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HomeMy WebLinkAbout10-21-2019 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE O - 1 ❑ COUNCIL ta- PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. f��w v �-�:�=ire � � s �- e � -� w��r , ,�� �-�:v �t,;� ����r ,��g"�,�t �'"���;�; '�"�+m.�a�'�*�"�" �, Please rT,TOr to t� IOtlowigah,pr aeiV or Ci�re,,c�o�r s aaa iaAR M PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. nlakt - ti e iVi 95 Sn.At Aut. . 2. aoil,,N q -/(,sem!he 4.6,)4)-7___ /773r9a1-41ss / ,L ,q, 3. V---‘AO 4\1CAI-c.- J't;•nzl/‘ (4ir,v-th4 620 t k Avt-. 4. CrLA\- -- hLr Cx___ • kt-aa t C . A_ i 5. i * I Ic P,.>1 r r--6 I I /0 (--2- 11,1c . ✓. A) s. �ti N4lCv � L tLa u G/k7- 7. AAS 0-0-Sect. . e.,i_s-c, i2 20 /-i ,arc. 8. )..,,e- C4 -- .` a CAuA, `-c-cV\(�u--c� s. 47LUt:4 kik) 0 0 10. DokAi vi , 6v&--e -L., ()VI Foretriii Prad- 11. /41,441 C" `i' 1 a L-?c.tifitni Alt" 12. Mcc \k k Y\?%1;- ) �l'\,'AN'' J :7'r\''''V li-\v I 13. 1.,.., j 64 .6,w ih /!"J1 pry t-c-7 .0.e,,,t,rJ e'2C in770 .2-L) i 14. 1 I '� /.--- 05 ({./�. )Gt0 15. �1� Silt,ktPia\i,--0 �►21> _CCU v\INVV\\✓1. _ „ VoX 3 V:1(LEGAL FORMS)1(FORMS)\PUBLIC ATTENDANCE.DOC PUBLIC ATTENDANCE MEETING DATE ❑ COUNCIL ❑ PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. elloQ'.:tSo) ".-,e .FL' ©I r .;g.M, o.©, Ch" PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. GQ'k (c'��j 6 t -( 40 / 2. c ) h 1 0 I GtiLit 01 Shmr rnk,'LlAfri Ps. 3.G'tph & E)(cos, C-51T, 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)1(FORMS)\PUBLIC ATTENDANCE.DOC Agenda Planning Commission Meeting Monday, October 21,2019,6:30 P.M. � kOrono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 G 1 �sHo�` 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: Mayor Dennis Walsh Pledge of Allegiance Approval of Agenda Approval of Minutes September 16, 2019 New Business 1. LA19-000074 William Griffith o/b/o TJ Bonnett, 40 & 45 Smith Avenue, Right-of-Way Vacation and Variance (Staff: Jeremy Barnhart) 2. LA19-000079 David Weekley Homes, 580 Sandhi!! Drive, Easement Vacation and Easement Creation (Staff: Laura Oakden) 3. LA19-000081 David & Stacey Royal, 3135 Jamestown Road,Variance (Staff: Melanie Curtis) 4. LA19-000082 Alexander Design Group, 1973 Fagerness Point Road,Variances (Staff: Melanie Curtis) 5. LA19-000083 Everlast Enterprises, Inc., 315 Crestview Avenue, Variances (Staff: Laura Oakden) 6. LA19-000078 Steven Eggert, 3245 Wayzata Boulevard West, Sketch Plan (Staff: Jeremy Barnhart) 7. LA19-000084 Julie Thometz,1340 Baldur Park Road&PINs 08-117-23-31-0006,08-117-23-31-0007, 08-117-23-31-0008, 08-117-23-31-0009, 08-117-23-31-0010, 08-117-23-31-0011, 08-117-23-31-0012, 08-117-23-31-0013, 08-117-23-21-0014, 08-117-23-31-0016, 08-117-23-31-0017,08-117-23-31-0018, Plat Sketch Plan (Staff: Jeremy Barnhart) 8. Update on October 14, 2019 City Council meeting Adjourn Planning Commission Liaison to TUESDAY, November 12, 2019 City Council meeting: Mark McCutcheon Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected& Email Notification Date Application Received: August 28, 2019 n OA r Date Application Considered as Complete:August 28, 2019 V 60-Day Review Period Expires: Extended to December 26, 2019 To: Chair Ressler and Planning Commission Members *114 4kESHo�t Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director Date: October 21, 2019 Subject: #LA19-000074,William Griffith/o/b/o Theodore Bonnett, Request for street vacation and variance. Public Hearing Application Summary: The applicant is requesting the city vacate a portion of improved Smith Avenue and additional unnamed, unimproved rights of way adjacent 40 and 45 Smith and to the Luce Line State Trail. Staff Recommendation: Planning Department Staff does not support the vacation without certain improvements and easements that support the current public use of the Right of Way. Background William Griffith represents the property owner who owns 40 and 45 Smith Avenue,two properties on opposing sides at the northern end of Smith Avenue. The desire is to vacate the rights of way adjacent to these lots,which consists of Smith Avenue,Almo Place and Lane. The applicant has discussed possible future subdivision of the area, but no plans have been submitted. The parcels and right of way were originally platted as Orono Orchards, in 1924. The rights of way proposed are highlighted in green in the attached Exhibit B. Smith Avenue is improved as shown on the Exhibit B,Almo Place and Lane are not improved. Smith Avenue has been identified as a street to be repaved in 2020. The owner has expressed a desire to understand the plan for Smith Avenue in advance of that project. If Smith Avenue is vacated as proposed,40 Smith will not have the requisite lot width, a variance will be required. The applicant is deferring the variance application until the Council decides on the vacation request. Applicable Regulations: Sec.78-9. -Vacation of streets,alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat. §412.851. The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, FILE#LA19-000074 October 21,2019 Page 2 of 3 electric,telegraph,telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. State Statute:412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof,on its own motion or on petition of a majority of the owners of land abutting on the street,alley, public grounds, public way,or part thereof to be vacated.When there has been no petition,the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. Analysis Smith Avenue currently serves a public need. Sanitary sewer can be found in the right of way, and area residents have noted their use of Smith to get to the Luce Line, a public trail. Staff has been informed that occasionally this path to the Luce Line goes outside of the platted right of way, onto private property. Smith Avenue is currently a dead end street with no cul de sac, the only opportunity for drivers to turn around is via a private residential driveway. With a vacation request, there is an opportunity to improve these conditions and continue the public need. The public need can be served with the creation of a cul de sac (requiring a portion of either 40 or 45 Smith) and the establishment of trail/trail easement connecting lower Smith and balance of the neighborhood. If the Council finds that vacating Smith is appropriate without these conditions, it will create a non-conforming lot in 40 Smith, as the necessary lot width cannot be provided. Additionally, easements for access and utilities may be required. Staff may adjust its recommendation with the applicant's development of a plan showing intended lots,frontage, and access; currently,the vacation request is speculative. Engineer Comments. Sanitary sewer currently existing within the portion of Smith Avenue proposed to be vacated. The City engineer recommends that if Smith is to be vacated, the vacation incorporate the 20 feet north of the existing manhole cover within Smith. Public Comments To date,staff has received a number of comments,attached as Exhibit F,and has fielded a number of questions related to the request. The comments do not support the application. Issues for Consideration 1. Does the Planning Commission support the vacation request as proposed? 2. Does the Planning Commission find the conditions proposed by Staff appropriate? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation FILE#LA19-000074 October 21,2019 Page 3 of 3 If the Council finds that the unimproved Almo Place and Lane serve no purpose,the Council should vacate. Without plans for the provision of a cul de sac,an approved method to accommodate the lot width issue, and a plan to accommodate existing public use/improvements within the right of way,Staff does not support the vacation of Smith. Staff could support to vacate portions of Smith as part of a larger development plan,with the following: 1. Provision of a cul de sac city standard turn-around for users of Smith. 2. Inclusion of sanitary sewer improvements within retained right of way. 3. Inclusion of a trail easement from Smith Avenue to the Luce Line. List of Exhibits Exhibit A. Application Exhibit B. Annotated map Exhibit C. Narrative Exhibit D. Staff Comments Exhibit E. Original Plat Exhibit F. Public Comment Exhibit G. Mailing Information Land Use Application Summary Application Date: 08/28/2019 Address: 40 SMITH AVE WAYZATA, MN 55391 Parcel Number: 0211723210002 Land Use Number: LA19-000074 Application Submitted By: Agent on behalf of property owner Owner: Name: THEODORE J BONNETT Address: ALLISON B BONNETT 40 SMITH AVE WAYZATA, MN 55391 Applicant: Name: William Griffith Company: Larkin Hoffman Address: 8300 Norman Center Drive, Suite 1000 Minneapolis, MN 55437 wgriffith@larkinhoffman.com Contact Information: Associated Contact: THEODORE J BONNETT Associated Contact: Associated Contact: Associated Contact: Project Description: Vacation of Portion of Smith Avenue Adjacent to 40 smith Avenue and 45 Smith Avenue 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: .4,(,nc.Airai •y a u a r. - Q ro $p111 i UU!IiPI!UH en �� . Mitt II 1 tisti 11141. 11 t 'z p; irlg 3r^N> F 11:141la: t;1110 ors ,eel $ %]"11 ? €'. 'Sa y.4:4- € �tg A 3 g tilt:.R 1 alit*� R z _x,oe [hi I �_ s Q1 3 say t Hill! .._:. g fp \ \ li S !I R 1;11i1 \ \ .---". \ i 4. 0 0010 471.0 . 14 g R. y • ' -aa' $s > Fa ' � m A 100 .".0;\ le.tf O - ;W IF S' z !.1,, iH 2a ym �ti�oS \ X 'li b�� .s� Ay„ f \ i \ IL ir' tin s ., tits till r \� \ i ... i VP ` �d� NF � N 6 il 911 ® \\ aa192 A 'L;SII 'A /%1. \ 'cC� ��;ih i `� (� waw \\ rt O 'a. \ \ \\ \ s 3 a j / \ Iy ~Y? / \\ \ t.,a / \ \\ to o 1 C Q \ sic, \ 1 Z2 \ \ 4 O O \ \ „iu- c- \ \ " r \ O \ 2 j \ \ y \ r I fn % (D /.; H 5 w A 4 Larkin Ho !inn Larkin Hoffman ✓ AaTTORNEYS 8300 Norman Center Drive Suite 1000 Minneapolis,Minnesota 55437-1060 GENERAL 952-835-3800 FAX 952-896-3333 WEB: www.larkinhoffman.com August 28, 2019 Jeremy Barnhart Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55323 Re: Vacation of a Portion of Smith Avenue Adjacent to 40 Smith Avenue and 45 Smith Avenue, Orono, Minnesota; Our File #39486-01 Dear Mr. Barnhart: We represent Theodore J. Bonnett and Allison B. Bonnett with regard to the above referenced application. This letter will constitute the required narrative description of the proposed request. Narrative Theodore and Allison Bonnett own 40 Smith Avenue and 45 Smith Avenue in the City of Orono, Minnesota(collectively the "Properties"). In discussions with the City,the property owners have determined that it would be advantageous to future use and redevelopment of the property to request the vacation of that portion of Smith Avenue lying between the Properties. The legal description and the location of the proposed vacation are provided in the attached existing conditions survey prepared by Advanced Surveying & Engineering on behalf of the property owners. In addition to the above narrative, we enclosed the following materials: 1. Survey; and 2. Mailing list, labels and area map. Please note that Mr. Bonnett dropped his check for fees and escrow at the City with Melanie Curtis in the amount of$975 on Tuesday, August 27tH Thank you for your direction regarding this application. Please let me know if you require anything further. Jeremy Barnhart August 28, 2019 Page 2 Sincerely, William C. Griffith, for Larkin Hoffman Direct Dial: 952-896-3290 Direct Fax: 952-842-1729 Email: wgriffith@larkinhoffman.com Enclosures cc: Theodore J. and Allison B. Bonnett Tom Bloom,Advanced Survey& Engineering 4849-8673-2706,v. 1 Or • I •y 71 '+t F „ by pvm f,Oh,,. ,v,M<..✓a/ ....,,,E<- ,.i A ..i6 ORONO . 4. ,e.. /,.da. � .��. . f y.�,4_ y4 n \fir are-.v. A * 4 ✓s,.-'V i m/ o/l x.4,,ea,,,,.f-ss,.d& ../ //qpr . 4 N4. �. 41,..^44-(...).,..... s Ys,,.G-tia„d,'o. .�.,..i /7-,,,,,rx/ ✓ z_,,, rsa Qo'7 r�3 \\" ..w cs�,V,., may..'..(r)4's.,,Sen,...-.F..,,/y-,n.....a�/w>.,s/s,.y .n of sy /,Y,.6.ee%/h,-/.e r..,./.7 c K.h,Yi/af s of IS." dfw✓i- ldd r, ORCHARD,. 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' z yarl%%.L r / <1v.s,..u.F.w:, N1< ,.-/ i- Ai,a.=sem_' , W osis ----- • S/it 7/3r/'r 9(•,,,,.. ux µ i _ _... _-__,..:w:.rrry..:......-.1._. _ r,,,,.....,._... I ......,�... �. ...._-....... s..� :..L:r..'.._.sww,.. u.._.�,c_- r._j.rw�u...a...n y.-•. r•....►. -- - I • From: Robert Miller To: )eremv Barnhart Cc: Pam Cariveau Subject: 40/45 Smith Ave Comments for Record Date: Wednesday,October 16,2019 12:46:12 PM Hello Jeremy, Thank you for your response. Pam and I are not in support of the vacation of the end of Smith Ave or the right of way along the Luce Line Trail for the following reasons: - Trail Access: We want to maintain direct access to the Luce Line Trail. This was one of the key factors when deciding to purchase our home. Additionally, I work from home with a view of the street and see many neighbors utilizing the current access to the Trail. - Change of location to the end of Smith Ave. We did not purchase our home with the desire to have a turn around in front of our home. This would diminish the enjoyment and value of our property. - We are also not is support of the City"giving" or accepting a donation from a homeowner for almost an acre of land. Both Pam and I are traveling next Monday and unfortunately will not be able to attend the meeting. Should you have questions or require any additional information,please reach out to me. Sincere regards, Rob Miller/Pamela Cariveau 60 Smith Ave 952-473-0052 • City of Orono RE: Application LA19-74 This is in response to a notice we received regarding the above application. This application indicates we as homeowners would lose access to the Luce Line trail from our street on Smith Ave. We strongly oppose the city giving up access on our street and DNR land to the owners of 40 & 45 Smith Ave. This application negatively impacts us as homeowners. We purchased our home at 125 Smith Ave. over 12 years ago and the ability to reach the Luce Line trail safely off our street was one of the deciding factors to purchase. This devalues our property by removing access and we request the City denies this application. Respectfully, ib Stacey & David Quinn 125 Smith Ave., Orono MN 55391 October 14,2019 Jeremy Barnhart Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55323 RE:Vacation of a portion of Smith Ave.Adjacent to 40 Smith and 45 Smith Ave.Orono Dear Mr. Barnhart, Matt and I are the homeowners at 95 Smith Avenue and are opposed to the vacation of Smith Avenue between 40 and 45 Smith Avenue. We recently moved into the neighborhood and one of the reasons we picked this location is the proximity to the Luce Line trail. If the city allows Theodore and Allison Bonnett to take possession of the proposed city property,we would no long be able to access the Luce Line from Smith Avenue. Second,we cannot agree with the vacation of Smith Avenue because we don't know what the property will be used for. The Narrative is very vague on why the Bonnett's believe they should be able to take over the property. We are concerned about what potential redevelopment would occur if the vacation is allowed. Third,we do not believe the city of Orono should give property to a private resident. The Bonnett's would benefit financially from being given this property without paying for it. Thank you for your time. Sincerely, Matt and Angie Hopping irk! �� �<, 7 ACCESS TO LUCE LINE TRAIL VIA SMITH AVE IS IN JEOPARDY OF BEING CLOSED OFF • The owners of 40 and 45 Smith Ave are asking The City of Orono to shorten Smith Avenue and give them the land and road between their 2 properties. • Additionally,they are asking The City of Orono to give up the city owned property between their property and the Luce Line Trail. • The owners of 40 and 45 Smith Ave state that it would be advantageous to their future use and redevelopment of the properties if the city vacated the road and city right of way. If the city gives up the road and the surrounding land to the owner of 40 and 45 Smith Ave our neighborhood will no longer have access to city and DNR land that provides access to the trail via Smith Avenue. • Please consider attending the city hearing on October 21,2019 to understand how this will affect our neighborhood access to city and DNR owned land and to also understand if it is appropriate for our city to give individual home owners city property. • The DNR allows simple foot paths from the neighborhoods onto the trail.This helps keep pedestrians off the busier Orono Orchard Road and our neighborhood safe. Please send this form to the City of Orono by Oct 15th indicating We the residents in the area of Orono Orchards, Orono Orchards Highlands, Lyman Woods and Woodhill Ridge wish to have an access point to the Luce Line trail via the Smith Avenue city right of way and the DNR property at the end of Smith Avenue. We do not support shortening Smith Avenue or the city giving up the land and street between 40 and 45 Smit to-i 's owner for red velopment or advantageous personal use. Signature - , `15 vc- 1,, l�:e�. C(crc) CITY OF ORONO 2750 Kelley Parkway,PO Box 66 Crystal Bay,MN 55323-0066 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on October 21,2019 beginning at 6:30 p.m.on the matter of reviewing the following land use applications LA19-000074 William Griffith, o/b/o TJ Bonnet, 40 and 45 Smith Avenue, requests vacation approval of a portion of improved Smith Avenue and a portion of unnamed right-of-way adjacent to the Luce Line Trail.Also, a variance from the lot width requirement for 40 and 45 Smith is requested. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by October 15, 2019 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment,please call(952)249-4620. ACCESS TO LUCE LINE TRAIL VIA SMITH AVE IS IN JEOPARDY OF BEING CLOSED OFF • The owners of 40 and 45 Smith Ave are asking The City of Orono to shorten Smith Avenue and give them the land and road between their 2 properties. • Additionally,they are asking The City of Orono to give up the city owned property between their property and the Luce Line Trail. • The owners of 40 and 45 Smith Ave state that it would be advantageous to their future use and redevelopment of the properties if the city vacated the road and city right of way. If the city gives up the road and the surrounding land to the owner of 40 and 45 Smith Ave our neighborhood will no longer have access to city and DNR land that provides access to the trail via Smith Avenue. • Please consider attending the city hearing on October 21,2019 to understand how this will affect our neighborhood access to city and DNR owned land and to also understand if it is appropriate for our city to give individual home owners city property. • The DNR allows simple foot paths from the neighborhoods onto the trail.This helps keep pedestrians off the busier Orono Orchard Road and our neighborhood safe. Please send this form to the City of Orono by Oct 15th indicating We the residents in the area of Orono Orchards,Orono Orchards Highlands, Lyman Woods and Woodhill Ridge wish to have an access point to the Luce Line trail via the Smith Avenue city right of way and the DNR property at the end of Smith Avenue. We do not support shortening Smith Avenue or the city giving up the land and street between 40 and 45 Smith t ' s ow for redevelopment or advantageous personal use. Signature CITY OF ORONO 2750 Kelley Parkway,PO Box 66 Crystal Bay,MN 55323-0066 --- _- Phone 52)2494600 Fax(952)249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on October 21,2019 beginning at 6:30 p.m.on the matter of reviewing the following land use applications LA19-000074 William Griffith, o/b/o TJ Bonnet, 40 and 45 Smith Avenue, requests vacation approval of a portion of improved Smith Avenue and a portion of unnamed right-of-way adjacent to the Luce Line Trail.Also, a variance from the lot width requirement for 40 and 45 Smith is requested. All persons wishing to be heard are encouraged to attend these meetings.This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by October 15,2019 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment,please call(952)249-4620. � 4... �[ 't. � , �fi1Rr�"r".,#3 �t'.--r-7,—.:117,7r,,, -z. 3 t ,A* 4,4 A - **#' . 4' , + ' 4) ACCESS TO LUCE LINE TRAILVIA SMITH AVE IS I ,4: JEOPARDY OF BEING CLOSED OFF ^�k„, 'a.5 �� ,, , , • to shorten Smith The owners of 40 and 45 Smith Ave are asking The City of Orono Avenue and givetem the lancland road between their 2 properties. ' rve up the city 77. ned property • Additionally,they are asking The City of Orono to g between their property and the Luce Line Trarl t �� u, : . ,... 45 Smith Ave state that it would be advantageous to their future t The owners of 40 and ,��..,_ - .'-'"� rid city right of 'µ properties• if the city vacated the use and redevelopment of the way. Te' t ' ,, of 40 and 45 a If the city gives up the road and`7 the surrounding land to the owner and DNR land that, , Smith Ave our neighborhood Will no longer have access to city ` provides access to the trail via Smith Avenue. , • Please consider attending the city hearingon October 21, 2019 to understandhow this i, affect our neighborhood access to city and DNR owned land and to lso properly. i.;...,-,-;4,,-,�' will gto give individual home owners �Y t understand if it is appropriate for ourcity The DNR allows simple foot paths from theEneighborhoods onto the trail 1 s helps keep pedestrians off the busier Orono Orchard Road and our neighborhoo a v afe .,1 4 ,., Please send this form to the City of Orono by Oct'15Rh indicating We the residents in the area of s `*'e. ' Orono Orchards, Orono Orchards Highlands, Lyman 1No7ds'and Woodhill Ridge wish to have an access ;., 4"'i t point to the Luce Line trail via the Smith Avenue city right of way and the DNR property at the end of ,,' . ':, Smith Avenue. We do not support shorte '•• Smith Aven e or the city •iving up the land and street # ti } between 40 and 45 Sm' owner ner fr,r red=velopment L•r ad -geous personal use. ; ,11- , / �/ • 41 , , , Signature • "` '� ;` : � � � � • LL $ Er ? " w ,,.4 CITY OF ORONO, 2750 Kelley Parkway,PO BoX56 , �`', ,�' � ��',"'l '�k ' Crystal Bay,MN 55323-0066 , 4 I▪ ' , 4 ' "'v ,, 2 Phone(952)249-4600 Fax(952)249-46'16 r % ;,,,.1 a, '' ,� 1.,..,"1:::",""K:„..:',:;""1"...,,:"..; �'.. NOTICE # p, '` The Orono Planning Commission will hold a public hearing inyttie Orono Council a ,,, , r,,,, ,{!4#a, Chambers at 2780 Kelley Parkway on October 21, 2019 begMrimg at 6 0 p rrl on `� 4'"� s'X11 the matter of reviewing the following land use applications , ,1::,: �r LA19-000074 William Griffith, olblo TJ Bonnet, 40 and 45 .,Smith Avenue, °� : requests vacation approval of a porton of improved Smith Avenue ,4:"4"..,.';-.4.:4,,:::1-:,,,' i*-7 and a portion of unnamed right-of-way adjacento theuce Line t K' Trail. Also, a variance from the lot width requirement for 40 Strad>°45 ` 1,4't. s • Smith is requested. - P.) IP :::::::c, All persons wishing to be heard are encouraged to attend these meetings is „pt- � 3 nota final agenda and is subject to change prior to the hearings Written comm ;� R' are accepted and should be submitted to the City of Orono by October 15, 2019 if ;4- �,*a' possible. Interested persons may review the applications and pillposed antinance ift„-. k w.z.,. , 1 ii,trr!il0i;*ji,,., t4 .a.p, : y .1 t d ACCESS TO LUCE LI! PARD 0. a µ,.F, ��- JEOPARDY Y „�' � 3 . .,......,.'43,4„` • ; " no to shorten Smith ��, �,e City of Oro The owners of40and 45FSmdh Ave are their 2 properties. E • y _ Avenue and give•�em thelandand road b,� of Orono to give up the city owned props t • Additionally, they are asking The City M and ih° ; Line Trail �� between their property , eLce r, µ�'4-,'#, 5 s'1� * C 1:ice,3'!,. .�r P u -;, ' o {�T��,,.y-}� - r moi^ 45 Smi hAve state th-1„_y),,,, ... _,, - The owners of 40 and �,� ernes if thc�Y - " `' use and redevelopment of the prop :�-' , �; way. i,,; p , r �� '; .0 t " dtotheownerof40and ,. � �, � If the city gives up the road and the surro':4",....:;_11-1,::_a_ � and DNR land that ' Smith Ave our neighborhood will no longer ` ccess to city provides access toithe trail via Smith Avenue. , hemi..i.:-....,,,,-..,„4,on Oober 21, 2019 to understate it�iyifr =; t > �*S*u pat{ yt 'Fl y. • Please consider attending the city ,� d � o ,r"o als•, � ' �_� I 'F p. R owned land '1' f�., . will affect our neighborhood access to cigr � °,r `ers c -i ° '° �� , ,g the ndiv�dual home .�1 �; �� .. understand if it is appropriate for ourty'‘ , � K� • The DNR allows simple foot paths from�e,n��I�rhoods onto������ „ � {{. L'. ..tib E ,�„, Pr, k a5 yep + );,0 A i* keep pedestrians off the busier Orono Orad,load and our neig • • �� � �,y form to the City of Orono by Oct 15th indicating We tl'►e residents in th ._' 1 , �AV:,-, ° ;»61-'4,1:. Please send this ��'�` e wish to h ��� �'°�.��� "„ Orono Orchards, Orono Orchards Highlands, Lyman Woods and Woodhtl rd9 , �, ,,, point to the Luce Line trail via the Smith Avenue city right of way and e,DNR pros $ , . Smith Avenue. We do not su•port shortening Smith Avenue or the�cityrumg �. � °� � �r, .a . it's o r redevelo•merit or*adv tags Pomona se between 40 and 45 Smith / -i4.4.,'?...-4,- , ,,4 { j ,S Signature "' � , ^ ., ;4 , " , $ 'mayk ' a . L ft f' , „ igiF i CITY OF ORONO ; ',,: •, ,, , 2750 Kelley Parkway,PO Box 66`' `` f,, ' Crystal Bay,MN 55323-0066 ' ' Phone(952)2494600 Fax(952)24940'16, =f - } * ; v �` NOTICE t ,,i ,a ,�. ,- The Orono Planning Commission will hold a public healing in the Orono Council =0. i i :� .' Chambers at 2780 KelleyParkwayon October 21 2019: " ronin at, 0 m.on (A ,t the matter of reviewing the following land use applications °' F 1 , r, LA19-000074 William Griffith, olblo TJ Bonnet. 40 sand 45 Sm1th,, lvenue ,‘ ,� , ' • r requests vacation approval of a portion sof j mpraved W , kvicen to r .fi and a portion of unnamed right-of-way adjacent to the Luce Une ' >�4 'A Trail. Also, a variance from the lot width"requirement for. 0 and 44 n rt`t ,,11r72.• 1, t Smith is requested. 'i . All persons wishing to be heard are encouraged to attend these rheetricj . This is ' u t ,i t nota final agenda and is subject to change prior to the hearings.,Wntlpexn� ";14- . �r lir :�1� are accepted and should be submitted to the City of Orono by " ° if i " "{ f possible. Interested persons may review the applications and prop e4 o A;\-':" l',IL , . , , ACCESS TO LUCE LINE TRAIL VIA SMITH AVE IS IN JEOPARDY OF BEING CLOSED OFF • The owners of 40 and 45 Smith Ave are asking The City of Orono to shorten Smith Avenue and give them the land and road between their 2 properties. • Additionally,they are asking The City of Orono to give up the city owned property between their property and the Luce Line Trail. • The owners of 40 and 45 Smith Ave state that it would be advantageous to their future use and redevelopment of the properties if the city vacated the road and city right of way. If the city gives up the road and the surrounding land to the owner of 40 and 45 Smith Ave our neighborhood will no longer have access to city and DNR land that provides access to the trail via Smith Avenue. • Please consider attending the city hearing on October 21,2019 to understand how this will affect our neighborhood access to city and DNR owned land and to also understand if it is appropriate for our city to give individual home owners city property. • The DNR allows simple foot paths from the neighborhoods onto the trail.This helps keep pedestrians off the busier Orono Orchard Road and our neighborhood safe. Please send this form to the City of Orono by Oct 15th indicating We the residents in the area of Orono Orchards,Orono Orchards Highlands, Lyman Woods and Woodhill Ridge wish to have an access point to the Luce Line trail via the Smith Avenue city right of way and the DNR property at the end of Smith Avenue. We do not support shortening Smith Avenue or the city giving up the land and street between 40 and 45 Smith to it's owner for redevelopment or advan geous personal use. Signature // T /J ti ,/ CITY OF ORONO 2750 Kelley Parkway,PO Box 66 Crystal Bay,MN 55323-0066 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on October 21,2019 beginning at 6:30 p.m.on the matter of reviewing the following land use applications LA19-000074 William Griffith, o/b/o TJ Bonnet, 40 and 45 Smith Avenue, requests vacation approval of a portion of improved Smith Avenue and a portion of unnamed right-of-way adjacent to the Luce Line Trail.Also, a variance from the lot width requirement for 40 and 45 Smith is requested. All persons wishing to be heard are encouraged to attend these meetings.This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by October 15,2019 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment,please call(952)249-4620. ACCESS TO LUCE LINE TRAIL VIA SMITH AVE IS IN JEOPARDY OF BEING CLOSED OFF • The owners of 40 and 45 Smith Ave are asking The City of Orono to shorten Smith Avenue and give them the land and road between their 2 properties. • Additionally,they are asking The City of Orono to give up the city owned property between their property and the Luce Line Trail. • The owners of 40 and 45 Smith Ave state that it would be advantageous to their future use and redevelopment of the properties if the city vacated the road and city right of way. If the city gives up the road and the surrounding land to the owner of 40 and 45 Smith Ave our neighborhood will no longer have access to city and DNR land that provides access to the trail via Smith Avenue. • Please consider attending the city hearing on October 21,2019 to understand how this will affect our neighborhood access to city and DNR owned land and to also understand if it is appropriate for our city to give individual home owners city property. • The DNR allows simple foot paths from the neighborhoods onto the trail.This helps keep pedestrians off the busier Orono Orchard Road and our neighborhood safe. Please send this form to the City of Orono by Oct 15th indicating We the residents in the area of Orono Orchards,Orono Orchards Highlands, Lyman Woods and Woodhill Ridge wish to have an access point to the Luce Line trail via the Smith Avenue city right of way and the DNR property at the end of Smith Avenue. We do not support shortening Smith Avenue or the city giving up the land and street between 40 and 45 S ' h to it's owner for redevelopment or advantageous personal use. Signature 1 , /'/ 7 vl/f/ i�i�z� , L'/a CITY OF ORONO 2750 Kelley Parkway,PO Box 66 Crystal Bay,MN 55323-0066 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on October 21,2019 beginning at 6:30 p.m.on the matter of reviewing the following land use applications LA19-000074 William Griffith, o/b/o TJ Bonnet, 40 and 45 Smith Avenue, requests vacation approval of a portion of improved Smith Avenue and a portion of unnamed right-of-way adjacent to the Luce Line Trail.Also, a variance from the lot width requirement for 40 and 45 Smith is requested. All persons wishing to be heard are encouraged to attend these meetings.This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by October 15,2019 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment,please call(952)249-4620. raft savedy ,,,/� )A-4:7-4A--- Recipients 13t1' ISP-'4124/1/1. Vacation of a Portion of Smith Ave I live at 160 Smith Avenue and routinely access the Luce line at the end of Smith Avenue.Any consideration of this request would need to include continued access through the property to the Luce Line. In addition,from a planning and approval perspective,why is this request being considered without an understanding of the proposed future development plans.Once the property has been vacated any leverage the city may have regarding future development would be marginalized. If the future proposed development is more intensive than the current 2 lots the city should be compensated for the land vacated. Thank you for your consideration. Matthew Nicoll 160 Smith AVe Matthew N.Nicoll 120 Broadway Ave South,Suite 100 Wayzata,MN 55391 612-747-1259 Sans Serif Serd ' I ACCESS TO LUCE LINE TRAIL VIA SMITH AVE IS IN JEOPARDY OF BEING CLOSED OFF • The owners of 40 and 45 Smith Ave are asking The City of Orono to shorten Smith Avenue and give them the land and road between their 2 properties. • Additionally,they are asking The City of Orono to give up the city owned property between their property and the Luce Line Trail. • The owners of 40 and 45 Smith Ave state that it would be advantageous to their future use and redevelopment of the properties if the city vacated the road and city right of way. If the city gives up the road and the surrounding land to the owner of 40 and 45 Smith Ave our neighborhood will no longer have access to city and DNR land that provides access to the trail via Smith Avenue. • Please consider attending the city hearing on October 21,2019 to understand how this will affect our neighborhood access to city and DNR owned land and to also understand if it is appropriate for our city to give individual home owners city property. • The DNR allows simple foot paths from the neighborhoods onto the trail.This helps keep pedestrians off the busier Orono Orchard Road and our neighborhood safe. Please send this form to the • of Orono by Oct 15th indicating We the residents in the area of Orono Orchards,Orono Or rd Highlands, Lyman Woods and Woodhill Ridge wish to have an access point to the Luce Line trrt v a t • Smith Avenue city right of way and the DNR property at the end of Smith Avenue. We db'hot "up Gort shortening Smith 'venue or the city giving up the land and street between 40 and 45,5 it • ' s owner for reds '.