Loading...
HomeMy WebLinkAbout01-21-2020 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE ❑ COUNCIL C!� PLANNING COMMISSION q OTHER Assistive Listening Device available upon request. PRESENT FOR(from agenda) 3RNAME (please print) ADDRESS NAME OR NUMBER —� I 2. 3. cam '© tJ S s. -A- 7. ,Ikyi ljn 1 S 8. 9. 10. 11. 12. 13. 14. 15. V:\(LEGAL FOR MS)\(FORMS)\PUBLIC ATTENDANCE.DOC Agenda Planning Commission Meeting TUESDAY, January 21, 2020, 6:30 P.M. Orono Council Chambers, 2780 Kelley Parkway, Orono, MN 55356 952-249-4600 / www.ci.orono.mn.us Sign up for email notifications at www.ci.orono.mn.us – follow links for Stay Connected & Email Notification Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet – located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Aaron Printup Pledge of Allegiance Approval of Agenda New Business 1. Approval of Minutes November 18, 2019 2. LA19-000098 Joe Hahs/Evergreen Construction, 2385 Shadywood Road, Conditional Use Permit (Staff: Melanie Curtis) 3. LA19-000101 Al Azad, 200 Bederwood Drive, Variance (Staff: Laura Oakden) 4. LA19-000105 John Kraemer, 855 Old Crystal Bay Road South, Variances (Staff: Melanie Curtis) 5. LA19-000106 Tom Lemmerman, 1389 Orono Lane, Variance (Staff: Laura Oakden) 6. LA19-000099 City of Orono Comprehensive Plan Amendment Related to Trail Priorities (Staff: Jeremy Barnhart) 7. LA19-000091 City of Orono Text Amendment related to Grading and Land Alteration (Staff: Jeremy Barnhart) Adjourn Planning Commission Liaison to Monday, February 10, 2020 City Council meeting: John Thiesse MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 46 ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis, Bob Erickson, Matt Gettman, Dennis Libby, Mark McCutcheon, and John Thiesse. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden. Chair Ressler called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Gettman moved, Erickson seconded, to approve the Agenda for the November 18, 2019, Planning Commission meeting. VOTE: Ayes 7, Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER 21, 2019 Gettman moved, Erickson seconded, to approve the minutes of the Orono Planning Commission meeting of October 21, 2019, as submitted. VOTE: Ayes 7, Nays 0. NEW BUSINESS 1. LA19-000041 LAKEWEST DEVELOPMENT, 3570 IVY PLACE, SUBDIVISION TO REPLAT LOT 1 AND OUTLOT A OF IVY PLACE, 6:32 P.M. - 6:36 P.M. Steve Eggert, o/b/o Lakewest Development, was present. Barnhart stated the applicant is proposing to plat an existing outlot and Lot 1, Block 1, all part of the original plat of Ivy Place, into one buildable lot. The one lot will have frontage on Lake Minnetonka on two sides. Access will be provided to the lot at the point via an Easement. The Easement will allow for utility access as well. Ressler asked if Staff was in support as proposed or if there was an amendment Staff was requesting which was not illustrated. Barnhart said Staff is not proposing or suggesting any changes to be made. The Easement would be a separate document drafted by the City Attorney and signed by the property owner. Mr. Steven Eggert, Lake West Department, on behalf of Rusty Kocon, said he was available for questions. Chair Ressler opened the public hearing at 6:34 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 6:34 p.m. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 2 of 46 The Planning Commission had no comments, concerns, or questions. Ressler said the request seemed reasonable. Staff's feedback seems prudent to be approving but subject to access for the utilities of the 3600 lot. Erickson moved, Gettman seconded, to approve Application LA19-000041, Lakewest Development, 3570 Ivy Place, Subdivision to Replat Lot 1 and Outlot A of Ivy Place. VOTE: Ayes 7, Nays 0. 2. LA18-000094 LAKEWEST DEVELOPMENT, 3570 IVY PLACE, CONDITIONAL USE PERMIT FOR A PERMANENT DOCK, 6:36 P.M. - 6:49 P.M. Steve Eggert, o/b/o Lakewest Development, and Russell Kocon, were present. Barnhart presented a summary of packet memorandum. Ressler noted the concern about the dock length getting in the way of the lagoon and asked if that would be enforced by the LMCD or City. Barnhart said a site plan will be approved, but the third condition allows Staff to manipulate the final approved site plan to some degree. Ressler asked if the Commission would approve the site plan subject to the DNR or LMCD being on board with the approval. Barnhart answered yes. Ressler noted the City Engineer provided approval of the proposed placement but asked if it could be relocated if the dock disrupts the use of the sewer. Barnhart said Staff is comfortable with the placement of the dock in relationship to the sewer. The variable is the location of the channel, which is somewhat subject to the LMCD regulations. Staff is not concerned from a mapping standpoint, but additional information from the Watershed District and the LMCD would be helpful. Ressler asked if the City Engineers reviewed the placement of the dock as it relates to the drainage and not the lagoon. Barnhart stated that was correct. Gettman asked where the dock was on 3545 Ivy Place or what the impact would be on the neighbor immediately south. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 3 of 46 Mr. Rusty Kocon said there is one existing neighbor, and the lot on the west side is flat and no one is there. The neighbor's dock to the east is on Carman Bay. Ressler requested that Staff finish the presentation and the homeowner be available for questions and clarifications after that. Gettman asked Barnhart to point to where the dock will be located. He also asked about the area where the ‘hand’ is. Barnhart indicated the location on the map and stated the ‘hand’ is the adjacent property owner. Ressler said it did not look like it would impact their ease of use or usability. Barnhart agreed and said the dock would extend to the edge of the finger on the map, and indicated the amount of space available for access. Thiesse asked if there was any reason the Commission would ask the applicant to keep the dock out of the Easement, to come in at an angle, as it would not add any more dock. Barnhart asked which Easement. Thiesse indicated the Stabilization Easement. Barnhart said that it was within the Commission's rights. Gettman asked what the Easement was for, if it was just a restoration. Barnhart responded the red Easement indicated is the Sanitary Sewer Trunk Easement. Thiesse stated he was referring to the other Easement. Barnhart stated that area is the blue Easement, which is the Shoreline Stabilization. That allows work to be done to stabilize the slope and add some material and vegetation. The Easement is not exclusive. It allows projects that don't impact those goals, including docks. Thiesse asked, if the Commission instructed the applicant to put safety equipment on something and they either do it or don't do it or do it halfway, does the Commission have any liability. Barnhart said the City Attorney could be asked that question. He did not raise that as a concern when dealing with the dock at 2520 Shadywood. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 4 of 46 Mr. Steve Eggert, Lakewest Development, said the design was mindful of the LMCD and meets the setbacks on the north side of the dock. He said at certain points after "X" feet, there's a 50-foot and 100- foot extension. They need to be a distance away from the invisible setback that cuts through the line if the lot were to be extended. The design was mindful for an easy-in/easy-out on the maximum traffic going to the west of the dock. Mr. Eggert spoke with the property owner, and Rusty is okay with the reflectors and the 4-foot path. Chair Ressler opened the public hearing at 6:45 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 6:45 p.m. Ressler noted the placement of the dock as proposed makes sense. The current placement is probably more respectful for his neighbors than having it go straight out based on the angulation of the shoreline. He is in favor of the project as proposed based on the contingencies recommended by Staff. Ms. Penny Saiki, 2874 Casco Point Road, asked where the road is relative to the shore and land setback. She also asked if the road was on the sanitary sewer. Barnhart, using a map, indicated where Ivy Place Road ends and responded that it was roughly near it. Some portions may be on the sanitary sewer, which is not uncommon. Bollis, Erickson, and Gettman stated they did not have any concerns. Libby stated he agreed with Chair and Staff. Libby moved, Gettman seconded, to approve Application LA18-000094 Lakewest Development, 3570 Ivy Place, Conditional Use Permit For A Permanent Dock with the conditions recommended by the staff. VOTE: Ayes 7, Nays 0. Barnhart said the City Council will review the previous applications on December 9. 3. LA19-000085 CHRIS & AMY EVENSON, 780 LAKEVIEW PARKWAY, CONSERVATION EASEMENT AMENDMENT/VACATION, 6:49 P.M. - 7:31 P.M. The applicants, Chris and Amy Evenson, were present. Curtis presented a summary of packet memorandum. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 5 of 46 Ressler said there is an exhibit showing the fence that is now placed is similar or the same to the previously placed fence. He is not sure when the previous CO was issued if that fence was placed at that time or not. Curtis said the fence was not shown on the previous survey. There was a fire, activity in the rear yard related to the fire, and then reconstruction. A permit is not required to construct a fence; however, there are regulations for them. Staff noted it at the time of the second home's construction, at the CO request. Ressler asked whether the Conservation Easement had changed. Curtis said it had not. Curtis, using a drawing, showed the request to have the Easement reduced by 10 feet so the fence and all improvements meet the 10-foot setback. She indicated the 10-foot setback from the Easement; the fence is approximately 4 1/2 feet inside the Easement area. Thiesse asked if the pergola was a gateway into the Easement area. Curtis confirmed that it was. Gettman asked if the gate’s door leads to the path that's at the bottom of the Conservation area. Curtis indicated it leads to the Conservation Easement area. Ressler said he did not know if it made a difference as to whether or not the Commission would approve or deny whether it does or does not lead into the Easement. Gettman stated he is looking at a bigger view instead of just a drawing. Libby asked if there was anything more definitive as to the nature of the Conservation Easement, if it is a delineated wetland or has some other intrinsic natural aspect. Curtis concluded summary of the packet memorandum. Libby commented it is likely a contemporary Easement because of the development’s timeline. Curtis stated it is very new. Bollis asked if the fence is allowed within the 10-foot setback. Curtis said technically no improvements are allowed within the setback area in order to protect that area. The City does not want people to build right up to the area because it encourages encroachment. The 10- foot setback requirement was placed in the development contract; it's not part of the Easement. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 6 of 46 Erickson said when the subdivision was originally approved, there were a large number of landowners nearby concerned about the loss of open space due to the transition from a golf course to a residential area. The conservation district areas grew out of a rather large public sentiment at that time. Libby asked whether the setback and the Conservation Easement are easily accessible publicly; is this public information that developers and private homeowners would be able to have access to and have knowledge of. Curtis said they are recorded against each property in the development and the developer has reassured Staff they are educating property purchasers at the time of closing or prior to. The sites are supposed to have the signage. The developer's responsibility is to put Conservation Easement signage on the edge of the Easement where it crosses the property line so the property owner is aware of its location. Mr. Chris Evenson and Ms. Amy Evenson, 780 Lakeview Parkway, stated they built their dream home and moved in June 23, 2017. When they moved in, they had the fenced-in backyard and 13 months later they basically lost everything in a fire. They decided to rebuild on the same spot, roughly the same house with a few modifications, the same fenced-in backyard and landscaping. It took 13 months to rebuild the house, and after they got settled is when they learned about the Conservation Easement. The previous as- built survey did not specify where the Conservation Easement was, and they don't have any of the documents from when they moved in due to the fire. When the second builder, Norton, turned in the site survey, it did not show conservation, and that is when it was requested to show the Conservation Easement. Ms. Evenson explained the difference between a pergola and arbor. The pergola is a little arbor that frames the little gardens which attract wildlife, butterflies, and birds. Mr. Evenson said they would not be in front of the Commission if they did not have the fire. In the grand scheme of things, it is 4 1/2 feet over. The north side of their property is filled with wildflowers. Ms. Evenson noted they put the fence exactly where it was prior to the fire. They were surprised that they were being asked to take it out, rebuild it again, for 4 1/2 feet, when they have a ton of open space in their backyard. They respect the idea of conservation, prairie restoration, and nature. Mr. Evenson said it's a little different because of a buffer. The first landscaper, who did the original house, put the fence in and did not note it on the original survey. They were the ones that got their erosion control money back. They were not aware of how that happened, but somebody must have come out and signed off on it. They realized they were over the line on this house. Ressler said it is difficult for the Commission to determine where the fence was previously placed. When someone hires a contractor to put up fences, it's their responsibility to know where they're putting them. He suggested asking the contractor why they encroached upon a setback if they had access to the survey. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 7 of 46 Mr. Evenson stated the first home built was through Gagne and they used their recommended landscaper and fence company, and they went up to the post where they said that the homeowners couldn't go beyond. He asked if at some point the company would have gotten their $10,000 down back and would somebody come out and sign off on that, that it was approved. Curtis stated she did not think the fence was shown on the first as-built survey, but is not positive. Mr. Evenson asked if Staff knew why they would not have shown the fence on there. Curtis said the Surveyor may not have shown it. The Inspector would have come out to make sure the grading was completed and it was vegetated and they may or may not have noted the fence. Ressler stated it would be good to know, although he didn't know if that would change the outcome or not. Without it being part of the application, it's hard for the Commission to tell. Libby asked the Evensons to give the timeline starting with the original build. Mr. Evenson said the original build was June 23, 2017. The fire occurred on July 13, 2018. They moved back in on August 9 of 2019. The landscaping was completed a couple weeks later. Mr. Evenson said they received a letter from the neighbor across the street which the Commission had referred to as some of the people who were really concerned about it. The individual said at first, he was concerned about it and then he wrote a letter of support. Ms. Evenson said it was from a developer's standpoint, Jeffrey Majkrzak. Mr. Evenson stated that was their next-door neighbor. The other individual was Bryce Johnson. Chair Ressler opened the public hearing at 7:10 p.m. Mr. Steve Bren, 540 North Arm Drive, said he was one of the groups that was very eager to have the conservation land saved as much as possible. He read Bryce's letter and hopes the Commission did as well because it's pretty moving, and from what he heard it sounds like they attempted to tow the letter of the law while they built their house originally and then in the intervening 26 months found that their line was 4 1/2 feet short. He felt asking them to tear everything down and redo it would leave more of a scar on the land than just leaving it as-is. They support Bryce's comments, and even though they want to keep the conservation district, their land is very beautiful and they have made a good effort to take care of it. Chair Ressler closed the public hearing at 7:10 p.m. Thiesse stated he sat on the Planning Commission as this was going through, and it was a very difficult situation and it was a lot of give and take about what could and could not be developed. The lines were drawn for the public, not the developers. He could see meandering the line a little bit if it is possible. They have plenty of land that isn't in the Easement and some that is, and if there was a trade of land, it keeps the accounting correct. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 8 of 46 Gettman said he would also like to see a literal exchange of land, but where the fence is there's no opportunity for that. It's kind of a slippery slope. This was part of a master plan and a horrible experience, but how are exceptions stopped with respect to the master plan. The gentleman that said he still supports it and the other person on North Arm are people that hired lawyers to fight against any kind of development and leave it as a golf course last time. He feels the Commission is scratching their heads right now to come up with a reasonable alternative that keeps within the master plan. Bollis agreed it is difficult. He liked the idea of trading spaces rather than eliminating the 10-foot line. In the 2018 aerial there is a fence with the old house which looks to be in the same position as the new fence. It was there at one point and okay; now it's not. But it is clearly encroaching. Erickson said he understands the difficulty of the situation and agreed with Mr. Thiesse in that this is part of something much larger than one house, one neighbor, a fence, and an arbor. The Commission needs to protect the concept of a conservation area with perpetual intentions. Erickson stated CUPs need to be renewed after a year. The Commission frequently grants variances to people, and five years later they sell their house and somebody else wants another variance on the same property. This started with a mistake that should not have happened. Moving the line afterwards doesn't right the mistake. Staff took a difficult position but it might be the right one, and he is tending to lean that way. Both Staff and Commission are sensitive to the home loss, but Easements are intended to establish areas for natural land preservation. If the life of the house is 50 years, it should go beyond that. Libby said he would tend to defer to Staff's decision. This is a precedent that isn't new; it has been a standard for a long time. He is both empathetic and sympathetic for the family. He does not blame the homeowner. There must have been credentialed professionals who were surveying and building and setting footprints that did not follow a fairly current establishment of the setback in a Conservation Easement. He does not think it is wise when that precedent has been set long-term that a change is made. He does not see any hardship or diminished use in quiet enjoyment of the property by having them move the fence line and arbor outside of the encroachment. He is not in favor of granting a change. McCutcheon said everyone wished it was a perfect process but it isn't. There are checks and balances to make sure a wrong is righted, and he thinks this is one of those instances. He is in favor of supporting Staff's recommendation of denial. Ressler stated when entertaining a variance, the Commission has to look at practical difficulties and several other items. When the CO was issued for the home in 2017, the survey did not include a fence. Therefore, the Commission has no ability to validate the placement of that fence. He is not sure if it would change the outcome of his opinion even if it did, because a clerical error does not seem to be a practical difficulty either. He wonders if this is a casualty of an oversight by a fence company that put a fence in the wrong place. That appears to be the biggest problem the Commission is facing; if that fence MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 9 of 46 was put in the right location relevant to setbacks that were afforded, there would not be this mess. There does not appear to be any circumstance that would mitigate a reason to place the structure within the proposed setback. The slippery slope is a real thing, because if it gets approved here, it sets a precedence for others. If this goes to the City Council, regardless of the Commission's recommendation, they could be in support of it. That's why there are two Councils: One to give recommendations; the other one to rule. The Commission provides feedback based on fundamentals, and the Commission has seen the ruling from the City Council to be different. He cannot support a fundamental reason to create a variance for what appears to be a mistake by the initial fence installer. Mr. Evenson asked when the fence installer installs the fence, whether it's an error on the Surveyor who did not denote that. Ressler said it does not appear the fence was located by the Surveyor, so he did not know if the Surveyor could be faulted for something that was not included in his survey. Mr. Evenson said the hard part is, they did not know and they thought it was approved. They spent thousands of dollars for the backyard project. They built it to-scale and it is a major project; it would not be as simple as bumping everything back. He is open to trading some space where the wildflowers are. He understands the Commission does not want the slippery slope, but it is a very unique circumstance. He noted there are people who wrote letters of support that were originally against this. Ms. Evenson stated she doesn't know how many people are going to have a fire and ask the Commission if they could take that into consideration as well. They have footage elsewhere to make up for the 4 1/2 feet they are asking for. Ressler said he appreciated the realistic comments, and it is tough to place blame for who becomes accountable. Regardless of what the Commission's recommendation is, it does not stop the Evensons from going in front of the Council and stating their case. The City Council might feel differently, but he is having difficulty with the information he has that would support a practical difficulty. Mr. Evenson said they never saw anything that showed where the Easement line was until the third survey came out. Ressler agreed they are just homeowners, they don't know what to look for, where to locate a setback, etc. He said that would be a good question to ask the fence installer, and they may have the burden to resolve/to make sure they are placing it in a location they legally can. Mr. Evenson noted this is the first time they have built a home, and they assumed everything was taken care of. He realizes not knowing is not a defense, but nobody came to them and said they couldn't do that. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 10 of 46 Ressler asked if the Evensons spoke to the previous fence company that did the installation in the wrong place. Mr. Evenson stated they do not know who it is and all the records are gone, but he could probably track them down by talking to the previous builder. Ressler noted the survey is recorded with the City but the previous builder should have records as to which contractor put the fence in. He noted if the Evensons were going to go to the City Council for reconsideration, they should get as much information as possible and try to figure out what happened and that it might change the outcome. Erickson said this is not a court and the Commissioners are not judges or lawyers but he had an idea he would throw out for free: If this encroachment has an effect on the title of the property, there is a chance title insurance might offer some compensation for the cost of moving it. Curtis clarified that it is a vacation, not a variance, that's being discussed. Ressler asked the difference between vacation and variance, stating he understands the Commission is granting the use of a structure in what normally would be a setback. Curtis said it would be vacating the area that is restricted to construction. Right now, there's a prohibition on building up to the lower red line that she indicated on a map, based on the Easement and the setback. The Evensons are asking to vacate 10 feet past the fence to the north so that they conform to both. Ressler asked whether there was any clarifying reason as to what the difference would be. Curtis responded it's a restriction on the use of that land. They own it just like they own land to the property boundaries. It's like a setback but it isn't a setback. It's an Easement granted to the City for conservation purposes and perpetuity. Barnhart stated there's a number of standards that have to be applied for a variance. There isn't that situation in a vacation. There's no provision in the Conservation Easement for a variance, so you have to get rid of the Easement for them to keep the fence there. Erickson moved, Libby seconded, to deny Application LA19-000085, Chris & Amy Evenson, 780 Lakeview Parkway, Conservation Easement Amendment/Vacation based on the Staff recommendation. VOTE: Ayes 7, Nays 0. Ressler told the applicant it still allows them to go to the City Council for reconsideration. 4. LA19-000086 J. MARIE FIEGER, 580 BIG ISLAND, PERMIT FOR DOCK ON RIGHT-OF- WAY, 7:31 P.M. - 8:28 P.M. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 11 of 46 The applicant, J. Marie Fieger, was present. Curtis presented a summary of packet memorandum. McCutcheon asked if the other lots have access to a dock and clarified he was referring to the docks adjacent to it. Curtis noted all the other lots on that side of the island are lakeshore. He said they have the ability to install a dock. McCutcheon asked where they could do that. Curtis said on the lake and asked McCutcheon to clarify his question. McCutcheon said he was referring to the lot above the blue one on the map. Curtis stated that lot is attached to another lakeshore lot. Gettman asked if Staff wanted to add, in Condition 4, that the City can use the dock. Curtis said if the Commission wished to add that, it could be added. Thiesse asked if the dock precluded citizens from using that property. Curtis said it did not. Thiesse stated they just can't use the dock. Curtis said they can't dock at the dock and use it. The right-of-way is 30 feet in width. The applicant would be afforded a 6-foot dock width which would not encumber use. Thiesse said it would probably need to be centered so the setbacks are met for the lake. Curtis agreed and said if there is some accommodation to be made for setbacks with the LMCD and the City and adjacent property owners, that could be entertained as well. Thiesse asked if the dock would be removed from the Easement or removed from just the lake when it would be removed in the winter. Curtis stated she did not know. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 12 of 46 Thiesse noted if snowmobilers use the area, the City wouldn't want a dock on it. Curtis said that's why they would want it removed. She believes there are things stored on the property presently such as a boat and some other storage-type items. Thiesse said another citizen would not be allowed to get a permit for a dock there, that this is the only property that can ask for a permit for a dock. Curtis stated he was correct for that side of Big Island, in order to meet all the conditions. Ressler stated the 6-foot width is wider than most docks and asked if there was any reason for the 6 feet. Ressler also asked if there were any contingencies that would revoke the yearly automatic renewal. Curtis said she used the guidance from the other permit issued in the past on the other side of the island. If the Commission felt it was excessive, Staff would make a modification. With regard to contingencies that would revoke the yearly automatic renewal, Curtis said the code is very liberal to the Council's discretion and it would be automatically renewable unless the City provides written notice to the permit holder 30 days in advance of the anniversary date. Ressler commented it's revocable, it does not have to be reviewed, but if Staff does not like something that's going on or it's not exactly what they agreed to, they can have that amended so it is not nearly as permanent as some others. Curtis noted it says "at any time," which she took directly from the Code. Bollis said Curtis referenced the other side of the island and asked if this has been done before. Curtis answered she found a record of one other. Ressler asked if the City has run into any issues with the previous permit. Curtis said there have been no issues. Ms. J. Marie Fieger said she is the owner of the two landlocked properties. 40 years ago, her dad and Mr. Robb's dad agreed where to move the dock for easier access. She said that leaves things more open for all the kids to play. She indicated her neighbor has agreed to sell a permanent Easement of 10 feet so it would stay exactly as it has been for 40 years. She knows it's not exactly what's permitted, but it would be best for all parties involved to stay with the agreement as it exists and leave the dock where it's been. Ressler said the request complicates things a little bit. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 13 of 46 Ms. Fieger suggested the Commission listen to her neighbors' comments. Ressler said during the public hearing they could maybe help explain things, but he'd like the Commission to ask some questions and he may bring the applicant back up after the public comments to help clarify. Ressler stated it is critical, because if they give the applicant access but see that the dock is placed in the wrong place and then pull it, the Commission has to do it over again in a year. He is not sure the way the applicant is wanting to do it works. He appreciates the applicant's comment because intention is helpful for the Commission. McCutcheon, referencing the red arrow on the map, said he understands the applicant would not want the dock there because it is a swimming beach and it's not easy to get to because there's a lot of trees. Ms. Fieger stated there is a ravine, so walking there is difficult. By having the shared dock to the far-right side, it doesn't infringe on anything else. As a landowner, walking up it's a fairly steep hill, but it's a direct shot. Thiesse stated in a perfect world the applicant would be purchasing an Easement along that property line. Ms. Fieger indicated he was correct. Thiesse asked what would happen if the City were to purchase that Easement and go through the same process. Gettman clarified that Thiesse was not proposing for her to purchase the Easement. Thiesse said right now the Commission is allowing her to be on a City Easement. If the City buys the Easement it is a City Easement, and she could put her dock over there and it's the same process. Ressler stated he would defer to Staff. Barnhart said that would imply the City is interested in buying additional land, whether it's Easement or right-of-way rights, which he does not believe the City is. It is important to respond to the request that's in front of the Commission, and if the Commission feels there's a different way to get to where they want to go that involves an Ordinance Amendment, they could add that to their recommendation. Chair Ressler opened the public hearing at 7:44 p.m. Mr. Selden Robb, 570 Big Island, said he owns the large lot in discussion. He used the map to show the locations of the docks. He stated if another dock went in the area, it's one more dock in the line cutting all the beaches down so there are smaller spaces. He asked if a dock is put on public property, can anybody on the lake who happens to know it's a public access come in and use the dock, or are the Fiegers going to MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 14 of 46 be able to say, "No, it's my dock, you can't use it," even though it's on City property. Mr. Robb said he'd like to sell Ms. Fieger a 10-foot Easement along that side which would give her an access. He understands there's a rule against that and he understands the rule but feels that doesn't necessarily apply to an island because it's not a piece of property that you can drive your car to and then have access to the lake. Ms. Fieger is completely landlocked; there are no roads to get to her place. She has to either use the street or go across his property. He asked that they be allowed to sell 10 feet of the property, sell an Easement, or a better situation than putting another dock on the shore. Ressler stated he appreciates the effort to try to get this to work. The Commission can't govern the lake; the Commission has to govern the land. He does not know if the dock would be protected from public use or if it only could be used by government or county officials. Curtis said Staff is asking for occasional City use of the dock and exclusive use for Ms. Fieger. Ressler noted that would eliminate a public right to use the dock regardless of it being placed there or otherwise. He indicated he understood Mr. Robb’s point. Mr. Robb explained that you can't drive to the other side, park your car, go through your house, get into your bathing suit, and walk down to the dock. The lake is the street to get to the island. It's not like it is on the mainland; it's a completely different environment. Ressler agreed that it is unique. Mr. Robb brought a copy of an 1856 plot map of Big Island, indicating Ms. Fieger's and his lots, and said with all the docks it gets tight so they are trying to keep things more open for everyone. Libby said he doubted the plot map is a document of public record and asked if Mr. Robb would be willing to give the Commission a copy of it. Curtis noted she thinks Staff has one. Libby mentioned he is a real estate broker and thinks in real property asset and value all the time because he was an appraiser, too. He asked if there was an offer of remuneration or exchange of dollars between the two parties for the Easement. Mr. Robb said they are looking at something but nothing too much. He just wants it official. He is doing it for ease of access. He indicated an area on the map and said if the dock would go there and J. Marie sells her property, Mr. Robb has strangers walking past his house. The property line is 2 feet off the side of his house. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 15 of 46 Libby noted Mr. Robb would probably be one of the best sources for the proper pronunciation of the First Nation's name of this island and asked him to pronounce it. Mr. Robb stated there is a thing called Mapiyata but that is not the Big Island. He pointed out Morris Island, Big Island, and Mapiyata on a map and said it used to be a separate island. The channel was built because the O'Searles, who had lavish estates on one end, and the Morrises, at the other end, didn't get along. O'Searles brought some people in to dig the channel to define the property line. Libby commented there is really no launch access for the residents that are on the island. Libby asked whether there was any common launch anywhere for someone who was landlocked to actually launch a boat even as a day dock. Mr. Robb stated Ms. Fieger is the only place on that half of the island that's completely landlocked. There was no common launch. Erickson asked how a boat would get there. Mr. Robb said one would have to have a car or a truck permanently stationed on the island in order to do that, which nobody does. Mr. Web Hill, 620 Big Island, said his understanding of the Easement is for fire, safety, police, barges, those types of things. If there is a dock there, a big barge can't come in. Firemen can't come up there with their boats and their equipment or trucks from barges. It really brings an element of safety as well, putting the dock in the Easement that was really stipulated for public utilities, fire and police type of things. Also,12-13 people agree that the right solution is a variance and to allow an Easement from Tom Robb to Ms. Fieger. Mr. Hill noted that variances happen all the time. He asked why the City would not allow a variance here when the community that lives here are all supporting that variance and it enables the safety that everyone is looking for. Ressler stated an emergency vehicle could commandeer anybody's dock for putting out a fire and they do. The other application is a little bit different because they own the land already; it's just placement of the dock. Regarding emergency vehicles, it appears that the right-of-way where the dock was going to be and now is not going to be does not seem easily traversed to access anything to extinguish a fire, which could be a difficulty as well. He hears Mr. Hill is in support of it and the Commission appreciates that. The Commission has to come up with reasons to approve other than the general public in the immediate area/surrounding area support it. Mr. Eric Adams, 600 Big Island, said he wrote the Commission a letter. He said he could show the Commission multiple pictures of construction vehicles which come by barge that are dropped off and MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 16 of 46 placed in that right-of-way. Mr. Erickson was talking about a slippery slope. He has concerns about putting a dock in there and somebody buys this property and then it's restricted to this many feet and then they want to make it a slip and then they want to make it a little bit longer. If the dock is 6 feet wide and the right-of-way is 30 feet, that's going to put 12 feet on either side, so any boat wider than 7 feet would be encroaching on what he believed is a 5-foot setback for a property that is 50 feet or less, which is what he believes the Code is. Curtis stated that is LMCD's rule. Mr. Adams said many boats are larger than that on Lake Minnetonka, especially for somebody that is buying property on that island, so you're already talking about encroaching on Mr. Robb's property or his own. This isn't us versus Ms. Fieger. She is against this permit as well. He thinks the solution is to allow the right-of-way. He said all the people along the western shore have a very steep shore, and those people have used that right-of-way as a place to drop off construction vehicles. Ressler asked whether it is a City right-of-way. Curtis indicated that it is. Ressler asked if people are going through the City right-of-way, noting that it seems wooded and wondered how they are getting through there. Mr. Adams stated they can go right up. The power lines run the length of the right-of-way as well so there is space there. Because it is wooded there are branches coming down, and there have been two cases where the lines were live and in leaves and it's dangerous, which is why the fire issue was brought up. The people on Lafayette Bay have lakeshore access but the property is a very steep hill, and you couldn't get a construction vehicle up one of those. The only access is through the right-of-way and you come by barge. He realizes a seasonal dock is not considered permanent, but he finds it hard to believe that somebody is going to remove their dock every time somebody wants to have a construction barge come out. They are arguing to maintain the system that's been in place for 40-60 years that everyone has gotten along with. This would be a permanent solution that allows the City to maintain its Easement. Because Mr. Barnhart indicated the City probably doesn't want to buy any land, another solution would be to swap pieces of the right-of-way over to the side and maintain a 20-foot right-of-way, swapping 10 feet of property with Mr. Robb, and that would allow the Easement to go up the side. It seems like there could be a solution without taking the public's right and the property owners’ all along the west side, approximately seven, that would need access to this right-of-way. Ressler stated he was also going to bring up a land swap or relocation. He was discouraged to hear there are power lines on that side and it's already accessible. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 17 of 46 Mr. Dennis Walsh, 1354 Rest Point Circle, said he is always amazed with all the unbelievable things to deal with in Orono with all the shoreline. He noted the Commission has an item in front of them that they need to address. Solving a different problem is not in front of the Commission right now. He thinks if there's anything that lends itself to an exception for a very specific piece of ground, that they could work with the City Attorney to come up with an Easement that has not yet been created, has not been sold, has not been agreed to. He thought the Commission could make a recommendation to forward something for the consideration of the Council to figure out what is the solution. He thinks this is something that can be solved, but he would defer to the City Attorney regarding how to create that. Ms. Penny Saiki, 2874 Casco Point, said she lives across from the public access on Casco. They removed the dock 3-5 years ago because of legal liability. If you put a dock on City land again, you're opening yourself up to liability. Whether that has private use or not, it's a dock on the water. She said all the people that live there are cooperating, bringing up a solution. Regarding the access, at Casco where they did the land restoration, that sewer manhole was in water so they restored it with dirt. That's not a road Easement and that's on the water. So, if you're going to have emergency vehicles going out there, that is not built as a road so you will have erosion of that very quickly and, you've got a road right on the water. There's also no turnaround for an emergency vehicle. Ressler agreed there is definitely not, nor is there a use for an emergency vehicle. Mr. Robb said the electrical power and the phone lines for the entire island come up that Easement. If you put a dock out in that waterway, how are you going to guarantee you don't put a dock post down and hit that high powerline. Ressler stated that was not helping the case of the application. Mr. Robb said that is another reason to move the dock, because otherwise you might hit a 12,000-volt buried cable in the water. Ressler noted Mayor Walsh is encouraged that the Commission could find a way to make it work and it might not be how it is proposed right now. Motioning one way or the other gets the Commission to move along and allows them to work together and try to find a way that might make it work. As it is applied does not work with what the applicant would like to use it for, so he thought it would be prudent to motion and deny the application and allow the applicant to go in front of the City Council and start working on a way to make it work. Gettman stated he would move in that direction with one caveat, which is to amend Section 82-255, to allow the private Easement on the RS-only properties to allow landlocked RS property direct access to the lake. That's a suggestion to be considered by the City Council but separate from the movement to then have this application be denied. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 18 of 46 Ressler suggested to make a recommendation as such and see if that can head off some of the public discussion, close the public hearing, have a discussion, and make a motion to allow this to find a solution on another date. Ms. Saiki noted all of those accesses that were on Casco, the landlocked lanes, were abandoned because there were Easements on property that had access. Chair Ressler closed the public hearing at 8:07 p.m. Gettman moved, Erickson seconded, to abandon and deny Application LA19-000086, J. Marie Fieger, 580 Big Island, Permit for Dock on Right-of-Way. Libby said the Casco resident brought up an issue that supports the Mayor's recommendation. There are aspects of liability for the City if a dock were to be installed there, and the Commission should condition that this should be brought to the attention of the City Attorney. Ressler noted what is in front of the Commission does not work for the application. Libby indicated it is very perplexing because there is a citizen’s group of residents who are advocating more for a City issue and Staff is advocating more for an approval to the applicant to use the City right- of-way. Thiesse noted the request was to have a dock on the City right-of-way so that's what's been brought forward. Whether or not the applicant or the community wants that, that is what is in front of the Commission. If it is not going to be used, does the Commission deny or approve it. Ressler said approving it would not do any good because it is not going to suit what the intended use is. Denying it and allowing the Council to start working on a solution that works is prudent, and that allows Staff to work with the Council on something that might be agreeable. Barnhart noted there are two issues: one, responding to the request in front of the City; two, perhaps there are other options to address the issue that might be more palatable to the neighborhood and the City. If the Commission elects to deny the application, reasons must be given. There's no other written Easement, nor can there be, so an Ordinance needs to be taken. He is somewhat cautious of recommending denial on an application that conforms to the City Code standards. A denial relies on two things happening: One, an Ordinance Amendment against the longstanding practice, which may be approved but requires that process; two, a private third party to grant an Easement. He does not want to put the applicant in a position where those two things have to happen for them to have dock access. Ressler said he is not sure the space can be used for what the applicant would like to use it for. Also, one of the public comments was the concern of blocking use for a barge or other vehicle to get access to MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 19 of 46 power lines, among other things. Another concern, perhaps not having enough information as to what that terrain looks like. For instance, it looked like a heavily wooded area that was not even passable but now he knows that there are power lines there, which tells him he doesn't have enough information to make a decision to approve it. He also thought there may be a better placement for all parties involved for the dock. McCutcheon stated there's precedence of doing it for a landlocked lot on the other side of the island, so he supports approving it, and maybe between now and when it goes to the City Council something else will happen. The Commission needs to respond to what is in front of them today. Thiesse stated he agrees with McCutheon. Ressler said the tables have turned and the Commission appears to be in support of the application even though it does not work for the applicant. Curtis stated there is a motion and a second on the floor. Ms. Katie Adams, 600 Big Island, asked if J. Marie could pull her application since there are other potential solutions. Curtis stated she should not. Ms. Adams said one of the things she sees as a problem is the safety. There is a significant cable there. Anyone who has kids and any boaters that come, they tell them to stay away from that area. By the Commission approving that, they are going to put the general public in safety's harm by providing it as an access point. McCutcheon noted it will still go to the City Council. The challenge the Commission has is, a lot of the information being talked about is not in the application. Understanding the practical difficulties and precedence set before, the applicant will get a dock to get access to her property. Right now, the only way that's feasible is through that lot. Ms. Adams asked if it is on public record that the Commission is approving this as a potential option and there is a resolution after the fact in the other meeting, isn't some sort of precedence being created that it is an option that is viable on the table that could be brought forth again. She does not want that. Ressler indicated the previous application that was placed was the precedence the Commission is facing that helps close the loop on what the Commission was discussing on the application that we started out on and heavily deliberated earlier in the day. There are two things: One, yes, it does; two, this does not make it so, for lack of a better term. The Commission provides feedback to the City Council, and then they make their decision. What often happens is that the applicant is able to change gears and either provide MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 20 of 46 more information or a better solution that might work, regardless of the Commission's feedback. Saying this fits into the application as proposed does not mean it will be approved by the City Council, nor does it mean that the Commission is ignoring that it's the best place or not the best area to be placed. It is a difficult application. He does not remember having an applicant say that where they applied to put it does not work for them. Ms. Adams said if this isn't a good fit, there is public consensus that is in agreement with another alternative, it makes the most sense to deny it. Ressler said the Commission appreciates the feedback and they were about to vote. Ms. Adams said she just wanted to be sure, as she heard some people choosing differently. McCutcheon noted that the neighbor who is offering might change his mind when he walks out the door and how would that help the applicant. That is probably not going to happen, but people can't predict the future so the Commission has to deal with what they have today. That's why the Commission sticks with the rules. Ms. Adams said she was confused, because there were so many arguments against it, that it would even be a plausible suggestion. Ressler noted that's the beauty of the vote. There may be a couple people saying this is probably not how it's going to end, but the Commission has to come up with a ruling to get it to the next place. Erickson stated he believes there is a motion on the table to deny. Gettman asked if he could amend the motion. Mr. Robb asked if the Easement on the other end has a power line coming up. Ressler said the Commission does not know. Mr. Robb stated he can tell the Commission it does not, because the power line goes behind their property, splits, goes across, goes under the channel, feeds the other half of the island, and goes under the lake and feeds Gale Island. Ressler said everyone needs to understand that it is going to be different tomorrow than it is today. The motion can be amended, but he needs to get feedback from Staff as to whether the Commission needs to vote on it as proposed or if the motion can be amended and reseconded. Curtis stated it can be amended and then reseconded. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 21 of 46 Gettman moved to amend the motion to approve with condition changes to the Staff recommendations. The first one would be item number 2, that the dock shall be removed for the winter season and not be placed anywhere on the Easement; item number 4, that the permitted use is not exclusively for the applicant but also for City use as the Public Works Director deems appropriate. And add a number 7, that it in no way impact the utility and public Easement usage that's on the current public Easement. Gettman requested item number 7 also include a change of the allowed dock width to 4 feet from 6 feet. Ressler asked if there was a second. Curtis stated the second had to come from Erickson. Erickson stated he would not and planned to deny the application. The Commission and staff discussed who made and seconded the motion on the floor. Curtis indicated the Commission would have to vote on the first motion since the motion to amend was not accepted. Ressler stated there is a motion to deny the application and it has been seconded and the Commission has to vote on it. Erickson said he would like to comment before the vote. He recognized Adams wrote a very good letter and spoke to the Commission earlier. He was impressed by his letter pointing out that the right-of-way is the point of entry for power lines that serve the entire island and that it is also used for construction vehicles, used by barges and emergency vehicles and access for watercraft, which, even without a dock, other residents could use it for canoes or pontoon boats or paddle boards, etc. A number of residents have spoken in favor of leaving the access the way it is. Two reasons that impressed him most are the power lines both overhead and underwater, and also the construction barges which are not going to come in the winter, they can only be there in the summer, which is when a dock would be there. That would cut off all the construction activity in the area. He thinks the public has a strong interest and the Commission should leave it the way it is. If some other solution can be found, then the Commission can vote on that, but it is not philosophically honest for the Commission to vote in favor of something the Commission knows isn't wanted, can't work, and causes problems. Ressler noted there is a motion and a second on the table to deny the application. McCutcheon stated he felt the Commission could deny on the grounds of safety. He was looking at it that Ms. Fieger needs access to the island. He can't predict the future, but if the Commission denies for safety reasons, it doesn't mean she won't get access to her property. There's got to be another way. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 22 of 46 Bollis asked what the other way would be. Erickson commented her family hasn't had a dock since 1974. Then they made a deal with the neighbor. They haven't used a right-of-way for dock purposes; no one has. Libby said there seems to be an elephant in the room, which is the fact that there is at least hearsay from people who have lived on the island for a long time and have been served by the underwater electrical that there would be a hazardous condition established by granting. He asked if Staff has engineering reports or utility service surveys that would disprove that. Ressler indicated not in the application. Curtis stated that was correct and noted it would be something that Staff could obtain but it is not information Staff has right now. Ressler reminded everyone that the application will go to City Council before anything becomes finalized. The discussion is appreciated, but there is probably a lot more preparation required. VOTE: Ayes 6, Nays 1 (Bollis). 5. LA19-000087 MELISSA MUSGJERD, 4156 HIGHWOOD ROAD, RIGHT-OF-WAY VACATION, 8:28 P.M. - 9:06 P.M. William Griffith and the applicants, Scott and Melissa Musgjerd, were present. Curtis presented a summary of packet memorandum. Ressler clarified Curtis' comments that the DNR has not formally weighed in but indicated they would be opposed. Curtis confirmed his statement. Ressler stated in the DNR's opinion there is not a public benefit in vacating the right-of-way and eliminates what could be or already is public use. Curtis indicated his statement was true. Erickson said, if the DNR opposes, they do not have the authority to veto. Curtis stated that is true. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 23 of 46 Erickson referenced a map which showed the immediate area of West Arm, and asked if the red arrows indicate ones currently available and the black arrows indicate ones that were vacated. Curtis confirmed Erickson's statement as correct, that she found three had been vacated and she included the supporting vacation documents in the packet. Erickson stated he tried to reconcile the map with part 4A of the Transportation plan, which lists the various lake accesses on Lake Minnetonka. He looked under West Arm Bay, and they are listed numerically, adding that the smallest number is 27 and the biggest number is 35. He was trying to match up the arrows on the map with the chart and the guide plan under the 4A Transportation heading. Number 27 seems to be off the edge of the map to the left. Curtis stated it is under the boundary line of the City, and indicated the area on a map. Erickson indicated that was off to the left side. Curtis indicated the area and stated it's a PID. She indicated it's a right-of-way for drainage, it's very steep, and it is under the dotted line on the map. Curtis answered questions of the Commission relating to the map and Transportation plan and dates of easement vacations. Ms. Melissa Musgjerd, 4156 Highwood Road, said she is present on behalf of her husband, Scott, and their neighbors, Douglas and Roban Smith, who live in Florida during the winter so they were unable to attend. She said their goal is ultimately to be granted this vacation because they have more improvements they would like to do to their house. This piece of property is something they and the Smiths have asked for numerous times and it has come to their attention that maybe this time could be the time. Ms. Musgjerd stated they've requested the help of Bill Griffith today to facilitate with the process. Their goal is to improve the neighborhood -- it's a very congested street, there's no parking other than what is available in driveways -- and to take care of the continued erosion problems they have with their home and the piece of property next to them. They want to work with everybody to keep everybody happy. Mr. Bill Griffith, representing the property owners on either side of the alleyway, said he feels this is an opportunity for both the public and private interests because the alleyway shows up on a 1909 plat so it's 110 years old. It's a very steep slope; it's not really a good public access. Until a City activates a right-of- way, it doesn't necessarily become a public access. You need improvements to make a public access. There are better locations on the lake, including about 600 feet from the location, which has more gradual slopes, less shrubbery and trees. What the applicants are hoping to accomplish with this vacation is to open up this right-of-way for use by the adjoining property owners and also to provide the necessary public Easements to continue to serve the improvements that are on the property, the storm sewer. Curtis indicated this property has a sanitary sewer. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 24 of 46 Mr. Griffith said there's no objection to that and the applicants can work with City Staff to resolve that. You take an alleyway that was granted in 1909 with nothing more than that description, and instead you exchange that for a Permanent Easement which will describe exactly how this property is best used. As the City looks at the long-term of access of the lake, it makes sense that the City would focus on access points where either there are existing improvements or there's an opportunity to put in existing improvements. The grades and erodible soils do not allow for that in this location, which is the basis for making the request. He understands the Public Works Director's need to want to provide access to the sanitary line. He thinks there are appropriate conditions of approval that could attach to this vacation that will allow that to go forward and then everybody essentially wins. If the City decided to open up this right-of-way for public access, it would dramatically change the condition of the property. He does not think it is an appropriate place for access; there is an access 600 feet away. Chair Ressler opened the public hearing at 8:45 p.m. Mr. Phil Otto, 4116 Highwood Road, said he has lived on two different properties on Highwood Road for 32 years and they have been using this Easement as a winter sports access to Lake Minnetonka the whole time. They look at it as a real benefit to living in the neighborhood and would like to keep it that way. Mr. Jim Cleary, 4109 North Shore Drive, stated he has lived there for 38 years and has been using the access in the summer and winter for various sports and different things. He used to maintain it by keeping the shrubs cut back as well as keeping the rocks along the shoreline in good repair so they could access it with snowmobiles, and so forth. He is in favor of keeping it as a public access so people can continue to use it. In addition, there are no fire hydrants in the area so it's a good spot for accessibility for the fire departments if needed. Mr. Jon Bakke, 4150 Highwood Road, said he has lived there for 19 years. He is directly across from the access and it is the only access that he knows of to the lake. The one down a little ways seems to go through somebody's yard. He said the access is one of the most appealing things when he first moved there that he found out about. He indicated the two properties are already on the lake; they have lake access. There are all kinds of neighbors behind them that have no access, and it is something that he really wants to keep. Mr. Jim Cusack, 4140 Highwood Road, said he and his wife have lived across the street from the lake access for 28 years. One of the factors that had them stay was the fact they had lake access right across the street. For the people that live on his side of the road, not only does it give them access to use the lake, it also adds value to their homes and it gives everybody that doesn't live on the lake access to recreation. Ms. Laurie Celms and Mr. Erick Celms, 1535 Highwood Lane, said they have used the alley for many years and have lived there for 28 years. She stated it has never been closed off. They have helped maintain it, kept it clean, used it for snowmobiling, for lake access. It's been a great opportunity for them MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 25 of 46 and their kids when they were living at home. It's a great way to enjoy summer especially, and they also used it for winter activities like snowmobiling. They are in favor of keeping it open. Mr. Penn Bowen and Ms. Suzanne Downs, 4190 Highwood Road. Mr. Bowen said his primary concern is one of safety. There are no fire hydrants on the street, everybody on his end has a well, and if there is a fire, the suggested access, which is closer to 19, would be that much farther away. He knows fire trucks are modern and they can often carry water, but taking the access away doesn't serve the community, especially in an emergency situation. A reduction in the benefit is going backward, in his opinion. Ms. Downs stated they enjoy the access very much. They have lived in the house 21 years, their two children grew up there, and even as small children they used the access to the lake. Mr. Bowen said he does not feel it is rugged in any way. It is not that steep. In the wintertime the incline has nothing to do with anything, it's packed in with snow, and you can't see any problem as far as ruggedness or anything like that. Also, it is a selling point for people who don't have lake access. One of the strong aspects to having two on the street is that there are two, and getting rid of the corridor to the lake could possibly affect home value. Mr. Griffith said he wanted to make clear that any Drainage and Utility Easement down to the lake would continue to provide access for firefighting purposes. Chair Ressler closed the public hearing at 8:55 p.m. Barnhart stated the public hearing would be continued to the City Council meeting to allow the DNR to provide comment during the public hearing. Ressler stated the public hearing would be continued but it would be brought back to the Commissioners for discussion. Thiesse said he is from the old school, and if there is not a purpose to get rid of it, he is not for it. He stated there was a lot of representation of public use to this property, and he does not see why the Commission would be talking about vacating this property. Gettman said this is a lake access issue and he does not see the justification for the vacation. Bollis stated he agrees with Staff. He does not see a public benefit to vacate it, and the public uses it. Erickson asked the applicant if there has been a proposal of monetary compensation to the City. Mr. Griffith said the Smiths and Musgjerds have proposed $35,000 as payment to the City's parks. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 26 of 46 Erickson asked if the money would go to the park fund or to the City. Mr. Griffith said it would be to the City. They were not designating where it would go but thought that was the purpose of the payment. Libby said he saw what appears to be some capital improvements. He was not sure, since there seems to be a uniform riprap shoreline, whether the City installed the riprap shoreline or not. Curtis said she was not positive, but there have been occasions where applicants have asked for an encroachment agreement to continue the riprap. Libby said there seemed to be, closer to 4156 Highwood Road, a capital improvement of some type of wall structure, and asked if this was something that was constructed by the applicant. He also asked whether it was constructed with the City's knowledge. Curtis answered that it was constructed by the applicant, there was not a permit, and the City did not approve it. Libby noted it almost looked obstructive to the alley right-of-way or the public access to the lake and suggested the applicant speak to that. Libby noted the City Engineer mentioned it should be removed. Libby indicated that it again is a situation where it's the good of many over the good of a few. They have seen a lot of legitimate hardships with narrow lots and having to accommodate new and remodeled structures. These lots are fairly good-sized, and as long as there is a public good served by the alley, he would tend to not be in favor of granting a vacation. McCutcheon stated he leans towards denying the application. Ressler said he gives a lot of weight to the other governing authorities as far as their feedback. The DNR preliminarily being opposed carries a lot because they probably know its use more than the Commissioners do. Relative to the other ones the City has vacated, it appears this one is being used. He appreciates the argument that says if there's not a formal driveway or paved road, it's not formally being given as public right-of-way, but it is being used as such. Although he appreciates a lot of the arguments by the homeowner as to why a vacation is prudent, he is opposed to this particular application. Erickson asked if the public hearing would be continued. Ressler answered it has to be continued. Erickson asked if that would be with the Planning Commission. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 27 of 46 Curtis stated the Planning Commission will make a recommendation and continue holding the public hearing open to the Council meeting. Erickson clarified that the continuation of the public hearing will occur at the Council meeting. Thiesse moved, Libby seconded, to deny Application LA19-000087, Melissa Musgjerd, 4156 Highwood Road, Right-of-Way Vacation. Erickson stated part 4A of the Transportation Plan gives some guidelines for decision-making as to vacating lake accesses. It points out that a number of the access corridors have steep topography, shallow water depths, undesirable bottom conditions, and/or dense vegetation and experience little or no usage. The implication is that those that have those conditions might be good candidates for closing. This seems to have those such as the steep topography, and just about all of those who have come forward have talked about mostly winter use, so it might be a fairly decent assumption that the water depths may be shallow or the lake bottom conditions may be undesirable, mucky or whatever they are. On the other hand, from the comments of the neighbors, it's difficult to say that it's experiencing little or no usage. He is not sure how he is going to translate that into a vote. He thinks the guidelines are fairly good. VOTE: Ayes 6, Nays 0, Abstain 1 (Erickson). 6. LA19-000089 CHARLENE BYSTROM, 275 CRESTVIEW AVENUE, VARIANCE, 9:06 P.M. - 9:17 P.M. Jim Cleary, Everlast Enterprises, Inc., was present. Oaken presented a summary of packet memorandum. Ressler asked whether the application was 2017 initially or '18. Oakden indicated it was '18. Ressler asked if at that time the setback was around 30 feet. Oakden stated the requirement is a 50-foot rear yard setback. The variance in 2018 gave them a 40-foot setback for the house and a 30-foot setback for a 10-foot deck to be added on to the house. They want to add stairs to access and use their rear yard, which makes it a 20-foot setback because of the stairs structure. They are requesting 10 additional feet, 10 feet closer, for deck stairs to their rear yard. Ressler stated the Lot Analysis Worksheet indicates the rear required 30.8. Oakden said she should have clarified the information better. Required is 30.8, noted because of their 2018 variance. 30.8 is what they were granted in 2018. For the zoning district it's a 50-foot setback, and MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 28 of 46 they are requesting roughly 10 feet for the 20.9-foot rear yard setback. They are allowed the 30.7 for the deck structure. Gettman asked whether the deck and stairs were already built. Oakden stated they were built with the house. It was reviewed as part of the as-built survey that the stairs itself were not permitted, so the applicant chose to go through the variance process to request them. She believes if the variance is not allowed, the stairs will not be permitted. McCutcheon noted the property owner is in a large zoning district and they are the oddity with the smaller lot but the neighbors already have detached garages within the setback. Mr. Jim Cleary, 4109 North Shore Drive, the home builder, stated he got a variance for the backyard setback. The homeowners bought the house before it was finished. They asked him to put stairs on the deck and so he did. He was later informed upon inspection the deck stairs did not conform. At that time, he said he had a variance for the backyard setback; they said no, that was to the back of the deck. Mr. Cleary would like to get the homeowners the variance because they have two dogs that access the backyard as well as the deck is far enough off the ground where they can't jump. The homeowner has completely fenced off the backyard, so none of the neighbors can see the stairway or the deck. Gettman asked if there was any reason why he couldn't put the stairs off to the side instead of coming straight off the back. Mr. Cleary said he could have but chose not to because it would block off the windows, which is the only light into the finished lower level. Gettman asked whether, if the stairs were put in the other direction, it would have been impacted by the other setback. Mr. Cleary stated they could not, that there was not enough room on the side yard. Chair Ressler opened the public hearing at 9:14 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 9:14 p.m. McCutcheon stated he lives close to the area and he has a 2-acre lot with the same setback, but it is a small lot in an odd district and he sees the practical difficulty. If they were in another district, it would not be a problem. He feels they are a victim of position. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 29 of 46 Libby, Erickson, Bollis, Gettman, and Thiesse indicated they have no objection to the variance and tend to support Staff's recommendation. Ressler stated the Commission hates to see things a second time. He does not feel anything was done intentionally to come back after the fact and ask for forgiveness instead of permission. He does not have a problem with it and agrees with Staff that this does not seem to be too egregious of a change. If this were not built already, he would have asked it to be built to run alongside of the back and said the City Council can decide on that. Erickson said if this encroached on a Conservation Easement, he would change his vote. There isn't any on this property, so he is happy to support the application. Gettman moved, Bollis seconded, to approve Application LA19-000089, Charlene Bystrom, 275 Crestview Avenue, Variance. VOTE: Ayes 7, Nays 0. 7. LA19-000090 BRENT TEELE, 577 PARK LANE, VARIANCE, 9:17 P.M. - 9:26 P.M. Jesse Hartung, on behalf of the applicant, was present. Oakden presented a summary of packet memorandum. Oakden stated the neighbor at 560 Park submitted a letter of support for the application and the neighbor to the south signed an acknowledgment form to say they spoke about the project. Ressler asked Staff to enlighten him about the structure existing today versus what's proposed. Oakden stated today it is a house with a lower level screened-in porch. What they are proposing is a new roof line, new gable. They have a current second-story deck, so they're looking to extend the roof line to make a 3-season porch. Oakden answered questions of Commissioners, indicating there is no roof right now; rather, it is a second-story deck that is uncovered and the applicant has a 3-season porch off the main level and an open deck above. The lower level is completely enclosed currently so it's counted as structural coverage. From a massing calculation/structural coverage it's already in the calculations, but from a visual impact and with the average lakeshore setback, it's a new protrusion into that setback which triggers the need for a variance. Erickson asked if it would be a fair statement that they are moving the screened area from the lower level to the upper level. Oakden said she is not sure if they are changing the area, but they are looking to screen in the second level which is currently an open deck. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 30 of 46 Erickson noted it is not like they never had a screened porch before; they've got one now but in a different place. Ressler asked if there is a photo of the screened porch with the second-floor deck in the packet. Oakden responded they have not built it yet; they are proposing it. They submitted it as part of a building permit application for the home addition from earlier this year. Staff held their permit so they can go through this process and work through it all. Ressler noted this is an amendment they are trying to make. Oakden stated that was right. The City issued the home addition permit and the homeowner is hoping to get that wrapped into this project, so that's why they are going through it now. Mr. Jesse Hartung, contractor, 18837 Ogden Street, Elk River, said he is representing the applicant who is out of the country. He stated their understanding as a builder was that they were looking at hardcover. You learn something new every day; massing is new to them. They did amend the plans for the addition, and now they are requesting that they can extend the roof line. The lower section is all there; there has been no construction done. He indicated an area on the drawing and stated that everything below that area is existing and it is a flat roof that sits above it. The railings are existing currently for the deck above. He was proposing to take the existing gable that is on the back of the house, which would look exactly the same, and just extend it farther out to cover that as well as screen it in. Chair Ressler opened the public hearing at 9:25 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 9:25 p.m. Ressler said in the past, the Commission has approved a variance when someone is just going up and not doing something exotic or egregious. The roof line does not appear to exceed the proposed roof line of the previous project on the main part of the house, nor is it a high ceiling. Thiesse stated the average lakeshore setback is set to protect the neighbor's view of the lake, and the most affected neighbor has written a letter saying that they are in favor of this. The limiting criteria for him is if the neighbors are happy with it on an average lakeshore setback. McCutcheon moved, Erickson seconded, to approve Application LA19-000090, Brent Teele, 577 Park Lane, Variance as applied. VOTE: Ayes 7, Nays 0. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 31 of 46 8. LA19-000093 ALEXANDER DESIGN GROUP, 1971 FAGERNESS POINT ROAD, VARIANCES Item Number 8 was removed from the Agenda. 9. LA19-000094 DAVID BURDA, 1966 SHADYWOOD ROAD, VARIANCES, 9:26 P.M. - 9:45 P.M. The applicants, David and Cindy Burda, were present. Oakden presented a summary of packet memorandum. Mr. David Burda and Ms. Cindy Burda, 1966 Shadywood Road, stated they bought the home in September 2019. This house sits inside the 75-foot setback and they know this house would never be approved to be built today. The distance between his house and his neighbor's house is roughly 2 feet. They are requesting two improvements. One is for safety; the other is for more privacy. The first request is for a breezeway. It's 6 feet between the garage and the house and it is a pretty narrow space, and in that narrow space you're traversing three steps and two doors, which can be challenging. Also, the main service power lines run right across the corner of the garage over the roof of the entrance to the back of the house. He referenced pictures he created with PowerPoint to show what the roof line would look like. His second request would be to take out the bay window, put in a door, opening it up with sliders and windows, and adding a couple of steps going down to a patio that would be both flagstone and grass. This would give them direct access to their boat docks. The only other access is through the side of the house where they basically step out the door and they're pretty much 10 feet from the channel. Adding the new access point would give them a little more privacy in moving from house to the dock area as well as just sitting in an area that would remove themselves somewhat from the channel traffic. They are planning to remove a good amount of hardcover to offset any hardcover impact from the proposed patio, including reducing the size of the deck and a few other things. In response to questions by Libby about the breezeway being under roof and cover and whether it would also have footings, Mr. Burda said he wanted to make sure that it was not built yet. It would be a 3- season, so there would not be any heating out there. The garage is slab-on-grade, so they'll dig footings right off the garage, it will be built, connected permanently to the house. There is something called a slip joint that allows for the breezeway to remain stable while the garage can move up and down with the frost. As he looks at the cracked concrete which sits between the house and garage, you know there's movement going on. He understands from an engineering standpoint there's a way to construct it to allow for that movement without permanently attaching the breezeway to the garage. Mr. Burda said the main house was built in the 1940s, there was an add-on in the 1980s, the garage was part of a variance granted in the early 2000s, and in that amount of time you can see the amount of movement that's taken place over the winters. McCutcheon said he understands the practical difficulties. In Minnesota a garage being connected to the house is a big deal. He also agrees with the privacy concern. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 32 of 46 Mr. Burda wanted to comment on the record and tell the Commissioners how awesome the staff is, especially Laura, and the Commissioners are fortunate to have them on their team. Ressler said the Commissioners tend to agree. Chair Ressler opened the public hearing at 9:38 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 9:38 p.m. Libby stated he would tend to agree with Staff on this. There are some practical difficulties, a very small lot surrounded by water. The additions that are proposed and the way they are articulated make for attractive improvements, and it is worthy of giving them the guidance that's already been given and granting the application. Gettman said the proposed breezeway makes sense. He is not sure he is reaching that difficulty/hardship with respect to the hardcovers and what they are swapping out. Privacy is part of it, but it's the struggle of the slippery slope of authorizing basically an improvement without any justification beyond the privacy question. The applicant already has the view with the bay window, but it's expanding and trading that hardcover which is what he is struggling with. Thiesse stated he had the same concern but he has never lived on a property in this location. He doesn't know if anyone has experienced the practical difficulty because it is a busy area and privacy is important. The Commission has gone through many applications where it was a reduction in hardcover and the Commission was happy with it, so he is leaning that way for that reason. Ressler asked whether he is for or opposed. Thiesse stated he is for it. He understands the applicant's practical difficulty and he has voted many times for a reduction in hardcover. Ressler said the practical difficulties are identified, but on the small envelopes what the Commission usually asks for is a reduction in structure or hardcover or both as a compensating factor. Where he is conflicted is, he thinks what is right for this property is a whole new garage built attached to the house. That way you're not adding structure to an already really tight lot. He is not going to formally say he is opposed to it, but that is what he goes back to. Thiesse noted they are not over on the structure coverage; they are within the structure coverage. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 33 of 46 Ressler stated the total lot structure is 2,000 feet. Thiesse said they are at 1,817. The hardcover is the struggle, and they reduced it. Gettman commented the applicant already has it and they're moving it. Ressler stated he can appreciate that. The proposal is 1,817. They're going up from 1,771, which is not a great amount. Gettman noted he is not opposed to it. Erickson said, given the constraints of the lot and the uniqueness of its location and the applicant's willingness to reduce the hardcover, it is worthy of his support. Ressler clarified his initial concern and said it is not exceeding the allowable structure, so that seems reasonable to him. Libby moved, Bollis seconded, acceptance of Application LA19-000094, David Burda, 1966 Shadywood Road, Variances. VOTE: Ayes 7, Nays 0. 10. LA19-000095 JOHN QUINLIVAN, 2927 CASCO POINT ROAD, VARIANCES, 9:45 P.M. - 9:54 P.M. John Quinlivan, Gordon James Construction, was present. Oakden presented a summary of packet memorandum. Ressler stated it would be improving the condition. Oakden agreed that it would be improving the condition and said the applicant is also requesting an IUP for hauling roughly 600 cubic yards of material to and from the site during construction. Staff finds, due to the nature of the lot and the applied setbacks, there are practical difficulties supporting granting the lot width variance, average lakeshore setback variance, and IUP for construction of a new home. No public comment has been received on the application and Staff recommends approval. Mr. John Quinlivan, Gordon James Construction, 5159 Main Street, Maple Plain, said he got a letter from the adjacent property owner to the south and the property owner to the north sent an email. If the Commissioners had a wider look at the property, it shows there's approximately 12 properties all at the same distance. There's one property that is set back. The house that is set back is coming down. They have talked to the City about condemning the house because it is in terrible shape. They’re conforming to side yard setbacks; they're conforming to the rear yard. If the house next door was down, the MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 34 of 46 measurement they used for this variance is exactly the measurement they would use for the lakeshore setback. Thiesse asked if Staff would confirm that the house is in bad shape and may be coming down shortly. Oakden stated she did not believe it would be from activities from the City. She believes John has been working with the homeowner. Mr. Quinlivan said they reached out to the City, so the water has been cut off to the house. Thiesse clarified that it's the neighbor’s house that's set back and asked if the applicant was in control of it. Mr. Quinlivan indicated that was right and Terry Peterson, Brainerd, is in control of it. It was noted the Commission had a letter from him. Mr. Quinlivan said Terry Peterson owns the adjacent property to the north that is set back. Almost every property in the area is at roughly 150 feet. That particular property is set back farther. It's old, it's dilapidated. His son lived there for a while. He moved his son out and had the City shut the water off to the property. He noted the letter is a support letter. Gettman asked if there was a buyer already for the proposed building. Mr. Quinlivan answered that his customer is present. He does not own either piece. He is supporting Mr. and Mrs. Adams, who bought the property. Gettman stated he does not see any deck or anything else and asked if the applicant contemplated any additions to it. Mr. Quinlivan answered the house was coming down and it will be a new build. It will have a patio but there won't be a deck. Chair Ressler opened the public hearing at 9:51 p.m. Penny Saiki, 2874 Casco Point Road, asked where the fill is going, where the fill is being removed, or what is with the application for the fill. Mr. Quinlivan stated most of the time it is taken off-site for other projects that need fill. Ms. Saiki asked whether it was removal for the foundation. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 35 of 46 Mr. Quinlivan said it was the removal of the dirt. Thiesse asked if the removal of earth was mainly foundation excavation or if he was grading a bunch. Mr. Quinlivan said it's a pretty small footprint today. They are taking the garage and stuff back. That's what was determined they would be removing. The driveway today is on the property line. Visually when he is out there, it looks like it is over the property line. Oakden stated it is over the property line. Mr. Quinlivan said the new owner wants to move that driveway back into conformity. They will be moving some dirt around there to bring the driveway to conformity. He thinks hardcover is coming down quite a bit over what is there because there's a lot of asphalt and a detached garage today. The homeowner that owns the house that's in the back is who wrote the letter of support. Chair Ressler closed the public hearing at 9:53 p.m. Ressler said he appreciates the improvement of the condition that the Commission is dealing with, which is generally what the Commission is after when they're entertaining a variance. He suggested, if the Commission recommends approval, to get a more firmly written letter by the neighbor that says that his intention is to tear down that structure. Not considering that, knowing the layout of the entire neighborhood, that is the only reason why this is becoming a lakeshore setback, is the neighboring property. It's not outside of the norm for the neighborhood and it also is improving that setback from what it is today. He is in support of it based on that. Bollis moved, Gettman seconded, to approve Application LA19-000095, John Quinlivan, 2927 Casco Point Road, Variances. VOTE: Ayes 7, Nays 0. 11. LA19-000096 DREW HUELER, 1398 REST POINT ROAD, VARIANCES, 9:54 P.M. - 10:25 P.M. David Bieker, Denali Custom Homes, and Drew Hueler, the applicant, were present. Curtis presented a summary of packet memorandum. Ressler clarified Staff's recommendation would be to get the total structural coverage down to 20 percent. Curtis stated that was true. The resulting hardcover and potentially the rear yard setback variance would be reduced/eliminated in that case. She stated she is not here to redesign but to recommend. Ressler asked if Staff would be agreeable and provide support if that were eliminated. He also asked if it is currently proposed at 22 percent. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 36 of 46 Curtis confirmed his statement and indicated 22 percent was correct. Mr. David Bieker, Denali Custom Homes, 18352 Minnetonka Boulevard, Deephaven, said he is representing the applicant. He is the proposed builder of the property and has worked with the architect and applicant to design the home. They are meeting the 75-foot setback and meeting the side yard setbacks. The proposed house was designed as efficiently as possible to accommodate everything possible that a home would have on the main floor. There cannot be a basement, so the only options are to fit everything on the main floor and upstairs. Because of the lot size, you run up against structural hardcover and regular hardcover. They looked at ways to shrink the house, but the only real way to shrink it is to shrink the garage which then is a garage that is not deep enough to use. If you compress the house, the rooms start getting tight inside and aren't really functional. If you pull the garage in, that creates a longer driveway to get to the garage, which doesn't improve the overall hardcover. He thinks the applicant is proposing to do the best he can with what he has and mitigate all the negative effects of the house. They are also removing a garage which is in the corner of the property that actually sits on the road. The setback for the road for the garage is about a foot, and the proposal is increasing the setback by more than 25 feet. There are other homes that are either on the street or very close to the street, so that situation has been improved as far as setback. He thinks the only objection that Staff brought was the structural hardcover, and he thinks if the house is shrunk, they'll have the same overall hardcover because the driveway would have to grow to meet the house. Libby asked what the difference is between the 22 and 20 percent, square footage-wise. Curtis stated it is 222 square feet. Mr. Bieker said if you study the plan, there's nothing extravagant or that doesn't need to be there. Ressler asked for the dimensions of the garage, whether it was 24 x 30. Curtis said she thought it was 21 by 31 unless she measured wrong. Mr. Bieker stated it is 31 feet wide. He believed it is 31 feet deep to the curb inside the garage. Mr. Drew Hueler stated this is his proposed new house at 1398 Rest Point Road. The garage dimensions are 21 feet deep. Curtis stated she thought that is what she measured it to and should have double checked the inside measurement. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 37 of 46 Mr. Hueler said he and the architect were looking at the front of the garage and there is an inset on the door, so for structural hardcover it is not inside but it's the piece that sticks out from the garage so the door is not flush. Mr. Bieker clarified there is a slight amount of calculated structural that probably was not there. Mr. Hueler stated the structural hardcover was calculated to the end of the garage. His neighbors' homes are 20 feet from the street and this will be 26.4 feet from the street. On the lake side, one of his neighbors is 68 feet on the side that has the 3-foot lot line, and the Walsh home is around 70. He is 75 feet in, well within the visual setback. If he was trying to go for the sight-line setback, the street side of the home would comply. Gettman asked if the neighbors' garages were all 3-car garages. Mr. Hueler stated they are not. On the 35-foot lot they were able to fit a 2-car garage. The Walshes have a 2-car garage with a 3-car parking area in front of it. His lot is wider than both of his neighbors' lots. Chair Ressler opened the public hearing at 10:06 p.m. Patrick Walsh, 1390 Rest Point Road, said they have lived there 41 years and this is what they've been waiting for. Somehow the previous owner built the garage and the house a foot off the property line. This will change the neighborhood. He understands the Commission is debating whether it should be a 3-car or 2-car and it's easy to say make it a 2-car, but he does not think so. He has seen Hueler's plans; it is a tuck- under garage. He needs the storage. He asked that there not be a grade build-up so there would not be drainage in his yard. He is asking the Commission to vote for it at 22 percent. Chair Ressler closed the public hearing at 10:08 p.m. McCutcheon asked if the water would go onto the front and back of the lot from the gables. Mr. Hueler indicated it would. McCutcheon noted that was well thought out, that it wasn't dumping water onto the neighbors' properties. Mr. Hueler said they designed the home partially with the neighbors' feedback in mind. They will be dealing with the water onsite as opposed to running on neighbors' properties. Ressler said he was looking at the example in the hardcover calculation worksheet when he thought the garage was 24 by 30. He apologized if he made it more confusing. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 38 of 46 McCutcheon said people love shallow lots, it is an average house. He asked if there was any variance that wasn't included and if the lakeshore setback was good. Ressler indicated the lakeshore setback. Curtis confirmed that they are conforming to the 75, conforming to the average, conforming on the sides. McCutcheon said since there is limited parking, a 3-car garage is almost a necessity because the driveway can't be increased without impacting the hardcover as well. He asked how much the City was asking for it to be reduced. Curtis responded it was 222 square feet. McCutcheon asked the applicant if he had played around with the design. Mr. Hueler asked the Commission to look at the main floor, which is what would need to be shrunk. The garage is a pretty standard size. The architect is opinionated about what can be shrunk and what can't because of massing and making the house look architecturally correct, but if certain components of the house are shrunk, it will look to him like the garage is eating the house. If they shrunk the family room, dining room, and kitchen from the lake side, he would end up with a room that, according to the architect, is not a good size room. These are not large spaces. The ceiling height is 2 feet below the height restriction, and they did not want to raise the house up, so they are pretty close to the ground on the main floor. That's part of the reason he wanted additional storage in the back hall, because he has no room to put additional items in a basement. McCutcheon asked what is over the second floor of the foyer in the entryway. Mr. Hueler said it was a master bathroom and that none of the bedrooms are large. It is a challenging site. Thiesse noted a couple years ago it was 15 percent. It was raised to 20 percent on the likelihood that people could stay within 20 percent. Thiesse brought up a comment made by a previous Commissioner who said, "It's a clean slate. You can make it work." He agrees with that. Ressler said he tends to agree that as much as it would be nice to have a 3-car garage, it could easily be amended to a 2-car garage and fit that 20 percentile, understanding that the hardcover would still be there but that also provides more parking instead of a garage and structure. Thiesse suggested a 2 1/2 car garage and then there would be storage. Ressler stated he is in agreement with Staff, he would like to see it down to 20 percent, also based on Thiesse's comments that it was 15 percent and that's something the Commission is already more flexible MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 39 of 46 on. He feels like that flexibility is supposed to be put in place with the idea that that's what the Commission wants to see. Erickson said he is in total agreement with that line of thought. The givens are the lot size and the ordinances. Then it becomes the challenge of the applicant to design a house that fits within the ordinances as much as possible. He thinks Staff's recommendation of 20 percent is appropriate. Mr. Hueler asked if he is able to work with the architect and get the house to 20 percent, would he have the Commission's support. Ressler said he can't speak for everyone and he is not sure it would not pass as applied. The feedback that he is hearing is that the Commission appreciates the things the applicant is doing to bring the structure away from the lot lines, improving the conditions. It sounds like some of the feedback is that the Commission feels it is not unreasonable to try to get to 20 percent. Thiesse said that would bring it in to the Staff recommendation and that is where he would like it to be. Ressler asked the applicant if that would be agreeable, and then the Commission could provide an amendment that says they are in support of the plan as long as it could get down to 20 percent. Mr. Hueler said it is something he would consider if he is not able to build what he proposed. Ressler stated if there is a motion to pass as applied and it passes, then it moves on. If nobody makes a motion to pass it as applied, then someone can make a motion to fail or a motion to approve based on some amendments, which he feels is the discussion on the table. Thiesse said if it comes to a denial and we say as we're denying it because of this and he takes it to the Council with that change, that kind of takes care of it. Ressler agreed with Thiesse and said maybe they would have an alternative drawn up, prepared in the event that they would not support it. Curtis stated if that is the route the Commission took, she would expect the applicant to bring that plan. Ressler said if the Commission moves to deny as applied, it does not stop the applicant from being heard in front of the City Council. The Commission would deny it based on the fact they would like it to be at 20 percent. It allows the applicant to be heard on the 22 percent as applied at the City Council despite the fact that the Commission failed the motion. Then the City Council could decide whether it's reasonable to stay at 22 percent. Maybe it would behoove the applicant to be prepared with alternative plans at 20 percent in the event the City Council is not supportive of it. He asked if that made sense to the applicant. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 40 of 46 Mr. Hueler stated it made perfect sense. He had the architect pinch the house and come up with a plan that is very close to conformity. Ressler said the Commission's intent by the feedback is to give the applicant hope. We're saying we don't support it at 22, but it gives the City Council the opportunity to approve it at 22 percent. Thiesse stated the type of motion he would be most comfortable with mimics the staff recommendation which is, Planning Staff recommends approval of lot width, lot area, rear setback, and some level of hardcover variance should the plan be reduced so the structural level is conforming at 20 percent. Ressler said the applicant has stated he is generally agreeable if that is what it takes. Bollis suggested approving it with that Staff recommendation rather than deny it. Ressler said the only reason why is, by doing so, we're asking him to bring it at 20 percent in front of the City Council where, right now it could still go in front of the City Council at 22 percent, and he could be prepared with a 20 percent sketch in the event it does not pass. Curtis stated if the Commission is not comfortable with the 22 percent, Staff recommends denying the 22 percent with the reasons stated. Denying is not a negative; it's conditioned on those other conditions. She felt that gives the applicant more clarity from the Commission's perspective. She said that's what she is hearing, and she does not want to be ambiguous for the applicant because there are not a lot of meetings left this year. Ressler said the Commission would encourage the applicant to bring it to the City Council and see if 22 percent would be agreeable but to be prepared with something that could be amended and approved at 20. He stated Curtis was right, if the Commission makes it very specific as to why the Commission is not approving, that gives direction to the Council. Erickson stated that he likes what is on the staff report, that Staff recommends approval of lot width, and so on, should the plan be reduced to 20 percent. Ressler stated that is not how it is applied, is the problem. Curtis suggested the Commission could do it in one denial of the whole as proposed, or the Commission could approve the other variances and deny the structural coverage variance. Thiesse said the Commission could deny it solely on the fact that he is over the structure cover by 2 percent. Erickson stated he would like to keep it positive and approve it with a 20 percent structural canopy. The applicant still has the option to go to the City Council with something else. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 41 of 46 Gettman moved, Bollis seconded, to approve Application LA19-000096, Drew Hueler, 1398 Rest Point Road, on all variances except for the structural coverage variance which should be denied based on the fact that it's 22 percent and that it fall back down to the 20 percent based on Staff recommendations. VOTE: Ayes 7, Nays 0. 12. 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, SKETCH PLAN, 10:25 P.M. - 10:45 P.M. The applicant was not present. Barnhart presented a summary of packet memorandum. Ressler stated the Commission has looked at this a lot and wondered if they could get a picture of what the whole thing is going to be. He does not know why the Commission's feedback is not being heard. Barnhart said at the review last fall the Planning Commission's comments were more about a strict adherence to the lot standards. The City Council wanted to see the road, but they were a little more flexible to the lot standards. The applicant did listen and addressed the road extension and provided some additional information related to the floodplain issue. He agreed with Ressler that the applicant did not show the rest of the point. Thiesse asked when the last time was that the Commission allowed a division for a substandard lot, adding that the Commission does not do that. Barnhart agreed that the Commission does not. Thiesse said he can't see why the Commission would think about it in this case. Someone is trying to force two substandard lots in so they can keep the end of the peninsula for later use. He suggested telling them they don't get it until the Commission sees the rest of it. This is not a place for two houses. There will be a road right along the lake, there isn't a stormwater pond to be seen, and he does not know where they will put it, but there has to be one. Gettman stated he thought there were other neighbors that were against this because this particular owner has not provided anything but hostile situations for them. Barnhart indicated those comments were provided in the Commissioners' packets and were generated from the last review. The applicant is now proposing a cul-de-sac and an extension of the road which Staff sees as a benefit. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 42 of 46 McCutcheon noted the Commission is hesitant to put a cul-de-sac in when the Commissioners don't know the end plan. Normally when there's a subdivision there's an entire picture put out so the Commission knows if there's a unique opportunity for a common area, etc. The Commission does not have all the pieces of the equation, so it is hard to give an answer. He did not know what would be wrong with dictating that the Commission needs to see the full plan. Barnhart indicated the City cannot require somebody to plat, which is kind of what is happening when requiring them to include that in the plat. McCutcheon said he cannot, in good conscious, subdivide a lot where the Commission knows there will be future problems. Ressler said it is not a perfect situation with that road, with the congestion and as narrow as it is now. He agreed that 30 feet at a minimum should be the width, not 20. He stated a substandard lot is a substandard lot, and the Commission is generally opposed to that for a subdivision. The Commission seems to say the same thing as far as feedback goes but continues to not see what is being asked for. Erickson stated this is virtually the same thing that was shown a couple of months ago. Ressler noted there was an addition of a cul-de-sac. Erickson said there was a cul-de-sac at that time, too, which in his mind is the only good feature of the whole thing. Gettman indicated there was no cul-de-sac. Erickson said there are other features which are out of the question, and he agrees that the road right-of- way should be 30 feet. He is willing to concur with the City Council that the cul-de-sac could be as far as 1,300 feet rather than 1,000. He pointed out that the 18-foot road is right next to the lake, it doesn't give a measurement but it's within inches of the lake, and asked if there was enough room for a good guardrail. It should be riprapped, there should be a guardrail to keep people from driving in the lake when you're only 6 inches away from it. By the time a better job is done of centering that 30-foot right-of-way some distance from the east side and also some distance from the floodplain on the west, then it will go right through the middle of the property and there will be no room for any house, which is how it ought to be in his opinion. The Commission's job is to respond to what's in front of it. Ressler said the ongoing feedback is the Commission does not feel that Lot 2 is a buildable lot. Barnhart stated that was fair. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 43 of 46 Ressler said if the applicant is going to build on Lot 1, knowing that you're also going to have one at the end of the peninsula, you have a 30-foot roadway width and you have a cul-de-sac. Barnhart noted things kind of jumped around, but related to question number 1 regarding the lot layout, Lot 2 is not a buildable lot and modifications need to be made there. Question number 2, does the Commission generally support a variance from the lot area requirements, and he is hearing consistently no. Question number 3, does the Commission generally support a variance from the 75-foot lake yard setback. He said that will be required to build on Lots 1 or 2. It will likely be needed from both sides. Ressler asked whether it was lake yard or average lakeshore setback. Barnhart stated it was lake yard. Thiesse answered no, they're filling a floodplain as it is just to get a basement. He asked if there is anything on the peninsula that's buildable outside the 75 and if that would maybe cut it down to one house. Barnhart said it would be two or three, maybe. Not Lot 2, and Lot 1 is limited. The challenge with the point is that 75 will come into play on both sides. Thiesse stated that is also a luxury. Erickson said they would have to build a sea wall just to protect their slab. Ressler noted a lot of the difficulty is that there is no structure there right now. Thiesse noted the building pad is not that much larger than the gentleman on Rest Point; it's about 60 by 35. Barnhart asked, regarding question number 4, does the Commission support a waiver from the cul-de-sac length standard, which you'll need to do if you're going to get a cul-de-sac. Thiesse answered absolutely. Barnhart asked if the Commission supported a waiver from the new Baldur Park Road to be consistent with the existing Baldur Park Road. He explained that's the right-of-way and the width. Thiesse asked what the right-of-way is now, whether it was 30. Barnhart said the applicant proposed 20 and Staff suggested a minimum of 30. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 44 of 46 Thiesse said the existing Baldur Park is 30 and he is a 30 person. McCutcheon said he would not want to go narrower. Barnhart asked if the Commission supports a waiver from the conservation design requirement. The code requires a conservation design when you have a project that is more than 7 acres or has density of less than 2-acre lots. Staff supports a waiver because of what they are trying to protect from a view standpoint. The setbacks already protect quite a bit of the lake standards. Thiesse noted this area is a pretty prominent point of the lake but he did not know what could be gained from it. Barnhart responded you would get a tree inventory that will probably show there's quite a bit of cottonwoods. Gettman said it is already very limited. Barnhart stated the main thing you'd get would be a tree inventory, but also soil work would be required and any wetlands, which has already been done. Bollis said on the conservation design requirement, that can push the project in a different route because it is going to talk about it being a peninsula and a point. Road rights-of-way are going to get smaller, et cetera, based on the conservation design. He does not see why it should be waived in this situation; it is not waived on other projects. Barnhart noted that it actually is waived on some projects. Bollis repeated he does not see a need to waive it here. Erickson said for this parcel his suggested density is 0 houses per acre. They have a good site for a piece of road with a cul-de-sac at the end, and that would be a reasonable use for this site. Ressler commented maybe having a second or third house on the end contingent upon having a 30-foot road and a cul-de-sac. Erickson said, looking at the outline, neither of the houses should be built and they need to come back with another plan to show what they are going to do beyond the cul-de-sac. But what is in front of the Commission today is a road and a cul-de-sac. Barnhart stated that he is not hearing support to waive the conservation design requirements. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 45 of 46 Bollis stated he was correct. Barnhart asked if there were any other issues the Commission would like him to share with the City Council. McCutcheon said the safety of the road is a big issue because there are no lights in Orono, especially if someone is lost or for UPS drivers. It is one thing when you have one person's driveway who has driven it their whole life, but when you open it up to the public, it’s a concern. Thiesse commented the UPS guy will be thrilled he has a turnaround instead of backing all the way up. Ressler said if it wasn't for the fact that the Commission would be approving an emergency vehicle turnaround and the cul-de-sac, he is not sure he would be in support of anything being subdivided. If that is something that benefits the rest of the peninsula, he could see perhaps another house next to the structure that is there right now as long as it is within lake yard setback requirements. It is potentially the one that does show up on what the Commission has been looking at under Lot 1 but under the same premise, which appears that it would not meet the lake yard setback at best. Thiesse asked whether floodplain fill was outside of the Commissioners' jurisdiction and clarified the applicant would have to get permits elsewhere. Barnhart said the Commissioners would have to approve a Conditional Use Permit for any fill. He confirmed they would get permits elsewhere but also from the Commission. Standards have been adopted in the City Code, and the Commissioners would apply those to that type of application. He stated he has feedback to share with the applicant and City Council and then it can move forward. 13. PLANNING COMMISSION LIAISON FOR 2020 Barnhart asked for approval of the schedule provided, noting that if subs are needed, adjustments could be made. He requested a motion to adopt the schedule for 2020. He stated he tries to keep everyone in order. The Commissioners worked out conflicts so all the meetings were covered. Changes include: Bollis will cover the March meeting, Gettman will cover the April meeting, and Libby will cover the October meeting. Thiesse moved, Gettman seconded, to approve the amended proposed schedule. VOTE: Ayes 7, Nays 0. 