The URL can be used to link to this page

Home My WebLink About07-15-2019 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE I /15 /i 1 ❑ COUNCIL IS:I PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. y �11,9w* T�t"'�s,�. a ° ° l° M` � s.� .,q �:, v �� ,t. tf(9 J°,1frdi *,re, '177, PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER CaS co USLit IkA4U\- avtc- Pwrila (-35ct, 2. l S ,,. 574 Nxit 3 ` 3. L:117(4 Le f 04 6AIS ktpc c)1 t.� ciy,s4 f24 4. 1 -1f7 ((A.S4" S t 'Sl ` hice1'i�7 5. G,rce ( ,�-`. ; 7( ?_42-vic_c: 6. PCQ( 7 flUe J e- ( .. 7. SYj 2 -' f7/ #Z 5 - � . sssi/ 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC -WAT Agenda Planning Commission Meeting Monday, July 15,2019, 6:30 P.M. -� �: Orono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 rtKESHO�� 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: Aaron Printup Pledge of Allegiance Approval of Agenda Approval of Minutes June 17,2019 New Business 1. LA19-000046 John Kraemer, 855 Old Crystal Bay Rd S& 2885 Little Orchard Way, Vacation of D/U easement(Staff: Melanie Curtis) 2. LA19-000047 Scott Gates,4400 Deering Island, Comprehensive Plan Amendment (Staff: Jeremy Barnhart) 3. LA19-000048 Premium Construction, 2967 Casco Point Rd,Variance (Staff: Laura Oakden) 4. LA19-000050 Eric Vogstrom, 2710 Pence Lane,Variances (Staff: Melanie Curtis) 5. LA19-000051 Dale Gustafson, 1905 Concordia Street,Variance and IUP (Staff: Melanie Curtis) 6. LA19-000052 Sven Gustafson, 385 Orono Orchard Rd S, Vacation of D/U easement (Staff: Melanie Curtis) 7. LA19-000053 City of Orono,Average Lakeshore Setback discussion (Staff: Jeremy Barnhart) 8. Update on July 8, 2019 City Council meeting Adjourn Planning Commission Liaison to August 12, 2019 City Council meeting: Dennis Libby Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis, Mark Doepke, Bob Erickson, Dennis Libby,Mark McCutcheon,and John Thiesse. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Mayor Dennis Walsh was present. Chair Ressler called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MAY 13,2019 Libby moved,Thiesse seconded,to approve the minutes of the Orono Planning Commission meeting of May 13,2019,as submitted. VOTE: Ayes 7,Nays 0. NEW BUSINESS 1. LA19-000032 JOHN ADAMS,ON BEHALF OF GREGG AND DENISE STEINHAFEL, 2265 NORTH SHORE DRIVE,WETLAND ALTERATION PERMIT/REZONING,6:31 P.M.— 6:45 P.M. John Adams,Applicant, was present. Curtis stated 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. 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. The applicants are proposing to mitigate this wetland with the purchase of wetland bank credits out of the City. To impact or fill a wetland,the Watershed District must approve the Sequencing and Replacement Plan and the City must approve a rezoning and issue a wetland alteration permit. According to the homeowners,this is the most practical location on the property for the improvement. Rezoning is necessary so the wetland is no longer subject to the standards of the Wetland Overlay District. The original land disturbance proposed was approximately 14,000 square feet of cut and fill to create the building pad but has been reduced to 11,000 square feet. The details of the MCWD review and Sequencing and Replacement Plan are outlined in Staff report. If the Planning Commission or a member of the public would like to review the details, Staff can go into further detail. Planning Staff observes that the removal of the wetland and the subsequent grading will likely not impact adjacent properties or the lake. Staff recommends approval of the request. Doepke asked how many residents are within the area that have been notified of the proposal. Curtis indicated she received one telephone call from an adjacent property owner who had a question about which wetland was at issue and Staff helped walk her through that. Page 1 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. John Adams,Applicant, stated this is a very small wetland that gets a little bit of water in it in the spring when the snow melts, but it is not a wetland that is wet very much of the year. The amount of land involved is 958 square feet. The property owners received approval from the MCWD for a 60' x 120' sport court. The original proposal was 14,000 square feet, which is approximately one-third of an acre. The property owners indicated they did not require that big of a sport court and the amount of fill now being required is approximately 11,000 square feet. This site was chosen for maximum tree preservation and proximity to the house. One of the alternative sport court was located near the lake,which did not make sense due to the lights and the other alternative site would have required the removal of a number of trees. As a result, it was felt that this was the best spot. It is approximately 300 feet away from the house behind the garage. The property owners will be purchasing twice the amount of wetland credit as what is being lost. Originally the Watershed District agreed to allow the credit to be purchased outside Hennepin County but have since requested the wetland credit be purchased in the county. Thiesse asked if they will be raising the grade for the sport court up to the elevation of the driveway. Adams indicated he does not believe so. Thiesse stated it appears the driveway is what is stopping the drainage out of that area. Thiesse asked where the drainage will be directed toward. Adams stated they are going to be directing it away from the driveway, but they will look at running a culvert under the driveway if that is the best solution. The black area depicts the area where the trucks would come into the site. Libby asked if they have an idea at this point where they will be purchasing the wetland credits. Adams stated they do have a purchase agreement for land in Hennepin County in place, but that they do not know the exact location right now. Bollis asked if they have considered relocating the sport court north/south of the proposed location so it does not impact the wetland. Adams indicated the proposed site does not impact as many trees and it is not visible from the lake or from the neighbors' homes. Ressler stated he is trying to get a better understanding of the location. Preservation of trees is important but changing the wetlands is also important. Ressler asked why this particular location is best suited besides the trees. Adams stated they hired ISG to look at it and they performed the wetland delineation. ISG felt that this was the best place for the minimal amount of tree loss and it has a good proximity to the home, is behind the home, and will not be visible from the lake. The Watershed District and Army Corps also reviewed it. Chair Ressler opened the public hearing at 6:40 p.m. Page 2 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. There were no public comments regarding this application. Chair Ressler closed the public hearing at 6:40 p.m. Thiesse indicated he did visit the property and it is not much more than a low spot in the ground. Thiesse stated in his view it would be easier to create a new wetland than it would be to preserve the trees since they are mature trees. The only concern would be to have the water treatment occur where it is supposed to happen. Thiesse stated they will be losing a wetland, which is allowed under the rules,and they will be creating double the size wetland for someone else. Doepke stated he would concur with Commissioner Thiesse. Bollis stated he would hope there is a spot close to this property to replace the wetland. Otherwise it seems to be an appropriate spot for the sport court. Curtis noted in the past Staff has had conversations with the Watershed District about onsite versus off site wetland mitigation, and the Watershed District indicated that they found with their monitoring that they are able to accomplish a higher quality of mitigation when it is a larger area that is being banked rather than trying to create and maintain a new wetland on site. Thiesse asked if the existing wetland could be increased. Curtis stated it could be done in addition to that if the Planning Commission would like Staff to explore that, but the Watershed District has already reviewed it. Libby commented it is a very significant sized site and that wetlands do not relocate well, which is a concern. Since there is a substantial amount of other habitat within close proximity, Libby stated he does not feel the wildlife will have too much of a problem with relocating to one of the other areas and that he would be in favor of this. McCutcheon stated given the process that has been gone through, he would approve it. Ressler stated he also tends to agree with the comments. It is easier to recreate wetlands than replace mature trees and the proposed location appears to have minimal impact to the neighboring properties,so he would be in support of it. Erickson moved,Thiesse seconded,to recommend approval of Application No. LA19-000032,John Adams,2265 North Shore Drive,wetland alteration permit/zoning. VOTE: Ayes 7,Nays 0. 2. LA19-000036 BRENT TEELE,577 PARK LANE,VARIANCE,6:45 P.M.—6:54 P.M. Brent Teele,Applicant, was present. Oakden stated the applicant is requesting a hardcover variance in order to construct an addition to the existing home. The property owners 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 setback requirements for the zoning district and incudes a reconfiguration of hardcover, which currently exceeds 25 percent. The current hardcover is at 34.45 percent and it would be Page 3 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. reduced slightly to 34.43 percent. The applicant is requesting to basically maintain the same level of hardcover that is currently on the property. Staff finds the applicant is working to bring the existing property into conformance with the City Code. The proposal meets the structural coverage and all of the setbacks set by the City Code on a substandard sized 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. No public comments have been received. Planning Staff recommends the Planning Commission review the practical difficulties. If the Commission agrees with the findings, Staff would support approval of the request. The Planning Commission had no questions for Staff. Brent Teele, applicant, stated the whole purpose for the renovation is to have an attached garage for easier access to the house and to create additional living space above the garage. He has four teenage children and will be getting remarried, so they are attempting to create additional living space. Under the proposal they will be able to maintain the required setbacks and current hardcover level. Chair Ressler opened the public hearing at 6:48 p.m. Jo McDonnell, 559 Park Lane, commented she and her husband are pleased with the proposal. There is quite a bit of water flow from the hill and that it is her understanding a permit was approved for some sewer work or drainage work. Given that there are a lot of water issues on the street, it is good to move those structures away from the road. McDonnell stated they actually demoed their house and rebuilt. The former garage was nonconforming as well and was in the way for the drainage, so it would be good to get this structure away from the street as well. Tim O'Donnell, 559 Park Lane, stated it is really difficult to come up with a plan that meets all the requirements given the size lot, and the fact that the hardcover will still be at 34 percent is amazing. Most of the homes in the area do not meet the hardcover requirements. O'Donnell stated they are in support of the application. Chair Ressler closed the public hearing at 6:50 p.m. McCutcheon stated the amount of massing in the area likely contributes to the runoff and not increasing the hardcover is a good thing. McCutcheon stated he does not see a problem with the proposal. Libby stated the proposal seems practical and helps meet the applicant's family needs. Libby indicated he would be in favor of it. Erickson commented it seems like a common-sense solution. Bollis, Doepke, and Thiesse indicated they are in favor of the proposal. Page 4 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Ressler stated they are reducing the sprawl of the lot by bringing the structures closer together as well as reducing the hardcover slightly. Ressler stated he is also supportive of the proposal. Thiesse moved,Erickson seconded,to recommend approval of Application No. LA19-000036, Brent Teele,577 Park Lane,granting of a variance. VOTE: Ayes 7,Nays 0. 3. LA19-000037 TODD AND KATHRIN LONG, 565 HANLON AVENUE,VARIANCE,6:54 P.M.—7:03 P.M. Todd Long, Applicant, was present. Curtis stated the applicants are requesting a rear street setback variance in order to build an addition on the west side of the home along with a new porch on the alley side of the property. 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 analyses are based on these lots being combined. The property's 129 feet of depth is challenging, particularly due to the street setbacks of 50 feet on the east and west sides. The lot is also nonconforming with respect to area and width. As a result,the applicants are left with an approximate 29-foot deep building envelope,which is somewhat inconsistent with the neighboring properties. Staff finds practical difficulties inherent to the size, location of the existing home, and the rear property line justify the variance allowing the small addition. Planning Staff recommends approval of the variances as requested. The Planning Commission had no questions for Staff. Katherin Long, Applicant, stated it is an older house with an outdated porch and that they are remodeling the property and adding a porch. When they did the redesign, they made the porch slightly larger to make it look more modern. The property has a lot of challenges and the improvements will make it look a lot more attractive. Ressler commented the addition looks nice. Long stated it has existing entry steps that are half the proposed size. The roof is not necessarily structural, but it is more aesthetically appealing. There are three lots and they are requesting to combine the lots into one. Curtis noted the lot combination is administrative and is in process. Doepke asked if there would have been any other alternatives if the lots had been combined prior to this application. Long stated there is a current porch there and they are not changing too much on the property but they are doing more remodeling. Curtis noted that area is low and is probably not suitable for building on. Page 5 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Chair Ressler opened the public hearing at 6:58 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 6:58 p.m. Thiesse noted they are putting a front door on the other side away from Hanlon. Curtis stated that is how they currently and historically access the home. The previous owners a number of years ago requested a little sign at the end of the road to direct people towards the home. Thiesse stated he believes the porch is practical and he would be in favor of it. Doepke indicated he would concur with that. Bollis stated he is in favor of it. Due to the setbacks, it would be difficult to keep any kind of entry on the home within conformance. Erickson stated he is in support of the application and the recent lot combination has increased the lot area and the north and south setbacks,which are things the City likes to encourage. Libby stated the addition is architecturally complementary to the house and he would be in favor of it. McCutcheon indicated he is in agreement. Ressler stated it is difficult to do much more on the lot and that the proposal seems practical and reasonable. Ressler stated he would be in favor of it. Libby moved,Bollis seconded,to recommend approval of Application No. LA19-000037, Todd and Kathrin Long,565 Hanlon Avenue, rear/street setback variance. VOTE: Ayes 7,Nays 0. 4. LA18-000038 GREGG KATCHMARK, 140 LEAF STREET,VARIANCE,7:03 P.M.—7:11 P.M. Gregg Katchmark,Applicant,was present. Oakden stated the applicant is requesting a front yard variance and is proposing to construct an 800 square foot addition to the home. The property abuts the creek that flows from Lake Classen to Stubbs Bay, which is a protected tributary and subject to a 75-foot structure setback as well as the standard limitations on hardcover in the 0-75-foot zone. The home is currently set at an angle from the front property line with the closest point setback being 36.7 feet. The proposed addition would expand the building footprint on the south side of the property, which would be conforming to the side setback, but would expand the home into the required front yard creating a 31.7-foot setback. The existing home is located in a nonconforming location. The front yard setback overlaps with the 75- foot creek setback located in the rear of the yard. 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 creating a reasonable building envelope. Page 6 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. To date,no public comments have been received. Planning Staff recommends approval of the front yard setback variance. The Planning Commission had no questions for staff. Gregg Katchmark, Applicant, stated the existing tuckunder garage really does not fit a car, so they are proposing to construct a new garage and also would like to take advantage of that by creating additional living space above the garage. Katchmark commented the proposal seems the most sensible and helps create a more workable house. Chair Ressler opened the public hearing at 7:08 p.m. There were no public comments regarding this application. Chair Ressler closed the public hearing at 7:08 p.m. McCutcheon stated the 75-foot setback is tough to work around and that the applicant's proposal is within the spirit of the setback. Libby requested to see an aerial of the area. Libby stated he tends to be in favor of it but that he would like to get a better visualization of the area in front of the garage. Oakden pointed out the location of the neighboring properties. Libby indicated he would be in favor of it due to the circumstances and the need. Erickson commented it is a unique situation that has reduced the building envelope and has created the justification for the variance. Bollis stated he would agree there are unique circumstances and the proposal is very practical. Doepke stated the proposal is very reasonable. Thiesse asked if they are removing the blacktop under the garage. Oakden indicated it is currently a tuckunder garage and they are proposing to go over the existing hardcover. Thiesse noted the blacktop extends beyond the garage. Katachmark stated there is a little swing out of the blacktop, which will be converted to grass. Thiesse stated other than adding some structure, nothing else will really change. Thiesse stated he says a practical difficulty and that reorienting the addition will not change matters. Page 7 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Ressler stated if they attempted to make it conforming to the setback, it would result in a very weird looking structure. The proposal does not change the viewpoints of the adjacent homes and seems to be reasonable. McCutcheon moved, Thiesse seconded,to recommend approval of Application No. LA19-000038, Gregg Katchmark, 140 Leaf Street,front yard variance. VOTE: Ayes 7,Nays 0. 5. LA19-000039 BRANDSTETTER CARROLL,INC.,645 TONKNAWA ROAD/CAMP TEKO,AMENDMENT OF THE EXISTING CONDITIONAL USE PERMIT AND VARIANCES, 7:11 P.M.—8:30 P.M. , Applicant, was present. Oakden stated this is a proposed Master Plan for Camp Teko. The applicant is requesting a conditional use permit to intensify the existing camp use and variances for hardcover and a building in the 75-foot lakeshore setback, buildings within the 30-foot bluff setback, and a variance from the one-year deadline for the proposed master plan. Camp Teko has been operating in Orono since 1965 and is located in the LR-1B zoning district on a 17.96 acre parcel with approximately 1,500 feet of shoreline. Camp Teko has submitted a Master Plan for the camp with multiple improvements. These include a new program center, program cabins, waterfront improvements, changing rooms, parking, a welcome center, a maintenance building, entrance monument/gates, cabin renovations, leader lodge, a pavilion, program platforms, new shelters,restrooms, and a new trail and path network. The applicant is implementing the Master Plan in phases. Phase one consists of construction of a program center, 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 in the future 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: 1. A conditional use permit for intensifying/expanding the existing camp use. 2. A variance for hardcover and building within the 75-foot lakeshore setback for a replacement storage shed. 3. A variance for improvements in the 30-foot bluff setback for proposed new pavilion and two new program cabins. 4. A variance from the one-year expiration date to allow for implementation of the Master Plan to happen in phases beyond four 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. The proposal meets the required yard setbacks for all new buildings and additions,the wetland setbacks, and the average lakeshore setback. There is currently a boat house, a storage shed, and part of a cabin located within the 75-foot lake yard. The new, larger storage shed,however, does not meet the lakeshore Page 8 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. setback and would require a variance. There are currently multiple cabins located within the bluff impact zone and bluff setback. The plan proposes removing all of these buildings. The proposed plan also includes a new pavilion on the same footprint of an existing cabin within the setback. It is also showing two new program cabins within the setback. The proposed buildings will all be outside the 20-foot bluff impact zone but are proposed to be within the 30-foot bluff setback. The new buildings do not meet the bluff setback and would require a variance. 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 are no specific parking requirements for nonprofit or religious camps. Staff did perform an analysis of the parking under two different guidelines. Churches, auditoriums, and undertaking establishments require at least one stall for each four seats. Staff determined that there is a maximum capacity of 240 people in the main assembly hall, which would require 60 parking stalls. A community center, post office,YMCA, YWCA, physical cultural studios, pool halls, libraries, private clubs, lodges and museums require one stall for each 300 square feet of floor area in excess of 2,000 square feet of floor space. The main assembly hall is 9.440 square feet,which would require the facility to have 35 total spaces,which is met. No hardcover is permitted within the 75-foot lakeshore setback. The applicant is proposing a new storage shed and a new changing room building where no hardcover is permitted. City Code only currently permits one lockbox no greater than 20 square feet in area and no higher than 48 inches in height. 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. No buildings or structures are permitted within 30 feet from the top of the bluff. The three new buildings are proposed to be placed outside the bluff impact zone, which is 20 feet from the front top of bluff,but they are shown to encroach in the 30-foot bluff setback. Staff has included an analysis of the practical difficulty and conditional use permit in its report. Staff finds that the Master Plan meets all the requirements for a conditional use permit. The Planning 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-foot lake yard would be used to house lifejackets, paddles, and lake use accessories, consistent with water-oriented storage,which is permitted to some extent. The buildings proposed in the bluff setback are shown to be built on stilts to give a treehouse cabin feel and protect the grading and bluff area. The overall proposed Master Plan is using the land in a reasonable manner and takes into consideration the unique characteristics of the property. The variance from the one-year action on the different components of the Master Plan appears appropriate in this situation since the applicant has developed a comprehensive Master Plan intended to take years to fully implement. Page 9 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. The Planning Commission should consider the issues outlined in the Staff report. If the Planning Commission is in agreement with the conditional use permit for the Master Plan, each variance request can be reviewed separately. If the conditional use permit is denied,the requested variances should be denied as well. Sample motions are included in the Staff report. Ressler noted Item No. 1 talks about intensifying the existing camp use and on the plan there seems like there are a number of things being relocated along with the addition of the pavilion. Ressler asked whether there is going to be increased enrollment. Oakden stated Staff views intensifying the use as someone using the land in a more intense way, such as by adding more structures,creating a more detailed trail system, using the land characteristics, and reworking the stormwater on the property. All of those changes on the property are seen as intensifying the use under a conditional use permit. The applicant is proposing 11 new buildings, for a total of 16 buildings,which is an intensification of the use. Ressler asked if the variance from the one-year expiration date has to do with inaction on the Master Plan. Oakden stated as it is written in City Code, all variances expire within one year if not acted upon. The applicant would like to perform the project in phases and would prefer the variances to be tied in with the Conditional Use Permit. Ressler asked if the motion of the Planning Commission should include a sunset date on the variances. Oakden stated right now it is proposed to be infinite since it is tied to the Conditional Use Permit. As long as the applicant is working towards completion, it would not have an expiration date,but if they want to deviate from the plan,they would need to come back before the Planning Commission. McCutcheon noted those regulations are in place to prevent ongoing construction. Ressler asked how many total buildings there will be after the project is completed. Oakden stated she believes there will be 21 total buildings on the site after completion of the Master Plan. The overhead depicts each building and it goes up to the Letter U. The gray depicts proposed buildings and the white depicts existing buildings that are proposed to remain, but some of the gray buildings are proposed as replacements to what currently exists. Libby asked if the improvements are generated by an increase in enrollment. Oakden stated her understanding is they are using the site to the best of their ability today and the improvements would allow them to use the site better and perhaps to host additional activities. Doepke asked exactly what the bluff setback is. Oakden indicated City Code defines a bluff, a steep setback, a bluff setback, etc., and that a bluff is considered a 30 percent grade over 25 feet at the top of the bluff. At the top of the bluff there is a 20-foot bluff impact zone. The City also has a 30-foot bluff setback from the top of the bluff to protect the bluff impact bluff. The applicant is proposing to remove things outside the bluff impact zone and have three buildings proposed within the bluff setback. Page 10 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Doepke asked if there is ever a