• ent or advantageous personal use. • Signature .1 11/1041\1,1 L- l 60 1 1, 14Are CITY OF ORONO 2750 Kelley Parkway,PO Box 66 Crystal Bay,MN 55323-0066 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commission will hold a public hearing In the Orono Council Chambers at 2780 Kelley Parkway on October 21,2019 beginning at 6:30 p.m.on the matter of reviewing the following land use applications LA19-000074 William Griffith, o/b/o TJ Bonnet, 40 and 45 Smith Avenue, requests vacation approval of a portion of improved Smith Avenue and a portion of unnamed right-of-way adjacent to the Luce Line Trail.Also, a variance from the lot width requirement for 40 and 45 Smith Is requested. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by October 15,2019 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono,mn.us. For an appointment,please call(952)249-4620. H Hennepin County Locate & Notify Map Date: 9/5/2019 In/ 1335 1555 ' 0 tsi 1225 (121 k 30 (fit 20 1250 1280 100 , 4'dl P°110100.11711111.1.1miik5 ' 4C1 . 91 . w .. 60 1200 4'1 Sv BO +0 cyan VS, Q� r ., 1275 • ,I 85 100 ( ' Pi,110 8121 I b V V 3. 115 t t ,4" 46 11U �t101 . r 140 145 Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 40 Smith Avenue This data (i) b furnished 'AS IS with no representation as to completeness or accuracy; (i)is fumished with no warranty of any knd; 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 CountyGIS Office 300 6th Street South,Minneapolis,M N 55487/gis.info@hennepin.us I Hennepin County Locate & Notify Map Date: 9/30/2019 }. .* -,. 10e iii - .,--- 0.,,c h0" 20 % 12E0 25 40 I� m ill 45 AI 60 ,,\\ 011 '4 til R 3, a e 0 4 _, ` - p 60 071 �w` '-i ° fit© + � s a N a dig 95 110 �'S.,. iY 10D AI 110 115116 rill 125 i'7l • a+ t;111 i a, { :,30,:,,,:l., 145 nn, Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I I I I I I I 45 Smith Ave This data (i) 's furnished 'AS IS with no representation as to completeness or accuracy; (i)is fum'shedwithnowarranty of any kind; and (ii) is notsuitable form legal,engineering or surveying purposes.Hennepin County shat t be liable for any damage,injury or loss resulting fromthis data. For more information,contact Hennepin County GIS Office 3W 6th Street South,Minneapolis,M N 55487/g is.i nfo@hennepi n.us RUN DATE:09/05/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 02-117-23 21 0001 38 02-117-23 21 0032 38 02-117-23 22 0009 S A MELBERG&C W MELBERG P S GOSHGARIAN ET AL T BONNETT&A BONNETT 1290 LYMAN AVE 100 ORONO ORCHARD RD S 45 SMITH AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 STEVEN A/CAROLINE W MELBERG PETER S GOSHGARIAN THEODORE BONNETT 1290 LYMAN AVE AMY GOSHGARIAN ALLISON BONNETT WAYZATA MN 55391 100 ORONO ORCHARD RD S 45 SMITH AVE WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 21 0002 38 02-117-23 21 0033 38 35-118-23 33 0005 T J BONNETT/A B BONNETT CHRIS SANKEY STATE OF MINN 40 SMITH AVE 120 ORONO ORCHARD RD S 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 THEODORE J BONNETT CHRIS SANKEY DNR REAL ESTATE MGMT ALLISON B BONNETT 120 ORONO ORCHARD RD S ATTN DEBBIE GURTIN 40 SMITH AVE WAYZATA MN 55391 500 LAFAYETTE RD WAYZATA MN 55391 ST PAUL MN 55155 38 02-117-23 21 0003 38 02-117-23 21 0034 38 35-118-23 33 0007 ROBERT MILLER G MARC WHITEHEAD ET AL JAMES THIHER&DONNA THIHER 60 SMITH AVE 38 ADDRESS UNASSIGNED 1555 ORONO OAKS DR ORONO MN 55391 ORONO MN 00000 ORONO MN 55356 ROBERT MILLER G MARC WHITEHEAD JAMES M THIHER 60 SMITH AVE 305 W FULLERTON PKWY 1555 ORONO OAKS DR WAYZATA MN 55391 CHICAGO IL 60614 LONG LAKE MN 55356 38 02-117-23 21 0004 38 02-117-23 21 0035 38 35-118-23 33 0037 C M JACKLEY&K MEYER G MARC WHITEHEAD ET AL STEVEN GERBER/ARLETTE GERBER 80 SMITH AVE 38 ADDRESS UNASSIGNED 30 ORONO ORCHARD RD N ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 CHARLES MERRITT JACKLEY G MARC WHITEHEAD STEVEN GERBER 80 SMITH AVE 305 W FULLERTON PKWY ARLETTE GERBER WAYZATA MN 55391 CHICAGO IL 60614 30 ORONO ORCHARD RD ORONO MN 38 02-117-23 21 0016 38 02-117-23 21 0037 38 35-118-23 33 0038 THOMAS F MILLER D E&C M WHITELEY BRENT C HABSTRITT ET AL 115 SMITH AVE 60 ORONO ORCHARD RD S 20 ORONO ORCHARD RD N ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 THOMAS F MILLER D WHITELEY/C MYERS-WHITELEY BRENT C HABSTRITT 115 SMITH AVE 60 ORONO ORCHARD RD S ANNALEE B H HABSTRITT WAYZATA MN 55391 WAYZATA MN 55391 20 ORONO ORCHARD RD N WAYZATA MN 55391 38 02-117-23 21 0017 38 02-117-23 22 0001 38 35-118-23 34 0002 D C QUINN&S QUINN STATE OF MINN STATE OF MINN 125 SMITH AVE 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 ORONO MN 00000 STACEY C&DAVID C QUINN DNR REAL ESTATE MGMT DNR REAL ESTATE MGMT 125 SMITH AVE ATTN DEBBIE GURTIN ATTN DEBBIE GURTIN WAYZATA MN 55391 500 LAFAYETTE RD 500 LAFAYETTE RD ST PAUL MN 55155 ST PAUL MN 55155 38 02-117-23 21 0022 38 02-117-23 22 0002 38 35-118-23 34 0005 RYAN L WEBER S ACKERBERG&R ACKERBERG DAVID KLEMA&JULIA SHAVER 110 ORONO ORCHARD RD S 15 ORONO ORCHARD RD S 40 ORONO ORCHARD RD N ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 RYAN L WEBER STUART IRA ACKERBERG JULIA AND DAVID KLEMA 110 ORONO ORCHARD RD S ROMY M ACKERBERG 40 ORONO ORCHARD RD N WAYZATA MN 55391 15 ORONO ORCHARD RD S WAYZATA MN 55391 ORONO MN 55391 38 02-117-23 21 0026 38 02-117-23 22 0003 38 35-118-23 34 0012 JAMES A FISK TRUSTEE LONGRIDGE ASSOCIATES C T ERIKSSON&S H ERIKSSON 110 SMITH AVE 38 ADDRESS UNASSIGNED 1225 ORONO OAKS DR ORONO MN 55391 ORONO MN 00000 ORONO MN 55356 JAMES A FISK LONGRIDGE ASSOCIATES CHRIS&STEPHANIE ERIKSSON 110 SMITH AVE P O BOX 5628 1225 ORONO OAKS DR WAYZATA MN 55391 MPLS MN 55440-5628 LONG LAKE MN 55356 38 02-117-23 21 0027 38 02-117-23 22 0004 38 35-118-23 34 0013 H I&E T MCMILLAN STATE OF MINN J S BOTHAM&M BOTHAM 1275 LYMAN AVE 38 ADDRESS UNASSIGNED 1335 ORONO OAKS DR ORONO MN 55391 ORONO MN 00000 ORONO MN 55356 HOWARD&ELIZABETH MCMILLAN DNR REAL ESTATE MGMT JUSTIN S BOTHAM 1275 LYMAN AVE ATTN DEBBIE GURTIN MEGAN BOTHAM WAYZATA MN 55391 500 LAFAYETTE RD 1335 ORONO OAKS DR ST PAUL MN 55155 ORONO MN 55356 38 02-117-23 21 0031 38 02-117-23 22 0005 38 35-118-23 34 0014 M E HOPPING&A K HOPPING VILLAGE OF ORONO H HANSON&M HANSON 95 SMITH AVE 265 ORONO ORCHARD RD S 1280 LYMAN AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MATTHEW E HOPPING CITY OF ORONO HARLAN&MARCIA HANSON ANGELA K HOPPING P O BOX 66 1280 LYMAN AVE 95 SMITH AVE CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE:09/05/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 35-118-23 34 0015 BETH A DWORSKY 2006 REV TRST 1250 LYMAN AVE ORONO MN 55391 BETH A DWORSKY WILLIAM B DWORSKY 1250 LYMAN AVE 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. RUN DATE:09/30/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:I 38 02-117-23 21 0001 38 02-117-23 21 0033 38 35-118-23 33 0007 S A MELBERG&C W MELBERG CHRIS SANKEY JAMES THIHER&DONNA THIHER 1290 LYMAN AVE 120 ORONO ORCHARD RD S 1555 ORONO OAKS DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55356 STEVEN A/CAROLINE W MELBERG CHRIS SANKEY JAMES M THIHER 1290 LYMAN AVE 120 ORONO ORCHARD RD S 1555 ORONO OAKS DR WAYZATA MN 55391 WAYZATA MN 55391 LONG LAKE MN 55356 38 02-117-23 21 0002 38 02-117-23 21 0037 38 35-118-23 33 0037 T J BONNETT/A B BONNETT D E&C M WHITELEY STEVEN W GERBERET AL REV TR 40 SMITH AVE 60 ORONO ORCHARD RD S 30 ORONO ORCHARD RD N ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 THEODORE J BONNETT D WHITELEY/C MYERS-WHITELEY STEVEN GERBER ALLISON B BONNETT 60 ORONO ORCHARD RD S ARLETTE GERBER 40 SMITH AVE WAYZATA MN 55391 30 ORONO ORCHARD RD N WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 21 0003 38 02-117-23 22 0001 38 35-118-23 33 0038 ROBERT MILLER STATE OF MINN BRENT C HABSTRITT ET AL 60 SMITH AVE 38 ADDRESS UNASSIGNED 20 ORONO ORCHARD RD N ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 ROBERT MILLER DNR REAL ESTATE MGMT BRENT C HABSTRITT 60 SMITH AVE ATTN DEBBIE GURTIN ANNALEE B H HABSTRITT WAYZATA MN 55391 500 LAFAYETTE RD 20 ORONO ORCHARD RD N ST PAUL MN 55155 WAYZATA MN 55391 38 02-117-23 21 0004 38 02-117-23 22 0002 38 35-118-23 34 0002 C M JACKLEY&K MEYER S ACKERBERG&R ACKERBERG STATE OF MINN 80 SMITH AVE 15 ORONO ORCHARD RD S 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 CHARLES MERRITT JACKLEY STUART IRA ACKERBERG DNR REAL ESTATE MGMT 80 SMITH AVE ROMY M ACKERBERG ATTN DEBBIE GURTIN WAYZATA MN 55391 15 ORONO ORCHARD RD S 500 LAFAYETTE RD ORONO MN 55391 ST PAUL MN 55155 38 02-117-23 21 0016 38 02-117-23 22 0003 38 35-118-23 34 0005 THOMAS F MILLER LONGRIDGE ASSOCIATES DAVID KLEMA&JULIA SHAVER 115 SMITH AVE 38 ADDRESS UNASSIGNED 40 ORONO ORCHARD RD N ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 THOMAS F MILLER LONGRIDGE ASSOCIATES JULIA AND DAVID KLEMA 115 SMITH AVE P O BOX 5628 40 ORONO ORCHARD RD N WAYZATA MN 55391 MPLS MN 55440-5628 WAYZATA MN 55391 38 02-117-23 210017 38 02-117-23 22 0004 38 35-118-23 34 0014 D C QUINN&S QUINN STATE OF MINN H HANSON&M HANSON 125 SMITH AVE 38 ADDRESS UNASSIGNED 1280 LYMAN AVE ORONO MN 55391 ORONO MN 00000 ORONO MN 55391 STACEY C&DAVID C QUINN DNR REAL ESTATE MGMT HARLAN&MARCIA HANSON 125 SMITH AVE ATTN DEBBIE GURTIN 1280 LYMAN AVE WAYZATA MN 55391 500 LAFAYETTE RD WAYZATA MN 55391 ST PAUL MN 55155 38 02-117-23 21 0022 38 02-117-23 22 0005 RYAN L WEBER VILLAGE OF ORONO 110 ORONO ORCHARD RD S 265 ORONO ORCHARD RD S ORONO MN 55391 ORONO MN 55391 RYAN L WEBER CITY OF ORONO 110 ORONO ORCHARD RDS P O BOX 66 WAYZATA MN 55391 CRYSTAL BAY MN 55323 38 02-117-23 21 0026 38 02-117-23 22 0009 JAMES A FISK TRUSTEE T BONNETT&A BONNETT 110 SMITH AVE 45 SMITH AVE ORONO MN 55391 ORONO MN 55391 JAMES A FISK THEODORE BONNETT 110 SMITH AVE ALLISON BONNETT WAYZATA MN 55391 45 SMITH AVE WAYZATA MN 55391 38 02-117-23 21 0031 38 35-118-2333 0004 M E HOPPING&A K HOPPING J W BRENNAN&C M BRENNAN 95 SMITH AVE 25 ORONO ORCHARD RD N ORONO MN 55391 ORONO MN 55356 MATTHEW E HOPPING JIM W BRENNAN ANGELA K HOPPING CONNIE M BRENNAN 95 SMITH AVE 25 ORONO ORCHARD RD N WAYZATA MN 55391 LONG LAKE MN 55356 38 02-117-23 21 0032 38 35-118-23 33 0005 P S GOSHGARIAN ET AL STATE OF MINN 100 ORONO ORCHARD RD S 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 PETER S GOSHGARIAN DNR REAL ESTATE MGMT AMY GOSHGARIAN ATTN DEBBIE GURTIN 100 ORONO ORCHARD RD S 500 LAFAYETTE RD WAYZATA MN 55391 ST PAUL MN 55155 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. irjlietb44 From: Ryan Blackwell To: Jeremy Barnhart Cc: tbonnett123C@gmail.com Subject: LA19-000074 140 and 45 Smith Avenue Date: Monday,October 21,2019 11:59:11 AM Hi Jeremy, I am reaching out in support of the vacation of land at 40 and 45 Smith Avenue with intend to construct a cul-de-sac. As a former resident on Smith Avenue, I can speak from actual experiences to say that this road has a lot more traffic than one would think. Between mail deliveries, UPS/FedEx traffic, home maintenance vehicles and a number of lost drivers(there are a lot of lost driver because the location is confused with a Wayzata restaurant)—there seems to be traffic coming and going at all hours of the day. In addition, most of this traffic is moving well above the speed limit. With the current set-up of the road being a dead end (with no turnaround), this extra traffic utilizes resident's driveways as turnarounds. This takes a toll on driveways and yards and becomes a safety issue for the small children in the area who are playing in the driveways. Having a cul-de-sac at the end of Smith Avenue would elevate the pressure on resident's properties and make the street safer for all that live and play in the area. For these reasons, I wanted to offer my words of support for this project. I regretfully am unable to attend tonight's meeting but hopeful you will be able to consider my statements via this email. Thank you, Ryan Blackwell From: Steve Gerber To: )eremy Barnhart Subject: TJ and Allison Bonnett request Date: Monday,October 21,2019 11:08:55 AM Hi Jeremy, I've talked to TJ about his requests and I support his plan.These are the things that make sense to me: 1.Relocation of the Luce line access.Currently the access is unusable because it is overgrown with brush.A new access that is open for use makes complete sense. 2.Vacating the land so that their property is more usable: Since it is basically a formality to vacate the property and because of where the property is located,it really does not affect anyone.It may as well be used to help a resident. 3.Smith Ave does not have a place to turn around at the far west end by their property.I've been at TJ's house and Ryan Blackwells house(Ryan has since moved),lots of cars go by and try to turn around in the street,often using someones driveway to turn around.Therefore,building a"turn around circle"would be a big improvement. 4.Saving the city money by not redoing the road all the way to the end is always appealing. Thanks for listening,I hope the city is in agreement, Steve g*Iditfr-4 .�O To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden kEsxo‘1 Date: 21 October 2019 Subject: #LA19-000079, Stephanie Griffin o/b/o Weekley Homes, 580 Sandhill Drive,Trail Vacation and Realignment Public Hearing Application Summary: The applicant is requesting approval of an easement vacation in conjunction with establishing a new trail easement. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is seeking approval of vacation of a portion of a trail easement along the west side lot at 580 Sandhill Drive in conjunction with establishing a new trail easement. The train was established is the subdivision to connect the interior sidewalks to the city sidewalks. During a review of the work it was recognized that the trail that was installed was outside the easement area. The replacement easement will be the same size but realigned over the existing trail. 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 and new proposed easement. List of Exhibits Exhibit A. Application Exhibit B. Proposed Site Plan—area to be vacated Exhibit C. Legal Description Exhibit D. Property Owners List and Map Land Use Application Summary Application Date: 09/09/2019 Address: 580 SANDHILL DR LONG LAKE, MN 55356 Parcel Number: 3311823240015 Land Use Number: LA19-000079 Application Submitted By: Agent on behalf of property owner Owner: Name: WEEKLEY HOMES LLC Address: 1111 N POST OAK ROAD HOUSTON, TX 77055 Applicant: Name: Stephanie Griffin Company: Address: 1660 Highway 100 South, Suite 400 St. Louis Park, MN 55416 steph.griffin@excelsiorllc.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Orono Preserve Trail 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: � d .r'ger (reserved for recording information) FIRST AMENDMENT TO GRANT OF PERMANENT EASEMENT FOR PUBLIC TRAIL PURPOSES THIS FIRST AMENDMENT TO GRANT OF PERMANENT EASEMENT FOR PUBLIC TRAIL PURPOSES (the "Amendment") is entered into by and between WEEKELY HOMES, LLC, a Delaware limited liability company, hereinafter referred to as "Grantor," as successor in interest to OP5 Orono,LLC,a Minnesota limited liability company("Original Grantor"), and the CITY OF ORONO, a municipal corporation organized under the laws of the State of Minnesota,hereinafter referred to as the"City", as of the day of ,2019. RECITALS: WHEREAS, Original Grantor granted the City a permanent easement for public trail purposes pursuant to that certain Grant of Permanent Easement for Public Trail Purposes dated the September 16, 2016, and recorded on October 18, 2016 in the Office of the County Recorder in and for Hennepin County, Minnesota as Document No. A10369460 ("Grant of Easement"); WHEREAS, Grantor and the City desire to amend the Grant of Easement pursuant to and in accordance with the terms of this Amendment. NOW,THEREFORE,it is hereby agreed by and between the City and Grantor as follows: 1. RECITALS. The foregoing recitals are true and correct and incorporated herein by this reference. 2. EASEMENT PREMISES. Exhibit "A" to the Grant of Easement, containing the legal description of the Easement Premises,shall be and is hereby amended and replaced by Exhibit "A" attached hereto. All references to Exhibit"A" in the Grant of Easement shall mean and refer to Exhibit"A" attached hereto. Exhibit"B"to the Grant of Easement, containing the depiction of 3183390.v1 the Easement Premises, shall be and is hereby amended and replaced by Exhibit "B" attached hereto. All references to Exhibit"B" in the Grant of Easement shall mean and refer to Exhibit"B" attached hereto. 3. REAFFIRMATION. Grantor and the City hereby agree that the Grant of Easement, as amended hereby, is and shall be valid, binding upon and fully enforceable in accordance with its terms and all the terms, conditions, provisions, agreements, requirements, promises, obligations, duties, covenants and representations in the Grant of Easement, as amended hereby, are hereby ratified and reaffirmed in all respects. 4. CAPITALIZED TERMS. Any capitalized term used herein but not otherwise defined herein shall have the meaning assigned to such term in the Grant of Easement. 5. COUNTERPARTS; FAX AND PDF SIGNATURES. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signature pages of this Amendment transmitted to any party via facsimile or Portable Document Format (PDF) shall be deemed to be originals for all purposes hereunder. 6. EFFECT OF AMENDMENT. Except as expressly amended in this Amendment,the terms and provisions of the Grant of Easement shall remain in full force and effect. In the event of any conflict between the terms of the Grant of Easement and the terms of this Amendment,the terms of this Amendment shall control. [Signature pages follow] 3183390.v1 2 IN WITNESS WHEREOF,the parties hereto have hereunto set their hands the day and year first above written. GRANTOR: WEEKLEY HOMES,LLC By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2019, by , the of WEEKLEY HOMES, LLC, a Delaware limited liability company, on behalf of said company,the Grantor. Notary Public 3183390.v1 3 CITY: CITY OF ORONO By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2019, by , the City Administrator of the CITY OF ORONO, a Minnesota municipal corporation, on behalf of the corporation. Notary Public DRAFTED BY: FELHABER LARSON(MSR) 220 SOUTH SIXTH STREET SUITE 2200 MINNEAPOLIS,MN 55402 3183390.v1 4 Exhibit "A" Legal Description of Easement Premises A 10.00 foot wide easement area for trail purposes over,under,and across Lot 8,Block 1,ORONO PRESERVE, according to the recorded plat thereof, Hennepin County, Minnesota. The centerline of said easement is described as follows: Commencing at the northwest corner of said Lot 8;thence South 75 degrees 02 minutes 45 second East, assumed bearing along the northerly line of said Lot 8, a distance of 61.85 feet to an angle point in said northerly line; thence South 89 degrees 04 minutes 56 seconds East, along said northerly line, 4.04 feet to the point of beginning; thence South 62 degrees 36 minutes 23 seconds West 52.88 feet to the westerly line of said Lot 8, and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at the northerly and westerly lines of said Lot 8. 3183390.v1 Exhibit "B" Depiction of Easement Premises ,- HW1 NORTEST CORNER LOT 8, WA Z -V1 A BLVD , i BLOCK 1 — ___ r-NORTHERLY UNE 1 LOT 8,BLOCK 1 /-NORTHERLY UNE S75 en I S89°04'56"E / LOT 8,BLOCK 1 - 6J,85 4,04 AS-BUILT SIDEWALK METAL FENCE., -"\ Il P.O.B. / ill x.,____, x____„ TT�NNS� , _ /, .: -t- x __x_`x_� LI EASEMENT \ / .. / __.... X'^� EASEMENT \ \ /? !r.i _.. __ X��X \\ \\` „/. ,.,..e t1V-/ '' 0 4 40. 1.‘ ,,.''0 _....,•4:3- S 4"3C / / \F 1 \ r. I /rWESTERLYLINE II < 1 1 1 \ 1 1 I / LOT 8,BLOCK 1 CC 1 / Q / r -• i s r - i -- 7 - 1- -", \ / r - 1 1 \ L _ JL_ - I \ V L _ 8 (21 1 can °' / / TRAIL EASEMENT LEGAL DESCRIPTION A 10.00 foot wide easement area for trail purposes over,under,and across Lot 8,Block 1,ORONO PRESERVE,according to the recorded plat thereof, Hennepin County,Minnesota.The centerline of said easement is described as follows: Commencing at the northwest corner of said Lot 8;thence South 75 degreesiii 02 minutes 45 seconds East,assumed bearing along the northerly line of said Lot 8,a distance of 61.85 feet to an angle point In said northerly line; thence South 89 degrees 04 minutes 58 seconds East,along said northerly N line,4.04 feet to the point of beginning;thence South 82 degrees 36 minutes 23 seconds West 52.88 feet to the westerly line of said Lot 8,and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at 0 10 20 40 the northerly and westerly lines of said Lot 8. IlMilinlilMi SCALE IN ,I I TRAIL EASEMENT AREA 0.4,er o,..d 4 I40107 neo Arra EngIneerlro,Inc. ORONO PRESERVE a 733 Marquette Ave, 1' Ae,s00 O.9 Atm [Mn b: MInMop06i,MN68402 TAIL EASEMENT WE TRAIL EASEMENT EXHIBIT 612788,3080 MAN n+ ORONO,MINNESOTA 812.75820M9 FAX rnvaalYnFinc.corn 3183390.v1 i--NORTHWEST CORNER LOT 8, WAYZATA BLVD // BLOCK 1 _-_ 1-NORTHERLY LINE LOT 8, BLOCK 1 /-NORTHERLY LINE S,5°U2r45ri I S89°04'56"E / Lor 8, BLOCK 1 6/.85 4.04 / AS-BUILT SIDEWALK METAL FENCE-,N P.O.B. / 0 X :0-\ fit X EXISTING � '‹ ::::4:,> --- X _ SIDEWAL�\� 0:>,%.,`.1,4:::Hi.:: ::::::\Z � � X_X_EASEMENT ri^, —/ i .r ,., ;/ X _ til r" ��0 �40 c 562 ., 4_P�� : TYPICAL W WESTERLY LINE I 11- t/ I I i 1/ LOT 8, BLOCK 1 /, V / I \ A / I N A / - / C21 \ / 1- \ 1- \ 1--- - " I- - 1- \ \ / r- H 2 H l H - , IH - H < \ / H - I I I \ i_ _ � / i_ _ I \ V L - -.A, r 4‘ \._, I 2 C Z WA' 0- - - : TRAIL EASEMENT LEGAL DESCRIPTION A 10.00 foot wide easement area for trail purposes over, under, and across Lot 8, Block 1, ORONO PRESERVE, according to the recorded plat thereof, Hennepin County, Minnesota.The centerline of said easement is described as follows: Commencing at the northwest corner of said Lot 8;thence South 75 degrees 02 minutes 45 seconds East, assumed bearing along the northerly line of said Lot 8, a distance of 61.85 feet to an angle point in said northerly line; thence South 89 degrees 04 minutes 56 seconds East, along said northerly N line, 4.04 feet to the point of beginning;thence South 62 degrees 36 minutes 23 seconds West 52.88 feet to the westerly line of said Lot 8,and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at 0 10 20 40 the northerly and westerly lines of said Lot 8. SCALE IN FEET >= TRAIL EASEMENT AREA Design File: Checked By: 140157 Deo Alliant Engineering,Inc. ORONO PRESERVEA733 Marquette Ave,Ste 700 Owg Name: Drawn By: TRAIL EASEMENT DPE TRAIL EASEMENT EXHIBIT Minneapolis,MN 55402 612.758.3080 MAIN Date: scale: ORONO,MINNESOTA 612.758.3099 FAX 8126/19 r=20' www.alliant-inc.com El Hennepin County Locate & Notify Map Date: 9/9/2019 t 1.71A+ ( ha l tr all ' wed IepPkwy: t k e *" a 2765 iz, 2745 4 .RMEINIIMWay 1 `4l t a 2890 2884 2872 ` 56.,ill, itai IP mil 2668580 1 iv! 7' 575 Da. \... W p"p bs(� � 570 05) Nr�� 565 tui 560 oil 560+�I i if i545 550 fly t+7 2 5 2885 2875 2855 540 og, nrl f32 1 Q128,75 ,..2x81ill 3025 2865 \\ts,t 5351 530 rel 520 f WI a 510 tm „r. 4?5 ne, `ei 500 ntal CO A '�, 400 �,4.0 450 �I 480r 7 O Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 1 1 1 1 1 1 1 580 Sandhi Drive This data (i) a furnished 'AS IS' with norepresentationasto completeness or accuracy; (i)isfurnhhedwithnowarranty of any knd; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for�nydamage,injury or loss resulting from this data. For more information,contact Hennepin CountyGlS Office 300 6th S treat So uth,M i nn ea polis,MN 55487/g i s.i nfo@hennepi n.us RUN DATE:09/09/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 33-118-23 12 0002 38 33-118-23 24 0010 38 33-118-23 24 0020 PROFESSIONAL PROP ORONO LLP M J CARLSON&K JB CARLSON K HARWICK&L HARWICK 2765 KELLEY PKWY 2872 WOOD DUCK TR 530 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PROFESSIONAL PROP ORONO LLP MATTHEW&KALEENA CARLSON KEVIN HARWICK 835 PARTENWOOD RD 2872 WOOD DUCK TR LACEY HARWICK LONG LAKE MN 55356 LONG LAKE MN 55356 530 SANDHILL DR LONG LAKE MN 55356 38 33-118-23 12 0004 38 33-118-23 24 0011 38 33-118-23 24 0021 CITY OF ORONO TRINETTE WACKER/BRYAN WACKER WEEKLEY HOMES LLC 38 ADDRESS UNASSIGNED 2868 WOOD DUCK TR 520 SANDHILL DR ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 CITY OF ORONO TRINETTE WACKER/BRYAN WACKER WEEKLEY HOMES LLC 1335 BROWN RD S 2868 WOOD DUCK TR 1111 N POST OAK ROAD WAYZATA MN 55391 LONG LAKE MN 55356 HOUSTON TX 77055 38 33-118-23 12 0008 38 33-118-23 24 0012 38 33-118-23 24 0022 ORONO APARTMENTS LLC DARCY FLINN REVOCABLE TRUST WEEKLEY HOMES LLC 2745 KELLEY PKWY 565 SANDHILL DR 510 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ORONO APARTMENTS LLC DARCY FLINN WEEKLEY HOMES LLC P O BOX 849 565 SANDHILL DR 1111 N POST OAK RD WAYZATA MN 55391 LONG LAKE MN 55356 HOUSTON TX 77055 38 33-118-23 13 0019 38 33-118-23 24 0013 38 33-118-23 24 0031 METRO STORAGE ORONO LLC GARY MUELLER/LAVONNE MUELLER STEPHANIE HAWKINSON 2725 WAYZATA BLVD W 575 SANDHILL DR 2895 WOOD DUCK TR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 METRO STORAGE HHF VENTURE GARY MUELLER/LAVONNE MUELLER STEPHANIE HAWKINSON METRO STORAGE LLC 575 SANDHILL DR 2895 WOOD DUCK TR 13528 BOULTON BLVD LONG LAKE MN 55356 LONG LAKE MN 55356 LAKE FOREST IL 60045 38 33-118-23 13 0020 38 33-118-23 24 0014 38 33-118-23 24 0032 PINE CORNER PROPERTIES LLC R CORCORAN&B CORCORAN KIRSTEN K REKSTAD 450 OLD CRYSTAL BAY RD N 585 SANDHILL DR 2885 WOOD DUCK TR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PINE CORNER PROPERTIES LLC RYAN CORCORAN KIRSTEN K REKSTAD ATTN ANDREA TYSDAL BROOKE CORCORAN 2885 WOOD DUCK TR 920 BROWN RD S 585 SANDHILL DR ORONO MN 55356 WAYZATA MN 55391 LONG LAKE MN 55356 38 33-118-23 13 0021 38 33-118-23 24 0015 38 33-118-23 24 0033 PINE CORNER PROPERTIES LLC WEEKLEY HOMES LLC STEVEN WENDLING&D WENDLING 550 OLD CRYSTAL BAY RD N 580 SANDHILL DR 2875 WOOD DUCK TR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PINE CORNER PROPERTIES LLC WEEKLEY HOMES LLC STEVEN WENDLING 550 OLD CRYSTAL BAY RD N 1111 N POST OAK ROAD DOREE WENDLING LONG LAKE MN 55356 HOUSTON TX 77055 2875 WOOD DUCK TR LONG LAKE MN 55356 38 33-118-23 210002 38 33-118-23 24 0016 38 33-118-23 24 0034 SCHOOL DIST NO 11 A HOFFMANN/P H ROMERO ET AL ANDREA N RATFIELD 685 OLD CRYSTAL BAY RD N 570 SANDHILL DR 2865 WOOD DUCK TR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ORONO IND SCHOOL DIST NO 278 AMY HOFFMANN ANDREA N RATFIELD 685 OLD CRYSTAL BAY RD N PAUL HOFFMANN ROMERO 2865 WOOD DUCK TR LONG LAKE MN 55356 570 SANDHILL DR LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 23 0002 38 33-118-23 24 0017 38 33-118-23 24 0035 R E DUMAS&K G DUMAS WEEKLEY HOMES LLC M SMILEY&J SMILEY 3025 WAYZATA BLVD W 560 SANDHILL DR 2855 WOOD DUCK TR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ROBERT E&KATHRYN G DUMAS WEEKLEY HOMES LLC MATTHEW SMILEY 3025 WAYZATA BLVD 11 l 1 N POST OAK ROAD JENNIFER SMILEY BOX 607 HOUSTON TX 77055 2855 WOOD DUCK TR LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 24 0008 38 33-118-23 24 0018 38 33-118-23 24 0036 WEEKLEY HOMES LLC WEEKLEY HOMES LLC WEEKLEY HOMES LLC 2890 WOOD DUCK TR 550 SANDHILL DR 545 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 WEEKLEY HOMES LLC WEEKLEY HOMES LLC WEEKLEY HOMES LLC 1111 N POST OAK ROAD 1111 POST OAK RD N 1111 POST OAK RD N HOUSTON TX 77055 HOUSTON TX 77055 HOUSTON TX 77055 38 33-118-23 24 0009 38 33-118-23 24 0019 38 33-118-23 24 0037 WEEKLEY HOMES LLC WEEKLEY HOMES LLC WEEKLEY HOMES LLC 2884 WOOD DUCK TR 540 SANDHILL DR 535 SANDHILL DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 WEEKLEY HOMES LLC WEEKLEY HOMES LLC WEEKLEY HOMES LLC 1 111 N POST OAK ROAD 1111 POST OAK RD N 1111 N POST OAK RD HOUSTON TX 77055 HOUSTON TX 77055 HOUSTON TX 77055 RUN DATE:09/09/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 33-118-23 24 0038 WEEKLEY HOMES LLC 495 SANDHILL DR ORONO MN 55356 WEEKLEY HOMES LLC 1111 N POST OAK RD HOUSTON TX 77055 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: 09/16/19 Date Application Considered as Complete:09/16/19 "�0j � 60-Day Review Period(Extension)Expires: 01/15/20 y Y llt) To: Chair Ressler and Planning Commission Members y Dustin Rief, City Administrator G~ 4IcEsH0SL.1" From: Melanie Curtis, Planner i'Y1GG Date: October 21, 2019 Subject: #LA19-000081, David &Stacey Royal, 3135 Jamestown Rd, Variances Public Hearing Application Summary: The applicant is requesting a lake setback variance to rebuild an existing barn on the property with a different footprint and orientation. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant has an existing 1,100 square foot barn on the property which is in need of replacement. They are proposing to construct a new 1,400 square foot barn in generally the same location on the property, but further from the lake.The proposed location is 124'from the lake, closer than the required 150-foot setback from Lake Classen, a natural environment lake. *The applicant is considering increasing the size of the barn structure, commiserate with recent changes to the oversized accessory building changes. Staff does not object as these changes do not change our analysis relative to the setback variance request. LOT ANALYSIS WORKSHEET Section 78-420&78-1279-Setbacks: RR-1B Required Existing Barn Proposed Barn Rear/Street 50' 369' 344' West Side 30' 210' 184' East Side 30' 185' 190' Wetland 25' or MCWD buffer 112' 124' Lakeshore 150' 112' 124' Because the property to the east is not considered lakeshore by definition,the property to the west (3145 Jamestown Rd) Average Lakeshore determines the average lakeshore setback at 116'.The applicants' home and the proposed barn are further from the lake, meeting the setback. Section 78-420-Lot Area/Width: FILE#LA19-000081 21 Oct 19 Page 2 of 4 Rr-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' ±300 '(irregular) @ 150'/ Actual 133,435 s.f. (3.06 acre) ±300' (irregular) @ OHWL Section 78-1403-Structural Building Coverage: Structural coverage limitations do not apply as the property exceeds 1.99 acres. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay District in Zone Hardcover Existing Hardcover Proposed Hardcover Tier Tier 1 133,435 s.f. 33,358 s.f. 10,778 s.f. 0 w/in 11,027 s.f. 0 w/in (25%) (8.1%) 75' (8.3%) 75' Applicable Regulations: Lake Setback Variance (Code Section 78-1279) There is an existing barn on the property which is no longer functional and is in disrepair.The applicants want to replace the barn in a similar location and setback yet improve the encroachment to the lake. Lake Classen is a natural environment lake requiring a 150-foot setback from the OHWL.The new barn will be 124-feet from the OHWL. The OHWL is situated upslope slightly from the open water as there is a wetland along the shoreline.The setback proposed from the open water of the lake is about 145 feet. 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 variance to allow construction of the barn is in harmony with the zoning code;the requested setback variance on this Property is generally consistent with the intent of FILE#LA19-000081 21 Oct 19 Page 3 of 4 the ordinance. 2. The variance is consistent with the comprehensive plan. This statement is true; the requested variance is in line with the rural residential goals within the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the variance request is residential in nature and are reasonable considering the unique rural nature of the property,and the neighborhood with significant separation between the properties as well as the elevation difference between the home and the lake. b. There are circumstances unique to the property not created by the landowner; the location of the barn to be replaced and the site configuration was not created by the owner, the elevation of the home and barn in relation to the OHWL of Lake Classen greatly impedes visual impact from the Lake; and c. The variance will not alter the essential character of the locality. The visual impacts of the replacement barn will be minimal from the lake due to the topography as well as from adjacent properties due to the physical distance separation.The proposed barn will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as an accessory barn is an allowed use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The lake setback requirement,the size and shape of the property is similar to the other properties in the Jamestown Road neighborhood within the RR-1B district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The existing barn to be replaced is at 112' from the OHWL. It is located lakeward of the average Lakeshore setback (116'); within the 150-foot setback from the OHWL.The proposed barn will meet the average setback and is on the top of a slope.The shape of the lot and the location of the existing buildings are unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The existing barn can be re-built in kind, the proposed replacement barn is necessary to permit the property owners continued enjoyment of their property. The barn is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake, maintaining maximum distance from adjacent properties,and is located out of drainage ways. FILE#LA19-000081 21 Oct 19 Page 4 of 4 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter.The proposed project will not impair the health, safety, comfort,or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.Granting of the variance will resolve and alleviate a demonstrated practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by sanitary sewer. 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 location of the existing barn to be replaced, the sloping topography, and lake setback from the natural environment lake. The applicant is proposing to improve the setback and resolve the average lakeshore setback encroachment with the new barn. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey with Hardcover Exhibit D. Proposed Plans and Elevations Exhibit E. Property Owners List Exhibit F. Plat Map Land Use Application Summary Application Date: 09/16/2019 Address: 3135 JAMESTOWN RD LONG LAKE, MN 55356 Parcel Number: 2811823330016 Land Use Number: LA19-000081 Application Submitted By: Property Owner Owner: Name: DAVID & STACEY ROYAL Address: 3135 JAMESTOWN RD LONG LAKE, MN 55356 Applicant: Name: Stacey royal Company: Address: 3135 jamestown road orono, mn 55356 sroyal@phatminds.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: 19-000765 -New Barn Land Use Application Type: Amendmend Application Appeal of Admin Decision '.--' Concept Application '- Conditional Use Permit I Site Plan Application Subdivision Application Subdivision Exception -J Vacation Application Variance Application Applicant Signature: ." 171/\ /- 5/\) We are seeking a variance to rebuild the barn that currently stands on our property, 3135 Jamestown Road. The variance is needed because our property sits on Lake Classen, and our neighbor's party is also considered Lake Front property but their view of the lake would not be altered by the new barn. Our street cul-de-sac would be similar to a peninsula as far as views of the lake would go—this neighbor see the lake by looking east, we see the lake by looking south. We would like to rebuild the barn because we would like to use the barn to park cars and build a second floor to use as a recreational space and as an office. The new barn would be a little larger than the barn that exists today, but would have an overall footprint that fits with the ordinances set for our property, which would be 1400 square feet. PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000081 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: We currently have a barn and we would like to put in a new barn within the size limitations that exist today with Orono's zoning laws. The plan is to build a new barn that is 1400 square feet, which is the maximum size allowed for our property. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The circumstances of why we need this variance are due to the fact that our neighbor's property, which was built after our original barn was built, is on marshland that is considered lake property. We would like to replace the barn that currently stands, with a barn that is in a similar location. If this was a normal lake front property, this ordinance would help prevent a neighbor from blocking the view of the other neighbor. In our circumstance, we would not be altering the view of our neighbors. Whether there is a barn or not, the neighbors of 3085 Jamestown Road would not see Lake Classen from this view. 3. The variance, if granted, will not alter the essential character of the locality. Response: This is correct. This would not alter character - the barn will be similar color and architecture to our house. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: NA 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: NA 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The zoning requirements that are requiring this permit are for neighbors that's line of site may be restricted with construction of a new structure. This structure will not restrict the views of my neighbors. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: NA 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Granting this application would allow us to rebuild the structure that exists on the property today and allow us to make the structure more usable. 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: There will not be any impairment of health, safety, comfort or morals. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: The variance is needed in order for us to rebuild the barn that currently stands. It is necessary for us to make this barn a useful structure. PROPOSED SURVEY FOR: a DAVID & STACEY ROYAL / o°' ft-11\ +, m LEG13.1AEND Fr- � � o// .1100 0 EGO,6Glchc I/ �y SCALE IN FEET 101..m,. ° . <: Shad A SO ^^^'''����'''\����/ P f T -Iii s1 u x sf Ow �/B L .. SIMMS SURFACE A BER mex g. Pun.INS•Perch A 556 5F O r. eaa \h & 'IRA^ NIu '�'�8 rt '` 16 \ i1_ th:.,,tr . Ta ,, ,..,:. `' ...CEP TIC\ C. r- i / •,... .' / _ \ ,e , r . '.',..i \ . .7_27 E n r m.. 1.1, ,..'! .Lilibityl I.,,d:1a. C n ry .. ��'11t1�11 1... 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'� / 111111111111111111111111111I11111I1I1I1I A .7441::::::7 \/ 1111111111111111111111111I�I�I�I�I�1�I�06 1 1 1 1 1 1 1 1 1 1 1 1 II1 1 1 1 1 1II I ' ` `v- �r'�!`'+ 11111111111111111111111111111111111111111111 11uk 11111111111111111111111111111111111111111111 ,,,,...3440.440-#,, � ` 11111111111111111111111111111111111111111111 %mho•r. : 11111111111111111111111111111I1I1I1111111I11 ti���,-+�����,����, .� 11111111111111111111111111111111111111111111 Atl ittitt 11111111111111111111111111�I�I�I�I�I�I�I�I�I '�r!ti��� i%��r�t�% 1111-11111110111110NO 11111111111111111111111111 ���1 ,�����.�����j.,�� � , , ,/ 11IIIIIIIIIIIIIIIIIIl��..\% �� Ny 11111111111111111111•�' •'' •�'— 1 1 1 1 1 1 1 1 1 1 1 111111111 .�{� ,moi ,r4<i 11111111111111111111111111II1111IIIIIIIIIIII �1 `...oI 1.44774,4010. ..-.4.- III:111111111111111111111111111119,11. ���leiVit. 1111111111111111111111111111111111111viot0' 0-44 '%tt 11 1 1 1 1 1 11 I I I I I I I I Iow: $IA1,�".$ 111111111111111111111111111111111111111111 11111111111111111111111 m I I O 7/30/2019 Royal Barn L 21185 Viking Blvd. ■ BUILDERS Wyoming, MN 55092 by DESIGN MN Lic#:BCO26555 Gary Larson <gary-parson@hotmail.com> Thu 9/12/2019 5:53 PM Stacey: Certainly OK by us! Upgrades the 'hood! Could you add an extra bay-we're thinking about a boat! Just saw one on e-bay: 12-footer, 10HP Merc., needs paint! What do you think? Larson's Sent from my iPhone On Sep 12, 2019, at 3:40 PM, Stacey Royal<sroyal@phatminds.com>wrote: Barb, Gary, Merrill and Heidi, Dave and I are in the process of redoing our barn so that it has a foundation and is usable for storing our boat and another car. The barn will be in a similar location to where it is now, but it will be two stories. In doing this, we need to apply for a variance with the City of Orono because it's required based on some rules of how our property is setup on the lake. Part of the variance requirement is that we let the neighbors next to us know of our plans, and make sure we are not upsetting our neighbors. If you could kindly reply to this email letting me know if you are concerned about anything or if you are ok with us moving forward with this project. Thank you, Stacey hhcole@aol.com Thu 9/12/2019 4:48 PM • Stacey Royal Hi Stacey, To whom it may concern: We do not object to the remodeling of your barn from one story into two stories. Good luck with your building project. Thanks, Merrill and Heidi Original Message From: Stacey Royal <sroyal@phatminds.com> To: Gary & Barb Larson <gary-larson@hotmail.com>; Heidi & Merrill Cole <hhcole@aol.com> Sent: Thu, Sep 12, 2019 3:40 pm Subject: Proposed Barn Update Barb, Gary, Merrill and Heidi, Dave and I are in the process of redoing our barn so that it has a foundation and is usable for storing our boat and another car. The barn will be in a similar location to where it is now, but it will be two stories. In doing this, we need to apply for a variance with the City of Orono because it's required based on some rules of how our property is setup on the lake. Part of the variance requirement is that we let the neighbors next to us know of our plans, and make sure we are not upsetting our neighbors. If you could kindly reply to this email letting me know if you are concerned about anything or if you are ok with us moving forward with this project. Thank you, Stacey RUN DATE:09/17/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 28-118-23 32 0007 38 28-118-23 33 0017 RYAN KLUG&KATHERINE KLUG H H COLE&M E COLE TRES 3105 SIXTH AVE N 3145 JAMESTOWN RD ORONO MN 55356 ORONO MN 55356 RYAN KLUG&KATHERINE KLUG HEIDI H COLE 3105 6TH AVE NO MERRILL E COLE LONG LAKE MN 55356 3145 JAMESTOWN RD LONG LAKE MN 55356 38 28-118-23 33 0001 38 29-118-23 44 0001 ORONO IND SCHOOL DIST NO 278 ATHENA M PIRKL 38 ADDRESS UNASSIGNED 3225 SIXTH AVE N ORONO MN 00000 ORONO MN 55356 ORONO IND SCHOOL DIST NO 278 ATHENA M PIRKL 685 OLD CRYSTAL BAY RD N 3225 SIXTH AVE N LONG LAKE MN 55356 LONG LAKE MN 55356 38 28-118-23 33 0003 38 33-118-23 21 0001 ORONO INDEP SCH DIST#278 SCHOOL DIST NO 11 38 ADDRESS UNASSIGNED 765 OLD CRYSTAL BAY RD N ORONO MN 00000 ORONO MN 55356 ORONO IND SCHOOL DIST NO 278 ORONO IND SCHOOL DIST NO 278 685 OLD CRYSTAL BAY RD N 685 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 LONG LAKE MN 55356 38 28-118-23 33 0008 VON BANK LIVING TRUST 3065 JAMESTOWN RD ORONO MN 55356 JASON DENNIS VON BANK 3065 JAMESTOWN RD LONG LAKE MN 55356 38 28-118-23 33 0009 A L PAGE&J M PAGE 38 ADDRESS UNASSIGNED ORONO MN 00000 ANDREW L&JULIE M PAGE 3050 JAMESTOWN RD LONG LAKE MN 55356 38 28-118-23 33 0010 G&B LARSON 3085 JAMESTOWN RD ORONO MN 55356 GARY A LARSON 3085 JAMESTOWN RD LONG LAKE MN 55356 38 28-118-23 33 0012 K DECUBELLIS&J DECUBELLIS 3155 JAMESTOWN RD ORONO MN 55356 KENNETH DECUBELLIS JENNIFER DECUBELLIS 3155 JAMESTOWN RD LONG LAKE MN 55356 38 28-118-23 33 0014 N A RILEY&S A RILEY 3175 JAMESTOWN RD ORONO MN 55356 NEIL A&STEPHANIE A RILEY 3175 JAMESTOWN RD LONG LAKE MN 55356 38 28-118-23 33 0015 AL PAGE&J M PAGE 3050 JAMESTOWN RD ORONO MN 55356 ANDREW PAGE 3050 JAMESTOWN ROAD LONG LAKE MN 55356 38 28-118-23 33 0016 DAVID S ROYAL/STACEY L ROYAL 3135 JAMESTOWN RD ORONO MN 55356 DAVID&STACEY ROYAL 3135 JAMESTOWN RD LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. _ Hennepin County Locate & Notify Map Date: 9/17/2019 3185 3105 3045 3 025 —41111111111111111,111111111.1 17am'g stawnvR+d yy 3050 n,a 3 22 , 3 06 3155 oz, t Orono 1. 3 3085 145 QTI � � e t 3135 ' F µdr . { � r � $ "ms's t fy gg� yv r S 4.: ..T Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I I I I I 1 I 3135 Jamestown Road This data (i) s furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnishedaithnowarranty of any knd; and (ii) is notsuitable far legal,engineering or sur\eying purposes.Hennepin County shat not be liablefor anydamage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us Date Application Received: 09/17/19 Date Application Considered as Complete:09/27/19 ONO 60-Day Review Period(Extension)Expires: 01/24/20 Lj, To: Chair Ressler and Planning Commission Members y Dustin Rief, City Administrator �G, 4kES H OR From: Melanie Curtis, Planner 111GO Date: 21 October 2019 Subject: #LA19-000082, Alexander Design Group o/b/o John &Christine Buboltz 1973 Eagerness Point Rd, Variances Public Hearing Application Summary: The applicant is requesting variances in order to rebuild an attached garage with a larger footprint, and relocate a balcony. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property has lakeshore on two sides which significantly limits the buildable area. The applicant is proposing additions/expansions to the 2nd story which are within the lake setback but are over existing first floor. The existing garage on the property is connected to the home via an underground tunnel. This proposed garage rebuild which will include a roof-top deck and an above ground addition require variances for rear/street setback,side yard setback, average lakeshore setback(road side) and 75-foot hardcover. Additionally,the applicant has proposed to move an existing west facing balcony to the opposite side of the home requiring lake setback,75-foot hardcover, and average lakeshore setback variances. LOT ANALYSIS WORKSHEET Section 78-350&78-1279-Setbacks: LR-1C Required Existing Proposed Street/Eagerness Pt Rd 30' 1.7' 5.7' North Side 7.5' 28' 29' addition South Side 7.5' 5.6' 5.2' West Lakeshore 75' 90' 95' East Lakeshore 75' 43.5' balcony 38' balcony Balcony:The existing balcony is situated lakeward of the average lakeshore setback.The proposed location is technically no closer to the lake however is still within the setback. Average Lakeshore Garage Addition:The survey reflects an incorrect ALS line on the road side, the staff (purple) line on the survey is correct. The proposed garage will be approximately 4 feet further from the lake than existing although still almost entirely within the average lakeshore setback. FILE#LA19-000082 21 Oct 19 Page 2 of 5 Section 78-350-Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' West 77' @ 75'/78' @ OHWL Actual 13,679 s.f. (0.31 acre) East 75' @ 75'/63' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 13,679 s.f. (0.31 acre) Allowed: 2,735 s.f. (20%) Existing: 1,866 s.f. (13.6%) Proposed: 2,232 s.f. (16.3%) Section 78-1680-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover Proposed Hardcover District Tier 3,419.7 s.f. 2,536 s.f. 1,197 s.f. 2,878 s.f. 1,804 s.f. Tier 1 13,679 s.f. (25%) (18.5%) w/in 75' (21%) w/in 75' Applicable Regulations: Lake Setback, Average Lakeshore Setback&75-foot Hardcover Variances (Code Sections 78- 1279 and 78-1680) The property has an approximate 27' x 60' building envelope.The existing home only occupies about a third of this with most of the home situated in the 75-foot setback(s).The existing balcony is situated on the northern side of the west facing portion of the home, lakeward of the average lakeshore setback.The applicant is requesting to move the balcony to the opposite side of this face of the home proposed location is technically no closer to the lake however is still within the setback. Additions to the 2nd floor to make a full story rather than a half/partial story are proposed. The applicant is not requesting to expand beyond the existing setbacks, however the mass will be increased primarily on the sides and roof,see Exhibits C and E. The proposed garage will be approximately 5 feet further from the lake than existing although still almost entirely within the average lakeshore setback. There is a rooftop deck proposed above the garage. Much of the change will be over existing hardcover or existing structure, however the hardcover will increase in the 75-foot setback areas by 607 square feet due to the larger garage,the size of the addition. The total hardcover of the site will still conform at 21%. Street/Rear Setback and Side Yard Setback Variances (Code Section 78-350) The garage will be set back 5.2'where an existing 5.6' setback currently exists.The change in the shape of the garage pulls it back slightly from the street (4 feet further)for a setback of 5.7' from the road. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the FILE#LA19-000082 21 Oct 19 Page 3 of 5 proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 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 proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its double lake frontage, small size, and width. The additions were designed to protect lake views for the neighbors and meant to be within existing improved areas. 2. The variance is consistent with the comprehensive plan. The proposed variances to improve this nonconforming lot 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 the additions to the home on the substandard lot, in the proposed location within the setbacks, appears to be somewhat reasonable as the property's reduced size and orientation with respect to the dual frontage lakeshore, Fagerness Point Road, and adjacent properties creates difficulties. The hardcover level, and encroachments proposed within the average lake setback, side yard, street yard, and lake yard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The proposed hardcover level and setbacks are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of additions to the home which are 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: 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#LA19-000082 21 Oct 19 Page 4 of 5 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residence and garage are allowed uses in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 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 with respect to the lakeshore, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard size, dual lakeshore frontage, topography, Fagerness Point Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested 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 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 variances do not merely serve as a convenience to the applicant. The variances are necessary as the property has considerable practical difficulties affecting development. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that a number of the property characteristics are practical difficulties making development and improvement challenging. The topography of the lot, the dual lakeshore frontage, which applies lake and average lakeshore setbacks on both sides of the property, the narrowness of the lot,and the proximity to the road are all difficulties that support the requested variances. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the FILE#LA19-000082 21 Oct 19 Page 5 of 5 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. 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. Staff Annotated Plans Exhibit F. Submitted Hardcover Calculations Exhibit G. Photos Exhibit H. Property Owners List Exhibit I. Plat Map Land Use Application Summary Application Date: 09/17/2019 Address: 1973 FAGERNESS POINT RD WAYZATA, MN 55391 Parcel Number: 1811723140008 Land Use Number: LA19-000082 Application Submitted By: Agent on behalf of property owner Owner: Name: JOHN BUBOLTZ Address: CHRISTINE BUBOLTZ 901 RIDGE CREST DR CARVER, MN 55315 Applicant: Name: Kathryn Alexander Company: Alexander Design Group Address: 401 Lake St East Wayzata, MN 55391 kathryn@alexanderdesigngroup.com Contact Information: Associated Contact: Kathryn Alexander kathryn@alexanderdesigngroup.com Associated Contact: Associated Contact: Associated Contact: Project Description: Variance Request Land Use Application Type: Amendmend Application L 1 Appeal of Admin Decision C1 Concept Application O Conditional Use Permit LI Site Plan Application L.1 Subdivision Application Ci Subdivision Exception U Vacation Application Ll Variance Application Li Applicant Signature: wNIISIAN/144140� PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000082 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: This is an unusual situation where there is lakeshore on both sides of the house making the buildable area very small. The existing house already is totally out of compliance. The homeowner wishes to re-construct the existing, failing garage and make it sizable enough to pull 2 cars into it. We are pushing the garage back 4' from the street and widening it 4' - making it 24' wide. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The need for the variances is created by the shape of the land on this point. With road setbacks and Lakeshore setbacks on two sides it creates a small buildable area. 3. The variance, if granted, will not alter the essential character of the locality. Response: This whole stretch of Fagerness Point has houses with similar situations. Granting these variances will not alter the character of the neighborhood. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: We are asking for the variances for the practicality of rebuilding a usable two car garage.It is not because of any economic situation. 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: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: This is a unique situation of land specific to this end of Fagerness Point. It is not typical in Orono to have water on two sides of the house. This is typical to the neighboring houses. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Most of the lakeshore in Orono has lake on one side and a road on the opposite side. This is an unusual point of land that narrows towards the point. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: It is considered a hardship in our climate to not have a usable two car garage that is attached. We are requesting the ability to rebuild the garage in a manner that is usable to the homeowner. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Granting this variance will not impair the health, safety or welfare of the community. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: These variance requests are necessary for the homeowner to rebuild a usable garage space. We feel the new footprint improves the shape and size of the garage to allow them both to park cars. It will alleviate the need to park across the street outside. 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Key to Survey Hardcover Item(Describe) Length x Width Total(Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A House Misc. 298 S.F. B Garage 20x28 560 S.F. C Driveway-Pavers Misc. 64 S.F. D Parking Spot-Pavers Misc. 232 S.F. E Paver Walkways Misc. 106 S.F. F Concrete Stairs Misc. 13 S.F. G Walkway Deck Misc. 66 S.F. H S.F. S.F. S.F. K S.F. L S.F. M S.F. N House within 75'setback Misc. 1008 S.F. O Paver Walkways Within 75 setback Misc. 66 S.F. P Concrete Stairs Within 75 setback Misc. 123 S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. y S.F. Z S.F. (1)Total Existing Hardcover 2,536.00 S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2)Total Excludable Hardcover 0 S.F. (3)Net Existing Hardcover[Subtract line(2)from line(1)) 2,536.00 S.F. (4)Total Lot Area 13,679 S.F. Existing Hardcover Percentage[(3)+(4)] 18.54% (Proposed Hardcover next page) This is an information packet regarding Hardcover.Every effort has been made to insure the accuracy of the information contrained herein;however,if any information is not consistent with City Code,the Code provisions will prevail. Proposed City of rano 4��'o Hardcover Calculation Worksheet y. 4-I Property Address: 1973 Eagerness Point Road � c. 4kESHOQ`�i. Prepared By: Sathre-Bergquist Date: 10/17/2019 SB Job Number: 19295-011 Prepared by: EMW Stormwater Quality Overlay District Tier:(Circle One) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1:Proposed HARDCOVER In the following table,identify all items of Proposed hardcover on the property,keyed by letter to Certificate of Survey (survey must accompany this form).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 Survey Hardcover Item(Describe) Length x Width Total(Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A House Misc. 298 S.F. B Garage 20x28 560 S.F. C Driveway-Pavers Within 75 setback Misc. 64 S.F. D Parking Spot-Pavers Within 75 setback Misc. 232 S.F. E Paver Walkways Misc. 106 S.F. F Concrete Stairs Misc. 13 S.F. G Walkway Deck Misc. 66 S.F. H Garage to be removed Misc. -560 S.F. I Walkway Deck to be removed Misc. -66 S.F. J Portion of Pavers to be removed Misc. -23 S.F. K Portion of Concrete to be removed Misc. -7 S.F. L Proposed Additoin Misc. 391 S.F. M Prop.Drive Add.Within 75 setback Misc. 72 S.F. N House within 75'setback Misc. 1008 S.F. O Paver Walkways Within 75 setback Misc. 66 S.F. P Concrete Stairs Within 75 setback Misc. 123 S.F. Q Proposed Additoin Within 75 setback Misc. 535 S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1)Total Proposed Hardcover 2,878.00 S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2)Total Excludable Hardcover 0 S.F. (3)Net Proposed Hardcover[Subtract line(2)from line(1)] 2,878.00 S.F. (4)Total Lot Area 13,679 S.F. Proposed Hardcover Percentage[(3)+(4)] 21.04% (Proposed Hardcover next page) This is an information packet regarding Hardcover.Every effort has been made to insure the accuracy of the information contrained herein;however,if any information is not consistent with City Code,the Code provisions will prevail. 