proposed landscaping and existing landscape removal is high-level and can be found on the existing conditions site plan and proposed site plan. Some of the proposed landscape changes include the following: 1. Provide lake views to the Chapel and Program Cabins by cleaning up existing buffer trees and removing overgrowth.This will consist of removal of mostly invasive vegetation, rather than full tree removal. 2. Remove invasive vegetation and overgrowth from existing beachfront trail as part of the waterfront improvements. 3. New tree plantings at proposed buildings, parking and walkways to direct views, block winds and provide shading. 4. Route new trails and walkways through existing tree cover with removal of as few trees as possible. Specific plants and their locations will be identified for specific projects as they take place.This includes landscaping that will be incorporated into wetland buffer areas, screening areas, and any landscaping required for parking layouts. Variances: As described in the paragraphs and Practical Hardships section below as required for the Variance request application, the design team has requested the following variances on behalf of Temple Israel.These items relate to projects may take place over the full build-out of the entire Master Plan. Improvements to the bluff and bluff impact zone The requirement for this variance is brought about by the implementation of the new changing rooms, program pods, and various trails. Currently, two changing facilities are located at the eastern corner of the property. These changing rooms are aging and remote. Campers must walk a significant distance away from the beach to access them.The new Changing Rooms will allow for campers to remain relatively close to the beach. Very few areas exist on this property where such accommodations can be made outside of bluff impact zones Page 5 of 10 and the lakeshore setback, while still being within a walkable distance to the waterfront. Program Decks have been proposed to utilize the steep slope of the site in its construction.These pods will be utilized as maker spaces, performance stages, or simply gathering space with a fire circle nearby. Portions of this element are located in the bluff impact zone. However, minimal grading has been proposed so that the existing topography may be utilized. Like the changing rooms, this element will be constructed on piers. Trails have been proposed in few bluff areas to allow access to different program areas of the camp. In most instances, these routes are designated as trails and will be composed of dirt, or a pervious,wood chip surface. In other instances, the circulation routes are existing, and contain improvements for the sake of easier access by pedestrians. In only one instance does a paved surface overlap a bluff impact zone. This drive occurs south of the existing Dining Hall. A small turning circle is being proposed at the intersection of two existing drives to provide a pedestrian circulation node, and better vehicular access for camp staff and service vehicles (only), where 3-point turnarounds previously had to take place. Building and Hardcover within the 75ft Lakeshore Setback Grading and Building within the lakeshore setback have been minimized as much as possible. However, the Master Plan calls for slight beach improvements, a reconditioning of an existing trail, and a small swimming storage shed within this setback. Little to no grading should be required for any of this work to take place. The swimming storage shed has been proposed to store program equipment, such as life jackets, boating equipment and gear.The proposed building is approximately 150 square feet and is intended to replace an existing shed at its current location. Number of Entrance Monuments and Gates Orono's Zoning Ordinance calls for a maximum of 2 entrance monuments per approved driveway access, measuring no larger than 25 square feet, and no length to exceed 5 feet. The Camp TEKO Master plan proposes 3 new entrance gates at all access points from Tonkawa Road, at the northern end of the property.These have been included as a means of extra security for the religiously affiliated camp. Camp TEKO caters specifically to the Jewish Community, and in doing so, may present an attractive target to threat actors harboring anti-Semitic views. A security assessment, completed in 2018, called out: 1) the lack of an enclosed perimeter and 2) The lack of physical gates to control vehicular access, as critical vulnerabilities to the camp and its operational process. For this reason, Temple Israel and the design team find it necessary that all entrance security elements are included. Detailed elevations and construction details have not Page 6 of 10 been developed as a part of the Master Plan but will be created as their respective phasing is developed and funded. Practical Difficulties 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter.: The Camp TEKO property is zoned as LR-1 B, a one-family lakeshore residence district.This district is intended for a combination of medium-residential developments and limited agricultural activity that should not endanger the quality of runoff into Lake Minnetonka. Additionally, this property also falls into the SD Shoreland Overlay District. The LR-1 B Allowed Uses are as follows: City-owned public service structures, Gardens, Municipal Buildings, Non-rental Guest Apartments, One-family detached dwellings, and publicly owned parks and playgrounds. The property's use as a camp results in permitted as a conditional use in this district per Sec 78-328 (1). Camp TEKO has operated since 1965 as a summer day camp. It has been well cared for with improvements throughout this time frame.Temple Israel has obtained a comprehensive Master plan as a way to ensure the camp's long-term vitality and viability. The Camp TEKO Master Plan proposes changes that result in the following requests for variances: 1. Improvements to the bluff and bluff impact zone 2. Building and Hardcover in the 75 ft Lakeshore setback 3. Number of entrance monuments and gates. a. The variance is in harmony with the general intent and purpose of the Ordinance.: The variances requested are minor in the scheme of the overall property, and along with all other proposed elements in the Master Plan, are intended to improve the health, safety, comfort, and morals of all users compared to the existing camp as it operates today. b. The variance is consistent with the comprehensive plan.: Page 7 of 10 In addition to the operational goals of the Camp TEKO Master Plan, the design team also proposed elements with goals for entire the site in mind. Similar to the City of Orono 2040 Comprehensive Plan, these design philosophies include maintaining the natural character of the site, minimizing impacts such as hardcover, grading, tree removal, and the control of storm water runoff to Lake Minnetonka. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner.: The steep slopes across this property, as well as its location within the shoreland district of Lake Minnetonka, create difficulty in that only small portions of land are developable.The southern property line is composed of approximately 1500 lineal feet of Lake Minnetonka's shore.Therefore approximately 12%of the property falls within the lakeshore setback. Additional structure setback the property's developable area, but the natural character of the site will be designed to support the minor developments needed in these areas. 3. The variance, if granted, will not alter the essential character of the locality.: As the camp has existed and operated as a day camp in Long Lake's community for over 50 years, Camp TEKO can be described as a longstanding piece of the character of Long Lake.The proposed master plan elements are intended to improve on that character. In addition, most of the proposed development is screened by existing vegetation from the lake and surrounding areas. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter.: N/A 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.: N/A 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.: Use as a camp is permitted as a conditional use. Page 8 of 10 7. The Board or Council may permit as a variance the temporary use of a one- family dwelling as a two-family dwelling.: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.: This property has been classified as a residential district but operates as a religiously affiliated children's camp. 9. The conditions do not apply generally to other land or structures in the district in which said land is located.: These conditions generally apply to residential lots and uses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.: Each specific variance request is necessary for the preservation and enjoyment of campers as has been described above. 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 Zoning Code.: See #1 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty.: The steep slopes across this property, as well as its location within the shoreland district of Lake Minnetonka, create difficulty in that only small portions of land are developable. Page 9 of 10 Approvals: Coordination between the watershed district and the design team has taken place as a means of obtaining the conditional use permit for the full Master Plan. Permits are in the process of being obtained for all district rules that may apply at a high-level to the entire property and full master plan build-out. Concurrent to the procurement of the permit from the city, Temple Israel has begun to fundraise so that the design team may begin to develop construction documents for Phase I projects. When specific projects of the Master Plan begin as phased, specific permits will be applied for, as required, on a project by project basis. A representative of Temple Israel/Camp TEKO and Brandstetter Carroll will be at the planning commission and city council meetings to respond to any questions or concerns. We will have provided notice (through the City) to the adjacent property owners as required. Please feel free to contact our office if you have any questions. We look forward to meeting with you again to discuss moving forward. Respectfully Submitted, Brandstetter Carroll, Inc. Katie Switzer Architectural Associate, Cleveland OH Richard Parker, Principal, Cleveland OH Civil Site Group Patrick Sarver Landscape Architect Kevin Teppen Landscape Architect, Senior Project Manager Nathan Dingels Civil Engineer in Training Page 10 of 10 / / `s \ ,, ,� 1 \\\\\\\ \_ \`\\\\\��`\�\\� \W, LA19-000039 I I // , : \ \ . 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'r ----- - t 111111 II IiI I III II Camp Teko . 72 I A < - E MATCO Managment • V, 4F, 40 CD TA I j ;0 I ' v `�v'y d r Y7,9 tg F—as CL • , �:a�.. � - - 1/'//'-\ e E a co V --7."`...- r a I 11 3 -7------- ''y _ L F . ,,, r' --- / ' a.- A'' r / ,,,,? SLOPE ANALYSIS PLAN ea C1.2 c.nee�. a '�s� '''''''''1A1 9-000039 Exhibit D PC eru Eley eaY GAIEv ' GATE LAKE MINNCTONKA „IAR PARKING GH011'[RG MAINTCNAM10E d 4 AOMINIeTRATIO6. Vi• M�e IVELCOME (1 ; GEN IEHAUL\Iil ''y ' PAVILION TERRACE „ PROGRAM.�.y ,�.,p - CENTER M, ii �`64 _ BOWL �S GATE ,. GA�RDEN/ Y R y E FIRE PIT =~ ~PICNIC FIV aHHFF ? LENDER " , T � �i PAVILION POLE LODGE l� P I.vv ARROW iv A, '''.''''''''''' '.-.'4"k-'-'744.1 'W:NYTT ; "* PROGRAM CABIN 1�M ' VLLLAGE * -` -e PROGR :'+., l'PAVILION,. PHILLIT •.x PLATFORMS. +., '`a. �^ G ARCHERY �P ' HAMMOCK. . LEGEND s ,ate' Vj,/,J/� CHANGING VILLAGE _.'y+ ROOMS 3 CHAPEL T i1U 11 6. 41 r moi,_. 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"-- -7"kIllfr i1/4 ei, ,,,.. wA),, .,,, s \ \\ ,,,,,7, -,- ........, ,..,, , , ,...,„-,-„ ,, ,, A,,,-,-,----,--,6,,,,, ,,,,-.., ,\ ..„._ :.,,„,, _, ti„,\,-, 9yoy , , a�' Vit"'% `7h-, „ \ , ] O\ wee:` i/III -- \ sv a e° •,. ,1/ • I/ ,,,\,, '. \\\. . ///I I „..„, LEGEND / ,11. �1 \ 'lo� J \N,,, /)e�Lw �►;►�• \ eiti'II�\1P /�• \ \0 E---ELECTRIC I ji � '1 11` � ::SI I // + / �� o/Y e� \ ---w---WATER \ -r,1 \t'Zk, . 1 I - f"�';:: l 7�._ -14.4.11;giti _�, \\o \J \ \ _-5-'”SANITARY } .'....2,_ `��,® I\I I .e Gi �»�� - (/11 ; .`\\\�\\''Z' 4141\ \,.. �w \ SETBACKS I`.I M I .-l•` \��`\ •�Il �� \\ -I/ \\\\• S\\\ PROPERTY BOUNDARY �•'d. // ��*P�,, 1,1 1 \� \\\ \ .• . • --`\,\\\�y\.s ' -.. i \ h -de. % ° C�� IJI III � \ \ t+' , N N ` .`\ \\\ , I ,0 WATER J N 4-7:7 le �/1/I J .i a., N\\\\ ” \ ``� \I \\S EXISTING BUILDING / _/ / ®E:lel. I� / // /1r � s \ �'\\� \\ \q\ \ \ �`� I .,,\�� NEW BUILDING // ...r i , -••=f4-1 !; /i(I III ZNrel . - .... \�:\\\\\1� \ '�`{ \� \ V-�•f'e a�,` \,),,.i` O NEW PAVED PARKING / / 16*i41 �''? `,\. s,\�\\ F+� \\\\\ �-\`' //'` • s • '1\ \\�►, NEW PAVED PATH / ...s JI --' ,��41`1 ...e%' F _�e� ♦"' \\�,�.