geological survey of the bluff required as part of an application to determine whether heavy rains would impact the bluff. Oakden stated it is her understanding the engineers do an analysis of the slope but that she is not sure whether they perform an analysis of potential slope failure. Curtis stated the bluff impact zone is the actual bluff itself. Rabbi Marsha Zimmerman stated she is the senior rabbi at Temple Israel and they are 141 years old. Temple Israel has owned Camp Teko for the last 54 years and before that it was a Boy Scout camp. Temple Israel believes in the power of giving young people a camp experience because they know two of the top Jewish traditions or experiences are camping and a trip to the Jewish State of Israel. Temple Israel believes Camp Teko provides the children with a strong identity and teaches them the strength of independence. As it relates to the intensified use,they would like to use Camp Teko more often. The strategic plan developed in the past two years identified that the use of Camp Teko is very crucial and important and it should be used more. Currently Camp Teko is limited to 165 campers because of the possibility of inclement weather and there is a wait list because the available slots fill up within two weeks. The congregation would like to include more campers. Currently 40 percent of campers come from the congregation and 60 percent from the wider community. The other component of the intensified use is the ability to offer different activities. This project will allow children to experience Camp Teko in a very different way,will teach them what it means to live on the land, and provide them with the experience of sleeping outdoors. Currently the program allows kindergarteners the opportunity to attend the camp and they would like to expand the program so middle schoolers can have their own experiences at the camp. There are very few bathroom facilities and those are clumped into one area. The reality is that a number of kids can fit in the lower level, but the bathrooms are on the upper level, which is not safe when there is inclement weather. The program center will have a teaching kitchen and bathrooms located on the bottom level. Ressler noted they are looking to intensify enrollment. Ressler asked whether they have a gauge as to how many that will be increased to. Zimmerman indicated no more than 200. Ressler asked whether the total number of structures will go from 16 to 21. Zimmerman noted many of the structures are not usable because they have not been upgraded. Camp Teko also offers sixth grade winter retreats and they are looking to enhance that programming as well. Rick Parker,Brandstetter Carroll, stated they are based out of Cleveland, Ohio, and that his career has focused on designing and improving camps around the country for the past 40 years. Parker stated to his knowledge as part of the overall project 11 new structures will be added and six buildings will be removed. A big part of the intensification is to provide more indoor space. Camp Teko currently has a dining hall, a bath house, and a small program facility, which means most of the time they are outside. The plan will provide a variety of indoor space with bathrooms as appropriate. The other element of the plan is improvement of the parking lot. To some degree there is some confusion about where to go once Page 11 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. they enter the parking lot and one of the proposed structures in the middle of the parking lot is a welcome center with bathrooms and an expanded pavilion. Part of what Brandstetter does when they look at properties is to access the physical conditions and make recommendations for renovations, but they also listen to the client when they talk about the activities currently being held at the camp. Brandstetter wants to make sure the experience on the property is rich and fulfilling. Park indicated he believes in a green and sustainable approach and that he is very conscious of the impact of what they do in a physical build environment to the land. A large portion of the property is wooded. Part of what they are looking for is to find a balance between minor tree removal and eliminating open activity spaces. The topography is rolling and is somewhat challenging. Some of the objectives are to make sure the children are safe as well as preserve some open spaces. The one encroachment into the bluff setback would allow for two new cabins. The plan is not proposing any construction in that area that requires substantial grading. At the end of the development, the topography will look basically the same with the exception of a few trees. As it relates to erosion, they will have geotechnical testing done to better understand the composition of the soils, and depending on what that is,it will determine what the foundation is. If it turns out the foundation has to go down 30 feet,they will not do that,but they have not gotten to that level of design yet. McCutcheon commented it appears they have made a big effort to reduce the impact to the trees. McCutcheon asked how tall the welcome center building will be. Parker indicated it will be approximately 28 feet high and will be placed over an existing hardcover tennis court. Ressler asked if the Planning Commission will be approving the Master Plan as is and not approving any of the individual structures. Oakden stated the Planning Commission would be approving it as is. Staff report contains five conditions, which requires them to have a building permit that is reflective of the Master Plan, and if there are any major changes to the Master Plan,they would need to come back before the Planning Commission. Oakden stated they would be approving the footprint,the general height of the buildings, and the general aesthetics of the building. Ressler asked if there are dimensions of each of the buildings included in the Master Plan. Oakden stated there are, but that this is a high-level look at the Master Plan. The Planning Commission could change the conditions that have been laid out by Staff. Ressler asked if they would be leaving anything out there for approval at a later date. Parker stated the hardcover analysis identifies by building the amount of structure. Parker stated he realizes this is a little unusual since they are requesting indefinite approval, but what they often see is that most Master Plans go out for 15 to 20 years because things change. Most likely at some point things will change. Most CUPs are set up for something that is longer term, especially for nonprofits, since it gives them time to raise the funds. Libby asked whether Mr. Parker will be involved in this project long-term. Page 12 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Parker indicated that is the goal. One of the first items they tell the client is that most of the buildings will likely need to have sprinklers. Bollis asked why the two new buildings cannot be pushed 10 feet to the north out of the bluff zone. Parker stated they did rotate the structure, but if those two buildings are pulled back farther,it will constrict the area between the two buildings to the point where it will be pretty crowded. One of the goals is to preserve that green space. Without making it a major structure,the building could be up about eight feet and still have the feeling of a treehouse,which is the reason for pushing it out there somewhat. Bollis stated even if the buildings were moved back ten feet to be outside of the setback, it appears they would still have the feeling of a treehouse. Parker stated if they are pushed back,the second building will encroach upon a fire circle that is surrounded by trees and the trees will need to be removed. Doepka noted on Page 44 of the report it appears the cabin is more of a vertical. Parker indicated what is on the screen is more accurate. The reason it has been oriented that way is to capture the southern sun because they would like to integrate solar panels at some point. Doepke stated it appears that at least have of the structures are supported by the beams underneath. Parker indicated that is correct. Bollis asked whether they could reduce the size of the building by ten feet. Parker stated they require all that indoor space and that reducing the size of the buildings would change that configuration and impact the function of the indoor space. Erickson stated he has a concern about the statement relating to the sanitary sewer treatment, including possibly two new connections to the public street. Erickson asked what type of sanitary treatment is currently being used or is proposed to be used. Parker indicated the site is connected presently to the municipal system. The line going from the dining hall pipe is not the size of the program center line and that the goal is to have a single line out to the road. Parker stated they have not gotten to that level of engineering yet. Erickson asked if their plan is that all effluent will end up in the municipal sewer. Parker indicated that is correct. Parker stated it will also be likely that some onsite water storage will be required for fire suppression since that is not connected to the municipal system. Libby stated many of the camps he attended were not new and that he can see the practical application of the proposal. Libby asked how many weeks of the year children will be at the camp. Zimmerman stated the current summer program is about eight to nine weeks and then five weekends for sixth graders. They would like to increase some of the weekend time in the fall and spring in order to Page 13 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. bring more of the school kids out to the camp to experience the different seasons. There is a caretaker who takes care of the buildings and Camp Teko also employs cooks, counselors, nurses, and administrative staff through the summer. During the weekends there are rabbis, administrators, and a cook on the site. The weekend camp goes from Friday afternoon to Sunday morning. Chair Ressler opened the public hearing at 8:07 p.m. There were no public comments regarding this application. Chair Ressler closed the public hearing at 8:07 p.m. McCutcheon stated if you drive by Camp Teko, you barely know it is there, and that the applicant is only asking to increase it byl 8 percent over a period of years. If it was developed as a residential site, it would have a lot more massing, so from that point of view,the Master Plan does not seem too egregious. The storage shed does not seem unreasonable. McCutcheon noted normally the City does not allow setback deviations to the bluff and asked how much it exceeds the 30-foot setback. Thiesse indicated it looks to be seven to nine feet. McCutcheon stated the phasing in of the project is somewhat of a concern and that he does not want the project to become a burden to the neighbors,but none of the neighbors have come tonight to express any concerns. Oakden stated it appears the three buildings are set right at the bluff impact zone at different corners and are,at maximum,ten feet in. Libby stated as a practical matter, camps need to be maintained and making the improvements over time makes sense. Libby stated he does not really have a problem with the bluff and that the project and site is very non-intrusive, and traffic is not a problem. Erickson commented he is very supportive of the mission and making it more available to the public,but that he has some concerns with regards to both the bluff impact and the lakeshore setback. Stubbs Bay had three small rental cabins that were tied into an old septic tank that flowed into the lake periodically, which is why he questioned the septic system. Erickson stated he is concerned that the plan has relied too heavily on old buildings and putting a new building in the same location and that they have not seen a great deal of justification in terms of practical difficulties. The applicant has stated if the two buildings are farther apart,it would be less walkable, but that has never been applied as a practical difficulty. Erickson stated he would like to see major changes to the plan that respect the bluff and lakeshore. Bollis stated he would like to see some type of deadline placed on the Master Plan and that he also does not see a practical difficulty for the variance to the bluff. Doepke commented he supports the mission but that he does not see why it is not possible to move the cabins back from the bluff. Doepke stated it may be possible to move all three of the buildings to Page 14 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. maintain the distance between them. The other concern is the storage shed down by the swimming area. The size of that shed will be increasing, which would be less of an issue if the size was not increasing or if the profile of the shed from the lake would not be increased and possibly built back. Doepke stated he also would like some type of horizon on the proposal. Doepke stated he does not know what the deadline should be,but in his view there has to be some type of sunset date. Thiesse commented this is a great asset to the community and that he likes the concept but that he is struggling with the practical difficulty for the encroachments. The applicant is proposing two buildings on stilts in a bluff area, which the City really does not want, and there is some selective removal of the undercover in that area, which is also a concern. Thiesse stated he would like the applicant to try harder on relocating those buildings. As it relates to the storage shed in the 0-75 setback, Thiesse stated he does have difficulty with that variance since the City usually does not allow that. It appears the storage shed could be moved back. As far as the time extension, Thiesse stated he would like to do a look back in five years. Ressler asked whether the applicant would be agreeable to moving the boathouse. Zimmerman stated in her year five years is absolutely reasonable,but that they need to obtain the funding for the improvements and keep the camp going during that time. Parker stated the boathouse would store all the life jackets and other equipment the kids use at the beach. If the size of the structure stays the same,the life jackets and other items would likely be strewn around on the beach. The site goes up pretty dramatically at that point, which means the building would be pretty far up on the hill. There is 10 feet behind each of those elevation lines going up the hill. Parker stated they can certainly look at the orientation to minimize the appearance from the lake,but if a new structure is not allowed,they may have to leave what is there currently. Doepke asked if there is any foliage between the shed and the lake. Parker indicated it is buckthorn. Thiesse stated he was assuming the contours were one to two feet and that it is ten feet. Parker stated as it relates to the bluff,they can look at it and figure out if there is another option. Ressler asked what the dimensions of the boathouse are. Oakden indicated the dimensions were listed in the hardcover calculations and that to her knowledge it is 150 square feet, which is approximately 10' x 15'. Ressler stated he would like to see that located further up the hill as long as they are not hauling canoes up the hill. McCutcheon commented it is a camp and an asset to the community and that hauling lifejackets and other items up the hill might not be feasible. Page 15 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17, 2019 6:30 o'clock p.m. Thiesse stated he realizes there is a large wall down there and that perhaps they could incorporate some plantings to make the building less visible. Parker stated they will look at that, but that it would be a hardship to haul all of that equipment up the hill. Barnhart stated the first issue he heard tonight relates to the timing and that Staff would be fine with the five years. The purpose behind the timing was to avoid coming back every year to the Planning Commission for renewal of the variances. It would be appropriate for the Planning Commission to say they do not support the bluff variance since that provides feedback to the applicant and the City Council. The applicant can make changes prior to the Council meeting if they want. The last issue related to the shoreline, and similar to the bluff setback, it would be appropriate for the Planning Commission to say they do not support it rather than trying to redesign it here. Ressler stated in his view five years is reasonable and that he does not have an issue with increasing the enrollment to 200. Ressler stated he hardly knew the camp was there when he was growing up and that the public apparently does not have a concern with the use expanding. Resler stated as it relates to the setback to the bluffs,he is struggling with that request, and that he would like to pass it as proposed for the Council to weigh in on that issue. Barnhart stated the Planning Commission can support the Master Plan and then identify areas of nonsupport for the bluff and the location of the storage shed. Approval or disapproval does not mean the applicant cannot supplement their answers to the City Council. Thiesse moved,McCutcheon seconded,to recommend approval of Application No. LA19-000039, Brandstetter Carroll,Inc.,645 Tonkawa Road/Camp Teko, Conditional Use Permit,subject to a maximum enrollment of 200; granting of a variance for hardcover for the building located in the 0-75-foot setback; denial of the encroachment into the 30-footetback with the caveat that the applicant relocate the two buildings; and the imposition of a 5-year deadline on the proposed Master Plan,subject to conditions of Staff. Barnhart stated the Planning Commission is granting permission to continue to use the property indefinitely, but what it requires is that any new buildings that are not built within those five years would need to come back for renewal or an amendment to the conditional use permit. Doepke asked why Commissioner Thiesse is allowing the shed. Thiesse stated this is a camp and not a private residence. There is a steep slope in that area and there is already a wall there that the structure could be tied into. Ressler stated the structure also is not large. VOTE: Ayes 6,Nays 1, Erickson Opposed. 6. LA19-000040 L. CRAMER BUILDERS& REMODELERS,3280 FOX STREET, INTERIM USE PERMIT,8:30 P.M.—8:58 P.M. Greg Jurvakainen, L. Cramer Builders, was present. Page 16 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Curtis stated a new home is being designed for building permit on the site. This project will involve the export of approximately 4,000 cubic yards of material in preparation for construction of a new home foundation and subgrade sport court area. 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. The applicant is not proposing to change the grade but rather remove excess material from the site. Public comments were received from the homeowners' association and are included in the packet. Staff recommends approval of the Interim Use Permit. Staff recommends the applicant 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. The Planning Commission had no questions for Staff. Greg Jurvakainen, L. Cramer Builders,stated they are planning to build a new home and are looking to export the fill that is coming from the subgrade sport court which is located partially under the garage but also comes out into the proposed auto port. The intent of City Code limits the grade not only on the lot but pool terracing, which limits the use of the excavated dirt on the site. As a result,the material has to be exported off the site. Chair Ressler opened the public hearing at 8:35 p.m. There were no public comments regarding this application. Chair Ressler closed the public hearing at 8:35 p.m. Libby noted only one written public response was received which recommended that the builder meet and discuss the project with the homeowners in the area and damage to the roadway,probably relates to the traffic involved with exporting the material. Libby asked whether any of those meetings have occurred. Curtis stated that individual is out of town. Jurvakainen indicated he did reach out to him and that he seemed to have the understanding that there was a homeowners' association. As a common courtesy, L. Cramer typically sends a letter to the neighbors, but there is actually not a homeowners' association in this case. Jurvakainen stated he understands the concern relating to damage to the road, but that he does not believe there is any homeowners' association tied to this home or an architectural review committee. Curtis stated Fox Street and Leaf Street is County Road 84 going over to Old Crystal Bay Road, which is a public road. This residence is the third lot in on the private portion of Fox Street and there currently is another home being built on that section of road. As far as the City is concerned,they want to maintain the public road as it is, but if it is a private road,the City is not going to enforce financial restitution on the builder and it is up to the residents to do that. Jurvakainen stated his understanding is that there is a loose handshake agreement relating to road maintenance and that his client would be more than prepared or happy to share in those costs. Page 17 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Libby stated even if there is no homeowners' association, he still wants to make sure he is sensitive to the handshake agreement. Jurvakainen noted the real estate agent reached out to the attorney and he commented that he knows of no reason why the buyer would not rely on what is discovered on examination of the title to the property, and upon examination of the title, there is no homeowners' association on file. L. Cramer will send a letter to the neighbors. Curtis stated she would not necessarily take the public comments as being opposed to the project but more as expressing a desire to have communication with the builder. The comments raised a question about a situation that may result in a need for some type of mitigation. Ressler stated perhaps Staff could help facilitate that discussion prior to this application going before the City Council. Thiesse noted it would be at least 300 truckloads and asked if there is a proposed route for the haul route. Jurvakainen indicated the haul route would be Fox Street and that the end destination is in Hopkins. The hauling could possibly be done in two weeks or it could extend over the duration of the project. McCutcheon asked if there is some type of fee that would be required as part of the project. McCutcheon stated on certain projects where there is a lot of activity,the streets do get damaged,but that he is not proposing anything. Erickson stated he would be in support of Staff's recommendation. Bollis indicated he would also support it. Doepke stated he would tend to support the application. Doepke asked whether there has been adequate consideration of the potential damage to the road and the impact on some of the neighboring homeowners. Homeowners' associations can be created and then fall into disrepair and that it is conceivable the neighbors would get upset if there was undue damage to the road as a result of the dump trucks coming in and out. Doepke stated he is wondering what kind of protection there is,noting that it is not right to ultimately assess the homeowners that are living on what is a private section of Fox Street, and whether that has been taken care of by this agreement. Curtis stated she is not aware of what agreement they have. Barnhart noted the City can address the road situation by inspecting it prior to the project but the City cannot charge a fee. Libby asked if there is a difference between a single-family development versus a development and how the City can enforce road conditions and construction traffic. Before the Planning Commission there have been decisions on developments where there has been a requirement of the builder or developer before and after. Page 18 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Curtis stated the City does inspect the roads prior to development project construction as a standard routine and the City's consulting engineer performs a video walkthrough of the public roads.The City also holds the public hearing tonight to allow for public comments. There has been a comment received from an interested neighbor and it is probably in the builder's best interest to do the photo documentation, especially given the other project on Fox Street. Libby stated he wants to be responsive to the concern raised by the neighbor and that he does not want to be insensitive to either the builder or the resident. Ressler noted the Planning Commission cannot rule based on what might happen to the road and that that condition can be included in the motion. Bollis asked if there is a public easement over the private section of roadway. Barnhart stated Staff would assume there is a public easement. Doepke asked if that illustrated portion of Fox Road is the section of private road. Curtis indicated it is. Barnhart stated the City has control over how they maintain public roads, but the City does not have control over maintenance of private roads. Libby stated he reads the public comment as they are objecting to the deterioration of the private road. That resident should know who pays for and maintains that section of road. Doepke questioned whether it is reasonable to assume that every resident on the road read the letter. Doepke asked to what extent the Planning Commission can approve this without conditioning it somehow. Barnhart stated the City received a comment and some commissioners have expressed concern about the road. It would be appropriate to include a condition the Planning Commission feels addresses that concern as a recommendation, and how the City Council chooses to deal with it will come next. Thiesse recommended the application be approved and that L. Cramer is a very reputable builder in the City. The other homes have used the road to build their homes and that this builder should be entitled to do the same. Ressler stated he agrees and that the neighbors will still have an opportunity to be heard at the public hearing at the City Council meeting. Barnhart noted the Planning Commission formally has the public hearing, and that while the City Council does allow public comments on applications,they do not necessarily hold a public hearing. Thiesse stated the City Council will have the same information as the Planning Commission. Ressler indicated he is okay with the application without any sort of amendments or modifications. Page 19 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Libby asked if there is a diagram of the haul route. Curtis stated it is not an actual map but a description of the route. Erickson indicated he is comfortable with Staffs recommendation and that the applicant should provide photo documentation of the haul route, with any necessary repairs being the obligation of the contractor. Erickson moved,Libby seconded,to recommend approval of Application No. LA19-000040, L. Cramer Builders & Remodelers,3280 Fox Street, Interim Use Permit,subject to the applicant providing photo documentation of the road condition of the haul route within the City prior to commencement of the project. VOTE: Ayes 6, Nays 1,Doepke Opposed. 7. LA19-000042 MATHEW JASPER, 1929 FAGERNESS POINT ROAD, INTERIM USE PERMIT,8:58 P.M.