40V f ri } 1 � l 1 ` aim ; ft F.: r ff 4° r4 y '' '4,, .; �y ``, • 5 ...•. a .t400144.4_,-,P.Ii4i'l '-4.•,'''..' 'i / ' ,,< :,...;,,,,,, • .,. / . ~ . ...,.v. „,.„ ,.1.,..,, , h r i 1 _.� ,i*=',/ K —'•.,. i I +C F 3 Ii< a- M ,. 1 'f `a4 .. ` m Fk .�• 9y�, 7 ` Ns,61, 4 .,, 44,,-' •„, .„ / . '4't' , . • • o- {,� . r e • • �7 } ,- 1„. oir ,„ .. . a i , .,, _ i ... , , .I-1- '1.` " ,. , t it t• i 4111.I. toot 'r 1 ' ' • Ali 7/' ' i' ,4.4;, - 7.,-...„7„-,-;,- ' 'y! ;5 t r d OT diiii10040.. ,,-.4 , . .te Ili ./a w tI�„ t . sII . •'r * ,' w tit „ ''x 3 _r � ,t. t . _ ' ' k. Jam. :; t , t t4. , J ` nt t `ak'°' ' ' - ;x 4'h;^ . tt I/Ift - 4• � r� 11 �C :4'-' r t. Art: TAY' y # 11,2 ire _, f . F W .� x 9 .,F . lr iF W °% r k n day iF � w .<�vp"y 1 l ri s1 ,7: t .4 , _ -,:ri,... ...__ _, .. ... „ 4 4. r• q'\<_. ,re• s t,,7� # y f �+ • 1 „i4;-i,...,,e, . . ,,, .,„ , 1 ill `r A Y� -i 1 , - r , ; ,, tai. , �� • "1:•,..-r ..,',- ,,,, -....”- *4; , ‘t`-tV '-74'...4'. ."•'i ''.kt . • 4'''* ire , ,*7 V \ r' , '* �E71 '.. -.-. . ' -- iot,%,"." *4.,.. 'et_ Ntik,„: .- ` '. • �(. . • ,. 14 �" r r 7 }:*iit.k ., 1.', t. • ',' if , . • J -. • • • (fi"'° irdig klittl tglet to.G -ST is_. l( y j: • tkk. f'�. 4,,'. 1 t• • f . I— N -::-. �7 O• •t a .i- , •. 1 y m t I • ; ., w -_--- ." ;.. } s� if , g a , ...� r as t .rti` ''' • • J 1 • It . ` .C •� ' /►1.. 'I • is f • i' 0 p ^,r,4. •tom ` ' �. • Y # dk00 i: -., . \ t 11I 11 is LIL " t { 11 . .,,,r , i ____ ,..,...,. ,...:.. ..,.... ,r,\\ 1 � " ‘....$4$ -511 . AI; Pf R , _w, DIY= - -- rif • , y , - ; 0 ,1. 51 ..: • . .... • ,.„ .• '..,116 t r .Y •. e c. _ „.a. , ._ . E:11., r 1 air { M - & .. A ` Al.. . P { f .'yr „07 r �s •, A`r RUN DATE:09/17/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 17-117-23 23 0006 38 18-117-23 14 0007 38 18-117-23 41 0001 JOHN EDWARD WEIST J E SCHUGEL&J A SCHUGEL DOUGLAS FICK&SUSAN FICK 1920 CONCORDIA ST 1971 FAGERNESS POINT RD 1991 EAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JOHN E WEIST JAMES E SCHUGEL DOUGLAS J FICK 1920 CONCORDIA ST JENNIFER A SCHUGEL SUSAN K FICK ORONO MN 55391-9320 1971 FAGERNESS POINT RD 1991 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0012 38 18-117-23 14 0008 ELLIE L BOLDENOW J BUBOLTZ&C BUBOLTZ 1937 EAGERNESS POINT RD 1973 EAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ELLIE L BOLDENOW JOHN BUBOLTZ 1937 EAGERNESS POINT RD CHRISTINE BUBOLTZ WAYZATA MN 55391 901 RIDGE CREST DR CARVER MN 55315 38 17-117-23 23 0017 38 18-117-23 14 0009 A F-THOMPSON&ERIK THOMPSON G L EKLOF&C F LEE 1940 CONCORDIA ST 1965 EAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 ANNETTE FUNKE-THOMPSON GARY EKLOF/CATHY LEE ERIK THOMPSON 1965 FAGERNESS PT RD 1940 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0018 38 18-117-23 14 0010 DANIEL MCINTOSH M S IVES&K F GEMPLER 1945 FAGERNESS POINT RD 1955 FAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 DANIEL MCINTOSH KARLTON&MARIA GEMPLER 1945 FAGERNESS POINT RD 1955 FAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 17-117-23 23 0028 38 18-117-23 14 0011 DANIEL MCINTOSH J B WALDRON&LYNN H WALDRON 38 ADDRESS UNASSIGNED 1951 CONCORDIA ST ORONO MN 00000 ORONO MN 55391 DANIEL MCINTOSH JOHN B WALDRON 1945 EAGERNESS POINT RD LYNN H WALDRON WAYZATA MN 55391 1951 CONCORDIA ST WAYZATA MN 55391 38 18-117-23 14 0002 38 18-117-23 14 0012 WILLIAM AUSTEN GRIERSON JANET RAGATZ/RICHARD RAGATZ 1989 FAGERNESS POINT RD 1945 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 WILLIAM A GRIERSON RICHARD W&JILL RAGATZ 1989 FAGERNESS POINT RD 1945 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 38 18-117-23 14 0003 38 18-117-23 14 0013 M R MILLER&J L MILLER T R CURTIS&J M CURTIS 1987 FAGERNESS POINT RD 1935 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 MICHAEL R MILLER& TIMOTHY RALPH CURTIS JUDITH L MILLER JANETTE MARIE CURTIS 1987 EAGERNESS POINT RD 1935 CONCORDIA ST WAYZATA MN 55391 ORONO MN 55391 38 18-117-23 14 0004 38 18-117-23 14 0014 MATTHEW BRIGGS/ALISSA BRIGGS THOMAS M KONAT 1985 EAGERNESS POINT RD 1925 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 MATTHEW BRIGGS/ALISSA BRIGGS THOMAS M KONAT 1411 SCHOOL HOUSE RD 22275 BRACKETTS RD SANTA BARBARA CA 93108 EXCELSIOR MN 55331 38 18-117-23 14 0005 38 18-117-23 14 0015 NICOLE HARTUNG J A WILGERS&T A WILGERS 1981 EAGERNESS POINT RD 1905 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 NICOLE HARTUNG JOHN A WILGERS 1981 FAGERNESS POINT RD TRUDY A WILGERS WAYZATA MN 55391 1905 CONCORDIA ST WAYZATA MN 55391 38 18-117-23 14 0006 38 18-117-23 14 0016 JOHN PURDY/SUSAN PURDY TRSTS W F&K A PETERS 1975 EAGERNESS POINT RD 1950 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 JOHN K PURDY WILLIAM F&KARAN A PETERS SUSAN L PURDY 1950 CONCORDIA ST 1975 FAGERNESS POINT RD WAYZATA MN 55391 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. 1,111 Hennepin County Locate & Notify Map ''1 Da665 te. 9/116651817/2019_1 1 1695 • 190' , rn 3997 19 1925(fay / 192O1 19; , 1S35t��t 1929 s # 4U tt* 1�'l 1845 �t \:7 • On F r ak. r81 1951,ill 194 1950 IIE 1955{,al .4 1S .b 1 975 AJr -t a- , ✓ ` i .�s r. 01 z° y�i .�a ~1973 , i ,.a ; gPrvr :',',..5.17.e:',:.., s 1971't '. 1 s 3 �. _4,-V4.4?-,,,x,,,,',... : ?F � 3 ' S r ,a� 4 " `'xa r� 1961 f x,+ `r -a ( ! +^ 1985 r'��`f . f r1 al 1967 ; i'''' '''''" '''''4''''' ''' '''' ''' '-'''' '—'-' '. ''''''''''r t r�� 1 likibib... :,'',i;:i.:;',:.1->;;;I:',.,*::: ::::::'' ::r'-: ; .,,,.,f.,. ; • .> 1y91 .. �, _ rte I P• rtt I I Buffer Size: 500 0 5101100 200 Feet Map Comments: I I l l l j I 1973 Fagerness Point Rd This data (i) s furnshed 'AS IS' with norepresentationasto completeness or accuracy, (i)is fur" ishedwith no warranty otany knd, and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shat not beliableforanydamage,injury or loss resulting from this data. For more nformation,contactHennepinCountyGISOffce 300 6th Street So uth,M nn ea polis,M N 55487/g is.i nfo@hennepi n.us Date Application Received: 09.18.2019 ��O�O Date Application Considered as Complete:10.02.2019 60-Day Review Period Expires: 12.02.2019 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator �' 'kESHO4- From: Laura Oakden, Planner Date: October 21, 2019 Subject: LA19-000083,Jim Cleary Everlast Enterprises Inc., 315 Crestview Ave,Variances, Public Hearing Application Summary:The applicant is requesting lot area, lot width, front, and rear setback variances Staff Recommendation: Planning Department Staff recommends approval Background The applicant is proposing to demolish the existing home and build a new single family home on 315 Crestview Ave. The applicant is proposing to place the new home at a similar front setback as neighboring properties.The home will be centered on the lot. The lot abuts a vacant lot to the north.The applicant is proposing a 2 story home with a full basement. There is an existing 2 car detached garage on the property that the applicant is proposing to keep. The property is nonconforming to size at 0.34 acres in the LR-1A, 2 Acre district. LOT ANALYSIS WORKSHEET Section 78-305 -Setbacks: DISTRICT LR-1A Required Proposed Front 50' 30.2 Rear 50' 46.3 Side (North) 12' 32.1 Side (South) 12' 32.1 Section78-305-Lot Area/Width: DISTRICT LR-1A Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 15, 048 s.f. (0.34 acre) 120' Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 15, 048 s.f. (0.34 acre) Allowed: 3,009.6 sq.ft (20%) Proposed 2,636 s.f. (17.5%) Section 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Tier Zone Hardcover Hardcover Hardcover LA18-000061 July 16,2018 Page 2 of 4 Tier 3 15, 048 s.f 5,266 s.f. 4,015 s.f. 4,861 s.f. (35%) (26.7 %) (32.3%) Applicable Regulations: Front and Rear Setback(78-305) The applicant is proposing to construct a new home and are requesting a 46.3 foot rear yard setback for the deck where 50 feet is required in the LR-1A Zoning District. The front yard has a 50 foot setback and the applicant is proposing 30.2 feet. Many of the homes in the neighborhood sit roughly 25 foot front yard. This property abuts a vacant lot to the north and the home to the south sits 33.8 feet. A 50 foot setback is required in the LR-1A district. The front yard setback exception 78-305 b.(3) which allows for the front yard setback to be averaged using the two abutting neighbors, cannot be applied due to the neighboring lot being vacant. Lot Area and Width (78-72) Lot Area and Width Variance (Section 78-305) 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. Not 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 35 percent of the entire lot area. 4. All other zoning district standards can be met. Not Met. The applicant's need for a setback variance result in the property's inability to conform to#1 and #4 above. Therefore, a lot width and area variance is also required in order to develop the property. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. LA18-000061 July 16,2018 Page 3 of 4 According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance.The lot width and lot area variances are consistent with the general intent of the Ordinance.The variances for a front and rear yard setbacks request are reasonable considering buildable area of the property. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a new single family residence in a residential zone 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 applicant is proposing use of the property in a reasonable manner with the construction of a single family home. There is limited space to construct a conforming structure on the site. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered from replacement of the residence Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a single family home is an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The size of the lot with in the LR-1A zoning district is unique for the requested lot width, lot area and setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The Commission should discuss whether the front and rear yard setback is necessary to support property rights. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application has stated the shallow LA18-000061 July 16,2018 Page 4 of 4 lot has setback challenges for construction of a single family home. The property is unique in size for this zoning district. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds is inherent practical difficulties with the small lot on the LR-1A, 2 acre zone. The applicant has made an effort to meet the district standards for a new home and is requesting the front and rear yard setback, lot area and lot width variances. The Commission should discuss whether the front and rear yard setbacks encourages development out of character with the neighborhood. Engineer Comments A full review will be done at the time of building permit application. 1. The applicant will need to ensure that none of the hardcover runoff is directed toward the neighboring lots. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the variance(s), if granted, will alter the essential character of the neighborhood? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the requested variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey and Setback Map Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map Exhibit G. Ariel Images Land Use Application Summary Application Date: 09/18/2019 Address: 315 CRESTVIEW AVE LONG LAKE, MN 55356 Parcel Number: 0511723140030 Land Use Number: LA19-000083 Application Submitted By: Agent on behalf of property owner Owner: Name: KAE PARTNERS LLC Address: 1400 MAPLEWOOD DR LONG LAKE, MN 55356 Applicant: Name: Jim Cleary Company: Everlast Enterprises, Inc Address: 4109 North Shore Drive Orono, MN 55364 jim@everlastdesignbuild.com Contact Information: Associated Contact: Jim Cleary jim@everlastdesignbuild.com Associated Contact: KAE PARTNERS LLC Associated Contact: REGINA ENGEBRITSON gina@everlastdesignbuild.com Associated Contact: Louise Burton louise@everlastDesignBuild.com Project Description: 315 Crestview New Construction 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: PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000083 1. 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: yes 3. The variance, if granted, will not alter the essential character of the locality. Response: yes 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 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: 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: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: yes 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: yes 10. The granting of the application is necessary for the preservation and enjoyment of a 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: yes Site Plan Prepared for: Everlast Enterprises , g919y g525y g555s 5 y x I '6 y 953 g54'e 9`0p s 1 -5',6 -r- 26 -g55-- ___.._ -._ -956 I ey x9514 I• }, y95 OA* y9`9 4 7y 95°' il 953 '9`'31 q56 �g567 I• y 9522 N I 0923 a 9501 C. $ 589'36'41-E 125.16 ,.957.1 957 4 °' I • e. 4 . i, 7. -- - - i 951. 9565 5659 9'. x 952.7 .,, . . I x 956 9 957..4 (per Doc. .V,:. ;"•59',,.,91 c, N r ence 5399 y r / 9 955 5 g° h 957 3 195,62 y 956. 951.9 p. a 0 a •-.._-- - "- - .fl _ _._. _.._. 954'7 y • Prop. Boulder-- � 37 in. in..g5e2 Irrg55 Egress Well su 1 f g0* y 9539 *0'5 5 -� - .,955 D3I_ 18.62 gy7b,-Prop. Boulder �3 h h 999.**, o y I(951AD y )Egress Well y 9 8 in. 9561 9 y •951.0 9ry ' O1I g57 oL I 959* /6.0 1 y q5�o y q5�6 O �0_,.L"I_ 1 0 r.9� y 950 SD ry •• a I�&"^ If_w House Ilei • P. O -_'?0 in_ -- •'yL5®3� 9 S` ci�\.O ®y 569 �i N - 46.3 -i 41 S) 9 a - I I L 55 TOW 959.0 '9''443' h rN,3 2 4 -6 I3 1y 53.3 g - -I.zo Proposed 2•"'4aIcs \ �° h o ik g521 953. 995} 4'1 9573.x I FB House HI Ii •° o aa ti) N O. p i y 95 I I e I a, + t/I 2 ti {3 _-2�•�-.1-��''j��;�� J1.2 - y 9'� OI • - J6 in. ,-01Z-.5f1- _- I c �"v 95014 in. til 2 • I f- n 8Im* x95e6 u Io ^� 9565` Q1 0 0 61 .g54 5 of 8.1 0 arage ^I eL:6$ 9601' V 123 • , I gS3.6 y gy5,3 '�y 95b l:.y --_ 4 ;53r_, 0 I I G-0- 30.2 -----= 959. 7, 555 I 21.e5 _o IJ.N IJ.eJ -- • 056.7)_ - DLJ �\ 1:11e 6U x 'V1g///�,,� `a 90.2y3I -Steps J 7n. 9yy c , 4x q Garage/j�h 2 657 4$ ,-Proposed 9h \ y L;•'. 954' /FE=/ 5 7 a (955.3)1 y y i o Retaining Woll5 o`y 4^ 959. DsSs _ 24.31//Ll g (956.1),ys.,....s'.:'06,.4 LSZ4) AS� 5 1957.9) r�CJ 34. 52 / n 94' (957.4) 75(957.9) y f ......,/ Proposed Driveway 9 ,o 934.5• 957.2 9575 t y 41 1 (955.1) (956.4)y°3a: 957.2) (957.8) �I o C-tenc o (', 23 -✓ '9549 1-g�- -\age i ,. (957.1) ss�~ °-'� •Oso -90-- y5 y N89 3.3 45'W o' s e 6' J. e. gy6�y 9 125.10 1957 '9543 3 y.D , •'9569 514 5r y9 •I y m 957 •952.6 N 4.958.9 y9'�'4 I 35 I 9 5y I 77, I y g5 59 95,9 y 9'56 01.5 1.5' qy1 e Site Address: 375 Crestview Ave Orono, MN 55356 Boundary Description (supplied by client) Lots 1 and 2, Block 5, BAYSIDE ADDITION TO LAKE ///7/1 MINNETONKA, and the south half of vacated Hill Street which lies between the northerly extensions of the east and west lines of said Lot 1, according to the recorded plot thereof, Hennepin County, 33.8 Minnesota. Subject to any and all easements of record. Pr000sed Hardcover Calculations(sa. ft.) legend FB House/Garage 1,767 • Found Iron Monument ® Existing Well Cantilever 15 x 000.0 Existing Elevation (+, Proposed Elevations: Boulder Egress Wells 43 (' }Tree(deciduous) First Floor= 961.35 Deck Jr Steps 117 (000.0) Proposed Elevation �c.J Garage Floor= 956.7 Porch &Steps 182 Top of Foundation = 959.5 Existing Garage 687 -s-Drainage Tree (coniferous) Basement Floor= 951.8 Driveway 1,614 Front Walk&Ret. Wall Steps 236 Rear Wolk 714 SCALE Note: Retaining Walls __e¢ 20151. 0 l0 20 4o Proposed grades provided by client and must be 4,861 approved by City of Orono prior to excavation. Sanitary and water utility connection locations Lot Area 15,048 must be verified prior to construction. 1 inch = 20 feet Total Hardcover 32.3% Bearings based on assumed datum. Job Number: 8914 SCHOBORG l hereby certify that this certificate of survey was direct prepared by me or under my direct supervision and Book/Page: LL that I am a duly Registered Land Surveyor under the LA D SERVICES laws of the of Minnesota. Survey Date: 8/13/19 / Drawing Name: everlost.dwg INC� __ / c Drawn by. OMS �) Paul B. Schorbor� Revisions: 10-02-19(walks, egresses, hardcover) 763-972-3721 8997 Co. Rd. 13 Date: agoe6Fi - Z, u%j Registration No. 14700 wwwSchoborgLandcom Delano, MN 55328 OOLi! 'oN"11°4576°8 ( u aaop BZFSS NW 'ouolap woopuo76ngogoS•,x.w.w (�/Q2'7l .7/ 3S L! 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O '1 C' 4P4' rn 9 4 m OZ --y l, ,-el °�at r. ,, 8 ..,t .14, . .s: c‘. 1 \\3\c'\\\ z 12. �r •�J ,o ,•94.... '�+ " m g b t m ^ I `1. I 'l "' 1 .h j .ie, of `� - -• ---...• _ -o- - o trort M.01,,6Q0N �ti> aouaj_ a r q * •O •o w C I all -Prapc,eck Setbac, s is _ viYad Setb V-SSite Plan ^^'iPrepared for: Everlast Enterprises li g519x g50* 953.3 5 r� *955' 95J"e x 0 q5,6 4* q5b � J g55_ _9 'iyx T *9515 " .931.4 I• g515 "9`95'1 qg5 00." 9551x 9557 I• *9511 N 111 ix 951 *955 i S89 36'41 E 125.16 "951'1 ,q9" �o{ •'e I 4 1 __ } 951 \ q`56 obd"x 9° •9525 ://:1..../.:i ':' .' 955._ . ,.._._ . x1 (pe 7599079)/ tz, ;Fence 539* 5* 9 g� q95 5 9513 .9 5b. MS*. . - z_ g1 95 y,4* Pr••. Boulder- -111.J2,', £g Wellsu TTt ,-._ ti -.,.,` 5 4a:,. 9: *b ^ Ox 9540 95181 g-- ,-u der 955'3 8 in. 5°7' g5g.b*. x851,0 • . •9- 3 9 I 05,0 * E O I1".Z; 1 px. . 935? 51) ouse '44„ ��" ® 55'9 W 1 3* 1.33 TON9959.0 e`�i. h ° 3 �a 535 9 .. Proped 0. M o 0 51 0- 9 w A N Gi ,p •951.1 1 9 *9 •99,J,J Spa ` Fe ,use Zit Op .� 9 A I �,. ,ii.2 _ *q59. �` Z�. _II f� 36 IR.�O o oi. { 'ti 9599' 4 in. z I * b hI 1 h 1 1* g365 Jc oro°� *'S�,S 3 O�oroQe �I 4 L x511 g5.19 9'h q I x q59! 1 x o • xc 95 ! �_ q55' x D'•.7 r 8 D., J. ;q5a 4,`'S' ..e, 0,,. i -Steps J ° 6 in. • 4 s ing h 1 I / p q59. E/irq.' /CaroQ57 a0, 2 991,(9 3). (958.2)1 : ye Retaining Wal o\ * -...Proposed 4' �qy9� I, 7 ass_ _ esiss_19Sd'3J'l Dust - / // I _ ____ 152'Prop(osed4Orlvewoy g9l5 f957 ) x'4 DJ4Jx 957.2 957°5., DB5/ p I (955.1) i2�S "°it 957.2 957.8 ✓ 0 5513 x p5v.9 •-_^�-. �\s 1.4 1-•••- a(957.81) es, �i1 Aria } eo.s. ��•�, 3' N8933'45"W i ..,0* 5a� 9 125.10 I q5" O x 99'53 *,gI .9669 .961-* Se 5 y b g51 x951 N .q59-9 • ` "9535 959.9I90.9 *9955 gy13� 9°15* I "Existing House GFE-956.2 Site Address' 315 Crestview Ave Orono, MN 55356 Boundary Descriotion (supplied by client) Lots 1 and 2, Block 5, BAYSIDE ADDITION TO LAKE MINNETONKA, and the south half of vacated Hal Street which lies between the northerly extensions of the east and west lines of said Lot 1, according to the recorded plat thereof, Hennepin County, 33.8 Minnesota. Subject to any and all easements of record. Proposed Hardcover Calculations(sa ft,) Inca FB House/Garage 1,767 • Found Iron Monument ® Existing Well Cantilever 15 o 000.0 Existing Elevation Proposed Elevations; Boulder Egress Wells 43I Tree(deciduous) Rrst floor= 961.35 Deck&Steps 117 (000.0) Proposed Elevation �c.,.� Garage floor= 956.7 Porch &Steps 182 Top of Foundation = 959.5 Existing Garage 687 f-. -Drainage Tree(coniferous) Basement Floor= 951.8 Driveway 1,614 Front Walk&Ret. Wall Steps 236 Rear Walk 114 SCALE yaw Retaining Walls _B8. mo 10 So 40 Proposed grades provided by client and must be 4,861 approved by City of Orono prior to excavation. Sanitary and water utility connection locations Lot Area 15,048 must be verified prior to construction. 1 inch = 20 feet Total Hardcover 32.3X Bearings based on assumed datum. Job Number: 8914 SCHOBORG I hereby pare cerby y that thisdmycertidietect of survey was prepared by me or under direct supervision and Book/Page: LL that I om a duly Registered Land Surveyor under theSurvey,Date: 8/13/f9 LA D SERVICES laws of the 5t of Minnesota. � � Drawn Nome: OMSevedasLdwg INC. Dawn by. Poul 8. Seh org Revisions: 10-02-19(walks, egresses, hardcover) 763-972-3221 8997 Co. Rd. 13 SE Date: O..:rf78EI Z. ZG/g Registration No. 14700 www.SrhoborgLand.com Delano, MN 55328 / 31'-B' /2-0, tl b' / 2I-10' / r— — — — — 1.__: .-1 \ \ F 1 -h C rt // -n-r-:- -1 . (bZ v m m 0 40 ,>.\ J ]). s _ L .: D O (❑j I p m - C7 E. — • I I ar a s 1 ii. t ., 1 I I ; m e o3 1 s� I I 1 m - 1 IAgI 1 1 : 1- -1 - 7r o m L. 1 § 1 1 d g L - 4111), "'a I in < I JI- I a 1 :: A \ I I 0 i b 3 4\`, (3_1 LE g I.: D> LH 1 / 1 71 1 !1 Ir I ' I i 41 1 : 1 �1,, 1 1 1I . 1 1 L 2-36 X 4f CASE gi. 4 '\— -%;,A— —] I to iii 1 1 3 1 a ti F 1 4R 1 L I-3r%42'GSE J L6401Dbi ii /70/ / Ib0 / 1-4 I. 5-4 F4-0' / 3 �_ / / 31-B f 'f / gip c7, 0> Hc 315 Crestviedw Ave.,Orono,MN 3 m �,N1111t IINq�A m A i 612-868-0748 ma 54/[V[RIJ\5f jim@everlastdesignbuild.com r) g _2 1 FNTFRPRISF H 5 / 41'4 / / 2'-6' / 6 O' / 35 8' / 71'-10' /- 66IIo \ \ N 7-14'LY 11M R (R�1'I UWLL TO TO USW 1 1 ] J Pm / 1 1 / L W)(1 ON:ROR L / C DOOR i P 1 _1 a/ a ® 4 g r tp � g I' 4,, ZPO— E-{ 31 y�Ly 1— it (‘--' 4 A 3,_113 6 m ./ P ' .. ii- ; -1 i 7 I \_ wt. x .- i z_ 1 r i $ < ,I $ N 4 I shelves p P Z o s 3IS b b s S0 et 0 PO O s O P / o m �4 3 y 7 � — 1 000 1 -,_ 1 'di ilt 2 Il rz 00 / 4 0' /7-O'/ K O L 16 6 / 10'O' / / 32,8' / 30' / 41-0' / / '1116 "s ,_r -- ,.•, 315 Crestviedw Ave.,Orono,MN > o a lo 3 m -,\ t Or tom- JIM CLEARY •/)) N A L.,_ E\TIERLAS1T jimeverlastdesignbuild.com FNTFRPRISFS / 41'-0 5/64' / / 4.-67 / 1-6 / 30'-I, / \ \ I I I I N ____„, >4 -n DiD o y _ m q D A m D ® m A u � 0 '— A ® 13 110 0 a O Isi: ____)"...D \ i m� / N 0 r9 - r El - P m 111 --s, I 4 40, _ _ L 70 Aii1-11V1 1D 2) z a- gIc II m / 60'x30' II — Q TLB W/6HOUERJ=• u A 3 i 1 3 n I I L / 4,1r 4, -0'/ 37.8' 3.-0' / 41'4 5/64' A , -. -sem = 315 Crestview Ave.,Orono,MN qui I E 3 m :.1.110111 • cn 0.W m ��� I IOW 4� j- JIM CLEARY N A -.1111°I.- 612-868-0748 Po up 2 1 Cda ;I'm . ° 8 r V r Jim(c�everlastdesignbuild.com L L FNTFRPRISFS 410 1 , 1 1 11.E 1 A lin q I 1 \IR ,- g m 1i , 1 41— D i _i 410TSI .'1i OZ ;I�1111 k Oz nun E n l. 1 'min ' m I Hein b TPI •r1 I, / —' III p 1H I J I r Qa J Ith r: - lllii � T ra Moms. Imo.. J 1 I Imo 1• m ' i 1 f �o g i a g"aa9 �9$�1�6 li__4 .i. s g A''©DIIIM�■�® QaLE Aad mON■Rg U® iiiMallid ' < M■■® D —1 riiO z ■rrA /I11, da N \Y �I�A:' .....116 "' 1 4 ;U P]� Z ]� " p O a 4q1 Vq `� n z fi L•�J [C L g ,, 1 P p . L 1 ',I P :. P z mJ ja z;mpRHV =1No m3 '\ / / A' i PREa: 2'' . $9 �oo W ." or s.--8..." C7l'n a 43mm 8-e,8, u� ulfrTl j _ o� fg • 42 N M28 o 2 r%, N I N xis kg. s. 315 Crestview Ave.,Orono,MN cJIM CLEARY0> A -,-,i t IthiM Ls .,r 612-868-0748 4' I _/ 8 8 s EvBuAST jim@everlastdesignbuild.com FNTFRPRISF 5 I � EN 1:: 111111,,, ,„„•„M , 1.1.11,,,.,, r . , 1111 , ; I/ _i_5:-L- .1 ,,, 11 E • 1 A p -f 1 11 A� i i- N iz N N r '= ii'' :Ii\I � Ali A� 18311 9�bB ! ''B 3r• B'�UB' 4i €= O — / y, iii r j .- IIID It IIIII4II1> iri VIII 1 VIII II VIII I11 III II 111111 111111 11111111 M 111111 1111111 1. ■ s ill I 0 1 1 P Pia €Z 1 1 1 1 m _ s T - , .. - -_. !lie y aP , =-'-y 315 Crestview Ave.,Orono,MN > . N a ��� r - JIM CLEARY n_ 612-868-0748 g pjim@everlastdesignbuild.com City of Orono ri:.on�o Hardcover Calculation Worksheet ., y Property Address; 3 I's- - Lr,es o f P� r E,v,c.c.-..- .4%., vY1 r f�'tf3H09'E Prepared by: Q."j�.:-L�0- e v,-4f p,.:i-seS Date: — 1 9' Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Survey Hardcover Item(Describe) Length x Width (Square Feet) (Example) (Garage) _ (24'x 30') (720 S.F.) A tv10 vSt C . i-'-{4' S.F. B ri19e t i 2a_' S.F. c Q V e�rS 5 S.F. D Cov•G.-art v Ip S.F. E (j-k-,,L,� 4-- ra. *- SteDS S.F. F D e: 't` 5.�2PS r S.F.20or' a31q G o 'tom r 1+..2�C.� S.F.G�/'e-ct 4? t A Tf S.F. H 5 4`.e a_ 1 t Sr S.F. 1 Qt'r-tih 1 --/ Will t Z le S.F. J S.F. K S.F. L S.F. M S.F. N S.F. o S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U _-. S.F. U S.F. w S.F. X S.F. y S.F. Z __S.F. (1) Total Existing Hardcover N[$T S.F._ Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. 1' (3) Net Existing Hardcover [Subtract line(2)from line(1)] S.F.j (4) Total Lot Area L ., b___qa S.F. Proposed Hardcover Percentage [(3)_(4)] '-_ 1 __ - (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 City of Orono �oNo Hardcover Calculation Worksheet Property Address: 3 j S C r t 5-f-u T e,� u-e (..)1^0v-w rn n ti� c r�KfSHO�'� Prepared by: f c.^ !a 5 6 v% e�r?b^ s-e( Date: f b --2 _(ct Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (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 separate! for each portion. Key to Hardcover Item(Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A F (-4o G R V-0-le i 7S.F. [<.,e -- / S S.F. C 1'S o ..9 t dt,. e6' L.,,_)( Al 3 S.F. o ]�2 c is 4— Si 2 1 t 7 S.F. Ste ps (gc� S.F. F �Y ,'t-. Ga ira-ie I'o j S.F. Q 0_ [ S.F. '^o•L� L�e� �' fZ��' L).9 Q 11 `7 P � S.F. le . (.� ,_I (, I Alt S.F. J 2 o_Tex i,.`)o. �S lv S.F. K S.F. L _ S.F. M S.F. N S.F. O S.F. P S.F. o S.F. R S.F. S S.F. T S.F. U S.F._ ✓ S.F. W S.F. X S.F. Y S.F. S.F. (1) Total Proposed Hardcover L ( �'(Q ( S.F. Excludable Hardcover(See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] Z[ F (o( S.F. (4) Total Lot Area ►i. Proposed Hardcover Percentage [(3)_(4)] 3.2- 3 % This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 9 of 9 11 Hennepin County Locate & Notify Map Date: 9/5/2019 0 3 15 3 265 'T' l' 3235 en O 3225 21)5 141 3215 Ali 235 is 230 Cel {t91 245 240 245 ' Mb ur 2501 265 925 '470 3 .1 ' 275 as 270 091 Yu 285 2�5 f 011 its 2950th 'Q �.r 280 14 280 285 �l ;I 420 n1 C y 375 fir h 300 no, a I, ... MI 330 artr turj, 3400 m 320 ' 325 w MI V 3300Ili ' 340 :I s38 46, Fr 0 NI 350 KIIIIIL 3424 w, 33101 3280 si 3's 3382 ,_ .a c/a 'IA feel 3348 P 3435 3415 36 1 40A 465 frit) WI del ...111111011 03 "Q!. .24 '......."'.."4"."."114\ 405 az> 40u 22:, ;i 425 ' Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 315 Crestview Avenue This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnished with no warranty of any khd; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal 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,MN 55487/g is.info@hennepi n.us RUN DATE:09/05/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 12 0015 38 05-117-23 13 0044 38 05-117-23 14 0019 STATE OF MINN T E RADKE&M A RADKE BRYAN QUADERER 38 ADDRESS UNASSIGNED 3424 EASTLAKE ST 235 CRESTVIEW AVE ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 DNR REAL ESTATE MGMT THOMAS E&MARGARET A RADKE BRYAN QUADERER ATTN DEBBIE GURTIN 3424 EASTLAKE ST 235 CRESTVIEW AVE 500 LAFAYETTE RD LONG LAKE MN 55356 LONG LAKE MN 55356 ST PAUL MN 55155 38 05-117-23 13 0012 38 05-117-23 13 0046 38 05-117-23 14 0020 BLAIR MILESKI&APRIL NEWTON JEANNE M BRAUN TRUST JOHN D TIES 3420 BAYSIDE RD 38 ADDRESS UNASSIGNED 245 CRESTVIEW AVE ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 BLAIR MILESKI&APRIL NEWTON JEANNE M BRAUN JOHN D TIES 3420 BAYSIDE RD 14342 HARBOUR LANDINGS DR 245 CRESTVIEW AVE LONG LAKE MN 55356 UNIT C LONG LAKE MN 55356 FT MYERS FL 33908 38 05-117-23 13 0028 38 05-117-23 13 0050 38 05-117-23 14 0021 M JAMIESON&N JAMIESON B W HENNING&R L HENNING STEPHANIE REIMAN 295 TONKA AVE 245 TONKA AVE 255 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MICHAEL JAMIESON BRIAN W HENNING STEPHANIE REIMAN NATALIE JAMIESON REBECCA L HENNING 255 CRESTVIEW AVE 295 TONKA AVE 245 TONKA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0029 38 05-117-23 13 0051 38 05-117-23 14 0022 BARBARA J HUBER R A TOFTELAND&M TOFTELAND KAE PARTNERS LLC 38 ADDRESS UNASSIGNED 225 TONKA AVE 265 CRESTVIEW AVE ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 BARBARA J HUBER RYAN A TOFTELAND KAE PARTNERS LLC 3390 BAYSIDE RD MARTHA S TOFTELAND 1400 MAPLEWOOD DR LONG LAKE MN 55356 225 TONKA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0030 38 05-117-23 13 0053 38 05-117-23 14 0023 DANA S BRUMITT T G VAUGHAN&N P VAUGHAN N BYSTROM&C BYSTROM 3400 BAYSIDE RD 205 TONKA AVE 275 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 DANA S BRUMITT TIMOTHY&NATALIE VAUGHAN NOAH BYSTROM 3400 BAYSIDE RD 205 TONKA AVE CHARLENE BYSTROM LONG LAKE MN 55356 ORONO MN 55356 275 CRESTVIEW AVE LONG LAKE MN 55356 38 05-117-23 13 0032 38 05-117-23 13 0054 38 05-117-23 14 0024 AMY J LAWIN T M ZIESMER&M T ZIESMER SANDRA J NICCUM 3405 EASTLAKE ST 3440 BAYSIDE RD 285 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 AMY J LAWIN TODD M&MARIE T ZIESMER SANDRA J NICCUM 3405 EASTLAKE ST 3440 BAYSIDE RD 285 CRESTVIEW AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0035 38 05-117-23 14 0005 38 05-117-23 14 0025 REBECCA LYNN HOLZEM D J NYHAMMER&S G OLSEN SANDRA J NICCUM 3407 EASTLAKE ST 3280 BAYSIDE RD 285 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 REBECCA LYNN HOLZEM DALE J&SUSAN 0 NYHAMMER SANDRA J NICCUM 3407 EASTLAKE ST 3280 BAYSIDE RD 285 CRESTVIEW AVE LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 13 0036 38 05-117-23 14 0008 38 05-117-23 14 0028 C J LAPPEN&KALLYN BIALOWAS J W WOJCIK&K L WOJCIK P O SKOOG&S L SKOOG 3409 EASTLAKE ST 3310 BAYSIDE RD 250 TONKA AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CHRISTOPHER J LAPPEN JOHN W WOJCIK&KIT L WOJCIK PAULO&SHERRY L SKOOG KALLYN BIALOWAS 3310 BAYSIDE RD 50950 S BIG TRAVERSE RD 3409 EASTLAKE ST LAKE LAKE MN 55356 LAKE LINDEN MI 49945 LONG LAKE MN 55356 38 05-117-23 13 0042 38 05-117-23 14 0012 38 05-117-23 14 0029 HUNSLEY FAMILY JT REV TRUST STATE OF MINN C C WEBBER&E M REDMOND 3464 EASTLAKE ST 38 ADDRESS UNASSIGNED 230 TONKA AVE ORONO MN 55356 ORONO MN 00000 ORONO MN 55356 MARK A HUNSLEY DNR REAL ESTATE MGMT CASEY WEBBER NANCY E HUNSLEY ATTN DEBBIE GURTIN ELLEN M REDMOND 3464 E LAKE ST 500 LAFAYETTE RD 230 TONKA AVE LONG LAKE MN 55356 ST PAUL MN 55155 LONG LAKE MN 55356 38 05-117-23 13 0043 38 05-117-23 14 0018 38 05-117-23 14 0030 JEANNE M BRAUN TRUST SCOTT D HOCHSTEDLER KAE PARTNERS LLC 3444 EASTLAKE ST 290 CRESTVIEW AVE 315 CRESTVIEW AVE ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JEANNE M BRAUN SCOTT D HOCHSTEDLER KAE PARTNERS LLC 14342 HARBOUR LANDINGS DR 290 CRESTVIEW AVE 1400 MAPLEWOOD DR UNIT C LONG LAKE MN 55356 LONG LAKE MN 55356 FORT MYERS FL 33908 RUN DATE:09/05/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 05-117-23 14 0031 38 05-117-23 14 0059 WENDY SULLIVAN MICHAEL R GILBERTSON ET AL 325 CRESTVIEW AVE 375 LEAF ST ORONO MN 55356 ORONO MN 55356 WENDY SULLIVAN MICHAEL/GRETCHEN GILBERTSON 325 CRESTVIEW AVE 375 LEAF ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0033 38 05-117-23 14 0060 BARBARA J HUBER NANCY ANN PILHOFER 38 ADDRESS UNASSIGNED 3403 EASTLAKE ST ORONO MN 00000 ORONO MN 55356 BARBARA J HUBER NANCY ANN PILHOFER 3390 BAYSIDE RD 3403 EASTLAKE ST LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0039 38 05-117-23 14 0061 KARL NYGREN PA&K S SKOOG 340 TONKA AVE 280 TONKA AVE ORONO MN 55356 ORONO MN 55356 KARL NYGREN PHILIP&KAREN SKOOG 340 TONKA AVE 280 TONKA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0043 38 05-117-23 14 0062 THOMAS R BETZ SUSAN A M GOHMAN TRUSTEE 300 CRESTVIEW AVE 330 TONKA AVE ORONO MN 55356 ORONO MN 55356 THOMAS R BETZ SUSAN A M GOHMAN 300 CRESTVIEW AVE 330 TONKA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0049 38 05-117-23 14 0063 STATE OF MINN ROBIN WEISS GRIERSON 38 ADDRESS UNASSIGNED 270 CRESTVIEW AVE ORONO MN 00000 ORONO MN 55356 DNR REAL ESTATE MGMT ROBIN WEISS GRIERSON ATTN: DEBBIE GURTIN 270 CRESTVIEW AVE 500 LAFAYETTE RD LONG LAKE MN 55356 ST.PAUL MN 55155 38 05-117-23 14 0052 38 05-117-23 14 0064 BARBARA JOANNE HUBER T DRUK&N ROGNLIE 3390 BAYSIDE RD 3348 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 BARBARA JOANNE HUBER THOMAS DRUK 3390 BAYSIDE RD NICOLETTE ROGNLIE LONG LAKE MN 55356 3348 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 14 0055 38 05-117-23 14 0067 JEFFREY S MELBY SCOTT NAISBITT/NANCY FAHIM 240 CRESTVIEW AVE 3225 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 JEFFREY S MELBY SCOTT NAISBITT 240 CRESTVIEW AVE NANCY FAHIM LONG LAKE MN 55356 3225 GRAHAM HILL RD LONG LAKE MN 55356 38 05-117-23 14 0056 38 05-117-23 14 0068 J F LEHMEYER&T L LEHMEYER COURTNEY R KILL TRUSTEE 320 CRESTVIEW AVE 3235 GRAHAM HILL RD ORONO MN 55356 ORONO MN 55356 JOHN&TRUDY LEHMEYER ROBERT C&COURTNEY R KILL 320 CRESTVIEW AVE 3235 GRAHAM HILL RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 14 0057 38 05-117-23 14 0069 W R STEPHENS III ET AL MICHAEL&MARILYN HUTHWAITE 350 CRESTVIEW AVE 3382 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 WINFIELD R STEPHENS III MICHAEL&MARILYN HUTHWAITE 3770 BAYSIDE RD 3382 BAYSIDE RD LONG LAKE MN 55356 ORONO MN 55356 38 05-117-23 14 0058 38 05-117-23 41 0022 DENNIS LAPPEN/DEANNA LAPPEN J H MERIDETH&M B MERIDETH 3300 BAYSIDE RD 405 OXFORD RD ORONO MN 55356 ORONO MN 55356 DENNIS LAPPEN MARYANN&JOHN MERIDETH 3300 BAYSIDE RD 405 OXFORD RD LONG LAKE MN 55356 LONG LAKE MN 55356 • Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. • • • V• l • , t f I Yd �> a .l.Y `i- tj IL ry f _ 0 r r f > �6,� 't' 'r 3,-"::,-.,„t,Stc." 