\\\\\\� ) . Sl\,11 ® NEW PATH COMPACTED PERVIO S ��_ i� i� �� -\\\\T\�\�\\\' !10.x\ / i / `�I� I f.0� 1. \ \' ( y I �!;_-. - - Gy �°�% TO:or ��'_ .\ `\ y�\\\ \ �* t XN, G 1�ee gfI\\0 1.11 NEW BARK CHIP TRAIL(PERVIOUS) 1� y �� \`\\\ \ /�, -�•1// 'P fS� °e�L '° \\\\\\ EXISTING ROAD/PATH / `-'..E..--z `..-Q/0•��ca� �-`� \`` ``\\\\,`._rm \I/ i //� \oma` � � b\...., 0 NEW TREES _ _ +�1- \\\\Q i y \ \.I \ (( �'\\\ gp NEW LANDSCAPE BOULDERS _� ° °{O % +® "` �.\� v y �� \ \1�,`\ \\/ �\\\ \E \\ LAKE MINNETONKA " V �\ ?rr �'+`Mv�TI,5 \vv v vX- Asn,y SITE DATA �_ . NORTH ARM "\_- \,S \\ Ioa ,.\\Ibr , c o� ADDRESS: 645 TONKAWA ROAD (PER I) -^^� R \y �V' / I1��I ! T• +� CRY: LONG LAKE Et-'-'-- \' 1\� / // / / / COUNTY: HENNEPIN \ \`1 �./ / //-�I / \ \F ACRES: 18.3 ACRES A i3�\\:\ !I1� "�/�/��� '// /i/ \ \\\\ �, � AREA: 801,054 S.F. /•\ \\ '�1, / \X- 'i) \ \ \ '� TOWNSHIP:117 /° ` \ � �,/ �,,1( '// \ I r SECTION: 5 ..• \ \, 1�1 .S'i / // I \ Gv RANGE 23 - \ \ �1,--_ / I \ PARCEL ID:OSI 17-23-33-0019 ozs.s �I \ I .1 \ y / '�///�\ \ \ \\\ SOOD: TIER at\,/ \` 9 ,,../N\'•--....\.,-.\\\ \ \\ ,\\\ OWNER: TEMPLEISRAEL 11174Ilk A f J I / 0/ \ II \` 2323 FREMONT AVE.S., 4, 4r,.• , I I \\ O / I I J MINNEAPOLIS,MN 55405 \ _J 1 CAMP TE KO r__ru OVERALL SITE PLANA PROPOSED MASTER PLAN (=BRANDL NC GENERAL GRADING NOTES. n.e.vwTin— .xwm.x....rxa, \ - .1iS2. ,1-1 kc , r -- r i. ,aruT.cALL.acwe°sx mss o ��. -�sa 4 k j Eb.s, -. . __ �� w.Mr.6��A.xs.,�F�..Mo',.,� �:.,. yy ,o.,s 1l ,<,,f;','.7.Z \ ''''''''"''''''''''""""'"'s''''''''''''''''"'""'"' ° RN � i� '�_``, \'- max„ r w CABO,WI VIE.AmERE!VACS`OBE ECTAAOSKP TO A PEPIN OASINCAIES RCM,. W :§Pc il. \ E Eg "co a� 'o � aaR�,xExa ce U °''' a -- • ,:i- I u T �x, x a..,c.m,K.,= ZOxEtNE� 1- ..u.x,..w�ce a. AC _ GRADING'PUN IEGENCI: .- -'STE AREA TABLE —_ - IMPROVEMENTS xTs \� _ _./ - _ \b C xox..nux„ ,ssss: msx Fsss sr e,„, x,,, :to,sx'' w.,asasw _ - �Ts, ma, uu+ev wn \\ swa � R. -iraeac o,.nxcawss �su. ccrw,• TY. E oPHASE I-GRAgNGBPHASEI PRELMGUTFILL \x\ DRAINAGE PUNGTY OF OONO GgNG NOTSewswco C117 ngc 111. ssxFrnmxaensomu... n„nn nsis.�scu ISV s�,,o,acoxm,...4, '6.'''100> o,Raaa Ga��'W,Au, C� C3.0 a ° ...... m.�. ,.0.. GENERAL GRAOING NOTES S CivilSite /55S. ..,`,"-.2" -.,—"z!,.,:_, ., .....',•' / - ,,,, . I-,---- - \ ,. :::..„:„,---------,:,•'TZ. r -''- -.7------ ----„2.,,-,,--;%'' --Aoki/ 7E'sl'F'''''" _.'" \ '.' \ .../-_,- , "r."`-'-'"' '.(.--i ---,---.01' . A ---':.-14 2i-'-- ' 4,7''...,/..?-:-/-: \ -',A:\C-----'-\ " ' ------...- ' -'..- ."4. - - '''''' ' ' '1-7 '-----' ' -..-\\- ''' */- . - " ''/- N',,,' illir°11114 \ , -'- ,\ i, . ,. 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'e Camp Teko .;w. 5.5rotaroR�a so'C) = : v x ) Orono Minnesota W E1E2V�� Temple Israel H I j zi < 1 Minneapol¢,Minnemla55405 ,i E�� CivilSite 414‘iiirftik -,.. ®SEDIMENT RIO-ROLL/COMPOST FILTER LOG 0 CURB INLET FILTER no s N T S 7 ''' :..::-' 't::: . ,:.. .. . 3C1 I li : 2!", . .. .. q .... __ w :„•...„.. ,....::::,..... ,„:,,::,,,:-: i .„..-„•. ,,,..... ,..„..„.„,,, ,. . ........r„,..„ . ...„ „„,...„, „.....,.. ..c...,„. ....„ rj- .441VMHEinddIr EMMA-4p PROFILE 0 SEDIMENT FENCE N T S ' ENES'FMTLEFT==== : CEEF'EF:t1T¢T=TalWrXrnr.s4=7'''''' 0 STABILIZED CONSTRUCTION ACCESS N T S ,....... —., ...,..,......... .,„ 7.2.F,ii.F''- DETAILS 0 EROSION BLANKET N T S C 3.2 e I \\\\\ \ Cs\ a�„ ` LA19-000039 I \ =:.•\\ \\ \ \\\� it\\\\\\. � Exhibit J / \\\\ \ oC PC \\ \ / `\ \_ Cn•— .; _ ONlwalRo ) .. I. /(,_ > \ _��\\, \ \\ ,/ ! I \\\\ e - O[ \.III \ `r��\\\\ \\\, \ v "�� 1 l f 03,-7--,„ A 2 \\\ .)...--\\\\ ml \ \ \.h'ti. a 1 �• �I:�/\" 1�v / J� \\\� k ' Via\ vq �e \l� a ��\�.: s ' l4S :1! 4L \1M*\ / I �`I , ` .,•I \I h R'I °p O / ,\. y/- ( \\1 1 Y \ \\ E___ELECTRIC \ .1! � ''111 \ e $1111,'"S1),,, ♦1'I ��7 �/// i '- /\v�S 1\I ��'. \ E__WATER r 11 ,. I 1 k.V,„...:7....,_.,.:_.0 e + \ 1,._f/r�t i \p �e� \ IL\\ \\ 5--SANITARY Ix► I\ < t { \\'\ \yb • \ \ SETBACKS 1�) 6bA IIID Ie" \ \�, \ PROPERTY BOUNDARY ! V o• �A 1 1 \ 0:1-7^ � ./•,'—'\ .`�\ � �T \\ N .�� : hK111 1)1 11 I \� \ �. 1 \\ \\ , „\\,..\\\\\ WATER N �y 1, �.'.,�./ ///////,..41A, 1) A 89 \ \� \\ \ •{ 2,,,,,\\,,,,,,,,,,,,,„. \ . \\ \� .\\\\I \\\\'\\ © EXISTING BUILDING // o �./ PK t�' KII� /' r /i�..41 OA \ - `\,.N,<�\`\\ \ , \s\ \ f fe °\\ I-b l NEW BUILDING o ,� • I �"��,.. .°- \-.',-\\\\\\\\‘ Y 11 iq\ I O W\\ \ WEENI NEW PAVED PARKING / / i4 A♦° �---.• I}• �V `. \\�\\ \\\\\\\\ /` `` • �)\ •U�\\\\ ® NEW PAVED PATH / 1' 110 44/yp.4514.0.Y .i ,���. *_Y el,\\�\ \\\\\\ \ 1/7 ,17// y i I /p} \ \\ \'. ® NEW PATH(COMPACTED PERVI0931 Mee.., /i=i-_7f"Ora f i�� `_�\,�\,� lK�\\�i Y- :pit L•,"1/7,,. e�L �iI\\\\\\. NEW BARK CHIP TRAIL(PERVIOUB) tiv0 _ �_ \ \\ /,� I r(/ ,p ��� \\ \\\ EXISTING ROAD/PATH ter__ ,_ \ \\\ / o NEW TREE tq� �` \\s - 1-yp 1 \.I \i\ 4......„.,\ 86 NEW LANDSCAPE BOULDERS —_'�je =qq i ..® \ \\\�K�$ 7Y'\\ �I\\I"a`\ \\\ ``n\ • \_ — _ — LAKE MINNETONKA .- \*.\,, ?x` \\\' ,\,,A o SDE DATA �-- e._ NORTH ARM 4� \� \\0, 11►'"?..,\\ i\0>Ail 1r r� &• \,1� ADDRESS 645 TONKAWA ROAD (AER I) "'^` \ •v. . / 7 1 I r .�' CITY: LONG LAKE """""""" \, \g `'t1 // ///.{/'/ �/ \\� L COUNTY. HENNEPIN \ /�j ACRES: 183 ACRES \L`\ •:1 \p lft. i7�/, e,,, /,// I \1 \\ AREA: 801.0545.F. / \"\r\ ��! - \I fj / ,/) / \\ I \ 1` TOWNSHIP:117 ®\�\.. ,;11., r' n A / I1 1 \' RANGE: 5 I 1�\- , / \ RANGE: 0235 E "` �-- PARCEL ID:OS-117-23-33-0019 9n N l All\\ 9_:,..-,,,„N\ SOOD: TIER I \` OWNER: TEMPLE ISRAEL �,������ ( /, / \p /— \ 2323 FREMONT AVE.S.. A/.f 11 \I\(,\� 1 1 �\y��' MINNEAPOLIS,MN 55405 \ y'1 I I \ \\�J) ]/ , CAMP TEKO �1 OVERALL SITE PLAN-PROPOSED MASTER PLAN (��aRANOSTETTER -' T CARROLL INC 645MN.WA ROAD.LONG LAKE.MN 55556 ".,...,:z.2..^" \ I ,\.\\\\''\\\ \ \\\\ I\ -/ `- `\�\` \\ LA19-000039 e, \ � Ca � �,)_/�� / \ \ \ \ \ \ \'\\ Exhibit F 1 , \ \ Pc / �:' \ \ \ \ / \ - i/ �M /'��]/�/J� ^y'� \ xL�7/jj/ \\\_\\C I IDNWAIRO \I \� ////� \r�\:=\\\ \ _ gli` V`+ N 7`',Y^{T i ; +0\\\\\\�. - O[t -'.�\III \ _��t\\\\\•\ \ TS)-j-- / \\ \\ ' \! \-\-----'-`,,' �� /nomJ.\ \ \I\ `\�\ �O�\ \\ -. ^ j1 SL . � . �- • ill \ \ \,,,,,, --I,•: ' ,,....iiiorr- 71!ci..-:• ,,', .;.i;:: ..:;,'„', - ,'4,\ r••• \A -,'\\ ,d ,.'If 11\ \ sv a �+ • I! \\\ LEGEND 1 p i } 11►°0 oon 1^ \\ iv//%i-r q\-P-_,\' \ It 1\ \� \\ \ ELECTRIC \ .] :(- 14'1\I� _ � Y /`!I lip., . v \ \\\ --B---WATER \_r I 1 `\.� -_=-:- .4411,1\ \ \'',,,o-,-;:,414 \ � \ \ 5___SANITARY 1 111 �T SaERI3 ':I 1 I� O.� W 41 ----- f 1\`.,.-1"1600,0' , ` \\ \\\ ni SETBACKS 1wl{ C4.-;12.1,"1413I ---� r 1 I ! \ -`f \\\N\ s � `\-\ \. PROPERTY BOUNDARY Iry1 .1'- 0 �,*i'� 111 1) \ %': -\,' : - ' � �I: 1 \\ n N. WATER '4 .y`�X�/� ! I I .`.. \\ \\\ \ \ 46; 4 © WATER BUILDING J -.( 41..."- a �'„' 4,/,,,; /,' + g., �--,x, �WI = v� rev ® NEW BUILDING 1/ o -' /' r./r� VSO►ik- n. , ' l 111 01 iy \ \\\.k ..._ \) "\ I I?\ i 6 \ �ut--\\, IMO NEW PAVED PARKING // 2 / / 1Rga( tttirr) - I 41� .. �� A` \ \` �l✓ ! \ /U�\,\\ ® NEW PAVED PATH / a 1ad'ai 44 -,,..,,,'''.',.'..--,i14_.:14, i a.'\\ '\\\\\\\ 1/ • I/ ! \ \1 ® NEW PATH(COMPACTED PERVIOSI w - 1�3 •,�1. \ ` ��\ ,L O. \ NEW BARK CHIP TRAIL PERVIO �� - '� ~' /r- \ u EXISTING ROAD/PATH / � �fp 0 Q� v Air-�s `_ \ \\,.. j' \�.1 , /!' .,gyp-,r'I¢O i\ 4.,,,,,--,. O NEW TREES .a /440,,,, ,_,,___.4 .- _ - �I - \\ 7 I\\I I``! \\ \\\ 8p NEW LANDSCAPE BOULDERS .,� e S'...2.2-I 1 nm 1 \w•- g4 y;\,\,\ , ,\\1\�\\ \\ `t �\x ,\ LAKE INNETONKA �` `O` ' --rk0 \\ Vim\ \ ' SITE DATA W_ – N/RTH ARM \'',\,\,\` 0\`++ M1�0hl!'\ 51r k Q; ADDRESS 645 iONKAWA ROAD nfR 1 ^- 11 I I�( Ik + .R7 CITY: LONG LAKE ✓•` • ^-: \ 1`` /r /,„rl ! �/' \\ 1i COUNTY: 1EIENNEPIN 8.3 ACRE a e •1,E. \ )\\��m,R /•I `. \ ACRES: 18.3 ACRES D \ \ '„1,;,,-__-,),,,,1i/\ /,�/ z/ /,/I \ \' .\C%/,< AREA: 801,054 S.F. /yy� f \ \, I Ij'- / / \ 1TOWNSHIP:117 �•y,�� Ntw { ,1VIIIYI>f ®\ `\ gC �• SECTION: 5 Cr�f/y� M ®\, q �l�"y `� / // 11 \ \ A" RANGE: 23 f 5 t8` Y -/' ` PARCEL ID:05-117-2333-0019 J/t���{�.. 11"} !i���,r�` , ,. \ ��9' \ \\ \ \\ SQOD: TIER W��7 �.` `�� ItV11 I \ /\ \ � �\ OWNER: TEMPLE23 (MONVI CtX/$ V \ 1� �� !I I r O// h\\Y`\ 2323 FREMONT AVE.S., MINNEAPOLIS,MN 55405It* SIVA \ }'t, 1i, \\\ ��/ C .y CAMP TEKO •resoce tT OVERALL SITE PLAN-PROPOSED MASTER PLAN (moi T CARROLL INCLLIF4C !r1-rZJ �s CARRO 645 TONKAWA ROAM.SONG LAKE.MN 54556 i ` ,"\', V,' \` \ ` , _q�y LA19 000039 1 / // \', \ ' \ 1 \\\\ \\N\ \ \ \�\\�\\,. -tel I / I \ > \ \ ,,, 2._\ ` I j \ I I \ I\\\ 1 ,,,,[,, ,,,,.,•:,„7.... ,\ Exhibit G \� i. ---- Z� ♦ I \\ \\ - `\'�i. \\ \ �� .... �\ _ PC \ \ / ‘\ \s--'[.------=-7----coy• , .V E //,� \ \ _ \ \ / \ \:\\ ,,,-.".111,,14.17 \11 ... , l e. , \ cc 4,..• ,-:---,-...---,:....-....:-rerHog at vit. 47: kfit .k., . s- 10,46..,.. 1),,,,,„• ,\_....„,-, --,„ , \,itEn>, , ( la Gr-5-1 sol \�, \\\ �\_ .•-.,.. ,/;. /7/41,(1' /i I I \, LEGEND I 1 \ \6k--00,14.1lJ /,..,_\,\ I I \ \ / / (/ • \/� • \ \' 1/ I(i Y�\\ \\\ ---E---ELECTRIC \ �� �{\ � 1 \1 f •.-:-„,_.,--,.-- _ //(/ �° � \ ---�`--WATER -r l l '. 1\I� �-0.� _ ,41\\ Z--------_-_-,,,--, „�I�/� _����a \/ v\"�"�® \ \ 5---SANITARY T.i � � I I I I W R 4:1c- :•-��� "� J",1'^er \ , \\\ \ .yb \ f \ SETBACKS I.'.'4 `_A I C P \��-\ \ \\ '" � ; \\\ !\ ♦ \ \\\ \\\� PROPERTY BOUNDARY - .kw // �/ IT) 11� 11 �• \ \\< \ _.. `\�\ B�\\\ \-,1114100 ;\\J` wnrER J o -}"' �l g / I l ��� \\\\\\�.. \� � ,‘,\ .. E""'7 EXISTING BUILDING / N ( ,, / yyy. I\.:. ////; ///- \ L, \\ \\ \\ \ \� \ 14'1 NEW BUILDING // 2 � / �/� >„„,-_-_,..- / III ,‘„...7.-----:----:„....\ \\ \\\�\ �� � /r, \ �.•' ® � �` r�\\\)\•.. 1 1 NEW PAVED PARKING / ..x'. , `♦ I ''l\\IW' '''' '''''\'' '''' \''''\\ \�`` //'.' ` 0 r �U1•\\\ NEW PAVED PATH I/ �' h ,__liiSJ/— ♦�`I \ �� �, ;.., \\\\\\ \, 1i ` Il x l l \\e\I\ ® NEW PATH COMPACTED PERVIO - ', 4,t,___,- ,LLIR�'T i ��\sA:\e\� \ � \- • "/ /l' I D1 1 \ \ NEW BARK CHIP TRAIL(PERVIOUS) ��w �� \ .' 11/ ♦ EXISTING ROAD/PATH / 1.moi--—*". "° ___TL,,.---- _,--------- ---2 1 \\\ ,\\\ �\ ' •� I/ 17•� / 'P'5 0/ ` b� 0 NEW TREES —_/ _ - - �` `\\ � {''�\\ I \.I��/\\J� r� lit l'' LAKE MINNETONKA _ ��� 4 k \� �Q) �1\ Q, SEE DATA NORTH ARM �\\ \ 4 // ; _ADDRESS: 645 TONKAWA ROAD (TIER I) �— �'' �\ 1\\/ - //// I I 1\ S'., RANGE: 23 wg •� \ �, \ i ,, _ / PARCEL ID:05-117-23-33-0019 ux 6 II 1 Ai \ 1�'" / \ \ \\\ saoD: TIER l ‘11%,)0,4,4,t" v� � �v �\\ OWNER: TEMPLE ISRAEL ,_,j♦ / ( D 3 2323 FREMONT AVE.S., Illi I D r ) I• \� MINNEAPOLIS,MN 55405 m.. • 1 . CAMP TEKO "- C OVERALL SITE PLAN-PROPOSED PHASE I PROJECTS iBRANARROLL INCDSL INC L ' 1 s'5 ToiaKAWA ROAD.Lout LAKE uu NOTES 1 ��xo-� . NENALGRADING.,—,, .0.11.i Y '1.yLlvA -,.L --- ���'� ,d... .�..� 'mxy wi I w � J,�w� ��_C <"".°0"s=----43'1 , ,049 D.,. - D�j� I a ti \ ._.,_,.........._., \iWnrvxD "� I� � 'NEVV ITER �� ��' '- a , ..f MicOc.m.aim,.BE coup FT.,rw esti,,ToR wm.,sola.k.rcah.Or..1P.5 '. .L.i Y§ a` ca iII , r V v ABIRs i --TA-- r �� //�� �h�� ti��/� e , � BR.„If PI OkIRLU11.4.1,1.1 IP,S,IPPECIf1)OW..BY nfrHMEIEir. J ELNx. yr �.l I N= � n _,. 3 5,ac,H ,.a, - - .nn.� — --�� -,.. GRADING PLAN LEGEND. l 5 AREA TAKE OVE s \ ��1 I � C D" 9 ,‘„„c„,r..[M.Alt.VEMENS „5„S SYlYS SF4 m�6. m ruS. NEWWOOL w\ ,� e DO ,. „. rwEwsrwnc „..w3 wr_E.wnx uta MOM Sr smo. BOOfx35r rm C. e --_ Si,.n[nwnrs ilii EXISTING CON,10,1 IS 00 Si 9. PHASE I-PRELIM CDTrFILL'. TRA LG \‘\\,.. o��y xe�erna.ea2c.��� PHAGE-GRAgNGB nor... .msr s2 rx Drr[n[n„ .gmsr so. mn uiovao n[rus[msw CM OF ORONO GRADING NOTES: 1 M-- - --_�y Inl \\r DRAINAGE PLAN [xoso.[o �' 1 .. RESER, srcrne GM[HGWR9 D,,.... yrs yr xa r:nsnc ayrwux[[ riu Lssyn D sir r[x[yw wsr wrsrrt u J 00310F4(Wag. ms. C3.0 .�rxD.[[.gno�« .r. R..Y.[.�N�, .md ,:, and .,�... . �..� _..a..... PROGRAM CENTER LA19-000039 Exhibit H PC ilIIMMEIRIfII mech T service > • y �0 1 cxp 1 a - n .� ` �� pz `� maker 4 4 o' x space teach3 g kitchen m t1 xn ' �1 m ��10� f{o table/ .. D 2Gx4b �-, 0. chairsIg ; j fan, y equip I Ell , r ti, I �� A( �ul program -� �= 9 I 1 activity area porch i L illI `— — *� looxGo s .i. ou bi.i�>cfoancf � �.0, .. •� porch I IJ �` 90 n Iiii [jr. ��t I .o ryry�� jj �^�-�y w, '�, r � i ��Rl I �. plt Io,-o•• 0 4 6 10 0 2 4 6 CAMP TEKO CONCEPT FLOOR PLANS CARROLL INC BRANDsrETTER 645 iorkawa Roatl.long Lake,MN 55356 -- "'-'' PROGRAM CENTER r „,1„R ',. ._ : .' - .- '':;: '''-: -...-'.....I''. ;,:'.-.,.'' .. .- a ` : ,, - ' , ' . ' ' '.'-':'' .':':::,:,;'!:',', '''''''''-i".'-e":;''''''''.rili;:"..: tiu CAMP TEKO CONCEPT RENDERING ` CARROLLENC 645 .,,—Rood Rood,L0 g Loke,M 55356 PROGRAM CABIN ON THE HILL N. r- '--- I �' I x:Mech. I I 4 I lo _ hsk. — _ II ada ada �1 —— frD CJ \ ---: 't '. - ; I - m .30x2 7e r. x I o.