14. UPDATE ON NOVEMBER 12, 2019 CITY COUNCIL MEETING TIME CHANGE FOR PLANNING COMMISSION MEETINGS MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2019 6:30 o’clock p.m. _____________________________________________________________________________________ Page 46 of 46 Barnhart said most of the items were approved on consent. The vacation request at 40/45 Smith was tabled. Mr. Bonnett provided a trail proposal that was not well-received by the City Council so they tabled it, allowing him to come back with a redesign of the trail. That will be on December 9. Also, the Lakewest Development Sketch Plan Review for the shift in density was not supported by the Council. In response to Thiesse, Barnhart responded that the Commission supported it. Barnhart stated the City Council made some changes to the official calendar. Planning Commission meetings will start at 6:00 next year and also City Council meetings. He would like to introduce workshops as needed for the Planning Commission on Mondays of the meetings at 5:00 p.m. rather than Wednesdays because it conflicts with church and other events. He stated that required an Ordinance amendment and he would work on that. ADJOURNMENT Gettman moved, Erickson seconded, to adjourn the Orono Planning Commission meeting at 10:41 p.m. VOTE: Ayes 7, Nays 0 ATTEST: _________________________________________ Jon Ressler, Chair Date Application Received: 11/24/2019 Date Application Considered as Complete: 12/18/2019 60-Day Review Period Extension Expires: 04/16/2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 21 January 2020 Subject: #LA19-000098, Joe Hahs – Evergreen Construction, 2385 Shadywood Road, CUP & Site Plan Public Hearing Summary The applicant is requesting a conditional use permit to utilize the property for an office use, to be shared by two tenants. Offices for the applicant’s business, Evergreen Construction, will occupy most of the building. The remaining spaces in the building will be utilized by other uses of an “office” nature. The future office uses in the spaces will conform to the code and are included in the proposed parking. The existing building is primarily remaining as-is on the exterior, with exception of changes to signage, parking lot improvements, removal of a deteriorating porch, and installation of an accessible ramp with deck and landings for access to the side door. An administrative site plan review is required, which will be completed prior to issuance of a building permit. LOT ANALYSIS WORKSHEET Section 78-646 - Setbacks: The minimum required front yard is 20-feet; the required rear yard is 30-feet. B-1 District Required Existing Proposed Front 35’ 42.8’ No change to the building setback Rear 30’ 27.8’ to the deck 33.7’ to the building Rear deck removed No change to the building setback North Side 15’ 20.1’ No change South Side 15’ 11.5’ to porch 19.7’ to the building 19.7’ to the building *There is a proposed accessibility ramp and landings within both the side and front building setbacks. This is considered a permissible encroachment to the setback requirements. Application Summary: The applicant is requesting site plan approval and a conditional use permit for an office use. Staff Recommendation: Planning Department Staff recommends approval. FILE #LA19-000098 21 Jan 2020 Page 2 of 4 Section 78- 646 - Lot Area/Width: B-1 District Lot Area Lot Width Required 20,000 s.f. 100’ Actual 7,625 s.f. 75’ Section 78-1403- Structural Building Coverage: Total Lot Area Total Structural Coverage 7,625 s.f. Allowed: 2,000 s.f. Proposed: 805 s.f. Section 78-1700 - Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing Hardcover Proposed Hardcover Tier 3 7,625 s.f. 2,668.7 s.f. (35 %) 3,476 s.f. (45%) 2,665 s.f. (35%) Sections 78-1511 & 78-1516 – Parking, Number of spaces and setbacks: B-1/Office Use Required Existing Proposed Number of Stalls: 1 space / 200 SF 1006 SF/200 = 5.0 Stalls undefined 6 total stalls: (5 stalls + 1 handicap stall & 1 access aisle) Setbacks: Permitted within the rear yard; at least 3’ from side lot line 6.7’ from north lot line; 0’ from south lot line/over lot line to fence 5.2’ from north side lot line; 6.7’ from south side lot line Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; the use is listed as a permitted conditional use within the B-1 zoning district. This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management; This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; This criterion is met. FILE #LA19-000098 21 Jan 2020 Page 3 of 4 5) Not expected to generate excessive demand for public services at public cost; This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the Navarre area has a mix of retail and office uses. The use of the property as an office will be compatible with surrounding uses. This criterion is met. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is met. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This criterion is met. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; This criterion is met. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; This criterion is met. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; This criterion is met. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; This criterion is met. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Conditional Use Permit Comments The applicant’s proposed use is a showroom/sales office for their exterior finish construction company selling exterior building materials such as roofing, siding, windows, doors, gutters, and decking. The customer visits to the office will be primarily by appointment with few drop-ins. According to the submitted narrative, they have identified the business hours of Monday through Friday of 8:30 am to 5 pm; Saturday 9:00 am to 3:00 pm; and Sundays by appointment. Also, according to the narrative, they will have two regular full time staff on site, in addition to a number of seasonal sales and marketing staff from March through December. FILE #LA19-000098 21 Jan 2020 Page 4 of 4 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Commission find it necessary to impose conditions in order to mitigate any impacts created by the proposal? 2. 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. Existing Survey Exhibit C. Proposed Grading/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Building Floorplan Layout Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Parking Information Exhibit I. Property Owners List Exhibit J. Plat Map Land Use Application Summary Application Date:11/24/2019 Address:2385 SHADYWOOD RD WAYZATA, MN 55391 Parcel Number:1711723440102 Land Use Number:LA19-000098 Application Submitted By:Property Owner Owner:Name: STEPHEN & SUZANNE SCHMIDT Address: 2986 HIGHLAND BLVD MOUND, MN 55364 Applicant:Name: Joe Hahs Company: Evergreen Construction Company, Inc Address: 1200 Centre Pointe Curve #175 Mendota Heights, MN 55120 joe@mnevergreen.com Contact Information:Associated Contact: Antti Laaksonen Antti@mnevergreen.com Associated Contact: Ali Awad ali@awadandkoontz.com Associated Contact: Associated Contact: Project Description:Site Plan Review & CUP Office Use: Construction Firm Showroom/Design Center 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: Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 N 7'-0" 5'-0" 8'-0" 4'-0" access aisle H C Parking 9'-0" 20'-0" concrete walk 1:20 slope wood ramp 1:20 slope concrete w alk 1:20 slope planting areas planting areas planting areas EXISTING BUILDING TO BE REMODELED PR O PO SED PA R KIN G - 6 STALLS sidewalk existing sign existing stoop trash enclosure wood or vinyl fencing Site Plan 1" = 10' 25'-0" 32'-0" 1 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 FRONT VIEW BACK VIEW 2 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 standing seam metal roof Hardie shake siding 5/4 window trim with flashing shutters flower boxes ramp landing and railing cedar brackets existing brick chimney repair/tuck point as needed Front- East Elevation 1/4" = 1'-0" 3 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 wood deck and ramp with railing 3 '-6 " 3'-0" min solar panels 1:20 slope max South Elevation 1/4" = 1'-0" 4 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 solar panels 3'-0" min3'-0" min West Elevation 1/4" = 1'-0" 5 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 North Elevation 1/4" = 1'-0" 6 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 N 25'-0" 3 2 '-0 " UNFINISHED STORAGE UNFINISHED UTILITY ROOM existing stair up utility sink elect panel furnace water heater plumbing stack Basement Plan 1/4" = 1'-0" 7 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 N 25'-0" 8'-9" 6 '-8 " 7 '-0 " 3 '-0 " 1 3 '-2 " 8'-9"15'-0" 3 2 '-0 "3-0 see site plan for deck/steps/ramp elect meter g a s m e t e r 3-0grab bars sink wc 5'-0" 3-02-8 i t d h 3 6 5 2 -2 2 -1 1 7 /8 " L V L h e a d e r i t d h 3 6 5 2 -2 2 -1 1 7 /8 " L V L h e a d e r i t d h 3 6 5 2 s a f e t y g l a z i n g i t d h 3 6 5 2 s a f e t y g l a z i n g itdh 3652 itdh 3652 cawn 4939 i t d h 3 6 5 2 SHOWROOM/DISPLAY/OFFICE FOYER KITCHEN BATHROOM MUDROOM ENTRY existing fireplace hutch island existing stair downexisting stair up ref range sink dwbench b u i l t i n Main Floor Plan1/4" = 1'-0" 8 Ali Awad, AIA 612.282.3161 ali@awadandkoontz.com Joe Hahs 2385 Shadywood Concept Plans December 17, 2019 N 22'-0" 7 '-0 " 5 '-2 " 3 '-5 " 1 1 '-9 " 1 '-6 " 1 '-6 " 7'-9" 2 -8 3-0 itdh 3652 ica 3343 i c a 3 3 4 3 i c a 3 3 4 3 i c a 3 3 4 3 s a f e t y g l a z i n g i t d h 3 6 5 2 i t d h 3 6 5 2 itdh 3652 BUSINESS OFFICE CONFERENCE ROOM BATHROOM shower wc sink new railing existing stair chimney Upper Level Plan 1/4" = 1'-0" 9 ElectroSignDesign.com 763.785.7968 DESIGN • MANUFACTURE • INSTALL • REPAIR interior & exterior signage 1680 99th LN NE • Suite C • Blaine, MN 55449 • (Office) 763.785.7968 • ElectroSignDesign.com PR O D U C T I O N Q U E S T I O N S ? P L E A S E C O N T AC T YO U R S A L E S R E P R E S E N T A TI V E REV I E W C A R E F U L L Y , T H I S R E F L E C T S F I N I S H E D P R O D U C T P l e a s e A p p r o v e , s i g n a n d r e t u r n b y : _ _ _ _ _ _ _ _ _ _ _ _ _ _ If a p p r o v a l o r m i s s i n g i n f o r m a t i o n i s n o t r e c e i v e d b y d u e d a t e , th e p r o d u c t i o n s c h e d u l e f o r y o u r o r d e r m a y c h a n g e w h i c h w i l l a f fe c t y o u r s h i p d a t e . S i g n o f f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Y O U M U S T S I G N A N D D A T E B E F O R E P R E - P R O D U C T I O N R E L E A S E S T O P R O D U C T I O N C o l o r S p e l l i n g S i z e A p p r o v e C h a n g e C l i e n t A p p r o v a l R e q u i r e d This is an or i gin al unpublishe d de sign, cr eated by Elect ro Signs a nd Desi gn, L LC. It is su bmitted for yo ur personal use in connectionwith the project being planned for you by Electro Signs and Design, LLC. It is not to be shown to anyone outside of your organization, nor isit to be used, reproduced, copied, or exhbited in any fashion without the wr itten permission of Electro Signs an Design, LLC. All or anypart of this design (except r egiste re d trade mar ks) remain the proper ty of Ele c tr o Signs and Design, LLC. A n A r t work Design fee of$1,0 0 0.0 0 w ill be charge d fo r this De sig n if u se d w it hout permission fr om Elect ro Signs an d D esi gn, L LC. Mediuim Green Dark Green White Prepared For: Evergreen Pan Face Pylon Cabinet Signs Deven Ziertman 5 Project Name/# Sales Rep Rendering # Front View Schematic Color Key: Design Side View ROOFING SIDING WINDOWS Cabinet Is Double Sided Pan Face Cabinet Retainer Sign Cabinet Is Internally Illuminated With Led Second Surface Graphics First Surface Graphics ROOFING SIDING WINDOWS ROOFING SIDING GUTTERS 39” ROOFING SIDING GUTTERS 39” ROOFING SIDING GUTTERS 39” ROOFING SIDING GUTTERS 39” ROOFING SIDING GUTTERS 39” ROOFING SIDING GUTTERS 39” 39” PROPOSED SIGNAGE 3’ 6.5’ 6.5’ 6’ EXISTING SIGNAGE - QTY 1 - Double Sided - New Hyoco Digital Reader - Black Retainers - Black SIdes 3.4’ 2385 Shadywood- Joe Hahs Parking spaces required per Building areas 12.02.19 Office Space Main Floor 487 Liv Rm 13x24 312 Kitchen 175 Upstairs 519 Conference 246 Bus office 273 Total 1006 200 per stall 5.03 5 stall required RUN DATE: 11/25/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 1 38 17-117-23 43 0021 ROXANN M BEISCH 3436 LIVINGSTON AVE ORONO MN 55391 ROXANN M BEISCH 3436 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0022 M ROSDAHL & B P CARLSON 3422 LIVINGSTON AVE ORONO MN 55391 MICHAEL ROSDAHL BRIDGET P CARLSON 3422 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0023 CARL E BORG III & C G BORG 3414 LIVINGSTON AVE ORONO MN 55391 CARL E BORG III & CAREN BORG 3414 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0062 DAVID BERNARDY & EMILY RUD 3433 LIVINGSTON AVE ORONO MN 55391 DAVID BERNARDY & EMILY RUD 3433 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0063 R S SIECKMAN & J J SIECKMAN 3435 LIVINGSTON AVE ORONO MN 55391 ROBERT S & JULIE J SIECKMAN 3435 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0064 DENNIS L HEGER 3443 LIVINGSTON AVE ORONO MN 55391 DENNIS L HEGER 3443 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0065 CAROLYN M TILLOTSON 3445 LIVINGSTON AVE ORONO MN 55391 CAROLYN M TILLOTSON 2500 SHADYWOOD RD #400 EXCELSIOR MN 55331 38 17-117-23 43 0075 E L MURRAY & P S ROSS 3468 LYRIC AVE ORONO MN 55391 E L MURRAY & P S ROSS 3468 LYRIC AVE WAYZATA MN 55391 38 17-117-23 43 0076 F L & S E MITTELSTAEDT 3444 LYRIC AVE ORONO MN 55391 MR/MRS FRANK L MITTELSTAEDT 3444 LYRIC AVE WAYZATA MN 55391 38 17-117-23 43 0077 REAL ASSETS LLC 3438 LYRIC AVE ORONO MN 55391 JOSHUA & MILLIE MUTIZE 3438 LYRIC AVE ORONO MN 55391 38 17-117-23 43 0078 CITY OF ORONO 3422 LYRIC AVE ORONO MN 55391 CITY OF ORONO 2700 KELLEY PKWY LONG LAKE MN 55356 38 17-117-23 43 0079 CITY OF ORONO 3408 LYRIC AVE ORONO MN 55391 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 43 0080 CITY OF ORONO 3408 LYRIC AVE ORONO MN 55391 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 43 0081 CITY OF ORONO 3408 LYRIC AVE ORONO MN 55391 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 43 0082 TOWN OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 43 0083 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 43 0084 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 43 0085 HENNEPIN FORFEITED LAND 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 43 0086 G T CONLON & N J CONLON 3465 LYRIC AVE ORONO MN 55391 GREGORY T & NANCY J CONLON 3465 LYRIC AVE WAYZATA MN 55391 38 17-117-23 43 0098 GERM-TOM PARTNERSHIP 3416 SHORELINE DR ORONO MN 55391 GERM-TOM PARTNERSHIP C/O COURTLAND RE PO BOX 112 CHASKA MN 55318 38 17-117-23 43 0099 3400 PROPERTIES LLC 3400 SHORELINE DR ORONO MN 55391 3400 PROPERTIES LLC 3400 SHORELINE DRIVE WAYZATA MN 55391 38 17-117-23 43 0141 STEVEN J KING 3473 LIVINGSTON AVE ORONO MN 55391 STEVEN J KING 3473 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 43 0142 SHORELINE PROPERTY LLC 3440 SHORELINE DR ORONO MN 55391 SHORELINE PROPERTIES LLC 12027 BUSINESS PK BLVD CHAMPLIN MN 55316 38 17-117-23 43 0154 E F WAROLIN & N WAROLIN 3405 LIVINGSTON AVE ORONO MN 55391 ERIC & NICOLE WAROLIN 3405 LIVINGSTON AVE WAYZATA MN 55391 38 17-117-23 44 0005 TOWN OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 44 0008 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 44 0009 MARVIN GARDENS LLC 2377 SHADYWOOD RD ORONO MN 55391 MARVIN GARDENS LLC 2948 CASCO PT RD ORONO MN 55391 38 17-117-23 44 0015 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO P O BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 44 0029 KELLY A & SHAUN S RIOUX 2253 BAYVIEW PL ORONO MN 55391 KELLY ADELIA RIOUX SHAUN SCOTT RIOUX 2253 BAYVIEW PL WAYZATA MN 55391 38 17-117-23 44 0030 ALEXANDER MARK BALTES 2265 BAYVIEW PL ORONO MN 55391 ALEXANDER MARK BALTES 2265 BAYVIEW PL WAYZATA MN 55391 RUN DATE: 11/25/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 2 38 17-117-23 44 0031 JAMES R ANDERSON 2275 BAYVIEW PL ORONO MN 55391 JAMES R ANDERSON 2275 BAYVIEW PLACE WAYZATA MN 55391 38 17-117-23 44 0032 GENE AND SHERYLL BLOCK 38 ADDRESS UNASSIGNED ORONO MN 00000 GENE AND SHERYLL BLOCK 2305 BAYVIEW PLACE WAYZATA MN 55391 38 17-117-23 44 0059 ALL STREET INC 3320 NAVARRE LA ORONO MN 55391 ALL STREET INC 3320 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0060 A D SPILSETH & T C TURNQUIST 3324 NAVARRE LA ORONO MN 55391 ANDREW D SPILSETH T CODY TURNQUIST 3324 NAVARRE LA WAYZATA MN 55391 38 17-117-23 44 0063 VALERIE T COYKENDALL 2344 OLIVE AVE ORONO MN 55391 VALERIE T COYKENDALL 2344 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0064 TIMOTHY C LIVINGSTON 2338 OLIVE AVE ORONO MN 55391 TIMOTHY C LIVINGSTON 2338 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0065 J T JACOBSON & L D JACOBSON 2328 OLIVE AVE ORONO MN 55391 J T JACOBSON & L D JACOBSON 2328 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0066 PATRICK W SULLIVAN 2318 OLIVE AVE ORONO MN 55391 PATRICK W SULLIVAN 2318 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0067 M D WILLIER & H D WILLIER 2314 OLIVE AVE ORONO MN 55391 MARK D WILLIER HEATHER L WILLIER 4018 SUNSET DR SPRING PARK MN 55384 38 17-117-23 44 0068 C P KNOWLTON & E KNOWLTON 2306 OLIVE AVE ORONO MN 55391 CHRISTOPHER PAUL KNOWLTON ERIN KNOWLTON 2306 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0073 STEVEN R MORKRID 2314 SHADYWOOD RD ORONO MN 55391 STEVEN R MORKRID 2314 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 44 0074 JONATHAN AUGE/ERICA VERDEGAN 2327 OLIVE AVE ORONO MN 55391 JONATHAN AUGE ERICA VERDEGAN 2327 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0075 ANDREW A PRATT/JAMIE L PRATT 2339 OLIVE AVE ORONO MN 55391 ANDREW A PRATT JAMIE L PRATT 2339 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0076 JOSHUA D KRAUSE 2359 OLIVE AVE ORONO MN 55391 JOSHUA D KRAUSE 2359 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0079 LOUISE A GANGELHOFF 2341 SHADYWOOD RD ORONO MN 55391 LOUISE A GANGELHOFF 2341 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 44 0080 TOWN OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 44 0084 S T MCNELLIS & R L BALTES 2350 OLIVE AVE ORONO MN 55391 SAMUEL T MCNELLIS RACHEL L BALTES 2350 OLIVE AVE WAYZATA MN 55391 38 17-117-23 44 0085 VOYAGEUR SERVICE CENTERS INC 3340 SHORELINE DR ORONO MN 55391 VOYAGEUR SERVICE CENTERS INC P O BOX 65 CRYSTAL BAY MN 55323 38 17-117-23 44 0094 LAFAYETTE RIDGE HOMEOWNERS 38 ADDRESS UNASSIGNED ORONO MN 00000 LAFAYETTE RIDGE HOMEOWNERS P O BOX 41 MINNETONKA BEACH MN 55361 38 17-117-23 44 0099 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 17-117-23 44 0100 NARROWS LLC 3382 SHORELINE DR ORONO MN 55391 NARROWS LLC PO BOX 36 NAVARRE MN 55392 38 17-117-23 44 0101 LEROY DAVID KOEHNEN 3360 SHORELINE DR ORONO MN 55391 LEROY KOEHNEN 3360 SHORELINE DR WAYZATA MN 55391 38 17-117-23 44 0102 S H SCHMIDT/S J SCHMIDT TRST 2385 SHADYWOOD RD ORONO MN 55391 STEPHEN & SUZANNE SCHMIDT 2986 HIGHLAND BLVD MOUND MN 55364 38 17-117-23 44 0106 PHYLLIS HENDERSON 2308 SHADYWOOD RD ORONO MN 55391 PHYLLIS HENDERSON 2308 SHADYWOOD RD WAYZATA MN 55391 38 17-117-23 44 0107 JERRY JAPS 2304 SHADYWOOD RD ORONO MN 55391 JERRY JAPS 4604 ABERDEEN RD MOUND MN 55364 38 17-117-23 44 0111 SHADYWOOD BUILDING LLC 2380 SHADYWOOD RD ORONO MN 55391 SHADYWOOD BUILDING LLC 5314 SHORELINE DR MOUND MN 55364 38 20-117-23 11 0002 VOYAGEUR SERVICE CENTERS INC 2420 SHADYWOOD RD ORONO MN 55331 VOYAGEUR SERVICE CENTERS INC P O BOX 65 CRYSTAL BAY MN 55323 38 20-117-23 11 0024 LUND REAL ESTATE HOLDNGS LLC 3333 SHORELINE DR ORONO MN 55391 LUND REAL ESTATE HOLDNGS LLC ATTN VON P MARTIN 4100 WEST 50TH ST SUITE 2100 EDINA MN 55424 38 20-117-23 12 0034 BROOK INVESTMENT GROUP LLC 3423 SHORELINE DR ORONO MN 55391 BROOK INVESTMENT GROUP LLC 34321 MYRTLE LA UNION CITY CA 94587 38 20-117-23 12 0055 KELLY COVE HMOWNRS ASN/ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 KELLY COVE HMOWNRS ASN/ORONO 2501 KELLY AVE EXCELSIOR MN 55331 RUN DATE: 11/25/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 3 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. Henn e p in County L o ca te & Notify Map 238 5 Sh adyw ood Roa d 0 100 20050 Feet Da te : 11 /25/2019 Buffer Siz e:500Map C om me nts: Th is d ata (i) is furn ish ed 'AS IS' with no representation as tocompleteness o r a ccuracy; (ii) is fu rn ished with no warranty of anykind; an d (iii) is n ot suitable for le ga l, eng ineering or surveyingpurposes. Hennepin County sha ll not b e liable for any damage, injuryor loss resu lting from this data. Fo r mo re inf ormation , co nta ct Hennepin County GIS Office300 6th S tree t South , Minn ea polis, MN 5 5487 / g is.info@hennepin.us Date Application Received: 12/02/2019 Date Application Considered as Complete: 12/17/2019 AZLO VO 60-Day Review Period Expires: 02/16/2020 60-Day Extension Expires:4/16/2020 d ti To: Chair Ressler and Planning Commission Members ?4kEsHOiL" Dustin Rief, City Administrator From: Jeremy Barnhart,AICP Community Development Director Date: January 21, 2020 Subject: LA19-000101,Al Azad, 200 Bederwood Road, Lot Width Variance and driveway easement, Public Hearing Application Summary: The applicant is requesting lot area variance because of the desire to create a driveway easement to an existing backlot. Staff Recommendation: Planning Department Staff recommends approval. Background Mr. Azad owns 200 Bederwood Road (LR-1A, 2 Acres) and an existing 2.08 acre lot to the east (PID 05-117-23-13-0055, Lot A);this lot does not have frontage or access to a public or private road with no road access. Mr.Azad is requesting to establish a driveway easement through his current lot at 200 Bederwood so Lot A can have road access. Per City Code (82-254), Public and private rights-of-way,vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. Driveways easements are subtracted from the overall area of the lot. 200 Bederwood is currently substandard in area and subtracting the new driveway easement would decrease the lot area by 8,062 sq.ft. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the creation of a driveway easement for an existing lot of record as practical difficulties supporting the requested variance. Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: The applicant doid not create either non-conforming lot. The variance requestes is the minimum amount necessary for relief. Regarding practical difficulty, Staff finds the creation of a driveway easement for an existing lot of record is a practical difficult and unique to the property. LOT ANALYSIS WORKSHEET Section 78-305 -Lot Area/Width: LA19-000101 01/21/2020 Page 2 of 4 DISTRICT LR-1A Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Existing 57,549 s.f. (1.3 acres) 311' Proposed 49,487 s.f. (1.1 acre) 287' Section 78-1700-Hardcover Calculations: Stormwater Overlay Total Area in Zone Allowed Hardcover Hardcover District Tier Existing Tier 2 57,549 s.f. (1.3 acres) 17,264 s.f. (30%) 4,666 s.f. (8%) Proposed Tier 2 49,487 s.f. (1.1 acres) 14,846 s.f. (30%) 4,666 s.f. (9%) Applicable Regulations: Lot Area (Sec.78-305) Minimum lot area for this district is 2 acres. Sec. 82-254. -Lot area,minimum. The minimum area requirements for each proposed lot as prescribed in chapter 78. The lot area must also comply with chapter 58, article II. Public and private rights-of-way,vehicular or pedestrian easements, or surface areas below the ordinary high water mark of any surface water or wetlands or floodplain areas may not be used in order to meet any portion of the minimum lot area requirements. 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 applicant is proposing to establish a driveway easement which will serve an existing lot of record. The lot area variance is in harmony with the intent of the ordinance considering the use of the lot. LA19-000101 01/21/2020 Page 3 of 4 2. The variance is consistent with the comprehensive plan.Allowing for access to a lot and creation of driveways easements 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 use of the lot for single family home will not change.This standard is met. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing nonconforming lot of record,which is not created by the land owner,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 allowing the lot area variance. 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 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 and substandard. The actual lot size will not change but per the definition of lot area from the City Code driveway easement must be not count towards overall lot area. This situation is peculiar to this property. 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 neighbor lot and within this 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. Granting this variance will preserve 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 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 property is unique in size for this zoning district. The applicant has stated the granting of the driveway easement is necessary to alleviate access challenges through the property. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the LA19-000101 01/21/2020 Page 4 of 4 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. Public Comments A letter of support was submitted by a neighbor at 185 Bederwood Rd, Exhibit D. 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? Planning Staff Recommendation Planning Staff recommends approval of the proposed lot area variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Neighbor Letter Exhibit E. Property Owners List and Map Letter View Land Use Application Summary (plication Date: 12/02/2019 Address: 200 BEDERWOOD DR LONG LAKE, MN 55356 Parcel Number: 0511723120027 Land Use Number: LA19-000101 Application Submitted By: Property Owner Owner: Name: ALISHAH S AZAD Address: 200 BEDERWOOD DR LONG LAKE, MN 55356 Name: Alishah Azad Applicant: Company: Creekview Farms Address: 200 Bederwood Dr. Orono, MN 55356 a.azad@mchsi.com Contact Information: Associated Contact: ALISHAH S AZAD Associated Contact: Associated Contact: Associated Contact: Project Description: Project description - Lot widthh and creation of new driveway easement Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application Applicant Signature: Land Use Application Summary(10).pdfll/16/2020 2:12:11 PM] Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000101 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: No 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: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: N/A 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: No 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, Practical Difficulties Documentation Form(13).pdfll/16/2020 2:12:47 PM] Letter View morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Yes . The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: Yes Practical Difficulties Documentation Form(13).pdf11/16/2020 2:12:47 PM] (S)ova ai_tarao, •i' ;i i _a ill a t ! it j #�� p1=1F1i1 «�,..., 11 I l` E '(a'`n a n 9 ill. n�t11 {111;11 it q;II �a1Altil,!,1 a Baia {a! P 1 1 1 = � iF1p=`•+p C 1 1, ';f11lt, i!;i ii '1! i`1 iltljti3da11;/ ,, I 0 31i14 , 111H! it 1 T. g;a1 i '1`1i11r111'!1 ;1111�`yt 0 q 1 _} 1,1a 191' j ' i9 3III 1%11 !1131{' 11 !el Al 11;4 :1731{' 1�a1 tie 1f;= Bia3 11 1A1- it l ; 1°1{I! e11 = It Fa 411°a;111'1 is �.0i .0,1 all;44:1! {1 ' all ! ;iE39;;cif E1 Rra [a a 1 ;�.ES;t''! t ; a i 3it 51;tiaa:e•. ! *Hi 1111 Cr ',II a B {,_t{t� a31 @n tit g 111.t ili t R r 1 NI 111111,i119'�.1r1 a 1 t;a, !Pt!, , iii1/41:9"9/ t 4,1+ 1.4/0 ii{3 3{ 1 3 Et F3; ' 1 i{ 1`,{ § 8 li n1(( 7 F nal i �a1t ! aE._ L i�• FF�tlk-tji tl ial!t +9 i N dialtia3Iwl{11.1% 111 tsii -=t iii ite33gl{tl1;E1 It a 1 131 k s r• 111 I Ai es - P !i3 I. A lit a- � .w ; 7a _� It 3 I :,CM,a,a, /nma.aV.Srn , 3aL',OWS • , I „a 4 I 111I !; t 4, t 1 ,sl• it t�t r! � 1��+ 6, i Y 1 C C vim .af •a_ . g 1 T ,,,—).,1,—, r M ' 1 1 ...1 N IIs mx-1 - .Bi § Qb `- 'dma - / ►S € I S.I �a �v, i 't , z 7,3211 I 1 = yy / t / inti! a 1 � 1a.1 e rg'. 1 a:1,,,b a- ', \ tW g43 .:33 ,' %, 11.:iii, % li a'�v - - - - — ... .�\ - - - - - - y 1 JAN 14 2019 185 Bederwod Drive CITY , Orono, MN 55356 January 14th, 2020 Dear Orono Planning Commission, I have no objection to Al Azad's driveway easement across his land (south of his home @ 200 Bederwood Drive) as shown to me on the plat map by Planner Laura Oakden. Thank you. /;"11-111/f1' 61W Best wishes, Kathleen Abel RUN DATE:12/03/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 11 0007 38 05-117-23 12 0019 38 05-117-23 13 0048 MARK J HEURUNG NICOLE M NELSON REV TRUST SUSAN RALLS TRUSTEE 3315 GRAHAM HILL RD 3535 CHRISTINE DR 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55359 ORONO MN 00000 MARK J HEURUNG NICOLE M NELSON SKR TRUSTEE 3315 GRAHAM HILL RD 3535 CHRISTINE DR 3580 BAYSIDE RD ORONO MN 55356 MAPLE PLAIN MN 55359 ORONO MN 55356 38 05-117-23 11 0008 38 05-117-23 12 0020 38 05-117-23 13 0051 LORI A HALL S L MANIKOWSKI ET AL R A TOFTELAND&M TOFTELAND 3355 GRAHAM HILL RD 3505 CHRISTINE DR 225 TONKA AVE ORONO MN 55356 ORONO MN 55359 ORONO MN 55356 LORI A HALL SUSAN L MANIKOWSKI RYAN A TOFTELAND 3355 GRAHAM HILL RD 3505 CHRISTINE DR MARTHA S TOFTELAND LONG LAKE MN 55356 MAPLE PLAIN MN 55359 225 TONKA AVE LONG LAKE MN 55356 38 05-117-23 12 0006 38 05-117-23 12 0021 38 05-117-23 13 0053 STATE OF MINN E B BACKSTROM/E E BACKSTROM T G VAUGHAN&N P VAUGHAN 38 ADDRESS UNASSIGNED 3485 CHRISTINE DR 205 TONKA AVE ORONO MN 00000 ORONO MN 55359 ORONO MN 55356 DNR REAL ESTATE MGMT ERIC B BACKSTROM TIMOTHY&NATALIE VAUGHAN ATTN DEBBIE GURTIN EMILY E BACKSTROM 205 TONKA AVE 500 LAFAYETTE RD 3485 CHRISTINE DR ORONO MN 55356 ST PAUL MN 55155 MAPLE PLAIN MN 55359 38 05-117-23 12 0010 38 05-117-23 12 0028 38 05-117-23 13 0054 SUSAN RALLS TRUSTEE ALISHAH S AZAD T M ZIESMER&M T ZIESMER 3580 BAYSIDE RD 200 BEDERWOOD DR 3440 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TRUSTEE ALISHAH S AZAD TODD M&MARIE T ZIESMER 3580 BAYSIDE RD 200 BEDERWOOD DR 3440 BAYSIDE RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 12 0011 38 05-117-23 13 0014 38 05-117-23 13 0055 ALISHAH S AZAD TRUSTEE LYNN W WALSTEDT ALISHAH S AZAD 165 BEDERWOOD DR 3470 BAYSIDE RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 CREEKVIEW FARM/C FESTE LYNN W WALSTEDT ALISHAH S AZAD 200 BEDERWOOD DR 3470 BAYSIDE RD 200 BEDERWOOD DR ORONO MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 12 0012 38 05-117-23 13 0015 38 05-117-23 13 0056 KATHLEEN A ABEL GLENN SOLIE&NANCY SOLIE J D MUELLER&R J MUELLER 185 BEDERWOOD DR 3500 BAYSIDE RD 222 BEDERWOOD DR ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 KATHLEEN A ABEL GLENN SOLIE&NANCY SOLIE JEFFREY D&RENEE J MUELLER 185 BEDERWOOD DR 3500 BAYSIDE RD 222 BEDERWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 05-117-23 12 0015 38 05-117-23 13 0016 38 05-117-23 21 0014 STATE OF MINN STEPHANIE BAUER LARSEN TRUST J B SEALS&V M SEALS 38 ADDRESS UNASSIGNED 3510 BAYSIDE RD 3620 EILEEN ST ORONO MN 00000 ORONO MN 55356 ORONO MN 55359 DNR REAL ESTATE MGMT STEPHANIE BAUER LARSEN JAMES B&VICTORIA M SEALS ATTN DEBBIE GURTIN GREGG JOEL LARSEN 3620 EILEEN ST 500 LAFAYETTE RD 3510 BAYSIDE RD MAPLE PLAIN MN 55359 ST PAUL MN 55155 LONG LAKE MN 55356 38 05-117-23 12 0016 38 05-117-23 13 0017 38 05-117-23 21 0017 STATE OF MINN KYLE FAMILY LTD PTNRSHP STATE OF MINNESOTA 38 ADDRESS UNASSIGNED 3560 BAYSIDE RD 38 ADDRESS UNASSIGNED ORONO MN 00000 ORONO MN 55356 ORONO MN 00000 DNR REAL ESTATE MGMT RICHARD&KATHLEEN A KYLE DNR REAL ESTATE MGMT ATTN DEBBIE GURTIN 1140 TONKAWA RD ATTN DEBBIE GURTIN 500 LAFAYETTE RD LONG LAKE MN 55356 500 LAFAYETTE RD ST PAUL MN 55155 ST PAUL MN 55155 38 05-117-23 12 0017 38 05-117-23 13 0041 38 05-117-23 21 0025 LSF9 MASTER PARTICIPATION TR JO ANNE POOLE BARTLETT J J BARKLEY&M L BARKLEY 3415 HIGH LA 3568 BAYSIDE RD 3640 BAYSIDE RD ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 CALIBER HOME LOANS INC JO ANNE POOLE BARTLETT JACOB J BARKLEY C/O WRI PROPERTY MGT LLC 3568 BAYSIDE ROAD MAUREEN L BARKLEY 3630 PEACHTREE RD NE#1500 LONG LAKE MN 55356 3640 BAYSIDE RD ATLANTA GA 30326 LONG LAKE MN 55356 38 05-117-23 12 0018 38 05-117-23 13 0047 38 05-117-23 24 0117 WILLIAM C HAASE JR KYLE FAMILY LTD PTNRSHP CITY OF ORONO 3575 CHRISTINE DR 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 00000 ORONO MN 00000 WILLIAM C HAASE JR R KYLE&K A KYLE CITY OF ORONO 3575 CHRISTINE DR 1140 TONKAWA RD P O BOX 66 ORONO MN 55359 LONG LAKE MN 55356 CRYSTAL BAY MN 55323 Hennepin Hennepin County Locate & Notify Map Date: 12/3/2019 60 . 3445 44 ' 4- _. hr•i tln�a 55. r: ai 1 44A-'r.',.. IPP. ill"MI MI r:5t il 3505 348 0,,, ,, . CAI ,:,. , 3 620 Pt A7 fir/ •i i 3415 { ' 165 y to °640 til 185 3 680 04 -„ • rpt 3568 as) 205 �$ R. '-{fii,.‘ 3 560 4111rir �: �� t 350D 3940: sa' SI s?' . 111111111111111116(111....... x w 3510 3 420h . � . 044i ''''''N't'':..::''''''W''!.4;'.4,(1.5',.';.'14'::':',...,'''..:,; ' :',‘,..k wr Buffer Size: 500 0 50 100 200 Feet Map Comments: I- iiiIliiI 200 Bederwood Dr This data i b furnished 'AS IS' with no(') ' representation as to completeness or accuracy; (i)is furnished withnowarranty of any kiwi; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for any damage,injury or loss resulting from tNs data. For more information,contact Hennepin CarriyGlS Office 300 6th Street South,Minneapolis,MN 55487/g is.i nfo@hennepin.us RUN DATE:12/03/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 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: 12/18/2019 Date Application Considered as Complete:12/27/2019 "QOAt 60-Day Review Period Expires: 02/25/2020 y To: Chair Ressler and Planning Commission Members 11101 ,>, Dustin Rief, City Administrator 4kES H 04gc" From: Melanie Curtis, Planner VrOG Date: 21 January 2020 Subject: #LA19-000105,John Kraemer, 855 Old Crystal Bay Rd S, Variances:Average Lakeshore+ Lake Setback Public Hearing Application Summary: The applicant is requesting lake and average lakeshore setback variances in order to expand the envelope of a building as part of an in-kind replacement in order to meet floodplain regulations. Staff Recommendation: Planning Department Staff recommends approval. Background In 2019,the applicant began construction on a new residence on the property.The applicant has now requested lake and average lakeshore setback variances in order to expand the envelope of an existing accessory building as part of an in-kind replacement in order to meet floodplain regulations.The new building will have a flat roof,and must be elevated approximately 2.4 feet. This results in the corners of the flat roof expanding outwards from the sloped portions of the existing roof approximately 1.4 feet. The expansion of the nonconforming building is minimal. DASHED OUTLINE OF(E( SAUNA BUILDING -�� ENVELOPE,TO BE RFNOVED .I it ANNUAL STAINED - CEDAR TEG SIDING �-DASHED LINE OF(E( FINISH FIOOR Practical Difficulties Analysis Applicant Practical Difficulty Submittal Information:The applicant has identified the existing conditions: location on the property/setback,floor elevation, roof/ceiling height as practical difficulties supporting the requested variance(s). Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. FILE#LA19-0000105 21 Jan 2020 Page 2 of 5 Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff finds the applicant's request for a variance to allow the minimum building adjustment necessary to conform to the floodplain and shoreland low floor elevations is reasonable.The variances are supported by the practical difficulties resulting from the existing building location on the property, as well as the existing elevations of the floor and ceiling. LOT ANALYSIS WORKSHEET Section 78-1279-Setbacks: LR-1A Required Existing Proposed West Side 15' 18.2' No change East Side 15' ±219' No change Lakeshore 75' 53' No change The building is entirely lakeward of the average lakeshore Average Lakeshore setback line. Section 78-1403-Structural Building Coverage: The lot exceeds 1.99 acres and is therefore not subject to structural coverage limitations. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Proposed Overlay District in ZoneHardcover Existing Hardcover Hardcover Tier Tier 1 107,655 s.f. 26,913 s.f. 14,115 s.f. 149 s.f. No Change (25%) (13.1%) w/in 75' Applicable Regulations: Lake Setback&Average Lakeshore Variances (Section 78-12791 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 FILE#LA19-0000105 21 Jan 2020 Page 3 of 5 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 supports the minimal expansion of a non-conforming structure in the lake yard. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake.Alternatively,the goals of average lakeshore setback include protecting views from land into the lake,the requested variances to increase the height of the existing structure the minimum amount necessary to meet the ceiling height and floodplain regulations is in harmony with the Ordinance.The most adjacent neighbors are separated from the structure and situated so that their lake views will not be impacted by the changes to the existing building.The minimal additional mass of the flat roof areas within the setbacks will not be closer to the lake than existing and will not negatively impact the views into the property from the lake.This criterion is met. 2. The variance is consistent with the comprehensive plan.The variances resulting in reconstruction of the existing sauna building without footprint expansions within the setbacks in a residential zone are consistent with the Comprehensive Plan. The variance to permit the upward volume expansion is solely to conform to the floodplain regulations.This criterion is met. 