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' . j ..,';'. 'i',:-' ,r _ ,,,. . ,,i.,,,,.,. „., ,,,,, , ,„ ,, , , '41 . ' ' 4 ti ,'fie 4 . ,, a ! , t ' i ' r ` ti t }Sj I' .4.; iii,t,,, ,. : „,,:, . w.t...,,i.*:1..0! ..-.ii.„, ;70,/,....4'''‘' 1 '':' ( AOC ''r ' .441, ° '` �:. �� , r r L ' t r j arm': k.' t 1 t ' + f •1 4 1 1 !..-tiY -.1!ilefr) r• P1 I r 1 1 • y ,' a I ' i i , f, _'R , 111"'. �.. 1. •'. *r ty"S :z r • , ,,, � a , iR t': ' , 4 : , To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator � L toe4k£S H 00" From: Jeremy Barnhart, Community Development Director Date: October 21, 2019 Subject: #LA19-000078, LakeWest Development, 3245 Wayzata Blvd W, Sketch Plan review Application Summary: The applicant is seeking sketch plan level input on a proposed multi story, 158 unit attached family dwelling structure to be located at 3245 Wayzata Blvd. This project would replace previously approved Eisinger Meadows. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Planning Commission's discussion with the applicants outlining potential issues for discussion to be addressed prior to submission of a formal Preliminary Plat application. Planning Department Staff requests feedback on the following issues: Density, including the balance of the property Building Design Private Recreation area improvement Screening/landscaping Covered Parking Background In July 2016, the City Council approved the preliminary plat for Eisinger Meadows, a 27 unit residential subdivision(case no. 16-3822). The homes were arranged in a detached townhome style along a single private street. The Final Plan has not been filed,two extensions have been approved. The preliminary plat is still valid after being extended. In 2018, sketch plan support was offered for the development of an apartment building (case no. LA18-79)on the vacant land south of Eisinger Meadows, land previously used as a landfill. In the development of the corresponding preliminary plat application, the applicant's refined cost estimates exceeded previous expectations,and is currently exploring other options for development of the area. The primary purpose for this sketch plan review is to understand the Planning Commission and City Council's appetite for adjusting the land use from urban medium residential to High density residential. Sketch Plan Review Parameters The goal of this review is to provide the applicant with an overview of the pertinent City ordinances and how they affect the proposed plat,and to discuss the strengths and weaknesses of the proposal. The"Summary of Issues for Consideration" reveals a number of issues with the proposed plat and should provide direction to the applicants regarding the proposal. Planning Commission should review each topic and identify any issues to which the applicant should pay special attention. As a sketch plan review, any comments or suggestions to the applicants are non-binding but will be extremely helpful as the project moves forward. FILE#LA19-000078 October 21,2019 Page 2 of 4 The proposal The project includes a 3 story multi-family residential building with 158 units. The plan indicates 145 underground parking stalls and 192 surface parking stalls, for a total of 337 stalls. The building's underground parking area will be accessed via two entrances, one on the west side and one on the south side of the building. Access to the site will be via development of a new road within proposed right of way. This road is proposed to be public, and includes a cul de sac. This road will intersect with Wayzata Blvd W in the same location as was originally contemplated. The applicant has proposed elevation drawings of a building which show a three story building with balconies/decks. The building is long and narrow with two shorter ends. The elevations provided (Exhibit C) appear to have been developed for the preliminary plat proposal,staff understands the elevations are offered to get a sense of materials and character. Final plans for the building will need to be developed for the preliminary plat. LOT ANALYSIS The subject property is currently RR-1B, and guided for urban medium density residential (3-10 units per acre. The site plan notes a zoning of RPUD. This official change will occur at the final platting of a project approved by the City Council. The plans are based on an eventual zoning of RPUD, as the other development plans have. The proposal would require an amendment to the Comprehensive Plan, due to the land use density guidance. The regulations related to RPUD development is found in Division 11 of the Orono Zoning Code, and include certain minimum standards in section 78-626. The full division is attached as Exhibit F: Multifamily developments RPUD District Proposed Flexibility Minimum Lot Standards Required? Standard Minimum site area 5 acres 6.6 acres No Sewer Availability Yes Yes No Floor Area Ratio 1.0 0.72 ' No Minimum front building setback 35 feet 35 feet No (to internal streets): Minimum rear or side setback to 50 feet 50 feet 2 No County Rd 112 Minimum side yard setback: 35 Feet Approximately No 60'+ Wetland building setback: 25 feet 35'+ No Building height: Maximum of 30 Undetermined 3 To be verified feet Private Recreational Area 10%(28,749.6 sq 53,386 sq ft of open To be verified ft) area and trails 4 Signage Master Plan Not Developed Landscaping Master Plan Not Developed FILE#LA19-000078 October 21,2019 Page 3 of 4 1. The floor area ratio cannot be verified without floor plans. 2. The setback provided to don't recognize decks or balconies on the north side of the building. 3. The building height cannot be determined within grading plans. The applicant has not requested variance from the 30' defined height. 4. The notation suggests 1 acre of recreation area provided,though the plans suggests 53,000. Analysis Land Use Analysis. The project will require an amendment to the Comprehensive Plan, increasing the prescribed density for the subject 6.6 acres from 3-10 units per acre to 20-25 units per acre. The project as proposed is 23.9 units per acre. The Planning Commission and Council should provide feedback on this request, and what, if any, changes are desired for the balance of the property. The impact to the City's net density calculation can be summarized here: 'redicted Density, Based on Net Density Table 3B-4,2( 60 Lowest 2021-2030 2031-2040 3265 Wayzata Blvd Net Residential Predicted#of Calculated Growth Growth Guided y Difference Difference (Eisinger Meadows) Acres(NRA) units (C x D) Density (deficit) (deficit) No Change 3 19.8 4.161 6 N/A With Amendment Adding 6.6 acres of HDR 20 132 Adjusted Addition (132 units-19.8 units) 112.2 4.68 118 N/A Note that the Metropolitan Council requires sewered areas city wide to be an average of 3.0 units per acre and opportunity for housing to meet the predicted growth. This amendment,adding density increases those projections. Site Plan Analysis. Staff has noted the following areas where the project does not meet approvable standards or could be improved: It should be noted that the site plan includes the project known as Eisinger Flats drawn in white lines. The City expressly offers no comment on this proportion of the project until the developer formally requests such input. This includes the plans for parking adjacent to the Public right of way. Design. The building design,though not 100%refined,presents a rather plain facade. For a project of this scale and at this location, staff envisions some additional building architecture/ design, including facade breaks to reduce the effect of the long, tall elevation planes. The Planning Commission and Council should provide some feedback on the design of the building. Building Height. The building height will need to be verified, as this has historically been an important issue to the City. Staff does note that the developer is not proposing flexibility with this standard. Private Recreation Area. The recreational area,for a project of this scale,should include more than FILE#LA19-000078 October 21,2019 Page 4 of 4 trails. The site plan suggests other amenities are being contemplated, the Planning Commission and Council should provide some direction. Landscaping. The site plan shows minimal landscaping, primarily along the northern edge of the property. The RPUD standards express pretty clear landscaping requirements; landscaping plans should be developed based on these standards. The Planning Commission and City Council should provide comment on their screening goals for the project. Stormwater Management. The site plan shows stormwater improvements on Outlot C. This project will trigger watershed review of the stormwater management plan, which may alter the configuration of lot lines,easements, and the constructed stormwater system. Roads. The County has reviewed the proposed intersection, and offered comments, attached as Exhibit E. These comments are largely consistent with those offered for the original development. The cul de sac does not appear to meet the city standard for paved width, these details will be fleshed out in the formal design phase. Parking. The parking exceeds the requirement of two stalls per unit. However, historically, the Council has approved projects with I covered parking stall per unit, this proposal does not meet this standard. Signage. No development signage is proposed. Recent developments of this scale have desired some monument signage. Public Comments To date,no public comments have been received. Issues for Consideration 1. Does the Planning Commission support the increase of density for the subject area? 2. Does the Planning Commission have direction regarding the building design, private recreation improvement, covered parking requirment, and screening? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff requests feedback on the issues identified above. List of Exhibits Exhibit A. Application Exhibit B. Site Plan Exhibit C. Elevations Exhibit D. Narrative Exhibit E. Comments from Hennepin County Exhibit F. RPUD Regulations Land Use Application Summary Application Date: 09/03/2019 Address: 3245 WAYZATA BLVD W LONG LAKE, MN 55356 Parcel Number: 3211823140002 Land Use Number: LA19-000078 Application Submitted Property Owner By: Owner: Name: LAKEWEST LLC Address: 14525 HIGHWAY 7 #265 MINNEONKA, MN 55345 Applicant: Name: Steven Eggert Company: Lake West Development Address: 14525 Highway 7, Suite 265 Minnetonka, MN 55345 SteveEggert@lwestdev.com Contact Information: Associated Contact: Steven Eggert SteveEggert@lwestdev.com Associated Contact: LAKEWEST LLC Associated Contact: Associated Contact: Project Description: Concept Sketch Plan Review 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 I I Applicant Signature: 6/ 1P/'i CONCEPT 1 W- LV k1+iail In iia aiik!aii fill'ZaretiUU3iA!Akilt iittaU"F.t41!�aP»kx'Y r o "+ SKETCH PLAN - �. ,� _ p.bp6rM — r» 56s.+` { y "— an s pi g 15 eats ng - ' C ' I « a�* $�: - I - ire 1,Res area i� _ h PHASE I CONCEPT DATA r s� +T t I a6,oaF,n yy Le looms Zoning owk'uswawa: RPUD 'IPIIIIII _ _ y � as r y ouriorc ,�c <z 0 - PROPOSED BUILDING Gross Site Aro: 361st • ,, Ik. s `�,, ' WlYsata Blvd POW: 1.6 as '+ j J I- : a I+es u,der9rnand se.0:r . • .. r 4 '": — n a I pude A OAF AastiSk OA ac t ,,,e "•m ,,, o - LL11� AMKG 21.9 as 4,41,-4,L i .,y + 1 i I I I 11v Net DewlobahleAmy 6.6.c { f2A • *'1,� -. .•, ' ! .: _ - ,_. Ea13tlDr Wetla d /ro eemamr. 1.D ec ak. ._ e ., /_ ._ e ,�' ' - BfufitlOnaIArxRea.(10X): 0.6K ^,. . 7 � i I ( 1 1 I I _. • a R.maMogalAre.Ivrer;eaer. 1A ,. '- T 4,44,„,,. ,: ,1:.,-.,,,,, t,C�i. Proposed Mbdtl-FamiM 156 units * s „ 4.1'..',1„7.;;;11. - .1_ I �¢ RPM kra,eleds 6 e dy ,, ,fi ..... _ --— —__ -.At.... ` F t .+. • rF,�unowdhreandamaxvw: anrrue� ."t 'ev+7 a' • pro e<e ,. ••insurss Boundary. ■eMy6eeads: 30'R1191ar SW 1 - T_:.„ "` o Boundary ,•� �LJetlend Ou M,•, 35'fnWsheets/ ..x --, iProposeA, awry,lyr: 30'mf •. IMey5ee6ad: ]alramnb k•t*e4 p i adoyameemaeere: 3@stall R:I Mrb7 ,I. , 5. .-. ,5 2 Poising Reared: uSUMnpouM yy ,.Pt:t .sem j ourioic 192 surface kV)... } A !. �r� Taal PoAMPr9vNM: 33nmu, �`' '-> -1 _ a"P� k r +" .�,p PhaaelNKDensity 2394un/a9 - ��¢1--� _ G__\\ _�� ,rqr e�a�iAylyx,•.,.v 'Tt 1axtp�R'I^•LLUSTRAiNE PURPOSES ON 1' RE UB!EQ OCHANGE.. ISO units/66« iE '.. 1 [ Concept AmitnitvIdeas Owed Crass Density: 5.1a un/ac ` d r. 15aunes/305 ac i. ' —� -----'l� 1' rr , k - } PHASE II CONCEPT DATA , \. - - ,,_ -- - , ` s II- i R '' \ RF DEVELOiMENT I� x - s, �' FUi`U RemWingSite Aro tOurlmo: 21.9a( 1' i t -� a �1� • — ��:s.., /� A °�, E1dFtllkaWetlands Ito remain,: 123 I� ,.::::',A `.` - � P `tr Net Dewlooeble Area: calc e/d ''�:•`• -f. _ 'tea?' 9 i*_ �l g1gl°wb" -- Raoeatbnal Am Rea.(10%): 0.960( 1".+� sae I _ -11 . I A y� J proaased Multi-Family: 191 wits E ' 1 . 'I ARM' pawcomdnrrs Ia - I I'� Y.. g,rrr(((j4 6.ti.n4wp/n.RAr«e nu.t owesorPe.l/Mµt.wlaarAuanW, FARM..MOR M demo(60uMn/.): ID9FAR V*ry, Il` { •! �-% r, FAR Provided: a)3FAR ,,/� T w err eee"` RwaNsxtmrts: sarway omervu) a '` 1, '' ''2k�a++P -.. ,S, -. 3srshecn, qq ZI ."'4 eWMYg woodielght: 30 ' 1 - ` -\\ ' l'" 3cf I I E . Parkw95nfrx+: X/raRathimM,r,n, al PoAleg RequFemenf[: 3eletda bl'1 MID) ■qe Pwelrg RwxkJ: iax uneeyrpne e:i n , , 1,:all IiIW a 6 L! Taal Parking RwlAed: Oafs mt'' ✓ 11 , .. ., � i r•� `� r li '., Phase 2 Net Density: 19.90 entlac "w. 6, y - - ,s I97 units/9.6 or `'P'/ '4 a 13 '" �[ AI. L. IIF_ ' } r \ . Mint Ceeealt bed.eePeel Aredtr 1�... Y :� , \-. e, ° , T °1; ter I i 5t t " k• ,,-Ay C \ - jeer,i photography from km Minnesota a ./.1 ' LAKE W rT 8-213019 EISINGER MEADOWS 4 -..... ., I 1' ", UEYELOPMERT,LIC A %weal Femmes Market Rss*b Lot CenMw.Oan) Inkemre adenal Signo /Wetlarw Signore/Welland Obltlon Duck MATERIAL INDEX 2 10 m ® © 10 a a 11 a ® 2 © 0 © ® t0 1 ROCK FACE BLOCK(COLOR:TBD) 2 MODULAR FACE BRICK(COLOR TBD) 3 CAST STONE SILL(COLOR:TBD) _ _ _ 4 FIBER CEMENT PANEL(PREFINISHED COLOR:TERRACOTTA- []■I■■■f ■ • ■■■ 1�■■ ■ ■ ■!It'll., ■ �1 ■ ■ ■17 ... ■ SMOOTH) .O� 'D.a �1.I. • ' I - i_ ••■ © 5 FIBER CEMENT LAP SIDING 6"(PREFINISHED COLOR LIGHT GREY-SMOOTH) V _11■ •_ • 111■ ml ■ ■ ■11■ 1■ • 11■ • 1■ ■1 6 FIBER CEMENT LAP SIDING 6",3"(PREFINISHED COLOR: CHARCOALGREY-SMOOTH) 7 FIBER CEMENT WINDOW TRIM(PREFINISHED COLOR:WHITE) 1■ ■I ■ i ■11 11■ • ■ 1■ ■1 1■ ■11 • 1■ ■I 8 PREFINISHED ALUMINUM BALCONY W/MTL GUARDRAIL - (PICKET,BLACK)TYP. _.q °u 9il=n_n_n=n=n=_,1_,.-,_.. 9 ALUMINUM STOREFRONT SYSTEM(COLOR:BLACK) n n n—II n lrn—n—Il—n n—nln-u—n-1—,I „ ,� 10 VINYL WINDOWS(COLOR:BLACK) 11 ALUMINUM FRAMED BALCONY SCREEN WITH INFILL PANEL BUILDING W- NORTH ELEVATION BUILDING W-SOUTH ELEVATION 2 12 ASPHALT ROOFSHINGLES(COLOR CHARCOAL) 3/64'=1-0' 3/64'=1-1' 0 0 O O 0 Gin 0 00 O 0 PDPPDD OD 0 • w. - . . s. . 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Collage I architects Concept Review— Narrative EISINGER FLATS 3245 Wayzata Blvd W, Orono, MN 55356 PID: 3211823140002, 3211823140001 August 26, 2019 Overview Lakewest, LLC requests Concept Review approvals in order to develop the property at the west side of Wayzata Blvd W,just north of the Highway 12 bypass in Orono, MN. This proposed concept plan is part of the overall parcel which received Preliminary Plat Approval by Resolution 6655 on July 25, 2016. Curt Fretham, Manager Lakewest, LLC Office: 952-930-3000 Lakewest,LLC 114525 Highway 7,Suite 265,Minnetonka,MN 55345 I Phone 952-93o-300o Concept Review— Narrative — EISINGER FLATS A. Contact Information Owner of Record Lakewest, LLC 14525 Highway 7, Suite 265 Minnetonka, MN 55345 Applicant Curt Fretham, Manager Lakewest, LLC, 14525 Highway 7, Suite 265 Minnetonka, MN 55345, Phone 952-930-3000 B. Site Data Address 3245 Wayzata Blvd W Orono, MN 55356 Zoning RPUD Parcel Size 30.5+/-acres Wayzata Blvd ROW = 1.6+/-acres Outlot A =0.4+/-acres Outlot B =6.6+/-acres Outlot C =21.9+/-acres See Concept Plan for Area Calculations PID 3211823140002, 3211823140001 Description See Preliminary Plat, Eisinger Meadows Hennepin County, Minnesota. Abstract Property. C. Description of the Project - Overall The north phase of Eisinger Meadows received Preliminary Plat approval on July 25, 2016 by Resolution 6655 for 27 single-family units. Our previous proposal for concept review of the south phase(Outlot C)failed to reach an agreement for clean-up funding. We would like to propose a new development to replace the 27 single-family units with an Apartment/Sr. Living building, outdoor/indoor recreational areas,trails, and parking in Outlot B(see Concept Sketch Plan for examples). We intend to utilize the profits of this development to provide clean-up funding for the future development of the south phase. Eisinger Meadows intends to subdivide the northerly portion of the 30.5 acre parcel into approximately 6.6 acres with 158 units on of the parcel (Outlot B)with the balance of the property shown as outlots and Future Development. Page 2 of 4 Concept Review— Narrative — EISINGER FLATS D. Description of Eisinger Flats —Apartment/ Sr. Living Building We are proposing to develop the north phase of the overall project into"Eisinger Flats"which will be an Apartment/Sr. Living Building. The building, as proposed,would be situated on the site to blend into the existing topography of the property while being respectful of the wetland buffers as set forth in the approvals of Eisinger Meadows. The building would be a combination of brick and cement board panels and siding with a shallow roofline, generally as depicted in the concept elevations shown in Exhibit A. These building elevations are one in the same used for our previous proposal of the south parcel,with the concept amenity ideas from the Concept Sketch Plan to be incorporated in the design after initial approval of this review. If the council is accepting,we would like to propose both indoor and outdoor recreational areas as well as a perimeter trail with passive seating areas to enjoy the natural amenities of the site, including the wetlands on the south. The placement of the building will provide a buffer for some recreational areas and potential future development. Care will be taken with final placement and preservation of existing natural screening to provide the City of Orono with an aesthetically pleasing entrance from Wayzata Blvd. Architecturally,we are proposing a lower roofline to minimize the building massing. However,we would also consider a flat roof on the project with opportunity for a conceptual mid-level roof amenity as shown in the Concept Sketch Plan. With the lower roof type proposed, along with the setback and buffering,the proposed structure will allow building height requirements to be met. Due to the topography as well as being environmentally sensitive,we are proposing the three-story structure which will minimize the footprint and maximize the buffer to the wetlands. With this proposal,the total number of units proposed is 158 units with an overall gross density is 5.18 units per acre in the first phase. The net density(net of wetlands and outlots) at approximately 23.94 units per acre. Per the conclusions in the above-mentioned resolution for the Eisinger Meadows project,the property was originally guided for Low Density Residential. As discussed with staff,we would request to re-guide this property for High Density Residential. See below for additional discussion on background and density. E. Excerpts from Resolution 6655 Based on the previous approval and site characteristics,we believe this proposed development will provide the City of Orono with not only a tremendous addition to the City, but meet Metropolitan Council goals by guiding carefully selected parcels at densities to meet the City's required overall development density of at least 3 units per acre. The following are found within the Resolution 6655 which support this north phase proposal: Rationale for density increase: Within the FINDINGS, paragraph A.4—"The rationale for the density increase at this site was primarily the location sandwiched between two high-traffic roadways,the potential availability of municipal utility services; and the remote location from single family residential development". Metropolitan Council Goals: Within FINDINGS, Paragraph A.5—"In part the density increase was established to meet Metropolitan Council goals by guiding carefully-selected parcels at densities that would potentially allow for more affordable housing options. Met Council guidelines require an overall new development density of at least 3 units per acre. In order to Page 3 of 4 Concept Review— Narrative — EISINGER FLATS meet these goals, certain parcels with the Metropolitan Urban Service Area(MUSA)were guided for densities significantly higher than 3 units/acre—to allow those shoreland areas in the MUSA historically zoned and planned for low density,to develop at the 1-acre and 2-acre lot sizes desired by the City." Prosect Meeting RPUD requirements:Within FINDINGS, Paragraph B11, a through g: a) Incorporates flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; b) Provides lifecycle housing with the potential to meet affordable and moderate cost housing needs; c) Incorporates energy conservation through the clustering of buildings and land uses; d) Preserves desirable site characteristics and open space and protects sensitive environmental features, including sensitive wetland areas,while avoiding the portions of the property which are encumbered by a close landfill; e) Provides design compatible with surrounding land uses, including both existing and planned; f) Results in a sensitive development in the transitional area located between low density single family uses to the north and south,considering the location between two arterial highway corridors as well as the agriculturally used property to the east guided for future medium—high density residential use; and g) Yields development which is consistent with the Comprehensive Plan guiding for higher density than the typical urban and rural residential development in Orono. F. Construction Debris Landfill / MPCA Resolutions A portion of the site is part of a historic landfill of generally demolition materials as discussed during the original north phase approval. We are working closely with our consultant,Wenck Associates, Inc. and the MPCA to coordinate efforts on required cleanup for the project. The next step is to finalize a Response Action Plan(RAP)which will detail the procedures to remove any demolition or landfill debris found during site preparation. It is our intent to proceed with this RAP during the preliminary plan stage upon review and comment of the concept review. Page 4 of 4 Jeremy Barnhart From: Jason D Gottfried <Jason.Gottfried@hennepin.us> Sent: Wednesday, October 2, 2019 11:26 AM To: Jeremy Barnhart Cc: Robert H. Byers; Adam Edwards Subject: FW: [External] Proposed development at 3265 Wayzata Blvd West. Attachments: Plat 3501 - Orono - Eisinger Meadows.pdf; Coordination For Cities.pdf Hello Jeremy, As we discussed over the phone, I believe our 2016 comment letter(attached)for this site would still be relevant as to what we would want to see addressed before this or any project would proceed here: • Turn lanes (EB right/WB left)will need to be provided at this singular direct access which will need to be reviewed by our team through the county permits process. • Adequate entering sight distance will need to be demonstrated at the driveway.This will be reviewed by our permits staff. • Right of Way should mostly be adequate, but turn lane design will guide any remaining needs. • Ultimately,there may be desire to connect these future residents to any future development of the Apple Farm site to the east.This current concept would appear to set the stage for that future potential connection to be made if supported by city staff. As you likely are aware our Phase 3 of the Wayzata Blvd reconstruction is currently slotted for 2022 in our construction plan. Prelim design includes off-road trail on the north side of CSAH 112 only east of the High School ball fields access. Our plat review committee would have no further comments at this time. If this current submittal continues forward through the city process, I recommend the applicant contact our permits dept when ready. Among other items,they will coordinate our review of the turn lane design. In the mean time, please feel free to coordinate with me regarding any of our comments or modifications to the site plan. Not sure if you have on file, but I included a most recent general guidance leaflet for our overall review process(es). Thanks as always for your coordination Jeremy! Jason Jason Gottfried Transportation Planner Transportation Planning Office: 612-596-0394 jason.gottfried@hennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340 i From:Jeremy Barnhart<jbarnhart@ci.orono.mn.us> Sent:Tuesday, October 1, 2019 4:00 PM To: Robert H. Byers<Robert.Byers@hennepin.us>;Jason D Gottfried <Jason.Gottfried@hennepin.us> Cc:Adam Edwards<aedwards@ci.orono.mn.us> Subject: [External] Proposed development at 3265 Wayzata Blvd West. Bob and Jason, The City of Orono has received concept plans for a new multi-family building, proposed where Eisinger Meadows was approved in 2016. Do you wish to add any comments?This is planned to go to the Planning Commission on October 21St,so if I could have comments by October 16th, I would appreciate it. Jeremy Barnhart,AICP Community Development Director City of Orono 952-249-4626 ***CAUTION:This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** Disclaimer: If you are not the intended recipient of this message,please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 2 DIVISION 11.- RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT Footnotes: (7)-- Cross reference—Planned unit development,§78-1001 et seq. Sec.78-621.-Purpose. The purpose of the residential planned unit development(RPUD)district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan ("CMP" or"comprehensive plan").The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept.The RPUD district will encourage the following: (1) Flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; (2) Provision of housing to meet lifecycle, and affordable and moderate cost housing needs; (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes, poor soils and trees; (5) High quality of design and design compatible with surrounding land uses, including both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city;and (7) Development which is consistent with the comprehensive plan. (Ord. No.202 2nd series, § 1(1), 2-26-2001) Sec.78-622.-Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived, unless such application is requested by the property owner and approved by the city council. (Ord. No.202 2nd series, § 1(9),2-26-2001) Sec.78-623.- Permitted uses. Within the RPUD district, no structure or land shall be used except for one or more of the following uses: (1) One-family detached dwellings. (2) Publicly owned parks and playgrounds. (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan. (Code 1984, § 10.20(2); Ord. No. 202 2nd series§ 1(2),2-26-2001) State Law reference—State mandated permitted uses, Minn. Stat. §462.357, subd. 7. Sec.78-624.