{ho r'aM ah 9bun �...__ common ,..._._ lisp' a area $*iiii.'• ..`.--'',.,..,''..----.....:-.-.,--'-'-',-.:','';'" I > � xporci ' ----------..._1 -1 9x3.•' L,a n 0 2 + 6 CAMP TEKO .—� CONCEPT FLOOR PLANS i c RTETTER ROLL INC 645 tonkawa Road,Long Lake,MN 55356 I PROGRAM CABIN IN THE WOODS '1T71, A� 401 g,� O O : # , . O aha s screened t !ms's ,'ter 3, • porch exza t s i'' =r( ,,,,, , .... coMMon porch ,._____ _,,, ..... , e,-0- i, _ _ ,,__,-,— ,,,.-,----1 n \ - a _ ,, hsk.�� ''� ,°x24 _r bat 74 gam' , �` « l \ axso _ _ O OIC jI0 a 0 2 , D CAMP TEKO CONCEPT FLOOR PLANS BRANosTETrER CARROLL INC 645 Tonk°-°Road,Long lake MN 55356 ... PROGRAM CABIN VILLAGE r .. � ‘1111,.,„,,,.11141W-,:-.7:-:::, �fy _, ,,,,,,,. -...,:„.„,„ , 2. ®®.® ��3®� i1m■®�®q, . ., ■21®111® i< l n ov z., j nom, 9r .Y' 41t r . I-, - ''ilitifi#I- CAMP TEKO CONCEPT RENDERING ' • BRANDSTETTER 64510,,cawa aoaa,X004 sake.mN ss3 6 CARROI MAINTENANCE / err° 4 *t " ' Imo' �- :moi wows Iiiill upper level *0'-0° / �. v k i¢. § ! R:.` .c4. LC 4 1 1 CAMP TEKO main level r-.\ CONCEPT FLOOR PLANS ' CARROLLIINER C 645 ionkawa Road.long lake.MN 55356 0 2 4 b .. LEADER LODGE iA II JUhtor ,_ `lei r si:4 : efwation L.- 1.,.., 4,.. i,„„ .. „„„„ ... , , . . I t stir, 0 .., I _-- - lig 1 t-, -.- floor plan -.0--t front eIvation 0 2 4 b 0 2 4 6 CAMP TEKO CONCEPT FLOOR PLANS 1 140 BRANDSTETTER CARROLL INC 645 ionkawa Raad.Long Lake.MN 55356 W. WELCOME CENTER 60' 1.- e $ •-.11 I LA 41. ......,........ ................. 4041010... ... ... __ ' . • Sil,tse ' . Z 4C ., .1 D iii , 11 111 i[ ]. .....„...... ,lo,ndl paYill4h GO?C'et° 'Ill III 111 ,,A) , p r 1 ri B lif •0 ,, .. , 31 Earl t 04 4111 -7_,,_...:_.-..-.74-11-11, III 2?- sidie eit\Ation - _ . ,- ,.,..,,---i-...,-,, mi Ill _ III H , . ] 1; A‘.;.':,_ ' III III III 11 11 IIII 1.1.....11111111 it * sr It tt L, ji1 li ...m i ourfl, 0 f1rpl , ÷ e, frort ekVatioh 00 r\ JLI----1 CAMP TEKO ----.N. i 0,<,,„: CONCEPT FLOOR PLANS % BRANDSTETTERMar,CARROLL INC 045 IOnkCooO Rood.Long[00€,MOO ARROW CABIN 3%------------ _---- N. Y n i yn ,-,,,,A,44.-:.1 dpi ' ; `. existin1---t ..,...s„c„,,,,,,..,,,,..„ ,„„„ buocithlg s ` t ttt,i;,. ...,,, 71, ,;_k.:t .,:;..?,,,,,,;:s.; 3 x 4 J '-- a� , '-- or ch #� :r;i ,,-i : accifion '� � , fa: CAMP TEKO02. �� CONCEPT FLOOR PLANS 8 "e CARROLLINC 645 Tonkawa Road,Long Lake,MN 55356 CHANGING ROOMS 35'--0" r st l boys - f '1� girls c anging ch411 -1 } /F ....a 0 2 + 8 iiTh CAMP TEKO BRANDSTETTER CONCEPT FLOOR PLANS CARROLL INC 645 Tonkawa Road,Long Lake,MN 55356 PAVILION J • r arch. 7. • i +L CAMP T E KO BRANDSTETTER CONCEPT FLOOR PLANS CARROLL INC 645 Tonkawa Road,Long Lake,MN 55356 �/ TOILETS 5'0"r ir-O" f / it, si cv 1:„-w-.11 '� - ,r i 1 � � y. I Zp /L55,-v,.--v, 0 2 + 8 CAMP TEKO ^\ CONCEPT FLOOR PLANS Pte-rr caRFp„,TTE 645 Tonkuwa Road,Long Lake,MN 55356 LA19-000039 Camp TEKO Hardcover Analysis Exhibit I EXISTING HARDCOVER PC TIER I - outside of setback TOTAL PROPERTY AREA 801,054 s.'. PROPERTY AREA outside of setback 701,844 s.f. HARDCOVER length x width = s.f. Structure Chadar (Dining Hall) & First Aid Building 6,500 s.f. Storage Shed 120 s.f. Shed 14 x 7 = 92 s.f. Showers 1,300 s.f. Ulam Building 1,500 s.f. Avoda Shed 12 x 10 = 120 s.f. Maintenance /Garage 32 x 28 = 900 s.f. Art & Nature Center 40 x 23.8 = 952 s.f. Picnic Pavilion 68 x 46 = 3,200 s.f. Gazebo 210 s.f. Arrow Cabin 30 x 26 = 1,200 s.f. First Aid Cabin 300 s.f. Cabin 1 (condemned) 19 x 15 = 278 s.f. Cabin 2 19 x 15 = 278 s.f. Cabin 3 19 x 15 = 278 s.f. portion of Cabin 4 (condemned) 19 x 15 = 208 s.f. Friedel) Building (condemned) 16 x 16 = 262 s.f. Bowl storage shed 8 x 8 = 64 s.f. Girls Covered Changing Tent 24 x 20 = 480 s.f. Boys Covered Changing Tent 24 x 20 = 480 s.f. Patio/Deck Chadar (Dining Hall) & First Aid Building 2,239 s.f. Ulam Building 545 Circulation Main Entry/ Parking 13,300 s.f. Chadar (Dining Hall) Parking 7,700 s.f. Paved Paths 5,000 s.f. , Compacted Pervious Paths 12,500 s.f. Bridges (3) 324 s.f. Chadar (Dining Hall) Stair 360 s.f. Site Stairs 250 s.f. Landscape Underlain by Plastic Playground (2) 2,000 s.f. Other Chapel Seating 200 s.f. Sport Court 103 x 60 = 6,200 s.f. Total Hardcover 69,340 s.f. Percent Property Hardcover 10% TIER 1 - Percent Allowable Hardcover 25% *RED = items to be removed; included in existing totals Brandstetter Carroll, Inc. 6/13/2019 Camp TEKO Hardcover Analysis EXISTING HARDCOVER TIER 1 - within 75-ft setback TOTAL PROPERTY AREA 801,054 s.f. PROPERTY AREA within setback 99,210 s.f. HARDCOVER length x width = s.f. Structure portion of Cabin 4 (condemned) 70 s.f. Tool Shed 6 x 8 = 48 s.f. Boathouse 155 s.f. Swimming Beach shed 6 x 6 = 40 s.f. Patio/Deck Chapel Stage 118 s.f. Circulation Compacted Pervious Paths 2,400 s.f. Bridge 100 s.f. Other Boating Beach docks N/A Boating Beach decks 213 s.f. Swimming Beach docks N/A Swimming Beach stone walls 334 s.f. Total Hardcover 3,378 s.f. Percent Property Hardcover 3% TIER 1 - Percent Allowable Hardcover 25% *RED = items to be removed; included in existing totals Brandstetter Carroll, Inc. 6/13/2019 Camp TEKO Hardcover Analysis EXISTING HARDCOVER TOTALS TIER 1 TOTAL PROPERTY AREA 801,054 s.f. Total Hardcover within 75 ft setback 3,378 s.f. Total Hardcover outside of 75 ft setback 69,340 s.f. Total Hardcover 72,718 s.f. Percent Property Hardcover 9% TIER 1 - Percent Allowable Hardcover 25% Brandstetter Carroll, Inc. 6/13/2019 Camp TEKO Hardcover Analysis PROPOSED HARDCOVER TIER I - outside of 75-ft setback TOTAL PROPERTY AREA 801,054 s.f. PROPERTY AREA outside of setback 701,844 s.f. HARDCOVER length x width = s.f. Structure Program Cabin Village on the Hill 96 x 50 = 3,660 s.f. Program Cabin Village in the Woods 76 x 20 = 5,000 s.f. Leader Lodge/Guest Housing 30 x 28 = 840 s.f. Program Center 100 x 88 = 9,440 s.f. Welcome Center Pavilion 60 x 52 = 3,550 s.f. Pavilion 24 x 24 = 600 s.f. Changing Rooms 35 x 18 = 560 s.f. Maintenace 40 x 23 = 920 s.f. Toilets 16 x 20 = 320 s.f. Chadar (Dining Hall) & First Aid Building 6,500 s.f. Shed 14 x 7 = 92 s.f. Showers 1,300 s.f. Ulam Building 1,500 s.f. Picnic Pavilion 68 x 46 = 3,200 s.f. Arrow Cabin (includes porch addition) 2,000 s.f. Bowl storage shed 8 x 8 = 64 s.f. Shelter 1 (former Changing Tent) 24 x 20 = 480 s.f. Shelter 2 (former Changing Tent) 24 x 20 = 480 s.f. Patio/Deck Program Platforms 1,850 s.f. Chapel Seating 520 s.f. Chadar (Dining Hall) & First Aid Building 2,239 s.f. Ulam Building 545 s.f. Circulation Entry/ Parking 23,500 s.f. Staff Parking 3,800 s.f. Chadar (Dining Hall) Parking 7,700 s.f. Paved Paths 10,600 s.f. Compacted Pervious Paths 9,700 s.f. Bark Chips (no compact/liner) 8,200 s.f. Existing Paved Paths 5,000 s.f. Existing Compacted Pervious Paths 12,500 s.f. Bridges 600 s.f. Stairs/Terrace to Ulam 500 s.f. Existing Site Stairs 250 s.f. Total Hardcover (from area sum) 119,810 s.f. Percent Property Hardcover 17% TIER 1 - Percent Allowable Hardcover 25% *BLUE = new/modified items; included in totals Brandstetter Carroll, Inc. 6/13/2019 Camp TEKO Hardcover Analysis PROPOSED HARDCOVER PER 1 - within 75-ft setback TOTAL PROPERTY AREA 801,054 s.f. PROPERTY AREA within setback 99,210 s.f. HARDCOVER length x width = s.f. Structure Swimming Beach Storage 140 s.f. Existing Tool Shed 6 x 8 = 48 s.f. Patio/Deck Existing Chapel Stage 118 s.f. Circulation Existing Compacted Pervious Paths 2,400 s.f. Trails Other Boating Beach docks N/A Existing Beach Stairs to Changing 260 s.f. Swimming Beach docks N/A Ex.Swimming Beach stone walls (retaining) 334 s.f. Total Hardcover (from area sum) 3,300 s.f. Percent Property Hardcover 3% TIER 1 - Percent Allowable Hardcover 25% *BLUE = new/modified items; included in totals Brandstetter Carroll, Inc. 6/13/2019 Camp TEKO Hardcover Analysis PROPOSED HARDCOVER TOTALS TIER 1 TOTAL PROPERTY AREA 801,054 s.f. Total Hardcover within 75 ft setback 3,300 s.f. Total Hardcover outside of 75 ft setback 119,810 s.f. Total Hardcover 123,110 s.f. Percent Property Hardcover 15% TIER 1 - Percent Allowable Hardcover 25% Brandstetter Carroll, Inc. 6/13/2019 -, — � REMOVAL NOTE LA19 000039 1Site Exhibit J �vw C �� „r '�y .-ays.0 allorF sMvsern.a ,. � o w b ` ' //i' uwxwwcanwx.a 'f ? .---- r } Fr < Vi1- nEk. w..m « rt „ ,,�/� / j � ! �":r21 ,"„y � « �«a.o, „..... , - ' -: '-: 7:."'-' N sgm am0// !f e ” ,svssexrn f a £ of v_-,-:::„:::e-i, l „.,, _t >rf r'> E V r.v1„~�',J CIS OF ORONO REM,e.aAuwOTES J.. M y `(' GEr1.� , �\ '' . y ensNo aE 6c..r OEr.rO„„w P Tri;,.. 258e” N'J;�o,�, , N 23528 W - X51 a)_ _-SU,£ DNE REMOVALS LEGEND'.v, . v, ..unu �- moi} • ;\ A. T 93pD, ' i- 1��I���^� I ' .�-. i �f_�� SSB \�. z,.w,. `` _ PHASEI- 81�11'. 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PI 7"'"'""'"`""'''''""""' 0 CURB INLET FILTER ®SEDIMENT BIO-ROLL/COMPOST FILTER LOG N T S N T S "grZ OPITIVITI2 'RP•RN ..NR ,..,.„.s. ouNN•E NEN..No L'LWET-'111ajltF4Elltat buwggdahw PROFILE L f_---- 0 SEDIMENT FENCE i N T S ..,...,,,........, 0 STABILIZED CONSTRUCTION ACCESS N T S 'iSFINTI7FRFOT:5,2:12M 'riRE:"•:,-,:=1:CN - I ,2 DETAILS cA RF 0 EROSION BLANKET N T S C3.2 1 Letter View LA19-000039 Exhibit K CITY OF O.RUN U Street Address: Mailing Address: Telephone(952)249-4600 '�� G� 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 !� Orono, MN 55356 ( Crystal Bay, MN 55323 www.ci.orono.mn.us ' tsHO' June 14, 2019 TEMPLE ISRAEL OF MINNEAPOLIS 2324 EMERSON AVE S MPLS, MN 55405 Re: #LA19-000039 Conditional Use Permit and Variance for MasterPlan On 05/22/2019 the City received a Land Use Application application for Katie Switzer. Staff conducted a preliminary review based on the information provided and recommends the following items be addressed before a building permit or any construction can begin on the site: Reviewer:Adam Edwards 1. Additional sewer connection and intensification of the property with respect to sanitary sewer needs will likely require a SAC determination from the Metropolitan Council Environmental Services(MCES).A separate utility permit from the city will be required for a new service line connection. 2. Applicant should provide infiltration basin design and calculations. 3. The applicant should prepare slope stabilization plan,prepared by a licenced engineer,for the grading in the bluff and other steep areas. 4. SWPPP-NPDES-The applicant will be required to obtain a General Construction Permit(NPDES)to discharge stormwater associated with construction activity since more than 1 acre.The permit should be on file prior to issuance of the building permit. Please feel free to contact me at 952-249-4602 or by email at loakden@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO ofiAAMIV 0#.464244,-.1 Laura Oakden City Planner cc via email:TEMPLE ISRAEL OF MINNEAPOLIS ti4 file:///or-mail/...ning%20Applications/2019%20%23LA18-000091%20thru/LA 19-000039%20(645%20Tonkawa%20Rd)%2OCUP/Enginner%20Memo.htm[6/14/2019 8:35:45 AM] LA19-000039 Exhibit L PC From: Roger Peitso To: Laura Oakden Subject: Camp Teko improvements Date: Monday,June 3,2019 4:24:23 PM Attachments: Chapter 1306 Subo.2.odf Laura, These comments are items that the designers for this project need to be aware of and some are requirements that will need to be met for approval of this project 1. The City of Orono has adopted the optional Chapter 1306 subp. 2 of the 2015 Minnesota Building Code. a. In essence new buildings more than 2,000 square feet or floor area will need to have fire sprinklers installed throughout. b. Additions to existing building that have an aggregate floor area of more than 2,000 square feet for new and existing will be required to have fire suppression installed in both new and existing. c. Any building more than 2,000 of floor area that has a change of use would need to have fire suppression installed. 2. Because there is no City water available at Camp Teko wells and water storage tanks would be necessary for the fire suppression systems. 3. All ADA requirements will need to be met for all new buildings and expansion of available parking. 4. All remodeling of existing structures may need to spend up to 20%of the remodeling costs to bring the existing structure to become more ADA compliant to today's standards. Items 1. and 2. would need to be addressed before the City could grant approval for any proposed alterations. See the attached document for the requirements of Chapter 1306 of the 2015 Minnesota Building Code. Thanks, City of Orono Roger Peitso Building Official Phone: 952-249-4600 Direct: 952-249-4625 Email: rpeitso@ci.orono.mn.us Fax: 952-249-4616 e 6, l'ikFBHQ$r CHAPTER 1306 DEPARTMENT OF LABOR AND INDUSTRY SPECIAL FIRE PROTECTION SYSTEMS 1306.0010 GENERAL. 1306.0020 MUNICIPAL OPTION. 