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 a minor upward expansion of the building lakeward of the average lakeshore setback and within the 75-foot lake setback appear to be reasonable;the flat roof design minimized any potential negative impacts;the mature vegetation, topography,and property orientation separate the subject property from the adjacent neighbors.This criterion is met. b. There are circumstances unique to the property not created by the landowner; The applicant proposes to reconstruct a nonconforming building to improve functionality for the owners.The sauna building was not constructed by the current owners; and c. The variance will not alter the essential character of the locality. The requested variances will not result in the property being out of character with the neighborhood;will not expand the footprint of the building;or result in additional encroachment into the setbacks toward the lake.The new encroachment will not alter the character of the locality.This criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,subd. 2, when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's FILE#LA19-0000105 21 Jan 2020 Page 4 of 5 land is located.This condition is not applicable, as a residential accessory building 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 proximity of the existing sauna building to the lake is an existing condition which is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The location and existence of the lake yard accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other properties with lake yard accessory buildings and boathouses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The sauna building is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right,however the building will only be expanded in order meet floodplain minimum low floor regulations. 11. The granting of the proposed variance will not in any way impair health,safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety,comfort,or morals;The Commission should determine whether the modest expansion negates to goals of the code in relation to views into,and out of the property. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The applicant asserts that the variances are necessary for safety and will not merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Analysis: Staff finds the applicant's request for variances to allow the minimum building adjustment, an upward expansion, necessary to conform to the floodplain and shoreland low floor elevations is reasonable.The variances are supported by the practical difficulties resulting from the existing building location on the property, as well as the existing elevations of the floor and ceiling. 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)? FILE#LA19-0000105 21 Jan 2020 Page 5 of 5 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the lake setback and average lakeshore setback variances allowing the minor upward building expansions subject to the following conditions: 1) The patio/sitting area adjacent to the new building shall not be a hardcover surface. 2) The site plan revised such that the area around the new building be graded so that retaining walls or stairs are not necessary. No retaining walls or hardcover shall be approved. 3) The property owner shall sign a covenant regarding the plumbing in an accessory building. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing Survey Exhibit D. Site Plan Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Property Owners List Exhibit I. Plat Map Land Use Application Summary Application Date: 12/18/2019 Address: 855 OLD CRYSTAL BAY RD S WAYZATA, MN 55391 Parcel Number: 0911723210015 Land Use Number: LA19-000105 Application Submitted By: Agent on behalf of property owner Owner: Name: OCBR 1 LLC Address: 4567 AMERICAN BLVD W BLOOMINGTON, MN 55437 Applicant: Name: John Kraemer Company: John Kraemer& Sons Address: 4906 Lincoln Drive Edina, MN 55436 john@jkandsons.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Boathouse - 75-foot lake setback; Average lakeshore setback Land Use Application Type: Amendmend Application Appeal of Admin Decision Li Concept Application O Conditional Use Permit Site Plan Application Li Subdivision Application Li Subdivision Exception Li Vacation Application 0 Variance Application Applicant Signature: Project Narrative: This proposal includes an expansion variance request to re-build an existing non-conforming 149 square foot accessory structure within the 75-foot lake setback in order to comply with current Zoning Ordinance guidelines and Minnehaha Creek Watershed District's (MCWD)Stormwater Management Rule.The re-built accessory structure will serve as an ancillary use to the one-family dwelling currently under construction,which is permitted by the Zoning Chapter. The proposed structure includes a small water closet room and an area for the storage of boat and lake activity items. The Zoning Chapter allows the in-kind re-development of an existing non-conforming structure within the 75-foot lake setback. However,the existing structure cannot be re-built in-kind at the existing finish floor elevation.The existing structure's building footprint where it meets grade is 931.1' and the low opening of 932' is 1.5' below the MCWD's required low opening elevation of 933.5'. In order to re-build to meet these requirements,the proposed structure requires an upward expansion to the low opening elevation of 933.5'. In addition to the upward expansion of the low opening elevation,the proposed roof height expands beyond the existing structure's roof height as it sits today. However, when the existing structure where it meets grade (931.1') is placed at the new low opening elevation (933.5')of the proposed structure,the proposed structure's building envelope fits within the existing structure's envelope. In general, the property owner and applicant believe that the variance is compatible with the general intent of the Ordinance and comprehensive plan and does not alter the character of the surrounding context. We would appreciate a recommendation for a variance approval. Thank you. PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000105 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Not applicable. The Zoning Chapter allows the proposed use. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: See response to #8 below. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance will not alter the essential character of the locality. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Not applicable. 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: Not applicable 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The proposal includes a permitted use as allowed by the Zoning Code. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The Zoning Chapter allows the in-kind re-development of an existing non-conforming structure within the 75-foot lake setback. The proposal to re-develop the existing structure within the lake setback includes expanding the height of the re-built structure to meet the Minnehaha Creek Watershed District?s (MCWD) Stormwater Management Rule of providing at least two vertical feet of separation between low openings in the structure and the 100-year high water elevations of stormwater BMPs and waterbodies. The existing finish floor elevation of the non- conforming structure proposed to be re-developed is 932.0?. The MWCD?s Stormwater Management Rule mandates that the lowest opening in the re-developed structure is at 933.5?, which is two feet above the 100-year high water elevation of 931.5?. The Zoning Code and MWCD?s Stormwater Management Rule do not permit the proposed structure to be re-built in- kind at the existing finish floor elevation. With the re-developed structure?s low opening elevation at 933.5?, the roof height needed to expand upwards to allow for code minimum ceiling heights. With the expanded roof height, the re-developed structure?s envelope fits within the existing non- conforming structure?s envelope from where that structure meets grade if set at the new finish opening elevation of 933.5?. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: The applicant has no knowledge of other land or structures in the district in which the conditions may apply. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The applicant has the right to re-develop the existing non-conforming structure with a permitted use and is following the development criteria set forth by the Zoning Code and MWCD. 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: The proposed re-development within the lake setback does not impair health, safety, comfort, morals, or in any other respect is contrary to 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. Response: The granting of the variance will not serve as a convenience to the applicant and is necessary for the re-development to meet the criteria set forth by the Zoning Code and MWCD. SAUNA REBUILD DETAIL FOR z n SCOTT & STACI RICHARDSON Of M,armR _ - MT MT Or M EMI IN GOVT LOT 7, SEC. 9-117-23 AND i I"aGOV,LOT as .mow F�§ IN LOT 3, BLOCK 1, LITTLE ORCHARD ' -.— ] %/ HENNEPIN COUNTY, MINNESOTA � �.a y NOTAME % '6 o i '^� .\a .\\\\\-� -ear_////' v0i>2 1 J i r' \ Iltp �'v _ ---' a a .rA `� #E\) \ ;fir°a'�; `w,. ,� _ I a z i ; "os SIP \ .....---_---_-_,-;7-4010.2) i,..,, i4 ...1',... ..,,,,, ...., ,,,-,-,..,,,,,,,,_,:----- 1 I DE aE ,�..._.._-fi'3 "ems �; ,�� °;e � �t,, siv_Lm= i�' SUR -`•�'i& u(OM) a>.w y i- _ I HCl-lq ff� \\\ \°°v�� o e 5 m"a\ �'% \ "% f�`► a ,---Q LAKE \\ ��,\ a \ -- /. , I y�\\,y \mctaw \\ ,•LVE x^ _=�` (,&,,,w,,,` - - ` rM00 \ TE'PARALLEL WITH EAST _ �� MINNETONKA \ TE'PE cav'T laT> —_ te-�A •0 \ / '� _ +,w, ..� °� LITTLE T q MAXWELL BAY \\\ A V e„m ORCHARD \ '}a (; pf , `c, tAY 1 SAUNA DETAIL \\ \ 0J O , \ ; O G 1 2 FEET SCALE $i ii / - .fik,A* --.-------- )jit'' g-t r: -I ;.\*.•,:',:.,.`„,e ,----..-07., , „.. .._ . t-_.t . _ � ,., \,‘7,,,,, \ -,,, ..4-,,,--:_-., _6.‘,:.,\:::‘,... ..............\\ ,,, ,... ,4-; , 4 LEGAL DES OF P,..,,,, i-,g,,I.i ee \\\\;\ ! DESCRIPTION REMSES r go "' � ''x Those t f South theent Lot 7 in Section 9,Township 11],Range 23 West of the 5th Principal Meridian,and Lot 3,Block 1,LITTLE ORCHARD described as follows:Commend t a point -SB a,,, \.�z. .x. ..—.._..�..._- _ para corner - r FLEE ofand 462th feel of the East line of said Government Lot 7..11 beingthe Northwest of of 3,Block 1.LITTLE ORCHARD;thence Dung 78 degrees i`o Y 302.81 feet North linegreea PETAL �/ \.\"\\\\ '� ' degrees04 minute 18mi seconds seconds West feet:thence South 7 degrees 30 minute 30 seconds West, 135.11 feet to the point of beginning the parcel Deity described;tM inn continuing South 7 .\ -\\ r� // : . ' 30 minutes 30 s onds 100.80 feet;thence South 37 degrees 22 minutes 34 seconds West 491 feet r or less,to the shore of Maxweloa Bayy,Lake Minnetonka;thence ', -..--,''',t, -- \ \> \\` ,Jxf/ , ee.sen!'ssme Southerly,porde!with the East line of the above mentioned Government Lot 7 In said Section 9,from o / pSoutheasterlyintring along the shore of sold lake tointersection with liner g feetfrom assint i e X";South hgalon 54 minutes 40 an seconds West and distant eat the secondspeint of commencement.said lastdefromibed course in of commence rent;ed to and designated \ , .�`�� °`xs��.,, .��-2/.."4,.,, s,-i' Mr "Lina X";thence North along"Line%"tosaid point being South 12 degrees 54 minutes 40 West mdetlist d 766.76 feet from soldpointf mm nc t;thence North 12 / degrees 54 minutes 40 seconds East along a line which if a tended would y to the point f commencement,sod let described line being designated "Line Y",3 distance f 3]1.]6 \\\�� 't _ lc.\ _".\` .�—7 f,' feet to Me 134thweetcorner of °id Lot 3:thence elerly alOng the voutherly line f acid Lot J I tn:t f 9p t leaf;thence North 5 degrees 19 minutes 53 seconds East a I .' N\ \ \ \.�\.��,y\_______'� .1'"•I+L r• tlislFor a 134,99 feaf;°thence North de tliption 48 minutes 01 sec°ntls West a distance of 1]1.]0 teal to the point of beginning. '�y�l' \�:\\ --- �� - For the purposes°f the aforesaid description �� _ � aAIEaT Nag,yid-' (0)The poet line the ceenit Government sot]in said Section g,Township 117.Range 23 Wow of the vee dr to Lel Meridian,is assumed to be due North me Shull line. \\ (0)The print of commencement ie the s the point of beginning of the,description of the property conveyed to Leonard st G. t and Geraldine c Carpenter,husband and wife. 4\' ` \ -_-- -,. .1-/i i. • ,, CD 4 — -.: _•„...,-.•„,•,.- •-- -i-'y 'z8 ill '-'III iflii Mil „,„„„ .„0 ,Ill'Ill t li ,1,1 i Iiipfi il I'l ll 4;Ali '113'11- 114' 3DN3C11S321 AV9 113MXVOI t-`•i' i eq-191-13 ri ?.4 0 4111,141114Jan'; i;; .! i;11;;14 1111111 '.-- `' Ill l' 1/1.11'r3114 i —4. Eil 1141 i P .1' j . -- — -- . I _ ..- ,tlilpliiiipif , !, 1 1 -2 1 oil ulli I Oa/1 --,,,r,_? _ — — ...... —------- i 5' iiiiiiiViiirii 1 i 1 h . g I.1 MI I iiiii,it"MIDI _ --,K4,--4,-;:---- _—----------------------------------_----------i ----- ----------- -- 1,—::"------------------ --------0 _-- _---- ''''Ir *----1,:41--i''-`-----------------"-_-::,- .4Y-" ---- ------------ -----1:-------- 1 I 114. ,..- ----- -r-,-,*•'-'4..k ---------------- -^---340.-------- ---------------------- 1 1 AV, 0 -----r---------- -----'11------ ' :>.-C:::----4lak-----------7-------,---•--' -------------------r(„S- --- --------------- -._ ' 1 • „ „ , „., .__, _„„ sp,,, --"--::-..-- -* -..i-,,-'/---rk-:'---. --------->-'=-----1---------------- - ,,,,e- „.•->-;,;-.1. • .,,,!?,,-/7.-,---.:---..---;:e/5----------------- -------------------------- O.------------------------------------ - - -11 .--„-- /,, ..4i6 .71';',,..,,'",..-----------..:',-..„_---------------------------------V--- 0---- 0---1 '7' '. /-/ -7140- :•\--"-___• --g-- '-:----- --------- ----- 0-- -------5X„ .1 / ,' ,/ '11 /- •/ ••-• /1//./..4:::-/.{- -- \--------:'-171-_-_-_-_-_-_---------------_-------6-M-- --------- . ._ .., • • --____ ,,-• 16 4 - „,..... .-- ---4 • .. . ' I . . . , ---i."--•.:/.1 / / \ 1 i'1*4-z -fk4,/kirk 7.,---.::,--X-k„.._-_ ,,,„-i„, . ,__v,./, ,, i -.........__........ -----, -1 (7/„/„/ o*,* . „. ?i, „i„ ,-,4,. . \ \ 24-v.,‘ .,, , , 7.- - /.,..,,,, ."„,,v .#,,, ',44,:iteil, 1 , I i s,,,. ,. 1 \ i -1-\----1 " - -"--w/,/,.7 V / , , . 1,-,,•-• i I t\ \', k--,1 , -,,, \'t ..., e--- 1--'"--k„-.K.,-..,---" -*•." --x. / /,./// I 1 s i----',...,.., ' ,...': **- .%3t51„ ,.. .?4;.--1e.!:,;"/,/I / "' / 1 i i /I . p ; ---, ------., -----\L \ .,, , . . . . , , i)• -------------,..,z \-0,,,,.. \ / A1/4' *"0-----"" :\ / fN-2-t' @....xk7. /,,// (0, \ , 1 .. .------.,„---,„1---.----, 1 -,,g, ... .., ,, -----„„ - " /„.--- ,z,:r•tr,..-'.1.,--?:-,-1-74'-;7--'I.:• p,s„-lre,;„Arei• ,. ,, •&4,73tot \ ,-:,--------„ ----, N.;.v./..i- ,,,,.,;•7' — .,,,t,, -;;;;.1:.-c,„„ i,,,A,,,,, ,,.‘, ,,i------.41)__„ -"-„, ---,, "--------- ; ',ct• ; arli , ---->wcr-- 1,____. P2'1.:1:',;,:„ „:,:: p.,Z4... „N '''"i.''c•-- ';', (....'":1-„. .--'„„ '----„. N -------- ---- .....: .Alit li I,zlek„-- N:!,..•:.-4;>„•R‘,„\\,',„ -----,, --,...„,---,,„, ---,„___,--------------------• _,....• a , i i A.,:ci.,..„?.,gt.4.51 ,7..2!--- --•---:- ---------:•••• -_-_-----:---- ---.:------------ airawr--,.. ' 100/ 01/ 00/ It),,\,r.';:>„\\---•.:-.-----„..,"---------S--------,-"lii--., "'----------------, .., ' plil 1 av ,•. '1."•-•:- .,.-• ,,,,,.1,,.. , i.--, ... --•.:‘,...1'--- Sz-„,----„ ---, ---„ --„,- ----.. ----------------. slit _,„,--- , , . .:-::::::-„i'-----:----:::--!!!':',IN:------------„ --'----„ '----- --"--- ''------ 1 _. ' -'4°: , 'VT t:'•1 , 1-- ,t::::::::::::;,":.•:-.::::•_:-_-_-_-:::::::::2-,Iss--,::-•„,------„, t:--11-::::::-1::::::::-::---:::::::::::::,::::ZI.:::: ••:'---,. '----.'-----. '''-----•- :4 -----/-- "----',C-$i":-'sVM / '-. ..'k-,„-4•,_x '-: -"".‘;'4,. A' 1-- --::--:::-::,----::-----:::----::---:-::•::-.---:-:-2--„ ---„, -----. ------ / / 47:,,f,-,:-4-4.- --'-,41•--•-_ ,/I/• r; gi 1 ?.,t.:-.4,,-,::::::---:zi,---:-,----,-..i:1-*:-..›_-•,:-.,,-:11-.: ::-,----,-,-..-::------:::: •••4===-_-_-_-_-62. ----------_____-----44-4, t--0.44, 1,:••„„,...p. o. ..,,,ck,::::,,itti.:•:„..„y_.4.4„,..,_•-5„:,, ,,,,_.:::::•____•-_______"•• ___...,--_-_,.., ,.. _______ - -„...„,„„::::•••:.„,,v_____€1., ,,i„i„?.."•__,::: ____ ,________-_____4_ .4.______ .i_,_,--:./...,7 , ____ :---- ____, ....__ _ ,„......„ •• _ . .. • __ _ _ _.... „ ---- -----------------_,-.f .i'g-i-ggi5.kr..;-i.„ ..fii.-3;,-_;, ---:::::._•,_%::: --f-_-_-_-____--- „/„--/,,,\ .,.. .,_, ..„„„„... . 45. ,,.0---------_- _,-----ii.-,..,...,- , .,_,,,-..„-__ ---- . ,,--- --..v„ . - -- --.,..— -_-_-_-:-,,,,,,---„,,,--_--0.------- __ --- -C4t :,1 --,. .._,:x...--..-....-..-„-:-.0 ,----:--,f.--.3*,:i___---7---:- --- A A-A . •-.. ,„ ^ t..4-- ;,,v,:„, --,.... '5,0*E .4--------- .x.Y 0 z--:-...-::;.E_-4 ,.. A•1, ----\ , it \ H iNa d 0.„, 4 \ ...............________ ........._ VAXWELL BAY RESIDENCE U. ` ,, ACCESSORY STRUCTURE RE - BUILD U poi Il\/11U0 pk.711 . ,,,, 5:;';44''' . * * Ill ., 14. ' . .4' : I .„, 4 11° :417 ' ' ........................* k 1 r 7 .4 t * w 0 ro J o p lyipi Y l d r Cover Sheet Not tar CooOrucfior LANDSCAPE DESIGN INTERIOR DESIGN GENERAL CONTRACTOR ARCHITECTURAL DESIGN SHEET SCHEDULE 4,[No.^.,�. Topo,LLC. Hanson Nobles Wunderlich John Kraemer & Sons Charlie & Co. Design, Ltd. wo ` .��,,.. t 112 N.3rd.St., Ste. 500 275 Market St.,Ste.368 4906 Lincoln Dr. 212 3rd.Ave.N.,Ste.356 1 Minneapolis,MN 55401 Minneapolis,MN 55401 Edina,MN 55434 Minneapolis,MN 55401 ua mrnµy iPhone: +612.929.2049 Phone: +612.343.0044 Phone: +952.935.9100 Phone: +612.333.2246 Contact: Scott Ritter Contact: Jeremy Wunderlich Contact: Dustin Propp Contact: Anthon Ellis """'""""°"" Jeff Kraemer Charlie Simmons I SURVEYOR SOILS ENGINEER STRUCTURAL ENGINEER 1 Gronberg&Asssociates Inc. Braun Intertec Mattson,MacDonald&Young E 445 Willow Dr N. 11001 Hampshire Ave.5. 901 3rd.Street,Ste.100 I Long Lake,MN 55356 Minneapolis,MN 55438 Minneapolis,MN 55401 I Phone: +952.473.4141 Phone: +952.995.2223 Phone: +612.827.7825 A 6 Contact: Mark Gronberg Contact: Kevin Zalec Contact: Joe Cain 0.0 1 ^.4. ,..,., GENERAL NOTES-FLOOR PLANS 1 1 t ::::-.1=-,'•=t,',:.=.,=',..°. on ;t l!,I MIIIIIIINEr .,, L.....,=.,,,........,....,.....m _...,........... ... I.. , = y 0n.... ,l=lti ,7,1Et:i 0 <> 0 ig,y, KA 7,46,,, .111127. 17'" Nom 0 ntl',7 ,1111 itllim .0, -'7,..-7.7--; r"ffircki Nail ==, I __.., . r.j.2.7=1..... ....,i.....=;=7,:',.:4.....Z.Z"."" Y I.- 7:17-...-,.J OIA 8 .-1 ' ':".----------°-- -...mtz=.?":.t...,....„..t.,. :`0:15:" 1 ,A, r1, „„,..,:" -:,.i el , , - ilm, r,,. . .ffimmil — li -- bm.. -4-- 0 .,,,, ,Ay ,,,,,,,,,,,,,,,,,,,1 '" _ ain=1111 11=11.1 om. imaismumm-minc,„,..._ .:...7,- -,— F.1751- i-; - i - 1 turamilarec IMPORLANT NOTE FOR ALL CONTRACTORS 6 SUB-CONITACTORS_ .. AMMO L'....,..t.'''."7'. ILICTI299. * -J :L- 0 __I L 4.) r'•'-'arv.,:',;---:::::-":".,,:',7'''''' 77.-=',',-;,:a*ZZ:Za rouswormarrl 0 Proposed Floor Non 11 0 Proposed Foundation Plan 0 EtingFloot Plan -.- -.---,..-,---:.,-. ---,......- ------ <=, ,.. ,.., ,,.. 1 t 1 1 1 r ,„„. ... ,,..,.. ,„„....... o iiiIIIIRIIIffira,14-1,W r..?mtv,7,- i 3111111111 as',..,TZ,v, ,,_1 Lu 1111111111111111111 a 'r'c':a7='- ' ' ''''?% °- • iiP ,,,,;...,;:,, — , 7 .: ,..,-.. I I 4> —' ' <> -J L ' ' -J L 0 • -J L G , / L' :',' 2 WO r;--N Proposed Rellested Ceiling Plan —- -- ,oMed',mina Plon —''".— " '---, Rrnoosed Roof Plan _, New encroachment shown '4.0...,,,,,,,,,,,,„ lli.I I 1 Plans& , -- Overlay of proposed building over existing `,.,„,„..„ Exterior Elevations Not for r.,,°.r.:;:kz, , Construction =1= ESEMEMIS1 __ -.'" il I I° 1111111 -. — 1 ' te'F'' L- i . 441 1 1 pH Ili---:•„„...,•••_. „.,..,,,,,,...:, I 1,.., . „,,„•••,,„., , ,II ii ,,, ....„,....„. ..•.,.. ,,,,„ - { . . .•• , =2.,,t.:V lit, 1 I l' 1 11 .4110 ':-17,.':,,,2,7:-.,...: 1 II rpm! 1 . 0 0 1 11 li A1111101 am. mi. _. ..__— .. / .........P.1. ' illall EM DM ,,, 1 0 Proposed Exterior Elevations-Existing Sauna ielitro;*57ologe Shown Dashed , A 1.0 i i .... "'''' ... 1,,. .D-. ii UE ItirPliii/ P'I 04 §ii 13c311,';.41, in, I-1 „„,„. -0 ,^9S 1.9k,+I PO 3 PIO 5,9 .,, O -5 8 E, Is f, , E-Ft: 1-4 ; ;;.; 0 , . „ .-tt... DN (11S321 AVO 11MXV 333IN elygq 40,33'.32/k IA Illilililiblillikilil 3 v . . 11 1, ilf II i 1': 11 1 ,1 1 1 II I 2. li111 Hilli 111 i 1 5111 1 ''g 6iIiil 11 11i1I1'1{11 11010 i 1 Mililli Y; .1 ; ; ; 3 i i i • ,_ 2.5 31p11PI 11! IiiPlifli bll I 6= 1-1 ,,-1 I 1 „t 1 P ...D hi I! 1 ,;„; ,,,;!; ;.- -- ,..,.. ... -- ' I '1' ; 111111•1111 0 ril..... .„ 1 :,,,, , •, _,_ --, . - " ., .<... o .÷19 .. • d i 1 .. . .. di t• -• .. •-• 0 0 0 ; g ; . ,_.....; 1 col O. .mom•mommissis a in...............11. * 'C'E ,' :': • O A i h! i i hia H 1 1 F 111111.11 0, VAIIIIIIIiii IF a a -° nom_ 1 . ilirdNIMINO •cs °. ia 4 4 „ .... 111011111111. 11 IN ill ILM !, ,7E iernm_mi i a, p CD- e i 1:1 ' 0- •IS= = imi <D- (D- !!J , ,. !WETRIffI4 k o g / -- -ip 1 .__ to ,:,, , .......il. ..7_ — 1 _ I \ : z 4! 1 '5 II[ il I .— Z = . .0 . a 0 0 0 ut 0 al . i i L:t 1 . 1 i .f Cg'idg 1 i gy 1 ik g! 1 ''''''' I 1t ./ ,..- P i ii==,--'17' infiliFirdif IF . mml , - - , r 0 ...--- 1.. 7 _. ....,_____ r -"iiii?14 , if›....diktiefl , 1°. , ! 1,,,,,,.. t,,, ,1 .. l':.: 1: _i 1111-1m.—="1--- g E /1 ... ... . I ,, A <I>-i g i_e e„ , _,. „)._ . ,,,,,,,, ...„ , .. • '-41 PAMIR . 7 m. .* -0 : '..,''‘.. I .---. ..Faiiiiiii — :4 .g —In 11 il ; 11 itVi di S_3 0 • .6 4, 0 .- - .,: C ---.--....------—.- .- 2 a u # '. ,1 00 2 ,: !%. ! 7:,::``',.-1177.777 ,ƒ .§ $ .,—, ee , o .- °3 7 ! J §%\` __�.„ . \ ; i §! ! e # « - - & a A} !�\)e !!Q | £mo:, AVE'a�2�Y&w = /§/ ! ] }q . . » $i! d, %9$ ! ) § /- z: / Amoms/ i ��/ d,�. 2 mi 2} , © . } _ ! J \ / ( © ( ` (( O ) ) \ \` P . a ! ° ( ! \ \, /� (\ @ \ ( ^ A ƒ ■K : q\ / M{ \ / Ti c ( ; , z - K ; h( \ ) , - » 2( 0 ;4 P .,,/ .s CD 11Po liftl lilt —„,--,— >—,, Ia.4' _.'§f.• • • AN,11:115J• ' -7' ',.' •- Z 12 IltiV V;§. rTj 1•51: ` n1111q°1111i'lll'111 li'll RDN3CIIS31/NB 113MXVV4 . 3'' z, I;!i i ! r------ - ailJe93 1-'12,4.:Lr Ilihnbtifidi', iii 2 i ; , ;! '„ ; ' i g 1; r 2 0 r.vr ; I e ,.. IL ;i; Ig I r 2 , , ; ;"; i „ ii r 2.gr 111 . J IL silli ; fi i i v; 1 , _-t...: $tat—lsott,-,—,-----_,= 111 wirc.o—j llo 11111 . — .1Eliii—: -------'7------la ---- t-.7..-..--m---toto ---44#1 11 111.11 A 1 tl!lHlil'billi:--- . i_ 1 11 iii 111 iii lail rig 1111 I 111 110. y uo ,-, lig11I .: .. 11 i1,11, - 1 II ','....;:;- :.:i.:-,:.°:;•:Aii °;.:7;::.:°!::-::::::,,' 7 F,,,tet'' hft I - • pa r !• 1 iii Z . ! . • IP 2;11$ —; k , i i ,2 5 4 ,! !Ill ! = _ 3..7„ : 1 n _ i _.: t ?...r. ,x 1 41) . 0 111 0 , 1 0 ill ,Il 1 II I I, ......_ I i 157A - .. ..„.„ _ _ ._.._ .. liti r ,,O, .-..... ---....--,4:- ...:-.---:,---....-.--- I 1-; -:. ;.; , :,......-:-:........,;,,, , . ... . h, ... ..... ;-,! ; I ; 1 liD :::: i, _ ; 4,.0.. .... . i ;. , , -: 0; : i !I! .,:: ...- i q: ::: .,... ::: iilh.: ::0 vy Pik .111111:0------- ii ,Iirtmozooli144141 f. .: : : 1!i i>.:_e.....,__...L.a/5.5.Y2'..5-5 14.1112L Ail 4j1.01:- 0 - ''''''' 1.---- oor,lol .:.:.:.x... . , , 0 _________ . 0;...„,,,.............„.„..............._.....:._....„.... ,.. -,-,....-.......-...-„,,..-....;..,..,-,.__:. ---.1 .1-21,. .ftWZg ; ..i.Y. ia •,-..: i -,. -, g. 1 ..tt"t #= i i :•• ii i t iii I :'‘R tt t i 1 t 0;W ; a- R. 11 Fai i i; i i ,! I .3 r g 0 g . b,i' '' Y.= 'IS '" :-: § f •, - 2 i , n Ma,-..,;TA ; ' a 5 T ••fi':' DV'', ° t '&1:.:1„::'7••<-4 .. I lil ii h ni , ili \„, ' °...... -4:.'...'m - 0 1 Illrqiill 11:1 . . • :'...'°::::*:.:-.:*:..,°:::.,:)/ • ., •iii-ditak .-, •t • ,. ,,--1 - . 1,.:!,,I el . - _ft ' , 1 1 I il 1 li 1 I 1 Mg!AI I iril 1 li,!.It'-7 I IP I•I I`.1: '''- - :! rAtO 1 .. - . . . • ''' ;-"-` -:"°r5WZ; . . • '•••• ':,''',:a...., 'AVN:i....,gg 1I11 1r1ri.':,'','2`,„:i-:„:''„',5::.,':::'S•5:::::%°„::.:„.„:**.,.:".„":5:,::%:,:„;::::„:.:„:1:,, .1„,,; .;,°i: :i ii;i '” gi,.• Es 3 , ° .,;.',,,,.',,5''-:Z5-1Z,.1,,-.,.,....",':,'',:3,,,,„,:l,5.:,:a::.:g,2'_•1;-5aV..'&°:/.:':".,:Ni.5at:s!ge.,,O,",5!t,.1.t!!a,ir)s,:„.....14:.',:.;,,,,..;..;w,:i T=7i.'.',,'', .., lig .7 i i qi 0 0 0 City of Orono �oNo Hardcover Calculation Worksheet = Property Address: 55 04i CkYrTAL BAY lG,t f.� CR/c.5/if R Drc.(4 `�kE5Ho Prepared by: Date: o.✓e ERG # Arsoc/Ar��, / /`f-/2 Stormwater Quality Overlay District Tier: (Circle one) CD Tier 2 Tier 3 Tier 4 Tier 5 Step 2:(1ROP9SED HARDOOVE� In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square (Example) (Garage) 124'x 30') Feet) A iS/OaCJ"E (720 S.F.) B Cr AAA.G E .� 6- S.F. / '3 S.F. c G/LvcL De L/c Ay 6 6_3 S.F. Ad/t� A L k Y$7 S.F. E /17. P1'_ A/oT TUB 2_50 S.F. F F,,6 fir // 2 S.F. G S.tGI eVA (Fet57'1.4c) !y9 S.F. H S.F. S.F. K S.F. L S.F._ L S.F. N S.F. S.F. 0 P S.F. Q S.F. ft S.F. S S.F. T S.F. S.F. S.F. V V S.F. X S.F. Y S.F. Z S.F. S.F. (1) Total Proposed Hardcover !Y, 1/5 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 Posed Hardcover [Subtract line(2)from line(1y Proposed (4) Total Lot Area �yj/15 S.F. /07, 655 S.F. Proposed Hardcover Percentage [(3)+(4)] /3. // % Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 19 / /` i / f • Subjectf ` Building • general,house location (under construction) / Existing cabin,separate/ future project Ntillikoli1/4 1 'Q '''' '''''C.'!;I:f'i:::..-;41/..'40":17 J( V e F1 { , j( ' °l" e*./ `, .� /r • *Note: Lot lines have been adjusted. Aerial Photo maps may not reflect correct lot lines. f�� .13 . .,.... .. ......,... . „..,„.„,,,,,,,,-.4.- ... .. „...„-.... .: . K • `` .�• s ler - ( it, ” ` , s . ,„4 §*`R .iii, y Y, ,'"'ir, ' • ...- ,. - ', t y� , .. ', . r ` - 1, •t•'t , • .iC fi •. A. •r >:f i. •'t ' _ as 1116.4t.''4BEY • a ...,...*„.4.., t'# � n ,------,,e,,- tt . :1,�. .. -... _.........„_..-rte .r � Yy... -\33 Ati,%,\' • 55 It 0. • YJ "�ta y y4 • jj�� ypy��pp 11 9 Y+4 kkJ» % Frt x g i iA lit ,i'-'' ,vt : �+ :3`*,r . ' a y. ry ...• 6k�v# < �.�I�'.. xi � --:-.•- . - 'xF v s 4 2 `�1.1 ,tt ,y "`s.'4 i, t ci ' a `.,`. .. ..':"*:i7A,' ''114,C-1:: y 7,17r1/::,`,::7:-.:;V: y , 'h y uez•-• -' ,.,,,,,i','*.1* •i7":4'.` ...*- . . ... ,. C ` t . ... . ........„ ... . . . , ...., .. , .... .. . ,„ ..0- .„, „T g•. ,..'t ; ,:*:1•:* * ' 2.:",,i,:,.... : ,.,,.:.,i' ,:,...,„' ...,.. ,: , ...."4!,1,;,,v,,*,..0,,, it ,..; . Y f . . _ .. ., .. , . .. „ ..,s.:_,. . , .... „..... .. . . ,,,,,..,,,.......,,,.., S ` * �'F . ,. Ri „.,s,. .‘ ,, . , „.....„ , „ . . ..„.,,,,,,,..,....,....„,...„,,,,_.. .. , . . ,„ S 3 :. .. ., k-, ' ' , 'r t t «, 1 • fj . .. / fir.#' 6e� � z$ -44 ; <� / • r' . ,ge .y.,..xi tri t=?s. :,:_. / ' _ ?.ate_ r [ ^ + s a ^tt rt pis f i° s '''}r y: s :. !.�" sr c by r' }^ry e, . y,y •,: �a Y f r 4 {� t'e' �.. . �,,:p t ✓r :.per, , RUN DATE:12/18/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 04-117-23 34 0015 38 09-117-23 21 0017 JUDSON M DAYTON ETAL TRSTEES KOOLWUNDA LLC 38 ADDRESS UNASSIGNED 799 OLD CRYSTAL BAY RD S ORONO MN 00000 ORONO MN 55391 JUDSON M DAYTON KOOLWUNDA LLC 121 8TH ST S #860 640 LOCUST HILLS DR MINNEAPOLIS MN 55402 WAYZATA MN 55391 38 09-117-23 21 0007 38 09-117-23 21 0018 JAY R SWENSON JUDSON M DAYTON ETAL TRSTEES 2850 LITTLE ORCHARD WAY 825 OLD CRYSTAL BAY RD S ORONO MN 55391 ORONO MN 55391 JAY R SWENSON JUDSON M DAYTON 2850 LITTLE ORCHARD WAY 121 8TH ST S #860 WAYZATA MN 55391 MINNEAPOLIS MN 55402 38 09-117-23 21 0008 W R LANGTON&M K LANGTON 2870 LITTLE ORCHARD WAY ORONO MN 55391 WILLIAM R LANGTON MICHELLE K LANGTON 2870 LITTLE ORCHARD WAY WAYZATA MN 55391 38 09-117-23 21 0009 OCBR 1 LLC 2885 LITTLE ORCHARD WAY ORONO MN 55391 OCBR 1 LLC ATTN RITA SCHEPERS 4567 AMERICAN BLVD W BLOOMINGTON MN 55437 38 09-117-23 21 0010 MARY L HOLMES 2865 LITTLE ORCHARD WAY ORONO MN 55391 MARY L HOLMES 2865 LITTLE ORCHARD WAY WAYZATA MN 55391 38 09-117-23 21 0011 S S BERGERSON&A BERGERSON 2845 LITTLE ORCHARD WAY ORONO MN 55391 SHAWN S BERGERSON 2845 LITTLE ORCHARD WAY WAYZATA MN 55391 38 09-117-23 21 0012 TONKAHOME HOLDINGS LLC 2825 LITTLE ORCHARD WAY ORONO MN 55391 DAVID W SCHWARTZ 115 PASTURES LA NEW CANAAN CT 06840 38 09-117-23 21 0013 LITTLE ORCHARD HMNRS ASSN 38 ADDRESS UNASSIGNED ORONO MN 00000 DAVID W SCHWARTZ 115 PASTURES LANE NEW CANAAN CT 06840-4342 38 09-117-23 21 0015 OCBR 1 LLC 855 OLD CRYSTAL BAY RD S ORONO MN 55391 OCBR I LLC 4567 AMERICAN BLVD W BLOOMINGTON MN 55437 38 09-117-23 210016 OCBR 2 LLC 845 OLD CRYSTAL BAY RD S ORONO MN 55391 OCBR 2 LLC 4567 AMERICAN BLVD W BLOOMINGTON MN 55437 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 12/18/2019 151 2043 ili . 'V CC IC 825 a it3/ 4'. l':- 0 w 0 xa • Val-Mill t , � : 2885 oi 2870 m Sel 845 0 7 r:' A.1:0!:.,"00'".•*-.• et 1 m'z 2850 m it+R A ,y 31 4' :{ F, •' 1 t 2865 t1�a '4 x x -_,,,,,,-.. --,,,..,...,-r.,:: .- ,.,.:-..,.:„.:....-:,.!„ :...;.- .: :: .-..,,,...,,., r,.:,),,.,....„ k. er .� , ? • t• . swr,, L „ } t . r a .2845 Sttl , a: 7 t ` 5 ' ''- ''';',1'. ,' 2825 1121 1.-11ti''.gs4i):,i:,!,1-.'''.:-,i, ;,,.,.... :- ...-..:''.:'',..-:. ....., ' -...--''. . • . --.' . '..,.-Y-....•--.-.:1- -.:- .,.,..,'--,! -, ,, -,- ILI, II Buffer Size: 500 0 50 100 200 Feet Map Comments: I i i I I i i I I 855 Old Crystal Bay Rd South 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 riot be l i abl e for any damage,injury or loss resulting from this data. For more information,contact Hennepin CountyGl S Office 360 6th Street South,Minneapolis,M N 55487/gisinfo@hennepin.us Date Application Received: 12/18/2019 j �j Date Application Considered as Complete:1/3/2020 1'�` VO 60-Day Review Period Expires: 3/2/2020 To: Chair Ressler and Planning Commission Members ,` Dustin Rief, City Administrator G1 4kESHO From: Laura Oakden, Planner Date: January 21, 2020 Subject: LA19-000106,Tom Lemmerman, 1389 Orono Lane,Variance, Public Hearing Application Summary: The applicant is requesting an average lakeshore setback variance. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is proposing to rebuild and expand a covered porch on an existing house along the side and street side of the home. Majority of the proposed covered porch is within a conforming location,though a portion extends into the average lakeshore setback. The applicant is also proposing to renovate the master bedroom and change the roofline from a flat roof to a gable pitched roof to match the existing roof on the home. The peak of the proposed new roof will not be taller than the peak of the existing roof. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the current location of the existing home as practical difficulty supporting the requested variance to alter the roof line and add the porch. Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff finds there is practical difficulties inherent with the proposed property. The existing homes location limits the types of addition and renovations that can be done with the home. The proposed covered porch and new roofline do not create new setbacks or new encroachments in the lake view. The proposed additions are designed for limited new encroachments within the average lakeshore setback. LOT ANALYSIS WORKSHEET Section 78-305-Setbacks: DISTRICT Required Existing Proposed Street 50' 136' 136' No change Side 15' 53' 53' No change Side 15' 25.7' 25.7' No change Lakeshore 75' 75' 75' No change LA19-000106 January 21,2020 Page 2 of 4 Average Lakeshore Not Met Section 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 43,363 s.f. 10,840.75 s.f. 9,097.8 s.f. 8,964 s.f. (0.99 acre) (25%) (21%) (20.7%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The existing home is currently places forward of the ALS. The proposed covered porch wraps around the north and west side the property. Due to the location of the existing home, a portion of the proposed covered porch along the west side of the property,which services a side door, is forward of the ALS. The remodel of the home will change a part of the roof line as well over the master bedroom on the west side of the home. Currently there is a flat roof in this portion of the home and will be replaced with a pitched roof to match the existing roof line.The proposed new peak will be lower than the peak of the existing roof. 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 proposed location of the home additions do not block lake views of the adjacent property owners,and therefore is harmonious with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan.The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance requests are residential in nature and are reasonable considering the current location of the home. To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator ti G.s. From: Jeremy Barnhart,AICP 1kESNo0' Community Development Director Date: January 21, 2020 Subject: #LA19-000091,City of Orono Text Amendment Related to Grading and Land Alterations Public Hearing Application Summary: The Amendment revises and restates the triggers, process, and procedure for the review of grading and land alteration activities in the city. Staff Recommendation: Planning Department Staff recommends the Commission begin the review of the draft, and hold a worksession at 5:00 pm on Tuesday, February 18th for review, prior to formal recommendation later that evening. Background The City Council identified the need to review the Grading and Land Alterations (GLA) at their workshop on September 23, 2019. At that meeting, a constituent noted the time it took to get the appropriate permits for grading in the lake yard (slope stabilization). Virtually all slope stabilization activity in the lake yard requires an Interim Use Permit,which triggers a public hearing process, and typically takes 6-8 weeks, making preventative work virtually impossible. In reviewing this process,staff noted that the DNR(in managing public waters impacts) requires a local permit for the activity, and does not require a public hearing(IUP or CUP). Further, staff has long received complaints about the lack of clarity in our current ordinance, which activity requires a permit, and the time consuming process. Lastly, regulations for grading and land alteration activity can be found in several different sections of the code:Grading and Land Alterations,Shoreland Management, Interim Use Permits, and Construction Site Run-Off Control. With these issues identified,staff has developed an amendment that clarifies what actions require permits,who reviews which permits,what is required for certain applications, and organizes those regulations in a logical way. Analysis Perhaps the most prominent changes to the process and procedures are summarized below and charted on the attached Exhibit B. All changes are shown; text with strikt*hroff formatting is proposed to be deleted,and underlined text is proposed to be added. 1. Grading and Land Alteration (GLA) regulations currently found in the shoreland overlay FILE#LA19-000091 January 21,2020 Page 2 of 2 district are moved to the Grading and land alteration section; most GLA regulations can be found together. 2. Standards for grading and land alteration in the shore land are added for all GLA activities. 3. Interim Use Permits (IUP) are required for any export/ import over 500 cy. The draft requires an IUP if this activity is not part of a permitted project. The draft also establishes a review of public roads(the primary issue currently)and includes use of County and state roads as much as practical. 4. Slope failure language is added in the shoreline, in lieu of an IUP,these projects require a permit. If these validity of the slope repair is in question,the City Engineer can refer the question to the City Council. 5. Stockpiling is proposed to be regulated not by the volume, but by the duration, which is an attempt to address the bigger impact to that activity. 6. New definitions are introduces, more can be added as necessary. Public Comments To date, no public comments have been received. The DNR has reviewed an early draft. The DNR must review all changes that impact the Shoreland Overlay District. 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 the Commission open the public hearing, receive comment, table action, pending further review at a worksession in February. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Permitting requirement summary 1 Added Definitions 2 Sec. 78-1 3 Stockpiling: On-site storage of 10 cubic yards or more of soil and/or aggregate in a concentrated state Formatted:Not Highlight 4 where the material is intended to be distributed throughout the site or exported from the site.j 5 Formatted:Not Highlight 6 yard, lakeshore,-means a yard lying between the natural ordinary high water mark of a public water on Commented[JB1]:New definition 7 the-lakeshere-and a line parallel to it at the structure setbac .•• •:.' = -: _ •: • ° ' Formatted:\ Font(Default)Times New Roman,11 pt 8 c.n..,:a«ti,.v«we i,.« 9 Formatted:Font(Default)Times New Roman,11 pt 10 Commented[JB2]:Matching the definition to Shore 11 ARTICLE IX.-SHORELAND MANAGEMENT setback zone 12 Footnotes: 13 ---(21)--- 14 Cross reference—Waterways,ch.94. 15 State Law reference—Shoreland development,Minn.Stat. § 103F.201 et seq. 16 DIVISION 1.-GENERALLY 17 Sec.78-1211.-Definitions. 18 The following words,terms and phrases,when used in this aetieleChapter,shall have the meanings 19 ascribed to them in this section,except where the context clearly indicates a different meaning.Unless 20 specifically defined in this section,words or phrases used in this article shall be interpreted as defined 21 elsewhere in this chapter.All distances,unless otherwise specified,shall be measured horizontally. 