-Conditional uses. Within the RPUD district, no land or structure shall be used for the following uses except by conditional use permit: (1) Public service structures. Public service structures, including but not limited to electric transmission lines, buildings,such as telephone exchange stations, booster or pressure regulating stations,wells, and plumbing stations,elevated tanks, lift stations and electrical power substations, provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district. Prior to granting such permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. Public service structures that have been approved by the city at required public hearings for public improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropriate standards set forth in this section;amendments to approved plans involving design and/or placement of these structures will require written notice by the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wireless services and commercial broadcasting antennas and towers shall not be considered public service structures. Uses allowed by conditional use permit shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit standards of this division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this division. (2) Assisted living facilities.Assisted living facilities as defined in this chapter,subject to the general conditions and multifamily-specific conditions applicable to uses in the RPUD district. (Ord. No. 202 2nd series, § 1(3),2-26-2001;Ord. No. 75 3rd series, § 1,7-12-2010) Sec.78-625.-Accessory uses. Within any RPUD district,the only permitted accessory uses and structures are the following: (1) Private garages and parking space. (2) Private swimming pools,tennis courts,and paddocks. (3) Home occupations, as defined in this chapter.All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of section 26-76,when applicable. (4) Signs, as regulated in this chapter. (5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (6) Gardening and other horticultural uses, including aviaries and decorative landscape features. (7) Communication reception/transmission devices as follows: a. Accessory antennas,which shall be limited to radio and television receiving antennas, satellite dishes,TVROs,and amateur shortwave radio transmitting and receiving antennas.Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts, provided they meet the following conditions: 1. Height.A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards.Accessory antennas shall not be located within the required front yard setback, corner side yard setback or side yard setback abutting a street. 3. Roofs. If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area,the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Location.Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits.A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna, including details of anchoring.The building official must approve the plans before installation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code.Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content.Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts, provided they meet the following conditions: 1. Height.When an amateur shortwave radio antenna is mounted on an antenna tower,the total height of the antenna and tower shall not exceed 65 feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks.Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line. (8) Privately owned buildings to be used for recreational or social purposes, or for use as storage areas for maintenance equipment or rubbish. (9) Other uses that are customarily incidental to, and subordinate to,the allowed permitted and conditional uses in this district. (Code 1984, § 10.20(4); Ord. No. 161 2nd series, §6, 6-7-1997; Ord. No.202 2nd series, § 1 (4), 2-26-2001; Ord. No. 221 2nd series,§3,9-23-2002; Ord. No. 106 3rd series,§ 12, 6-10-2013) Sec. 78-626. -Development standards. Within the RPUD district all development shall be in compliance with the following: (1) Minimum area;shore/and district/imitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres,excluding areas within a designated wetland,floodplain or shoreland district or right-of-way, unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level (OHWL)of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However,for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL,the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan, except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD, the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability.A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area (MUSA)and must be serviced by municipal sewer. (4) Density. Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use,the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use, in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives.The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density(only for properties currently zoned and guided for commercial use)and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios(FARs)shall be limited per the following table: Comprehensive Plan Designation Maximum Floor Area Ratio* Low or medium density residential (up to 50 and 0.5 including 6.0 units per acre) High density residential (in excess of 6.0 units per acre) 1 .0 *FAR=Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures. Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses.Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets, as designated in the comprehensive plan, except that in no case shall the setback be less than the height of the building.The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet, except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site.The setback for parking structures, including decks and ramps,shall be 35 feet from local streets and 50 feet from all other street classifications, except that in no case shall the setback be less than the height of the structure. Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure, whichever is greater,when adjacent to residential properties; 35 feet,when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site.Where industrial uses abut developed or platted single-family lots outside the RPUD site,greater exterior building and parking setbacks may be required in order to provide effective screening.The city council shall make a determination regarding the adequacy of screening proposed by the applicant. Screening may include the use of natural topography or earth berming, existing and proposed plantings and other features, such as roadways and wetlands,which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential,commercial and industrial property outside the RPUD. b. Height limitations. For properties guided for residential use in the comprehensive plan,a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories(not including underground parking level)and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be allowed. c. Outside storage limitations. Building materials, recreational vehicles, boats, RV's,snowmobiles, and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Development standards for single-family detached dwellings in the RPUD district. Each RPUD site developed for single-family detached dwellings at medium density(i.e., densities ranging from one unit per acre to six units per acre)shall be subject to the following standards: a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features, or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. c. Minimum lot width at the setback line:90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback:25 feet on internal streets within the RPUD site. On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arterial streets, as defined in the comprehensive plan. f. Minimum side yard setback:ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection (8)e of this section.Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback: minimum of 40 feet or 20 percent of the depth of the lot,whichever is less. h. Building height: maximum of 30 feet. i. All dwelling units, including manufactured homes,shall have a depth of at least 20 feet for at least 50 percent of their width.All dwelling units, including manufactured homes,shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures, except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right- of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure, regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located, nor exceed 1,000 square feet in area, nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling.A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed. More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted.Any RPUD development which involves a single housing type shall be permitted, provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. (11) Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents. Such area shall be for active or passive recreational uses suited to the needs of the residents of the project, including swimming pools,trails, nature areas, picnic areas,tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership.All property to be included within a RPUD development shall be under unified ownership or control, or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage.Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. (14) Landscaping,screening and buffering. a. Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads,trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location, approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols, quantities, common and botanical names,size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features, including berms,fences and planter boxes; 8. Details of restoration of disturbed areas, including areas to be sodded and seeded; 9. Location and details of irrigation systems; and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas, drives, trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees, shrubs,flowers and groundcover materials.The plan for landscaping shall include ground cover, bushes,shrubbery,trees, sculpture, foundations, decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type Size Quantity Overstory 2.5-inch bb (Caliper) One tree per 1,000 gross square feet of deciduous trees building footprint area or one tree per 40 lineal feet of site perimeter, whichever is greater. Coniferous trees 6-foot height bb Minimum of 30 percent of required overstory trees must be coniferous Understory shrubs 3-gal. potted or 18- One shrub per 300 gross square feet of inch building footprint area or one shrub per 30 lineal feet of site perimeter, whichever is greater. Ornamental 1 .5-inch bb (Caliper) Not required; but two ornamental deciduous trees deciduous trees may be substituted for one required overstory deciduous tree (maximum substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees: The city council shall have sole discretion whether credit shall be granted for existing healthy trees In instances where healthy plant materials of acceptable species exist on a site prior to its development,the application of the standards in subsection (14)b of this section may be adjusted by the city to allow credit for such material, provided that such adjustment is consistent with the intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 21/2 inches. Coniferous trees shall be a minimum of six feet in height. Ornamental trees shall have a minimum caliper of 11/2 inches. 4. All site areas not covered by buildings,sidewalks, parking lots, driveways,trails, patios, or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city.This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas,an underground sprinkler system shall be provided as part of each new development, except one-and two- family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure.A sprinkler system shall be provided for all landscaped areas, except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species.The city shall maintain a list of prohibited species,which shall not be used for landscaping. c. Interior parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved, landscaped islands in number and dimension as required by the city.All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas, including landscape islands,shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees, ornamental or evergreen trees, plus ground cover, mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided, or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of landscaping.The owner,tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan, and which have died, shall be replaced within three months of notification by the city. However,the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Retaining walls. Retaining walls exceeding four feet in height,and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers, must be constructed in accordance with plans prepared by a registered engineer or landscape architect. f. Landscaping performance security required.When screening, landscaping or other similar improvements to property are required by this division,a letter of credit shall be supplied by the owner in an amount equal to at least 11/2 times the value of such screening, landscaping or other improvements.The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal, contracting or other fees in connection with making or completing such improvements.The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping.The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals,the city may,at its option, complete the work required at the expense of the owner and the surety.The city may allow an extended period of time for completion of all landscaping, if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions,which may not exceed nine months, may be granted due to seasonal or weather conditions.When an extension is granted,the city shall require such additional security as it deems appropriate. g. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: i. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. ii. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences,walls,earth berms, hedges,or other landscape materials.All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1.The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffering shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection(14)of this section shall be of a height needed to accomplish the goals of subsection (14)of this section. Screening methods incorporating roofs over storage,trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection (14)of this section shall be measured at the time of installation. (15) Architectural standards. a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods.Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating,ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings.This restriction shall apply to all principal structures and to all accessory buildings.The city may,at its discretion, allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures(the term "substantially renovated"shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexibility.The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them.The city council may therefore approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health,safety or welfare of the residents of the RPUD,the surrounding area or the city as a whole. (17) Traffic studies.The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated,the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts.The plan may include travel demand management strategies, use of transit facilities or other appropriate measures to reduce traffic generation,and necessary improvements to road systems.The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits. No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) General regulations applicability.The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighting standards.All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails.When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense. Where public rights-of-way are available,at the city's discretion the trail may utilize the public right-of- way.Trails shall be of bituminous construction, or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No. 202 2nd series, § 1(5),2-26-2001; Ord. No.94 3rd series, §2,9-24-2012; Ord. No. 189 3rd series,§6,4-10-2017) Sec. 78-627.-Review of application; procedures. (a) Concept plan review. In order to receive guidance in the design of a RPUD prior to submission of a formal application,an applicant may submit a concept plan for review and comment by the planning commission and city council.Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant,the concept plan should contain such specific information as is suggested by the city. Generally,this information should include the following: (1) Approximate building, road and trail locations; (2) Height, bulk and square footage of buildings; (3) Type and square footage of specific land uses; (4) Number of dwelling units; (5) Generalized grading plan showing areas to be cut,filled and preserved; and (6) Staging and timing of the development. The comments of the planning commission and city council shall address the consistency of the concept plan with this section.The comments of the planning commission and city council shall be for guidance only and, if positive,shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master development plan and rezoning.Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment. The master development plan shall contain the following: (1) Building location, height, bulk and square footage; (2) Type and square footage of specific land uses; (3) Number of dwelling units; (4) Detailed street and utility locations and sizes; (5) Parking layout; (6) Drainage plan, including location and size of pipes and water storage areas; (7) Grading plan and drainage plan, including two-foot contours; (8) Generalized landscape plan; (9) Generalized plan for uniform signs and lighting; (10) Plan for timing and phasing of the development; (11) Covenants or other restrictions proposed for the regulation of the development; (12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; (13) Trail plan;and (14) Lighting plan. Approval of the master development plan shall indicate approval of the listed items in subsections(b)(1)—(b) (14)of this section and shall occur in conjunction with rezoning of the property to RPUD.After rezoning the property to RPUD, nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section.The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter. (c) Development agreement/financial guarantee. Following the approval of the master development plan but prior to final plan approval,the applicant shall enter into an agreement with the city relating to the terms of the RPUD development,and shall also provide such financial guarantees as the city requires or deems necessary.Such agreement may take the form of: (1) A development contract; (2) A site improvement performance agreement;and/or (3) Another form of binding instrument as may be required by the city. (d) Final site and building plan.Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division.The final site and building plan shall contain information as required by the city, including the following: (1) Detailed utility,street,grading and drainage plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping, sign and lighting plans;and (4) Detailed trail plan. (e) Substantial compliance.The final site and building plan shall be in substantial compliance with the approved master development plan. Substantial compliance shall mean: (1) Buildings, parking areas, roads and trails are in substantially the same location as previously approved; (2) The number of residential living units has not increased or decreased from that approved in the master development plan; (3) The gross floor area of any individual building has not been increased from that approved in the master development plan; (4) There has been no increase in the number of stories in any building; (5) Open space has not been decreased or altered to change its original design or intended use; and (6) All special conditions required on the master development plan by the city have been incorporated into the final site and building plan. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit, subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. (f) Simultaneous review.Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. (g) Basis for approval;conditions. In evaluating a site and building plan,the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: (1) Compatibility of the proposed plan with this section and consistency with the goals, policies, and objectives of the comprehensive plan and surface water management plan; (2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; (3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development,giving special attention to: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants,visitors and the general community. b. The amount and location of open space and landscaping. c. Materials,textures, colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses; and vehicular and pedestrian circulation, including walkways, interior drives and parking in terms of location and number access points to the public streets,width of interior drives and access points, general interior circulation,separation of pedestrian and vehicular traffic and arrangement and amount of parking. (4) Promotion of energy conservation through design, location, orientation and elevation of structures,the use and location of glass in structures and the use of landscape materials and site grading; (5) Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage, sound and sight buffers, preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses; and (6) Such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Ord. No.202 2nd series, § 1(6),2-26-2001) Sec.78-628.-Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or, if within that period no extension of time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of a rezoning,the approved master development plan shall remain the legal control governing development of the property included within the RPUD. (b) If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or, if building construction in a phase of a RPUD approved to be built in phases has not started within this period, or, if within that period no extension of the time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning,the approved master development plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD. (Ord. No.202 2nd series,§ 1(7), 2-26-2001) Sec.78-629.-Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission.The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD.A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any individual building; (4) Increases the number of stories of any building; (5) Decreases the amount of open space or alters it in such a way as to change its original design or intended use; or (6) Creates noncompliance with any special condition attached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the council. (Ord. No.202 2nd series, § 1(8),2-26-2001) Secs.78-630-78-640.-Reserved. To: Chair Ressler and Planning Commission Members *4.Dustin Rief, City Administrator From: Jeremy Barnhart, Community Development Director kEsii&- Date: October 21,2019 Subject: #19-78, Julie Thometz o/b/o 1350 Baldur LLC, Baldur Park Road, Sketch Plan Application Summary: This is a sketch plan for a proposed plat that would combine 7 lots into two buildable lots and plat additional Right of Way. Staff Recommendation: Staff recommends the Commission Table final comment pending receipt of a plan with additional information. Background The subject parcel was part of a sketch plan (Case No. LA18-68) in 2018. At that time, one lot was proposed to be platted. The applicant has adjusted their plans, adding an extension of right of way and a second platted lot, for the possible construction of two additional lots on the point at Baldur Park. The Planning Commission(August 20,2018)and City Council(October 8,2018)reviewed the application. The minutes from these meetings are attached as Exhibits H and I, respectively. The proposal A single property owner owns the 14 platted parcels at the end of Baldur Park. These parcels include the subject parcels, the existing home at the end of the point, and an accessory building/garage. The plan shows the combination of the southern 7 lots to be subdivided into 2 buildable lots. Additional right of way for an extension of Baldur Park Road is proposed, including a cul de sac. No building or grading plans have been provided. Sketch Plan Review Parameters The goal of this review is to provide the applicant with an overview of the pertinent City ordinances and how they affect the proposed plat, and to discuss the strengths and weaknesses of the proposal. The"Summary of Issues for Consideration"reveals a number of issues with the proposed plat and should provide direction to the applicants regarding the proposal. Planning Commission should review each topic and identify any issues to which the applicant should pay special attention. As a sketch plan review, any comments or suggestions to the applicants are non-binding but will be extremely helpful as the project moves forward. FILE#LA19-000084 October 21,2019 Page 2 of 4 Analysis The main change from previous version is the introduction of an extension to Baldur Park Road and a cul de sac. Baldur Park Road is currently a public road, and the applicant has indicated that the proposed extension will be also. There is no room to construct a cul de sac at the current northern end of Baldur Park Road. The property is currently zoned LR-1 C and guided for Urban Low Density Residential. The application does not propose a change to either document, and pending further refined plans, is anticipated to conform. Floodplain. Perhaps the largest issue to be resolved is the floodplain impact. The site is bounded on two sides by Lake Minnetonka and is generally flat. Portions of the property appear to be below the floodplain boundary elevation of 931.5. The MCWD had provided comments based on preliminary review of the 2018 plan,these comments remain relevant. Their comments are attached as Exhibit D. The sketch plan, includes some preliminary floodplain mitigation strategies that have not been reviewed. These strategies include excavating between the proposed houses. It is not clear if the excavated area is included as part of the lot area calculation. As mitigation to floodplain impacts may have a dramatic effect on the plan, including lot lines, staff recommends these impacts be noted and understood prior to this item being placed on the City Council agenda. Road/Cul de sac length. Baldur Park Road is currently approximately 990 feet from its' intersection with Birch Lane. The maximum length permitted by code is 1000 feet. Baldur Park Road currently ends without a turn-around or cul de sac. The proposed extension of Baldur Park will lengthen the road about 400 feet to approximately 1390 feet. Staff supports this deviation as a cul de sac benefits the public and there are no other options to reduce the length of the cul de sac. The right of way width is not indicated, but per city code must be 50 feet wide. Per Code, the paved surface must be 24 feet wide, but staff supports a deviation to the current paved width of Baldur Park, approximately 18 feet wide. The Council seemed to support this flexibility. It appears that the road is proposed above the base flood elevation of 931.5, though further detail will be necessary. Lot area. Each lot created must be 0.5 acres and 100 feet of width. Since these are lake lots, the width is measured at the lake and 75 feet back. Chapter 82 of the City Code, in defining lot area, excludes public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water, wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. Based on the plans submitted, it is not possible to definitively determine if the lots meet the code requirements. If the Planning Commission supports the general development, FILE#LA19-000084 October 21,2019 Page 3 of 4 it is recommended that refined plans, including grading plans be provided prior to making a formal recommendation. Site Grading. At this sketch plan stage no grading plans have been submitted. However, to accommodate a home in the flood plain, grading will likely be necessary. An Interim Use Permit will be required to permit that activity. Stormwater and Drainage Improvements & Fees. Stormwater plans have not been developed at this stage. Stormwater will need to be managed as required by the Watershed District. The project will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee). Final calculation of the fee would be based on the final lot count. If for example the development results in 2 lot at 0.5 acres, the SW&DT Fee would be $6,050 per new lot as outlined in the 2019 Orono Fee Schedule. Utility Locations/Availability/Assessments/Connection Fees. It is not stated, but it is assumed that the property will connect to sanitary sewer services. A SAC connection fee will be required at the time of connection. Extension of the sewer will be the responsibility of the developer. Municipal Water does not serve the property. A well will need to be developed for each lot. It is assumed that all other utilities will be underground and located within easements. This will be verified with the review of the utility plan. Wetlands. It appears that a portion of the western shore is impacted by wetlands. The MCWD will likely require a buffer of some width, which may impact access and building sites. Wetland buffers may be included in lot area calculations, but not the wetlands themselves. Tree and/or Woodland Impacts. The site plan indicates several large cottonwood trees on the property, many of which will be removed to accommodate construction. Conservation Design. Conservation design is not required because this is a proposed plat, not a proposed subdivision. Summary of Issues for Consideration Staff suggests that the primary focus for consideration and discussion by the Planning Commission should include the following topics: 1. Does the Planning Commission support the lot layout as presented 2. Has the Commission identified issues in addition to those identified by staff? Staff Recommendation FILE#LA19-000084 October 21,2019 Page 4 of 4 Pending further details, staff supports the general layout of the lots and road right of way. Staff recommends the Planning Commission table action pending development of a plan with the following information: Plan showing general grades for all road improvements and house pads. Plan showing stormwater management as advised by the Watershed district Plan showing management of floodplain alternations as advised by the Watershed District and DNR. Public Comments As part of the project last year,public comments were received and attached as Exhibit G. List of Exhibits Exhibit A. Application Summary Exhibit B. Applicants' Submitted Sketch Plan Exhibit C. Location Map Exhibit D. Staff Comment Letter Exhibit E. MCWD Comment Letter* Exhibit F. MCWD Wetland NOD Exhibit G. Public Comments* Exhibit H. PC minutes dated August 20,2018 Exhibit I. CC Minutes dated October 8, 2018 *Exhibits E,F,and G were offered as part of the sketch plan in 2018 and are provided here as they remain relevant to the current application. Land Use Application Summary Application Date: 09/18/2019 Address: 38 ADDRESS UNASSIGNED , MN 00000 Parcel Number: 0811723310010 Land Use Number: LA19-000084 Application Submitted By: Property Owner Owner: Name: 1350 BALDUR LLC Address: 4400 WEST ARM RD E SPRING PARK, MN 55384 Applicant: Name: Julie Thometz Company: Address: 1340 Baldur Park Rd WAYZATA, MN 55391 jthometz@comcast.net Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Sketch plan 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" \ ,,�\ N , � SKETCH PLAN FOR ;� \ 1360 & 1370 BALDUR LLC �� ..tea`: °a \ 938• \\\�,N \ \,',9 OF LOTS 21-27, BLOCK 1, BALDUR PARK =\ `' `9� HENNEPIN COUNTY, MINNESOTA n \,� /_ 932_\\ \ \':.1 \\\ _4D' \ ti..,, \, UTLOT A LAKE • R=41' \ \a ,, \\ 2953'_SQ.FT. ` \\ % \ P' 9 r3 ''' MINNETONKA LOT/ 1 /) ,�'��\ 16954.;Sa.FT.