1306.0030 REQUIREMENTS. 1306.0040 STANDARD. 1306.0050 SUBSTITUTE CONSTRUCTION. 1306.0060 EXEMPTION. 1306.0070 REPORTING. 1306.0010 GENERAL. This chapter authorizes optional provisions for the installation of on-premises fire suppression systems that may be adopted by a municipality in addition to the State Building Code. If the municipality adopts them, the sprinkler system requirements of this chapter become part of the State Building Code and are applicable throughout the municipality. This chapter, if adopted, must be adopted without amendment. Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13 History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: July 11, 2007 1306.0020 MUNICIPAL OPTION. Subpart 1. Requirement. The sprinkler system requirements of this chapter, if adopted, must be adopted with the selection of either subpart 2 or 3, without amendment. Subp. 2. Existing and new buildings. Automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed, must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030,items A to D. Subp. 3. New buildings. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupancy classification has changed must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030, items A to D. Copyright©2007 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1306.0050 SPECIAL FIRE PROTECTION SYSTEMS 2 Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13 History: 27 SR 1479; 32 SR 6; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: July 11, 2007 1306.0030 REQUIREMENTS. For purposes of this chapter, area separation, fire barriers, or fire walls do not establish separate buildings. Gross square footage (gsf) means the floor area as defined in the International Building Code. The floor area requirements established in items A to D are based on the gross square footage of the entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this chapter, unless specified otherwise: A. Group A-1, A-2, A-3, and A-4 occupancies; Exception: air inflated structures, and open picnic shelters. B. Group B,F,M,and S occupancies with 2,000 or more gross square feet of floor area or with three or more stories in height; Exception: S-2 open parking garages, aircraft hangars, salt storage sheds, and group "M" detached canopies. C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or more stories in height; D. Group E day care occupancies with an occupant load of 30 or more. Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13 History: 27 SR 1479; 32 SR 6; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: July 11, 2007 1306.0040 STANDARD. Automatic sprinkler systems must comply with the applicable standard referenced in the State Building Code. If a public water supply is not available,the building official and fire chief shall approve the use of an alternate on-site source of water if the alternate source provides protection that is comparable to that provided by a public water supply. If an adequate alternate water supply sufficient for hose stream requirements is provided or available, the building official and fire chief may permit the water supply requirements for the hose stream demands to be modified. Statutory Authority: MSs 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13 History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: July 11, 2007 1306.0050 SUBSTITUTE CONSTRUCTION. The installation of an automatic sprinkler system, as required by this chapter, would still allow the substitution of one-hour fire-resistive construction as permitted by the International Building Code, Table 601, footnote d. Copyright©2007 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 SPECIAL FIRE PROTECTION SYSTEMS Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13 History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: July 11, 2007 1306.0060 EXEMPTION. The building official, with the concurrence of the fire official, may waive the requirements of this chapter if the application of water has been demonstrated to constitute a serious life,fire, or environmental hazard, or if the building does not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13 History: 27 SR 1479; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: July 11, 2007 1306.0070 REPORTING. A municipality must submit a copy of the ordinance adopting this chapter to the Department of Labor and Industry, Construction Codes and Licensing Division. The ordinance does not go into effect until: A. a signed electronic,faxed,or paper copy of the ordinance has been received by the division; and B. the ordinance has been approved by the division. An ordinance is deemed automatically approved by the division if the municipality has not been informed that the ordinance has not been approved within ten working days of the division's receipt of the ordinance. Statutory Authority: MS s 16B.59; 16B.61; 16B.64; 326B.101; 326B.106; 326B.13 History: 27 SR 1479; 32 SR 6; L 2007 c 140 art 4 s 61; art 13 s 4 Published Electronically: July 11, 2007 1306.0100 [Repealed, 27 SR 1479] Published Electronically: July 11, 2007 Copyright©2007 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. LA19-0Exhib00039tMi Hennepin Hennepin County Locate & Notify Map Pc Date: 5/22/2019 9 A rIvArT!..1,-A- -J11-..,,r17414gfii:d.„,,.Pt..-.;;m;,. . ' ---1.t.: *-Kf,::.kel-.,-*: 4-1,-f.-541,,e,-14-5p.te: VI1151-,...::Att;4414,24:-.:SS;-g --1 may,7- . Y- � `�'y-4"� 1st . 11T k T } `Se ',-i .��� p.. 44 _liiiiiiiii .1 , _ f .,:_,...,,.. 07.7„.„;,,L,.,-Pitv731,,,-.,::. ',7--i.-0,..,-.,!,-,-.- I - . : .. ,,_ ., '';'(;;; ;-:"..Mlii;ii.:_,--;14.-:.--aii;1' :747; 5< § 0 i 0-41 i4t kilt# - a - tet.¢. rte ... --.., `,,,,,,0007.'4:-.-::::i-i- r .-c' ; .E X .., 'tt _ 1��S �..-h 1-<.' �' €r. S_ , . 3 qua" ts,:tiil ' '-;"'-- -8\4001°P... ''''' ';'''°-:.-Ve.:0i:F*Z:ti;_ii.VAU;'-'44;61i.:;i:`AiiV*;574t4:40t.lik*ViLit74.,. g ;,;;;.---41-:;;*,,,-;-..-----:-.- • -ter } s7¢. 4 n 4 I I I I 0 I I I I*k �y.ii a ;. ▪`} spa ,...,...,„f.,,,:„. t t��.. x',1wr x- ro. I t" ,�, ,E+ 4 t s :tom .i 1 y 'fes a S ` ` g: ,�'x� i . ,;:- ,-.44Fria,,1,--j. -.,4:,:4-;;, - ,.,,,...,-.1,,,,,-;..v.i.",.... viicztirwe:;.31,,;A.u.;... .,asp',_ r - r ,h ,.-1,,,,---4,-,e n� ..""tea _.. 4 ... -, F,. ;,iU."ya :; Buffer Size: 500 0 100 200 400 Feet Map Comments: I i i l I l l j I 645 Tonkawa Road This data (i) is furnshed 'AS IS' with no representation as to completeness or accuracy; (i)is furnshedwithnowarranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liablefor any damage,injury or loss resulting from this data. For more information,contact Hennepin CountyGlS Office 300 6th Street South,Minneapolis,M N 55487/g s.i nfo@hennepi n.us RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 32 0004 38 05-117-23 33 0013 38 05-117-23 34 0004 CARLSON HOLDINGS INC BARBARA PUGH BRUCE R LEA&COLLEEN LEA 550 TONKAWA RD 692 TONKAWA RD 740 TONKAWA RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TONKAWA INC BARBARA PUGH-MCCREIGHT BRUCE R&COLLEEN LEA TWO CARLSON PKWY #110 692 TONKAWA RD 740 TONKAWA RD PLYMOUTH MN 55447 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 32 0005 38 05-117-23 33 0014 38 05-117-23 34 0005 TONKAWA INC TED H SPOONER TRUSTEE E A&M T CALDWELL TRUSTEES 520 TONKAWA RD 700 TONKAWA RD 746 TONKAWA RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TONKAWA INC TED H SPOONER EDWARD A&MARY T CALDWELL TWO CARLSON PKWY #110 P 0 BOX 81 746 TONKAWA RD PLYMOUTH MN 55447 CRYSTAL BAY MN 55323-9998 LONG LAKE MN 55356 38 05-117-23 32 0006 38 05-117-23 33 0015 38 05-117-23 34 0006 CARLSON HOLDINGS INC THOMAS P GOODYEAR KAREN E WEATHERS 38 ADDRESS UNASSIGNED 712 TONKAWA RD 750 TONKAWA RD ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 TONKAWA INC THOMAS P GOODYEAR KAREN E WEATHERS TWO CARLSON PARKWAY#110 712 TONKAWA RD 750 TONKAWA RD PLYMOUTH MN 55447 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0003 38 05-117-2333 0016 38 05-117-23 34 0007 SARAH L BUXTON/JULIE A BROWN M G LADD&C A STAINBROOK NANCY A BORDSON REV TRUST 755 TONKAWA RD 660 TONKAWA RD 760 TONKAWA RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 SARAH L BUXTON MICHAEL G LADD BRENT BORDSON JULIE A BROWN CAROL A STAINBROOK NANCY BORDSON 755 TONKAWA RD 660 TONKAWA RD 760 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0005 38 05-117-23 33 0017 38 05-117-23 34 0008 J M ADAIR&M ADAIR MICHAEL A CLEMENTS DAVID G LATZKE 650 TONKAWA RD 640 TONKAWA RD 770 TONKAWA RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JEANNINE M&MICHAEL ADAIR MICHAEL A CLEMENTS DAVID G LATZKE 650 TONKAWA RD 640 TONKAWA RD 770 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0008 38 05-117-23 33 0018 38 05-117-23 34 0009 DAREL J LEIPOLD M A&S M CLEMENTS ERIK G SWENSON 678 TONKAWA RD 630 TONKAWA RD 774 TONKAWA RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 DAREL J LEIPOLD MICHAEL A CLEMENTS ERIK G SWENSON 678 TONKAWA RD 640 TONKAWA RD 774 TONKAWA RD LONG LAKE MN 55356 ORONO MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0009 38 05-117-23 33 0019 38 05-117-23 34 0010 M R MADER&A M MADER TEMPLE ISRAEL OF MINNEAPOLIS KEITH MENZEL 670 TONKAWA RD 645 TONKAWA RD 780 TONKAWA RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MARK R&AMANDA M MADER TEMPLE ISRAEL OF MINNEAPOLIS KEITH MENZEL 670 TONKAWA RD 2324 EMERSON AVE S 780 TONKAWA RD LONG LAKE MN 55356 MPLS MN 55405 LONG LAKE MN 55356 38 05-117-23 33 0010 38 05-117-23 34 0001 38 06-117-23 41 0072 TIMOTHY JOHN REINERS STANLEY S SANDIFORD G M ROSCOE&K M ROSCOE 680 TONKAWA RD 722 TONKAWA RD 4030 ELM ST ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TIMOTHY JOHN REINERS STANLEY S SANDIFORD GEORGE M ROSCOE 680 TONKAWA RD 722 TONKAWA RD 4030 ELM ST LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 33 0011 38 05-117-23 34 0002 38 06-117-23 41 0080 WELDON W GILBERTSON ETAL P J MIDDLETON ET AL JESSICA R NEWMAN 684 TONKAWA RD 720 TONKAWA RD 615 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 WELDON W GILBERTSON P J&K J MIDDLETON JESSICA R NEWMAN MARCIA GILBERTSON 720 TONKAWA RD 615 MINNETONKA HGLD LA 684 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 • 38 05-117-23 33 0012 38 05-117-23 34 0003 38 06-117-23 410084 BRADLEY JOINT REV TRUST AGR S V ZAWOYSKI&S E ZAWOYSKI ROBERT ALAN DURLAND 690 TONKAWA RD 724 TONKAWA RD 594 PARK LA ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MICHAEL S BRADLEY STEVE&SARA ZAWOYSKI ROBERT ALAN DURLAND OLIVIA M BRADLEY 724 TONKAWA RD 594 PARK LA 16277 W WINDCREST DRIVE LONG LAKE MN 55356 ORONO MN 55356 SURPRISE AZ 85374 RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 06-117-23 41 0091 38 06-117-23 44 0008 NATHAN VANCAMP ETAL R E TUNHEIM&K A TUNHEIM 601 MINNETONKA HGLD LA 679 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 NATHAN VANCAMP ROBERT E TUNHEIM WENDY S VANCAMP KATHERINE A TUNHEIM 601 MINNETONKA HGLD LA 679 MINNETONKA HIGHLANDS LA LONG LAKE MN 55356 ORONO MN 55356 38 06-117-23 41 0096 38 06-117-23 44 0009 B E PETERSON&M J PETERSON D P GIELOW&P M GIELOW 4075 OAK ST 699 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 BRIAN E&MARNIE J PETERSON DOUGLAS P GIELOW 4075 OAK ST PEGGY M GIELOW LONG LAKE MN 55356 699 MINNETONKA HIGHLANDS LA ORONO MN 55356 38 06-117-23 410098 38 06-117-23 44 0010 A O&V A HOLM GLEN T NEDDERMEYER ETAL 525 TONKAWA RD 709 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 ARNE 0&VIRGINIA A HOLM GLEN T NEDDERMEYER 525 TONKAWA RD 709 MINNETONKA HGLD LA LONG LAKE MN 55356 LONG LAKE MN 55356 38 06-117-23 41 0104 38 06-117-23 44 0011 ZACHARY C STALOCH GLEN T NEDDERMEYER ET AL 4081 OAK ST 719 MINNETONKA HGLD LA ORONO MN 55356 ORONO MN 55356 ZACHARY C STALOCH GLEN T NEDDERMEYER 4081 OAK ST CHRISTINE M NEDDERMEYER LONG LAKE MN 55356 709 MINNETONKA HGLD LN LONG LAKE MN 55356 38 06-117-23 410106 38 08-117-23 210001 MATTHEW FRITZ/KRISTINE FRITZ THE LANDSBERG FAMILY TRUST 4055 ELM ST 801 TONKAWA RD ORONO MN 55356 ORONO MN 55356 MATTHEW D FRITZ THE LANDSBERG FAMILY TRUST KRISTINE FRITZ 801 TONKAWA RD 4055 ELM ST LONG LAKE MN 55356 ORONO MN 55356 38 06-117-23 44 0003 EXCELSIOR PROPERTY LLC 650 MINNETONKA HGLD LA ORONO MN 55356 MARK JUNDT&JENNIFER JUNDT 650 MINNETONKA HGLD LA ORONO MN 55356 38 06-117-23 44 0004 PAUL SOBERG&KARI SOBERG 680 MINNETONKA HGLD LA ORONO MN 55356 PAUL SOBERG&KARI SOBERG 680 MINNETONKA HGLD LA LONG LAKE MN 55356 38 06-117-23 44 0005 B J WILLIAMS&D WILLIAMS 649 MINNETONKA HGLD LA ORONO MN 55356 BRIAN J&DEIDRA WILLIAMS 649 MINNETONKA HGLD LA LONG LAKE MN 55356 38 06-117-23 44 0006 RH&KLSPEETER 659 MINNETONKA HGLD LA ORONO MN 55356 RICHARD H SPEETER 659 MINNETONKA HGLD LA LONG LAKE MN 55356 38 06-117-23 44 0007 M SHIELDS&M SHIELDS 669 MINNETONKA HGLD LA ORONO MN 55356 MICHAEL SHIELDS MELISSA SHIELDS 669 MINNETONKA HGLD LA LONG LAKE MN 55356 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. Date Application Received: 05/22/19 O Date Application Considered as Complete:06/11/19 \- No 60-Day Review Period Expires: 08/10/19 To: Chair Ressler and Planning Commission Members Ft �` Dustin Rief, City Administrator SHO From: Melanie Curtis, Planner mcc Date: 17 June 2019 Subject: #LA19-000040, L. Cramer Builders+ Remodelers o/b/o Pelican March Trust, 3280 Fox St Public Hearing: IUP—Export 500+cubic yards of material Application Summary: The applicant is requesting an interim use permit to export approximately 4,000 cubic yards of material in preparation for construction of a new residence. Staff Recommendation: Planning Department Staff recommends approval with conditions. Background A new home is being designed for permit at 3280 Fox Street.The project will involve the export of approximately 4,000 cubic yards of material from the site to accommodate the proposed home foundation and subgrade sport court areas; an interim use permit (IUP) is required. Section 78-330-Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 215,791 s.f.