22 Bluff means a topographic feature,such as a hill,cliff or embankment,having the following 23 characteristics(An area with an average slope of less than 18 percent over a distance of 50 feet or more 24 shall not be considered part of the bluff): 25 (1) Part or all of the feature is located in a shoreland area; 26 (2) The slope rises at least 25 feet above the ordinary high water level of the water body; 27 (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary 28 high water level averages 30 percent or greater;and 29 (4) The slope must drain toward the water body. 30 Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff. 31 Bluff,toe of the,means the lower point of the lowest 50-foot segment with an average slope 32 exceeding 18 percent.If the lowest such point is lakeward of the OHWL,the OHWL will be defined as 33 the toe. 34 Bluff,top of the,means that point on the cross section of a bluff below which the slope becomes 35 more than 18 percent and above which the average slope for a distance of 50 feet or more is 18 percent or 36 less. 37 Shore impact zone means land located between the ordinary high water level of a public water and a 38 line parallel to it at a setback of 50 percent of the structure setback. 39 Shore setback zone means land located between the ordinary high water level of a public water and a 40 line parallel to it at the structure setback. 41 Shoreland means land located within 1,000 feet from the ordinary high water level of a lake,pond or 42 flowage and 300 feet from a river or stream,or the landward extent of a floodplain designated by 43 ordinance on a river or stream,whichever is greater.Where topographic divides occur at lesser distances 44 from the involved water,the limits of shoreland have been modified per the official map entitled 45 "Shoreland Overlay District,"on file at the city offices. Page I1 46 Steep slope means lands having average slopes of 12 percent or greater as measured over horizontal 47 distances of 50 feet or more,that are not bluffs. 48 Surface water-oriented commercial use means the use of land for commercial purposes,where 49 access to and use of a surface water feature is an integral part of the normal conductance of business. 50 Water-oriented accessory structure or facility means a small,aboveground building or other 51 improvement,except stairways,fences,docks and retaining walls,which,because of the relationship of 52 its use to a surface water feature,reasonably needs to be located closer to public waters than the normal 53 structure setback.Examples of such structures and facilities include boathouses,gazebos,screen houses, 54 fish houses,pump houses,lock boxes,and detached decks. 55 Wetlands shall have the same meaning as the"protected wetlands"defined in section 78-1602. 56 (Ord.No. 101 2nd series,§ 1(10.56(3)),2-24-1992;Ord.No. 126 2nd series,§1,4-25-1994;Ord.No. 57 127 2nd series,§§2-4,7-11-1994;Ord.No.28 3rd series,§16,8-22-2005;Ord.No.59 3rd series,§ 1, 58 5-11-2009;Ord.No.94 3rd series,§5,9-24-2012;Ord.No. 130 3rd series,§1, 1-26-2015) 59 Cross reference—Definitions generally,§ 1-2. 60 Sec.78-1212.-Statement of purpose. 61 The purpose of this article is to promote the public health,safety and general welfare by providing 62 for the wise subdivision,use and development of shorelands abutting public waters that exist within the 63 city's corporate boundaries.The city recognizes that the uncontrolled use and development of shorelands 64 has a negative impact on not only the quality of surface waters,but on the economic,recreational and 65 natural environmental values of shorelands and the waters they surround.The specific intent of this article 66 is to: 67 (1) Protect the water quality of Lake Minnetonka and other lakes within the city by allowing 68 development of uses in the shoreland areas which are compatible with the city's comprehensive 69 land use management plan. 70 (2) Provide appropriate standards for development which will minimize the impact of shoreland 71 development on the water quality and the economic,aesthetic and natural environment values of 72 the city's lakes. 73 (Ord.No. 101 2nd series,§ 1(10.56(1)),2-24-1992) 74 Sec.78-1213.-Statutory authorization. 75 This article is adopted pursuant to the authorization and policies contained in Minn.Stat.ch. 103F, 76 Minnesota Regulations,parts 6120.2500-6120.3900,and the planning and zoning enabling legislation in 77 Minn.Stat.ch.462. 78 (Ord.No. 101 2nd series,§1(10.56(2)),2-24-1992;Ord.No. 127 2nd series,§1,7-11-1994) 79 Sec.78-1214.-Amendments. 80 All amendments to this article,including amendments to the official maps,must be submitted to the 81 commissioner of the department of natural resources prior to adoption.Further,amendments to 82 underlying zoning district standards which may be in conflict with this section must also be submitted to 83 the commissioner of the department of natural resources prior to adoption. 84 (Ord.No. 101 2nd series,§1(10.56(21)),2-24-1992) Page 12 85 Sec.78-1215.-Jurisdiction. 86 The provisions of this article shall apply to the shorelands of the public water bodies as classified in 87 section 78-1217. 88 (Ord.No. 101 2nd series,§1(10.56(4)),2-24-1992) 89 Sec.78-1216.-Compliance. 90 The use of any shoreland of public waters;the size and shape of lots;the use,size,type and location 91 of structures on lots;the installation and maintenance of water supply and waste treatment systems,the 92 grading and filling of any shoreland areas;the cutting of shoreland vegetation;and the subdivision of land 93 shall be in full compliance with the terms of this article and other applicable regulations. 94 (Ord.No. 101 2nd series,§1(10.56(5)),2-24-1992) 95 Sec.78-1217.-Classification of public waters. 96 The public waters of the city have been classified below consistent with the criteria found in 97 Minnesota Regulations,part 6120.3300,and the protected waters inventory map for the county: OHWL Protected (feet) Waters Inventory I.D.# (1) Natural Environment(NE)lakes Lake Classen 974.5 162-P Dickey Lake 985.5 161-W French Lake(South Basin only) 930.0 140-P Lydiard Lake 970.9 159-P Lake Katrina — I54-P Wolsfeld Lake(Medina) — 157-P (2) Recreational Development(RD)lakes Long Lake 944.3 160-P Mooney Lake 988.0 134-P Tanager Lake 929.4 141-P Hadley Lake(Plymouth) 961.4 ' 109-P (3) General Development(GD)lakes Forest Lake 929.4 139-P Lake Minnetonka ( 929.4 ' 133-P 98 99 (4) Tributary streams. From To Page 13 Tributary Name Sec. TWP R Sec. TWP R a. Long Lake Creek 3 1 OP)(Basin 118 23 10(Basin 117 23 b. "Wolsfeld"Creek 27(City 118 23 26(Basin 118 23 Limit) 160P) c Tributary to Wolsfeld Creek from Holy Name 26(City 118 23 27 118 23 Lake Limit) d. Dickeys Lake Creek 27(Basin 118 23 34(Basin 118 23 161P) 160P) e. Stubbs Bay Creek 32(Basin 118 23 13BP)�n 117 23 f. Painter's Creek 30(Basin 118 23 31(City 118 23 154P) Limit) 100 101 (Ord.No. 101 2nd series,§ 1(10.56(7)),2-24-1992;Ord.No. 127 2nd series,§5,7-11-1994) 102 103 Sec.78-1218.-Establishment of Shoreland Overlay District. 104 The Shoreland Overlay District is defined and established to include the following lands within the 105 city: 106 (1) All lands within 1,000 feet of the ordinary high water level of the lakes classified natural 107 environment, recreational development, and general development in section 78-1217. The 108 Shoreland Overlay District includes lands within the city that are located within 1,000 feet of 109 lakes located in adjacent cities,namely Hadley Lake in the City of Plymouth and Wolsfeld Lake 110 in the City of Medina. 111 (2) All lands within 300 feet of the ordinary high water level of the watercourses classified as 112 tributary streams in section 78-1217.Where the floodplain of the tributary streams as defined in 113 article VIII of this chapter or as defined elsewhere in this chapter extends further than 300 feet 114 from the ordinary high water level, the boundary of the Shoreland Overlay District shall be 115 extended to include those areas designated as floodplain. 116 (Ord.No. 101 2nd series,§ 1(10.56(8)),2-24-1992) 117 Sec.78-1219.-Adoption of official map and interpretation of district boundaries. 118 The official map of the Shoreland Overlay District is adopted.A copy of the map shall be kept on 119 file at all times with the city clerk.In their interpretation and application,the provisions of this article 120 shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall 121 not be deemed a limitation or repeal of any other powers granted by state statutes.The boundaries of the 122 Shoreland Overlay District shall be determined by scaling distances on the official map.Where 123 interpretation is needed as to the exact location of the boundaries of the district as shown on the official 124 map,the city engineer shall make necessary interpretation based on the ordinary high water level.The 125 person contesting the location of the district boundary shall be given a reasonable opportunity to present 126 his case to the city and to submit technical evidence if he so desires. Page I4 127 (Ord.No. 101 2nd series,§1(10.56(9)),2-24-1992;Ord.No.27 2nd series,§6,7-11-1994) 128 Sec.78-1220.-Zoning district compliance with minimum requirements. 129 (a) The zoning district standards of this chapter currently comply with the lot size,lot width,permitted 130 use and conditional use standards set forth by the department of natural resources shoreland 131 management regulations,MR 6120.2500-6120.3900. 132 (b) The following city zoning districts are partially or fully located within the Shoreland Overlay District: LR-1A RR-1A B-1 LR-1B RR-1B B-2 LR-1C RR 1B 1 RS B-3 LR-1C-1 RS B-5 B-4 B5 133 134 (c) The following zoning districts are also potentially available for use within the shoreland areas: B-6 R-1B PUD R-1 A RPUD 35 136 (d) Any future changes within the zoning districts listed above shall meet the department of natural 137 resources regulations effective July 3, 1989. 138 (Ord.No. 101 2nd series,§ 1(10.56(15)),2-24-1992;Ord.No.202 2nd series,§ 1,2-26-2001) 139 Sec.78-1221.-Subdivision/platting provisions. 140 (a) Land suitability. Each lot created through subdivision, including planned unit developments or 141 planned residential developments authorized elsewhere in the zoning and platting codes, must be 142 suitable in its natural state for the proposed use with minimal alteration.In analyzing the suitability of 143 land for a specific use,the city shall consider: 144 (1) Susceptibility to flooding; 145 (2) Existence of wetlands; 146 (3) Soil and rock formations with severe limitations for development; 147 (4) Severe erosion potential; 148 (5) Steep topography; 149 (6) Inadequate water supply or sewage treatment capabilities; 150 (7) Near-shore aquatic conditions unsuitable for water-based recreation; 151 (8) Important fish and wildlife habitat; 152 (9) Presence of significant historic sites;or Page IS 153 (10) Any other feature of the natural land likely to be harmful to the health,safety or welfare of 154 future residents of the proposed subdivision or of the community. 155 (b) Consistency with other controls. Subdivisions shall conform to all official controls of the city. 156 Subdivision will not be approved where a later variance from one or more standards in the official 157 controls would be needed to use the lots for their intended purpose.In areas not served by publicly 158 owned sewer and water systems,a subdivision will not be approved unless adequate and conforming 159 water supply and sewage treatment systems can be provided for each lot in conformance with chapter 160 58, article II. Each lot shall meet the minimum lot size and dimensional requirements set forth 161 elsewhere in this Code, including at least a minimum contiguous lawn area,that is free of limiting 162 factors sufficient for the construction of two standard soil treatment systems.Lots that would require 163 use of holding tanks must not be approved. 164 (c) Information requirements. Sufficient information must be submitted by the applicant for the city to 165 make a determination of land suitability.In addition to information required by other provisions in this 166 chapter and'chapter 82,the following information shall also be submitted: �---- Commented[JB3]:Chapter 82 subdivision regulations 167 (1) Topographic contours at two-foot intervals showing limiting site characteristics. 168 (2) The surface water features required in Minn. Stat. § 505.02, subd. 1, to be shown on plats, 169 obtained from United States Geological Survey quadrangle topographic maps or more accurate 170 sources. 171 (3) Adequate soils information to determine suitability for building and on-site sewage treatment 172 capabilities for every lot from the most current existing sources or from field investigations,such 173 as soil borings,percolation tests or other methods. 174 (4) Information regarding adequacy of domestic water supply;extent of anticipated vegetation and 175 topographic alterations; near-shore aquatic conditions, including depths, types of bottom 176 sediments,and aquatic vegetation;and proposed methods for controlling storm water runoff and 177 erosion,both during and after construction activities. 178 (5) Location of 100-year floodplain areas and floodway districts from existing adopted maps or data. 179 (6) A line or contour representing the ordinary high water level,the toe and the top of bluffs,and 180 the minimum building setback distances from the top of the bluff and the lake or stream. 181 (d) Dedications.When a land or easement dedication is a condition of subdivision approval,the approval 182 must provide easements over natural drainage or ponding areas for management of stormwater and 1183 significant wetlands,as regulated in jarticle VIII Id this chapter. Commented[JB4]:Article VIII is Floodplain Regulations. 184 (e) Lakeshore access lots.Lots intended as accesses to public waters or as recreational areas for use by Formatted:Not Highlight 5J 185 owners of nonriparian lots within a subdivision must meet or exceed the minimum standards set forth 186 in this section. 187 (Ord.No. 101 2nd series,§ 1(10.56(18)),2-24-1992) 188 Sec.78-1222.-Riparian access and rights. 189 For properties which as a result of the designation of the OHWL are found to abut the boundary of a 190 lake,stream or tributary,no section of this chapter shall be construed as obligating the city to approve 191 variances to provisions of this chapter prohibiting physical improvements,structures or land alteration 192 within protected wetlands,floodplain areas or shorelands.Nothing in this chapter shall be considered as 193 establishing or increasing riparian rights.This article is intended to regulate land use and establish 194 building and zoning restrictions only. 195 (Ord.No. 101 2nd series,§1(10.56(20)),2-24-1992) Page 16 196 Secs.78-1223-78-1245.-Reserved. 197 DIVISION 2.-ADMINISTRATION AND ENFORCEMENTr 198 199 Footnotes: 200 ---(22)--- 201 Cross reference—Administration,ch.2. 202 Sec.78-1246.-Enforcement. 203 The zoning administrator is responsible for the administration and enforcement of this article.Any 204 violation of the provisions of this article or failure to comply with any of its requirements(including 205 violations of conditions and safeguards established in connection with grants of variances or conditional 206 uses)shall constitute a misdemeanor and shall be punishable as defined by law.Violations of this article 207 can occur regardless of whether or not a permit is required for a regulated activity pursuant to section 78- 208 1247. 209 (Ord.No. 101 2nd series,§ 1(10.56(6)),2-24-1992) 210 Sec.78-1247.-Land alteration and building permits required. 211 A permit is required for the construction of buildings,building additions,related work such as 212 construction of decks and signs,installation or alteration of sewage treatment systems,grading and filling '213 activities,and other activities as regulated in article X,Division 7 Grading and Land Alterations 214 elsewhere in this Code. 215 (Ord.No. 101 2nd series,§ 1(10.56(10)),2-24-1992) 16 Sec.78-1248.-Certificate of zoning compliance. 17 The zoning administrator shall issue a certificate of zoning compliance for each activity requiring a 218 permit as specified in section 78-1247.This certificate will specify that the use of land conforms to the 219 requirements of this article.Any use,arrangement or construction at variance with that authorized by 220 permit shall be unlawful. 221 (Ord.No.101 2nd series,§ 1(10.56(11)),2-24-1992) 222 Sec.78-1249.-Variances. 223 Variances may only be granted in accordance with Minn.Stat.ch.462 and as otherwise regulated in 224 this chapter.When a variance is approved after the department of natural resources has formally 225 recommended denial in the hearing record,the notification of the approved variance required elsewhere in 226 this article shall also include the planning commission's and city council's summary of the public 227 record/testimony and the fmdings of facts and conclusions which supported the issuance of the variance. 228 (Ord.No. 101 2nd series,§ 1(10.56(12)),2-24-1992) 229 State Law reference—Variances,Minn.Stat.§462.357,subd.6(2). 230 Sec.78-1250.-Conditional uses. 231 Conditional uses allowable within shoreland areas shall be subject to the review and approval 232 procedures and criteria and conditions for review of conditional uses established in this chapter.The 233 following additional evaluation criteria and conditions apply within the Shoreland Overlay District: 234 (1) Evaluation criteria. A thorough evaluation of the water body and the topographic,vegetation 235 and soils conditions on the site must be made to ensure: Page 17 236 a. The prevention of soil erosion or the possible pollution of public waters,both during and 237 after construction; 238 b. The visibility of structures and other facilities as viewed from public waters is limited; 239 c. The site is adequate for water supply and on-site sewage treatment;and 240 d. The types,uses and numbers of watercraft that the project will generate are compatible in 241 relation to the suitability of public waters to safely accommodate these watercraft. 242 (2) Conditions attached to conditional use permits. The city council upon consideration of the 243 criteria listed in subsection(1)of this section and the purposes of this article, shall attach such 244 conditions to the issuance of the conditional use permits as it deems necessary to fulfill the 245 purposes of this article.Such conditions may include but are not limited to the following: 246 a. Increased setbacks from the ordinary high water level. 247 b. Limitations on the natural vegetation to be removed or the requirement that additional 248 vegetation be planted. 249 c. Special provisions for the locations,design and use of structures,sewage treatment systems, 250 watercraft launching and docking areas,and vehicle parking areas. 251 (Ord.No. 101 2nd series,§ 1(10.56(13)),2-24-1992) 252 Sec.78-1251.-Notifications to the department of natural resources. 253 Copies of all notices of any public hearings to consider variances,amendments or conditional uses 254 under this article must be sent to the commissioner of the department of natural resources and postmarked 255 at least ten days before the hearings.Notices of hearing to consider proposed subdivisions/plats must 256 include copies of the subdivision/plat.Upon final action by the city council,a copy of approved 257 amendments and subdivisions/plats,and final decisions granting variances or conditional uses under this 258 article must be sent to the commissioner of the department of natural resources and postmarked within ten 259 days of final action. 260 (Ord.No. 101 2nd series,§1(10.56(14)),2-24-1992) 261 Sec.78-1252.-Nonconformities. 262 All legally established nonconformities as of February 24, 1992,may continue subject to applicable 263 state statutes and as regulated elsewhere in this Code.In shoreland areas,the following standards shall 264 also apply: 265 (1) Construction on nonconforming lots of record. Development or use of existing lots of record 266 shall be regulated as set forth in section J78-72 Commented[JB5]:Lots of Record 267 (2) Additions/expansions to nonconforming structures. All additions or expansions to the outside 268 dimensions of an existing nonconforming structure must meet the setback, height, and other 269 requirements set forth in this chapter.Any deviation from these requirements must be authorized 270 by a variance pursuant to provisions of this chapter. 271 (3) Nonconforming sewage treatment systems. A nonconforminz sewage treatment system(also 272 defined as a noncompliant system)as defined in section 158-41 and located within the Shoreland Commented[JB6]:Chapter 58 is SSTS regulations 273 Overlay District must be upgraded and made conforming,at a minimum,at any time a permit or 274 variance of any type is required for any improvement on, or use of,the property, except that 275 systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand 276 between the distribution device and the limiting soil characteristics shall have seven years in 277 which to become compliant per the provisions of chapter 58,article II,of this Code.All other Page 18 278 noncompliant sewage treatment system provisions of chapter 58, article II, of this Code shall 279 apply to all shoreland areas. 280 (Ord.No. 101 2nd series,§ 1(10.16(17)),2-24-1992;Ord.No. 162 2nd series,§1,9-22-1997) 281 Secs.78-1253-78-1275.-Reserved. 282 DIVISION 3.-SHORELAND OVERLAY DISTRICT STANDARDS 283 Sec.78-1276.-Generally. 284 The Shoreland Overlay District standards are in addition to the requirements set forth in this chapter 285 for the various zoning districts.In case of conflict,the most restrictive provision applies. 286 (Ord.No. 101 2nd series,§1(10.56(16)),2-24-1992) 287 Sec.78-1277.-Minimum lot area/lot width standards. 288 Minimum lot area and lot width standards of the underlying zoning district shall apply,with the 289 following exceptions: 290 (1) No lot within 1,000 feet of a general development lake and approved for duplex use per sections 1291 178-228(4-0),78-253(4-0),78-303(2-1-0),78-328(9),78-348(10),or 78-367(10)shall be less than _---- Commented[JB7]:Zoning chapters,Duplexes are a 292 135 feet in width nor less than 26,000 square feet in area,if riparian,nor less than 17,500 square conditional use 293 feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width 294 requirements of the respective underlying zoning district. 295 (2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228`-1-0),78- 296 253(84-0),78-303(9410),78-328(9),78-348(10),or 78-367(10)shall be less than 150 feet in width 97 when no sewer is available,nor less than 115 feet in width when sewer is available,but such lot 98 shall also meet the minimum lot width requirements of the respective underlying zoning district. 299 (Ord.No. 101 2nd series,§1(10.56(16)(A)),2-24-1992;Ord.No.63 3rd series,§ 1,9-14-209) 300 Sec.78-1278.-Lakeshore access lots. 301 Lots intended as accesses to public waters or as recreation areas for use by owners of nonriparian lots 302 within subdivisions are permissible and must meet the following minimum standards: 303 (1) Any such lakeshore access lot shall be designated as an outlot and shall not be considered as a 304 buildable residential lot. 305 (2) Such an outlot shall not be subject to minimum lot area or width standards, except that the 306 number of inland nonriparian lots which may gain access via such outlot shall not exceed the 307 number obtained by dividing the outlot width measured at the shoreline by the required zoning 308 district lot width,rounded down to the nearest whole number. 309 (3) Such outlot shall be jointly owned by all owners of nonriparian lots in the subdivision who are 310 provided riparian access rights on the access outlot. 311 (4) No such access outlot shall be created as part of a subdivision plat except when the building lots 312 within the subdivision are separated by an existing public or private roadway from the lakeshore, 313 and the land on either side of the roadway was in common ownership as of the effective date of 314 Ordinance No. 101,adopted February 24, 1992. 315 (5) Covenants or other equally effective legal instruments must be developed that specify which lot 316 owners have authority to use the access lot and what activities are allowed. The activities may 317 include watercraft launching, loading, storage, beaching, mooring or docking. They can also 318 include other outdoor recreational activities that do not significantly conflict with general public Page 19 319 use of the public water or the enjoyment of normal property rights by adjacent property owners. 320 Examples of the nonsignificant conflict activities include swimming,sunbathing or picnicking. 321 The covenants must limit the total number of vehicles allowed to be parked and the total number 322 of watercraft allowed to be continuously moored,docked or stored over water,and must require 323 centralization of all common facilities and activities in the most suitable locations on the lot to 324 minimize topographic and vegetation alterations.They must also require all parking areas,storage 325 buildings and other facilities to be screened by vegetation or topography as much as practical 326 from view from the public water, assuming summer, leaf-on conditions. Such covenants are 327 subject to city approval. 328 (Ord.No. 101 2nd series,§1(10.56(16)(B)),2-24-1992) 329 Sec.78-1279.-Placement of buildings and structures on lots. 330 When more than one setback applies to a site,buildings,structures,and facilities must be located to 331 meet all setbacks.Buildings and structures shall be located as follows: 332 (1) Building, structure, and on-site sewerage system setbacks (in feet)from ordinary high water 333 level: Setbacks Public Water Classification Building/Structure Sewage Treatment System Unsewered Sewered NE 150 150 150 RD 100 75 75 GD 75 75 75 Tributary ( 100 I 75 I 75 334 335 (2) Additional building and structure setbacks.The following additional setbacks apply,regardless 336 of the classification of the water body: Setback from: Setback (in feet) Top of bluff 30 Unplatted cemetery 50 Right-of-way line of federal,state or county highway and local public and private roads 30* I 337 338 * Except for accessory buildings on Lakeshore lots as regulated in this chapter and except for buildings 339 and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various 340 zoning districts. 341 (3) Bluff impact zones.Buildings,structures and accessory facilities,except stairways,landings and 342 lock boxes,must not be placed within bluff impact zones. Page 110 343 (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots 344 or parcels without public waters frontage, or, if located on lots or parcels with public waters 345 frontage, must either be set back double the normal ordinary high water level setback or be 346 substantially screened from view from the water by vegetation or topography,assuming summer, 347 leaf-on conditions. 1348 (5) Fences,docks,retaining walls.No fence shall be placed within the share-setbackShore Setback 349 zone.Portions of dock located landward of the OHWL shall be considered as a landing,subject 350 to the regulations for landings per section 78-1282.Retaining walls shall not be placed within the 1351 share-setbackShore Setback zone. 352 (6) Average lakeshore setback. No principal or accessory building shall be located closer to the 353 Ordinary High Water Line (OHWL) than the average distance from the shoreline of existing 354 principal buildings on adjacent lots;This does not apply to patios and other accessory structures 355 less than 42 inches above existing grade,and/or stairways, lifts,landings,lockboxes,flagpoles 356 and pump houses.Further,the average lakeshore setback shall apply only to classified lakes and 357 shall not apply to tributaries.The average lakeshore setback line shall be a straight line connecting 358 the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore 359 lots. 360 a. In situations where improvement is proposed on a lot adjacent to a vacant lot or right-of- 361 way,the average lake shore setback shall be equivalent to the setback of the most lakeward 362 protrusion of the principal building on the immediately adjacent improved lakeshore lot. 363 b. In situations where the average lake shore setback line bisects the principal building located 364 on either adjacent lot,the next most adjacent lake side point of the bisected principal building 365 shall be used for determining the average lakeshore setback.If the line continues to bisect 66 the principal building,the next most lakeside point is to be used until the setback line does 67 not bisect the principal building on an adjacent lot. 368 (Ord.No. 101 2nd series,§ 1(10.56(16)(C)),2-24-1992;Ord.No. 11 3rd series,§ 1,5-24-2004;Ord.No. 369 106 3rd series,§28,6-10-2013;Ord.No. 157 3rd series,§1,8-10-2015;Ord.No.222 3rd series,§ 19, 370 12-10-2018;Ord.No.234 3rd series,§1,10-14-2019) 371 Sec.78-1280.-Minimum lowest floor elevations. 372 All structures located within the Shoreland Overlay District which are subject to the floodplain 373 regulations of article VIII of this chapter shall be placed at an elevation consistent with the requirements 374 of that article.The regulatory flood protection elevation shall be established as set forth in section 78- 375 1111.All structures constructed within the Shoreland Overlay District shall have their lowest floor, 376 including basement,placed at an elevation no lower than the regulatory flood protection elevation.Where 377 the regulatory floodplain elevation cannot reasonably be determined,the minimum elevation at which the 378 lowest floor,including basement,may be placed shall be determined as follows: 379 (1) For lakes,by placing the lowest floor at a level at least three feet above the highest known water 380 level,or three feet above the ordinary high water level,whichever is higher. 381 (2) For rivers and streams,by placing the lowest floor at least three feet above the flood of record. 382 (Ord.No. 101 2nd series,§ 1(10.56(16)(D)),2-24-1992) 383 Sec.78-1281.-Water-oriented accessory structures. 384 The only water-oriented accessory structures allowed to be located nearer the ordinary high water 385 level than the normal structure setback as specified in this article shall be: Page 111 386 (1) One lockbox no greater than 20 square feet in area and no higher than 48 inches in height; 387 (2) One flagpole setback from side lot lines a distance no less than the required principal structure 388 side yard setback for the zoning district;and 389 (3) One pumphouse no greater than 20 square feet in area and no higher than 48 inches in height. 390 (Ord.No. 101 2nd series,§ 1(10.56(16)(E)),2-24-1992;Ord.No. 106 3rd series,§27,6-10-2013) 391 Sec.78-1282.-Driveways,stairways,lifts and landings. 392 (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the 393 property has no other frontage on or access to a public or private road. 394 (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access 395 up and down bluffs and steep slopes to shore areas.Stairways,lifts and landings shall be allowed in 1396 the shere-setbaekShore Setback zone and must meet the following design requirements: 397 (1) Stairways and lifts must not exceed four feet in width. 398 (2) Landings for stairways and lifts shall not exceed 32 square feet in area. 399 (3) Canopies or roofs are not allowed on stairways,lifts,or landings. 400 (4) Stairways,lifts and landings may be either constructed above the ground on posts or pilings or 401 placed into the ground,provided they are designed and built in a manner that ensures control of 402 soil erosion. 403 (5) Stairways,lifts and landings must be located in the most visually inconspicuous portions of lots, 404 as viewed from the surface of the public water,assuming summer,leaf-on conditions,whenever 405 practical. 406 (6) Facilities necessary to provide shore area access to physically handicapped persons shall be 407 allowed,provided that the dimensional and performance standards of subsections(1)—(5)of this 408 section are completed in addition to the requirements of the Minnesota Regulations,chapter 1340. 409 (7) A building permit shall be obtained for construction of stairways,lifts and landings regardless 410 of whether such improvements are constructed above,at or below grade. 411 (Ord.No. 101 2nd series,§1(10.56(16)(F)),2-24-1992;Ord.No.59 3rd series,§2,5-11-2009) 412 Sec.78-1283.-Steep slopes. 413 Any applicant requesting a permit for construction of sewage treatment systems,roads,driveways, 414 structures or other improvements on steep slopes shall provide adequate information to allow the city to 415 evaluate possible soil erosion impacts and development of visibility from public waters before such 416 permit may be issued.Grading plans prepared for steep slopes shall be prepared by a Licenses 417 Professional Engineer. When determined necessary,conditions shall be attached to issued permits to 418 prevent erosion and preserve existing vegetation screening of structures,vehicles and other facilities as 419 viewed from the surface of public waters,assuming summer,leaf-on vegetation. 420 (Ord.No. 101 2nd series,§ 1(10.56(16)(G)),2-24-1992) 421 Sec.78-1284.-Height of structures. 422 No structure within the Shoreland Overlay District shall exceed the height limitations set forth in the 423 standards for the underlying zoning district. Page X12 424 (Ord.No. 101 2nd series,§ 1(10.56(16)(H)),2-24-1992) 425 Sec.78-1285.-Vegetation alterations. 426 (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six 427 inches or more(or 19 inches in circumference or greater)measured three feet above the ground may 428 be removed without first obtaining a permit from the city staff,provided that at least the equivalent 1429 number of replacement inches trees of a size and nature found acceptable to the staff are planted at the 430 same setback from the shoreline as those removed.Removal of trees that are dead shall not require a 431 permit,but such trees must be inspected by city staff prior to their removal. 432 (b) Intensive vegetation clearing within 75 feet of the shoreline,on steep slopes or within the bluff impact 433 zone within the Shoreland Overlay District is prohibited.Limited clearing of shrubs and trees less than 434 six inches in diameter and cutting,pruning and trimming of trees of any size is allowed to provide a 435 view to the water from the principal dwelling site and to accommodate the placement of permitted 436 stairways and landings,picnic areas,access paths,beach and watercraft access areas,and permitted 437 lockboxes,provided that the screening of structures,vehicles or other facilities as viewed from the 438 water,assuming summer,leaf-on conditions,is not substantially reduced. 439 (Ord.No. 101 2nd series,§1(10.56(16)(I)),2-24-1992;Ord.No. 127 2nd series,§7,7-11-1994;Ord.No. 440 178 3rd series,§ 14, 10-10-2016) 441 Sec 78-1286 New Public and Private roads Formatted:Not Highlight 442 _ ::: : : :: :::,:•:• :. : : : :': 443 444 45 46 448 •• 449 450 :• 451 452 - ..' . -: a - .., ; :•':' :: ' -a. :. . ... , 453 454 (c) New Public and private roads,driveways,parking areas,and public or private watercraft access ramps 455 shall not be constructed within the share--setbaslkShore Setback of the public waters enumerated in 456 section 78-1217.If no alternatives exist,such improvements shall be subject to the standard zoning 457 variance review procedure,and such review shall consider the following: 458 (1) Such improvements shall be designed to take advantage of natural vegetation and topography to 459 achieve maximum screening from view from public waters. 460 (2) All roads and parking areas shall be designed and constructed to minimize and control erosion 461 to public waters consistent with the requirements of all agencies with jurisdiction and in 462 accordance with City Code chapter 79. 463 a :: : .. . .•._ a:."._ ;:... _ .- .. , .- •• . 464 :. . ..' .... . 465 s• .o 466 467 Page 1 13 468 469 470 aim 471 ,...'_ _ .. .... . 472 _ • ••. 473 _ 474 475 - -• - 476 477 d. Recreational use; 478 479 a 480 _ _. . .. _ . . .. 481 482 . ... :. _.. _ - . .. . . .. _ 483 _ .., .... 484 . . : 5. • ..-• -- .•• • • -" . . _ 485 . . „ . . _ ..... : 486 - •- _ 487 488 . . ... . - . : • : •:; - • - 489 490 491 492 ! _. 493 _ 494 •• . .. . .. .. _... .._ 495 496 497 _ 498 499 _ . •:•. 500 a - .. . .. .. . - . . .. - .. • , •- .. ... 501 502 ! ... - • 503 504 (Ord.No.101 2nd series,§1(10.56(16)(J)),2 21 1992;Ord.No. 127 2nd series,§8,7 11 1991;Ord.No. 505 163 2nd series,§3,12 8 1997;Ord.No.171 2nd series,§2,1 1 1998;Ord.No.28 3rd series,§ 17,8 22 506 2005;Ord.No. 133 3rd series,§§2,3,1 26 2015;Ord.No.219 3rd series,§1,12 10 2018) / Commented[JB8]:Land Alteration section of the Shoreland regulations combined with Grading and Land 507 Sec.78-1287.-Stormwater management. Alterations regulations,Article X,Division 7.Struck through text moved to 78-1592 Page 114 508 The following general and specific standards shall apply in addition to those standards found in 1509 jaiticle VIII1of this chapter and section 182-222: Commented[JB91:Floodplain management 510 (1) When possible,existing natural drainageways,wetlands and vegetated soil surfaces must be used Commented[JBt01:Drainage and storm sewers,in the 511 to convey,store,filter and retain stormwater runoff before discharge to public waters. Subdivision regulations 512 (2) A development must be planned and conducted in a manner that will minimize the extent of Formatted:Not Highlight 513 disturbed areas, runoff velocities and erosion potential, and reduce and delay runoff volumes. 