• POSSIBLE HOUSEn \\ ', \ 39j wi — �� \\ NORTH ARM FLOODPLAIN FILL - \ • iiii 0 \\ x\9294 LAKE POSSIB \\\ "? I lE HOUSE\ 932_ `\`\�\\\\ �\ y� I \ ) 9J 1.5�.� \k. % N )'''A„...::.1.,- .... MINNETONKA \\� �+ 932. \1,\:,.. 0, ,i I '\ /V NORTH ARM 'B 4• , / \ / / LEGAL DESCRIPTION OF PREMISES : \\ �� y Lots 22-27, and part of Lot 21, Block 1, BALDUR PARK • \\ 'j 7/ `:i�': • i / . \\ / / NOTE: existing contours, shoreline, driveway cabin and 11 / floodplain (931.5 contour) are show per survey by others. II \ II l' I Any fill in floodplain to be mitigated by creating 'Al :a / floodplain on a 1:1 basis. 11,v Or / 1 DATE . SKETCH DES APTpN G R O N B E R G 8c ASSOCIATES, INC hereby certify that this plan,�pecificatlon,or report sc O PREMED TO 2Tr°� pre orad by may,or under y direct supervision, 1„a t the laws of the Stal a Lof Minnesota. Surveyor under CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS DATE 10-1-18 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 952-473-4141 �ylt.-f ,/... .1013 ND. 18-328 Mark S.Cronberg Minnesoto License Number 12755 18-328 Hennepin Hennepin County Property Map Date: 8/15/2018 Y+'�v - •♦ .: .,« A .✓ "4 # li.':— ,,-7,7 tV i' �1.N Ir 1. r a�t ' 7 o 1 inch =200 feet No results Comments: LA18-000068 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 resu lting from this data. COPYRIGHT©HENNEPIN COUNTY 2018 v..cN� CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 . 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 q �' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us kES H OCA September 30,2019 Julie Thometz 1340 Baldur Park Road VIA EMAIL Wayzata,MN 55391 ithometz(a comcast.net Re: Subdivision on Baldur Park File#LA19-000084 The City has received your proposal to subdivide your property at Baldur Park Rd. The submittal indicates a proposal to combine multiple lots into three buildable lots,with a subdivision to create right of way(ROW) for an extension of Baldur Park Road, resulting in a plat. This process is governed by the City's subdivision process. Based on the plan provided,the city offers the following comments: The sketch plan process is an initial presentation of a subdividers plan and serves as a basis for conceptual discussion between the city and the subdivider. You have been advised that your confidence in the Planning Commission and Council's response is proportionate to the level of detail offered in the submittal. The platting of several lots at the northern end of Baldur Park,with an extension of Baldur Park Road does not pose a significant policy question. The issues for discussion are primarily based on the details of the plan: Lot width and size, ROW width and size, storm water management, floodplain impacts and solutions, etc. It is strongly recommended that you retain the services of a surveyor or civil engineer to prepare responses to the items below, prior to presentation to the Planning Commission and City Council. Multiple reviews of a sketch plan by the Planning Commission and City Council are not available. At minimum, please provide a paper copy of the plan, I have received a photograph of the plan. Lot Area/ Width. As submitted, the plan is not to scale, so it is impossible to confidently determine that the lots meet the requirements for size and width. That said,the minimum standards for lots in this LR-1C zone are: Lot Area: .5 acres (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water, wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. Confirmation of the lot area is requested. Lot Width: Width of the lot is measured at the OHWL and at the 75' setback, and must be 100 feet. The lots appear to meet the standard,but should be confirmed. Street design. The plan shows a cul-de-sac and a road, as advised. It is assumed that the road and cul de sac is public. A waiver will be required to be approved by the City Council to reduce the width of the road ROW and paved surface. Staff can support the reduction of the pavement width to correspond to the existing Baldur Park Road. Staff will not support parking on this new section of Baldur Park. Stormwater management may require barrier curbing in places. Flood Elevation/ Wetlands. Both proposed home pads show an encroachment into the flood elevation. To meet floodplain regulations,the lowest point of any structure will need to be at least 932.5. Elevating the houses on fill will require a Conditional Use Permit. Engineering will need to be completed and reviewed to confirm that the fill will not impact the flood level of the lake. A wetland delineation has been receieve3d and accepted by the Watershed District. Shoreland rules. Section 78-1221 Subdivision/ platting provisions apply to this subdivision. The Planning Commission and City Council will need to consider the following in determining land suitability for subdivision: (1) Susceptibility to flooding; (2) Existence of wetlands; (3) Soil and rock formations with severe limitations for development; (4) Severe erosion potential; (5) Steep topography; (6) Inadequate water supply or sewage treatment capabilities; (7)Near-shore aquatic conditions unsuitable for water-based recreation; (8) Important fish and wildlife habitat; (9) Presence of significant historic sites; or (10) Any other feature of the natural land likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community. Additional information will be required as part of the preliminary plat process: (c)Information requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. In addition to information required by other provisions in this chapter and chapter 82,the following information shall also be submitted: (1)Topographic contours at two-foot intervals showing limiting site characteristics. (2)The surface water features required in Minn. Stat. § 505.02, subd. 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources. (3)Adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations, such as soil borings, percolation tests or other methods. (4) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths,types of bottom sediments, and aquatic vegetation; and proposed methods for controlling storm water runoff and erosion, both during and after construction activities. (5)Location of 100-year floodplain areas and floodway districts from existing adopted maps or data. (6)A line or contour representing the ordinary high water level, the toe and the top of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. Utilities. Stormwater. It is advised to meet with the watershed district early to understand their permitting requirements. Three lots(the two pink lots and the existing home) will trigger stormwater management. All lots will be served by municipal sanitary sewer services, at the developers expense. The sanitary sewer main will need to be extended to the north, with individual lots served by service lines. Conservation Design. City Code requires conservation design for projects either greater than 5 acres,or at densities greater than one unit per 2 acres. We can support a waiver of the conservation design requirement in lieu of identifying substantial trees(Oaks,Maple,Basswood,etc. greater than 6' DBH) Variances/waivers necessary Based on the information available,the following waivers or variances are identified: ■ Cul de sac length • Right of way width • Paved surface width • Conservation Design • Road or driveway improvements within the 75 lake yard. • Fill in the floodplain • Variances for future lot improvement To maximize the benefit of the sketch plan process, it is recommended that a surveyor or civil engineer prepare responses to these comments. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above. Sincerely, CITY OF ORONO (-267 Jeremy Barnhart,AICP Community Development Director MINNEHAHA CREEK WATERSHED DISTRICT QUALITY OF WATER QUALITY OF LIFE August 14th, 2018 Jeremy Barnhart City of Orono Community Development Director 2750 Kelley Parkway Orono, MN 55356 RE: Baldur Park Sketch Plan-4 lots Northwest of 1376 Baldur Park, Orono Mr. Barnhart, The Minnehaha Creek Watershed District(District)was requested to review a sketch plan for a possible new platted lot on Baler Park. From a preliminary review,the proposed development of a new lot would consolidate four existing parcels into one and would trigger the District's Erosion Control, Floodplain Alteration, and Wetland Protection rules.The Stormwater Management rule would be applicable if anything other than one single family home is proposed. Floodplain Alteration The District's Floodplain Alteration rule is applicable for any project that proposed land disturbance below the 100-year floodplain elevation. The 100-year floodplain for Lake Minnetonka is 931.5' and the Ordinary High Water Level (OHWL) is 929.4'. Existing conditions indicate that a large portion of the site is below the 100-year floodplain. Per the District's rule, and fill brought in below the 100-year floodplain will have to compensated for at a 1:1 ratio between 931.5' and 929.4' (ie, 10 cubic yards of fill require 10 cubic yards of compensatory storage. Compensatory storage must be created between the 100-year floodplain and the OHWL). All low openings will need two feet of freeboard above the 100-year floodplain elevation which would be a minimum of 933.5'. Floodplain alteration that results in greater than 50 cubic yard of fill will be required to submit an as-built survey upon project completion. Wetland Protection The District's Wetland Protection rule is applicable for any project that proposes an impact to a wetland and the Buffer provisions of the rule are applicable to new single family homes that propose an increase in impervious surface. Based on District's Function Assessment of Wetlands (FAW),there is a Preserve Management Class wetland present on the southwestern portion of the peninsula. Per section 6(f) of the rule, new principal residential structures are required to apply a 25'wetland buffer upgradient from the edge of the delineated wetland. Per section 6(c),the buffer can be averaged down to 50% (12.5') 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 and out to 200% (50')as long as the minimum buffer width is maintained at all points and there is no loss in total buffer area provided. Wetland buffer areas that are proposed to be disturbed by grading or other site activities will be required to submit a monitoring and maintenance plan in accordance with sections 7 and 10 of the rule along with a financial assurance of no less than $5,000. To determine the extent of the wetland, a wetland delineation will be required to confirm the Boundary and Type. MCWD is the Local Unit of Government(LUG) responsible for implementing the Wetland Conservation Act(WCA) in the City of Orono. Any wetland fringe below the OHW(929.4') is Public Waters Wetland and would be regulated by the DNR (only applicable if impacts are proposed). Erosion Control The District's Erosion Control rule is applicable to any project that proposes 5,000 square of land disturbance or 50 cubic yards of excavation/fill. A standard erosion control plan will be required. Please reference the District's Erosion Control Checklist found at http://www.minnehahacreek.org/permits/permit-information-and-applications for required exhibits. Administrative Items and Timeline The District's Floodplain Alteration and Wetland Protection rules are considered to be non-fast track permits and require a 14 day public notice to residents within 600' of the property. The WCA requires a 15 business day Notice of Application period before a Notice of Decision can be issued. Additionally,the wetland buffers and buffer monumentation will be required to be declared against the property in the form of a maintenance declaration between the District and the property owner. As the proposed concept sketch will result in a significant portion of floodplain disturbance. District Staff recommend that the property owner, or a representative on their behalf, contact the District for a pre-application meeting early on in the planning phase. Please contact me at 952-641-4504 or hquinn@minnehahacreek.org if you have any questions or concerns. Respectfully, Heidi Quinn Permitting Technician Enclosure: Site Sketch 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 Ak � \' • O 9 k � a / I \\ I \ rc o 0 Ill, \ /...„ 1/ // / ‘ , ,- „/ \\-, \ \ t .,..<--,, ., , , -, , -. , ,„ ‘,„ , g / / ifi �`\\ \ 40/ ' n //I \\ `\ // , \ _ ,4. ► , \�` ` � .eI n ,``\ IMIP /'�/tel 1 ��i \`\1 6 `\ 0/ �� i, o q k 1 cI§' ,s4 ri (40 < ,/-• • /,, t / \XX (�/ � �� ; g / I e I % A huArlir I i 3 W. // 11[0! z \\\ / iilbio'.. --.) TiTI,IIi4111111 - ��, ��II1 / �' ' F jl Nate , ifIi �IIii,1 01 , - , I ► .... 'I jl • / fil',IIIII'll II/ , h i `CV—/ I 1 0 ill 9 `r, U Ill ' __� i ___. ...... , cii:i 1I11/1 7 /0" e 3 l/11 ' M V O Ill I 4`' o • .1` 1 I i 1// Imo! i -irt -st.)/ I .. .'C,/ 1cI M �, I ,....N.__,it I •yI/II/J / 17 ,S `tI/ I ;r synN/ I II,' �� eI/ \ / 1�\\ � c l •-. III I 1 v �� 11 • I,/�1 Il 1 � � U � 'll i//I/I ( 1 I n III ' If) - .".> \ 1 / 11 \\ \:9, 0 II 4110 _) J /l 1 I \� Il 1 I \; \ /I 11I co / \� I 111 ,It -, / 8 \ 11. ! P/ ! a i _ a `\. Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Application Number Jeff Gossen 4260 6th Ave N 9/27/18 W18-33 ® Attach site locator map Type of Decision: ® Wetland Boundary or Type ❑No-Loss ❑ Exemption [' Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ® Approve [' Approve with conditions ❑ Deny Summary(or attach): Ben Carlson (BWSR) attended field verification and agreed with the revised boundary. No other TEP comments received. 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 10/19/18 ® Approved ❑ Approved with conditions(include below) ❑Denied LGU Findings and Conclusions(attach additional sheets as necessary): Fred Puzak has applied for wetland boundary&type confirmation for the wetlands located at 1340 Baldur Park Road, and adjacent unassigned parcels in the City of Orono, Hennepin County, Minnesota. Legal description: Section 8, Township 117N, Range 23W, PIDs 0811723310006-0811723310018. The boundary/type approval was requested on September 24, 2018. A wetland delineation was conducted by Jacobson Environmental on September 21, 2018. A complete delineation report and WCA application were submitted to MCWD on September 24, 2018. One wetland was delineated on site. Wetland 1 was identified as a Type 3, shallow marsh wetland. MCWD and BWSR reviewed the boundaries in the field on October 5, 2018. The boundaries of the wetland were adjusted as shown in the attached revised delineation figure to encompass areas meeting hydric soils criteria and with high obligate sedge frequency. The area upgradient from the cattails is currently mowed, and therefore is a disturbed vegetative circumstance. It is anticipated that during spring conditions,when ground water is approximately at the ordinary high water elevation of the lake, saturated soils would be found within 12 inches of the surface up to the 930.4 contour, furhter BWSR Forms 7-1-10 Page 1 of 3 evidenced by the high freqiuency of the sedges. Flags were moved up to ten feet further from the proposed wetland boundary. MCWD approves the wetland boundaries and types as shown in the attached revised boundary and type figure from the original submittal.This decision is valid for five years. A future project located on this property may require a permit from the MCWD. For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal (sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU upon request. Name Title Elizabeth Showalter Permitting Technician Signature Date Phone Number and E-mail 10/19/18 (952)641-4518 e• LL �, eshowalter@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days) has expired. If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: BWSR Forms 7-1-10 Page 2 of 3 ® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and$100 fee to: Send petition and$500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka,MN 55345 520 Lafayette Road North St. Paul, MN 55155 4. LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski-stacey.lijewski@co.hennepin.mn.us ® BWSR TEP member: Ben Carlson-ben.carlson@state.mn.us ❑ LGU TEP member(if different than LGU Contact): ® DNR TEP Becky Horton-becky.horton@state.mn.us ® DNR Regional Office(if different than DNR TEP member): Jason Spiegel Jason.spiegel@state.mn.us ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different): Fred Puzak-f.puzak@comcast.net ® Members of the public who requested notice(notice only): Melanie Curtis- mcurtis@ci.orono.mn.us,Wayne Jacobson-jacobsonenv@msn.com ® Corps of Engineers Project Manager(notice only):Justin Berndt- Justin.T.Berndt@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 5. MAILING INFORMATION >For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf >For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf >Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf >For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District, ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul, MN 55101-1678 >For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul,MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ® Approved wetland boundaries BWSR Forms 7-1-10 Page 3 of 3 Google Maps Baldur Park Rd Figure 1 Site Map 1111 i., Qa a.�„ran co it ' is n Chz » m c li P. b 4 b K �p sx ,. ° } ? +gni be i re w .,�,a "b s 3ax� ''' v a' e rd NOef@hP�g'�" M � ' kr Memorial 1444 i �. yy� z ter. "# x ,t, : a''xh. ,n a++ ' �. e n.. °*y� s h r r ",, . R"x � , County Park L1- : „,,-,-...44.,,...".4.24,5.,...-_-_,,,,, at a �+ a Or x �kr S�O' "Noerenberg t �_ « #�r -,v a Memorial Garden SAGA HILL x°:* '. z� }` y ` ezr,:: N i. }' , rnr'c` a+*f ` k`'. ' x' `3' h't 'itax eli gar' €gv„®..., :::--5,.:„ 91,4 ' & Q.. $� North Shore Manna e - x A` 7 Ma%WEIR g8 ate#'” t stJ� # # 'a Wayzata Marine mss: a .e k -5 ``x not t :N Shetc g x �..,,.� mr .," JA+a,,,r ;. Ra St ,.x,¢ dd '#j 4=" w' ,."+",'3¢^ �," ia^m t '''..::-.',.1.•;41i,': 4 F a i. 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'.., ( r_____,.,-, \ - 1 . 1 ' ' \ \ --!-- '.---;zc 'fr'.:11'1 \ \„.._ 'I ' ------9-411±_____— v .e\, \\:\, 1., nI-21_U7P ,, Basin 1 1- ••• Tom'. ' IA. a' 0.060 acres ` :'rz-..i'-.1:.::::,wt,„otz, t i YK 11, 4:;.: O ` .\_0> , . �- % i' Map layers N • Sample Point „ ' / j Hennepin County Parcels �,� i ,�" contour_2f 3m �'��'/� _. i J� 0... ......01 .02 .03 r �' Miles Wetland Boundary From: Christian Johnson To: Jeremy Barnhart Cc: Julie Johnson Subject: Re:Baldur Park Rd development Date: Monday,August 20,2018 3:18:16 PM Thanks Jeremy- Here are my comments for the Planning Commissiion. I just heard about this proposal yesterday,but if it proceeds I may have some additional comments during the planning process. To Planning Commission: I have concerns about the proposed development due to the number of exceptions and variances that would need to be made to accommodate this property. l am especially concerned about the increased traffic travelling across my driveway.There is also a significant amount of summer traffic crossing my property to access the 5 boat slips that Mr.Puzak currently rents out and I'm wondering if this will continue as his property is further developed? Some of this traffic is traveling at a speed that is too fast for a tight,curving driveway. In addition,Mr.Puzak has no expense of maintaining or clearing snow from the portion of my driveway that he uses and now is looking to increase usage. Chris Johnson 1376 Baldur Park Rd. On Mon,Aug 20,2018 at 2:20 PM, Jeremy Barnhart<jbanahartaci.orono.mn.us>wrote: Hi Chris, I will be handling the proposed development on Baldur Park,you can direct questions/comments to me in the future. Yes,the property owner,though their consultant/contractor, has applied for a sketch plan to plat 4 lots into 1 to construct a home. We have identified some issues that need to be resolved, outlined in the attached staff report. If the project moves forward, a public hearing will be held for the preliminary plat. If you would like to add any comments for the Commission tonight,feel free to send them my way. Jeremy Barnhart,AICP Community Development Director Direct 952.249.4626 Planning &Zoning Office 952.249.4620 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair John Thiesse,Commissioners Bob Erickson,Bruce Lemke,and Jon Ressler. Representing Staff were Community Development Director Jeremy Barnhart,City Planners Melanie Curtis and Laura Oakden,and Recorder Jackie Young. Mayor Dennis Walsh was present. Acting Chair Lemke called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 16,2018 Lemke moved,Erickson seconded,to approve the minutes of the Orono City Council meeting of July 16,2018,as submitted. VOTE: Ayes 4,Nays 0. NEW BUSINESS 2. LA18-000067 KEVAN NITZBERG, 1212 BRIAR STREET,VARIANCES,6:31 P.M.— 6:38 P.M. Kevan Nitzberg,Applicant,was present. Oakden stated the applicant is requesting a side yard setback,front yard setback,and a 20-foot front yard setback in order to construct a single-car detached garage forward of the principal building. Currently there is no garage located pn the property. The applicant has stated this garage is necessary due to the extreme weather conditions add safety for the livability of his home. The garage will provide additional storage for the property. The new garage will be placed over an existing paved parking pad. The applicant will also be removing excess blacktop from the site bringing the lot into conformance with the hardcover Tier 2 standards. A 5-foot side yard setback is proposed for the south side of the property where 10 feet is required along with a 20-foot front yard setback. The garage will be located in front of the principal structure and located approximately 57 feet from the front of the property. Staff finds the request for a detached single-car garage in the proposed location to be reasonable. The City has previously considered lack of garage parking satisfies practical difficulty. Due to access and the substandard size of the lot,the applicant has stated this is the most reasonable location for the structure. Alternatives include placing the garage in the rear yard but that could potentially create additional hardcover for access. There is currently paved blacktop in this location and the applicant will remove any excess blacktop and bring the hardcover into conformance with the City Code. A garage will increase the usability,safety and storage for the home on the property making the site more useable for the property owners. The neighbor to the south at 1224 Briar has submitted an email in support of the request. The applicant has also submitted signatures from other neighboring properties on the road in support of the request. Page 1 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Planning Staff recommends approval of the request if the Planning Commission agrees with the proposed findings. The Planning Commission had no questions for Staff. Kevan Nitzberg,Applicant,stated Staff has done a great job. Nitzberg noted they do not currently have a garage and that previous owners went through the same process for a two-car detached garage but then decided to sell the property. In their view a 20' x 24' structure would be too big and cover up too much of the house so they are instead proposing a single-car garage at 14' x 20'. Thiesse asked if the applicant is happy with the 20 feet deep. Nitzberg stated he is and that they are proposing the 20 feet to accommodate off-street parking for guests. Thiesse stated his only concern is that a 20-foot deep garage may not be deep enough to accommodate some vehicles. Nitzberg indicated he and his wife both drive compact cars. Lemke asked why a 5-foot setback is proposed rather than the required 10 feet. Nitzberg stated it is partially aesthetic since the garage would cover up more of the house if it was at ten feet. Chair Thiesse opened the public hearing at 6:36 p.m. There were no comments relating to this application. Chair Thiesse closed the public hearing at 6:36 p.m. Ressler commented the application appears to be fine. In regards to the 5-foot setback,if the applicants were proposing a two-car garage,they would need to go over that far to accommodate it. Lemke stated he has a little bit of an issue with the 5-foot setback and that he does not see a practical difficulty for it. Thiesse noted a 10-foot setback would place the garage more in front of the house. Lemke moved,Ressler seconded,to recommend approval of Application No. 18-000067,Kevan Nitzberg, 1212 Briar Street,granting of a side yard setback and a front yard setback to permit the construction of a one-car detached garage. VOTE: Ayes 4,Nays 0. 3. LA18-000068 SVEN GUSTAFSON ON BEHALF OF 1350 BALDUR,LLC,PIDS 08-117-23-31-0006 THROUGH 08-117-23-31-0009,BALDUR PARK ROAD,SKETCH PLAN,6:38 P.M.—7:09 P.M. Sven Gustafson,Applicant,was present. Page 2 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Barnhart noted this is a sketch plan application for a plat on Baldur Park to combine four lots into one lot for the purposes of constructing a new single-family home. This is not a subdivision or the splitting of a lot. There is an existing house at the point. When looking at a plat,the City has to look at a couple of different scenarios. When the property is platted in the proposed manner,it will create a back lot,which is prohibited by City ordinances. Barnhart stated there is not a lot of details available in terms of grading or configuration of roads and that the applicant is looking for guidance from the Planning Commission on the issues outlined in the Staff report. Overall the property is generally flat or very close to the ordinary high water line,so flooding or floodplain issues may come into play on this development. A wetland may be located on the site which will need to be delineated. Both of those items are important in determining minimum lot size and more information will need to be provided. Baldur Park is a platted public road and does not actually touch this property on land. A copy of an easement,if one exists,will need to be provided,or else additional information will need to be submitted showing how the property will access the road. Generally a cul-de-sac would be required at the end of a public road to provide a turnaround for emergency vehicles. The lack of frontage onto Baldur Park Road prevents a cul-de-sac within the Baldur Park Road right-of-way unless additional right-of-way is platted. The proposed plat appears to be consistent with the Orono 2030 Community Management Plan. As a sketch plan,it has been submitted to the Minnehaha Creek Watershed District and those comments will need to be incorporated into the plan at some point. A Conservation Design plan is not required since this is a proposed plat and not a subdivision. A tree removal plan will be required since there are several large trees on the property,many of which will need to be removed to accommodate construction. The issues identified by Staff include frontage of the property. Issues for discussion: 1. Front lot/back lot. Platting the property as proposed will create an easement back lot. Does the Planning Commission feel a waiver from the prohibition of an easement back lot is warranted? 2. The 75-foot lake yard variance. Because of the narrow width of the peninsula,any improvement of the subject lot will require 75-foot lake yard setback variances. Does the Commission support the placement of a lot in the location,requiring variances? An alternative lot location further at the point would prevent the need for a variance. 