± (4.9 acre) ±209' Applicable Regulations: Interim Use Permit (Code Section 78-1726(a)(6)) The construction of the new home will result in 4,000 cubic yards of unneeded material. The applicant proposes to export this from the site out of the city.The proposed home will not be out of character with the neighborhood. Applicable Regulation: Interim Use Permit(Section 78-1726) The Planning Commission may recommend and the Council may grant an Interim Use Permit (IUP). On the basis of the application and the evidence submitted,the city council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. 2) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1A zoning district;this statement is true. FILE#LA19-000040 17 June 2019 Page 2 of 3 3) The use will not delay anticipated development or redevelopment of the site;the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property.This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property,the surrounding neighborhood, or other uses on the property where the use will be located;this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed material removals will not change the intended residential use of the Property so there should be no change in the use,the grades,or enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 4,000 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust,vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public;the builder and owner will be responsible for keeping debris off of the roadways.The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7) The date or event that will terminate the use can be identified with certainty;the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property.An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions.The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds.The conditions of approval will be documented as required. Interim Use Permit Analysis Staff finds the proposed plan conforms to the standards of IUP review. The material removal activity will be tied to the building permit for the new residence; or a separate, administrative land alteration permit will be required. Engineer Comments The applicant is not proposing to change the grade, rather remove excess material from the site. The City Engineer will review the grading plan at the time of the building permit. FILE#LA19-000040 17 June 2019 Page 3 of 3 Public Comments Public comments have been received and are attached as Exhibit E. Issues for Consideration 1. Does the Planning Commission find that the IUP, if granted,will not alter the essential character of the neighborhood? 2. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested IUP? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval with the IUP in accordance with the City Engineer's requirements associated with the overall building permit. Staff recommends the applicant should provide photo documentation of the condition of the City's roads on the route prior to hauling; repair to any damaged roadway will be the responsibility of the contractor. List of Exhibits Exhibit A. Application Summary Exhibit B. Existing& Proposed Survey Exhibit C. Site Plan Exhibit D. Haul Route Exhibit E. Neighbor Comments Exhibit F. Property Owners List Exhibit G. Plat Map References • 2040 Community Management Plan Land Use Application Summary Application Date: 05/22/2019 Address: 3280 FOX ST LONG LAKE, MN 55356 Parcel Number: 0511723440011 Land Use Number: LA19-000040 Application Submitted By: Agent on behalf of property owner Owner: Name: KEVIN MCCABE Address: PO BOX 61020 DENVER, CO 80206 Applicant: Name: Chris Adams Company: L. Cramer Builders+Remodelers Address: chris@lcramer.com Contact Information: Associated Contact: Greg Jurvakainen greg@lcramer.com Associated Contact: andrea@swanarchitecture.com Associated Contact: Melly McCurtis melanie.c.curtis@gmail.com Associated Contact: Project Description: IUP Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: • - - FOX CERTIFICATE OF SURVEY FOR X'STREET":-' L. CRAMER BUILDERS OF LOT 1, BLOCK 1,MAXWELL BAY ESTATES HENNEPIN COUNTY,MINNESOTA 0o q",. o Yd s ' Lryo w *3 Poi 08ogv0o9jgT 10) IWO(' /\ ' - 3 Ik! LOT 1 #3280 FOX STREET �I- -,y LAKE a` T. E�� MINNETONKAPREMISES MAXWELL BAY "X PROJECT yGRONBERG& ASSOCIATES,INC. 1-4-1, CIVIL MM..LA.SURMORS PLAN.. ,C.w / GP" �� ` rn r to s. MtiEe a i - ...-- ?s> i > Lu:; tc'aSjy `1 t 4,_ . 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't9 '- III• .�p0 ®��_���.. > i _• 5 ,w� �� ' y \ Al -f.w on O ° °t,° fig® �° F * yh FY V£ u ., .Y p I# c -, , . •,'e' ,`.4iiiii......... u ,, -.I�i �- .. :,. „ � S ak '4';',!, "",, - " .., v-� ♦r//1�iris ►c s• /< _ ,..e r :. r,. • +b: A 1 i�II�II.1r 1 e 1 y- .5 . . v .f" Ketawq Wall(3'ht) :a y —'x s r 28 3 ad ! Flagstc�Walkway In Lawn } — �—-- — 2 Lm el t liy l are4 a tree . 7 2 1 r Steps ! s., Sta e Edq 6 3 " ---"'"°°: q0L U E - PIL/ PI 77' F/L P BOLLIG & SONS INC. 11401 COUNTY ROAD 3 HOPKINS MN 55343 952-938-4133 FAX 952-938-9615 bolligandsons@,msn.com June 11, 2019 To: L Cramer Design+Builders Attn: Greg Jurvakainen, Chris Email: greg@lcramer.com, chris@lcramer.com JOB SITE: 3280 Fox Street Orono Job Description: See below proposed haul route- To whom it concerns- Load and haul 4000 yards of fill off site, to Bollig and Sons shop- Starting at 3280 Fox Street to Old Crystal Bay Road to Hwy 12 to 394 to 494 to Hwy 7 to Shady Oak Road, Approximately 4000 yards. Thank you for the opportunity to work with you on this project. We do appreciate your business. Respectfully, Jim Beuch 10 19 07:22a William L.Trubeck 9702471701 p.1 RECEIVED WILLIAM L. TRUBECK JUN 3 u C1TY 0p` ORONO June 8,2019 To: Orono Planning Commission 2750 Kelley Parkway, PO Box 66 Crystal Bay, MN 55323-0066 I have today received your notice of a land use application filed by L. Cramer Builders & Remodelers, #LA19-000040,requesting removal of over 500 cubic yards of material in conjunction with the construction of a new single family home at 3280 Fox Street. I am the owner of the property located at 3300 Fox Street and wish to bring the following points to the attention of the Commission as you consider this application. 1. The building as proposed would be subject to the restrictions contained in the Home Owners Association Agreement, which places certain restrictions on development without the consent of the homeowners party to this agreement. 2. Recent construction in this Fox Street (Gobbins Farm) development has resulted in damage to the roadway.Accordingly, any proposed construction should be contingent upon an agreement to repair any damage caused by heavy equipment, trucks, etc.,using this private roadway. 3. Builder should agree to meet with affected homeowners to gain their agreement as to specific plans for this property prior to the Commission acting on this request. I will not be able to attend the scheduled meeting due to the short notice 1 have received. However,I would appreciate it if this communication can be shared with the Commission and read into the record of your scheduled meeting. Should you wish to contact me regarding this matter, I can be reached at the numbers listed below. Re pectfully, 7Y/4;.,/v7/)f-1 William L.Trubec 952 913 8114 970 247 1701 RUN DATE:05/22/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 04-117-23 33 0010 38 05-117-23 44 0008 DAVAD A MAASS TRUST NANCY R BIGOS 3175 FOX ST 3350 FOX ST ORONO MN 55356 ORONO MN 55356 DAVID&ANN MAASS NANCY R BIGOS P O BOX 392 3350 FOX ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 41 0020 38 05-117-23 44 0009 TRUE VICTORY CHRISTIAN FLWSP HUANG/WANG LIVING TRUST 525 LEAF ST 3320 FOX ST ORONO MN 55356 ORONO MN 55356 TRUE VICTORY CHRISTIAN FLWSP HUANG/WANG LIVING TRUST 525 LEAF ST 3320 FOX ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 41 0024 38 05-117-23 44 0010 CORNELIA D KLITZKE TRUST M H M SMITS/V E PEREZ ET AL 555 OXFORD RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 00000 CORNELIA D KLITZKE NANCY R BIGOS 555 OXFORD RD 3350 FOX ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 41 0026 38 05-117-23 44 0011 WALTER R MCCARTHY JR PELICAN MARCH TRUST 550 OXFORD RD 3280 FOX ST ORONO MN 55356 ORONO MN 55356 WALTER R MCCARTHY JR KEVIN MCCABE 550 OXFORD RD PO BOX 61020 ORONO MN 55356 DENVER CO 80206 38 05-117-23 41 0027 38 05-117-23 44 0012 TONKAWA MANAGEMENT LLC MALLORY MULLINS/MARTIN LUECK 580 OXFORD RD 3250 FOX ST ORONO MN 55356 ORONO MN 55356 TONKAWA MANAGEMENT LLC MALLORY MULLINS/MARTIN LUECK 1140 TONKAWA RD 3250 FOX ST LONG LAKE MN 55356 P 0 BOX 576 LONG LAKE MN 55356 38 05-117-23 41 0028 38 05-117-23 44 0013 B D GOODWIN&H D GOODWIN MALLORY MULLINS/MARTIN LUECK 565 LEAF ST 3200 FOX ST ORONO MN 55356 ORONO MN 55356 BEND GOODWIN MALLORY MULLINS/MARTIN LUECK HEATHER D GOODWIN 3250 FOX ST 565 LEAF ST P 0 BOX 576 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 41 0029 SEAN S WAMBOLD&M S HORARIK 575 OXFORD RD ORONO MN 55356 SEAN S WAMBOLD MELISSA M HORARIK 575 OXFORD RD LONG LAKE MN 55356 38 05-117-23 44 0003 WILLIAM L TRUBECK 3300 FOX ST ORONO MN 55356 WILLIAM L TRUBECK 3300 FOX ST LONG LAKE MN 55356 38 05-117-23 44 0006 TONKAWA MANAGEMENT LLC 3295 FOX ST ORONO MN 55356 TONKAWA MANAGEMENT LLC 1 140 TONKAWA RD LONG LAKE MN 55356 38 05-117-23 44 0007 M H M SMITS&V E PEREZ 3345 FOX ST ORONO MN 55356 MARCELLINUS HERMANUS M SMITS VIRGINIA ELENA PEREZ 5504 LAKEVIEW DR EDINA MN 55424 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. Hennepin Hennepin County Locate & Notify Map Date: 5/22/2019 49.5 8125 550; 52 555 4044 575 575 580 Rn 565 rat . . • 3295 3345 3250 3200 3175 290 3300 its) 1 , 3320 Pi 350 • Buffer Size: 500 0 50 100 200 Feet Map Comments: 3280 Fox Street This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (a)is fumishedwithnowarranty of any kind, and (hi) is notsuitable for legal,engineering or surveying purposes.Hennepin County shall not beliableforanydamage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/g i s.info©hennepi n.us Date Application Received: May 22,2019 Date Application Considered as Complete:June 4,2019 �O�O 60-Day Review Period Expires:August 3,2019 ( ti To: Chair Ressler and Planning Commission Members t c, Dustin Rief, City Administrator l/c suO t From: Laura Oakden, Planner Date: June 17, 2019 Subject: LA19-000042, Mathew Jasper, 1929 Eagerness Point Rd, Interim Use Permit, Public Hearing Application Summary: The applicant is requesting an interim use permit to export approximately 1,000 cubic yards of material as part of the construction of a new home. Staff Recommendation: Planning Department Staff recommends approval with conditions Background A new home is proposed at 1929 Eagerness Point Road. The.project will involve the export of approximately 1,000 cubic yards of material from the site; an interim use permit (IUP) is required for hauling over 500 cubic yards of material. The proposed home also indicates improvements in the right of way for retaining walls. Any improvements in the right of way requires council approval of an encroachment agreement. Section 78-350-Lot Area/Width: DISTRICT LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 13,450 s.f. (0.31 acre) 76.4' Applicable Regulations: Interim Use Permit (Code Section 78-1726(a)(6)) The construction of the new home will result in 1,300 cubic yards of unneeded material.The applicant proposes to export this from the site;the destination will be within the City at multiple locations within the Lakeview development. No single site will receive more than 500 cy of fill. The proposed home will not be out of character with the neighborhood. Applicable Regulation: Interim Use Permit(Section 78-1726) The Planning Commission may recommend and the Council may grant an Interim Use Permit (IUP). On the basis of the application and the evidence submitted,the city council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter;the proposed grading will conform to the standards within Section 78-916 of the Zoning Code. LA19-000042 June 17,2019 Page 2 of 3 2) The use is allowed as an interim use in the applicable zoning district;grading and export of materials are permitted within the LR-1C zoning district;this statement is true. 3) The use will not delay anticipated development or redevelopment of the site;the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property.This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis;the proposed grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property,the surrounding neighborhood, or other uses on the property where the use will be located;The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise,dust,vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public;the builder and owner will be responsible for keeping debris off of the roadways.The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. 