—9:15 P.M. Mathew Jasper,Applicant,was present. Oakden stated 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. The property is at a downhill grade from the rear to the front. The proposed house has a tuck-under garage, which is creating the excessive material that needs to be hauled off the site. The applicant has submitted a haul route that shows it will be delivered to the Lakeview site. No single site will receive more than 500 cubic yards of fill. The developer has indicated they will be performing street sweeping. Planning Staff finds that the proposal meets the requirements of the interim use permit. The excavation of fill will be tied to the building permit. The City Engineer has reviewed the application and has provided comments to address hauling and road accessibility as well as surface water runoff. Staff did receive a comment from a neighbor regarding some runoff concerns and the City Engineer provided some comments to the resident. Planning staff recommends approval of the Interim Use Permit in accordance with the City Engineer's requirements. Thiesse asked if this is pre-building permit and is only for the hauling of the fill. Oakden indicated it is. Matt Jasper,Applicant, stated the reason for wanting to take out more fill is that he will go over the 10 percent grade on the driveway. Jasper stated he does know one of the neighbors is concerned about runoff and that the excavation will allow the driveway to be more level and not sit up as high, which will help with the runoff. Chair Ressler opened the public hearing at 9:02 p.m. Page 20 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Debra Crooks, 1932 Fagerness, stated she was the one who submitted the written comments. Crooks indicated she has had conversations with Mr. Jasper and that she and her husband are extremely concerned about the runoff because another home went in this past year that had approximately a half acre of woods that is now cleared of trees. Substantial work has been done to get their crawl space dry. In addition,their lot is very small. Crooks stated she does not want to stand in anyone's way,but that she is very concerned about the design and how the project goes. Ressler asked if the Watershed District would weigh in on this application at the time the home is built. Oakden stated the Watershed District will be in charge of erosion control measures and Orono's City Engineer would also review it for runoff mitigation. The City Engineer did make some recommendations concerning runoff and further communication can happen at the building permit stage. Oakden stated this is a challenging area since the other homes are uphill from Ms. Crooks given the natural grade of the land. The subject property is a buildable lot and the applicant is not requesting any variances. Due to the grade and the construction of the home,they are creating the fill and exporting it. Ressler asked if the Watershed District and the City Engineer have the ability to address the runoff if no variances are being requested. Oakden noted she is not sure to what degree the City Engineer and the applicant have discussed this, but the City Engineer does review every new home prior to it being built and he will help mitigate those runoff scenarios as best he can. Elaine Peterson, 1921 Fagerness, stated the house behind them that was allowed to be built has caused a considerable amount of runoff onto their property. That property owner removed all the vegetation on the lot and there are still open gutters. Peterson stated they are suffering because of that and they do not want to have another house doing the same thing. Jasper noted his house is in front of that house so it should not affect Ms. Peterson's property. Jasper indicated he did speak with Mr. Crook and his contractor is going to install a cistern in the back yard and then run the gutters into it. All the rainwater from the house will run to the back of the lot, down the gutters, and into the cistern. There will also be retaining walls alongside the driveway and the driveway will be bellowed to both sides. Jasper stated he is trying to make sure that he does not impose on anyone. Libby asked if he has a drainage plan. Jasper stated he does and that he is working with Denali Custom Homes. The plan has already been looked at by the Watershed District and approval has been received from them. Chair Ressler closed the public hearing at 9:12 p.m. Ressler noted the Planning Commission is just weighing in on the removal of the dirt. Thiesse commented it is a good use of the property and the dirt needs to be removed in order to construct the house. Page 21 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17, 2019 6:30 o'clock p.m. Doepke stated he is in agreement with that, and that the removal of the dirt will help lessen the slope and cause the runoff to be less and less likely to flow across the street. Bollis indicated he is in favor of the IUP to remove the dirt. Erickson stated he is in support of Staffs recommendation for the IUP and the recommendation regarding approval of the encroachment agreement. Libby stated he is in favor. McCutcheon stated neighbor input is good and that the applicant is taking steps in that direction. As far as the removal of the dirt, McCutcheon stated he is in support of the IUP. Ressler stated he appreciates the comments of the neighbors and that the neighbors and City are looking at improving the situation. Ressler indicated he is in favor of the application. Libby moved,Bollis seconded,to recommend approval of Application No. LA19-000042,Mathew Jasper, 1929 Fagerness Point Road,Interim Use Permit in accordance with the City Engineer's requirements and approval of the encroachment agreement for retaining walls within the right-of- way to stabilize the existing grade on the property. VOTE: Ayes 7,Nays 0. Libby encouraged the applicant to instruct his haulers to go slowly on the City roads. 8. LA19-000043 VUJOVICH DESIGN-BUILD,951 SPRING HILL ROAD,VARIANCE,9:15 P.M.—9:32 P.M. Greg Krause, Vujovich Design-Build,was present. Curtis stated the applicant is requesting approval of a lake setback variance to permit removal of an existing upper deck and construction of a one-stall garage addition and deck stair extending as much as 2.8 feet into the 100-foot lake setback of the north side of Long Lake. Long Lake is classified by the DNR as a recreational development lake. Properties served by City sewer have a required 75-foot setback requirement from the OWHL. However,this property,which is served by a private septic system, must meet a 100-foot setback from the lake. 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. In addition, 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 is to construct a single-stall garage addition on the west side of the home up to three 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. Page 22 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. To date no public comments have been received. Planning Staff recommends approval. Curtis displayed an aerial photograph of the lot,noting that the lot is narrow or shallow. Thiesse asked if the 100-foot setback for a structure was put in place to also prevent drain fields from being within that setback as well. Curtis stated she is not sure if that is true or not. Erickson asked whether there is a municipal sewer line in Spring Hill Road. Curtis stated there does not appear to be. Doepke asked if the addition will come out from the house toward the lake. Ressler stated that would probably be better answered by the applicant. Bollis asked what the rear yard setback is. Curtis indicated it is 50 feet. Greg Krause, Vujovich Design-Build, stated this is an interesting lot,thin and narrow, and that they are looking at doing a single-car garage addition on the southwest corner of the home. A roof deck will extend on top of that creating additional outdoor space. The resident will be turning 86 years old this summer and they are looking to create an easy to access outdoor space. Doepke asked if the deck is going across the front of the garage. Krause indicated that is correct. Doepke asked why they cannot extend the garage to the west in an amount sufficient to be outside the setback. Krause stated they did explore different shapes of the garage and different locations, but what might look fine on an elevation view does not always work with the elevation. The architectural intent is to keep the the rhythm of some of the larger stone columns on the outside of the home. Thiesse stated the driveway would also not be very conducive to making the turn if it is pulled forward. Libby asked what the cost differential would be building a two-car garage straight out from the existing garage. Krause stated there are a couple of issues with that, and one is the turn-around. The other issue is that it is very expensive, and this is one of those cases where the garage is unique and there are complications due to integrating it into the existing roof. Page 23 of 24 MINUTES OF THE ORONO PLANNING COMMISSION Monday,June 17,2019 6:30 o'clock p.m. Chair Ressler opened the public hearing at 9:28 p.m. There were no public comments regarding this application. Chair Ressler closed the public hearing at 9:28 p.m. McCutcheon stated he agrees with Staff and that there is a practical difficulty due to the shape of the lot. Libby stated he would concur with that and that it is a good use of a relatively small area. Erickson stated he appreciates the applicant's efforts to minimize the intrusion into the setback. Bollis stated he sees the practical difficulty and that he likes the effort to minimize the intrusion. Doepke indicated he does not have a problem with the application. Thiess indicated he is in agreement. Ressler stated the project is not egregious and that the applicant has made some good points about the encroachment into the setback. Doepke moved,Libby seconded,to recommend approval of Application No. LA19-000043, Vujovich-Design-Build on behalf of Joanne Pastel,951 Spring Hill Road, lake setback variance. VOTE: Ayes 7,Nays 0. 9. UPDATE ON MAY 13,2019, CITY COUNCIL MEETING Barnhart reported on the following actions taken by the City Council: • Approved Mr. Bollis's preliminary plat on Consent. • Approved the variance at Ivy Place for replatting of Outlot A on Consent. • Approved the 2040 Comprehensive Plan but there might be further discussion this summer/fall on potential amendments. • The right-of-way vacation question at 4300 North Shore Drive was approved with Staff being directed to draft language in the resolution requiring an escrow and compensation. • The variance on Luce Line Ridge was denied but Staff was directed to bring back potential changes to the accessory structure code. ADJOURNMENT , •5S L1 ' Libby moved,Thiesse seconded,to adjourn the Orono Planning Commission meeting at9• p.m. VOTE: Ayes 7,Nays 0. ATTEST: /✓ Jon Ressler, Chair Page 24 of 24 :OAT To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator ti From: Melanie Curtis, Planner 1VGG l4kESHO4�G Date: 15 July 2019 Subject: #LA19-000046,John Kraemer&Sons, o/b/o OCBR 1 LLC, 855 Old Crystal Bay Road S+ 2885 Little Orchard Way, Drainage and Utility Easement Vacation Public Hearing Application Summary: The applicant is requesting approval of an easement vacation in conjunction with an administrative lot line adjustment. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is seeking approval of vacation of a portion drainage and utility easements along the west lot line of 2885 Little Orchard Way ("LOW") in conjunction with an administrative lot line adjustment between 2885 LOW and the property addressed 855 Old Crystal Bay Road South, owned by the same party. Utility companies have been notified;from our information no utility or drainage improvements are located in the western 10 feet of the existing perimeter easement to be vacated. Replacement drainage and utility easements will be dedicated along the new boundary with the Boundary Line Adjustment/Subdivision Exception as shown in Exhibit B. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the vacation subject to the dedication of new D/U easements as noted at the time of vacation recording with the Boundary Line Adjustment. List of Exhibits Exhibit A. Application Exhibit B. Proposed Site Plan—area to be vacated Exhibit C. Boundary Line Adjustment Exhibit D. Utility Letters Exhibit E. Property Owners List Exhibit F. Plat Map Land Use Application Summary Application Date: 06/17/2019 Address: 855 Old Crystal Bay Rd S orono, MN Parcel Number: Land Use Number: LA 19-000046 Application Submitted By: Agent on behalf of property owner Owner: Name: Address: Applicant: Name: John Kraemer Company:John Kraemer& Sons Address: 4906 Lincoln Drive Edina,MN 55436 john@jkandsons.com Contact Information: Associated Contact: John Kraemer john@jkandsons.com Associated Contact: OCBR 1 LLC OCBR 1 LLC Associated Contact: Associated Contact: Project Description: Easement Vacation+Subdivision Exception 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: V--- > QI _ 'v z _ c�.ssx'� u,n a r. _� p aes 'w -ar- �I�Q r � --j _.,e-';' a w 4 00,-i ),,,,„,,,, L— t _w i ,--,°. 7---_,.,mss- _ _----7:---_, o w --------2'-7-_ -7-'',i, 5 '"_`"' - - / CERTIFICATE OF SURVEY FOR ''''.,,S.,.; '-----_,_7-_--,74 ,! i',-',,,,,,'7,1,5,1,. ; a, SCOTT & STACI RICHARDSONAND �� 09 i '/ �" J �-4 ti , " STEWART TITLE GUARANTY CO, 'xi,: x IN GOVT LOT 7,SEC.9-117-23 AND OF LOT 3, �� /�V'�SPARCELB �/ BLOCK 1,LITTLE ORCHARD zu: 0 ' 1 / / �'� (1V� V � HENNEPIN COUNTY,MINNESOTA a A / - ,; ." a '.-4-9..1-",.c...3....- r a .°�, i / - ,i$ �` B 3 °.�°,�° z �x ii: HI_ __ / ' : N ;_. ,,1' :'9; (�' 7 f-- / ti <°' r s `r A PARCEL1 - / / 1 / , 339 F E%i5[NG - -Et '7./7 o •• = d' VA *�i'/ / - j - w ORCHARD �. ,. ,...°,..,<°,.. .. ,. «„ \5 _ 'PARCEL 2 r WAY - \C �p ; t,"/ 3.�9' G�ERS I ,(\, ooc. 4 �`''"� 7]�19�AG PR EDr T' UC.// , .,., I o II'334 I, � - , \ i f - \ �I �\' 0l A � �. �.. e,�.mum g, \ \ \ te ° I ' 0 g,,--:1: \'-, �� i -7 4_ g m .,,�°°, �g NZ,0''''''''0,-;,-,,,,` ..' I N NN � �N / 4,-7,-_-_,7 ,7,-.,. -:_77,,--,--P4.a. ' --..�,,,. ,.,K, 1 '<''''- % '\ .ems ° FP i- u,P,,,>° ''- '5, � _ .° �. ; LAKE � w��\ i' lea ; ; MINNETONKA \° >' ' g 1 , MAXWELLBAY .,h—.,d.9. .>,.,ae,,.,e. .�,.M, ,° ,»°„�.., 4e,�,e,. CERTIFICATE OF EXEMPTION FROM SUBDIVISION REGULATIONS PER CITY CODE SECTION 82-200 State of Minnesota Case No.#LA19-000046 City of Orono The undersigned Community Development Director for the City of Orono certifies as follows: According to City Code Section 82-200,the land subdivision as described in Exhibits A and B, and depicted in Exhibit C are excepted from the subdivision requirements outlined within Orono Municipal Code Chapter 82,Article III, Divisions 1 through 4 because it: Is an adjustment of a lot line by the relocation of a common boundary[Cite Sec. 82-200a)(4)j. JAS l( Z0t1 Date Jeremy B hart Community Development Director City of Orono State of Minnesota County of Hennepin The foregoing certificate was acknowledged before me by Jeremy Barnhart,the Community Development Director of the City of Orono this 11th day of July,2019. 0t /tL Notary Public My commission expires: V311 QO3 This instrument was drafted by: City of Orono 'aANDREA LEE HENTGES 2750 Kelley Parkway � �,�'A; Orono, Minnesota,55356 S " ;� ti NOTARYPUBLIC-MINNESOTA •��; My Commission Expires Jan.31,2023 #LA19-000046 Exhibit A Page 2 of 5 Existing Legal Descriptions: Lot 3, Block 1, LITTLE ORCHARD; Parcel 1: That part of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7; thence North 52 degrees 03 minutes 14 seconds West, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, 105.35 feet; thence South 19 degrees 49 minutes 29 seconds West, 596.73 feet; thence South 4 degrees 00 minutes 18 seconds West, 145 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of beginning, said last described course being hereinafter referred to and designated as Line X; thence North along Line X to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of beginning; thence North 12 degrees 54 minutes 40 seconds East, 766.76 feet to the point of beginning, said last described course being designated as "Line Y". For the purposes of the foregoing description: a) The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. b) The point of beginning is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees' Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and c) Line X and Line Y are the Westerly boundary of the property conveyed by said Trustees' Deed of September 26, 1938 to said Carpenters. Parcel 2: That part of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7; thence North 52 degrees 03 minutes 14 seconds West, 41.75 feet; thence South 81 degrees 57 minutes 55 seconds West, 105.35 feet; thence South 19 degrees 49 minutes 29 seconds West, 596.73 feet to the point of beginning; thence North 19 degrees 49 minutes 29 seconds East, 596.73 feet; thence South 81 degrees 57 minutes 55 seconds West 210.89 feet; thence South 26 degrees 48 minutes 53 seconds West, 556 feet more or less to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the said shoreline to an intersection with a line bearing South 4 degrees 00 minutes 18 seconds West, from the actual point of beginning; thence North 4 degrees 00 minutes 18 seconds East to the actual point of beginning. #LA19-000046 Exhibit B Page 3 of 5 Proposed Legal Descriptions: Parcel 1: That part of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7; thence South 78 degrees 02 minutes 05 seconds West, 71.12 feet; thence South 24 degrees 12 minutes 48 seconds West, 446.21 feet; thence South 37 degrees 20 minutes 21 seconds West, 100.00 feet; thence South 10 degrees 32 minutes 01 seconds West, 197 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with the following described line: Beginning at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7; thence South 78 degrees 02 minutes 05 seconds West, 71.12 feet; thence South 7 degrees 28 minutes 17 seconds West, a distance of 235.91 feet; thence South 37 degrees 20 minutes 21 seconds West, a distance of 491 feet, more or less to said shore of Lake Minnetonka, and said line there ending. Parcel 2: Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at a point 302.81 feet South of the North line and 462 feet West of the East line of said Government Lot 7; thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30 minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described; thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37 degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay, Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from the point of commencement, said last described course being hereinafter referred to and designated as "Line X"; thence North along "Line X" to said point being South 12 degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if extended would go to the point of commencement, said last described line being designated as "Line Y", a distance of 371.76 feet to the Southwest corner of said Lot 3; thence easterly along the southerly line of said Lot 3 a distance of 98.00 feet; thence North 5 degrees 19 minutes 53 seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West a distance of 171.70 feet to the point of beginning. For the purposes of the foregoing description: a) The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23 West of the 5th Principal Meridian, is assumed to be a due North and South line. b) The point of beginning is the same as the point of beginning of the description of the property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by Trustees' Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10, 1938, in Book 1445 of Deeds, Page 293, and #LA19-000046 Exhibit B Page 4 of 5 c) Line X and Line Y are the Westerly boundary of the property conveyed by said Trustees' Deed of September 26, 1938 to said Carpenters. Parcel 3: Those parts of Lot 3, Block 1, LITTLE ORCHARD and of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th Principal Meridian which lie easterly of the following described line: Commencing at the most southerly corner of said Lot 3; thence on an assumed bearing of North 83 degrees 11 minutes 07 seconds West along the southerly line of said Lot 3 a distance of 51.00 feet to the point of beginning of the line being described; thence North 5 degrees 17 minutes 40 seconds East a distance of 134.99 feet; thence North 50 degrees 40 minutes 14 seconds West a distance of 171.70 feet; thence North 7 degrees 25 minutes 17 seconds East a distance of 135.11 feet; thence South 78 degrees 02 minutes 05 seconds West a distance of 95.89 feet to the Northwest corner of said Lot 3, and said line there ending. NOTE: Doc. No. 7021464 only applies to Lot 5, Block 1, LITTLE ORCHARD and does not pertain to Lot 3, Block 1. #LA19-000046 Exhibit C Page 5of5 ii F a / /zCD ., K tri q / ! 0 's Z /; � to a tri (- C / v :.vZ // ‹ // / i>:U/. 7, tin 4 / // .---,N. '-� �� v �\ / \�� . i. / ' /, � � �i � I '- T , \+ ./ ^ \ FO \Fri a > A V �, � �� Y T�� 14 �� IIl‘ / i sRI ir-4 Alck. f / / I r a111 � // 'y II !4 � ,4-r�n .. / L rl s$ _33aRo Ira;- aaE $ 8 — ,_ w L I'd z -ds s ' oy i x CD ad ' r-;',..1- y/ a , , �nax €eg $ e a iiO Fj /-4=•'—' " 'Lr� db' '8 .€0 sRah R s2fv < I� , kA"y r ! $s 3 CrsC TR w 'a s 4nq gd4sR s g �e x aT or Hq` /i sRsgKde ." _ s� x ;g3 ::40--„,,,....1;0,g,.."3, a sao s.fi„ teas`@ liVt- 1,14V, m:3 33.E a8 x $ R ` .d8 sem.: 3 ,�,, '�7" r'e•s , g'1 ( Y ��qe ga m$ 3g g3 R €$ � ' -.Y4.,,, ,,9 ., 8e > ,>;;g ' el si 7 e, 4i4 aa„ sa V a gaasw R,°g ° .9.11i 3S a 4 -c ,.�,C �"& :Ar�: ��s s n a d:_e� s e a g' U1 CO I s- '-trsai �-'� a i' $ a - - g OIa c 1:;!,1-7,-,;,-v,-1 z33sus a z - ' ,�n i ' a : g a3 s s ,=gA3s € g 9 . 3 s=33 ` d 3 _RIa 3 ' a - £ 1�.-1 „le!. .' "�'- 8"a 8 $ - s: 3 3 a F9 Ra d 8 3^ a-o. g� P L J O � - „QTR' aP a .• p8R; 'l e : Rya° !Align e d 3 '1�q$as ,. gA. ' o 8 0 y - 3g- R.1' a3-s° ^ R s g a °8 x3 .- s a o t-': ':•'','s yR1.1:;.:15E; £" a v F i C3 ' IM 8 4 .; 3 i.$'':.5-4-1 6 0 9vxyg4 n Sd 8,3 , "'� C� 'I."o as "f.atl 3ga a3 ' s �� d rr, 3 2 s > s 84-R - s.°8 5,d,' g .WA' , , V CAI H t� ,Sg a 3 a Rae �, 3 3 3 13 3°e s v ; ea3 a3 3 Rgas"' rs '`Nsa & zed," 0 U1,- rs F o ae 9 „3 g ^ 8 a'8" a OH �-.-. a!IN - s �s `s ` moat= s s a a _ as sx> roo-,2 I �' 2s' ' 3 Lz Y3 A I saa g g 1 Fm F a3 i . a =a z x' ~ I iA IL :s3 €i 'z $4s �P a 8 i , . >ts 3= silt a €� i s' Z u'~] a �r .2,:r-,. $3 "^ _ h,:429 R Q. a " 3 s' s 3 e� kgs o r Yin $ 8R na e� y a , s R z as ;da.s _2 �yco� Y-.-I 0 1 O'8 " 4 P4 RV_ !izg !!,141 5 s o ; '3. s 3 d iii 3 Ro Y a; Z,.: N N) �: y e R s �s o575 Xs a,rq mx3R 23 3 .^�: n -sR .-<t=1 4—I U) e 9 >5�;'3'�om 8q q4% 4 J dna"3.3'9 v 3 d �. a39 O-I (---, d'- L__ 3 $ 3 ,;',-I,-21,7,22'0' a ^E A s v. 8Y a ;s" a 8 3 rs g a .aa aR �,dcvC'x, :OLD CRYSTAL 3 ase 3 R m3 s o raged ^ 4 €asu ^3u `ass 8 3; Znw� t� HAY ROAD e ed s °nese.,= d2s> A § a.^ _ ' 3% $$. ZM .-1-71 ::.-.< RFg $e5",€o za ez 1;14 i. e i-y 1333 dr a ° cn 9 `8 ?391 a Yd iia :K R•at3m 3a s a .1- gp3 z, a 9dOZ-W K 3 - 3 8 F 0 I m3 a y 3 e s 2',7 '`.!::;'a 3i 4 ?R8 , Sa3 i;Q;Rga '3a o� ,Z _ c3,i- - =033 - a _ -3 3n F z PROJECT ., G- NNERSLAND SURVEYORS RONBERG & ASSOCIATES, INC. FNCI . LAND PLANNERS "...�.... ------- -- -. ._. �L / �y 19-0]0° .2_4,3_,., CenterPoint 700 West Linden Avenue PO Box 1165 Energy Minneapolis,MN 55440-1165 July 11, 2019 Melanie Curtis Planner 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 mcurtis@ci.orono.mn.us RE: Vacating the existing 10-foot drainage and utility easement at 2885 Little Orchard Way & 855 old Crystal Bay Road South. Orono, MN. Dear Ms. Curtis CenterPoint Energy has no objection or issues related to Vacating the existing 10- foot drainage and utility easement at 2885 Little Orchard Way & 855 old Crystal Bay Road South. Orono, MN. Thank you for the advance notice. If you have any questions, please feel free to call me at 612-321-5381. Respectfully, CENTERPOINT ENERGY ei Chuck Mayers, SRWA Right of Way Agent III charle.mayers@centerPointenergy.com pc: Keith F. Collver, C&M Supervisor, CenterPoint Energy David A. Olson, C&M Advance Foreperson, CenterPoint Energy Dan Christensen, Area Engineer, CenterPoint Energy From: Niess,Shawn To: Christine Mattson;Easement,Nre; Rashad,Methuria L;"nicole.milbrath(Dcenturvlink.com" Cc: Melanie Curtis Subject: RE: D/U Easement Vacation Request-Little Orchard Way&Old Crystal Bay Road S;Orono,MN Date: Wednesday,July 10,2019 11:35:23 AM Attachments: imaoe003.ioq Good Morning, CenturyLink is okay with this D&U Easement vacation between 2885 Little Orchard Way & 855 Old Crystal Bay Road S. Thank you. Shawn Niess Engineer II 425 Monroe Street Anoka, MN 55303 tel: 651-312-5389 cell: 612-352-8543 shawn.niess©a centurylink.com RUN DATE:06/18/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 04-117-23 34 0015 38 09-117-23 21 0017 JUDSON M DAYTON ETAL TRSTEES KOOLWUNDA LLC 38 ADDRESS PENDING 799 OLD CRYSTAL BAY RD S ORONO MN 00000 ORONO MN 00000 JUDSON M DAYTON KOOLWUNDA LLC 121 8TH ST S#860 640 LOCUST HILLS DR MINNEAPOLIS MN 55402 WAYZATA MN 55391 38 09.117.23 21 0007 3 9-117-23 21 0018 JAY R SWENSON JUD N M DAYTON ETAL TRSTEES 2850 LITTLE ORCHARD WAY 825 OL CRYSTAL BAY RD S ORONO MN 55391 ORONO 00000 JAY R SWENSON JUDSON M YTON 2850 LITTLE ORCHARD WAY 121 8TH ST S# WAYZATA MN 55391 MINNEAPOLIS 55402 38 09-117-23 21 0008 W R LANGTON&M K LANGTON 2870 LITTLE ORCHARD WAY ORONO MN 55391 WILLIAM R LANGTON MICHELLE K LANGTON 2870 LITTLE ORCHARD WAY WAYZATA MN 55391 38 09-117-23 210009 OCBR I LLC 2885 LITTLE ORCHARD WAY ORONO MN 55391 OCBR 1 LLC ATTN RITA SCHEPERS 4567 AMERICAN BLVD W BLOOMINGTON MN 55437 38 09-117-23 21 0910 MARY L HOLMES 2865 LITTLE ORCHARD WAY ORONO MN 55391 MARY L HOLMES 2865 LITTLE ORCHARD WAY WAYZATA MN 55391 38 09-117-23 21 0011 S S BERGERSON&A BERGERSON 2845 LITTLE ORCHARD WAY ORONO MN 55391 SHAWN S BERGERSON 2845 LITTLE ORCHARD WAY WAYZATA MN 55391 38 09-117-23 21 0012 TONKAHOME HOLDINGS LLC 2825 LITTLE ORCHARD WAY ORONO MN 55391 DAVID W SCHWARTZ 115 PASTURES LA NEW CANAAN CT 06840 38 09-117-23 21 0013 LITTLE ORCHARD HMNRS ASSN DDRESS UNASSIGNED OROMN 00000 DAVID W WARTZ 115 PASTURES NEW CANAAN CT 0 342 38 09-117-23 21 0015 BRI LLC 855: D CRYSTAL BAY RD S ORONO -I 00000 OCBR 1 LLC 4567 AMERICAN: I W BLOOMINGTON MN 5 - 38 09-117-23 21 0016 OCBR 2 LLC 845 OLD CRYSTAL BAY RD S ORONO MN 00000 OCBR2LLC 4567 AMERICAN BLVD W BLOOMINGTON MN 55437 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:6/18/2019 i 2£+35 2611 i r 05i 2943 1 tat • o • "rt h. f a � 2885 r t11 28701 (is) - w a r Y 't9t i Y & 3Wtl'*'. :s V 1 v \ 2850 .,t- , t <: 2865 ('ai I ` ' ,4 2845 (nt Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I III I I I 855 Old Crystal Bay Road S This data (i) is furn'shed 'AS IS' with no representation as to completeness or accuracy;(i)is furnished ttithnouaerranty of any khd; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not beilable foranydamage,injury or loss resulting from this data. For more Information,contact Hennepin CountyGlS Office 300 6th Street South,Minneapolis,MN 55487/gis.lnfo@hennepin.us Date Application Received: June 17,2019 Date Application Considered as Complete:June 19,2019 "VLO.Ai 60-Day Review Period Expires: August 18,2019 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator �A suO From: Jeremy Barnhart, Community Development Director Date: July 15, 2019 Subject: #LA19-000047, Scott Gates o/b/o Kruckeberg Real Estate Holdings LLC, 4400 Deering Comprehensive Plan Amendment: Expand Metropolitan Urban Service Area Public Hearing Application Summary: The applicant is requesting modification to the 2040 Community Management Plan, expanding the Metropolitan Urban Service Area (MUSA) boundary to incorporate Deering Island. Staff Recommendation: Planning Department Staff recommends approval as proposed. Background The applicant, representing the owner, is requesting incorporation of Deering island into the city of Orono's MUSA boundary. This expansion would allow them to be served by municipal sanitary sewer services. Service would be provided by the City of Mound. Deering Island is a 2.79 acre island located in West Arm Bay about 460 feet from land within the city of Mound. The property owner of Deering Island also owns the most adjacent parcel in Mound, through which a service line would be extended, connecting to Mounds system. This project was the subject of a concept review in February, 2019,which was generally supported. Minutes from that meeting are attached as Exhibit F. A formal application to amend the Community Management Plan could not be processed until the Met Council approved the plan, which occurred in June, 2019. FILE#LA19-000047 July 15,2019 Page 2 of 3 Analysis The Comprehensive Plan, in Chapter 4B, provides guidance for considering MUSA boundary expansions, attached as Exhibit E. Included within the narrative is table 4B-12, which lists priorities when considering expansion requests: Table 4&12:MUSA Expansion Priorities Priority 1 Properties that abut the shoreline of Lake Minnetonka and all other Orono lakes Properties that abut City-protected tributaries,and all other properties within the Priority 2 Shoreland Overlay District Existing substandard developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems abd do not have an alternative site available Priority 3 to replace said system. Priority 4 New development using clustering that permanently preserves blocks of open space. Conforming developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems and do not have an alternative site available to replace Priority 5 said system. Priority 6 New or existing development not covered by priorities 1,2,3,4,or 5. 