514 Disturbed areas must be stabilized and protected as soon as possible and facilities or methods 515 used to retain sediment on the site. 516 (3) When development density, topographic features, and soil and vegetation conditions are not 517 sufficient to adequately handle stormwater runoff using natural features and vegetation,various 518 types of constructed facilities, such as diversions, settling basins, skimming devices, dikes, 519 waterways and ponds may be used.Preference must be given to designs using surface drainage, 520 vegetation,and infiltration rather than buried pipes and manmade materials and facilities. 521 (4) When constructed facilities are used to perform water management, documentation must be 522 provided by a registered professional civil engineer that they are designed and installed consistent 523 with the field office technical guide of the local soil and water conservation district. 524 (5) New constructed stormwater outfalls to public waters must provide for filtering or settling of 525 suspended solids and skimming of surface debris before discharge. 526 (Ord.No. 101 2nd series,§ 1(10.56(16)(K)),2-24-1992) 527 Sec.78-1288.-Hardcover limitations. 28 Hardcover on all lots within the shoreland overlay district shall comply with the requirements of 29 Article XIII:Stormwater Quality Overlay District. 530 (Ord.No.94 3rd series,§6,9-24-2012) 531 Editor's note—Ord.No.94 3rd series,§6,adopted Sept.24,2012,repealed the former§78-1288,and 532 enacted a new§78-1288 as set out herein.The former section pertained to similar subject matter and 533 derived from Ord.No. 101 2nd series,§ 1(10.56(16)(L)),2-24-1992;Ord.No.59 3rd series,§3,5-11- 534 2009. 535 Sec.78-1289.-Standards for commercial,public and semipublic uses. 536 (a) Surface-water-oriented commercial uses and public or semipublic uses with similar needs to have 537 access to and use of public waters may be located on parcels or lots with frontage on public waters,if 538 permitted by the underlying zoning district standards.Those uses with water-oriented needs must meet 539 the following standards: 540 (1) In addition to meeting impervious coverage (hard cover) limits, setbacks, and other zoning 541 standards in this article, the uses must be designed to incorporate topographic and vegetative 542 screening of parking areas and structures. 543 (2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and 544 design them to avoid obstructions of navigation and to be the minimum size necessary to meet 545 the need. 546 (3) Uses that depend on patrons arriving by watercraft may use the minimum amount of signage and 547 lighting necessary to convey needed information to the public,subject to the following general 548 standards: Page X15 549 a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. 550 Signs conveying information or safety messages may be placed in or on public waters by a 551 public authority or under a permit issued by the county sheriff. 1552 b. Signs may be placed,when necessary,within the share-setbackShore Setback zone if they 553 are designed in size to be the minimum necessary to convey needed information.They must 554 only convey the location and name of the establishment and the general types of goods or 555 services available. The signs must not contain other detailed information such as product 556 brands and prices,must not be located higher than ten feet above the ground,and must not 557 exceed 32 square feet in size.If illuminated by artificial lights,the lights must be shielded 558 or directed to prevent illumination out across public waters. 559 c. The aggregate square footage of sign space per property shall not exceed the limitations on 560 sign square footage as regulated in article X,division 41,of this chapter. Commented IJB11]:Orono Sign Code 1561 d. Non sign-related outside lighting may be located within the lakeshore setback zone or over 562 public waters only if it is used primarily to illuminate potential safety hazards and is shielded 563 or otherwise directed to prevent direct illumination out across public waters.This does not 564 preclude use of navigational lights. 565 (b) Uses without water-oriented needs must be located on lots or parcels without public waters frontage, 566 or,if located on lots or parcels with public waters frontage,must either be set back double the normal 567 ordinary high water level setback or be substantially screened from view from the water by vegetation 568 or topography,assuming summer,leaf-on conditions. 569 (Ord.No. 101 2nd series,§1(10.56(16)(M)),2-24-1992) 570 Sec.78-1290.-Agricultural use standards. 571 (a) When permitted in the underlying zoning district, general cultivation farming, grazing, nurseries, 572 horticulture,truck farming and wild crop harvesting shall be allowed in the Shoreland Overlay District; 573 except that no such activity shall occur within the share-setbackShore Setback zone nor on steep slopes 574 or bluff impact zones.Steep slopes,shore setbaskShore Setback zone and bluff impact zones shall be 575 maintained in permanent vegetation. 576 (b) Animal feedlots must meet the following standards: 577 (1) New feedlots, if permitted, must not be located in the shoreland of watercourses or in bluff 578 impact zones and must meet a minimum setback of 300 feet from the ordinary high water level 579 of all public waters basins;and 580 (2) Modifications or expansions to existing feedlots that are located within 300 feet of the ordinary 581 high water level or within a bluff impact zone are allowed if they do not further encroach into the 582 existing ordinary high water level setback or encroach on bluff impact zones. 583 (Ord.No. 101 2nd series,§ 1(10.56(16)(N)),2-24-1992) 584 Sec.78-1292.-Extractive use standards. 585 In addition to Interim Use Permit requirements included within Article XIV of this Chapter,the 586 following standards apply: 587 588 (a) Site development and restoration plan.An extractive use site development and restoration plan must 589 be developed,approved and followed over the course of operation of the site.The plan must address 590 dust,noise,possible pollutant discharges,hours and duration of operation,and anticipated vegetation 591 and topographic alterations. It must also identify actions to be taken during operation to mitigate Page 116 592 adverse environmental impacts, particularly erosion, and must clearly explain how the site will be 593 rehabilitated after extractive activities end. 594 (b) Setbacks for processing machinery. Processing machinery must be located consistent with setback 1595 standards for structures buildings from ordinary high water levels of public waters and from bluffs. 596 Secs.78-1296---78-1320.-Reserved. 597 598 Sec.78-1331.-Conversion. 599 Existing resorts or other land uses may be converted to planned residential developments if all of the 600 following standards are met: 601 (1) Proposed conversions must be initially evaluated using the same procedures for PRDs involving 602 all new construction. Inconsistencies between existing features of the development and these 603 standards must be identified. 604 (2) Deficiencies involving water supply and sewage treatment, impervious coverage,open space, 605 and shore recreation facilities must be corrected as part of the conversion or as specified in the 606 conditional use permit. 1607 (3) Shore-setbackShore Setback zone and bluff impact zone deficiencies must be evaluated, and 608 reasonable improvements be made as part of the conversion.These improvements must include, 609 where applicable,the following: 610 a. Removal of extraneous buildings,docks or other facilities that no longer need to be located 1611 in shame setbaskShore Setback zone or bluff impact zone. 612 b. Remedial measures to correct erosion sites and improve vegetative cover and screening of 13 buildings and other facilities as viewed from the water. 14 c. If existing dwelling units are located in the shore-setteek-Shore Setback zone or bluff impact 615 zone, conditions shall be attached to approvals of conversions that preclude exterior 616 expansions in any dimension or substantial alterations.The conditions must also provide for 617 future relocation of dwelling units,where feasible,to other locations,meeting all setback 618 and alteration requirements when they are rebuilt or replaced. 619 (4) Existing dwelling unit or dwelling site densities that exceed the standards in section 178-1326____---i Commented[JB121:PRD density 620 may be allowed to continue but must not be allowed to be increased, either at the time of 621 conversion or in the future.Efforts must be made during the conversion to limit impacts of high 622 densities by requiring seasonal use,improving vegetative screening,centralizing shore recreation 623 facilities,installing new sewage treatment systems,or other means. 624 (Ord.No. 101 2nd series,§ 1(10.56(19)(K)),2-24-1992) 625 Secs.78-1332-78-1365.-Reserved. 626 627 Page 117 1628 629 DIVISION 7.-GRADING AND LAND ALTERATIONS 630 631 632 Sec.78-1590.-Purpose. 633 The purpose of this section is to promote the health,safety,and welfare of the community and to 634 establish reasonable uniform limitations,standards,and controls for land alterations,excavating,filling 635 and grading within the city.The regulations will allow the city to better manage stormwater discharge, 636 ensuring drainage does not negatively impact neighboring properties,manage hauling traffic and noise, 637 and prevent erosion issues onto adjacent properties,wetlands,lakes,and roads.It is the intent that 638 development conform to the character of the land wherever practical,and the reconfiguration of the land 639 necessary to support development be kept to the minimum amount necessary. 640 (Ord.No.219 3rd series,§5, 12-10-2018) 641 Sec.78-1591.—Information Required. All information required by the city shall be submitted for 642 review. Required information may include,but is not limited to Grading plans,cut/fill calculations,haul 643 route proposals,erosion control plan,and Watershed district comments. Grading plans involving Steep 644 Slopes,Bluffs,or prepared for slope failure mitigation shall be prepared by a professional engineer 645 licensed in the State of Minnesota. Grading plans shall showing proper drainage and protection of 646 adjoining properties sh^" . 647 Th- it -nlic h. I h,v- - . t.rit •r-f-r, r-I. . forl,ns .1 -r. i.n .-rmi- • i / Formatted:Highlight 648 council for review and approval in instances where the land alteration appears to create abnormal 1e•ative 649 impacts to the infrastructure network,length of time of the project, I- • 11 • -i .• 11- •i. ..14 650 policies of the community management plan. 651 652 Sec.78-1592 Permit Required 653 654 1. Administrative-Ppermit required- 655 657 • • • _: : • 658 :._-: _. --°._-'::- -:-°- -- • --°-,.-_,:,-°:.,.°- -__: _-__--° _== 659 (a) (a) Onless approved as part of a project in which a permit has been issued,a separate land Formatted:Numbered+Level:1 +Numbering Style: 660 alteration permit shall be required for the following. a,b,c,...+Start at 1 +Alignment:Left+Aligned at \ 0.3"+Indent at 0.55' ACTIVITY LOCATION Commented[JB13]:The following activities do not require a separate permit IF part of a permitted project. Lake Yard or Shore Activity in the All other areas Formatted Table Setback Zone Shoreland Overlay District,but outside the Lake Yard Up to 10 Cubic Yards or 1000 sq ft or Grading in any More than 50 CY or More than 50 CY or amount intended disturbing more disturbing more Grading to address an than 5,000 sq ft than 5,000 sq ft Page 118 existing or potential slope failure Between 10 CY and Between 50 and Between 50 and Import/Export up to 500 CY 500 CY 1000 CY Stockpiling Up to 90 days Up to 180 days Up to 180 days 661 ._ ' . .. . _ .. . _ . . . - . ::-••• . .. _ _ (Formatted:Indent Left: 0.3",First line: 0" 662 663 664 _ 665 . - • .' . ... - • 666 667 ••.. ._ .. !! _.• _• .. . .. • _ • 668 669 _ 670 t ... . ... .. - • - 671 •- . . - .._ . _ 672 73 74 stibmittedi 675 .. • . . . •_ -- .. . :: - . 676 b_propose,:haul . 677 678 1. 679 - .. . . _ _. _ •.• . _... . ! : : . t!! .... 680 feet. 681 (Ord.No.219 3rd series,§5, 12-10-2018) 682 (b) See.75-1592. Within Shoreland Overlay District•• -:=• • ..-: °:::: .• ..".•.•• _ Commented[J614]:The highlighted section is largely 683 copied from the Shoreland regulation section. 684 ,,�_ :„•:-:.;:,.:.. :_ ” ' -' -" _ ::• :•-:,:,:__•:•,-:•:•.:..:-:..••.. -- •••-•••--.. Formatted:Numbered+Level:1 +Numbering Style: 685 : : :-':• : : :: •'_ :: .. .. _.: Left+Aligned at 686 ,: _ ,.... _ a, +In ent at 55 =- -' '-- - '- b,c . +Start at 1 +Alignment: Ali ne 687 688 _ ::• ..' _ _ _ att of Highlight " --' ." . . - ._. . . . Formatted:N 689 reffttiFifirterfitufBili 690 as--,...::.:.;..:.:,...:.:.�..:a. ... .:,_.:.-,-.:.: ..:.•.....�.._.....-....T .,. Formatted:Not Highlight 691 692 :: •: -:.• - • • ...•-_. . - .:•-_.•: ••_ :--•••. -: - : , ll grading and filling 693 activity as a part of approved permits for construction of structures,sewage treatment systems,and Page 119 694 driveways shall adhere to the Standards for Issuance : _• ..•: '•• ..•:-.: •f this article. Formatted:Not Highlight 695 Formatted:Not Highlight 697 Commented[JB15]:Point of amendment,reduce the red 698 (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and tape and time involved in slope failures. 699 700 Formatted:Normal,Indent Left 0.3",Hanging: 0.3" 701 :: :: •• :.:' : ! _ Formatted: (Default)Calibri _ Font(D ut 702 except for within the Shore Setback. 703 !! _.. _ • _ • 704 .;; . . . -. .__ _ .. . • _ _ - . 705 Sec 78-1593 Standards for Issuance 706 (e) 707 (A)In addition to the rules,process,and procedures outlined with Chapter 79,Construction Site Runoff 708 Control of this Code,Permits are issued based on the applicant's ability to meet and adhere to the 709 following standards: 710 (1) Grading or filling in any type 1,2,3,4,5,6,7 or 8 wetland must be evaluated to determine how 711 extensively the proposed activity would affect the following functional qualities of the wetland: 712 a. Sediment and pollutant trapping and retention; 713 b. Storage of surface runoff to prevent or reduce flood damage; 714 c. Fish and wildlife habitat; 715 d. Recreational use; 716 e. Shoreline or bank stabilization;and 717 f. Noteworthiness,including special qualities,such as historic significance,critical habitat for 718 endangered plants and animals,or others. 719 This evaluation must also include a determination of whether the wetland alteration being 720 proposed requires permits,reviews or approvals by other sections of city ordinances or by other 721 local,state or federal agencies including but not limited to watershed districts,state Department 722 of Natural Resources,or the United States Army Corps of Engineers. 723 (2) Alteration activities shall be in accordance with City Code section 79-9 Minimum SWPPP Best 724 Management Practices(BPMs),including,but not limited to: 725 Ia.Alterations must be designed and conducted in a manner that ensures only the smallest 726 amount of bare ground is exposed for the shortest time possible. 727 b.Mulches or similar materials most be used,where necessary,for temporary bare soil 728 coverage,and a permanent vegetation cover must be established as soon as possible. 729 c.Methods to minimize soil erosion and to trap sediments before they reach any surface 730 water feature must be used. 731 d.Altered areas must be stabilized to acceptable erosion control standards consistent 732 with the field office technical guides of the local soil and water conservation districts and 733 the United States Natural Resources Conservation Service.[ _ Commented[1616]:From state rules relative to grading. , 734 Page X20 735 (3) Fill or excavated material must not be placed in a manner that creates an unstable slope. 736 (4) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer 737 for continued slope stability and must shall not create finished slopes of 30 percent or greater. 738 (5) Fill or excavated material Kist-shall not be placed in bluff impact zones. 739 (6) Any alterations below the ordinary high water level of public waters must first be authorized by 740 the commissioner of the department of natural resources under Minn.Stat.§103G.245. 741 (7) Alterations of topography must only be allowed if they are accessory to permitted,conditional 742 use or interim use and do not adversely affect adjacent or nearby property. 743 1(8) Any permit involving the import or export of material,the proposed haul route shall use city and 744 private streets the minimal amount necessary. In addition to the standards listed previously,the 745 City Engineer shall review the proposed haul route and document the condition of the city streets 746 prior to hauling activity. The city may require an escrow deposit to guarantee repair of city streets 747 dam:red b the haulin l activi !:...,... .._.._.,.,... _ Commented(JB17I:Haul route standards introduced 748 749 750 751 -• • • - - ••• • 752 (13#) Excavations where the intended purpose is connection to a public water,such as boat slips,canals, 753 lagoons and harbors,are prohibited above the ordinary high water level.Such excavations below the 754 elevation or the ordinary high water level are subject to approval of the Department of Natural 755 Resources and other agencies with concurrent jurisdiction. 56 (Ord.No.101 2nd series,§ 1(10.56(16)(J)),2 21 1992;Ord.No. 127 2nd series,§8,7 11 1994;Ord.No, 57 •. _ . •• ;e • • •- , " ": e , 758 8 22 2005;Ord.No. 133 3rd series,§§2,3, 1 26 2015;Ord., No.219 3rd series,§4,12 10 2018) 759 760 (C)Additional requirements for grading and land alterations may apply to projects within 761 e . 9' - .. .-:floodplain management areas under City Code 762 article VIII. 763 764 (Ord.No.219 3rd series,§5, 12-10-2018) 765 Sec.78-15943.-Interim use permit requirements. 766 Interim use permits may be required for largefcertain grading and land alterations projects outlined 767 in City Code section 78 1726Article XIV,Division 1. 768 (Ord.No.219 3rd series,§5,12-10-2018) 1769 Secs.78-15954-78-1600.-Reserved. 770 Page 121 771 ARTICLE XIV.-INTERIM USES 1772 773 DIVISION 1.-GENERALLY 1774 775 Subdivision I.-Land Alterations 776 777 Footnotes: 778 ---(28)--- 779 Cross reference—Grading and land alterations,§78-1590 et seq. 780 Sec.78-1725.-Purpose and intent. 781 The purpose of this section is to promote the health,safety,and welfare of the community and to 782 establish reasonable uniform limitations,standards,and controls for land alterations,excavating,filling 783 and grading within the city.The regulations will allow the city to better manage stormwater discharge, 784 ensuring drainage does not negatively impact neighboring properties,manage hauling traffic and noise, 785 and prevent erosion issues onto adjacent properties,wetlands,lakes,and roads. 786 (Ord.No.219 3rd series,§6, 12-10-2018) 787 Sec.78-1726.-Interim use permit required. 788 An application for an interim use permit shall be accompanied by a certified site plan showing the 789 location of the proposed excavation or storage and shall state the amount of material which is to be 790 removed,excavated or stored,placed,or graded,and such other information as the council may require. 791 Applications shall be filed with the city administrator and shall be accompanied by a deposit to be 792 determined by the city,which will be used to offset the cost of processing the application.Any unused 793 portion will be refunded to the applicant. 794 (a) Except where otherwise provided in the article,it is unlawful for any person to perform or have 795 performed the following land alteration activities without an interim use permit issued by the 796 council: 797 (1) Mining.The commercial extraction of sand,gravel or other material from the land and their 798 removal from the site without processing shall be mining. In all districts,the conduct of 799 mining shall be permitted only upon issuance of a interim use permit. Such permit shall 800 include, as a condition, a plan for a finished grade which will not adversely affect the 801 surrounding land or development of the site on which the mining is being conducted,and the 802 route of trucks moving to and from the sites.A bond will be required for restoration 803 (2) Soil processing.The operation of processing of sand,gravel or other material mined from 804 the land shall be permitted only by interim use permit.Such permit shall include a site plan 805 where the processing is to be done,showing the location of the plant,disposal of water,route 806 of trucks moving to and from the site in removing processed material from the site, the 807 condition in which the site is intended to be left upon completion,hour of operation;and 808 such permit shall not be granted for a period of longer than 12 months 809 (3) Creation of an engineered grade for the basis of building height determination outside of a 810 subdivision. 811 (4)An Interim Use Permit is required if the following grading and land alteration activities are 812 not included in a permitted project. Activity Location (Formatted Table Page 122 10 or More Cubic Yards or 1000 or more sq ft,unless More than 50 More than 50 part of a plan to Cubic Yards or Cubic Yards or address slope disturbing more disturbing more Grading failure. than 5000 so ft than 5000 sq ft Import/Export More than 500 CY More than 500 CY More than 1000 CY Stockpiling more Stockpiling more Stockpiling more Stockpiling than 90 days than 180 days than 180 days 813 814 815 816 cubic yards. 817 (5) Stockpiling on site in excess of 500 cubic yards or longer than 180 days without an 818 819 820 21 ( ) Conducting grading or land alterations which result in changes in elevations within five 822 feet of adjacent properties,unless part of a building project. 823 _ 824 (Ord.No.219 3rd series,§6, 12-10-2018) 825 Secs.78-1727-78-1744.-Reserved. 1826 827 DIVISION 2.-PERMIT 828 Sec.78-1745.-Definition,purpose and intent. 829 (a) Definition.An interim use is a temporary use of property until a particular date,until the occurrence 830 of a particular event,or until zoning regulations no longer permit it. 831 (b) Purpose and intent. Because of their unusual characteristics,interim uses require consideration so 832 that they may be located and regulated properly with respect to the objectives of this chapter and the 833 comprehensive plan,and with respect to their impacts on surrounding properties.In order to achieve 834 these purposes,the city council is empowered to grant and to deny applications for interim use permits 835 and to impose reasonable conditions upon the granting of these permits.Additionally,the intent of 836 allowing interim uses is: 837 1. To allow a use for a brief period of time until a permanent location is obtained or while the 838 permanent location is under construction. 839 2. To allow a use that is presently judged acceptable by the city council,but that with anticipated 840 development or redevelopment,will not be acceptable in the future or will be replaced in the 841 future by a permitted or conditional use allowed within the respective zoning district. Page 123 842 3. To allow a use which is reflective of anticipated long range change to an area and which is in 843 compliance with the comprehensive plan provided that said use maintains harmony and 844 compatibility with surrounding uses and is in keeping with the architectural character and design 845 standards of existing uses and development. 846 (Ord.No. 194 3rd series,§1,5-8-2017) 847 Sec.78-1746.-Application procedure. 848 The information required and the procedures to be followed for all interim use permit applications 849 shall be the same as that required for a conditional use permit as provided for in this chapter in sections 850 178-912 through 78-9171.In addition,the following information shall be provided: i Commented 1JBI8]:Process to review CUP's. 851 (a) Written documentation that includes a complete description of the use, schedule for 852 commencement and termination of the use, hours and dates of operation and anticipated 853 employment. 854 (b) Any special studies requested by the city when there is evidence that the proposed use may 855 negatively impact public infrastructure,the environment or adjacent land uses.These studies may 856 examine the impacts on such things as traffic,environment,wetlands and utilities. 857 (c) Evidence of approval or preliminary approval from all other agencies with jurisdiction over 858 elements of the use. 859 (Ord.No. 194 3rd series,§ 1,5-8-2017) 860 Sec.78-1747.-Standards and conditions. 861 No interim use permit may be granted unless the city council determines that the use will comply 862 with the following: 863 (a) The use will meet the general performance standards in section 78-916 of this chapter; 864 (b) The use is allowed as an interim use in the applicable zoning district; 865 (c) The use will not delay anticipated development or redevelopment of the site; 866 (d) The use will not be in conflict with any provisions of the city code on an ongoing basis; 867 (e) The use will not adversely affect the adjacent property,the surrounding neighborhood,or other 868 uses on the property where the use will be located; 869 (f) The use will not impose additional unreasonable costs on the public; 870 (g) The date or event that will terminate the use can be identified with certainty;and 871 (h) The applicant agrees in writing to any conditions that the city council deems appropriate for the 872 use,including a requirement for a financial security to ensure removal of all evidence of the use 873 upon termination,and restoration of the site to prior or better conditions.The conditions shall be 874 set forth in a development agreement between the property owner and the city,which agreement 875 shall be recorded with the Hennepin County Recorder or Registrar of Deeds. 876 (Ord.No. 194 3rd series,§ 1,5-8-2017) 877 Sec.78-1748.-Effect of permit. 878 (a) An interim use permit is effective only for the location specified in the approval documentation. 879 (b) The issuance of an interim use permit does not confer on the property any vested rights. Page 24 880 (c) Interim use permits shall be reviewed as a minimum at least annually by the city council. 881 (d) An interim use permit expires one year after approval if the proposed use has not been commenced 882 or a building permit for a structure to support the interim use has not been issued. 883 (e) An interim use permit expires if the interim use ceases operation for a continuous period of at least 884 one year. 885 (Ord.No. 194 3rd series,§1,5-8-2017) 886 Sec.78-1749.-Termination. 887 An interim use permit expires and the interim use shall terminate upon the occurrence of any of the 888 following events: 889 (a) The termination date specified in the interim use permit. 890 (b) Upon violation of conditions under which the permit was issued. 891 (c) Upon change in the city's zoning regulations which renders the use nonconforming. 892 (d) The redevelopment of the use and property upon which it is located to a permitted or conditional 893 use as allowed within the respective zoning district. 894 (Ord.No. 194 3rd series,§ 1,5-8-2017) Page 125 Existing Unless included as part of a permtted project, a separate Land Alteration permit is required for the following activities: Location Activity Activity in the Lake Activity in the All other areas Yard Shoreland Overlay District, but outside the Lake Yard Up to 50 CY(Secs. 78- Grading than or equal "Normal and 1591 a.3) and 1286 to 50 CY or 5,000 sq ft Customary" (1591- Grading (d)(1) (79-6 a.3) (a)(1) 51-500 CY(1591 a.2) Less than 500; 51-500 Import/Export and (1286 (d)(2)) CY(1591 a.1,a.2) Less than 500 CY Less than 500 CY Less than 500 CY Stockpiling (1591 a.5) (1591 a.5) (1591 a.5) An Interium Use Permit is required for the following activities Activity Location Activity in the Lake Activity in the All other areas Grading More than 50 CY (1286(b)) Import/Export More than 500 CY More than 500 CY More than 500 CY *Does not (1726 (a)(6)) (1286 (d)(3)) and (1286 (d)(3)) and differentiate (1726 (a)(6)) (1726 (a)(6)) between areas Stockpiling Stockpiling more than Stockpiling more than Stockpiling more than 500 CY(1726 (a)(5)) 500 CY(1726 (a)(5)) 500 CY(1726(a)(5)) No permit is required for the following activities Less than 50 CY or Less than 50 CY or disturbing less than disturbing less than Grading Less than 10 CY 5,000 sf 5,000 sf Import/Export Up to 50 CY Stockpiling Proposed Unless included as part of a permtted project, a separate Land Alteration permit is required for the following activities: Location ACTIVITY Lake Yard or Shore Activity in the All other areas Setback Zone Shoreland Overlay District, but outside the Lake Yard Grading Up to 10 Cubic Yards More than 50 CY or More than 50 CY or or 1000 sq ft or disturbing more than disturbing more than Grading of any 5,000 sq ft 5,000 sq ft amount intended to address a slope failure Import/Export Between 10 CY and up Between 50 and 500 Between 50 and 1000 to 500 CY CY CY Stockpiling Up to 90 days Up to 180 days Up to 180 days Interium Use Permit is required if the following activitys are NOT included in a permitted project Activity Location Grading 10 or More Cubic More than 50 Cubic More than 50 Cubic Import/Export More than 500 CY More than 500 CY More than 1000 CY Stockpiling Stockpiling more than Stockpiling more than Stockpiling more than 90 days 180 days 180 days No permit is required for the following activities Grading Less than 10 CY or Less than 50 CY or Less than 50 CY or disturbing less than disturbing less than disturbing less than 1000 sq ft 5,000 sf 5,000 sf Import/Export Less than 10 CY Less than 50 CY Less than 50 CY Stockpiling Less than 14 days Less than 14 days Less than 14 days SHINGLE-5 15*ASPHALT FELT I/2"OSB SHEATHING 9S DRAM ROOF VENTS AS REQ'D Trt) CCC5 O 24"0/0 4 HOME Dom EXTERIOR AIR FILM R=.61 12 BLOM INSULATION R=49 POLY VAPOR BARRIER MO Poch Mine Ave.e 65 5/8"GYP.BOARD R=56 s TEL(OM M"e7.2e INTERIOR AIR FILM R=.61 FA/com a.�rmirn TOTAL R 50,78 - —INSULATION BAFFLES;MIN.I"AIRSPACE 1 7— / ,At. Ors �, a 12 ��Aph� \ lil 8Mn >b =IN, SOFFIT AND FASCIA TO MATCH EXISTING 1 t , 21-Id*0a51,4 P MASTER BEDROOM11 11 i 1 od ItoT 1iiiiih EXISTING FLOOR JOISTS I ; 1111 illiln1.5,1.1 111 111Ilii cormamt o01111.110� CROSS SECTION C0 R SCALE 3/8'=1' f ...T 3-101°*A151•k ) ,4 6- * / 1* / - STEVE'S DROTING TO RJD6E OF EXISTINS ROOF 4 HOME DESIGN � cpprD BERM OM k04.1.)msTit4 t \ 1 / X .1V5L 3100 Ph.MMrM AN.S. St IAUM Pak P.S.MM 55I21 TEL(9111 2218772 FAX(962)8363731 oral:Mv°°4Pk1p■pnulmm. 41 j 4 ■ MEGTOS T N\`. \ ; I II„ oR LVI BM ToI1i a Ash 1120PPED BERM , T Aaslhki JOISTS TOBEPWO'/D I I i W I) 1 ! NEW VAULTED CEILING 1 1 1 MASTER BEDROOM I _ ! gl EXISTING : lit,f1 e o NOTE. ry I �gs� EXISTING WINDOWS o .�,E7A5Th15CEI.IJ515 EJ45TM6CEIL STS. TO 9E REMOVED. ; TO BEREMOVED 1 TO REMAIN 1) I REPLACEMENT 4g�g � +� WTO BE FRAAMED AT -I-10 I/2° II MAST R B^TH = 6 g o \ (EXISTING LEADERS II EXISTING 1 I 52 TO BE MOVED UP OR ` `� REPLACED) II ( Iin �gilliti FF iffifiliff i 1 I ,4_3?*...., 4 .-**.5. 1 c2d-7*EXIST14 `3-I *AasSECOND FLOOR PIAN 15 Mtn 011ieltl SCALE, I/4"=II - xweer rNM asw 0201962 ii3 a• EXISTING STEM MOM BASEMENT i NOME DESIGN 3 ICO*eta lama A..A. St W.het MN SUM TEL(612)2214772 FAX t *V2V4722 wV.hv.Wningawn,c.r 5f M 1: 11 4x4 q siE0. t‘41:36:11 24 X24'XB'GCW.FTc ,In FPQI►ROVE +_J / ����—J DSO IES a E I E�tISTING BOOKCASE 1a a .////:///' / 6 0:14, � ) / 6-N /, — VERIFY LOCATION ON SITE / § igil ygothir hillilli PCST1 G Gq. 1E F ICN w41S ��gg� s EXISTING SEM I �� �� � CRAUJL SPACE EXISTING BASEMENT P liJiliffi R-IEGHANIGAL ROOM) bg - RI \ \ I Lee _ rxuIn MOVE 2 ,._: LBEJ 2-2X12 HEADER MITH DBL. J Wein TRIMMERS REQUIRED d ( CTmI 2 l BASEMENT PLAN VERIFY EXISTING FRAMING, (� SCALE: 1/4"=I' FIRST FLOOR PLAN REPLACE IF NEEDED OQ "3 SCALE: I/4'=I' a 4. \ I' l' //'!. ' Iii 1 , '1 11 � 5-10Z* I I 1 �i IIllf II) ,' II'll 1 0 Z'0 (1 1 II ) lI -im 11 ') rn�tp 1 III l '1 111 1 j11 iI -- — 1111 1 ,, I1I+li 111, 1 . I iI; IIIAl,II I • o11I 11#4 jilI 1 1!;1 11 3 Et__IIII Ill r Z \ / 1 'I L F016 ,,,r- tm� atasraeaclerTla+ SEWS MAIM1NafC M/16l/ FEiwWR766111'C I e$ = l EXTERIORELEVATICN6 MRRRCARKCRpI*0111 MCRdtlNO64E .moi ' - 4 Itl1!l,IW� ' COURApORADANo110M1AAMY NJOEM AU. Lar Ileum IcowTr, mvaraEPH ( ®I wn.l ,asi iii p�p W�PY111 )tlEIETAE46LYA1DIMEC�6ale WMIV*/ID OEvaxi EN# nR 70 cn1 ilei 101FT SIM PiRT16 CP ANT 13408 CRQ1011 0 R 1lvTpe) ii POW/LE COMM fl<XRiOMKCFLLQipGl1(1LM7 6Tf�iT ALDFES9 2/6l19 y qJ ti MN a y{i — 'j � g i Ilnr3)129-731#0 MLBF7C'lFf6CR IMP 1G1016 W11.162 CF I,"ORONO LANE TO fUltMI/MIME 6RL16=OE 1aIIlH61@NE cl-i.,NA, aro NQ Vail DClENN11G/eID 9TAE MM73t WA7ZATA,f'NI -I Is \ lD `` IT 173 l y 6 3E. / i n Ell IM m A ,ISI'. /.. u — I / Z I �� i SHEET DE PT)Q F �-:i ..� musauDnaMEoaB1M0201R EAPOIN IT .... ll$ _ EXTERIOR ISZvATIQIBI��M RRaRCCRol AaeOW&I lE�eacaeenene Ii1ii�1110251r1III1 oannraaeAolartweira MULL Lot 1111.004eco an.raoc (comm. "variant.' MNOfED �H E 914 &+� Ib4floEfiRABA�aaKRGila6 ADROM IIAl AO DE4£l.oPe79Cf g 05 IOW 615£1110Flea Alrelae OR aMOOKR 8 � I'll MOLE at1�ICRRlORTOSUN ammRcttxwo 6,s TapDREee "ir"' Lgzi Q— aI i Clill> - SWIM WREN CR HIED MIMSCa lACECF ,a , ...777N �' 82? mR/f4{LdE Blow CUE R'OEBea Me ah',eT TE tiltE.SCSI VON NRIM"OIB®6l HEWER WAYZATA,MN i g4 % 1113/19,10:48 PM 389 Orono Ln,Wayzata,MN 55391-realtor.com® Gallery Map StreetView - - t jvct ., . $ .. r i j • 4 i � n 4*-7-•,,,.t 4 r izilti' } r tp ip, 4. . p = / ,�Ems' •, a. jelit, s e 11.- ^ ' 1., qp sem. :.. 5,r Page 1 of E https://www•realtor.com/realestateandhomes-detail/1389-Orono-1 n_Wayzata_MN_55391 M78496-97306#photo0 r—I III r --- ---:,..• �J J . X N -I it r O O A . 3 • N In • . Ill rn T m- N CI 2Al a A I 3 . O r 0) gi wX m o X' �_ '4 Cli a .-' z -71 1 11 k N GI z t A T3 rn .44).' ' 1 X Ni 1 I I • I> lr- A—f =ter rn 1111 Wit M. CP Z Verm I IT -4iroG iI II *EET oEe no.I PIM PRIM*WE 148+01Pft ram aCP BECG�DW,QORPLAN axwee° aornE 7 5's z l wQ�t4I 4RCMe.lOBodtRNSAO csm Iaaac ,ca.R, , f.uu f.nrr.� � d MM Plait7PROM CP/PO WP O=MinePM °bH"�e 3ie'I 'Ali yaa_ ¢¢ Q meetsccwaCIRI PM TO PART FCCHNIICCI2010 m act*• x 10,1 B1 1 K C,.3)fl 436e WONT§OFFESS RIRFD ItlUDIfiEMU/MCP e„E`"AC."Eeeno Q/b/19 3� s� VE 777 3r Nwic wnea°epois a®or nf6'�r®c�6 a_rr.&T Lam : s ii WAYZATA,I-14m 690 1389 Orono Lane EXISTING HARDCOVER DRIVEWAY 3873 EXHIBIT 1410 (2) 4.)* ge° q)V 310/2=155 M (f) S TN 65 Y 57 •-lh, 1323 I 42 Z -.,64 8 CONC., BRICK GRAVEL x ( 295 WALKWAYS ' 48 K ... 158 p, -", GARAGE LANDSCAPE/RETAINING WALLS 808 ' 30 d L u -1 8 A HOUSE 60 ' 919 •-•.,--._ 919 2 608 1) I 51 64C STAIRS Sc LANDINGS ' • 165.-j k 1 2 1 443 F ,L. 850E 53.0 g .41.....i. 35.Q:"41:221* G16 •-, h 4, i 49.0 184 1111111111M ULCK 865 160q ) ..4,. _85 DEMARS—GABRIEL ,-;D"-.29 LAND SURVEYORS, INC. 99; 2317 -,_ 2317 W.93rd St. - n 4501 o Bloomington. MN 554,31 763-559-0908)':-e 612-751-6785 ce 71" ----:-., - .: decOqwestoffice.net 111470456 PAGE 1 OF 2 PAGES City of Orono --4:7-74,9.. Hardcover Calculation Worksheet ,,m, k.. [) Property Address: 1389 Orono Lane >' Prepared by: Demers Gabriel Land Surveyors,Inc Date: 12/05/19 Stomawater Quality Overlay District Tier:(Circle one) CD 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 Hardcover Item(Describe) Total Survey Length x Width (square Feet) (Example) (Garage) (24'x 30') y, A HOUSE (720 S.F.)' 6.1 X 14.5 88 S.F. B HOUSE 24.5X37.5 919 S.F. C HOUSE 5.3X 12 64 S.F. D HOUSE 7.0X23.6 165 S.F. E HOUSE 26.4X322 850 S.F. F HOUSE 20.7X21.4 443 S.F. G HOUSE 3.8X43 16 S.F. H HOUSE 5.5X2.1 12 S.F. I HOUSE 13.3X3.8 51 S.F. J GARAGE 20.1 X402 808 S.F. K DRIVEWAY L DRIVEWAY 27.1 X102 277 S.F. 31 X 40.1 1244 S.F. M DRIVEWAY 25 X 12.412 146 S.F. N DRIVEWAY 13.8X95.8 1326 S.F. 0 DRIVEWAY 46.0 X 14.1 649 S.F. P CONC.,BRICK GRAVEL WALKS 2.4X66 158 S.F. Q 6.2X6.9 43 S.F. R 29 X 43 125 S.F. S . • 3.0 X 25/2 3.8 S.F. T 3.0X6.0/2 8 S.F. U 11 X23.3 256 S.F. V 2.9 X 6.5/2 8 S.F. W 17X2.5 42 S.F. X 16 X3.8 48 S.F. Y 2.6X22 57 S.F. Z CONC.,BRICK GRAVEL WALKS 8.9 X 7.0 7 S.F. (1) Total Existing Hardcover 7,813.8 S.F. Excludable Hardcover(See City Code Sec 78-1684);; S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] S.F. S.F. (4) Total Lot Area S.F. Proposed Hardcover Percentage i(3)+(4)] % PAGE 2 OF 2 PAGES City of Orono i*aonr ., Hardcover Calculation Worksheet I Property Address: 1389 Orono Lane _�'clet ov`.. Prepared by: Date: Demers Gabriel Land Surveyors,Inc 12/05/19 Stormwater Quality Overlay District Tier:(Circle one) OM 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 tal Hardcover Item(Describe) Length x Width (Square Feet) Survey (Example) (Garage) (24'x 30') (720 S.F.), a CONC.,BRICK GRAVEL WALKS 2.4 X 27.1 65 S.F. b CONC.,BRICK GRAVEL WALKS 19 X 5.6,2 28 S.F. C CONC.,BRICK GRAVEL WALKS 1.4 X 5.7 8 S.F. d LANDSCAPE/RETAINING WALLS 21.4 X 1.4 30 S.F. e LANDSCAPE/RETAINING WALLS 4.0X2.0 8 S.F. 1 LANDSCAPE/RETAINING WALLS 3.0 X 24 60 S.F. 9 STAIRS&LANDINGS (ALL WITHIN 75'SETBACK) 5.0 X 10.6 53 S.F. h STAIRS&LANDINGS (Al!WITHIN 75'SETBACK) 3.8 X 92 35 S.F. I STAIRS&LANDINGS 4.0 X 12.3 49 S.F. l STAIRS&LANDINGS 6.0 X 142 85 S.F. k STAIRS&LANDINGS 7.0 X 26.3 184 S.F. I DECK 33.1 X 13.6 450 S.F. m DECK 4.4 X 12.8 56 S.F. n DECK 6.6X10.8 71 S.F. a DECK 14.0 X 13.712 99 S.F. P DECK 7.8 X 3.7 29 S.F. 9 DECK 19.3X8.3 160 S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. TOTAL 1,470.0 S.F. TOTAL PAGE ONE 7,813.8 S.F. (1) Total Existing Hardcover 9,283.8 S.F. Excludable Hardcover(See City Code Sec 78-1664): g,h STAIRS&LANDINGS (ALL WITHIN 75'SETBACK) 88 S.F. d,e,t LANDSCAPE/RETAINING WALLS 98 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 186 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)1 9,097.8 S.F. (4) Total Lot Area 43,363.0 S.F. Proposed Hardcover Percentage [(3)+(4)] Existing 21.0 % (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. 