7) The date or event that will terminate the use can be identified with certainty; ; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property.An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions.The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds.The conditions of approval will be documented as required. Interim Use Permit Analysis Staff finds the proposed plan conforms to the standards of IUP review,the grading activity will be tied to the building permit for the new residence.The City Engineer has reviewed the application and provided comments to address hauling and road accessibility as well as surface water runoff. Engineer Comments A memo with comments to be addressed are attached as Exhibit D. Public Comments An email was received from a neighboring property owner. This is attached as Exhibit F. Issues for Consideration 1. Can the applicant achieve the grading they need without encroaching in the City Right of Way? LA19-000042 June 17,2019 Page 3 of 3 2. Does the Planning Commission find that the IUP for hauling, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested IUP? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval with the IUP in accordance with the City Engineer's requirements associated with hauling and the overall building permit. Staff recommend approval of the encroachment agreement for retaining walls within the right of way to stabilize the existing grade on the property. List of Exhibits Exhibit A. Application Exhibit B. Narrative & Haul Route Exhibit C. Proposed Survey Exhibit D. House Plans Exhibit E. City Engineer Memo Exhibit F. Neighbor Comments Exhibit G. Property Owners List and Map Letter View LA19-000042 Land Use Application Summary Exhibit A PC Application Date: 05/22/2019 Address: 1929 FAGERNESS POINT RD WAYZATA, MN 55391 Parcel Number: 1711723230011 Land Use Number: LA 19-000042 Application Submitted By: Agent on behalf of property owner Owner: Name: MATTHEW JASPER Address: 1929 FAGERNESS PT RD ORONO, MN 55391 Applicant: Name: Matt Jasper Company: Address: 1929 Fagerness Point Road Orono, MN 55391 matthew.jasperl@hotmail.om Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: remove dirt over 501 cy Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application 0 Applicant Signature: SSOZPV# file:///or-maiU...Othru/LAI9-000042%20(1929%20Fagerness%20Pt%20Rd)%20CUP/Land%20Use%20Application%20Summary%20(1).htm[6/13/2019 3:26:59 PM] LA19-000042 Exhibit B From: Jasper,Matthew M 1SG USARMY NG MNARNG(USA) PC To: Laura Oakden Subject: Re: [Non-DoD Source]RE:Jasper Application LA19-000042 Date: Tuesday,June 4,2019 5:19:04 PM Laura, It will be multiple lots in that neighborhood. I will make sure no lot exceeds 500 cubic yards of fill from me. 1SG Matt Jasper Metro North West NCOIC Arden Hills RSP 1SG 1025 Broadway St NE Minneapolis MN 55413 C - (651) 746-4773 O - (651) 281-3822 On Jun 4, 2019, at 4:45 PM, Laura Oakden <loakden@ci.orono.mn.us>wrote: All active links contained in this email were disabled. Please verify the identity of the sender, and confirm the authenticity of all links contained within the message prior to copying and pasting the address to a Web browser. Thank you for this information Matt. Do you know the sites where you are hauling the dirt in this development? The code only allows up to 500 CY of haul to and from a site so if more than 500 CY goes to one site then that property owner might need a IUP as well. If you are planning to divide your dirt between multiple sites then no addition IUP would be needed for you to deliver the dirt. Let me know you plans for dropping on the soil. Thanks! Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 Caution-www.ci.orono.mn.us All Permitting is done through our new online portal LINK! Summer Hours: Monday - Thursday 7:30 AM to 5:00 PM Friday 7:30 AM to 11:30 AM Original Message From: Jasper, Matthew M 1 SG USARMY NG MNARNG (USA) [Caution-mailto:matthew.m.jasper.mil@mail.mil] Sent: Tuesday, June 4, 2019 3:36 PM To: Laura Oakden <loakden@ci.orono.mn.us> Cc: Matt Jasper<matthew.jasper1@hotmail.com> Subject: Jasper Application LA19-000042 Laura, - See attachment for a route map for where this dirt is getting hauled to. There are multiple builders that need fill in the neighborhood at the intersection of Lakeview Parkway and Augusta Street in Orono. The site is 2.1 miles away from my address 1929 Fagerness Point Road. - The general timeline for this work to be done is ASAP, we plan to get digging as soon as this is approved. 1 SG Matt Jasper Metro North West NCOIC Arden Hills RSP 1 SG 1025 Broadway Street NE Minneapolis, MN 55413 Cell: 651-746-4773 H st,,Dos# QRONO n delCndosaa ��> . rois4 �. Q v a''�5a ,- uY 81 a Z o v 4. ;q raR,r® -0 rye^ - 1,' e c:` A: F"rc; C ,a ryry . to - _ ?•�ch a1. tke-�uie Pkwy,899 5`d; i } 1» } � �® ,gym r. Ib • ihl Ra l + ;}' Mrtxwef!Soy teresttaln t I. tr • .- .'.: Id n u , - >, ,_ r G. D, • 14 _ , :,3i GYtar�y Arr $1 # •• {' '' Crystal`boy `~ W{tArnt asp .r ?f: orf Y, � .; 4 3 , fay '- �a' 51 19 � $ gyp. F.11 D F4 T O N K A tpyewnor - P l t yl"1 E yy t0 SNOT ` i'' eilne bf >. . a. _ =:" During excavation we will be hauling out roughly 1000 yards of fill 3 miles away to a development.The property will be enclosed with silt fence to ensure no erosion or run off effects the neighbors or street We will also have a street sweeper running during excavation to ensure the roads stay clean.With the na shape of the lot we are forced to build a house that goes deeper into the lot,with the deviation of elevation removing a lot of fill is inevitable.We either hay remove fill or have a driveway that is well above the city's limit of 10%grade. LA19-000042 Exhibit C PC CERTIFICATE OF SURVEY PROPERTY ADDRESS:#1929 Fagerness Point Road, FOR: Sort9to Constru /Matt ction/Matt/Jasper I Orono,MN S5391 t�,yp> > ' ""°` (Sheet 1 of 2 Sheets) / / 953.9 1 / 953.4 `v 1, I? /� O/�o2 Y�/ 955.2 `� // m /� 550.5 \ i / / \ / \ i-� / 1 / \ \ WPM PPE qq�e77pp �/ // .6 "iTOYAi91AC N 1REE //\ x Y53.e \ \ ` G A 1 \\ \ \ \947.0 �/ / \ \,\ �1 I NORTH / \ l ' I f I 0 20 950.5 I \• / (9, I 930.6 ,a / % a`b I i.9n6.S / . /951.4 �.7 / / n''' �? 1( ( IN FEET) Q I inch = 20 ft.- / 9sis . ft. -- _ I / \ �'*IiE-14 'A 1\ ' // \ '.°96EE-10 �µ \A,�. . ..9 //-I l 13\ Co 949.0 _`\ i t19p0.e4 Water aktmn 1, rl - ` " i ICI -1�75 cp5on \ _Oc P FF3 ..39 7 , �lr valz o -')r--'95°-w, ''\T._ 5 I 946.E - 940.9 �� ___i -'�O® /,\ Y. \ ( FNj/ Tog/ Y „ 844.5. 1 �J. �� //� j� 9492 //\ 1�, 4i94�'E324 ,b .. /// e t'iN • C Sai11,�J \ 940.7 / [l 49.,;� TREE-9 '_ a_ : 1 �950.T t1 �`t ..449.6. \ 9rS9 / /// ' }� / TREE-e \.l p ` 7V�T PPE *940: HEd1T-PPD(Cr ROOF // \ / /\ �\\c,:i / i/ ,.950.5 / \eTm\ / / $\ �•Q `- i , n I / s4T4 \ \O \Q$ 94L.9 / +Y / _.&4' / ("\ . / / f/ \ /14P2e/ \ \ pa�94° s �/•: +//949.4 ' ` \ 9� Z.Z. ; l'--7-09Lt ..Fit / ' b / it /. .16 0- .,It J ®p t h / s „ + 930/4 J • \% r mgr/ •( t 'Q' 4 \J5. :3B6 S N EY � // %_:44�,` / � i \N// ,_ Rm 0•03 X20 Owl // �.. `rl // / sN.a. < --o'.D�•619$ , 45.4 0 •:r1=z'O 942.0 \ • \' . $,,%� 935.0 / *13' POURED WALLS, TUCK UNDER GARAGE*' ' �, ./......7,0 385 ' 9 P LL / PROPOSED ELEVATIONS tl� / SOP 934. V. GARAGE FLOOR = 938.7 \ stir .�• // '( z/ TOP OF BLOCK = 951.4 \ / .' ,35-2 O\- a* LEGEND ' \ %t Nt,.... PE ..,0,c0_4::,, rj ,, d�,7 /(\935E 02 DENOTES PROPOSED ELEVATION. / / // /...-',,7'2 / 0.07.....- �� / • DENOTES IRON MONUMENT FOUND 935.9 -x-DENOTES EXISTING FENCE / Q' . 9 914.9 x1ot1.2 DENOTES EXISTINGTION. 933.2•., - / e DENOTES EEXISi1NG TREE •ass / "A--DENO='BUILOING • / / 936.4 /' / 015t. �"*y3�6� .r / .9�6 (SWIM-CANT 0919109 / 035.1 353 05/22/19', add earthwork fs I hereby certify that this survey, plan EXISTING PROPERTY DESCRIPTION or report was prepared by me or Lot 19, EAGERNESS, Hennepin County, Minnesota. under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of NOTES Minnesota. - CITY TO VERIFY All BUILDINGS ELEVATIONS AND SETBACKS. �...c...-7Z� - Bearing's shown are on assumed datum. ERIC R. VICKARYOUS - Field survey conducted on 04/15/2019. Date:Aord 22nd. 2019 Reg. No. 44125 - This survey was prepared without the benefit of A LAND SURVEYING„ ti ork. Easement, appurtenancesohoand eneon. u � � Etervirg Twin Cities Metro II___ exist in addition to those shown hereon. This survey area and ."141 is subject to revision upon receipt of a title insurance beyond 70M-Aft•- 7 n.-r<+1onria,Irv. nurmai1 rn CERTIFICATE OF SURVEY PROPERTY ADDRESS:#1929 Fagerness Point Road, Orono,MN 55391 FOR: Schalo Construction/Matt Jasper (Sheet 2 of 2 Sheets) it) BENCHMARK l ANDREW "'wn" NORTH cs. .r :7. FDF 2_. ANDREW 0 20 s'norNerne s+avbwlery.,,,,,,I errwmb, IAn; .931 901 Wit iC12212C-t3 Poicr- urentlypft Aiva. J:..o, :2 roa. HIm Co Gael Comb 001:43-1088) N10166.?63°E E eAae2:9735 IHRET ) sr<c,on :n 9000 30011 00311 le,000. 1 inch= 201L a...NVOtAOt t0 Olt 03 r SETBACKS/ZONING - ZONED LR-1C - FRONT = 30' - SIDE = 10' - REAR = 30' SETBACKS/ZONING - ZONED LR-1C - FRONT = 30' NOTES - SIDE = 10' - REAR = 30' - Field survey conducted on 04/15/2019. - BEARING'S SHOWN ARE ON ASSUMED DATUM. - CONTRACTOR TO VERIFY HOUSE DIMENSIONS, AND SEWER AND BASEMENT DEPTHS. - This survey was prepared without the benefit of titlework. Easement. appurtenances and encumbrances may evlst In addition to those shown hereon. This survey Is subject to revision upon receipt of a title Insurance commitment or attorneys title opinion. - Curb shots taken at top and back of curb. - CITY TO VERIFY ALL BUILDINGS ELEVATIONS AND SETBACKS. - FINISHED GRADE 10 FEET FROM PROPOSED BUILDING SHALL BE 0.5 FEET LOWER THAN THE FINISHED GRADE AT THE BUILDING. - FINISHED GRADE ELEVATIONS ARE TO FINISHED SURFACE WITH TURF ESTABLISHMENT. - DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES CNLY. FINAL DRIVEWAY DESIGN AND LOCATION TO BE DETERMINED BY CONTRACTOR EXISTING PROPERTY DESCRIPTION - HOUSE PLACEMENT&ELEVATIONS SET BY OWNER. Lot 19. EAGERNESS, Hennepin County, Minnesota. - NO GRADING PLAN EXISTS FOR IRIS PROPERTY. BUILDER P Y RESPCNSBILUTY TO RESEARCH GROUND WATER AND SOILS OF SITE. S01L BORINGS MAY BE WARRANTED HOWEVER IS BUILDERS RESPONSIBUTY. -Earthwork Quantltlee: Net Cut= 1005 yards Total Lot Area=13,453±sq.ft. Q i f.'W ork.. CA,((C S (0.31 acres) ot,k (',e.ww Udti iill \/ 05/22/19', add earthwork fl s � - r'-') 1 hereby certify that this survey, plan / or report was prepared by me or ` under my direct supervision and that I A am a duly Registered Land Surveyor �Vt � iunder the laws of the State of Vr oto Minnesota_ 77 Inf t.xt :�iA-77sc: Z ERIC R. ViCKARYOUS \ Date Aor1T 22nd. 2019 Reg. No. 44125 ACRE LAND SURVEYING; Serving Twin Cities Metro _ nr area and beyond _7614-,ASA-O 7 err-.Aln.,dc„,u S.ca„mail .. LA19-000042 Exhibit D PC --.—,„.,.....- 4.=: MIIMI D -- m m CO CB B CD ----- \11 au \ ou = ._--. REAR E_EVer.0,1 .....•.4, ,,, 1: ; ! 1-•;.1*=51 5i : -; !• 4 !: '-'4Ilzi .::r''rx,-• :;4,, : ., -:, ! 4 I 'L4A -,r.t.r=— E:::::.,,==.;1::7, . •= • - . • • ,.__ ---• — . • ' ' . :=• :;-:::.7.4;==:•.— Zi ] : 'r 1 ft:7i ., a ..-•. . - M-4 1 i 74 I :1 ri -- M.:.;k1ZrilZ;IIi:SKRnia7-1Wiil •-.,,.%,11111.1.1.1E1M1.1.:T_WIE011.111111111.1.11111 _ MIIIIIIIIIIMINIMININ r:_t- -..--.--:- : TilliI.1:11:1:1:1! 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MAIN FLOOR PLAN DOD pat ._____ vu I tad NOTE OO 1...