4400 Deering Island meets Priority 1. The Comp plan considers conditions: Conditions Expansion of the MUSA on the established prioritized basis noted above will occur only when one of the following conditions is found: 1. When an area of existing homes has failing or non-conforming septic systems and replacement drain field sites are not available for a significant share of the existing homes. 2. When an individual home has a failing or non-conforming septic system.does not have an alternate drain field site. is adjacent to existing sewer lines, and is not part of a neighborhood that could be better served by a neighborhood sewer lateral project. 3. When a new or existing residential development meeting all required development standards is adjacent to existing sewer lines and the developer or homeowners agree to bear all costs of extending municipal sewer to the development,but only when inclusion of such development in the MUSA will not result in a decrease in the City's severed density as calculated by the Metropolitan Council. Condition 1 is met, as the site was determined to be non-compliant in 2001 due to vertical separation with the water table replacement sites would require significant tree removal. Density. Expansion of the MUSA boundary does not inherently increase the density of a given parcel; MUSA boundary and land use is independent. The property is currently zoned seasonal residential, which requires a 5 acre minimum lot size. The 2.79 acre parcel is non-conforming. Subdivision to create additional lots would require a variance,the City Council has historically not supported such variances.The applicant has not indicated a desire to subdivide or add additional housing units. FILE#LA19-000047 July 15,2019 Page 3 of 3 Engineer Comments During the concept review, the issue of how the service line will be extended was raised, with some concern regarding impact to the lake. Final engineering must be approved by the Minnesota State DNR, as the service line will be under the lake bed. Staff recommends that an agreement with the City of Mound be formally adopted prior to the amendment taking effect. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the proposal satisfies that standards suggested by the Community Management Plan. 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval as proposed. List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Existing Survey Exhibit D. Mound informational letter Exhibit E. MUSA boundary discussion, Chapter 4B excerpt Exhibit F. Minutes from CC meeting 3-11-19 Exhibit G. Public Notice information Land Use Application Summary Application Date: 06/17/2019 Address: 4400 DEERING MOUND, MN 55364 Parcel Number: 1811723310001 Land Use Number: LA19-000047 Application Submitted Agent on behalf of property owner By: Owner: Name: KRUCKEBERG REAL ESTATE Address: HOLDINGS LLC 500 MINIMIZER WAY BLOOMING PRAIRIE, MN 55917 Applicant: Name: Scott Gates Company: Address: 545 2nd Street #298, EXCELSIOR EXCELSIOR, MN 55331 scottagates@msn.com Contact Information: Associated Contact: Dan Gallus D.gallus@mchsi.com Associated Contact: KRUCKEBERG REAL ESTATE Associated Contact: Associated Contact: Project Description: Deering Island MUSA Extension Land Use Application Amendmend Application Type: Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: - MUSA EXTENSION - DEERING ISLAND 4400 Deering Island Orono, MN 55364 Hennepin County PROPERTY DATA: • 3.02 +1- acres Island on Lake Minnetonka • Includes an appx. 1,100 sq ft 2BR one level home • Electric is run from mainland • Water (well) and sewer (septic system) • Zoning is "Seasonal Recreation" thru City of Orono MUSA EXTENSION PROPOSAL—DEERING ISLAND The 4400 Deering Island property is now under common ownership with the property directly across the channel to the West at the end of Shorewood Lane in Mound, MN. The island has a private well and septic system at present. The septic system is older and was planned to be upgraded by the new owner at some point. The Mound property is currently undergoing reconstruction, and during meetings with the City of Mound a suggestion was made by Mound staff that city services could possibly be run to the island during construction of the Shorewood Lane property. Mound staff, including Planning and Public Works have indicated a willingness to provide City utility services to Deering Island, provided the City of Orono agreed and approved. It was identified that a requirement of approval would include extending MUSA boundaries to include Deering Island. An informal conversation with the Met Council indicated such an extension would be possible. In speaking with City of Orono staff, it appears an extension of City services to the island would be consistent with Orono's policy of providing lakeshore properties with municipal sewer (and water). The owners representatives have investigated feasibility of this project and found it possible, and potentially favorable. The island is appx. 475 feet from shoreline to shoreline from the owners Mound property. Extending services would involve directional boring, under the lake bottom, an estimated appx. 650 feet in total. It appears costs will be higher than replacing existing septic (and possibly well), but considering the other benefits and long term value the higher cost may be justified. The first step in this process would be Orono approving a Comprehensive Plan Amendment to extend MUSA boundaries to include Deering Island. Once approved by Orono application would be made to Met Council. Our understanding in speaking with Met Council and others is this is a relatively simple process, often a simple administrative action, however, due to their ongoing 2040 Comp Plan amendment process, it may take significant additional time than normal. Boring contractors have indicated a preference in doing this work during winter conditions. The new construction on the Shorewood property is expected to be complete and new landscaping installed by fall 2019. If this boring project cannot be undertaken until winter 2019, it will require disruption of that new landscaping, and as such completing the approval process as quickly as possible is a priority. Once approved by the City of Orono and Met Council, the following actions would also be completed; a joint agreement between Orono and Mound to provide Mound municipal services, a permit from the DNR, a SAC(/WAC) fee determination would be made, and construction permits would be obtained. The owners respectfully ask the City of Orono to consider this request for MUSA extension at it's earliest convenience, and, if approved, submission of a Comp. Plan Amendment to extend MUSA boundaries to include the Deering Island property be submitted for approval to the Met Council. Scott Gates Owners Representative 612-670-7268 scottagates©msn.com t 4,p4''' . ' " A.--.*,,,,,. ..- , .. ... -. ..-.:. 400 \erocor.,...„, -..elii'l.'',..,",-4"...k,0?;'''''',"-**4•11'1 • ''''';44,1,01*") 0, 'x w. iiil,,, www► y s' Building Permit Survey t -- _ '= Prepared for: ' Don Gallus / �/ () .1 11,, \ o ` \ tr \\\ r� \ ro ce•ra; Ienena a \ \\ cp C ® Located Lath \ \ \\\\\ ®Existing Well 53 ' / Top.of W lIm 46.0 \‘‘\ " ®Electrical Pedestal ',N\�\ \ ra,Utility Pole I 98.8\ i 1 • 9/// \ `12.86 Acres --Existing 1.1 \\ y i 1--L'-las.__ r ' / ,v� � House \\\,.., _ r ,/ - } FFE 948.1 \,� ro - -938",_ -..i- I Lake Minnetonka / r_Snafe�� Top of/ce-929.0(1/2/19) J U Ordinary High Wafer=929.4(per MnONR) L. =. N . - site Address: An,mdnry nesrrinfinn(suoafied by client) \ \ --snarerno-_ '=I 9400 Deering Island Government Lot 9,Section 18, Township 117 North, ._)00 "".. Benchmark Orono,MN 55364 Range 23 West o1 the Fifth Principle Meridian, l Subject County,din easements oto / /,/ Hennemnrk' Subject to any and all ea en fs of record. LoHecated Coty Contral Point ding. SAMS. Located at North Arm boot landing. Note; Elevation=940.04 NGV019 and mall ofl ads acres includes both the large and small islands. - Bearings based on assumed datum. I hereby certify that this certificate of survey was prepared by me Job Number: 8799 SCHOBORG or under my direct supervision and that/am a duly Registered Book/Page Ll Land Surveyor under the ws of.he State of Minnesota. Survey Dote: 1/2/I8 SCALE LA D SERVICES � - Orowinq Nome: gollus.dwq o e s 5 a INC. 6). ------ Raul > Drown by DMS i/�. 6.— Revisions Pau! Schoborg t inch= 50 feet 763-972-3221 8907 Ca Rd.IS 50 www.5chobusLundcon Delon,.MN 55328 Dote:Nil7. g-O/____ Registration No. 14700 2415 WILSHIRE BOULEVARD•MOUND,MN 55364-1668•PH:952-472-0600° FAX:95Z-472-0620°WWW.CFTYOFMOUND,COM February 5, 2019 By US Mail and Email Jeremy Barnhart,AICP City of Orono 2750 Kelley Parkway Orono, MN 55356-4510 RE: Inquiry Regarding Sewer Extension from City of Mound to Property at 4400 Doering Island in the City of Orono Dear Mr. Barnhart: Thank you for your email inquiry dated February 1, 2019 about the proposed extension of sewer from the City of Mound to the property located at 4400 Doering Island in the City of Orono. Staff respectfully offers the following information: 1. The City of Mound would require some form of formal release from the City of Orono, in the form of a memorandum or letter to the owner, allowing the owner to seek connection to Mound-owned utility systems in lieu of separate private systems as there are only impractical or no options to connect to Orono systems. The City of Mound should be included as a recipient on this letter. 2. If released by the City of Orono, the City of Mound would allow for connection of this property to its water and sewer systems,subject to the collection of SAC, Sewer Trunk Area Charges,and Water Trunk Area Charges(number of units TAD). This would initiate quarterly utility billing against the property that would be billed directly to the property by the City of Mound. 3. The City of Mound would consider the connection infrastructure to be fully private services beyond the existing limits of Mound public infrastructure and the responsibility of the owner to maintain over time. 4. The City of Mound would anticipate the owner gaining any and/or all easement(s), as may be necessary,for the lateral corridors. The owner shall also be responsible for obtaining any/all other-agency permits for the waterbody crossing and related construction activity and providing copies of all required permits to the City of Mound prior to the commencement of any involved or related work. Mr.Jeremy Barnhart Page 2 February 5, 2019 5. Mound's extension of sewer outside of the City of Mound's corporate boundaries for the subject property in Orono will require formal approval by the Mound City Council. Please feel free to contact me at 952-472-0609 or by email at Erichoversten@cityofmound.com. Best regards, tic Hoversten City Manager/Director of Public Works Cc: Sarah Smith,Community Development Director CMP Part 4B. Sanitary Sewer Plan Table 4B-11: Recently Completed I& I Reduction Projects Project Description Cost 2013 Sewer Lining of 4288 Feet of Gravity main; $ 136,786.00 Rehabilitation Manhole lining and joint sealing 2014 Sewer Lining of 4000 Feet of Gravity main;4 $ 239,167.00 Rehabilitation Manhole rehabilitations 2015 Sewer Lining of 4,915 Feet of Gravity main;35 $ 246,198.00 Rehabilitation Lateral linings; 11 Manhole rehabilitations 2016 Sewer Lining of 6,091 Feet of Gravity main; 20 $ 215,177.00 Rehabilitation Manhole joint sealed 2017 Sewer $ 213,338.00 Rehabilitation Lining of 5,026 Feet of Gravity main GOALS AND POLICIES Goals 1. To provide an adequate, safe level of sewage treatment and waste water disposal for all residences and other occupied properties in the City. 2. To protect Lake Minnetonka, other lakes and streams, surface and ground waters from sewage effluent pollution. 3. To achieve the above goals within the financial capabilities of the City and its citizens without becoming an intolerable burden on the landowners or taxpayers. Policies 1. The primary method of sewage treatment and disposal within the Urban Service Area will be municipal sewer. 2. The primary method of sewage treatment and disposal within the Rural Area will be individual on-site systems, because: a. The cost of providing municipal sewer service to the Rural Area is high due to the low density of development and due to the varied topography. b. Development of the Rural Area at densities which would keep the cost of municipal sewer low,would be counterproductive to the City's primary goal of protecting Lake Minnetonka and other Orono lakes. 3. The Metropolitan Urban Service Area (MUSA) boundary in Orono will define areas where sewer exists or where it may be extended to serve existing or new development, but will not define the areas where general urban services will be provided, and it will not define the boundary between higher density and low-density development. City of Orono Community Management Plan 2020-2040 Part 4B, Page 12 CMP Part 4B. Sanitary Sewer Plan 4. Orono will provide municipal sewer extensions to lakeshore areas and non-lakeshore areas within the MUSA when it is determined that municipal sewer is preferable to long-term use of on-site sewage treatment systems. 5. The costs of extending municipal sewer to existing neighborhoods will be borne primarily by the property owners being served. 6. The costs of extending municipal sewer to serve new residential and nonresidential development will be borne entirely by the developer. FUTURE SANITARY SEWER SYSTEM Orono's Plan for future sewer facilities includes upgrades to certain existing local sewer facilities, expansions of the system to service properties currently in the MUSA, and retrofitting a small number of existing neighborhoods with municipal sewer service. These system improvements and expansions are not expected to require additional capacity allocation in metropolitan sewer facilities. MUSA Expansion The city proposes a minor expansion of the MUSA within the time period covered by this plan. This addition is shown on Map 4B-2 as area 51. Future demands on the sanity sewer system will come as areas within the existing MUSA develop. While the City has no staged development plan, and currently has not scheduled projects outside the existing MUSA,any future MUSA expansions will be considered within the context of the following guidelines: The city will use the priorities outlined in Table 4B-12 to assess whether or not to request a MUSA expansion from the Metropolitan Council. Table 4B-12: MUSA Expansion Priorities Priority 1 Properties that abut the shoreline of Lake Minnetonka and all other Orono lakes Properties that abut City-protected tributaries, and all other properties within the Priority 2 Shoreland Overlay District Existing substandard developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems abd do not have an alternative site available Priority 3 to replace said system. Priority 4 New development using clustering that permanently preserves blocks of open space. Conforming developed lots not covered by Priorities 1 and 2 and developed prior to 1985 that have failing septic systems and do not have an alternative site available to replace Priority 5 said system. Priority 6 New or existing development not covered by priorities 1, 2, 3,4, or 5. City of Orono Community Management Plan 2020-2040 Part 4B, Page 13 CMP Part 4B. Sanitary Sewer Plan Conditions Expansion of the MUSA on the established prioritized basis noted above will occur only when one of the following conditions is found: 1. When an area of existing homes has failing or non-conforming septic systems and replacement drain field sites are not available for a significant share of the existing homes. 2. When an individual home has a failing or non-conforming septic system, does not have an alternate drain field site, is adjacent to existing sewer lines, and is not part of a neighborhood that could be better served by a neighborhood sewer lateral project. 3. When a new or existing residential development meeting all required development standards is adjacent to existing sewer lines and the developer or homeowners agree to bear all costs of extending municipal sewer to the development,but only when inclusion of such development in the MUSA will not result in a decrease in the City's sewered density as calculated by the Metropolitan Council. Future Sanitary Sewer Improvements The City's focus on future sanitary sewer needs will be on a limited number of extensions to service new developments within the existing urban area/ MUSA and maintenance to include I&I mitigation of the existing system. Future Sewer Expansion Projects Table 4B-13 below lists possible future sewer expansion projects. Project #4 listed below may include a new connection to a MCES collector. Table 4B-13:Projects Improvement Projected Year of Triggering Completion Event Orono Preserve Development-Sewer main to 1 serve 39 new homes 2018 Subdivision Shadywood Villas Development-Sewer main to 2 serve 7 single family homes 2018 Subdivision Brackets Point Sewer Main replacement- Replacement of existing gravity main with a 3 forcemain and lift station,away from the lake 2018 Subdivision CSAH 112 Sewer Main Extension - Extension of sewer main west along CSAH 112 from Old Crystal Bay Road to serve future developments planned on CSAH 4 the south side of CSAH 112. 2019 turnback 5 Wildhurst 2019 Subdivision City of Orono Community Management Plan 2020-2040 Part 4B, Page 14 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 11,2019 7:00 o'clock p.m. Patrick Brama, Trident Development, asked what amount of density the Council is comfortable with since the Comprehensive Plan shows 20 to 25 units per acre. Walsh stated they are looking for something that is comparable to what is across the street, which is a townhome style development. Brama stated it sounds like density is one factor. Brama asked whether the Council's preference is for it to be a detached product and whether multi-family with six to eight units would be something the Council would consider. Crosby indicated he is looking at more of a townhome type development. Walsh stated two to three units is good, which is similar to what is across the street. Todd Cushman, Trident Development, stated the City's Comprehensive Plan specified this area to be a high-density area and that it seems like the Council's comments are that they are looking to have medium density instead. Walsh noted the Comprehensive Plan is a guiding document and that a number of things have changed over the last18 months. In addition, Orono Preserve was guided for seven to ten units per acre but that did not work and that ended up being three units per acre. The City Council is looking at how the project fits into the community. Walsh stated for those people who live in Orono,the way of life is more rural, and it has been that way for generations. The City strives to keep density low,and while the City has to provide opportunities for higher-density development,the City does not have to actually approve the higher density projects. Due to some other recent projects, the City has met its density numbers. Walsh stated the concept plan allows the applicant to get the feedback of the City Council without incurring all the costs associated with a formal application. Barnhart noted one component was the density number,which is three units per acre, and the second component was the opportunity to provide housing for projected growth. Barnhart stated the City Council may have to have a conversation about where to put the higher density that was proposed for this site elsewhere. The City Council took no formal action on this item. 14. LA19-000002—SCOTT GATES ON BEHALF OF KRUCKEBERG REAL ESTATE, 4400 DEERING ISLAND, CONCEPT PLAN—AMEND MUSA BOUNDARY Barnhart stated this is a request for the City Council to consider an amendment to the Comprehensive Plan by expanding the MUSA boundary. The applicant would like to incorporate Deering Island into MUSA, which would thereby give it the opportunity to connect to sanitary sewer through the City of Mound. Page 12 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 11,2019 7:00 o'clock p.m. The City's Comprehensive Plan does talk about expansion of the MUSA. The first guideline is to look to serve properties that are adjacent to the lake. The 2040 Comprehensive Plan includes six priorities as guides for considering modification to the MUSA. The first priority is the property must abut the shoreline of Lake Minnetonka, which this property does. The existing home must have a failing or non-conforming septic system and replacement drain field sites are not available. In the City's sewered areas, the City has to maintain a general density of 3.0 units or more. Orono's density ratio is currently above three units, and if the Comprehensive Plan is amended, it would drop it slightly to 4.11 percent. Additional information as to the status of the system and alternative sites is necessary prior to formal application. Based on the information provided, it does appear that the island fits priority one and condition two can be satisfied. Condition three cannot be fully met. At this time the applicant is looking for feedback on the proposed modification to the Comprehensive Plan. Staff does not see this as opening the door to high density in the area. Walsh stated without owning both pieces,they would probably not get an easement, and if the City includes this property in the MUSA, it would drop the City's density number even though Mound is supplying the sewer. The City included Wildhurst because it was felt to be better for the environment if the development was sewered. Seals noted there is a problem with the quality of water for Lake Minnetonka, and questioned how they would know if the pipe fails if it is 10 feet underground. If the pipe does fail,who would pay for it to be repaired. Seals stated when you think of other islands like Big Island,the impact there is greater, and that this might not be as straight forward as it first appeared. Barnhart stated that is one of the six priorities that should be considered for expansion and that the Council could have a conversation with any number of communities about serving Big Island. Seals commented this could have a domino effect. Barnhart noted there are a number of permits and inspections that would be required as part of the installation. Seals asked if the City has done anything similar on the lake. Rief noted Ivy Place runs under the lagoon and the City of Mound has also bored under the water. Crosby asked if the property owner is looking to construct a bridge eventually. Barnhart stated not to his knowledge. Johnson noted there is a house out there currently. Walsh asked who would be responsible if it fails. Page 13 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 11,2019 7:00 o'clock p.m. Barnhart indicated it would be considered a service line and would be the responsibility of the City of Mound and not the responsibility of Orono. There is no potential to subdivide Deering Island since it has a 5-acre minimum lot size. Printup stated Wildhurst was more of a neighborhood and not an island. Johnson noted the applicant would be responsible for the expense of putting it in, and asked what happens when the pipe experiences a problem. Seals asked how they would know there is a problem since it will be under the lake. Johnson stated the obligation is on Mound and that this is kind of like a private road where the property owners on the road are responsible for it. Scott Gates, Applicant, stated this is a bit of a unique situation and that they originally did not set out to do this. The house is being rebuilt and over the years they have had a number of issues with flooding. In a conversation with the City of Mound, it was suggested they consider running some sewer out there. Gates indicated he researched it a little bit since he has not bored under a lake either. It is not unusual these days to bore underground. It is more expensive,but then it is expensive to do a septic system on an island. The existing septic system is old and will need to be replaced in the near future. If you start to balance the costs,the upfront costs are more but it will have more long-term benefits. The thought is that it might balance out cost-wise, but it will be more environmentally friendly. Gates commented this is a bigger vision kind of thing and that the contractors he has spoken to feel it is doable. The cost would be approximately 40 percent more expensive. The ten feet is a requirement from the DNR and his understanding is it is a fairly routine permit. The engineers have indicated it would be a typical waste pressurized line. Gates stated his understanding in conversations with Mound and the engineers is it would be treated as a service to the house from the departure point in Mound. From the manhole out to the island, which would be a gravity fee,would be treated as a residential service and it would be the homeowner's responsibility to build it and maintain it. It is pretty stable technology and the likelihood of it breaking is pretty small. Given that it is waste, a person will likely know about it sooner or later if there was a leak. Currently there is a small home on the island that has been there for many years. At the present time the owner plans to use it as a family compound but at some day in the future that could change. Currently some outbuildings could be built and possibly one more home,but it is not subdividable. Bringing sewer to the island does not make a subdivision possible. Walsh stated he does not see any downfall to it except if it fails,the sewage will go into the water. Gates stated on the north side of the island there is some bluff approximately 12 to 18 feet above the water level and the southwest corner is fairly low. If there is some type of failure in the septic field, it will go laterally and ultimately into the lake. In addition, a good portion of the island is treed and it would be necessary to remove a number of them in order to install