3. Does the Commission feel that adjustments to the lot area requirements are justified? Staff does not support the proposal as drafted due to the following: a. The proposal creates a nonconforming parcel by virtue of creating an easement back lot. b. Access to the lot is in question and information supporting access rights to the development have not been provided. Page 3 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. c. The lot proposed requires a lake yard setback to improve the property. Staff recommends a lot be created at or nearer the point that does not require a lake setback to develop. Thiesse asked if they would require 30 feet to create an outlot. Barnhart indicated they would need a 30-foot wide outlot to provide access to the front lot/back lot. The City would also look for some sort of turnaround within the development. This plat is similar to a recent application approved on Ivy Place. In that situation,the developer agreed to provide onsite turnarounds and sprinkler the buildings to help offset the challenges created by the long road ending in a dead end. Thiesse asked what this would do to the development of the next lots down. Barnhart stated the sketch plan does not address that and that they are simply proposing to plat these four lots into one buildable lot. Thiesse asked if it would preclude them from developing those lots. Barnhart stated it would depend on whether the Planning Commission was okay with waiving the access for the proposed lot. The front lot/back lot situation basically allows them to create this lot and then one additional lot that would be accessed via the outlot. Thiesse asked if a cul-de-sac would need to be constructed if the Planning Commission is not agreeable with the front lot/back lot. Barnhart stated that is one of the options. Sven Gustafson, Stonewood,stated this is a unique property since it is located on a peninsula and is narrow. To develop the property in any way would require some variances and that they are here looking for some feedback and direction on how best to proceed with developing it. In regards to the road,currently Baldur Park Road is 12 feet wide and it would not make much sense to have a 24-foot wide road at the end of the 12-foot road. Gustafson stated they are looking at an outlot that would serve some lots beyond this property. Gustafson stated they do not know about the wetlands at this point. Once the wetland is delineated,that will likely drive some changes. Gustafson stated obviously the 75-foot lakeshore setbacks are impossible to meet no matter what they do with the lot lines. Chair Thiesse asked for public comment at 6:49 p.m. Cindy McDonnell, 1420 Baldur Park Road, stated she has a concern about the proposal. Baldur Park Road is brand new since the flood of 2014,and if this lot requires a lot of fill,the trucks hauling in the fill may damage the road and she would like some assurances that repairs will be made to the road if any occur. McDonnell stated if there is going to be future development down at the peninsula,she would like to see a turnaround since this will generate some additional traffic down the road,which needs to be taken into Page 4 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. consideration. Currently the area is somewhat of an eyesore for the whole neighborhood and in her view the neighbors' property values are being impacted by that. There were no further public comments. Barnhart noted an e-mail was received this afternoon regarding the property,which has been provided to the Planning Commission. Thiesse asked about access. Barnhart stated access can likely be resolved by review of the easement. Gustafson stated there is an easement that provides access across the neighboring property,which is Lot 20,and that he can provide additional information on that. Thiesse asked if he is amenable to moving the house down a couple of lots with a road and cul-de-sac for emergency vehicles. Gustafson stated they will take all the feedback they receive tonight and consider it. Erickson commented it would be nice to see a rough plan for the rest of the area to give the Planning Commission a better idea of what is being contemplated. Thiesse stated the applicant is asking for approval for a portion of the property and that it is likely they will use it as a practical difficulty. Erickson agreed that there is a question about what happens after these variances are granted. Gustafson stated a turnaround or a cul-de-sac for this area probably makes sense,but that a cul-de-sac or turnaround for the entire neighborhood at the end of the road is probably not something the property owners are interested in doing. Thiesse indicated he has difficulty creating a substandard lot but that there is no way to make it a conforming lot in all respects. Thiesse noted the City normally does not allow a front lot/back lot. Gustafson asked whether seeing a proposal that shows development of the entire peninsula would be easier for the Planning Commission. Thiesse commented that would be easier for him and that it appears this site needs the most work. Thiesse stated he would rather see the whole thing and that he has the most difficulty with this lot. Ressler suggested the applicant counter this plan with something to improve the situation and that they might not necessarily be helping the situation by keeping the road at 12 feet wide. Ressler stated they should look at balancing some of the difficulties the current residents encounter with the road by perhaps adding a turnaround on the property. Gustafson asked whether a turnaround on Lot 21 to allow better neighborhood and emergency vehicle access and turnaround would be beneficial. Page 5 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Thiesse commented that would be something to help the situation. The 75-foot section from two directions is also an issue.Thiesse stated he is not convinced that this is a buildable lot,which is another big concern. Lemke stated he is in agreement and that the proposal seems way too confirmed. Lemke stated in his view there is a need for an emergency vehicle turnaround and that the lot does not seem buildable. Gustafson asked whether emergency vehicles can make it down to the end of the road currently without a turnaround. Barnhart stated they can make it down to the end of the road. Erickson stated in a true emergency,the fire trucks could also cut across somebody's grass. Lemke stated he would also like to see a complete development plan so he can understand the full impact. Barnhart asked whether the Planning Commission would like to see a conforming access in the back. Thiesse stated that would be his preference. As it relates to the 75-foot setback,Thiesse noted it is a huge property and that they are proposing to chop off a very narrow piece. Thiesse stated he is struggling with the 75-foot setback since he is not convinced it is a buildable lot. Gustafson pointed out they are not chopping off one lot but are rather combining multiple properties into a larger lot. Ressler stated since it is not currently developed,it is a different situation,and that there will be more traffic generated and the need for emergency vehicles to travel down the road will increase. Gustafson stated the current access to the peninsula will not be made more difficult since that is what will remain but that there will just be a house there. Thiesse stated in his opinion it is a substandard road and that there is not much they can do to improve that situation,but they can try to improve whatever else they can. Lemke commented rather than have four unbuildable lots,they now have one unbuildable lot. Thiesse asked whether the Planning Commission feels adjustments to the lot area requirements are justified,including access or easements in lot area. Thiesse stated he is looking at an owner that owns a bunch of property and that there is a neighboring city that requires lots be combined if they are all under the same ownership. Barnhart stated this is a lot of record and that Orono has the same requirement. Barnhart noted the applicants are proposing a plat. Thiesse stated overall he is having difficulty with the 75-foot setbacks,the size of the lot,the access,and the turnaround. Ressler noted wetlands are not included in the lot area calculation. Page 6 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Barnhart stated in his view the issues are addressable and the next step is to take it to the City Council or the applicants can make changes to their proposal and bring it back to the Planning Commission. Gustafson stated they would like to take a look at the larger project and then decide what to do. Thiesse stated in regards to the fill,there typically is an inspection of the road prior to construction and an inspection after construction to determine whether any damage has occurred. Gustafson stated they likely will have to bring in some fill to construct the house,which is typical,but that they will not be filling in the wetland area. The Planning Commission took no formal action on this item. 4. LA18-000057 CITY OF ORONO,TEXT AMENDMENT—ACCESSORY BUILDING AND STRUCTURE SETBACKS,7:09 P.M.—7:30 P.M. Curtis noted this is a continuation of the discussion that occurred in June regarding proposed changes for Accessory Building and Accessory Structure setbacks. The changes discussed thus far have been regarding the overall organization of the regulations in the Code and whether or not adjustments to the existing setbacks are needed. Staff has prepared a summary of the existing regulations in a newly organized table format as well as a similar table showing proposed changes to the setbacks for the R-IA,Rl-B,LR-1A,and LR-1B districts as a starting point. Any proposed changes in the setbacks are the result of discussions with the Planning Commission at a work session. Private recreational facilities are defined and are listed in the zoning code as allowed accessory uses within each residential district. However,the definition and subsequent district regulations may leave too much up to interpretation. Within the existing regulations tables the setbacks noted with a question mark are done so because it appears the current regulations are ambiguous or silent to those particular setback requirements. The draft proposed regulations tables attempt to clear up these identified ambiguous areas. The Planning Commission should discuss whether all private recreational facilities should be treated equally or regulated at all. The definition of private recreational facilities includes detached structures or equipment,whether stationary or mobile,such as swimming pools,tennis courts and sport courts,hockey rinks,hot tubs,and spas,etc. Curtis stated the public hearing should be reopened tonight. The Planning Commission had no questions for Staff. Chair Thiesse opened the public hearing at 7:12 p.m. There were no comments relating to this application. Curtis recommended the public hearing be continued to next month. Thiesse stated in his view they cannot lump private recreational facilities in with the accessory structures. Page 7 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Curtis indicated that was added to clarify things and it is a relatively recent change. Thiesse stated in his mind a basketball hoop is different than a swimming pool or a tennis court and that he is not sure they can all be lumped together. Curtis asked if the Planning Commission likes the format of the draft ordinance. Thiesse indicated he likes the format. Curtis stated the intent is to include the new tables and replace the little table in the code for each district so there is one concise accessory structure section that is applicable to all districts. Thiesse asked whether Staff feels the average homeowner will be able to understand it. Curtis stated in Staff's view it is laid out in a clearer format and is easier to understand. Barnhart stated in his view the questions people might not understand is what is considered an oversized structure and the interior setback,both of which are easily addressed in the code. Curtis stated Staff took away from the discussion at the work session that the Planning Commission does not necessarily see the need to regulate based on 700 or 1000 square feet for a structure that does not have a massing impact,but that Staff is proposing to separate out a 1000 square foot structure or over a 1000 square foot structures. The draft ordinance also eliminates any special regulation for sport courts,large tennis courts,pools and flat things accessory structures without a roof and put them into a different category. Curtis stated to that end,there are some pieces of the proposed table the Planning Commission may want to discuss. Currently the Code is somewhat silent on front street setback for less than 1000 square foot accessory structures and it may appear someone could have it at right at the front lot line. Staff does not feel it is appropriate to have a pool or other accessory structure there and the Planning Commission may want to discuss that. With the draft ordinance, Staff is trying to look at the impact and what is allowed. Lemke noted under accessory structures/private recreational facilities it says 25 or MCWD buffer. Lemke asked whether someone could have one or the other. Curtis indicated that is the current regulation and that if there is a buffer required by the MCWD of 50 feet, it would need to be 50 feet. Curtis stated they do want to have a setback in place in the event the MCWD does not require a buffer,which is the 25 feet. Lemke asked what would happen if he has a shed that is exactly 1000 square feet. Curtis stated oversized is currently defined as larger than 1000 square feet and that it would be considered an accessory structure if it is less than 1000. Curtis stated a building at 1000 square feet would be considered an accessory structure. Barnhart commented the definition may have to be adjusted slightly to clarify that. Page 8 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Thiesse noted the issues raised during the workshop have been incorporated into the ordinance and that he is fine with the ordinance so far. Thiesse stated as it relates to private recreational facilities,hockey rinks typically come with boards and lights,and asked whether they would be included with sports courts. Curtis stated private recreational facilities would include some things the City already has a specific regulation for but then would also include such things that are stationary or mobile,such as a hockey rink or a basketball hoop. Curtis stated there is value in having discussion about some of the mobile things since they could have a massing impact but noted not everything that is listed has the same kind of impact. Thiesse indicated he is in agreement with that and that perhaps they should also look at the intent. Thiesse commented someone could string a batting cage all the way across their property 50 feet from the lake,which could result in the neighbors having to look through that to see the lake. Curtis noted setbacks would apply,but if they are called private recreational facilities,each district would have its own accessory structure setbacks. Thiesse stated he would like the Planning Commission at some point to look at that. Lemke asked whether any consideration should be given to the permanence of the structure and the length of time that it will be there. Barnhart stated variables such as permanence and season-ability can be brought into the equation. Curtis stated she will attempt to have a draft ordinance ready for next month's meeting that would incorporate the general accessory building and accessory structure general regulations but that the issue is complicated due to some of the exceptions and allowances for different types of structures. Thiesse asked whether retaining walls should be included or whether language should be included that says it is regulated somewhere else. Curtis stated retaining walls are included in the non-encroachment sections. Curtis noted the City does not define everything that is considered a structure but generally defines it as something that is constructed or built rather than a boulder. Lemke moved,Erickson seconded,to table Application No. 18-000057,City of Orono,Text Amendment—Accessory Building and Structure Setbacks and to continue the public hearing. VOTE: Ayes 4,Nays 0. 5. LA18-000059 CITY OF ORONO,TEXT AMENDMENT—SIGNS,7:30 P.M.—7:40 P.M. Barnhart stated this draft ordinance would delete and replace all of the sign regulations within the City Code. The ordinance is intended to remove sign regulations based on what the sign says,which is free speech concern. Another goal with the ordinance is to clarify the regulations. Page 9 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Sign regulations must be content neutral,regulations must apply based on the time,place,or manner of the speech rather than content. The city's current ordinance includes many references to the content of the sign. Barnhart noted the following: 1. The draft ordinance continues to prohibit pole signs.Where free-standing signs are allowed,they must be monument style. 2. The draft retains the four temporary sign permits annually. 3. The new regulations introduce a sign standard table. This table is central to the"content neutral" goals of this ordinance. All signs in the various districts are regulated the same manner. 4. Table 1 on Page 11 includes five districts. District 4 correlates to the B-3 zoning district and attempts to incorporate existing signage;i.e.,not creating a nonconforming situation. An attempt to tailor sign regulations in the other commercial districts to prevent non-conforming situations was made. 5. The draft ordinance allows up to 35 percent of changeable copy,either electronic or manual. 6. The draft ordinance does not require a permit to change the face or text of a sign. A permit would be required if the sign is made bigger. Thiesse asked if the City currently has a requirement regarding the changeability. Barnhart indicated the City does not. Staff recommends approval of the ordinance as drafted. Chair Thiesse opened the public hearing at 7:34 p.m. There were no comments relating to this application. Chair Thiesse closed the public hearing at 7:34 p.m. Lemke asked if political signs are addressed. Barnhart indicated political signs are allows and would be covered on Page 10. As written,District 1 allows a certain amount of signage that is allowed in a residential district,such as a home occupation sign or a political sign. Lemke asked whether this addresses setback from property line or right-of-way. Barnhart indicated there is a height limitation and a setback requirement. Thiesse asked if the City has the right to remove any noncompliant signs. Barnhart stated the City does have that right,and if the sign is a hazard,it will be removed immediately. People will also have the ability to get their sign back. Page 10 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. Ressler noted at the last meeting there was a comment about advertising signs. Ressler asked whether there is a way to regulate that if the business is not located there. Barnhart stated the City cannot remove it because of what it says,and if the sign meets the size requirements,it would be allowed to stay. Ressler asked if that would be considered a temporary sign. Barnhart stated as long as it meets the size requirements,it can remain. Historically the City has regulated signs based on content,which is no longer allowed. Advertising a business that is not on that property would be allowed to stay since the new sign ordinance does not regulate based on content. Thiesse asked whether the City can prohibit it if it is a sign advertising a business and the person whose property it is on is getting paid to have the sign there. Barnhart stated it would be allowed. Ressler asked if the language can be changed to address those things. Barnhart stated they cannot since they would then be regulating based on content. Thiesse stated in his view that would be regulating based on commercial use. If someone is advertising a business,that is not necessarily content,and the City should be able to outlaw advertising a business in certain areas. Thiesse stated that is not regulating content but regulating what they are doing. Barnhart stated it would still be regulating based on content. Barnhart stated it is a huge departure from what the City has done in the past but that the City Attorney has advised that they cannot regulate based on content,and when you boil it down,it would be a disagreement with the sign based on what it says. Thiesse stated he disagrees with that since the sign is being used for something other than free speech and being used to advertise a business. Erickson moved,Lemke seconded,to recommend approval of Application No. 18-000059,City of Orono,Text Amendment—Signs. VOTE: Ayes 3,Nays 1,Ressler Opposed. Ressler commented he wished they could find a way to prohibit certain signs without violating the intentions of free speech. 8. UPDATE ON AUGUST 13,2018,CITY COUNCIL MEETING Barnhart reported the City Council took the following actions at the August 13 meeting: - Approved the Judd Dayton application at 825 Old Crystal Bay Road. - Approved the Jay Mittlestat application for a detached garage. - Approved a variance at 275 Crestview. - Approved an ordinance to adjust the City's septic regulations to meet Hennepin County's regulations. - Reviewed the Matt Johnson application and suggested an 8-foot fence be permissible. Page 11 of 12 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,August 20,2018 6:30 o'clock p.m. - Held a public hearing on the Goose Management Plan. The City is developing a Goose Management Plan in accordance with DNR requirements,which would allow people to hunt geese in problem areas. - Approved the Sven Gustafson preliminary plat application at 385 and 387 Orono Orchard Road. - Staff provided an update on Your Boat Club. 7. OTHER ISSUES FOR DISCUSSION None PLANNING COMMISSION COMMENTS None ADJOURNMENT Lemke moved,Ressler seconded,to adjourn the Orono City Council meeting at 7:45 p.m. VOTE: Ayes 4,Nays 0. ATTEST: j v John Thiesse,Chair Page 12 of 12 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. 14. LA18-000068 SVEN GUSTAFSON ON BEHALF OF 1350 BALDUR,LLC,BALDUR PARK ROAD,SKETCH PLAN Sven Gustafson,Applicant,was present. Barnhart stated this is a revised sketch plan from what was seen at the Planning Commission in September. It calls for the creation of a plat for a buildable lot on Baldur Park Road. Primarily the property owner is looking to create a parcel that would support a new house. The subject parcels are the six lots between the end of the development down towards the point. The developer is proposing platting three parcels in this area and the existing home is not included in the project at this point. Barnhart indicated there are two options for creating a buildable lot. The first option would be to create a front lot/back lot configuration,which requires an access outlot. Option 2 is to plat several lots and having either a public or private road to serve three or more lots. In response to Staffs comments and the Planning Commission discussion,the applicant has revised the plan and shows three new building lots and an Outlot A. Outlot A shows a proposed driveway and a turnaround at the southern end of the project. None of the three lots meet the required one-half acre. While Outlot A appears to be narrower than 30 feet adjacent to Parcels 23 and 24,Outlot A will, in fact, need to be a road since it will be serving more than three lots. This right-of-way width needs to be 50 feet per ordinance. However, Staff can support a waiver of the right-of-way and paved road width due to the width of the existing Baldur Park Road, provided fire department standards are maintained. Staff recommends the City Council discuss the following: I. Cul-de-sac length. Baldur Park Road is over 1,000 feet from its intersection of Birch Lane to the subject property. The standard is 1,000 feet. There are no other options to continue Baldur Park Road and plat the property. Staff supports the waiver. 2. Right-of-way width. Much of Baldur Park Road right-of-way width is 30 feet. The standard for new streets is 50 feet. Staff supports the waiver. 3. Paved surface width. Much of Baldur Park Road is 18 feet paved width. The standard for streets Serving 3-10 units is 28 feet. For more than 10 units,32 feet is required. Staff supports a waiver of no less than 20 feet through the new section. 4. Cul-de-sac. The latest plans show a turn-around,which is adequate if only two lots are proposed. if there are three lots, a road is required. Staff does not support waiving the cul-de-sac requirement. 5. Conservation Design. Because the lots proposed are smaller than two acres,the project would require Conservation Design. Staff supports a waiver of the full design in lieu of wetland delineation and a tree inventory where building pads are proposed. 6. Road or driveway improvements within the 75-foot lake yard. The southern portion of the point is very narrow,approximately 100-120 feet. Construction of a home within the 75-foot lake yard is unavoidable. Staff supports shifting house pads to the north to avoid or minimize conflicts with lake yards. Page 11 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. 7. Fill in the floodplain. Based on preliminary plans, it appears that the house pads will require fill to elevate above the flood elevation. This may be resolved with more detail being provided and/or shifting the house pads further to the north. The Council is asked to provide non-binding feedback on the issues presented. Walsh asked if the applicant would be permitted to build a house on each one of the small lots. Barnhart stated technically they could not but since there is no existing home,they could combine the lots to get as close to the requirement as possible. There is enough land to meet the one-acre minimum. Printup noted on Maple Place those were platted lots and they were able to build on them. Barnhart stated it might be that those lots meet the 66 percent requirement of the DNR. If a lot exceeds 66 percent of the DNR's requirements for lot size,they can be developed. The lots on Baldur Park do not meet that requirement. Barnhart noted there is a clause in the code that says when they own contiguous lakeshore properties,they can combine them to get as close as possible to the lot size requirement,and in this case they have enough to meet the one-acre requirement. City Attorney Mattick stated if the lots are nonconforming but meet certain minimum requirements,such as the 66 percent,they are allowed to build. If they do not meet that requirement,the statute says if the lots are under common ownership,they have to combine them to get it to the minimum conforming size and not the 66 percent. Printup asked what is being proposed for the other lots at the point. Barnhart stated part of Staff's recommendation is to include a plan for those five lots since that would impact the width of the road and emergency services. Printup asked if the City should plan for five future lots. Walsh stated the plan could change the next day and that the City has to plan for the worst possible scenario. Printup asked if there is an easement over the property. Barnhart stated to his knowledge there is an easement but nothing was platted for access. In the past the City vacated a portion of the road because it was in the water. Printup asked if those easements can be cleaned up as part of this plat. Barnhart stated from a planning perspective,they are open to not having it be a public street beyond a certain point. Baldur Park Road could terminate in a cul-de-sac,with a private road or a shared driveway beyond the cul-de-sac. Walsh stated a private road can only serve so many homes. Barnhart stated the road could serve a number of homes and that they are within the allowable range. Page 12 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,October 8,2018 7:00 o'clock p.m. Printup commented he would like to see the easements get cleaned up. Crosby asked if the proposed lots are conforming. Barnhart indicated they are not and that they would need to combine lots in order to get to the half-acre minimum. Sven Gustafson,Stonewood,stated the City Council has provided some good direction and that he is here to answer questions. Mark Gronberg,Gronberg&Associates,indicated they looked at some of the lot sizes in the area and that there are a number of lots that are way under the 0.5 threshold. Gronberg asked how that would play into this. Walsh stated the City Council has to deal with the current codes,and unless there is some kind of inherent difficulty,they need to follow that. Walsh commented a cul-de-sac is probably necessary,but he will leave whether the road should he public or private up to the applicant. Gronberg noted a cul-de-sac does take up quite a bit of room and that there are some floodplain issues. As a result,a turnout would work a lot better than a cul-de-sac. Gustafson stated the Planning Commission appeared to be in favor of a hammerhead or a turnout. Printup commented he would like to see the cul-de-sac as one option. Gustafson asked how far the cul-de-sac would be from the water. Gronberg indicated it would be close to the water. Walsh stated that could be considered a practical difficulty,and because the current road is not as wide as it should be,there is some flexibility there. Gronberg noted the area is so narrow in some spots that they will have to encroach into the 75-foot setback. Gronberg asked if there is a magical number on that. Wash stated there are some inherent practical difficulties, which the Council understands,and that they should follow Staff's recommendations. The City Council took no formal action on this item. (A recess was taken from 8:32 p.m.to 8:40 p.m.) 15. LA18-000079 LAKEWEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD WEST,SKETCH PLAN Curt Fretham and Perry Ryan, Lakewest Development,were present. Page 13 of 18