„1- - pmna 9 9 p mMOTE, >iy 8 3 open to below LOFT FLOOR PLAN Letter View LAI9-000042 0� Exhibit E CITY of PC Street Address: Mal1lng AflC�re55: IelepnOile(Y5L)L4Y-4617{) 'y� !)1111E-- 2750 Kelley Parkway P.O. Box bb Fax (952)249-4616 �gk�SHO���' Orono, MN 55356 j Crystal Bay, MN 55323 www.ci.orono.mn.us June 13, 2019 MATTHEW JASPER 1929 FAGERNESS PT RD ORONO, MN 55391 Re: LA19-000042 IUP and Building Permit Application#RPS19-000054 On 05/09/2019 the City received a Residential Principal Structure Building Permit application for a new home at 1929 Fagerness Pt Rd. Staff conducted a preliminary review based on the information provided and recommends the following items be submitted or revised in order for your application to be considered complete and for the plan review to continue: Reviewer:Adam Edwards 1. Applicant should develop plan to ensure surface runoff from driveway and other hardcover is not sent into the street and neighboring properties. Possibilities might include rain gardens or subsurface retention structures. 2. Hauling operations may not block the roadway. Roadway must remain clean with any dirt and debris swept daily.Haul route must minimize the use of city roads by taking the most direct route to a county or state road. 3. Any damage to the roadway caused by hauling operations will be repaired at the applicants expense. Please feel free to contact me at 952-249-4602 or by email at loakden@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO (ifOrel (jill*"...th"..,1 Laura Oakden City Planner cc via email: MATTHEW JASPER file:///or-mail/...%23LA18-000091%20thru/LA19-000042%20(1929%20Fagerness%20Pt%20Rd)%20CUP/Department%20PIan%2OReview%20Letter.htm[6/13/2019 3:38:24 PM] LA19-000042 From: Melanie Curtis Exhibit F To: Laura Oakden Subject: Fwd: #LA19-000042-1929 Fagerness Point-Hearing 6/17 @ 6:30 PM PC Date: Monday,June 10,2019 11:01:25 PM Attachments: 1929 Faoerness Run-Off 1.JPG Sent from my iPhone. Begin forwarded message: From: "Debra Crooks" <dcrooks@mchsi.com> To: "Melanie Curtis" <MCurtis@ci.orono.mn.us> Subject: FW: #LA19-000042 - 1929 Fagerness Point-Hearing 6/17 @ 6:30 PM Good evening. I received an automated reply that Mr. Gaffron has retired. I just wanted to be sure the email below has been received by the Orono planning department. We received a notice that a hearing will take place on June 17 regarding the property across the street from us. Thank you, Debra Crooks From: Debra Crooks<dcrooks@mchsi.com> Sent:Sunday,June 9, 2019 10:37 AM To: Michael Gaffron (mgaffron@ci.orono.mn.us)<mgaffron(aJci.orono.mn.us> Subject: #LA19-000042- 1929 Eagerness Point- Hearing 6/17 @ 6:30 PM Dear Mr. Gaffron, My husband and I live at 1932 Eagerness Point, across the street and downhill of the property referenced above... and also a newly constructed home at 3997 Webb Street.Thus,we'll soon have two new construction homes uphill from us, and we'd like to start out on the right foot with everyone. Both of these uphill properties were previously undeveloped and heavily wooded. Eagerness Point road is narrow here and our lot is very small. The property at 1929 is steeply sloped.There's simply no-where for run-off water to go. These two construction projects have taken out almost all of the uphill trees and ground level vegetation. And we've already seen elevated run-off levels and standing water (picture attached from June 2019) since that clearing was done. We've raised our drainage concerns with the new neighbor at 1929, and he's been very responsive. We have discussed drainage options and containment. Will drainage and run-off be discussed at the hearing scheduled for 6/17? If not, should this issue be on your agenda? Best Regards, Debra Crooks 1932 Fagerness Point Road $ ` • �' JP f. / L ,,j* :7iiP; St j' a 1 . �f > . :.f � . '4)1I ® f. s # knikI — 0 '1 . , F �, + , �, »., fit.` b r E... • / �t �'• .,.5 - i ^Mq„ gyDp'�.CJ.aUt ' • x .1- y r • rs a-." �tA 'R' , 'th iVy .? 5 a rx�y� � x * �a ' .� t .. ' a: Y .,:-:::':`,':',;.,-.:::::::::-,.:7!,-.4:1,/,'..:..-•-:,'.:..: :': ax � ...:4'-'..i.-:2:1-446.4'4:0".`;' s •: _ a ;.= v. �� }far*� }r 7�` LA19-000042 Exhibit F RUN DATE:05/23/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNER' PC 38 17-117-23 22 0025 38 17-117-23 23 0012 38 1 DIANA LYNN WALKER ELLIE L BOLDENOW DANIEL MCINTOSH 1800 CONCORDIA ST 1937 FAGERNESS POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 DIANA LYNN WALKER ELLIE L BOLDENOW DANIEL MCINTOSH 1800 CONCORDIA ST 1937 FAGERNESS POINT RD 1945 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 22 0038 38 17-117-23 23 0015 38 17-117-23 23 0031 JAMES KELLY&MARGARET KELLY JAMES R&DEBRA CROOKS TRUST NORA K DAUM REV TRUST 1855 CONCORDIA ST 1932 FAGERNESS POINT RD 1920 FAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JAMES A KELLY JAMES R&DEBRA 0 CROOKS GEORGE DAUM&NORA DAUM MARGARET B KELLY TRUST 1920 EAGERNESS POINT RD 1855 CONCORDIA ST 1932 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0002 38 17-117-23 23 0016 38 17-117-23 23 0032 B D KAISER&C B KAISER KURT VEGDAHL NANCY A TWIDWELL 1885 CONCORDIA ST 1926 FAGERNESS POINT RD 1865 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 BERNARD D KAISER KURT VEGDAHL NANCY A TWIDWELL CAROLYN B KAISER 1926 FAGERNESS POINT RD 1865 CONCORDIA ST 1885 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0005 38 17-117-23 23 0017 38 18-117-23 14 0001 D P&P J RADEMACHER A F-THOMPSON&ERIK THOMPSON J OLAUSEN ET AL TRS SUBJ/L E 38 ADDRESS UNASSIGNED 1940 CONCORDIA ST 1895 CONCORDIA ST ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 DONALD&PATTI RADEMACHER ANNETTE FUNKE-THOMPSON BRIAN SUNDSTROM/JUDY OLAUSEN 1837 FAGERNESS PT RD ERIK THOMPSON 1895 CONCORDIA ST WAYZATA MN 55391 1940 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0006 38 17-117-23 23 0018 38 18-117-23 14 0009 JOHN EDWARD WEIST DANIEL MCINTOSH G L EKLOF&C F LEE 1920 CONCORDIA ST 1945 EAGERNESS POINT RD 1965 EAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JOHN E WEIST DANIEL MCINTOSH GARY EKLOF/CATHY LEE • 1920 CONCORDIA ST 1945 FAGERNESS POINT RD 1965 EAGERNESS PT RD ORONO MN 55391-9320 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0007 38 17-117-23 23 0019 38 18-117-23 14 0010 CUBE INC PAUL J&PAMELA G BOZONIE M S IVES&K F GEMPLER 3997 WEBB ST 1825 FAGERNESS POINT RD 1955 EAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CUBE INC PAUL J&PAMELA G BOZONIE KARLTON&MARIA GEMPLER 35 NATHAN LA N #119 1825 FAGERNESS POINT RD 1955 EAGERNESS POINT RD PLYMOUTH MN 55441 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0008 38 17-117-23 23 0020 38 18-117-23 14 0011 KURT K KROLL JR PATTI J RADEMACHER ET AL J B WALDRON&LYNN H WALDRON 1905 FAGERNESS POINT RD 1837 FAGERNESS POINT RD 1951 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 KURT KROLL JR PATTI J RADEMACHER JOHN B WALDRON 1905 FAGERNESS POINT RD 1837 FAGERNESS POINT RD LYNN H WALDRON WAYZATA MN 55391 WAYZATA MN 55391 1951 CONCORDIA ST WAYZATA MN 55391 38 17-117-23 23 0009 38 17-117-23 23 0021 38 18-117-23 14 0012 BRANDON C STOVERN T N SHUMAN&S L SHUMAN JANET RAGATZ/RICHARD RAGATZ 1913 FAGERNESS POINT RD 1849 FAGERNESS POINT RD 1945 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 BRANDON C STOVERN THOMAS N&STACY L SHUMAN RICHARD W&JILL RAGATZ 1913 FAGERNESS POINT RD 1849 FAGERNESS POINT RD 1945 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0010 38 17-117-23 23 0022 38 18-117-23 14 0013 D L PETERSON&E M PETERSON CHARLES KROLL S W SCHUSSLER&S D RYAN 1921 EAGERNESS POINT RD 1890 CONCORDIA ST 1935 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DARRYL L PETERSON CHARLES KROLL STEVEN W SCHUSSLER 1921 FAGERNESS POINT RD 1890 CONCORDIA ST SUNHI D RYAN WAYZATA MN 55391 WAYZATA MN 55391 3216 GETTYSBURG AVE S MINNEAPOLIS MN 55426 38 17-117-23 23 0011 38 17-117-23 23 0023 38 18-117-23 14 0014 MATTHEW M JASPER STEVEN D TOWLE ETAL THOMAS M KONAT 1929 FAGERNESS POINT RD 1850 CONCORDIA ST 1925 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MATTHEW JASPER STEPHEN D TOWLE THOMAS M KONAT 1929 FAGERNESS PT RD 1850 CONCORDIA ST 22275 BRACKETTS RD ORONO MN 55391 WAYZATA MN 55391 EXCELSIOR MN 55331 RUN DATE:05/23/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 18-117-23 14 0015 J A WILGERS&T A WILGERS 1905 CONCORDIA ST ORONO MN 55391 JOHN A WILGERS TRUDY A WILGERS 1905 CONCORDIA ST WAYZATA MN 55391 38 18-117-23 14 0016 W F&K A PETERS 1950 CONCORDIA ST ORONO MN 55391 WILLIAM F&KARAN A PETERS 1950 CONCORDIA ST 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 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. Hennepin Hennepin County Locate & Notify Map Date: 5/23/2019 iy ' ` ' • t ` "3'. . +• 1625 R .4y1.; y4; , . '1 ,' 1$15 Te. 1855 1800 ° 17;1 �k�� � 4 'Y (mo) )000. /Allimilialli } II1865 ati' f f 1i}�+i 021 1885 71 'r ,3 t,„ ppj 4 , ._ . .. . ... . . 1895 Oi ., .. .. ._ ` £ 1899 r2zi AIWA . .„. .... .. ... .... ,,. . ,. ..... . , ..„ .._,. . .....„, . . ... . . .. . 4,,,, ,.........,.....„... e,-,,, .„,, - '' 1905 1905 (a) {7g 9i • 3997 1913 1920 ' 1925 1920 09 :-.' 19 21 193501) 19291` 1940 (m VS a S _ 9945'`l 126 nal 1959 1 r -* ,-.- 193 r . . �` 1955 :.-. itiNN I .. :: d s � ' r , 1965 - soil • .1; a3 x 1973 _ 4 kms 1931 fi'„ 4,f,. P,9v . , 4 >t z � y y y - i h _:. f 5'"5L''_; 3� yYa,, Y�v —.4' S' -„ =_ �S -_.f4,'3` ' ,ts ^�.in -- -:1..','..''. ...--'..--S14 Poi fr 9 7 k ;s �'.. x .121-:-.1,..10-2,;-....01,11.'1'-',1444,, i, t °` 04 R, , . : -1",A.--i 981' } s t °� I a , 4 ` aa1) : 44'a*'''''Sli,J.:7fZk:llif!?'!.Ogl'tffi.*:4',,k,:j.;*;''::PttfrF-tf,') 'r.'tiftt':;- '4.:1415:1'7::'?'!';:;1; *4ifif,4i,Z°'-'IVllalie:'rt-'4P-4hi"IAIP:17fjZ:'-ktf';4:14r'z;'':''' ` p 'tl 0 , lilli,414--n1ii4k.;;i::;"1-.. '.;',.;'=! ',4-1*7:1-;14_115..-;..i.;44„,- ..*:.ii4,1441„***I.V.,.*:::ifNigjejj.:1.-'.74,41,p1f.'...1."1",,_,_tArr:ti11-*!... 41,-.',11. Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1929 Fagerness Point Road This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnished wth no warranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for any damag e,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gistrifo@hennepin.us Date Application Received: 05/22/19 Date Application Considered as Complete:05/29/19 60-Day Review Period Expires: 07/28/19 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 4krs14o- From: Melanie Curtis, Planner mcc Date: 17 June 2019 Subject: #LA19-000043, Vujovich Design-Build o/b/o Joanne Pastel, 951 Spring Hill Road, Variance Public Hearing Application Summary: The applicant is requesting approval of a lake setback variance to permit construction of a one-stall garage addition and deck stair extending as much as 2.8' into the 100-foot lake setback of Long Lake. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property is located on the north shore of Long Lake which is classified by the DNR as a recreational development (RD) lake.The RD classification guides the lake setbacks.The home was built in approximately 1971, prior to the adoption of the Shoreland Rules. Properties served by City sewer have a required 75-foot setback requirement from the OWHL(944.3'); however, on this property which is served by a private septic system buildings must meet a 100-foot setback from the lake. LOT ANALYSIS WORKSHEET Section 78-305; 78-1279-Setbacks: LA-1A Required Existing Proposed Rear/Street 50' 47.6' No Change East Side 30' 59.3' No Change West Side 30' 250' 244' ±100' House ±98' Garage Lakeshore 100' ±97' Deck Stair The home to the west determines the ALS setback. That home Average Lakeshore is set approximately 83'from the OHWL. The applicant's home conforms to the ALS requirement. FILE#LA19-000043 17 June 2019 Page 2 of 5 Section 78-305 -Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' _ Actual 80,116 s.f. (1.83acre) 465' @ 75'/ 441' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 80,116 s.f. (1.83 acre) Allowed: 16,023 s.f. (20%) Existing: 2,845 s.f. (3.5%) Proposed: 3,157 s.f. (4%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier _ Tier 1 80,116 s.f. 20,029 s.f. 7,614 s.f. 7,922 s.f. (25%) (9.5%) (9.8%) Applicable Regulations: Lake Setback Variance (Section 78-1279) Properties on Long Lake are subject to a 100-foot setback for structures when served by private septic systems. Currently the subject property is served by a private septic system. The existing home is conforming just at the 100-foot setback line. The applicant's proposal includes removal of an upper level deck to be replaced with a 12.6' x 24.1' single stall garage addition 2 feet into the 100-foot lake setback; and a new stair to the upper deck 3 feet into the 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, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. FILE#LA19-000043 