a new septic field. Walsh noted the City expanded the MUSA on Brown Road and on Wildhurst. Page 14 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 11,2019 7:00 o'clock p.m. Gates stated once this was suggested by Mound, they decided to look at it further. Crosby commented there appears to be more upside than downside and that there will be no cost to the City of Orono. Walsh noted there are sewer sites 30 feet away from the lakeshore. Printup noted this would only be serving one property and that he is not sure he likes that idea. While there is no cost to the City, he is not sure what the benefit is. Crosby stated the benefit is probably more environmentally long-term. Walsh noted the City created a development review committee to make things easier to accomplish, especially if it makes sense. Crosby commented the City is not in the business of saying no simply to say no. Seals stated she is not convinced there is no issue with boring under the lake. Johnson stated the City will want to have the confidence that it is a good system and that the lake is protected. Crosby stated in his view getting rid of the old septic system would be more beneficial. Seals stated they should perhaps do Big Island first, and that while she can appreciate both sides, she is not totally convinced. Johnson stated if the City of Mound is going to take responsibility for it in the future, he is more comfortable about it. Printup questioned what would happen next if other single properties want to be included in the MUSA. Johnson stated one of the components for Big Island is that they have to have a septic tank compliance test every few years and that there are issues with the soil. The current system is not a super system and the City does not push them to stay within their compliance period. If city sewer ended up out at Big Island, it would potentially clean things up and the City Council will just need to trust that the engineering piece is done appropriately. Crosby indicated he is comfortable with it. Walsh stated generally there appears to be support on the Council for the request. Barnhart noted any conditions the City Council would like to see would be part of a formal agreement. Seals stated it would be helpful to see some of the science behind this, especially because there are already some problems out on the lake and the City wants to ensure there will be no issues. Page 15 of 16 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 11,2019 7:00 o'clock p.m. Gates noted those items will be covered in the formal application and that they will need to go back before the Planning Commission and City Council before anything is approved. MAYOR/COUNCIL REPORT Seals stated whenever there are impending storms,the fire department has some of its volunteers be at the station to help improve their response times. Seals stated that is not very costly but it is a great benefit to the citizens. Crosby noted on March 2nd Marleena Dieterich from Delano away in a car crash in Independence. Crosby encouraged Orono's residents to contact their representatives and request that a complete jersey barrier be installed for the whole length of Highway 12 to help stop fatalities on that road. Crosby stated his heart breaks for this young girl's family and that they should not let it happen in vain. Walsh noted on Wednesday at noon he will be speaking with the Chamber of Commerce at the fire station and that the residents are invited to attend. That evening there will be a meet the mayor night in Mound, with the mayors from the Cities of Mound,Minnetrista, and Orono being in attendance. CITY ADMINISTRATOR REPORT Rief reported Staff is in active mode of trying to open storm drains. The City had over six inches of water sitting on Watertown Road and the meteorologists are predicting another two to three inches of rain over the next few days. If someone sees an issue, please call the Public Works Department. Crosby requested Staff also verify that the fire hydrants are as clear of snow and ice as possible. CITY ATTORNEY REPORT 15. CLOSED MEETING The meeting will be closed as permitted by Section 13D.03 to discuss the City's labor negotiation strategy related to the City's negotiations with the LELS union. Crosby moved,Printup seconded,to enter into closed executive session to discuss labor negotiations. VOTE: Ayes 5,Nays 0. (The City Council went into closed executive session from 8:55 p.m. to p.m.) ADJOURNMENT moved, seconded, to adjourn the Orono City Council meeting at p.m. VOTE: Ayes 4,Nays 0. ATTEST: Anna Carlson, City Clerk Dennis Walsh,Mayor Page 16 of 16 Hennepin Hennepin County Locate & Notify Map Date: 6/18/2019 • t o s rt is may. • ,• g� z*". _ -, -,,,,,,,:?-,;,:::-.,,,,,,,,,R-,-.'----%--': : ' 5• j it' yo- s • e xi €_ -_ ��:. � t "3 4� nh,. x i' _�rr �d,'L� t.' 3 eug;,_ �' _ -- x �j" _ O"{ f,t.�,( > . ft Z +� s'`'pit L. .: ' r �>r`� 'R � �� 4� �� _'j� z � � tri ' >°� s� ::111;-1..il*tliie!"-A-41.114*4,11111 tifir* } v i '''r,Fe#A147:4-.3-k.:11110P-'; SI ysr , �, =max 3,.. � �tF'i`. -.� ��r �t �� 'v lstand .�`� ` -;s: :::::„.„.i.,;;4.41;;:",itZ;L!;:::: '''''7":=4%;.. : .s a s Mif t- s � - _ d M ii ;741111%.10t.fle:704}4t0144'. (� , tilt WSq - E° A{l Ti� n x * >� Atait `h---{ -_ ��-, mac'',(v��y, � tf3 �1f +Ali:k ,1.7717,4k!-' � �`' t14 b #_ e F--x1J+may" _- K "L i �: �, � - �'�.r ri t� ��. � � �> ,�4 _ r :,'$'v. �"". y„�.,,,,,, ,,,..341.,,,,„:,..0,,,...7::,...4, ...:, .,.,4.:,,,,?,,,,:,,,,,„-u....,- _ -n:;-..--,-* *,,-,TF-�'_ to p"" 'B` _ - A+. +a'a i k- T;,%.&:„;„,- 'h"s4 s' 4,-.,:e4„. .- x�°� �W," ` i z a fit . ' f -.: 4. -i+c�;.. ..�3- 'r a k .fit �: -,--'S'T _" - fi}r ; fl! 4+ss. �..ss r `tom �' - ` Buffer Size: 500 0 50 100 200 Feet Map Comments: I l l l I I I I 4400 Deering Island mis data (i) s furnehd 'AS IS' with no representation as to completeness or accuracy, (i)is furnished withnowarranty of any lend; and (ii) is notsuitable for legal,angineering or surveying orpurpwses.Hennepin Countyshatl not beliableforany cehenn,injury loss resulting from this data. For mo re I of ormation,contact H ennepin County GIs Office 300 6th S treet S°'''h,M nn ea pd s,MN 55487/g s.i nfo@hennepin.us RUN DATE:06/18/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 18-117-23 31 0001 KRUCKEBERG RE EST HLDGS LLC 4400 DEERING ISLAND ORONO MN 55364 KRUCKEBERG REAL ESTATE HOLDINGS LLC 500 MINIMIZER WAY BLOOMING PRAIRIE MN 55917 85 18-117-23 31 0006 CRAIG D KRUCKEBERG REVOC TR 2072 SHOREWOOD LA MOUND MN 55364 CRAIG D KRUCKEBERG 500 MINIMIZER WAY SE BLOOMING PRAIRIE MN 55917 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: June 19,2019 O A TO Date Application Considered as Complete:July 1,2019 V 60-Day Review Period Expires: August 30,2019 To: Jon Ressler and Planning Commission Members t"1ktsHo¢''`r Dustin Rief, City Administrator From: Laura Oakden, Planner Date: July 15, 2019 Subject: LA19-000048, Premium Construction LLC, 2967 Casco Point Road,Variance, Public Hearing Application Summary: The applicant is requesting an average lakeshore setback, hardcover, lot area and lot width variances to construct a new home Staff Recommendation: Planning Department Staff recommends approval of the requested variances. Background The applicant is proposing to remove the existing home and detached garage and build a new home with an attached garage. The average lakeshore setback is unique for this property due to the neighboring lot to the north. This lot is flag shaped, with a long naoorwe finger providing the lake frontage, and the buildable portion set much further back. Due to this configuration, the subject lot is not buildable without an ALS variance. The current home is nonconforming due to this extreme setback and hardcover. The new home will be located closer to the lake that the existing home and within the average lakeshore setback. The applicant are proposing to build the new home with more massing forward of the average lakeshore setback compared to what is there today. The proposal also requires lot area, lot width and hardcover variances. The hardcover will decrease from the current level with the proposed plan but still over the 25% maximum. LOT ANALYSIS WORKSHEET Section 78-350-Setbacks: DISTRICT LR-1C Required Existing Proposed Street 30' Roughly 70' Roughly 45' Side (north) 7.8' 30' 12.5' Side (south) 7.8' 10' 8' Lakeshore 75' Roughly 170' 141 Average Lakeshore Currently nonconforming, not met Section 78-350-Lot Area/Width: DISTRICT LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' LA19-000048 July 15,2018 Page 2 of 5 Actual 20,943 s.f. (0.48 acre) 78' @ 75'/ 80'@ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 20,943 s.f. (0.48 acre) Allowed: 4,188.6 s.f. (20%) Proposed: 3,926 s.f. (18.7%) Section 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Existing Overlay District in Zone Hardcover Hardcover Proposed Hardcover Tier Tier 1 20,943 s.f. 5,235.75 s.f. 6,396 s.f. 6,093 s.f. (25%) (30.5 %) (29.5 %) Applicable Regulations: Variance (78-350) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district. Substandard properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped without variances if specific standards are met; such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can be installed or the lot is connected to a public sewer; and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for average lakeshore setback and hardcover variances results in the property's inability to conform to all of the standards above.Therefore, lot area and width variances are required in order to redevelop the property.The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Variance (78-1279) Average lakeshore setback. No principal or accessory building shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. The applicant is proposing a new home forward of this setback line. The current home encroaches into this setback due to the significant setback established by the neighbor to the north,that home is 258 feet from the lakeshore. The new proposed home on the property is set at 141 feet from the lakeshore.The home to the north is set so far behind the property, the ALS greatly limits a reasonable building envelope. The applicant is proposing the new home will be closer to the northern neighbor and closer to the lake that the current home. The neighbor to the north has submitted a signed acknowledgement form and had multiple discussions with staff regarding the project. LA19-000048 July 15,2018 Page 3 of 5 Variance (78-1700) Tier 1 parcels. Hardcover shall not exceed 25 percent of the gross lot area. The applicant is still proposing the hardcover to exceed the allowed 25%, though hardcover is proposed to decrease from 30.5%to 29.1% (roughly 300 sq.ft. less). Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The proposed variances are in harmony with the purpose of the Ordinance.The lot includes difficulties in its substandard size and width,and location of adjacent homes. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home on the substandard lot, exceeding 25% and average lakeshore setbacks, appears to be somewhat reasonable as the property's nonconforming size,the neighboring homes' orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level decreases overall from existing levels and the home is set to meet all other setbacks. b. There are circumstances unique to the property not created by the landowner; The nonconforming lot size and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level will decrease with the new proposed plan. The circumstances are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: LA19-000048 July 15,2018 Page 4 of 5 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a residential home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property's substandard size and orientation and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The property's nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, and average lakeshore variances are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested hardcover, lot area, lot width and average lakeshore setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variances for lot width, lot area, and average lakeshore set setback are necessary, and do not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Analysis Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties supporting granting the lot area, lot width, hardcover and average lakeshore setback variances for construction of a new home. Engineer Comments The Engineer has reviewed the proposal and recommends the home have gutters and to develop a drainage plan to ensure no runoff is directed to the neighboring properties or roadway. LA19-000048 July 15,2018 Page 5 of 5 Public Comments Neighbors has submitted signatures of support. 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? Specifically pertaining to the average lakeshore setback. 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval with engineer's comments for the lot area, lot width and hardcover variances. The Planning Commission should discuss the applicants desire to utilize the property for a larger home footprint. If the commission finds the proposed home meets the practical difficulties, staff recommends a motion to approve the average lakeshore setback variance. 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. Staff Annotated Survey Exhibit G. Neighbor Property Signatures Exhibit H. Plat Map and Addresses Letter View Land Use Application Summary Application Date: 06/19/2019 Address: 2967 CASCO POINT RD WAYZATA, MN 55391 Parcel Number: 2011723310064 Land Use Number: LA19-000048 Application Submitted By: Agent on behalf of property owner Owner: Name: TIMOTHY JOHN OARE Address: LESLIE MARIE DENNIS OARE 2967 CASCO POI INT RD WAYZATA, MN 55391 Applicant: Name: Robert Schmitt Company: Premium Construction LLC Address: 480 Emma Street Norwood Young America, MN 55368 r.p.schmitt@att.net Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Tear down and new house Land Use Application Type: Amendmend Application ❑ Appeal of Admin Decision Concept Application 0 Conditional Use Permit 0 Site Plan Application Subdivision Application 0 Subdivision Exception Vacation Application Variance Application ❑ Applicant Signature: file:///or-mail/...1%20thru/LA 19-000048%20(2967%20Casco%20Point%20Rd)%20Variance/Land%2OUse%20Application%20Summary.htm[7/9/2019 9:57:54 AM] Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000048 The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: yes 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The house at 2965 used to be a carriage house for our property and was split off several years ago and a narrow strip of land was extended to the lake for access approximately 20' at the lake. They are so far back from the lake next to the street that using the standard Average Setback procedures would not allow us to build anything larger than a two stall garage. 3. The variance, if granted, will not alter the essential character of the locality. Response: It would pull our porperty up in line with 2941 and 2975 instead of being set back and have a better feel in regards to the neighbors. The current total hardcover on the lot is more than what we are proposing at this time. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: yes Practical difficulties include, but are not limited to, inadequate access to direct sunlight for lar 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: yes 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: yes 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: yes 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: House at 2965 is an anomaly that makes using the standard methods implactical 9. The conditions do not apply generally to other land or structures in the district in which said land is located. sponse: yes 10. The granting of the application is necessary for the preservation and enjoyment of a file:///or-mail/.../LA19-000048%20(2967%20Casco%20Point%20Rd)%20Variance/Practical%20Difficulties%20Documentation%20Fonn.htm[7/9/2019 9:57:55 AM] Letter View substantial property right of the applicant. Response: yes 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: yes 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: Cannot construct a new home using current average setback rules due to the location of 2965 fife:///or-mail/.../LA19-000048%20(2967%20Casco%20Point%20Rd)%20Variance/Practical%20Difficulties%20Documentation%20Form.htm[7/9/2019 9:57:55 AM] 4.: 1 l . ,..... 1114 .... ,30,,,00 .7,0• 11101•14.1'. --.'------. ' Oillie, ,,,...., .4 .... i \ „, • . ,-5.P"5`•.*9 ' 954.7 ...10:;''' 4 465 .10,,)P-Nc, ..., :. c.-- --, •---.. E.O'' ....., 7,.> ,,--.1 N., ,.. illII O6'10b' c441::15''' ':„gis\''%';'„ 25 W" EXISTTNG '1'%.* 2' . -t",!, ‘• ''' –.P. J,7,14L..,,, ,•,,,i. , ,%.„4 . \ ' '95(12 TRACT a 951.0 ' igeolcis<1, Pato 304 Sq.Ft 356 Sq.Ft. 14,°"'''. House 1545 Sq.Ft 1 Garage 505 Sq.Ft. Patio, Walk 1148 Sq.Ft . o Denotes won monument Landscape 245 Sq.Ft Pit ' tr'Ae, '; ' ' '–"X='''' ^,) ,` ',; • Denotes found monument Walls 69 Sq.Ft .t).- ,) x 000.0 Denotes etastina elev. N AO' (000.0) Denotes proposed elev Total Hardcover 6396 Sq Ft. —w- Denotes surface drainage ti 1 N VE7'0.\fi 4 w . 20.93.2 SITE ADDRESS: x of Hardcover = 305X NC 2967 CASCO POINT ROAD • 'C • ,r.il oB • ' ,3c3 ,1' LEGAL DESCRIPTION: Ta .`,..-- 1-n . - Revised:6/11/2019 update ::: TRACT B, R.L.S. NO. 1470 Revised.3-16-05 Proposed Hardcover Breakdown 1 Rewsed,.30./4-05 Proposed Hardcover 'a I hereby cerbly that this survey,plan or report was prepared by me File Na. D CERTIFICATE OF SURVEY FOR: a_LILIRS-G:1 BRIE]: or under my direct superws,on and that I am a duly Registered Land 276 Surveyor under the Laws of the State of Minnesota 1 B I tl,VD St.RVEYORc, IVU. Nook–Page ri 3030 Harbor Lane No. i 426/31 11 7 .. ft),0 I)('l'ii.. tc;(li 1/-1 i i t Plymouth AIN 55447 David F.Crook Phone,(763)559-0908 Scale Fax t(76,3)559-0479 t, pp, February 21, 2005 Minn.Reg.Na 22414 1 11- 0 0 AX RETAINfirpg „,... WALLS TO RAIN 0 p T.O.WALL 966.0 ' 0 13 f WALL 964.0 0 .0 - 021 c..1 .0 1.0 55 AE7V4 AKKELJIVE % -/- C',. INuLUDINEI R f 'WIDE,, -C4 . ' 0' 0. ----.) • 4 :.RETAIN N AdruAL SETS be, o' 01 ..1#' 14) Fur .4 I i , : WALL 96 0 fa. .r. LLY7 TSing ,...."....."411.0V - .f.WA968.0 TD.K B.O.WALL 964.6 V...., 059 / \ cr CI 0 '41*. ABLI 5 4WITBACK gD;•,-,,,,,,,, AO v .. 1. \ cm. > (rox ''1•DH WIDTH) 411111.70/ ,, • ,7:MEW . „.•"72.11 I W0 f%I .... ii4le. .- si k ..ef- '.• \ , , . •.., I. 4- % - • \ '" \,),,TO 1'1)4 RE OVEn 14 6166.. `t•'...., 11.- -- /1. .,-BHE1L WED ...c-g, .eAL SETBACK ' , • ACTUAL RETBACk _,„„ak sem NAlki, ...... ."' "\.4 952.2 ., , SE 6g. • 1•• OO , it 4 vq. 4 .1111.4111 illk NEW ha Ir.•=966.5 -',•/.11..)/.. d 1 • ,, SETBACK E lk , EX.I.WI ..964.8 A.*/ " H.K it thr C.I \ KLIADING ROADRI f tillw ----I.K - . , 6 HARDCOVER sN, Existing Hardcover / rRA C B ig.BAHeirlIE \ ----.40, '52•8 x(- • ....... A • ABLE i BA& • x 951.2 ..........ka OX OF LOT OTH) tot. P.D. 304 Sq.Ft. ....<1..i. .0 356 Sq.Ft. A.° AL SETBACK "—VP House 1545 Sq.Ft. f• ww,,.,_ Garage 505 Sq.Ff. it /‘,„ Patio. Walk 1148 Sq.Ft. \\X" „ N ET.HOME Landscape Area 245 Sq.Ft. ...:•, , V1111176 69 0' Wolls 69 Sq.Ft. Existing Hardcover 6396 Sq.Ff. z 2 FT4 6 U LAKE '•.k\ , tiz, . 06.6b Lot Area 20943_2 Sq.Ft. 4 \ • .5 47 14 x of Hardcover = 30.5X Proposed Hardcover .12 p • . ... Walls. Patio 304 Sq.Ft. Z Ne*House 2122 Sq.Ft. '1:4°- at \,.,, . _5 0 SITE,.P...L,AN NeVe Garage 804 Sq.Ft. 7;4 f.'-h• ,.,..39 Patio 288 Sq.FL 21:4 6 A, , 6, Drive&Sidewalk 1506 Sq.Ft. 3Q n. VO ? Porches644 Sq.Ft. Ex. Retained Walls 69 Sq.Ft. A 0'F.?•. Total Hardcover 6093 Sq.Ft. =- Lot Area 209432 Sq.Ft. ,..= X ofHardcover = 29.1X AlloWoble Hardcover 5234 Sq.Ft. Lot Area 20936 Sq.Ft. X of Hardcover = 25.0X 0 opwaL wn6 ..o.er... IL`d":ra T.in, ... N M M ew+: ... r du▪WAY WW.0011*mur. AM -I- . -,4_,....11).__________1 ) TA 4 L.-..I + 111 1 II MIMI 6 � 0 mom: 11 Far r "' z W6 U� 1 ZS' i A 0 MC a S.[T4 N J a!e x i0 a O, LOWER LEVEL PLAN.. e,...,...gqi..r....my v.e•p T.a, Z -1.1.0.11 row(•van 02/4.UM,Alms .0...•"9".•(7% 6:sf;:u NV1c4 NOOli 192:11d\-=, ...... I = 1 .F.. t = # 5 0;11 2.PC1 2 r•I L •.. 5:n I WE . r.1 tr' ''. C t'l El MTN 1 Mir 4 REM .1A.r _111 . I , . ._. I -sc miEc ___ eff0 i — I • _.,:,....:.1-- 1 a is a ,_„ II II 0 J ,I t 1 1 1 w 4 ME W i E iranii r 0.•••,M..1.0•21au au 311.•'14. E. in,Oa Ompri.Oar.bp pla.omi....”rt _ 11 -r,...diA ma wag mu.looN row r. mr•••1.0anilag 0=13.11•21.01 arb..1.1•011 Oa..t •••••••.1.11.0=1:0111.1 A... .1.1.114 Yid 11.1/1011•1•••=1.01•00.••a /-- •CILLON elipid metErou %tn.cm.mrsm. Vilar l'inatac, .... r OE.V.4,M7ES. .1..LLOK Mitl...2TIllb -- 1 ".• I .. t ... woo name woo.ma ma mew...u. .•:. “..m.L.,.sma•evm..a• rat, : NM El .,..z.v...„...........,,, it I1:CD 0 _r I LA ml no ,..1 • i: -:-i g311 I. 1, 0- illimi , P;ic im . m rar- mi , 0:....., __ • MI im[1, .,, r1-1 E3 E ;4 U Z,S C.4 , ,cA ,,,SECOND FLOOR PLAN , r4 0 C11 r14'' =coo;won masa',ANNA.In.won ,W Cii RIZ a,, -..t,.. ''.C1;:, r—t.. , A 3 0, IIS.1\1‘11.:141 s•— louul , `i ■■■:■■ i ■■iii ■Ili n ]II i I 1 ....,_„_., :: -'ma=r z z ---s REAR ELEVATION(ETREEThIDE) 1-""1"117:4N" .., w :II:�- ■ ■■� �, . 111111111 1111111 1 �..,F ;i:...........:...::: ii ii w Idqz: n u . ...I::.:::::r:.:.x.z.:.es,.z.a.:::a.a.r..ra:a.:xxn:ra,rr,.- E 1 I r::e::::^,iiiii ex�;:.: .en••r:i ii?, •..:.x.a..:x:x:...""ri...- -',i:I■I■�■II■I■I■I*Homo ;. I —•:::::::.:.:..:.: .:•:::..:..: F l�_... I -._.:•Illllllllllllllllllllllllilllillllllllllllll fuIIIIIIIIIIhIu�fVIIIIIIluIIVll.:r.:^ a.ax: I •.: I x u --.IIIIIIIIIIIIIIIIIIIVV:1111 I�JIIIIWIIIIIJIIIIVIIIIIV,IMI__: —:IIIcr.. inH IL........r'riiii'riii'r:•ii'r�•:■ :x..:. -:I IIIIIIIIIi IIIIIIIIIIII IIIIIIIIIIIIIIIIIIII. (IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII____�..r'•..•.......... .:, - - - _... O BIDE ELEVATION ""' 4 Ak ..11•11 11.. : ;E'.. ii LT: 111.1. •. ::: 1111.. � 111.1. ..nn 0000aci:; IllllllimmnmmllllC(�]I[�iiiilpiliiiiillpiiiNt,1 .. :11 .1... 1111. .1 LassE, IDIJL ,I,' O FRONT ELEVATION(LAKESIDE)OPT I igriN FaaiW? ?'?il:a::::;V':i 5:5 iii•::5}::::i'rra'ri'riciS r'riF is ij Viii:G 1111••:•iii r U ' I............:.:........ ..1............. z 111 ........... ;• '1111!!..••• 11II 11.I I I I :I .:::;;:::::: CC 1111 1111 II w ......!.. ........ 1:11:1... ....I L...I 1111. ' O 4 ........:...... • N:::':..1 1..... g:4:•:......................= ......... _ _^U :1.1:1:1:..•:::• 3 Q,- 1:11.1•.,.11:1 z 0 e O 6SDEELEvATION 7,'°:' 5 City of Orono oNo.. Hardcover Calculation Worksheet '\'',..1Property Address: 2 1 -S c a c- kfl) '�<<.•,••`% Prepared by: _ /.r 1<'a r • �� 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 W.i1 t kilo 7s'<,.c /.44_ 3,-z1 S.F. B S.F. c Q�ck -75 01 /qke -3_5-Ci S.F. D S.F. E Ne W ('i-.+,x,— 2/ 22 S.F. F S.F. G he c1 cs—A f Cb/ S.F. H J / S.F. I po.+(J d 5-s' S.F. J S.F. K pr/Je/5;1v /bf 05.r/f'P) y�lo S.F. L S.F. M Pcr%—I2S 6y</ S.F. N S.F. o En,f-fn4 r"2'1-' ,,,, ! ,--).kr Is- 6 r S.F. P J J S.F. o S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover GC-)GLS S.F. Excludable Hardcover(See City Code Sec 78-1684): ,e_,)(6--t,'2) W.11‘i 6 0 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 6'l S.F. (3) Net Proposed Hardcover[Subtract line(2)from line(1)] (Sp.,/4/ S.F. (4) Total Lot Area -.2O`j/3- o S.F. Proposed Hardcover Percentage [(3)+(4)] r2 R'-7 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 City of Orono iotio, Hardcover Calculation Worksheet Property Address: 9G-7 2 J // Caste �f�_ Prepared by: C c�c far Date: Ga Stormwater Quality Overlay District Tier:(Circle one) ier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1:EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to 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 Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A +.��is 1A46a Soy S.F. B S.F. Dec. ( 356 S.F. D S.F. E fq /6'7/ S.F. F S.F. Aye So S S.F. H J S.F. P c'.'}'i o ,-"J q/k f/yrs S.F. J S.F. .12a z/ S.F. L )) S.F. M L•hNSc._ed. 4,-, v1 y1 S.F. N S.F. O c...-Jc,tli 69 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 6391D S.F. Excludable Hardcover(See City Code Sec 78-1684): lea+L t't u-/ in -7 ' S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 2'i S.F. (4) Total Lot Area �O`1}C3.20 S.F. Proposed Hardcover Percentage [(3)+(4)1 �3 o 2) G (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 GVYrG�M 1'1ome. '°pmajeiIA o3ia ' � 11s�..' .... EX.R$TAfNINd y��.� kserOig� W WALfy TO REMAIN .,.,.I,r tpvd� W ON �0ryNe_ LQ�S�re.. : OOr p 9`OWALL 956..001 fJYkaAc.K ' 66°2sL 63 , 0 ((,,qq ` 0 g6A ..1t N O �ETBADX LINE /��$: NOU di I No 0 EX.HOUSE HOUSIE INCLUDINC R� /OWE %()% O``— , % .R AIN ACTUAL SETB:' 64 OO ,• /�� I -:.d,WALL B6 EX .:47.r NIN I WA OR AfN '� /i �, .WALL 968.0 9r ►� :91;11311: x 0 �fB.O.WALL 864.CA —� _ Q CT WWD �iI9y,.9y �.A\•/ I'. Ti d '11 Z O5 6 'ARi.9 OF �� Ex:de. E �� >.2�' 'r A N 6 166• D raoq x.70 : 'EMOTED P Nr-. �S .. I V AL fiETBAdX Co ACT%UAL SETBAtlX - EigA i r \�9sz�` + , . 52 Y rn ,6, ,s . ,. gsp, \ 9sl d T�PROPOSED HARDCOVER w INDOW tr, s, ‘,.... „ . TRAC B A s , pAtlX Existing Hardcover 'w x 951 2 ® ...OF LO'' 0TH) K'alls, Patio 304 Sq.Ft. l 9 0 Deck 356 Sq.Ft. "/f A:UAL PETBALV � �� House 1545 Sq.Ft. ' k• '9Avr ,� .,.ix...;" Garage 505 Sq.Ft. �;� �s ' �. Patio. Walk 1148 Sq.Ft. • Or,ve 2224 Sq.Ft. \,=x� N EX.HO USE Landscape Area 245 Sq.Ft. G, N/alls 69 Sq.Ft. ' m 3 S O �` SCP r 4010 69 Har c er S.FI. W LALAKE ``��.\W 6, .60 Existing tl ov 6396 q U NE "��\� , N 6. .60 Lot Areo 20943.2 Sq.Ft. z O MINNETONKA•\,, \ ` 59 X Hardcover 30.5X A )` Proposed Hardcover �_ f `�� Walls, Potia 304 Sq.Ft. E(A • ' Deck 356 Sq.Ft. off]o •��, ,r•,9 61 O:ILL:,':-..� New Haase 2122 Sq.Ft. W • •, - New Garage 804 Sq.Ft. ry]., °r� Patio 288 Sq.Ft. s u k,I. 5� Drive&Sidewalk 1506 Sq.Ft. 3<4 e �,_ Porches 644 Sq.Ft. ZD N Ex. Retained Walls 69 Sq.Ft. Total Hardcover 6093 Sq.Ft. Lot Arno 20943.2 Sq.FI. ,x":7;.:.T R of Hardcover = 29.151 Allowoble Hardcover 5234 Sq.Ft. lot Area 20936 Sq.Ft. sksso X of Hardcover = 25.0X 0 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM ! (we)61A6 } MCA l c/L.- of,„).q J ( bo 'V-odi [print name(s)] [print address] have reviewed the pans for the proposed improvement or proposed use of the property located at 267 C,4-3Co Pr P.Z, also referred to as Land Use Application No.i t ocol i7 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 wner Date r C.Z5z77K.„,-, .7)2 (-) >C-a - 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 zyi--( I r c) 17:6 IZ Ods 00 [print name(s)) [print address] have reviewed the jolans for the proposed improvement or proposed use of the property located at 2(767 CA-SCS Pr- -A also referred to as Land Use Application No,(it-OC0777 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, Prope y iwner Date • • o%e' 'owner Da e 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. dl C .V w w • + V. .5 A</:+, Af 7e5 L. � �' ..ha:L' Cb . tprfra name(s)) tprsnt address) have reviewed the ens for the proposed improvement gar pti posed use of the property located at `117 { t:c' 11r b also referred to as Land Use Application No.t L�' 7? l (we) urnierstarttl that in executirt� this eciFno�viedgemsnt, l (we) am (are) not asi ect ttt declare aper rvar or disapproval ts#the pro rty or use merely to confirms for the City uracil that l (wed errs (are) awe. the - improvement plans and that the p • neighbor s project or use requires Council approval e SAlike-- f? � ... 0///k E �hW a �aP r did ' fix` have is m ` WC?. C _ of this "> i- � dors �!� 'r ��•rnmie�ts to the " � •�‘'! " , pili« .'„,z27.:,,,,4::=17,21-rt.it ,i-'4':;--;* 'c H ' !f 3 r ` - - • A,'-gam tea. Y• `S.4Ye .S 3af " y3 r Z." RUN DATE:06/19/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 31 0026 38 20-117-23 31 0048 38 20-117-23 31 0064 STEVEN G SIGAFOOS ETAL NANCY G BROWN Ti OARE&L M D OARE 2900 CASCO POINT RD 2933 CASCO POINT RD 2967 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 STEVEN G SIGAFOOS NANCY G BROWN TIMOTHY JOHN OARE 2900 CASCO PT RD 2933 CASCO POINT RD LESLIE MARIE DENNIS OARE WAYZATA MN 55391 WAYZATA MN 55391 2967 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0028 38 20-117-23 31 0049 38 20-117-23 31 0065 ANGELA L WILSON MICHAEL B BARRY REV TRUST CITY OF ORONO 2910 CASCO POINT RD 2927 CASCO POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 ANGELA L WILSON MICHAEL B BARRY THE CITY OF ORONO 2910 CASCO POINT RD 1121 N W 115TH AVE P O BOX 66 WAYZATA MN 55391 PLANTATION FL 33323 CRYSTAL BAY MN 55323 38 20-117-23 31 0032 38 20-117-23 31 0050 38 20-117-23 31 0072 EMMA LOU POWELL TERRY PETERSEN M D BARRETT&D M BARRETT 2916 CASCO POINT RD 2925 CASCO POINT RD 2912 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 EMMA LOU POWELL TERRY PETERSEN MICHAEL D BARRETT 2916 CASCO PT RD 18077 ELM TRL 2912 CASCO POINT RD WAYZATA MN 55391 NEVIS MN 56467 WAYZATA MN 55391 38 20-117-23 31 0033 38 20-117-23 31 0051 38 20-117-23 31 0073 PAULA N D KANNE/RYAN G KANNE ALYSSA DWYER&ERIC BIERMANN SAMUEL BLANKENSHIP 2920 CASCO POINT RD 2915 CASCO POINT RD 2918 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 PAULA NUNES DIAS KANNE ALYSSA DWYER&ERIC BIERMANN SAMUEL BLANKENSHIP RYAN G KANNE 2915 CASCO POINT RD 2918 CASCO POINT RD 2920 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0034 38 20-117-23 31 0052 38 20-117-23 34 0001 JONATHAN A MENTH TODD M BALAN JAY S HULBERT TRUSTEE 2930 CASCO POINT RD 2905 CASCO POINT RD 3035 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JONATHAN A MENTH TODD M BALAN JAY S HULBERT 2930 CASCO POINT RD 2905 CASCO POINT RD 3035 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0035 38 20-117-23 31 0053 38 20-117-23 34 0002 R G SORENSEN/S D SORENSEN GREGGORY SMITH/MELANIE SMITH S SCOTT&I S STANDA 2940 CASCO POINT RD 2895 CASCO POINT RD 3025 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ROBERT G SORENSEN GREGGORY A SMITH STEVEN&IRENE STANDA STACI D SORENSEN MELANIE S SMITH 3025 CASCO POINT RD 2940 CASCO POINT RD 2895 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0036 38 20-117-2331 0055 38 20-117-2334 0003 PAUL F JOHNCOX ALYSSA M DWYER/ERIC BIERMANN D P SEIDEL&H N SEIDEL 2948 CASCO POINT RD 2917 CASCO POINT RD 3015 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 PAUL F JOHNCOX ALYSSA DWYER&ERIC BIERMANN DANIEL&HELENA SEIDEL 2948 CASCO POINT RD 2917 CASCO POINT RD 3015 CASCO PT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0038 38 20-117-23 31 0060 38 20-117-23 34 0023 EDWARD PEKARIK JR J A MARTINSON ET AL TRUSTEES CASCO POINT LLC 2990 CASCO POINT RD 2970 CASCO POINT RD 2987 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ED PEKARIK JR JERRY&BONNIE MARTINSON CASCO POINT LLC 2990 CASCO POINT RD 2970 CASCO POINT RD S 2987 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0045 38 20-117-23 31 0061 38 20-117-23 34 0024 NEIL GOODWIN/BARBARA GOODWIN J R MILLER&A R MILLER CASCO POINT LLC 2975 CASCO POINT RD 2980 CASCO POINT RD 3005 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 NEIL GOODWINBARBARA GOODWIN JONATHAN R&AMY R MILLER CASCO POINT LLC 2975 CASCO POINT RD 2980 CASCO POINT RD 2987 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0047 38 20-117-23 31 0063 38 20-117-23 34 0025 MICHELLE WILLIAMS-ABBOTT TR C A SWENSON&B B SWENSON TR D J HASSELMAN&J HASSELMAN 2941 CASCO POINT RD 2965 CASCO POINT RD 3020 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MICHELLE WILLIAMS-ABBOTT TR CLIFFORD A SWENSON DANIEL J HASSELMAN 2941 CASCO POINT RD BARBARA B SWENSON JESSICA HASSELMAN WAYZATA MN 55391 1346 PONCE DE LEON DR PO BOX 1238 FORT LAUDERDALE FL 33316 RANCHO SANTE FE CA 92067 RUN DATE:06/19/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 20-117-23 34 0026 A DETERMAN&T DETERMAN 3026 CASCO POINT RD ORONO MN 55391 ANTHONY F DETERMAN TRINA D DETERMAN 3026 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 34 0027 CASCO POINT LLC 38 ADDRESS UNASSIGNED ORONO MN 00000 CASCO POINT LLC 2987 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 42 0005 VIL OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 42 0006 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED ORONO MN 00000 HENNEPIN FORFEITED LAND NOT FOR SALE/UNDER WATER IN LAKE MTKA 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: 6/19/2019 37.093703 0 2868 �s: 3I. 0 2874 Kis 1.2ol tn% ;270 291817 2914 I 2871 'C'Q4J , 29 • 00' ¥ ' r: X16 ' air 2912 ¢l ' ` 2920 2910 .- i r 2879 i7 dt»irai , 2895 2917 gy ' „Pat, 930t ,. 2905 2940 :' Mt It 2925 1 vitt. 215 at ; < of 2927 1-' r ` �` 7 ' 1,..aiiilliitktIg--40444, 110 i': Om 2948 ix! 71'''.47:A:il44:41- ,. =4:T-'4' 4'7:::,i: , t •933 ;p, : c. 1 +44* 965 P' g; f 21+417) / 2970 aeal . ,„I Ar° 7 2980 4.4 A 3 4� TkitI.J2_f5a57 Fi 2990 ' . ,� n ^ v / 020, E 1 '4)R e „ 3 020 °) ^. 2987 3t �p 3 53. •:.� : ay= h 0:17 a { ! *�+> '14i'd.. 30 Ill ...... 8il ' - 3015 t'rt . s rOt ' -, 3038' ¢r wt Z 040* ," ,,,,-, t � #et.a. ,, i. 40259, 3045 1710 3 tt t,2) 3065 3309 t. ; ^aQ61 3085 tui rr,E c it 3095 ,.-' ,. . . f.a,. �' ,i ..� � or 3100. Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 2967 Casco Point Road This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnished with no warranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not beliableforany damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gisirtfo@hennepin.us Date Application Received: 06/19/19 ` Date Application Considered as Complete:07/03/19 �0 j\/ 60-Day Review Period Expires: 09/01/19 To: Chair Ressler and Planning Commission Members y ,, Dustin Rief, City Administrator From: Melanie Curtis, Planner VY)GG Date: July 15, 2019 Subject: #LA19-000050, Paul Vogstrom o/b/o Eric Vogstrom, 2710 Pence Lane, Variances Public Hearing Application Summary: The applicant is requesting a lake setback variance for retaining walls associated with a lake access stair. — Staff Recommendation: Planning Department Staff recommends approval with landscape screening. Background There is a new home under construction on the property.The property owner is proposing to construct set-in-grade lake/dock access stairs.The stairs require some minimal retaining walls due to the slope of the lake yard;the walls begin approximately 13 feet from the ordinary high water level. The stairs are a permitted lake setback encroachment for this sloped lakeshore lot, however the retaining walls are not. A 75-foot lake setback variance is required. LOT ANALYSIS WORKSHEET Sections 78-1279&78-1282-Setbacks: LR-1B - Shoreland Required Proposed Lakeshore 75' The walls start as close as 13 feet from the lake. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Zone Hardcover Proposed Hardcover Tier 16,089 s.f. 14,806 s.f. Tier 1 64,359 s.f. (25%) (23%) 114 s.f. w/in 75' FILE#LA19-00050 15 July 2019 Page 2 of 4 Applicable Regulations: Lake Setback Variance (Section 78-1279) It is permitted for the property to have a stair accessing the lake or dock due to the slope of the lakeyard.The applicant is proposing to set the stairs into the slope for better screening and longevity. The retaining walls proposed are intended to support the stair design. Retaining walls are not permitted within the lake yard, however the hardcover associated with the walls is excluded from the site hardcover totals. The variance is necessary due to the location within the 75-foot setback. Hardcover of the site, with the proposed improvements,will be below 25%. 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 §462.357 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 intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls help minimum the visually impact of the stairs,which are permitted by ordinance. 2. The variance is consistent with the comprehensive plan. The requested variance is consistent 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 use of the property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; the proposed lake access stair and retaining walls do not result in hardcover exceeding 25%for the property and the walls are excluded from the calculation total. The slope of the lakeshore requires stairs for dock and lake access; and c. The variance will not alter the essential character of the locality. The variance to permit construction of the walls to support the stairs within the 75-foot setback will be less visible and more functional than an above grade stair.The retaining walls will not change character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: FILE#LA19-00050 15 July 2019 Page 3 of 4 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 retaining walls are 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 topography of the property increases as it moves away from the lake and the proposed stair improvement is necessary for access to the lake. It is reasonable to permit the type of stair the owner has proposed in addition to the retaining walls to support such stair system.The retaining walls will not adversely impact adjacent properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The applicant's proposal does not appear to be out of character with the area. The walls will not encroach nearer to the lake than the stair and can be screened from view from the lake. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance and to allow the construction of the retaining wall supported stair system within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner. 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 lake setback variance allowing the retaining walls within the 75-foot setback will not adversely impact health, safety, comfort or morals,or be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of retaining walls within 75 feet of the OHWL. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulty in the lake yard slope to allow the minimal retaining walls associated with the set in grade stair system for lake and dock access. Stairs are permitted by the city code. In similar situations (slope, distance, etc.) property owners have two choices in installing stairs, above grade deck-type stairs, or in-ground stairs. Above grade deck stairs are often more visually impactful,as the entire structure is above ground. These stairs are often used where protection of the slope is of greater importance than preserve the FILE#LA19-00050 15 July 2019 Page 4 of 4 natural shoreline view. In-ground stairs blend into the shoreline more effectively, but often require some slope stabilization. These are often used where the slope is minor, and better preserve the natural shoreline. Public Comments Public comments were received and are attached as Exhibit F. 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 variance permitting the retaining walls to support the stairs conditioned upon implementation of a landscape plan which screens the walls from the lake. List of Exhibits Exhibit A. Application Summary& Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Stair Plan and Cross Section Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Property Owners List Exhibit H. Plat Map Land Use Application Summary Application Date: 06/19/2019 Address: 2710 PENCE LA EXCELSIOR,MN 55331 Parcel Number: 2111723230046 Land Use Number: LA19-000050 Application Submitted By: Agent on behalf of property owner Owner: Name: WILLIAM M& SUSAN K DUNKLEY Address: 3405 ANNAPOLIS LA N#100 PLYMOUTH,MN 55447 Name: Paul Vogstrom Applicant: Company: Paul Thomas Design Build Address: 10231 Beebe Lake Road Hanover,mn 55341 vogstrom@gmail.com Contact Information: Associated Contact: Paul Vogstrom vogstrom@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description: stairs to shoreline 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 t � Applicant Signature: Date: 6-19-19 To whom it may concern, The property located at 2710 Pence Lane is seeking a variance in the 75' shoreline for a landscaped stair access. Plans provided show minimal hardcover.The stair treads and boulder walls will be the only hardcover. The landings will be grass or similar vegetation to allow water to penetrate. Sincerely, Paul T. Vogstrom Paul Thomas Design Build PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000050 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes would like reasonable safe and maintenance free access to lake shore 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: no 3.The variance, if granted,will not alter the essential character of the locality. Response: no 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: access to lake with only 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: no 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 conforming with city 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: no 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: yes access to lake 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 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: with out stairs no access would be feasible to lake shore ' $ CERTIFICATE OF SURVEY FOR ERIC VOGSTROM OF LOT 2, BLOCK 1, PENCE LANE ADDITION HENNEPIN COUNTY, MINNESOTA i —0 OVTLO i A, 0 30 60 120 .144.040** I ...1 �... SCALE IN FEET '331- 8 1- '7 ,,, - esz --- I big off E i y 1 'a ———vM\.a 1 -' o A. 11 PROPOSED ELEVATIONS:(per builder,verify) _ • 1)curage=1949se1 - 1` _ 2)Top of foundation=1949.971 - __-- -- "33 \ I` 0 -r-,....:1 3)Main floor= '-0,� ", '(.../) 4)Basement=19•0•51 - I8 j vAZ I I __ I _ LEGAL GESTATION OF PREMISES: I 1 - Lot 2,Block 1,PENCE LANE ADDITION I Y' E o denotes iron marker set DRANAGE AND 'I g c • denotes iron marker found UTIUTv % 7 (9063)- denotes existing spot elevation,mean sea level datum //:/:// / [9105]: denotes proposed spot elevation / -/ , / rd, • n / -917-- denotes existing contour line,per county maps / ! °' GO . denotes proposed contour line Y Bearings shown ore based upon an assumed datum. I ! TN,survey-mends to 5110*the boundaries of the above described property,theloc1-� ofd In,of an ed soca driveway.0 roto remosed use,e#sng topogstairway. ophy,per cougra mops, and the proposed t perp of a proposed house,encroachments encs or and grades - _ Me / thereon t does encraacbments not purport to show any other a.improvements. / 191.5 NO 310 IC ' ._ ---REFM5.1 F S i \ 1 n-1 1 —--—\ /// // w.Vffl ,moi 1n :f w' > LOT 2 • • N. • __ N. C� \ EXISTING /Y� / \ HOUSE / ///:53_1\ ( _/// / e ,.,,oa , ®J \ g2]D9 • i \ / _ '� t,,.o1 // / .--337",--N 88°54'I]"W 146.30--- \ -17- �rrm:�F l . \ I \\ \ 9� / tl ��.• : / / /e ../..,; \ 11 / PROPOSED +JT `)), III / \ I2 to v ti Viz. 1 �,o, °�,, 4.1..--; Or' 'tib s -I �., di l�l �1r 1 111 I 3-,'. /� - EXISTING 1 i 'e m HOUSE �M,I� ° �! / - #2,15 LAKE \ « �c o` MINNETONKA � %. A...,---•1 CARMAN'S BAY/OLD CHANNEL BAY "' l' w�-- ' ^•••orfeye res..p.n.s°nano ea oyes. herebyCcertify tnot tN„Inn.,p iootio,_ r.p., PROJECT GRONBERG & ASSOCIATES, INC. ,e® d Patl nm5a dly L�cen,.4 L000 Sn:.eywennder tM1 O-IS-15 / -CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS State f Minne,ata — ISO NORTH WILLOW DRIVE LONG LACE.MN 55356 :ors #4S 0 9v 1•�JO s�r,e wne,m:,w..nom s m•e.m m m vo...�a My one sou icen,e Number 12755 18-155 952-473-4141 PROPOSED STAIRWAY DETAIL FOR ERIC VOGSTROM A • IN LOT 2, BLOCK 1, PENCE LANE ADDITION Al HENNEPIN COUNTY, MINNESOTA .... EU STE F•,```'�+y. PROPOSED C p �..,. �RErArcVNc �- Nr _ [C /Q _.....1.- WALL 0 26 it c ' 111 DAA • :, > 25- 2o ;F 940..... SFo 2' Sx f ,...E, 5 i, 71ocr =........__G-'10.- -14? 'qY& ... 353.0 cA - 'Atli1` 941.2=PROPOSED ELEVATION EXGSTiNO- LOT 2 ----- --- SURVEY �...�� NE ``i0....} . __............_..._...—.__.. • PROPOSED STAIRWAY 946.1 945.9 941.4 941.2 916 AND LANDINGS 936.7 936.5 932.0 0 10 20 30 A ----, BW=9444`� �_ I CROSS SECTION W= � _L \ 9e7- Tula BW=944.4 JLM 1"=5' VERT. \9qD\ gz9q�q •� TW=944.2 - 1"=5' HORIZ. — \ „,,4,--9,---....., e . �`ry.ti, 41.4 W 7pZg°”wa TWag Bag,� _ \�z a,'-.°.r TSI e, c 4 -� \936 ._ e7;�9i/ rA �io ,,,,,i,--�yr'."R.. EAST LNE TWa 9`52 ({0 1V !,'Y.9.,7° e q OF LOT 2 �g3q _,q3...9,36:'.3` fe ��1. ‘11,43: W 93t?1 \ === 3 2\ rc« h f 434114111.1#111:�� 36� `\ --- \SECTIOd ' t vq 839376_ \\ SCALE hereby certify that this plan.specification,orreport 929.4 CONTOUR'` 1V _ 1SCALE wherebyos cedAyaGRONBERG AND NE(O.MWJ \\ \ Du_. DEEP by rne, r under y direct supervision, \\ \ -(Jy BY and that I or duly Licensed Land Surveyor der �`\ _ GATE he laws at the State at Minnesota. _ASSOCIATES, INC. LAKE \ = \\ . 6-1B-19 CONSULTING ENGINEERS, LAND `'\ \\� .toe NO. ... /�_�� A .;,:-.....:c SURVEYORS•8 SITE PLANNERS M I N N E T O N K A \ 'r �.... �I.a� ♦3 NORLN WILLOW DRIVE \ ig-355LONG LANE.Mk 55356 \ Mark S.Gronberg Minnesato license Number 12755 952-173-4141 t co City of Orono ''tok Hardcover Calculation Worksheet /E,,c . Ci vC Property Address: LO7 2, a C G('K i, ,Fr/c� Lirvf" ,f0.9/rrca_i CFS i c !/0i.rTR o"1) (4kESHOAO I' Prepared by: Date: /2 25-,-ft /—* i9 Stormwater Quality Overlay District Tier: (Circle one) Cri-e-r7:0 Tier 2 Tier 3 Tier 4 Tier 5 - Step 2{PROPOSED HARDCOVER) gr9' /9 In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width S Total Feet) ( q (Example) (Garage) (24'x 30') _ (720 S.F.) A Noce sF _ , NVQ S.F. B .57-r�OP /13 S.F. C w'«-K /58 S.F. D l'OPL Dcfg 833 S.F. E F l Ci f-G' "wAf 4l2 o o S.F.- G Fxilri., Ai rt c- (0oF1' A r rvcctiDF5pard/II , C( ,v6rci/644. S/Z p S.F. H 0.47-1 0 S/ S.F. I eCottc 'r csrd.t r. G+.d4 LCl g S.F. J PATIO t?R S.F. K J-7-4 i.el- r o 4.4K f 7 2 S.F. L A67-ArA/i NG 1..l.l c i..T /7- f r A iA5' y2 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. U __ S.F. ✓ S.F. W S.F. X S.F. ✓ S.F. Z S.F. (1) Total Proposed Hardcover /y 6)y8. S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F._ S.F. S.F. S.F. (2) Total Excludable Hardcover Y2 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] /4!$Oe' S.F. (4) Total Lot Area 6-Y,35 y i'S.F. Proposed Hardcover Percentage [(3)+(4)] 23. 0/ % 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 2720 Kelly Avenue Excelsior MN 55331 July 2, 2019 City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay MN 55323-0066 RER: LA19-000050 I live at 2720 Kelly Avenue. I received the notice of hearing by the planning commission. Has the planning commission looked at this project? The boulders are already all along the shoreline and tons and tons of dirt have been moved. Why even schedule a hearing when they have already begun the project? I am totally against granting any more permits to this project. They have totally torn up and destroyed any animal habitat; our roads are a mess with cracked blacktop; the truck traffic has made living on Kelly Avenue like living in a construction zone. The habitat can never be restored. Who is responsible to fixing the roads? And why is this headed as Paul Vogstrom o/b/o Eric Vogstrom when it is the Dunkely property. Are we supposed to be fooled? How many permits have been requested; denied; then taken to a different authority to get around restrictions? How many permits have been requested; denied; but work proceeded anyway. How many fines have been issued for actions taken that are not permitted? Is this another case of he who has all the money get what they want? I am unable to attend the meeting, but I did want to express my opinion, tho I fear, like all the other times, it will be ignored. Catherine Meagher RUN DATE:06/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 14 0004 38 21-117-23 23 0012 38 21-117-23 23 0026 J&J BERG ROBERT F K MARTIN ET AL KAREN KAVERMAN TRUST 2655 LYDIARD AVE 2695 PHEASANT RD 2755 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JAMES BERG ROBERT F K MARTIN KAREN KAVERMAN 2655 LYDIARD AVE STEPHANIE D SARANTOPOULOS JOHN RICHARD FOWLER EXCELSIOR MN 55331 2695 PHEASANT RD 2755 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0007 38 21-117-23 23 0013 38 21-117-23 23 0027 MARK TAYLOR&MARY A TAYLOR JOHN EDWARD HALL CHAD S&JUNE E TEARLE 2697 KELLY AVE 2705 PHEASANT RD 2749 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MARK TAYLOR&MARY A TAYLOR JOHN EDWARD HALL CHAD S&JUNE E TEARLE 2697 KELLY AVE 2705 PHEASANT RD 2749 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0008 38 21-117-23 23 0014 38 21-117-23 23 0028 MARK D KIEPER TRUST ET AL PHEASANT LAWN HOMEOWNERS JAY K WOOD&BARBARA D WOOD 2695 KELLY AVE 38 ADDRESS UNASSIGNED 2745 KELLY AVE ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 MARK KIEPER PHEASANT LAWN HOMEOWNERS JAY K WOOD&BARBARA D WOOD POLLY KIEPER 2700 PLEASANT RD 2745 KELLY AVE 2695 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0009 38 21-117-23 23 0017 38 21-117-23230029 B W HOUCK&M A HOUCK MICHAEL J CULLEN ET AL PAUL JOSEPH RANDALL 3225 CARMAN RD 2700 PHEASANT RD 2701 PENCE LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 BENNETT W HOUCK MICHAEL J CULLEN PAUL JOSEPH RANDALL MELISSA A HOUCK 2700 PHEASANT RD 511 DANNY CT 3225 CARMAN RD EXCELSIOR MN 55331 SAN RAMON CA 94582 EXCELSIOR MN 55331 38 20-117-23 14 0010 38 21-117-23 23 0019 38 21-117-23 23 0031 JON&KIRSTEN NIELSEN TRUST L W GETLIN&D I GETLIN B J BAUER&J J BAUER 3245 CARMAN RD 2690 PHEASANT RD 2660 LYDIARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JON S NIELSEN LAWRENCE&DEBORAH GETLIN BRUCE J BAUER KIRSTEN R NIELSEN 2690 PHEASANT RD 2660 LYDIARD AVE 3245 CARMAN RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0011 38 21-117-23 23 0020 38 21-117-23 23 0032 D M HECTOR&B K BOHN-HECTOR M A&K M DOLLIFF M J O'BRIEN&J D O'BRIEN 3265 CARMAN RD 2680 PHEASANT RD 2684 LYDIARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 D MARK HECTOR MATTHEW&KATHLEEN DOLLIFF MARY JOSEPHINE O'BRIEN BONNIE K BOHN-HECTOR 2680 PHEASANT RD JOHN DENNIS O'BRIEN 3265 CARMAN RD EXCELSIOR MN 55331 2684 LYDIARD AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0012 38 21-117-23 23 0021 38 21-117-23 23 0033 MITCH OLSON&KIM OLSON RAYMOND E JOHNSON ALEXANDER L JOHNSTON 3275 CARMAN RD 2670 PHEASANT RD 2700 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MITCH&KIM OLSON RAY E JOHNSON ALEXANDER L JOHNSTON 3275 CARMAN RD 5916 PLEASANT AVE S 2700 KELLY AVE EXCELSIOR MN 55331 MINNEAPOLIS MN 55419 EXCELSIOR MN 55331 38 21-117-23 23 0005 38 21-117-23 23 0022 38 21-117-23 23 0034 J W JOHNSON&C A JOHNSON GAYLE L HAYHURST TRUST PETER J&RACHEL M PLUIMER 2655 PHEASANT RD 2660 PHEASANT RD 2710 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JAMES W&CHERYL A JOHNSON GREGORY W&GAYLE L HAYHURST PETER J PLUIMER 2655 PHEASANT RD 2660 PHEASANT RD RACHEL M PLUIMER EXCELSIOR MN 55331 EXCELSIOR MN 55331 2710 KELLY AVE EXCELSIOR MN 55331 38 21-117-23 23 0010 38 21-117-23 23 0024 38 21-117-23 23 0039 M SJOQUIST&S SJOQUIST M T&M C JORGENSEN JT LV TR ANDREW J MCDERMOTT III 2675 PHEASANT RD 2725 PHEASANT RD 2702 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MELISSA SJOQUIST MICHAEL T JORGENSEN ANDREW J MCDERMOTT III SCOTT SJOQUIST MARGARET C JORGENSEN 2702 WALTERS PORT LA 2675 PHEASANT RD 2725 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0011 38 21-117-23 23 0025 38 21-117-23 23 0040 MARY S POWELL&M W CONWAY STEPHEN L BAKKE ETAL T R&W W STORLIE 2685 PHEASANT RD 2765 PHEASANT RD 2701 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MARY STEPHANIE POWELL STEPHEN L BAKKE TED R&WENDY WEIHE STORLIE MICHAEL W CONWAY 2765 PHEASANT RD 2701 KELLY AVE 2685 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 RUN DATE:06/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 21-117-23 23 0041 38 21-117-23 23 0055 38 21-117-23 32 0007 C MORIN&T M SREPEL CATHERINE HANSON MEAGHER GREG HUELER&KELLI HUELER 2699 KELLY AVE 2720 KELLY AVE 2715 PENCE LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 CHARLES MORIN CATHERINE HANSON MEAGHER GREG HUELER&KELLI HUELER TANYA M SREPEL 2720 KELLY AVE 2715 PENCE LA 2699 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0042 38 21-117-23 23 0056 ELIZABETH ANNE REESE G C JONES&J L JONES 2703 WALTERS PORT LA 2673 PHEASANT RD ORONO MN 55331 ORONO MN 55331 ELIZABETH ANNE REESE GEORGE C JONES/JACKI L JONES 2703 WALTERS PORT LANE 2673 PHEASANT RD ORONO MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0043 38 21-117-23 23 0057 R F CROSBY II&P L CROSBY M M COTTER&J A COTTER 2705 WALTERS PORT LA 2730 PHEASANT RD ORONO MN 55331 ORONO MN 55331 PATRICIA/RICHARD CROSBY II MARGARET M COTTER 2705 WALTERS PORT LA JEFFREY A COTTER EXCELSIOR MN 55331 2730 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0044 38 21-117-23 23 0058 W J&S J KEEGAN T J MAHONEY&K A MAHONEY 2707 WALTERS PORT LA 2760 PHEASANT RD ORONO MN 55331 ORONO MN 55331 WILLIAM J&SANDRA J KEEGAN TIMOTHY H MAHONEY 2707 WALTERS PORT LA 2760 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0046 38 21-117-23 23 0059 W M DUNKLEY&S K DUNKLEY WILLIAM M&SUSAN K DUNKLEY 2710 PENCE LA 2709 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 WILLIAM M&SUSAN K DUNKLEY WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LA N #100 3405 ANNAPOLIS LA N#100 PLYMOUTH MN 55447 PLYMOUTH MN 55447 38 21-117-23 23 0047 38 21-117-23 32 0001 ANDREW J MCDERMOTT III CINDY SUNDET/SCOTT SUNDET 38 ADDRESS UNASSIGNED 2791 PHEASANT RD ORONO MN 00000 ORONO MN 55331 ANDREW J MCDERMOTT III CINDY T SUNDET 2702 WALTERS PORT LA SCOTT A SUNDET EXCELSIOR MN 55331 2791 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0048 38 21-117-23 32 0002 ENVIRONMENTAL PLANNING INC C H SKIEM&S K SKIEM 38 ADDRESS UNASSIGNED 2795 PHEASANT RD ORONO MN 00000 ORONO MN 55331 ENVIRONMENTAL PLANNING INC CRAIG H SKIEM 4910 IDS CENTER SUSAN K SKIEM MPLS MN 55402 2795 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0049 38 21-117-23 32 0003 C MORIN&T M SREPEL D E HABERMAN&H R HABERMAN 38 ADDRESS UNASSIGNED 2799 PHEASANT RD ORONO MN 00000 ORONO MN 55331 CHARLES MORIN DONALD E HABERMAN TANYA M SREPEL HEIDI R HABERMAN 2699 KELLY AVE 9730 SKYLANE ORONO MN 55331 EDEN PRAIRIE MN 55347 38 21-117-23 23 0052 38 21-117-23 32 0004 MARK C&ANITA S RIDGE JAMES D ECHTENKAMP ET AL 2720 PHEASANT RD 2800 PHEASANT RD ORONO MN 55331 ORONO MN 55331 MARK C&ANITA S RIDGE JAMES&JEAN ECHTENKAMP 2720 PHEASANT RD 2800 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0054 38 21-117-23 32 0005 TODD REALTY LLC J&G TEYNOR 2615 SHADYWOOD RD 2789 PHEASANT RD ORONO MN 55331 ORONO MN 55331 TODD REALTY LLC GAIL M&JOSEPH T TEYNOR 478 SECOND ST STE 200 2789 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 Hennepin Hennepin County Locate & Notify Map Date: 6/20/2019 at] 2620 2615 pi') 2 660 2625 on 2755 2655 _ 2640 ri 2720 11 • ,, 2650 m l si 2684 2673 2749,iri I>g? 2655 a } tib 71 004, 3 2675 A , mil2693 �``, 2745 L I ..; 2700 ml44 ,401 2685 ' 2701 ..,, GSC 26+5 ' NJ / 02 225 2'69 2701st ! ?'s a gall Orono A� 2705 (UI 32 I. "� t. I Or ono 2700 t.e 0 -. ' : Nva y r iik Pili 2i ,. z4i, .4:-,1,.:.4. 2703 �+9/ 2725 Ipi 2720 5- ""r d A Z 2730 tom} 2705 l (4313275 2765 fel RI) ..e 2707 5. 2760 mai �X ::';5::6.-Ii.C2j.;,-f::: --„:-;':jk-k-N4-,Y,44-1'-'-,;i''',",.;',4,1;V`7.'„1,::,,,,Z.,!