17 June 2019 Page 3 of 5 According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The variance to allow construction of the garage addition and stair are in harmony with the zoning code;the requested setback variances on this Property are generally consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. This statement is true; the requested variances are in line with the residential goals within 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 variance requests are residential in nature and are reasonable considering the unique nature of the property, and the neighborhood with significant separation between the properties as well as the elevation difference between the home and the lake. b. There are circumstances unique to the property not created by the landowner; the location of the existing home and the site configuration was not created by the owner, the elevation of the home in relation to the OHWL of Long Lake greatly impedes visual impact from the Lake;and c. The variance will not alter the essential character of the locality. The visual impacts of the addition will be minimal from the lake due to the topography as well as from adjacent properties due to the physical distance separation. The proposed addition 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 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 LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The size and shape (depth) of the property is similar to a number of the immediate properties along Spring Hill Road within the LR- 1A district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The home is located right at the 100 foot structural setback from the OHWL and is on the top of a slope. The shallowness of the lot and the location of the existing home are unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The proposed garage addition is the minimal necessary to permit the property owners continued enjoyment of their property. The FILE#LA19-000043 17 June 2019 Page 4 of 5 addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake, maintaining maximum distance from adjacent properties,and is located out of drainage ways. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.The proposed project will not impair the health, safety, comfort,or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.Granting of the variance will resolve and alleviate a demonstrated 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. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that the location of the existing home which encroaches into the rear setback and is right at the 100-foot setback makes it difficult to make modifications or additions to and around the home. The property is wide but relatively shallow; there is a 23 foot elevation difference between the lake level and the home which offers a feeling of open space and screening from any visual impacts resulting from the addition and the home. The applicant's proposal to construct a single stall garage addition on the west side of the home up to 3 feet into the 100-foot setback. Due to the elevation change from the lake level to the home level the addition will not be visually apparent when viewed from the lake. Staff finds that there are special conditions relating to the existing home and property which support granting the requested lake setback variances for the garage and deck stair. Engineer Comments The City engineer has not reviewed the currently proposed plan but will do so prior to the building permit issuance. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? FILE#LA19-000043 17 June 2019 Page 5 of 5 Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List Exhibit G. Plat Map Land Use Application Summary Application Date: 05/22/2019 Address: 951 SPRING HILL RD WAYZATA, MN 55391 Parcel Number: 2611823440002 Land Use Number: LA19-000043 Application Submitted By: Agent on behalf of property owner Owner: Name: JOANNE M PASTEL Address: 951 SPRING HILL ROAD WAYZATA, MN 55391 Applicant: Name: Greg Kraus Company: Vujovich Design-Build Address: 275 Market Street Minneapolis, MN 55405 gregkraus@vujovich.com Contact Information: Associated Contact: Greg Kraus gregkraus@vujovich.com Associated Contact: Chris McGuire chrismcguire@vujovich.com Associated Contact: Associated Contact: Project Description: Single-Stall Garage Addition Land Use Application Type: Amendmend Application '- Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application -- Subdivision Exception Vacation Application !-.' Variance Application . ! E Applicant Signature: PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000043 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes. We are proposing on adding a single stall garage attached to the existing garage/home.The garage would be used for the purpose of automobile and yard supply storage. In building this garage,we are removing a portion of an existing deck and staircase to the back yard.A new roof deck will be installed on top of the new garage as well as a new staircase.The roof deck will be an extension of existing outdoor space and will allow the owner to have better views of Long Lake as well as an improved space for entertaining. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: It is my understanding that most of the homes around Long Lake have a 75 foot lake setback. Due to the nature of the site,this property has a 100 foot setback.An existing portion of the 1960s home already extends beyond the 100 foot setback. After careful analysis, the new garage stall that we are proposing can only be built in one area of the property. We took great effort to keep the size of the new garage small as not to impede further into the 100 foot setback. 3.The variance,if granted,will not alter the essential character of the locality. Response: Correct.The design team painstakingly replicated the unique architectural details of the current home.The new garage will be a beautiful extension of the home.The landscape surrounding the new addition will be beautifully installed as well. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: As stated prior,due the nature of the existing lot and particular setbacks of this property we are asking that this addition be reviewed and approved for a variance. 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 Chapter. Response: N/A 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. Response: N/A 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: N/A 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response:This statement could not be more accurate for this project.The roof deck above the new garage will serve as a place for the homeowner to engage with the outdoors, connect to nature and enjoy the beauty of Long Lake for years to come. 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 Zoning Code. Response: Correct. By creating more usable outdoor space,we would argue that we are improving the health and comfort of the property owner. 12.The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty. Response:Yes. As stated prior,due the nature of the existing lot and particular setbacks of this property we are asking that this addition be reviewed and approved for a variance. ------__,.....--•,.,.....„ i.PR II r ... --------. 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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 Total Hardcover Item (Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A HOUSE/ATTACHED GARAGE 22.4'x112.9'(length and width at 2,845.0 S.F. 13 widest part,dtmenslons vary) S.F. C ASPHALT DRIVEWAY 49.3'x 95.7'(see note above) 2,775.0 S.F. D CONCRETE DRIVEWAY&APRON 17.2'x 31.8'(see note above) 188.96 S.F. E CONCRETE PATH&STEPS TO FRONT DOOR 16.8'x 81.9'(see note above) 661.90 S.F. F PATIO AT REAR OF HOUSE(LAKESIDE) 11.1'x 73.1'(see note above) 446.01 S.F. G MASTER BEDROOM DECK(LAKESIDE) 9.8'x 22.4'(see note above) 177.97 S.F. H FAMILY ROOM DECK(NOT ENTIRELY LAKESIDE) 39.0'X 48.4'(see note above) 407.47 S.F. GENERATOR PAD 3.3'x 8.7' 28.71 S.F. J STONE STEPS(DOWN TO LAKE) 4'x 38.5' 154.0 S.F. K DOCK OVER LAND 4'x 7.4' 29.6 S.F. L SPRING HILL ROAD 24.8'x 461.99'(length and width 11,457.35 S.F. M at widest part,dimensions vary) S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 19,171.97 S.F. Excludable Hardcover(See City=Code Sec 78-1684): G FIRST 100sf OF PERVIOUS DECK 100.0 S.F. L SPRING HILL ROAD 24.8'x 461.99'(length and width 11,457.35 S.F. at widest part,dimensions vary) S.F. S.F. S.F. (2) Total Excludable Hardcover 11,557.35 S.F. (3) Net Existing Hardcover [Subtract line(2)from line (1)] 7,614.62 S.F. (4) Total Lot Area(NOT INCLUDED 65,803.03sf OF LONG LAKE AT OHWM) 104,314.54 S.F. Proposed Hardcover Percentage [(3)_(4)] 7.30 (Proposed Hardcover next page) Last Updated: July 2018 Note: This is an information sheet only, every effort has been made to insure 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 8 of 9 City of Orono 404; Hardcover Calculation Worksheet i Property Address: 951 Spring Hill Road, Orono, MN 55391 c e4kESNde'� Prepared by. Greg Kraus, Vujovich Design-Build Date: 06.13.2019 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 site plan or 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) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A HOUSE/ATTACHED GARAGE 22.4'x112.9'(length and width at 2,845.0 S.F. B widest part,dimensions vary) S.F. C ASPHALT DRIVEWAY 49.3'x 95.7'(see note above) 2,775.0 S.F. D CONCRETE DRIVEWAY&APRON 17.2'x 31.8'(see note above) 188.96 S.F. E CONCRETE PATH&STEPS TO FRONT DOOR 16.8'x 81.9'(see note above) 661.90 S.F. F PATIO AT REAR OF HOUSE(LAKESIDE)-REVISED SIZE 11.1'x 64.2'(see note above) 433.39 S.F. G MASTER BEDROOM DECK(LAKESIDE) 9.8'x 22.4'(see note above) 177.97 S.F. H FAMILY ROOM DECK(NOT ENTIRELY LAKESIDE)--REVISED SIZE! 44.3'x 48.4'(see note above) 306.68 S.F. I GENERATOR PAD 3.3'x 8.7' 28.71 S.F. ,J STONE STEPS(DOWN TO LAKE) 4'x 38.5' 154.0 S.F. K DOCK OVER LAND 4'x 7.4' 29.6 S.F. L SPRING HILL ROAD 24.8'x 461.99'(length and width 11,457.35 S.F. M at widest part,dimensions vary) S.F. N NEW GARAGE ADDITION 12.7'x 24.2' 312.94 S.F. O NEW ADDED SECTION OF CONCRETE DRIVEWAY 9.2'x 18.3' 109.27 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 19,480.33 S.F. Excludable Hardcover(See City Code Sec 78-1684): G FIRST 100sf OF PERVIOUS DECK 100.0 S.F. L SPRING HILL ROAD 24.8'x 461.99'(length and width 11,457.35 S.F. at widest part,dimensions vary) S.F. S.F. S.F. (2) Total Excludable Hardcover 11,557.35 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 7,922.98 S.F. (4) Total Lot Area (NOT INCLUDED 65,803.03sf OF LONG LAKE AT OHWM) 104,314.54 S.F. Proposed Hardcover Percentage [(3)_(4)] 7.60 Last Updated: July 2018 Note: This is an information sheet only, every effort has been made to insure 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 9 of 9 RUN DATE:05/23/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 26-118-23 43 0005 JOHN G&CYNDY L BOWLSBY 1025 SPRING HILL RD ORONO MN 55391 JOHN G&CYNDY L BOWLSBY 1025 SPRING HILL RD WAYZATA MN 55391 38 26-118-23 44 0002 JOANNE M PASTEL ET AL TRUST 951 SPRING HILL RD ORONO MN 55391 JOANNE M PASTEL 951 SPRING HILL ROAD WAYZATA MN 55391 38 26-118-23 44 0006 SPRING HILL GOLF CLUB 725 SIXTH AVE N ORONO MN 55391 SPRING HILL GOLF CLUB 725 CO RD NO 6 WAYZATA MN 55391 38 26-118-23 44 0007 SPRING HILL GOLF CLUB 38 ADDRESS UNASSIGNED ORONO MN 00000 SPRING HILL GOLF CLUB 725 CO RD NO 6 WAYZATA MN 55391 38 35-118-23 11 0001 SPRING HILL GOLF CLUB 38 ADDRESS UNASSIGNED ORONO MN 00000 SPRING HILL GOLF CLUB 725 CTY RD 6 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 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. Hennepin Hennepin County Locate & Notify Map Date: 5/23/2019 h ob,J tfkt 1025 : ` � z n51 ;tea x� ':-;:.q.';':,::.'....':;''''.•:' - {-rte ani> 't ,- ! ` r I. p-e ari g t ` x,10: f z ' d ' ty..�SY - ;4 5Y It -,.moi w�''..- Lie z t 4 1 ' '' a `•, + : .. . . . � -fr , -. �� 3 ,7;: , .-z - to - 7::'.4;;.}.. ` ' '- '` te' _ag": . 1 < .,,. t r � � k. � L � 2 . P?. . u"x A ' -E A0, , '3 ,.stea ,. Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I I I I I I 1 951 Spring Hill Road This data (i) s furn shed 'AS IS' with no representation as to completeness or accuracy, (i)is fumishedwithnowarranty of any knd; and (ii) is notsuitable for legal,engineering or suneyng purposes.Hennepin County shal not be IiaWefor anydamage,injury or loss resulting from this data. For more information,contact Hennepin CountyGIS Office 300 6th S tree t South,Minneapolis,MN 55487/g i s.info©hennep n.us