-:,:iti,t''' / �, m, - >I" 2789 4 2795 rti `„ „,t 2715 �3 r , i' -1.ti .. sr rte. I :tom , x } il L "µ sem' ' ii <s ' '.,; At 2* ' x f '' t .'y3 r ` f 4 r r '*� k r �t"x 3 a '� G.lx e' zy 5 6=x`�' 4 '` ' 6 #r /.6' �= Er »Y "� cYyw �' w a y -K x ,` n c&,. P '-..1 ;' `", .ti s '� ' i t n 3 ,." ±^vNit. r = Buffer Size: 500 0 50 100 200 Feet Map Comments: I IIIIIIII 2710 Pence Lane This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnshedwith nowarrantyof any kind, and (ii) is notsuitable for legal,engineering or surveying purposes.Hennegn Countyshal not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,M N 55487/gis.info@hennepin.us Date Application Received: 06/19/19 Date Application Considered as Complete:07/03/19 A�J jO 60-Day Review Period Expires: 09/01/19 y r To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator `KESHO2 From: Melanie Curtis, Planner (YIGG Date: July 15, 2019 Subject: #LA19-000051, Dale Gustafson o/b/o John &Trudy Wilgers, 1905 Concordia St, Variance+ IUP Public Hearing Application Summary: The applicant is requesting approval of a lake setback variance and interim use permit to repair a slope failure. Staff Recommendation: Planning Department Staff recommends approval. Background There is a new home under construction on the property. While the foundation work was underway there were several consecutive rain events resulting in failure of the lower portion of the lake slope on the property. Similar failures have occurred on the property over the years and the previous owners had worked to incrementally repair those failures as they occurred. The applicant is proposing to install a subterranean timber retaining wall grid system to stabilize and repair the slope. Because the walls are not permitted within the lake yard, a 75-foot lake setback variance is required. Section 78-1680 and 78-1700- Hardcover Calculations: Stormwater Total Area in Allowed Overlay District Zone Hardcover Proposed Hardcover Tier 6,197 s.f. 6189 s.f. 577 s.f. w/in 75' Tier 1 24,788 s.f. (25%) (24.9%) *lake stairs Applicable Regulations: Lake Setback Variance (Section 78-1279) The applicant is proposing to install a subterranean timber wall grid system in the area of a recent slope failure.The grid layout will create "boxes"to be filled with soil to recreate the slope. Plantings with deep roots are proposed to be installed on the slope. The applicant's plan has been certified by a professional engineer. Retaining walls are not permitted within the lake yard, however the hardcover associated with the walls is excluded from the site hardcover totals. Hardcover of the site, with the proposed improvements, will be below 25%. FILE#LA19-00051 15 July 2019 Page 2 of 4 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 §462.357 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 intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls have no visual impact as they are for slope stability and designed to be below grade. 2. The variance is consistent with the comprehensive plan. The requested variance is consistent 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 use of the property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; the proposed subterranean retaining walls do not result in hardcover exceeding 25%for the property and the walls are excluded from the calculation total. The slope failure requires repair to prevent further damage; and c. The variance will not alter the essential character of the locality. The variance to permit construction of the subterranean walls to repair and support the slope within the 75-foot setback will not be visible; with the proposed plantings will function for stability and to create a vegetated natural looking slope. The project will not change character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. FILE#LA19-00051 15 July 2019 Page 3 of 4 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as retaining walls are an allowed use in the LR- 1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The lake slope failure creates a situation requiring necessary intervention and the proposed retaining wall installation is necessary for repair and restoration of the slope to the lake. It is reasonable to permit the type of repair the owner has proposed in addition to the proposed landscape plan to support a subterranean wall system.The retaining walls will not adversely impact adjacent properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The applicant's proposal does not appear to be out of character with the area.The walls will not be visible from the lake. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance and to allow the construction of the subterranean retaining wall system within the 75-foot lake setback is reasonable and necessary to protect the lake and property, and the property rights of the owner. 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 lake setback variance allowing the subterranean retaining walls within the 75-foot setback will not adversely impact health,safety,comfort or morals,or be contrary to the ordinances. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of subterranean retaining walls within 75 feet of the OHWL. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit C, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulty in the lake yard slope failure to allow the subterranean retaining wall system to be installed. Public Comments No public comments were received in response to this application. 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? FILE#LA19-00051 15 July 2019 Page 4 of 4 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation The retaining wall grid system has been signed by a professional engineer. Planning Staff recommends approval of the variance permitting the subterranean retaining wall grid system to repair and restore the lake side slope conditioned upon implementation of a landscape plan which creates a natural vegetated slope over the walls. List of Exhibits Exhibit A. Application Summary Exhibit B. Application Narrative+Cut& Fill Summary Exhibit C. Practical Difficulties Documentation Form Exhibit D. Survey+ Proposed Overlay Exhibit E. Proposed Subterranean Wall Plan & Cross-Section Exhibit F. Landscape Plan Exhibit G. Submitted Hardcover Calculations Exhibit H. MCWD Permit Exhibit I. Site Photos Exhibit J. Property Owners List Exhibit K. Plat Map References File#13-3645, Re: 2013/2014 Slope Failure 1895 & 1905 Concordia Land Use Application Summary Application Date: 06/19/2019 Address: 1905 CONCORDIA ST WAYZATA, MN 55391 Parcel Number: 1811723140015 Land Use Number: LA19-000051 Application Submitted By: Agent on behalf of property owner Owner: Name: JOHN A WILGERS Address: TRUDY A WILGERS 1905 CONCORDIA ST WAYZATA,MN 55391 Applicant: Name: Dale Gustafson Company: Greendale Design Address: 1845 Wisconsin Ave N Golden Valley,MN 55427 dalegus@earthlink.net Contact Information: Associated Contact: Dale Gustafson Dalegus@earthlink.net Associated Contact: Jim Smith jhsmith3102@aol.com Associated Contact:jonathon smith smith3lake@aol.com Associated Contact: Project Description: Repair bank erosion with Subterranean timber grid and replant bank 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: Project Narrative For bank retention 1905 Concordia Street Orono, MN The strong storms at the end of May 2019 caused severe damage to the bank from the top to the bottom by the shoreline riprap. This type of erosion requires extreme effort to correct so it will stay in place for a long time. The plan is to use the Subterranean Timber Grid method. To get stability of the bank the existing soil will be removed to a depth of 4 feet. Next a series of 4 foot-high walls are spaced back away from the lake creating boxes of timer that are anchored vertically up the bank. A drainage system of rock and perforated drain pipe are place at the bottom of the boxes allowing the moisture to slowly find its way down to the riprap on the shore. The next step is to fill the boxes with good soil and create a slope from bottom top with all the timbers buried in the soil along the slope of the bank. With the soil in place landscape plantings will be installed and the whole work area is then covered the plantings as per the landscape plan and finally erosion control area the entire slope will be planted and then covered with shredded wood chips to hold the soil in place. This system has been used for about 30 years on Lake Minnetonka without failure. The locations where these methods were used are very hard to detect because they are totally covered with plantings that grow on and into the Subterranean Grid. Dale Gustafson Greendale Design GRADING: Provide cut and fill calculations in cubic yards. For bank retention project at 1905 Concordia Street Orono, MN The Cut & Fill calculations get complex because after an erosion episode like happened at the 9105 Concordia ST because you no longer have good survey information. So, in place of that we can describe how the work is done and document the materials moved on the site. The process of installing a subterranean timber grid to anchor a eroding or sliding can provide a long time protection on shoreline banks. The process looks like a series of retaining walls stacked up the grade. The difference is that the entire timber structure will be buried under the surface on the bank. This factor gives the grid the control needed with the treated timbers which are under the soil so they do not rot for a very long time. The process starts from the bottom of the bank just behind the rip rap or other shoreline barrier. The structure is installed a row at a time and each row is dug into the ground as it is billed. The step are as follows; 1. Excavation of the area of the bank where the grid will go. This soil is put aside while the timbers installed and connected to the upper or lower rows of timbers and also supports are dug into the bank below the timbers giving an anchoring effect. 2. After the wall of timber is in place the wall is backfilled with an area of gravel rock and a drainage system in the bottom of the gravel rock. The perforated rock and drainage system allow moisture to slowly move down out of the spaces in the wall chambers. This removes the possibility of water build up behind the wall that could push it toward the lake. 3. When the rock and drainage is in place the spoils of soil that were taken out of the hill are placed back behind walls at a slope equal to the top of each wall as you progress up the bank. That process generally uses up all the soil that was moved out to build the next part of the slope to the top. Each "section" is 4ft tall 8' wide and 4' back into the bank. When building the sections, the soil removed generally equals the amount of materials that get placed back into each section of wall giving a equal cut and fill amounts. If there are differences, those only amount to a few cubic yards of additional added or removed from the hill side. It amounts to taking soil out of a trench and then putting it back in the next section of timbers. Dale Gustafson Greendale Design PRACTICAL DIFFICULTIES For bank retention 1905 Concordia Street Orono, MN This repair project is difficult and complicated for several reason. 1. The bank of the lake has failed before and it is possible to uncover issues as you attempt to install the new shoreline bank. 2. With no other access the project has to be built from a barge on the lake. That means that all products and waste items must be loaded to a barge and then loaded on a truck to be taken for disposal. 3. Working on the bank from the bottom up requires digging into the bank to install the retention timbers for one level at a time without causing more erosion in the process. That means there is a lot of action at every level and as you move up the bank it get much more difficult to get supplies in and out while working on the bank. 4. This work requires experienced and skilled workers to function as a team from start to finish. 5. When the sub structure is complete the crew must hold the topsoil in place while they do the landscape planting of good bank retention plants. It is extremely difficult to move up and down the bank without causing erosion of the bank. Sometimes the crew must work down the bank while being tied to a rope and other times in requires to work from a bucket on a backhoe to finish the planting and erosion control materials on the bank.. 6. The Concept Landscape company has been doing this type bank restoration for some 30 year without a failure in the structure. It is very difficult and time consuming, but it is a real solution to some serious bank failures on lakeside slopes. Dale Gustafson Greendale Design z1, CERTIFICATE OF SURVEY FOR MICHAEL PAUL DESIGN BUILD F; . OF LOT 14,EAGERNESS&ADJACENT VACATED STREET �;3 il _ HENNEPIN COUNTY,MINNESOTA RW, aoa_ -1,11- , % .,... a b s i I wi§ LAKE Z.i MINNETONKA iA / ".-/' `, WEST ARM �� aaaai/ NTC SHpU?.�lOi)Ll ;, 5D �y ri3_,i 'bZ'46"E 17551 -"'� "" ..d xFa:',2 } / � : u Bti-r---,,,w 0 WEBB STREET 0 w gf /c- , 'N, ;&---, - PROPOSED ,S fa 4; ', ''HOUSE ,^: eti. so as 4� $ - / , 8 4 ie i �1 r. ?'.W _/'; ,O+va'L 'R ale in,A. f/ /.� 5 �!U E4g„14 5 m.o e ,7 bs'5'1 /Ls.. ,� YIPS d 3 • Wig. -'raid so e 0 CERTIFICATE OF SURVEY FOR MICHAEL PAUL DESIGN BUILD 2. OF LOT 14,FAGERNESS&ADJACENT VACATED STREET HENNEPIN COUNTY,MINNESOTA :!; Lai 1 i LAKE 2 g 5 2 MINNETONKA 0 \.4) DITION TO SviA1 Dy\NOOD WEST ARM COFFEES D P°- / -, / . . N 897,2 36 E 175 51 maw.7 I -----' i7 .1: ' 'VACA---ID EBB00ST: "" ) WEBB STREET — " f;.... ,,,%,46,ti,,,,L„ ,' S4='*S0'4VAiY4, , PROPOSED E.No7NoS (,,, i i ...I 'Wilt,,,,,i 4.4,, .0 . 11.ij/ '44/4.V ' • ,G a age- •eB o . ..A.; 4. PROPOSED 4... ..554.,,fot. 4 HousE IP -vi, & "--r& - 10 f i ry tr -44 ill 41 LE.,OESCRO,05 Of Pli01.3 La 1 a Noe ooss awl aa ace.,a,a.we.st tot 11/11 1 o deostes.0000.re N.. 2,,A) , *g -.worms proposed Con pt..s 13 -----..--.—,--.;,..,--.-;. _./ 2 !!!. ____ I .," .._- . ., - / * . .. , ....., , ....- a. '1\ 17/ • E',,--...'•, 1 • j- ik- \ 1905 Concoridia ST --- .z. , Top View Timber Grid .. ... .„ A.t.A0.-.....--.1*.4- / -N,‘,....../ 112..4,Arix - - - - - — - - - - - - — - — — , ,t.gRApeosk .v ill ..„ .. „ . ....—....4419-0 . , , . •••••••.-...4•11• , '' i'.: I mo.salkzssattine I, ,,,,., ,-, .: ... ,Ailiiterttli / / / ...Av.,.v...... . .0411VNirate."' i At.4%-c.oNewier i . , Vc*t}1:401 / . ,. / • , .. , . 0.."........m.t....z -,,, , .0.*-1.....00,-..........; 0111.4:74411.114, map ee,•.21‘,.. ,11, IsN, / / • tr P.2 I,'tt-,. Aver.alp......41,42,0 ,*,•- -e,-',Illt>d' tr,-- Aerit.faktAr / 1.4- till" -• , / ,x0.1.,:::.pro-:- •,..1.-.1-; •,-,-*-..:, ,, .,,,, / • 4.441:10.1z4V 47-f-4: ' ---,w-z?' .4-*"41,- • / j it.itiArt:lara 'bawl..?'WI:4pr 21.• 214...-'I.," ••`. •Cril A 1 2 - 40,414.,,,..94r A ogrialetvz,40.7, #.4ettii. ---we' -0,7•10.' .iglget4'.0-4!k ollhi*Ii....114,,P*IP 4'a, akiii.014,10.441. , TJUSe.:4114,' Existing Shrubs, 4 / -0,1,c.,Aly ..,..:A.:. ' air.4.1116. 11-6,76.L.4:v Perennial flowers 414' • . and trees . -_ .70,,,,,- /---- . . .. , ,... 1/ \ . \ 7„..--/, c / ., 1 Typical Subterranean Interlocking Stabilization Grid m �R n oii Cross Section West side , s,, - 9 Drain Pipe connecting rock zones to riprap ' '.��:� .� 90.'s Vertical stabilization timber S�` L'� '°ws Horizontal tieback timber ��i sass Clear rock drain zone I,\� ''"f Lateral stabilization plate p f•r. 5/6"treated timbers(4'tall) if,,, across face of repair area u \ _ TEN Top Soil zone for planting `' i �,±i�ir� 929 a `off covered with mulch .. •{ao C4'-, Lake tiss.ei6.ka Fill area of iil compacted soil Clean Riprap ': to 931.5 grade Top View of o1 gt g _I- , v .- -- ,- cg- Engineer Stamp it' ti V t .w...a.m ma to•aelr Wave T n.winrfiprudww.w al Ito aVaa,eea laaaariel De...kw*ea/dna er.awns. )0 `1IP� r rl AwNw.. MAX kGREEN -�? Q, «+ £ it,it '. ire �r x 1905 Concoridia ST '� Planting Plan 1"=1 Oft / 1,, r' -�' . „�- I ) i.Iir tii� Id �.s _IL-2;k:, atw �� I s R € 12/Blueberry Delight#5 -� p* - {°lr '4'1=`\. 4'4' R��l� �h Top �Sg? 0 r r '--4'-';k:-r.,--,-.4-?;4'' i R � ^-?; a� , �,�rj2:1, 3 r and A. �i•• �j� * .EI _ cry�.►� 1 5/Buffalo.Juniper#5 :..s . ,.. ��' � 7 fi y � �' - It-; . pili �.•iI t -,+ r y 1 '1 i` 1 18 Dwarf Bush .�:,..=�%• , t s r 7 ,' v Ali Honeysukle#5 ''•R 44 t.. �s , , , �IIt ail YF \---, ►ia ii i `s£ '77 p" '�`' 1:'..j '4 -a,2„' f ,,- `�r��'� F t... ,,.•: ?: .�! `r i ', �2t' '1'/ -�� ''',7,-,,,411- y� za:/ -6* kc-A"'r W_'-.-,-, hili a•N' - . ,', , *11 _ ''" ''''t -.\ I _ fes' ,-Ft Vii:-% 3.•-•'''''-''.:(1 f ',,.4%,-;,-,?..:. tl'r 7 _ 3 -°a iittzkvolr , /r Ii .: __, 1,.. i.e Existing Shrubs, � "`� Perennial flowers ‘r '; 7.-----and trees , , .14:41,4.,%,./ce, _ ' ' .44. 1 _0i, 1 s �� Q City of Orono �0,,,, Hardcover Calculation Worksheet Property Address: f2 a5 c0 .,CQRO/,q Ir. 64,,(.y.}EL 00449'4. 71 c./.., 84./,‘.. ) `44-E=H0,-` Prepared by: GRo,vgFRC 1 ,9.1.10ClATCI' i,vC. Date: `� Stormwater Quality Overlay District Tier: (Circle one) 10;7)1 Tier 2 Tier 3 Tier 5 7-,3 q Step 2:FROPQSED HARDCOVEV In the following table, identify all 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 Total Survey Hardcover Item (Describe) Length x Width (Square Feet) (Example)Af(Garage) , (24'x 30') (720 S.F.) B ,3'Too 3338,2 S.F. C i. i < v ' (1TE Pp r, C 5 r&,c..c y) l 5-3 S.F. D pill/FeA./A )° 53 S.F. E OE ¢ S'T4i 2 CA S E /0/6 S.F. F AAr/o X79 S.F. G ,DopL `!8 2S.F. H .0E(k l7'CP1, I4,t-o/A-'�'f (t;k P-,..,4-- — 57�' S.F. I COA/tit Cr . A04.0S77 S.F. J ../0 , 161 S.F. K /tf7d�:_�.L_C i..4.001 GCS i4„, ) 1S S.F. L Ow if-o fj.rE RET4m/z4/G ltiA4/S 86 S.F. ni ZY2 S.F. N S.F. 0 N S.F. P S.F. Q S.F. R S.F. S S.F._, T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover S.F. Excludable Hardcover(See City Code Sec 78-1684): 66!7 S.F. I APE-7-4 iA.i•t%G WALLS $6 S.F. E /Yr /fio S'F cP JET /on S.F. L �t.C/FD 7/.w 46A I!!F rtew:.l eG l uA GsJ 2 Y2 S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line 11)) 6 S.F. (4) Total Lot Area (> S.F. pe. 7808, S.F. Proposed Hardcover Percentage [(3)+(4)] 2'497% 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 MINNEHAHA CREEK r WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE Pursuant to Minnesota Statutes Chapter 103D, and on the basis of statements and information contained in the permit application, correspondence, plans, maps, and all other supporting data submitted by the applicant, and made a part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant named below for use and development of land in the Minnehaha Creek Watershed District. Issued to: John and Trudy Wilgers Permit No: 19-321 Location: 1905 Concordia St, Orono Purpose: Shoreline Stabilization- 65' Rip-Rap Date of Issuance: 7/1/2019 Date of Expiration: 7/1/2020 By Order of the Board of Managers h Will Roach Permitting Assistant This permit is not transferable without District approval, and is valid to the date of expiration. No activity is authorized beyond the expiration date. If the permittee requires more time to complete the project, an application for renewal of the permit must be received by the District at least 30 days before expiration. The applicant is responsible for compliance with all District Rules and for the action of their representatives, contractors, and employees. Conditions: Project to be completed as described in plans submitted to the MCWD office on June 21st, 2019 according to the provisions of this permit. • All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters • All equipment used in designated infested waters must be adequately decontaminated prior to being transported from the worksite • Properly install and maintain all required erosion control measures until the disturbed areas are re-stabilized • Notify MCWD in writing upon completing installation of perimeter and sedimentation controls • When the site is re-stabilized and the MCWD staff has performed a final inspection, all perimeter control must be removed (Statement concerning fees for inspections, violations, etc... on following page) We collaborate with public and private partners to protect and improve land and water for current and future generations. 15320 Minnetonka Boulevard,Minnetonka,MN 55345 • (952)471-0590 • Fax:(952)471-0682 • www.minnehahacreek.org MINNEHAHA CREEK 1111 WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE Inspection/Ana onitoring Fees A site inspection and monitoring by District staff will be performed where the activity involves: • a commercial/industrial/multi-family residential development • a single family residential development greater than 5 acres or of any size if within the Minnehaha Creek subwatershed • any alteration of a floodplain or wetland • dredging within the beds, banks or shores of any protected water or wetland • a violation • any project which in the judgment of the District staff should be inspected due to project location, scope, or construction techniques In these cases, the applicant shall pay to the District a fee equal to the actual costs of field inspection of the work, including investigation of the area affected by the work, analysis of the work, and any subsequent monitoring of the work, which in the case of a violation shall be at least $35. Standard Fee Schedule District professional staff $ 57.74* District interns $ 36.44* District clerical staff $ 42.16* Consulting Senior Engineer $ contracted rate Consulting Engineer/Technician $ contracted rate District Counsel $ contracted rate Application fee $ 10.00 Copy costs $ .25 + actual staff time Color copy costs $ 1.00 + actual staff time • Hourly We collaborate with public and private partners to protect and improve land and water for current and future generations. 15320 Minnetonka Boulevard,Minnetonka,MN 55345 • (952)471-0590 • Fax:(952)471-0682 • www.minnehahacreek.org »L,xY. "gyp:..:.d- ^'.' -•' ,._. ... . aka J mar^ t'!4 s \" .sv. -�. I, �. . t$. . . .= r ,, r �k _ - • tic; " ' _ At P d r 1. '`,Vis... • .p .fit . ..__ _ ---- -- — ` - \ tf_yam - • S iii --'-"'"2.;,,,'...-'4".'...,,_` tom`/ J § mt 3 ,,-..1,?".:-...,,- ` rte - 4-r ,11 1 r • F a;.,.,f.5:--.. ""' y,r t, r. of`t � Ne 43 �� - ?. .- — tr; 0 • '. ,, .• fi � �. tt .. ' / , v - � - I - : G9F } ;4 � it ~ ,,:,,,A"•':rx js' J.�. r i -/ fi ♦ .++. �_",.�! � •�Jia »h .?'/. T r7 I. M yt'`.:�" ,(s,,, - ..Vii" ."'./.` �.5 t j ‘T.- - t.R;4::'''.-;k"_ Y.. :r-t.f/ - / , _�.-'' ,ti's' , �t s> i � tea _ 0 . _0 mak. _ , • ii .. e _ 1.� .: 1! } :• o _ dF • "'mss /d rf t / } 1t�k., te, • ?.'4 % . 4,. t ` .,.._._,..,-4.,....:.,:e....,,..6.;,.:,_. .. .....:.... �¢ Ex , Y r jryy/y��r • '' ios ^-A` ! t1 4, ,,,,-.2,•-;:.2 a- '•:-.1.0 • a y .4..\.,Z.-0 ^ 1 t '1,70k7, 1. tib. _ _ i _ - _ _ jfer ,rte`./, w -- _ / Y I usso"- ' 9 > - . .... .. 'Xt.;.:0001.-.. /':-'4';..''' . ' '''''4110*'''' - - /,. ' .._ _. /!-s i * F • ! it • •':'') 1--.,..";,',...-.2-/ t --- f ( • e .. - -i•'iF i J®, h rJ- .,- • s • - / 1} ; y r I. i\ .fir}� �_� ' .4..t !yr * ,, y - ~'� 44k 41-;-',V,, 1;t o afV 1. W TY 0 . J ' ill a':' • C-.GS ai .,s __ -,as.. �` 'jE,�. •to r, � E..Y? tl.? , :": , te, : 3P v i, � z_ 'fir � t :''''-,.::••••.-=— „ c � �v; - -y ;'t• ri. Ike ;i 1 .' ,, o \ � -,l tt _ r e •.�-• �. .. Y r -"\----..s— ` "rte -� ,•- • 7r. ':4,... _,,� M1 .�^ _ 7 • ``�, :40...",,,.-, r_ � ' a X>1„,- / h _ ti/ ^V � • <` ,— f ° '�„ x--,7-4t, / 'y �. ."� j.. �h ��• .f a-3""Y�t „ Yr,.r — + '*.,,,r•-•,. ^', , 0,s,,,,. 4 1, 'c /-,;L:'•*-- , - f ,• ..i ,. � a_ mac. ._ ,. .p.. n' ham... s. r ♦'- ll J. J ' '.>.. -f .. . -._ . -•_'� �..",�...," ._,•�'. 4.r+"4 Fi t,ter •,'"'''''''':-.7----7" -... ''4. LJ b"sY,--.‘77,',--,-3,: ;-5.T#4. -----,-,-...`;-- , -"*•- GayL--. ' ::: ir, " ms ` -^ i , il tr 1. �' F ` ' � x v -_ ,.- . �` 4,,,,,,,,,,,,,,,4t--,..,„, ..„.„......,„ ' �. _.<r '"i----r. .,,, "^- .��i ''--,' . _, �"h, - mow F.a,....„....,4.% ,.• . ,{ -` � x '�4' e a , 8 xCr ..tL... ,'''''''''.:-.;:'±:'-- ..� � , � 6- ,.. : " r • �► .� - ^'-' _ - - • 4 i 4• f f ,-,-,,,,,•.. 4 .:yam ?.' ;.}- — - / .A LL i _ _,,,r. 1,.....,4,_ . .. _ ..„ „ ,,,,„:„.„,-___: ._..-__-_-- _,J....,.,, ,-..:__,.:::: ,, - __. -.. .-----.i.-.;,..._c----04-,,;,z4.1_,1---,7,-.., -,„ - . •—• !- -:-..-----"--,..7'11-_-- -7•1''''''':'7' .1.:-.----T-'t ' . ' .. ,.'°-1. ::. ,,.`•,',1''..4 . .''',..;:i7`'4-'7f)", . ',,,,eL'.' ""rY:'''k . .',-4.44,i'„..-it 50,7*,..;•'147-':.--4.,7,,..--j,it--‘,„; '1�z .., ___ ._.., .,, ...,, .. . ,,........ , ....„ _ _ ,- - _,...3-;--- --,,,,,,,„_,,,104..„1,4, ew-%:_, ,,,.._ ..:. , ..k. . _ .., . 1,,, , vitt . :_t,,,)„,,,,_ _. A v'1 It Y' `,,.. ..` $ : ; "moiam . 4 -`'-,._ a-` ..1'' �-/{(J T _+r w.a t'r, ,,,,.:-_:-Lr:rJsv '''''''',.•/1" d J;rr * \ '‘. ' ' ,, ' , , \ , "'N \ : , '\; .,„,,,,.1.:,..r....,:-., - it. / t / I 1 $ r E r , :5 , tr ti vwYn � t , �' )--r. ' r � ' , __ .7-- . . , s S . k F i • t a 4 xt J. ,fit ��: 14 ;L't fit , �'SIl t: '�+# *w:j{Y „:4. , . "� "` w `3c*`#--1",,„ � Ql rt.� 4 `r w �h L 4S, ,..4.0)4,,,,,J,„ aa �� ,� [ 4 G "...::::4,:"..14.:,•wj 9:'r1 t {r v w 1:1,,,-., 1' # v • rP'` t. ' _L -'". t !.''''',p,y . .,i w 1 YTct {m.• r. /�a, .SS '' rs+2 . <J,�, � .z �m "� „...,,,,•.•.•,!..,•t.:.; ,..,, 4,.,.._ ,. t ) "1p t a ,- ,. 1 f,t t.' r'i i •'.. 6 1 P`F .1'..7,',4” v t ., j#+0` "''''r S3 x� � .O �'t,, "''''''''......-1::.'744"•'' ,' Cy < ru' ,I It .....f tJx xsa tc � � 'tt •c t `+: _ �k a � w r t � ,. � � y , '� 1. u '4',', ` s 'L °•:. '",.1;,, t . r a'" / �t „-/•.(41;•••.;%,',..•, 'tF �/ � "�+ �. •” .� t s�,Y< t to � '�: ; t '�, tY,3 ' r ''%,-.. fix I �, y i^ ti f / • .,� ��• Pt.3„ �`Lt r 4 0 -. i';',4-t.' q«- tw f _ - �a rc f �' N. fi H` 1 � ` ',� tic ."),•'',%;',., +. ''..t„','e � i'''' t •nt# t Slt � :n i: / 1 .si . '..e,„0.,,, 1� - ± • t �wg i •a 4 j :t s �`m ' `Y � '� :7y 5.. - � t Y� r± v+ y I 3 ....,::‘,72.,, '"'+t.�", t ` � .:st} �'x � . ' 4' '.. _ t,�a 'wk L. t Y , A .. 4 � r-�1 8 1`�q 0 'x.-.:,...-.7.';',.-. '. ,' s #}firr ' � i.T ,i •i � � �'V\+ .• '1,,,i,,,,',. � �%. C�+Se "te • � ;yy��f°, is 7447,4ii tr.' ` ;t J, r i.i t ` 4 ' " it, P t r 1�1-4,.,': } 4.$.,, '; t g r ,4tt G" 1''1::: ', I' "kz 6 ;4f, �l' +r.Ayi.•7•1,• .r I .o 1. t 7 , 44 4 a +..,� 3 �3 r As..-'',s , , ,), s,,,,,,,,;„,,;,..7,,;:,...7 �� S� .4 ',5 t 't` + s c + i 1. ` I +J 11,1 J r , t 1 i , tC !y, . Y r aa" . r. ///' 7 _ �� Iri�/f ��ti�� ''� 4��, yk �rA Y 1�(• �f�+y �J t�. ,..,4.-,... '+� ▪ id "$ rJ H „��., 11 Af {,. ; h T si r ! ,.l�._� .� 4� ��.5�. f;,‘.,.) ��. f tl�..�u � f,1 :',.L.'2,'''.' dt I�'' i , lr tJ"�� S�L{ 1 � � :- _- .'b!,,.f�.. �� i) �! !{yi� 1� 1! • ` � t��1k y„16�� '..t.,. y 1 �t''..'4".;... t> �} � �� ` / '.J:r * � Ilr .,t,„4” ii {�L �• .. rr . :..,,.4 t ��, iZr ttr 1 -t �fj41 � _ rvr ',i,,111,11t '4 4. ' �.t :� A s 4�1�,. ld sfjer J14t1.:, + 4 , i °' .1';',, t t ti, ..T: '#7��ir i '- i �I g � c.. i S1 , SS Nor� ' , i ‘ii /6117 f i� !'} i 4 '4 ,i ' � t` i ''',''.;•4.f,' , 't t t� t,a▪{X) k n �/' /// �I 11 I1. �� '''''''i.� n-.:,,,`'..,.. '''''i 4 rte' '1.i.,„,.? 4 r`""_ " • 1,71111i �k �tt .r i if i`} r k+t ;' ;#!� :7 ';:l t rr 1• t •��r�'!� #f�1 i ,J %`` ^ W / ' „ . W {{t� i+ 1,1{4 ig e I 1, t j 'fit 4�'d�l't+ # !t �' ;7.� ( 1A--- 4 ll k't41 � 't1t° � IY tt sto3J 4 Vie; ,, b%n � ,�Gt 1°+f} .a t, r �• 1^ �:rbli .- ad°� , ., from: thft To: Mit&Wm Skala.: 1995 Coma*.Street avec TYeWey.Juno 1420191512!YM y Y 1 v0. i►T{Tracruralz.-:"------: :4—"," ,------ '""..4.4 es 13 .•,:",fir _ " .-�" Vel -:,••.... 4 - / 0 • • ti . jrr • 4,4 • .. � q. ...mss•, *7-1';-ez� - .. .. • i7" a y r-.y�e. LSp+ l; K• 1 Lti r 'a.. t' . ° i -y , J tom �< -/ 'i ` • r • � 41.4' _ . . "" �,• `# � M �� ty F� �, y'T' .,,�s+i1 +�•--S! ^R.` ",4 *riE`�5�.r. .�a.7.r...-,7 s$P 9 - ...:.:,,,x.7,-,.: ..,,:..,'.,:.l.9-,-,';.,i. ( ,,:"-,......,..4.•.-;'`..:. N / v r.rr a s- ti a - yy , e'I �. aI• •nal • ' tlI ":P 4. .i- Is".-1if • ,,,...r4,--.5,. ....—•..4::-34.1....- --,, ,Y.••••'-'.'2.,...4,-.:111 .:::.;=. Y• Y-.\ "'s ' '� r! .�:1- -..rte . 5 ��2 `. a ;. ` l • .err If- � r3. .. 4.-..»s' � _ 1 •t' _ ,!wYr , .yam f, 1 , -• RUN DATE:06/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 17-117-23 22 0015 38 17-117-23 23 0012 38 17-117-23 23 0028 L L GEHL WING&J W WING ELLIE L BOLDENOW DANIEL MCINTOSH 1825 CONCORDIA ST 1937 EAGERNESS POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 LISA L&JOHN W WING ELLIE L BOLDENOW DANIEL MCINTOSH 1825 CONCORDIA STREET 1937 FAGERNESS POINT RD 1945 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 22 0025 38 17-117-23 23 0015 38 17-117-23 23 0031 DIANA LYNN WALKER JAMES R&DEBRA CROOKS TRUST NORA K DAUM REV TRUST 1800 CONCORDIA ST 1932 EAGERNESS POINT RD 1920 EAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DIANA LYNN WALKER JAMES R&DEBRA 0 CROOKS GEORGE DAUM&NORA DAUM 1800 CONCORDIA ST TRUST 1920 FAGERNESS POINT RD WAYZATA MN 55391 1932 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 22 0038 38 17-117-23 23 0016 38 17-117-23 23 0032 JAMES KELLY&MARGARET KELLY KURT VEGDAHL NANCY A TWIDWELL 1855 CONCORDIA ST 1926 FAGERNESS POINT RD 1865 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JAMES A KELLY KURT VEGDAHL NANCY A TWIDWELL MARGARET B KELLY 1926 FAGERNESS POINT RD 1865 CONCORDIA ST 1855 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0002 38 17-117-23 23 0017 38 18-117-23 14 0001 B D KAISER&C B KAISER A F-THOMPSON&ERIK THOMPSON J OLAUSEN ET AL TRS SUBJ/L E 1885 CONCORDIA ST 1940 CONCORDIA ST 1895 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 BERNARD D KAISER ANNETTE FUNKE-THOMPSON BRIAN SUNDSTROM/JUDY OLAUSEN CAROLYN B KAISER ERIK THOMPSON 1895 CONCORDIA ST 1885 CONCORDIA ST 1940 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0006 38 17-117-23 23 0018 38 18-117-23 14 0008 JOHN EDWARD WEIST DANIEL MCINTOSH J BUBOLTZ&C BUBOLTZ 1920 CONCORDIA ST 1945 FAGERNESS POINT RD 1973 FAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JOHN E WEIST DANIEL MCINTOSH JOHN BUBOLTZ 1920 CONCORDIA ST 1945 FAGERNESS POINT RD CHRISTINE BUBOLTZ ORONO MN 55391-9320 WAYZATA MN 55391 901 RIDGE CREST DR CARVER MN 55315 38 17-117-23 23 0007 38 17-117-23 23 0019 38 18-117-23 14 0009 CUBE INC PAUL J&PAMELA G BOZONIE G L EKLOF&C F LEE 3997 WEBB ST 1825 FAGERNESS POINT RD 1965 FAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 CUBE INC PAUL J&PAMELA G BOZONIE GARY EKLOF/CATHY LEE 35 NATHAN LA N #119 1825 FAGERNESS POINT RD 1965 FAGERNESS PT 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 0010 KURT K KROLL JR PATTI J RADEMACHER ET AL M S IVES&K F GEMPLER 1905 EAGERNESS POINT RD 1837 FAGERNESS POINT RD 1955 FAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 KURT KROLL JR PATTI J RADEMACHER KARLTON&MARIA GEMPLER 1905 EAGERNESS POINT RD 1837 FAGERNESS POINT RD 1955 EAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0009 38 17-117-23 23 0021 38 18-117-23 14 0011 BRANDON C STOVERN T N SHUMAN&S L SHUMAN J B WALDRON&LYNN H WALDRON 1913 FAGERNESS POINT RD 1849 FAGERNESS POINT RD 1951 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 BRANDON C STOVERN THOMAS N&STACY L SHUMAN JOHN B WALDRON 1913 FAGERNESS POINT RD 1849 FAGERNESS POINT RD LYNN H WALDRON WAYZATA MN 55391 WAYZATA MN 55391 1951 CONCORDIA ST WAYZATA MN 55391 38 17-117-23 23 0010 38 17-117-23 23 0022 38 18-117-23 14 0012 D L PETERSON&E M PETERSON CHARLES KROLL JANET RAGATZ/RICHARD RAGATZ 1921 EAGERNESS POINT RD 1890 CONCORDIA ST 1945 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DARRYL L PETERSON CHARLES KROLL RICHARD W&JILL RAGATZ 1921 FAGERNESS POINT RD 1890 CONCORDIA ST 1945 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0011 38 17-117-23 23 0023 38 18-117-23 14 0013 MATTHEW M JASPER STEVEN D TOWLE ETAL S W SCHUSSLER&S D RYAN 1929 FAGERNESS POINT RD 1850 CONCORDIA ST 1935 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MATTHEW JASPER STEPHEN D TOWLE STEVEN W SCHUSSLER 1929 FAGERNESS PT RD 1850 CONCORDIA ST SUNHI D RYAN ORONO MN 55391 WAYZATA MN 55391 3216 GETTYSBURG AVE S MINNEAPOLIS MN 55426 RUN DATE:06/20/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 18-117-23 14 0014 THOMAS M KONAT 1925 CONCORDIA ST ORONO MN 55391 THOMAS M KONAT 22275 BRACKETTS RD EXCELSIOR MN 55331 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: 6/20/2019 ` tea�-, �4.Y _ :41!-4:'' '''....q-i';-&-.4' C - -h : , i : z 17 5 pU ' , g. '-;44;:::,i-.444:4-444'44.-.- * � � � 17 8D p. ;a =--- z� 1825 i'r31 -' !424 L 1815 ' { l,z 1855 1800 031 _ (31.1 /446/ithik' s ' 1865 ' *. rg ter - 1825{, 4.4J 0111W.",,ee,' Ilk y ; O 1885 850 4 t23,r ' WEiliqWeitftlilf 1837 3' t `4 - € ' _ t 4 1895 tr 89 10 4. GA 18490 y ;r�� yjx / 1 rii+�ra t. ,/ A 3L a *r vt-I-Plaza 1$ l 1905t3 in C3a 1905 .irlitilt-44s di3rd . 3 997 1913 k,,-,.-ti7,:imi,.:,. ,titovbeigootiv40110 " .. 1925 1920 � t j a# ter f 1921 st- aA1935®1 ' ,/- w tea_ 1940 yr) 192_ 1214*IggitiV,11," ... cm ,.. ...... ' 'p 1945421 ozi - . 0`3�s �., 1937 ' :i 1945 ' 1926 ; Ya 1851l =74 ? 1950 - 1955m1 19a? 7 _ ;" 1965 • 41 1971 t7r I.T,: x a t r - >`'}` q a �iyxvsem+ s ' y- 411116- .tea ...A; % - 0.1 r _ %� .a 1975 g) ' Pp_ r ,5119$1 -47 a is x - r ,x1987 '� Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIII l 1905 Concordia Street This data (i) b 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 shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South Minneapdis,MN 55487/gis.info@hennepin.us :°IVo To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator A From: Melanie Curtis, Planner 1'Y1GG IKESHOO' Date: 15 July 2019 Subject: #LA19-000052, Sven Gustafson o/b/o Orono Orchard LLC, 385 Orono Orchard Road S, Drainage and Utility Easement Vacation Public Hearing Application Summary: The applicant is requesting approval of an easement vacation. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is seeking approval of vacation of a portion of a perimeter drainage and utility (D/U) easement in the plat of Smith-Dettloff which is no longer necessary due to an administrative lot line adjustment and subsequent subdivision of property. A replacement D/U easement was granted along the new boundary between the subject property and the plat of Orono Orchard Hill. Utility companies have been notified;from our information no utility or drainage improvements are located in this existing perimeter easement to be vacated. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the vacation; no new easements are recommended or required. List of Exhibits Exhibit A. Application Exhibit B. Proposed Site Plan—area to be vacated Exhibit C. Plat of Orono Orchard Hill Exhibit D. Boundary Line Adjustment Exhibit E. Utility Letters Exhibit F. Property Owners List Exhibit G. Plat Map Land Use Application Summary Application Date: 06/21/2019 Address: 385 ORONO ORCHARD RD S WAYZATA,MN 55391 Parcel Number: 0211723230005 Land Use Number: LA19-000052 Application Submitted By: Agent on behalf of property owner Owner: Name: ORONO ORCHARD LLC Address: 153 LAKE ST E WAYZATA,MN 55391 Applicant: Name: Sven Gustafson Company: Stonewood Address: 153 Lake St. E Wayzata,MN 55391 sven@stonewood.com Contact Information: Associated Contact: ORONO ORCHARD LLC Associated Contact: Sven Gustafson sven@stonewood.com Associated Contact: Associated Contact: Project Description: Drainage and Utility Easement vacation 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: I I I L. \=-PROPOSED VA CA TION • \ \ \ \ ' / OF THE DRAINAGE AND UTILITY EASEMENT LYING WITHIN 5 FEET ON EACH SIDE OF THE LOT LINE BETWEEN \< LOTS 1 AND 2, BLOCK 1, SMITH-DETTLOFF ADDITION. \ \ Q \ \ \ � LOT 1 LOT 2 \� \ \ \ \ U \\ \ 2 O R \ \ he \�9 jk?, \ \ '%• \\ 7s`G / °° \ N / '.)°• N 0/ \ ''P/ \ /°O N N c /D° \ / C.) \ O // 0 S4, 4, iV 1 99 1 ..J 1`'7/,-, — 86'808/ M,9b,90o58 N . 4Q££ — — I _.. / = 08 -A----__— :;_2 i„_—_--__I —_--_ t-*w 5/I MS do'+oo 35= f ,� 11 A. 4 _ .r 46'4L4 '..Z'a0SW b/IMN Wb/I M510 auli 4frtng+ -&J 1 Ng o.. .” I.VII MS to aw_�/W 005_. I Z'o as lob/I MN iv b/I MS 40 400f Op I.4£ 55 ! o b0�, t R t '" _ 1SdM to 004 100310 uoll�a00040410 a !q e f I I, 'L j' /' ,1) o s..\.F, tit, � . /j I :.'' Z roOS fo b/1 MND I�- ( / blIMS,,.0.1110.3 1 m 1 .5 % a Ia / O i # , 'm *� 1 a i D w ea �_ \ y t j o aJ. it V M,9b SOg58N,. acus : Xo') 8r4 s%,,\\\¢^oa 1 1— O o - °" *,. 1 Q 1 2 SS \a',,4, I ,,;• �; .;; ,-. E+.., Z�aSW 4/I MN 041110 b/i Ifo; A✓ Ie,miioSaf1441lalallouad 2.-... \\\.. ., ` 0£56b M„BL SQ.I6BN 1” ^' ff � ,.. ... -. I i- :�- I \\‘‘'S.," Z�Sdo 0/IMN041 fo 4/IMS 04440 j =1 E£ ££ 1 \\'Cna :0011 Vlno$aMl NllM 10110400 Gully I D ' I •' \ ( \\ ♦ •Z PUB 1 S10�UaBMlaq f.16Pur10q "2 30S 70 5/I MN 041}o b/I MS 0411}a:. ",'4' 0001 10194.44 4410 101104300 00411 tf. s \s� Itt q ."uowwoo lawlol aye 6uols p110 pus ,j,6 ��a4 31 ig aq of Sluawasea A I�iirl pus F S`2\ it,ze f. S SUIS p i)01AaQ gUw9 6ugslx3 I s qhs s --- _ —.._ _._ L. 60'29£ ..00068 N .*.41** . Z'oab 5 /i MN'b/I MS 10 00011503 ' ': .,. I L 5 5.91.08'34 R.T. DOC. NO 5841 e.aa ......,,.. , CR DOC DOC. NO 7 ORONO ORCHARD HILL ; q C ,'CEP 5/O N m . 's4,- 0 50 NO I50 - 56,54'04"W - 111.64 ,y e� SCALE IN FEET 29" _� aNc 0T 4 es cs.a . - a I& c i9 •y ry n14 2 o «sos< Ha. ,i .-DENOTES NON 4.4,..NT FOUND(.S Eo) _ - -,NoOT „, Ta Sw�" 4s_ -ENN'.T.as.L. / N N 6,05'48"W 77597 Land Surveyor Frank R Cordorelle SHEET 2 OF 2 SHEETS I Doc No A10621530 Certified, filed and/or recorded on Dec 18, 2018 2:56 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1772034E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Doc No T05583045 Certified, filed and/or recorded on Dec 12, 2018 3:32 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 1770050E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1470890 This cover sheet is now a permanent part of the recorded document. ' i Y lol1l '; r+P '. (1{ SII" ,{p' 4 X'(' 1 4340"8 ,N si ,, 4t,", h.r,y y a As r �r.w,�,,.,3,, r�'a..h c• n, t qi ',-,..,4 r 4 �� k�41 t�u1 1 A400....%--,,.,,44.6."'0,- r0�1f 4"44 ''„4VI.. i that d'b k. 4, G c. k .`:\tt » 4, 11 :4 T,hb, �k' , , i.:: � a S R �.•'P lFwe� h u. :r• e. i A 514 r '-4' :#�'� to t5 rw �r�� k�.�' 1^ fw ir4 r a�r�F n� +" ° IP 41 " o ® .> �irk�t� s �'r� 4 i :'... A "{ , Cr()• 1�rI341 � r4 i4 , 'N , r+L'd ki htgY2001#'44- I.,-`2,'.f,r, �, �ti, 0 o r li iia ® �®! f�11' ` 9 $a', j�o i riA f 0.® D 2 °a b ® ••i`� i , iip g:tio 8F ,fir"• e : r..{'3 . n ''' .:-, I' �`.4Y.gY V �y +14 •i, ,t : 3 ,,„"W 4. �- k• )t � e • P... : i fid. `. , A'� )/ State of Minnesota Case No.#LA18-000088 City of Orono The undersigned Community Development Director for the City of Orono certifies as follows: According to City Code Section 82-200,the land subdivision as described in Exhibit A,and depicted in Exhibit B are excepted from the subdivision requirements outlined within Orono Municipal Code Chapter 82,Article III, Divisions 1 through 4 because it: Is an adjustment of a lot line by the relocation of a common boundary[Cite Sec. 82-200(a)(4)]. !I/16/ 8101(.7(---- Date J remy arnhart Community Development Director City of Orono State of Minnesota ) County of Hennepin ) The foregoing certificate was acknowledged before me by Jeremy Barnhart,the Community Development Director of the City of Orono this 16th day of ►ovem ,2018. 111l!'/llllllllllllllll./Y✓lll.•� lAkdAliber.21 �. ' ti a ANDREA LEE N ,i,;; :a ; Notary Public 'i, *�' ' NOTARY PUBLIC-HEMINNESOTATGES • ."•�` t My Commission Expires Jan.31,2023 ll ; w. My commission expires:S4,ML 31 i'Zea,3 lllllfll�lllllllll✓llllll.�-�J� This instrument was drafted by: City of Orono 2750 Kelley Parkway Orono, Minnesota,55356 #LA18-000088 Exhibit A Page 2 of 3 Existing Legal Descriptions: Lot 1,and Lot 2, Block 1,Smith Dettloff Addition, Hennepin County, Minnesota Proposed Legal Descriptions: PARCEL A That part of Lots 1 and 2, Block 1,SMITH-DETTLOFF ADDITION,which lies northerly of a line described as follows;Commencing at the southeast corner of said Lot 1;thence North 0 degrees 05 minutes 55 seconds West along the east line of Lot 2 a distance of 211.14 feet the point of beginning;thence South 89 degrees 54 minutes 04 seconds West a distance of 114.64 feet;thence South 38 degrees 54 minutes 49 seconds West a distance of 232.95 feet;thence North 50 degrees 30 minutes 10 seconds West a distance of 589.61 feet;thence North 0 degrees 07 minutes 06 seconds West a distance of 115.50 feet to the north line of Lot 2 and there terminating, Hennepin County, Minnesota. PARCEL B Lots 1 and 2, Block 1,SMITH-DETTLOFF ADDITION, EXCEPT that part lies northerly of a line described as follows;Commencing at the southeast corner of said Lot 1;thence North 0 degrees 05 minutes 55 seconds West along the east line of Lot 2 a distance of 410.99 feet to the northeast corner of Lot 2,the point of beginning;thence North 84 degrees 25 minutes 53 seconds West a distance of 261.89 feet; thence North 50 degrees 30 minutes 10 seconds West a distance of 589.61 feet;thence North 0 degrees 07 minutes 06 seconds West a distance of 115.50 feet to the north line of Lot 2 and there terminating, Hennepin County, Minnesota. #LA18-000088 Exhibit B qq $$ , m Page 3 of 3 �`a ' ge 1�'o-m q R o N 0019J'32''E67990 N 05V7'06'w 23529 N 00'0706"W 115.5 0 04 cY 4.a 0\ LI m 04 n o /i :71 P. 7 74 '.4..C'')) w ,r=,. n s �� • X �.2, s�P z. t / 4 / s q �7 .0 �$ 4 9 o� Ak rnr osr Lee cru or a - / j \1 615.57 \\ o/. �� 100 'yC S 00'05'56'E 818.39 ORONO ORCHARD ROAD rg c; i r< i=a;oo 5i .2U Bio __ RIE-4, ?48-5487. S•"- m, :_ L2"'ilgs's�. �..;.°Gale _4. 8� g ��_�?r'- 2:1�R ;;t tII: fI F.Be.u is > 'g ,i a vf ac: qat1.?:f3a m 5fh -&4k-:.a ase � _ §is3„,, a3.- L$_ z_a =i1;11:i9. E :i`.S.S333 a„K,+.„+, PROPOSED LOT UNE `-Y.wN-.t-cr� __p+.r, , -REALLICNMENT- sS'i?c� + k for PR,R Cara...u..`n�..r. F Q MVP. P,:b31OR”` ,_..._.___ STONEWOOD LLC E "1->a,+ 700 st CenterPoint. PO Boxe1165 den Avenue Energy Minneapolis,MN 55440-1165 July 11, 2019 Melanie Curtis Planner 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 952-249-4600 mcurtis@ci.orono.mn.us RE: Vacating the existing drainage and utility easement laying within 5 feet on each side of the lot line between Lots 1 and 2, Block 1, Smith Dettloff Addition. Dear Ms. Curtis CenterPoint Energy has no objection or issues related to vacating the existing drainage and utility easement laying within 5 feet on each side of the lot line between Lots 1 and 2, Block 1, Smith Dettloff Addition. Thank you for the advance notice. If you have any questions, please feel free to call me at 612-321-5381. Respectfully, CENTERPOINT ENERGY b)((t/5.- -- Chuck Mayers, SRWA Right of Way Agent Ill charle.mayers@centerPointenergy.com pc: Keith F. Collver, C&M Supervisor, CenterPoint Energy David A. Olson, C&M Advance Foreperson, CenterPoint Energy Dan Christensen, Area Engineer, CenterPoint Energy From: Niess,Shawn To: Christine Mattson;Easement,Nre;Milbrath,Nichole;Rashad,Methuria L Cc: Melanie Curtis Subject: RE: D/U Easement Vacation Request-385 Orono Orchard Road S;Orono,MN Date: Wednesday,July 10,2019 11:10:19 AM Attachments: image003.joq Good Morning, CenturyLink is okay with the vacation of this D&U Easement between Lots 1 & Lot 2, block 1. Thank you. Shawn Niess Engineer II 425 Monroe Street Anoka, MN 55303 tel: 651-312-5389 cell: 612-352-8543 shawn.niess a@centurylink.com RUN DATE:06/24/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 02-117-23 22 0005 VILLAGE OF ORONO 265 ORONO ORCHARD RD S ORONO MN 55391 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 02-117-23 23 0005 ORONO ORCHARD LLC 385 ORONO ORCHARD RD S ORONO MN 55391 ORONO ORCHARD LLC 153 LAKE ST E WAYZATA MN 55391 38 02-117-23 23 0006 ORONO ORCHARD LLC 387 ORONO ORCHARD RD S ORONO MN 55391 ORONO ORCHARD LLC 153 LAKE ST E WAYZATA MN 55391 38 02-117-23 23 0008 PARTNERSHIP HOLDINGS LLC 38 ADDRESS UNASSIGNED ORONO MN 00000 PARTNERSHIP HOLDINGS LLC P O BOX 5628 MINNEAPOLIS MN 55440 38 02-117-23 24 0002 B S JAFFRAY 320 ORONO ORCHARD RD S ORONO MN 55391 BENJAMIN S JAFFRAY 320 ORONO ORCHARD RD S WAYZATA MN 55391 38 02-117-23 24 0003 WILLIAM&NADINE MCGUIRE 280 ORONO ORCHARD RD S ORONO MN 55391 WILLIAM MCGUIRE 315 WOODHILL RD WAYZATA MN 55391 38 02-117-23 24 0006 S&H OSBORN 360 ORONO ORCHARD RD S ORONO MN 55391 STEELE B OSBORN 360 ORONO ORCHARD RD WAYZATA MN 55391 38 02-117-23 31 0047 ORONO ORCHARD RD PROPERTIES 450 ORONO ORCHARD RD S ORONO MN 55391 KAPLAN STRANGIS&KAPLAN PA 5500 WELLS FARGO CENTER 90 7TH ST S MINNEAPOLIS MN 55402 38 02-117-23 32 0001 EDWARD H HAMM TRUSTEE 485 ORONO ORCHARD RD S ORONO MN 55391 EDWARD H HAMM 408 ST PETER ST SUITE 434 ST PAUL MN 55102 Hennepin Hennepin County Locate & Notify Map Date: 6/24/2019 „of"' a st ' 1315 ,' t s .- r�.' y�'� �. t ,,,,-z.. r x tr _ a4 �. ..mi, , i. `� e a, G� rt fi 'i' p T l „,, e`°4 . > .:+fit 2 x z " c ,j r ` ,. 0 4 t 4. E` 9 S x" ,.� . ,... .. r.> � ��;: � ,,-fir .�..��' rt 280 .. x 385 Psi. at 320 387 1 I? -rwEas+FL rernf7Eo - - 360 0 e' ) #t) L f3 485 — , .. 450 to 0 a r. Buffer Size: 500 0 50 100 200 Feet Map Comments: 11111 II I l 385 Orono Orchard Road S This data (i) s furnished 'AS IS with norepresentatonasto completeness or accuracy; (i)is fumshedwith no warranty of any knd; and (ii) 'spin for legal,engineering or surveying purposes.Hennepin County shat not b e liable for any damage,injury or l oss resulting from this data For more information,contact Hennepin County GIS Office 303 6th Street South,M i nn ea pd i s,MN 55487/g is.i nfo@hennepi n.us To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 'IkES H 00' From: Jeremy Barnhart, Community Development Director Date: July 15, 2019 Subject: #LA19-000053, City of Orono Text Amendment:Average Lake Setback Application Summary: This the first step in a larger discussion regarding Average Lake Shore setback provisions, and whether modifications to the ordinance are appropriate. Staff Recommendation: Planning Department Staff requests direction. Background The Average Lake Shore setback is established in 1992 (Ordinance 101 2nd Series) to protect the views of lake shore property owners from encroachment due to expansion and placement of structures on neighboring lots. Typically,the average lake shore setback is established by the location of the principal structures on the neighboring lake shore lots,though there are some exceptions for lots adjacent to right of way or vacant lots. In the 18 months since January 2018,the city has processed 48 variance applications; of these variance applications, 8 included a variance from the average lake shore setback in some form. The regulation may be found in Section 78-1279: (6) Average lakeshore setback. No principal or accessory building shall be located closer to the lakeshore than the average distance from the shoreline of existing residence buildings on adjacent lots; except that this does not apply to patios and other accessory structures less than 42 inches above existing grade, stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further, the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries. The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the residence buildings on the immediately adjacent lakeshore lots. a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of-way, the average lake shore setback shall be equivalent to the setback of the most lakeward protrusion of the residence building on the immediately adjacent improved lakeshore lot. The City Council recently observed a situation where the average lake shore setback didn't realistically protect a lakeview, as the setback line prescribed by ordinance went through the neighboring principal structures (Exhibit C). That, coupled with the variance frequency suggests a review of the regulation is appropriate. Average Lake Shore setback was last amendment in 2015,to accommodate lots adjacent to right of way. Analysis This item is not yet scheduled for a public hearing. At this stage,staff seeks confirmation of goals FILE#LA19-000053 July 15,2019 Page 2 of 2 prior to developing solutions for the public, Planning Commission, and Council consideration. Staff has polled area communities to understand their regulations attached as Exhibit A. Excelsior, Wayzata, Tonka Bay, and Minnetonka Beach have an average lake setback similar to Orono's. Victoria relies on a 100 or 150' setback (based on the lake classification), and Mound does not have any additional regulations. Goals. Staff understands that the following are the goals of the ordinance Preservation of Lake views ■ Is it the city's intention to preserve a 180 degree viewshed,free of structures? Or reasonable views of the lake,given inherent development densities? Accommodates various unique circumstances ■ Include meandering, concave, convex shorelines, peninsulas. ■ Extreme neighboring setbacks (Farview Lane,others). Is it the City's intent to preserve views for homes that are setback more than 200 feet from the lake? Should there be a maximum ALS? ■ Unique orientation to the lake (Forest Arms Lane). Is it the City's intent to preserve views where the homes are orientated over another's' property? ■ Lots with double lake frontage Clarity. Any resulting regulation should be understandable for the layperson. This often precludes numerous exceptions. Examples of lot configurations and the unique circumstances they represent are attached as Exhibit B. Note the setback lines illustrated on the exhibits are estimates only, based on aerial photography. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission agree with the goals? 2. Does the Commission have additional goals that should be included? Planning Staff Recommendation Planning Staff requests direction. This direction will be provided to the Council, and both will be used to develop regulatory solutions for future consideration. List of Exhibits Exhibit A. Area Community Comparison Exhibit B. Lot samples Exhibit C. Pence Lane example Lake view protection in neighboring communities Excelsior 17-6 (2) Ordinary high water level setbacks.The complete shoreland provisions are found as article 60 of this Appendix E. a. No principal structure or building addition other than an existing water oriented accessory structure as specified above shall be located closer to the ordinary high water level than the greater of: 1. Fifty feet, or 2. Five feet on either side of a line which is drawn between the two closest riparian principal structures on either side of a proposed building site. Mound None Wayzata 991.09.D No principal structure or building addition other than a water oriented accessory structure as specified above shall be located closer to the ordinary high water mark than the greater of: a) Seventy-five feet; b) A line which is drawn between the two closest riparian principal structures on either side of a proposed building site; c)The average setback of the two closest riparial principal structures on either side of a proposed building site; or d)The average setback line shall be measured parallel to the ordinary high water level. In all circumstances, the setback shall be established by measuring the distance from the ordinary high water level to that part of the said principal structure that is closest to the lake. Victoria 100-150 setback, based on lake classification Tonka Bay 1011.03.5.d "For riparian lots, no principal structure or building addition shall be located closer to the ordinary high water mark than the greater of fifty(50)feet, or the average setback of the two adjacent riparian principal structures on either side of a proposed building site. In all circumstances,the setback shall be established by measuring the distance from the ordinary high water level to the part of the said principal structure that is closest to the lake." Minnetonka Beach (F) (d)Specific Design Criteria for Structures in the Shoreland District (i)Average Minimum Lakeshore Setback (AMLS) Principal structures—and accessory structures as may be required by this ordinance—shall be located no closer to the lakeshore than a line derived by the greatest setback required by a combination of the following: 1. A line drawn 75 feet parallel to the lakeshore; 2. If the lot is between two (2) lots that contain principal structures, a straight line connecting points on each side lot line that are setback from the lakeshore a distance equivalent to the principal structures on the directly adjacent lots. 3. If the lot is adjacent to only one (1) lot containing a principal structure, a straight line connecting points on each side lot line that are setback from the lakeshore a distance equivalent to the setback of the lakeward most point of the adjacent principal structure. Hennepin Hennepin County Property Map Date: 7/11/2019 s. =x tf .` r.. dyt E.� ti �, - I 1 fir, as �'; a` j d • 'h iia - - 1 r t'�. ;.-> ve.o+•.. .iaa+ma-._-:..1 F ll ' 1 11 inch = 100 -et • No results Comments: Casco Avenue Black line 75 lake yard Red line ALS for red starred lot Blue line is AVS for blue starred lot This data(i)is furnished'AS IS'with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind;and(iii)is notsuitable for legal,engineering or surveying purposes. Hennepin County shall not be liable for any damage,injury or loss resulting from this data. COPYRIGHT©HENNEPIN COUNTY 2019 Hennepin Hennepin County Property Map Date: 7/11/2019 ,,,-, . •. „- r,,--A-A,,,,,,,N,,..-„,. ..,,,,rcy,,,ew i_,,,„ . }r A ". r 4.. y yi ,lf� MA I j y j t V ' ' - " ' ,' ( "% - , - ati I',' '' . '' .°,t. 1 r rt P -J gym, .y ' a.`rj,' '�2*iii! j ir .a� l r */ s i W.'J 4 , d 'o- {, / Sro �Y 'Y { r g., -:„, , IF.",,k,.., ,...-4,K -1: : - . _ .. ., l` ii'# 1 inch =200 feet No results 75 r Comments: Farview Lane Black line 75 lake yard setback Note 450 foot setback This data(i)is furnished'AS IS'with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind;and(iii)is notsuitable for legal,engineering or surveying purposes. Hennepin County shall not be liable for any damage,injury or loss resulting from this data. COPYRIGHT©HENNEPIN COUNTY 2019 Hennepin Hennepin County Property Map Date: 7/11/2019 , t fri ki# ., r sf,.. I ih :::.,.•,;,' -IV .4: XNt it _ f '1 N. o r \{ Nr Cf/ Y I • i ;1'' 1 -1-‘ 4.*V. -77 ,..., F / /.1 •///' /"..//"i". , 1 inch =200 feet No results Comments: Forest Arms Lane Black line 75 lake yard Red line ALS for red starred lot Note orientation of houses This data(i)is furnished'AS IS'with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind;and(iii)is notsuitable for legal,engineering or Nr•,; ''' purposes. Hennepin County shall not be liable for any damage,injury or loss resulting from this data. COPYRIGHT©HENNEPIN COUNTY 2019 Hennepin Hennepin County Property Map Date: 7/11/2019 \ .uta¢ •, to Iy p , I u Q ...,:,:,..k...,:,:,..kk '-+�5 I ti\ t Ir5�d. iii { ;Cli o ; ltdr ji'l ti : ,..-R_, _�t" I. I 'ft L 11 w 3 ry 4 ' ., , \ 'A-- '-i...k i,---------- ----•- --- :':--- .---------- -- _____ r 1 a (r----_ % "x rte, , \ p 1 inch = 100 feet No results Kt Comments: Shadywood Road Black line 75'lake setback Red Line ALS for red starred lot Blue line ALS for blue starred lot This data(i)is furnished'AS IS'with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind;and(iii)is notsuitable for legal,engineering or surveying purposes. Hennepin County shall not be liable for any damage,injury or loss resulting from this data. COPYRIGHT©HENNEPIN COUNTY 2019 / ,/ i I i2 2710 Pence ,07, ' ,/ ; I i --------_ „ 7' ///..... r 1--- Black areas representportions of _ OF A P 0,w,.....,,,,,..”, . I;/ RLSCORNER neighboring houses that"block" _ ---_I__--- views — -- - _! \\ j / LOT 2 11 Z g 5 EXISTING HO E ,\ P� �� i #2715 j 1 Il�`` / N6S'S4'1rW 116.30 T 0 \ 1 'r 0 IN / � I \`I\11111111111111 1111,\ �4.... ye °a.® r+ l 8 C��/ ��/, I i\I PROPOSED ',r.., � 1 1 I \ HWSE o 7 r wfr-r - ddd, J ly\-��44- r EXISTING HOUSE 4� r .'l / ..(.;1•;:',....4.,;'''`.''''',\ \\ I �. #2715 f \\\\\ S \:Na F: �* \ �\ �-zD-'ao��``'--8\ �l m ')V� ---,-,...==.:-.,---7,-.:::---- --:..-=::::...--,:-...---- y��',iD:oo`��`.oma... �\--� ,�` \``- j SHORELINE OF LAKE USNETONIU �. LAKE MINNETONKA LEGALOESCRmON: 0 30 60 120 Lot 2.Bbtl,1,PENCE UNE noomoN H+FMMhF . .4......1 • ou oom .iron `04..... mn Ddopwote. ono�ol Imo marker SCALE IN FEET The survey Intends b show No bo,maane,dme.m,.aaaawea POOL I1,a 300150E Note,a 3mP15od and r 00010 EMe,arM a notputpdtb elves any lNer enaoaAimentstt Improvements . REVISIONS 7ESIGNEr lb.rebycart*that Neplan,wrdllowdon,orreport 10-2t8 GRONBERG &ASSOCIATES, INC. DATE BY REIaARKS primed by mne ot under my&rod 00000 n arM grimed rm a dWY a masa LsnE Surveyor under DMwN yes laws oyun StaOad Ndvwam. _ _ CML ENGINEERS,LAND SURVEYORS,LAND PLANNERS N y L Hiss 445 N.WILLOW DRNE LONG LAKE,MN 55356 onr011-ir-ir Nootua,ael+ln...„7<7rr PHONE:952-473-4141 FAX:952-473-4435