690 r. DRIVEWAY 1410 3873 1"=20. 310/2=155 V. 1389 Orono Lane PROPOSED HARDCOVER 1323 L EMIT 295 CONC., BRICK GRAVEL I y PI K WALKWAYS -PROPOSED 96 LANDSCAPE/RETAKING WALLS GARAGE 30 808 e 8 60 PROPOSED COVED PORCH t 553 894 260.9 88 A STAIRS & V\NDINGS .;r7.2 lousE 919 2608 53.0 k a ane this 51 I 165 D 64C 35.0 ... H12 1 443E 850E G 16 7r_'POSED W X DEMARS—GABRIEL IIIIIIIIII LAND SURVEYORS, INC. DECK 43 2317 W. 93rd St. 96.0 Bloomington, MN 55431 865 763-559-0908 c i fice 160 q 612-751-6785,f. dec®gwestoffice.net 99 0'?s # n 450; 14704 71 m = 56 PAGE 2 OF 2 PAGES City of Orono CHardcover Calculation Worksheet I Property Address 1389 Ortlno Lane Prepared by: Demars Gabriel Land Surveyors,Inc Date: 12/05/19 Stormwater Quality Overlay District Ties(Circle one) CIP Tier 2 Tler 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 Hardcover Item(Describe) Length x Width Toil Survey (Square Feet) (Example) .(Garage) (24'x 301 (720 SF.) a S.F. b S.F. c S.F. d LANDSCAPEJRETANINGWALLS 21.4X1.4 30 S.F. e LANDSCAPEIRETANNG WALLS 40 X 2.0 8 S.F. f LANDSCAPE/RETAINING WALLS 3.0 X 24 60 S.F. 9 STAIRS 8LANDINGS (ALL WITHN 75 SETBACK) 5.0X10.6 53 S.F. b STAIRS&LANDINGS (AU.WITHIN 75 SETBACK) 3.8 X 92 35 S.F. I S.F. i S.F. k S.F. I DECK 33.1 X 13.6 450 S.F. m DECK 4.4X12.8 56 S.F. n DECK 6.6X10.8 71 S.F. o DECK 14.0 X13.712 99 S.F. P DECK 7.8X3.7 29 S.F. 9 DECK 19.3X8.3 150 S.F. r HOUSE 3.8X3.8/2 72 S.F. s HOUSE 24.5 X 10.8 260.8 S.F. t HOUSE 55.3X10 553 S.F. u HOUSE 7.3 X 10 73 S.F. v CONC.WALK 8 X 12 96 S.F. w STAIRS BLANDINGS 92X4.7 43 S.F. x STAIRS&LANDNGS 8X12 96 S.F. TOTAL 2,180.0 S.F. TOTAL PAGE ONE 6,970.0 S.F. (1) Total Proposed Hardcover 9,150.0 S.F. Excludable Hardcover(See CO Code Sec 78-1684): 9,h STAIRS 8 LAN)INGS (ALL WITHIN 75'SETBACK) 88 S.F. d,e,I LANDSCAPE/RETAINING WALLS 98 S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 186 S.F. (3) Net Proposed Hardcover [Subtract One(2)from line(1)1 8,964.0 S.F. (4) Total Lot Area 43,363.0 S.F. Proposed Hardcover Percentage [(3)8.(4)] 20.7 °!o (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.d any information is not consistent with provisions of the City Code,the Code provisions will prevail. PAGE 2 OF 2 PAGES City of Orono UMO, Hardcover Calculation Worksheet ,, ) Property Address: 1389 Orono Lane `'aef+; �.`` Prepared by: Demers Gabriel Land Surveyors,Inc Date: 12/05/19 Stormwater Quality Overlay District Tier:(Circle one) 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 tSurveo Hardcover Item(Describe) Length x Width Total y (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) a b S.F. S.F. o S.F. d LANDSCAPE/RETAINNGWALLS 21.4X1.4 30 S.F. e LANDSCAPE/RETAINING WALLS 4.0 X 2.0 8 S.F. f LANDSCAPE/RETAINNG WALLS 3.0 X 24 60 S.F. 9 STAIRS&LANDINGS (ALL WITHIN 75'SETBACK) 5.0 X 10.6 53 S.F. h STAIRS&LANDINGS (ALL WITHIN 75'SETBACK) 3.8 X 92 35 S.F. S.F. I S.F. k S.F. I DECK 33.1 X 13.6 450 S.F. m DECK 4.4 X 12.8 56 S.F. n DECK 6.6 X 10.8 71 S.F. o DECK 14.0 X 13.7/2 99 S.F. P DECK 7.8X3.7 29 S.F. 9 DECK 19.3X83 160 S.F. r HOUSE 3.8 X 3.8/2 72 S.F. s HOUSE 24.5 X 10.6 260.8 S.F. t HOUSE 55.3 X 10 553 S.F. u HOUSE 7.3X10 73 S.F. v CONC.WALK 8 X 12 96 S.F. w STAIRS&LANDINGS 92X 4.7 43 S.F. x STAIRS&LANDINGS 8 X 12 96 S.F. TOTAL 2,180.0 S.F. TOTAL PAGE ONE 6,970.0 S.F. (1) Total Proposed Hardcover 9,150.0 S.F. Excludable Hardcover(See City Code Sec 78-1684);` g,h STAIRS&LANDINGS (ALL WITHIN 75'SETBACK) S.F. d,e,f LANDSCAPE/RETAINING WALLS 98 S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. 186 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)1 8,964.0 (4) Total Lot Area S.F. 43,363.0 S.F. Proposed Hardcover Percentage [(3)+(4)] 20.7 % (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. Hennepin Hennepin County Locate & Notify Map Date: 12/18/2019 -... 44"'"/ o 13 05 Otti1 13 25 1111 0111111110/11111111.fr. 4114 .441 1465, . nn 031 4 011011.11.Pfr 13801 O(rgtynOire , : ::..4..., :,..,...u 3 1410 al 1401 (Iii 1°4'11' 1385 , � . Z f b. k;t .. cam' 4$0,5).,,,i;aF - tr --k x. - ✓ r at B 1. za'C t . rrtN"` V"7 .).: ,..-1 4 ' 5",4+4 : : 1420 ,4', x �, "—'� ° se s � f: = ,-;'-i �, «t:* _�'.�r£'�'`�f^x- ` _ � . �� .��:�r�.a�� 3 ... Buffer Size: 500 0 50 100 200 Feet Map Comments: I i i i I i 1 i l 1389 Orono Lane This data (i) s furnshed 'AS IS' with no repesentationasto completeness or accuracy; (i)isfumishedwithnowarranty of any knd, and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin Countyshat not beliableforanydanage,injury or loss resultini from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,M nneapol s,MN 55487/gin.info@hennepinus RUN DATE:12/18/2019 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 02-117-23 32 0001 38 02-117-23 34 0008 EDWARD H HAMM TRUSTEE K R KOKESH&B J CAVALANCIA 485 ORONO ORCHARD RD S 1399 ORONO LA ORONO MN 55391 ORONO MN 55391 EDWARD H HAMM KEVIN R KOKESH 408 ST PETER ST SUITE 434 BARRY J CAVALANCIA ST PAUL MN 55102 1399 ORONO LA WAYZATA MN 55391 38 02-117-23 33 0002 38 02-117-23 34 0011 S J FIELDS&S H COTTON B M MILLER&C R MILLER TRST 1465 FOX ST 1325 SHORELINE DR ORONO MN 55391 ORONO MN 55391 STEPHEN J FIELDS CRAIG AND BEVERLEY MILLER SARA H COTTON 26381 MAHOGANY POINTE CT 1465 FOX ST BONITA SPRINGS FL 34134-0761 WAYZATA MN 55391 38 02-117-23 33 0010 38 02-117-23 34 0012 A HARRISON&I L HARRISON TR LUKE BELTNICK REV TRUST 1410 SHORELINE DR 1380 ORONO LA ORONO MN 55391 ORONO MN 55391 ALFRED&INGRID L HARRISON LUKE BELTNICK 1410 SHORELINE DR 1380 ORONO LA WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 33 0012 38 02-117-23 34 0013 CITY OF ORONO W J POPP&T E POPP 38 ADDRESS UNASSIGNED 1305 SHORELINE DR ORONO MN 00000 ORONO MN 55391 CITY OF ORONO WILLIAM J&TERI E POPP P O BOX 66 1305 SHORELINE DRIVE CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 02-117-23 33 0015 38 02-117-23 34 0016 EDWARD H HAMM TRUSTEE JAMIE A SHAVER 1401 ORONO LA 1385 FOX ST ORONO MN 55391 ORONO MN 55391 EDWARD H HAMM JAMIE A SHAVER 408 ST PETER ST 1385 FOX ST ST PAUL MN 55102 WAYZATA MN 55391 38 02-117-23 34 0003 38 02-117-23 34 0020 NICOLE MARIE R THOMAS EDWARD H HAMM TRUSTEE 1385 ORONO LA 1391 FOX ST ORONO MN 55391 ORONO MN 55391 PETER M&NICOLE M THOMAS EDWARD H HAMM 1385 ORONO LA 408 ST PETER ST WAYZATA MN 55391 ST PAUL MN 55102 38 02-117-23 34 0004 38 02-117-23 42 0013 DOUGLAS C MOEN TRUST HENNEPIN CO REGIONAL RR AUTH 1387 ORONO LA 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 DOUGLAS&JUDITH MOEN HENNEPIN COUNTY 1387 ORONO LA REGIONAL RAILROAD AUTHORITY WAYZATA MN 55391 701 4TH AVE S SUITE 400 MINNEAPOLIS MN 55415 38 02-117-23 34 0005 CM3 LIVING TRUST 1389 ORONO LA ORONO MN 55391 CM3 LIVING TRUST 15407 MCGINTY RD W#28 WAYZATA MN 55391 38 02-117-23 34 0006 NORWEST BK MPLS-NTL ASC TRST 1395 ORONO LA ORONO MN 55391 THOMAS/RE0030297 PDS/TAX SERVICES 1301 BOWEN RDS#335 ARLINGTON TX 76013 38 02-117-23 34 0007 A F GREENER A GREENE/D FOX 1397 ORONO LA ORONO MN 55391 ALLISON GREENE ROGER GREENE&DAVID FOX 1397 ORONO LA 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. To: Chair Ressler and Planning Commission Members ADustin Rief, City Administrator From: Jeremy Barnhart,AICP F f Esxos` Community Development Director k Date: January 21, 2020 Subject: #LA19-99, City of Orono, Comprehensive Plan Amendment RE Trail priorities Public Hearing Application Summary: The City of Orono Parks Commission is proposing an amendment to the Park Trail priorities identified in the 2040 Comprehensive Plan. Staff Recommendation: Planning Department Staff recommends approval as drafted. Background Via Resolution 6991,the Comprehensive Plan was adopted by the City Council on June 10, 2019 after approval by the Met Council on May 23, 2019. Parks, Open Space, and Trails are a chapter of the Comprehensive Plan. In evaluating Park and Trail projects for the coming years,the Park Commission proposed an amendment to the priorities. The existing Trail priorities: io Priority Project Description 1 County Road The city does not support an on-street trail on County Road 15 due to 15 West of its close proximity to Dakota trail. Navarre 2 Navarre The city will actively partner with Hennepin county and Three Rivers Dakota Trail Park District to complete a trail connection along County Road 19 Connection connecting Navarre tote Dakota Trail 3 Old Crystal The city will support an off-street trail that provides access from the Bay Road Luce Line Trail at Old Crystal Bay Road to the Dakota Trail at North Shore Drive. 4 Wayzata Blvd The City is partnering with the city of Long Lake and Hennepin County Trail to provide a multi modal trail along the north side of Wayzata Blvd from the Luce Line trial to the western Boundary of the Orono School Property. The trail is being included as part of the CSAH 112 Turn back Projects. 5 Lakeview The city will plana trail that connects Lakeview Legacy Park to the Legacy Park County Road 1l9 trail as well as trails to the south that connect with the Dakota trail. FILE#LA19-99 January 21,2020 Page 2 of 3 6 Hunter The city will partner with the Hennepin County to connect the trails in Drive/Fernda northeast Orono to the Luce Line and Dakota Trails via Hunter Drive le and Ferndale Road. 7 Lowry Woods The city will plan trail access to the Lowry Woods Park. 8 Old Long The city does not support the addition of an off-street trail along Old Lake Road Long Lake Road due to the nearby access to the Luce Line Trail in several locations. The proposed Trail Priorities,as determined by the Parks Commission. Table 4E-8:Trail Implementatio": _ , ' Priority Project Description 1 East Long Lake Trail The city will implement the master plan developed for the trail along the east end of Long Lake. 2 Navarre Dakota Trail The city will actively partner with Hennepin county and Three Rivers Connection Park District to complete a trail connection along County Road 19 connecting Navarre to the Dakota Trail 3 Lakeview Legacy Park The city will plan and construct a walking trail that connects Lakeview Legacy Park to West Branch Road/County Road 151 along the old Shakopee/Greenfield native American trail. This project should be timed with the 2020 road construction project. 4 Wayzata Blvd Trail The City is partnering with the city of Long Lake and Hennepin County to provide a multi modal trail along the north side of Wayzata Blvd from the Luce Line trial to the western Boundary of the Orono School Property. The trail is being included as part of the CSAH 112 Turn back Projects. 5 Luce Line Dakota The city will support an off-street trail that provides access from the Trail connector Luce Line Trail to the Dakota Trail. 6 Hunter The city will partner with the Hennepin County to connect the trails in Drive/Ferndale northeast Orono to the Luce Line and Dakota Trails via Hunter Drive and Ferndale Road. 7 Lowry Woods The city will plan trail access to the Lowry Woods Park. 8 County Road 19 The city will work with other communities along county road 19 to support a trail connecting the Dakota Trail to Navarre south to the Lake Minnetonka LRT Regional Trail Analysis: The priorities are included in the Comprehensive Plan to efficiently direct limited resources toward those areas deemed most important. The Park Commission, in allocating limited park funds, has identified projects that better fulfill their mission. It is not uncommon for priorities to shift from year to year. These are the Park Commissions recommended priorities. If the Planning Commission proposes changes,these will be forwarded to the City Council for consideration. Public Comments To date, no public comments have been received. The draft priorities were distributed to the cities of Mound, Long Lake, Medina, Wayzata, and Minnetonka Beach. Mound, Medina, and FILE#LA19-99 January 21,2020 Page 3 of 3 Wayzata responded, but did not have any comments. Issues for Consideration 1. Does the Planning Commission have any comments with regard to the amended priorities? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the revised priorities. List of Exhibits ExA Chapter 4E Parks and Open Space CMP Part 4E. Parks,Trails, and Open Spaces TABLE OF CONTENTS CMP PART 4E PARKS,OPEN SPACE AND TRAIL PLAN Introduction 4E-2 Existing Park,Open Space and Trail System Inventory 4E-2 Park Classification and Definitions 4E-2 Table 4E-1 Parks Facilities 4E-2 Table 4E-2 State or Regional Facilities 4E-4 Table 4E-3 School Facilities 4E-4 Table 4E-4 Lakes 4E-5 Park System Needs Identification 4E-5 Table 4E-5 Parks,Open Space and Trail Acreage by Classification 4E-6 Park, Open Space and Trail Goals and Policies 4E-6 Park, Open Space and Trail Action Plan 4E-9 Table 4E-6 Big Island Implementation 4E-9 Table 4E-7 Golf Course Implementation 4E-10 Table 4E-8 Trail Implementation 4E-11 Resourcing 4E-11 Appendices 4E-A. Park Details 4E-B Park Classification and Definition 4E-C Lake Access types Map 4E-1 Parks and Trails Map Map 4E-2 Lake Access map City of Orono Community Management Plan 2020-2040 Part 4E, Page 1 CMP Part 4E. Parks, Trails, and Open Spaces INTRODUCTION The provision of parks, open space areas and trails is an essential quality of life element for the residents of the City. It is important for Orono to develop and implement a thoughtful strategy for meeting these needs in an efficient, economical manner. This Park, Open Space and Trail Plan is a refinement and restatement of the ongoing planning practice of the City of Orono. It respects and maintains the historic development patterns of the City. It continues many of the basic open space concepts established by the first organized comprehensive planning attempts in the mid 1960's, the 1974 Orono Village Comprehensive Guide Plan, and the 1980 Community Management Plan, the 2000-2020 CMP, and the 2010-2030 CMP. This Plan is prepared and presented for the following purposes: 1. To identify the recreation and open space needs of the City and its citizens. 2. To be a management tool for City officials, appointed commissions, City staff, and other parties involved in developing,maintaining,and managing recreational programs and city owned facilities in Orono. 3. Serve as the recreation open space element of our community management plan, designed to address and conform to all the applicable provisions of the Metropolitan Council's 2040 Regional Parks Policy Plan EXISTING PARK, OPEN SPACE AND TRAIL SYSTEM INVENTORY City of Orono Facilities The City of Orono maintains over 260 acres of parks, trails and open space. The table below summarizes the types of parks and facilities available throughout the city system. Map 4E-1 illustrates the City parks, trails and recreation system. Appendix 4E-A has detailed descriptions of each park. Table 4E-1 below summarizes major features of the Park system. Appendix 4E-B includes a description of each park classification. :TO `77-717177-7s77. Bm � ds, 1flNI Park Acres - .. 1111111 Notes Mini Livingston Tower Park 0.2 Nei.hborhood hborhood Roberta Lee Antoine Park 1.3 ©-_--_■-_----- C stal Ba Park 2.3 ©©_--_NI©_©--©© Navarre Playground 1.1 ©.----■--©.-©© Community playfields Bederwood Park 9.05 ©©©_-_M©_©--©© Hackbe 3.58 ©©©--_MI__©-_©© City of Orono Community Management Plan 2020-2040 Part 4E, Page 2 CMP Part 4E. Parks, Trails, and Open Spaces Casco Point Ice Rink 3.1 X X Community Parks Casco Point Park 8.5 X X French Creek Preserve 33.9 X X X X Saga Hill Preserve 28.9 X X X Big Island Nature Park 56.5 XX X X X Lowry Woods 14.1 X X Highwood Park 13.6 X X X Seven Nations Park 3.0 X X Pleasant View Park 1.2 X Lake Accesses There are 50 lake access point below are those capable of support recreation activities. A comprehensive list is at Map 4E-2 and Appendix 4E- C. Casco Point Beach(36) 0.3 X Lydiard Beach 0.7 X X Sandy Beach(19) 0.28 X Summit Park Beach 4.5 X X X Browns Bay Molly's 0.04 corner (la) X X 0.02 Winter Vehicular Shoreline at Spates(2) North Shore Drive at 0.04 Winter Vehicular Baldur Park Road(4) Crystal Bay Road(6) 0.04 Boating and bathing deeds for select parcels Gibbs Landing-Fox St. 0.04 Pedestrian year- round,vehicles x winter only Eastlake Street(10) 0.04 Winter Vehicular x _ Bayside Rd. at Stubbs 0.04 Winter Bay Rd.(11) snowmobiles access,Fishing X x X Dock Westlake Street(14) 0.04 Pedestrian X Access Park Lane(15) 0.04 X Fishing Dock Loma Linda Avenue(22) 0.04 X Fishing Dock Corral Road Extension 0.04 Pedestrian (34) X Access Ivy Lane(38) 0.04 Pedestrian X Access Spring Street(39) 0.04 Pedestrian X Access Carman Street(40) 0.04 X Fishing Dock Trails Ferndale Road 1.8 x Willow Drive 0.7 x CR 6 0.6 x Brown Road 0.7 x • Special Use Areas _ Orono Golf Course 45.6 Golf , Winter Sledding and X- X X X country Skiing Lurton Park 39 Off Leash Dog X X Park City of Orono Community Management Plan 2020-2040 Part 4E, Page 3 CMP Part 4E. Parks, Trails, and Open Spaces Regional Facilities There are numerous state and regional parks, trails and open space facilities within Orono's boundaries. a F Agency Facility Acres in Classification Orono Morris T.Baker Regional Park Reserve 255 Existing Regional Park Noerenberg Memorial Gardens 73 Existing Regional Park Three Rivers Lake Minnetonka Islands Regional Park 65.45 Existing Regional Park Lake Independence Trail 3 Existing Regional Trail Dakota Rail Regional Trail 30 Existing Regional Trail Wolsfeld Woods Scientific and Natural40 Existing Scientific and Natural Area Area MnDNR Wood Rill Scientific and Natural Area 220 Existing Scientific and Natural Area Luce Line State Trail 57 Existing State Trail School and Other Publicly Available Recreational Facilities Orono Schools The Orono School District campus on Old Crystal Bay Road North provides a wide range of facilities for school and community use, including tennis courts, football and soccer fields, baseball/softball, etc. Additionally, the school property is home to the Orono Ice Arena (developed by the Orono Hockey Boosters) and Lee Carlson Baseball Fields (developed by the Orono Baseball Association). Table,. -33 Sc4pcol Facilities Facility Acres in Orono Classification Orono School Campus fields 20 Community Playfields Orono Ice Arena 4 Special Use Lee Carlson Baseball Fields 8 Community Play Fields Westonka Schools,Wayzata,and Minnetonka Schools. Westonka,Wayzata,and Minnetonka School Districts offers facilities for sports and recreation use, but are not listed here because those facilities are not located in the City of Orono. Private Parks Available to the General Public One of the most recent additions to the Orono Park roster is the Lakeview Legacy Park. The park is 4.5 acres of privately owned publicly available park land. City of Orono Community Management Plan 2020-2040 Part 4E, Page 4 CMP Part 4E. Parks,Trails, and Open Spaces Lakes and Lake Access With more than 40 miles of Lake Minnetonka shoreline and nearly 5 miles of additional lake shorelines,Orono's lakes provide a significant recreational resource for all Orono residents. Lakes A defining characteristic of Orono is access to lake recreation opportunities. The two major lakes within the community are Lake Minnetonka which is managed by the Lake Minnetonka Conservation District and Long Lake which is shared between Long Lake and Orono. In addition to access that lake shore property owners enjoy the city maintains a number of lake access points. The DNR and Hennepin County each maintain boat access points on Lake Minnetonka. Us, g .,:7 2. # A l enc Facili Acres in Orono LMCD Lake Minnetonka 4,700 Orono/Lon• Lake Long Lake 221 Lake Access In order to provide lake access for the general public,as well as to provide for fire department access to the lake as a water source, a number of lake access corridors were created as the shore land developed. These typically are platted,dedicated right-of-ways leading from the local road system to the shoreline,and are commonly from 16'to 66' in width. The historic level of use of these right-of-ways (sometimes referred to as a fire lanes or lake access roads) ranges from minimal to year-round. A number of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice- fishing accesses.Certain accesses are provided with docks for fishing,and some have ramp areas suitable for launching a small boat. However, most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors have steep topography and experience a relatively low level of usage. Map 4E-2 shows Lake Access Point and includes a complete listing of lake access points. Appendix 4E-C also includes a listing of lake access points. PARK SYSTEM NEEDS IDENTIFICATION At the present time, there are many parks and open space facilities located in the City of Orono. These recreation and open space facilities are primarily under City, State, County, and School District jurisdiction. Parks, Open Space and Trail Acreage by Classification Table 4E-5 below depicts the amount of park,trails and open space within the boundaries of Orono by type. The National Recreation and Parks Association recommends a minimum of 9.6 acres per 1000 population of available park land. Orono is well above this standard with 34.3 acres of parkland per 1000 population with just city maintained facilities. City of Orono Community Management Plan 2020-2040 Part 4E, Page 5 CMP Part 4E. Parks, Trails, and Open Spaces Table 4E-5: Parks,Open Space and Trails Acreage bClassification I Classification Acreage Acres per 1000 Mini-Parks 0.2 0.0 Neighborhood Parks 4.8 0.6 Community Playfields 12.6 1.6 Community Parks 160.0 20.6 Lake Access 6.4 0.8 Trails 3.9 0.5 Orono Special Use Areas 79.1 10.2 Other Orono Preserved Areas 0.0 City Subtotal 266.9 34.3 Regional Park 515 66.2 Regional Park Reserve 78 10.0 Special Use 77 9.9 Regional Trail 13 1.6 Lake Access 5 0.6 Community Play Fields 28 3.6 Community park 4.5 0.6 Regional,school and private public 720 92.5 Grand Total 986.9 126.8 Lakes 4921 632.1 Summary and Conclusions 2018 Citizen Park Survey To help inform this chapter the city conducted a parks, trails and open space survey. The results of the survey are available on the city website or by contacting the City Clerk. PARK, OPEN SPACE AND TRAIL GOALS AND POLICIES Orono's Park, Open Space and Trail Plan is based upon the following goals and Policies,which in turn are consistent with the other elements of Orono's Community Management Plans: Goals 1. To provide passive open space and active recreational opportunities to serve the needs and desires all residents. 2. To protect, preserve, restore and provide access to ecologically significant natural resource areas, wildlife habitats and open space. 3. To provide citywide bike and walking trails that provide connections between area parks, trails and open space and when possible function as a transportation corridors. 4. To identify,preserve and highlight areas of historical significance. 5. To maintain and increase access for all residents to the city's lake resources such as Lake Minnetonka and Long Lake. 6. To achieve the above goals within the financial capabilities of the City and its citizens by City of Orono Community Management Plan 2020-2040 Part 4E, Page 6 CMP Part 4E. Parks, Trails, and Open Spaces developing fiscal and management policies that support maintenance, development and acquisition of parks and open spaces. Policies 1. The city will maintain a Park Commission of appointed residents to continually assess and evaluate the current parks, trails and open spaces within Orono. (Supports goals 1, 2, 3,4, 5, 6) 2. The city will actively encourage civic involvement in developing and maintaining Orono's parks and open spaces through programs such as adopt a parks and park clean up days. (Supports goals 1, 2, 6) 3. The City will cooperate and actively work with public and private organizations to provide additional opportunities for recreation and open space that complement existing municipal, regional and private facilities. (1, 2, 3, 4, 5, 6) 4. Orono will require land developers to provide for recreational space to serve all new subdivisions. New developments that results in increased land use density will be required to include public dedication of lands necessary for additional parks,playgrounds,bike-hike trails and open space or will be required to contribute funds for the municipal purchase,of such lands or improvement of existing recreation facilities proportionate to the cumulative effect of such density increase. (Supports goals 1, 2, 3, 6) 5. Orono will encourage the preservation and protection of natural recreational and open space amenities including lakes,marshland,wetlands,and natural woodlands on private lands though open space through conservation easements, private donations, land trusts and other preservation methods that allow the private sector to play role in preservation of open spaces. (Supports goals 2, 6) 6. Orono will coordinate with other jurisdictions, agencies and non-profit organizations in the provision of sufficient active recreation facilities and programs to meet the needs of the community. Orono will actively encourage all school districts to coordinate their programs and facilities and to open them to the public whenever feasible. Orono will actively support and cooperate with the Orono and Mound-Westonka School Districts in their community service recreation programs. The City will encourage planning for organized team sports on a community/sub-regional basis. Orono will work with public or non-profit groups to fund the acquisition and development of recreational and open space lands and facilities. (Supports Goals 1, 4, 5) 7. Orono will strive toward connectivity between the various park and open space facilities. The interrelationships between neighborhood parks, conservation areas and the rest of the park system should be strengthened through the proper location and use of green ways, trails, underpasses and overpasses. Trail connections should be provided to neighborhood parks to enable pedestrian access. Trail corridors/ easements will be incorporated at the edge of subdivisions and adjacent to major roadways. (Supports goal 3) 8. Orono will acquire additional public open space parcels as opportunities arise. The priority for City of Orono Community Management Plan 2020-2040 Part 4E,Page 7 CMP Part 4E. Parks, Trails, and Open Spaces any acquisitions will be for ecologically significant lands that abut existing park land, land that provides improved access to existing parkland and trails or land that facilitates the development of the planned trail system. (Supports goals 2, 5, 6) 9. The City's park dedication fund will be used for purchase of additional park land and/or for improvement of existing park land. Consistent with Minnesota Statutes, this fund will not be used for park maintenance or recreation operating expense. (Supports goal 6) 10. Where possible, recreational facilities will be designed to be barrier-free so that handicapped citizens have reasonable access to facilities. Orono will ensure that select new parks are constructed with accessibility in mind and to incorporate Americans with Disabilities Act (ADA) design standards with projects to upgrade existing parks. (Supports goals 1, 3, 5) 11. Orono will maintain Lake Access for all residents. With shore land abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. It is the City's intent to permanently retain for public use all existing lake access corridors and fire lanes,regardless of the current level of use or maintenance. (Supports goal 5) To this end,the City will follow these policies: • Requests for vacation of dedicated lake access right of ways will be evaluated carefully, in particular where equal or better lake accesses are not available nearby. The City will identify and take necessary action to preserve the public's right to use of any such accesses which exist but which may not have been formally dedicated. • The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. 12. The city will conduct a periodic (10 year cycle)park usage and needs community wide survey to determine if residents' needs are being met. (Supports goal 1) 13. The city will review the existing park and facilities conditions to identify needed maintenance upgrades and replacements. 14. The city will provide sufficient funding for the administration and maintenance of the existing parks, trials and open space system as part of the regular City budget levy. Other sources of park funding such as development park fees, grants, support from local organizations, private donations, will be used for acquisitions, capital improvements and major renovations. (Supports goal 6) City of Orono Community Management Plan 2020-2040 Part 4E, Page 8 CMP Part 4E. Parks,Trails, and Open Spaces PARK, OPEN SPACE AND TRAIL ACTION PLAN The following paragraphs describe how Orono intends to act on the goals and policies of the previous section. Park Commission The Orono Park Commission serves as an advisory body appointed by the City Council to make recommendations about park, open space and trail issues. The Paris Commission will continuously evaluate park, open space and trail facilities and community needs. This ongoing evaluation process allows for identification and prioritization of improvements; taking into account such factors as population growth,demographic changes,levels of facility use,health and safety factors, condition of facilities, special populations, adjacent land use compatibility, and life cycle recreation; invasive species removal and satisfaction of community needs. The Park Commission will monitor the parks, open space and trail systems to satisfactorily address the goals and policies of this plan. Focus Parks and Trails The Park Commission will focus on the following Park,trails, and recreational facilities. Big island In order to achieve the level of management needed to operate Big Island Park successfully, the City and Minnehaha Creek Watershed district created and adopted the Big Island Nature Park Management Plan,November, 2011. The management plan contains a vision and a series of goals for the park. The specific bullet points require additional clarification and coordination with the Plan. The proposed Comprehensive Plan for Orono 2040 will be a three-phase process as outlined below: Table 4E-6:Big Island Implementation Phase I: This Phase will focus on the making the park safe and accessible. • Clean up existing trails so they are passable for hiking. • Purchase and place a safe container for mowing and trail maintenance equipment. • Mow and maintain trails. • Establish controls for unauthorized use(snowmobiles) • Renovate existing structure(visitor center) • Evaluate Historical value • Create aplan to improve security. Phase II This Phase will focus on completing Goals in 2030 Comp Plan. • Establish a master plan for day use facilities, including but not limited to: bathrooms, shelter, viewing platform,picnic tables,historical marker,accessible paths,and a veteran's memorial flag. • Clarify the Natural and Recreational Areas in the conservation easement. • Re-evaluate the Management Plan together with the MCWD and make revisions as needed. • Construct day use facilities • Provide access for those who are physically disabled. • Conduct a process involving all possible stakeholders to create a long-term Vision. • Establish a true Vision for the Orono Big Island Park(what should it look like in the year 2040?) Phase III This Phase will focus on the long-term potential of the park. • Create the partnerships required to implement the plan(MCWD,LMCD,surrounding cities,state of MN, Veterans groups,Three Rivers Park District,etc.) • Create a phased approach to the vision(masterplan) • Seek and obtain funding. • Implement the plan. City of Orono Community Management Plan 2020-2040 Part 4E, Page 9 CMP Part 4E. Parks, Trails, and Open Spaces Golf Course The city will look to secure the long term viability of the Municipal Golf course through a series of capital improvements focusing on both golf and alternative recreational activities on the site. In 2017 the city under took the development of a mini-master plan to lay out options for the park. Future projects may include: Table 4 + E z';1111:i1; 1)1 t.11R 7or Priority Project Description 1 Porch/Patio Includes porch for clubhouse 2 Cart Parking Run concurrent with Porch project as the porch project eliminates current cart parking.Includes retaining wall and pavement for cart parking. 3 Fest Tent Area Leveling and clearing a 40'x60' area for placement of a fest tent to facilitate more events at the golf course 4 Fire Pit Natural gas fire pit area. 5 Lawn Bowling Project pending further analysis. Installation of a 30'x 120'2 lane lawn bowling facility 6 Snow Tubing Hill w/Tow Project pending further analysis. Installation of a tow rope and Rope procurement of snow tubes. 7 Multi-Use Trail Project pending further analysis. Installation of a perimeter multiuse trail at the golf course. Annual Focus Parks In addition to specific City initiatives or activities supporting Big Island and the Orono Golf Course, the Park Commission will designate one or two of its Parks each year for special consideration as "Focus Parks". In addition to normal maintenance activities, Focus Parks (neighborhood or community, recreational or natural) will be evaluated from a broader perspective, including potential capital investment. Examples for consideration could be: • Are there additional opportunities to increase use of the park (e.g. new trails or recreational facilities)? • Are special ecological or historical features of the park effectively featured? • Could the park benefit from more extensive removal of invasive species? • Are directional signs to the park and within the park adequate? • Are parking facilities appropriate for existing and proposed uses for the park? When designating a Focus Park, the Commission will also seek input from surrounding residents who could be impacted by changes in park use or investment. Recent examples of Focus Park designation included the conversion of the Susan E. Lurton Nature Area to include an off-leash dog park (2016-2017), extensive removal of invasive species, trail widening, new signage and benches at Saga Hill Nature Area (2017-2018), and potential new uses and improvements at Bederwood Community Park(2018-2019). City of Orono Community Management Plan 2020-2040 Part 4E, Page 10 CMP Part 4E. Parks, Trails, and Open Spaces Trails The City recognizes that search areas for extensions to the Dakota Rail and the Lake Independence Trails are located, in part,within City of Orono boundaries. The city supports extensions and connections to these features where extensions can be made while being sensitive to environmental features. Map 4A- 6 shows the locations of all trails, and planned areas for expansion. Table 4E-..8; !�_' a�� ' _ on Priority Project Description 1 County Road The city does not support an on-street trail on County Road 15 due to its close 15 West of proximity to Dakota trail. Navarre 2 Navarre The city will actively partner with Hennepin county and Three Rivers park Dakota Trail District to complete a trail connection along County Road 19 connecting Connection _ Navarre to the Dakota Trail 3 Old Crystal The city will support an off-street trail that provides access from the Luce Line Bay Road Trail at Old Crystal Bay Road to the Dakota Trail at North Shore Drive. 4 Wayzata Blvd The City is partnering with the city of Long Lake and Hennepin County to Trail provide a multi modal trail along the north side of Wayzata Blvd from the Luce Line trial to the western Boundary of the Orono School Property. The trail is being included as part of the CSAH 112 Turn back Projects. 5 Lakeview The city will plan a trail that connects Lakeview Legacy Park to the County Legacy Park Road 19 trail as well as trails to the south that connect with the Dakota trail. 6 Hunter The city will partner with the Hennepin County to connect the trails in northeast Drive/Ferndale Orono to the Luce Line and Dakota Trails via Hunter Drive and Ferndale Road. 7 Lowry Woods The city will plan trail access to the Lowry Woods Park. 8 Old Long Lake The city does not support the addition of an off-street trail along Old Long Lake Road Road due to the nearby access to the Luce Line Trail in several locations. RESOURCING Operating and Maintenance Budget The City shall remain committed to fully funding the operations and maintenance needs of the City's parks, trails and open space system. The majority of the resourcing will come from the General Fund Levy. The golf course and Lurton off Leash Park have separate funding sources for maintenance. The golf course is funded through greens fees and the off leash dog park through a combination the Lurton Park Fund and annual permit fees. Capital Improvement Plan The City manages capital expenditures at parks as part of the Capital Improvement Plan (CIP). The CIP provides long-term planning and management of infrastructure throughout the City. The CIP is a planning document that presents a 5+ year overview of scheduled capital projects to address the City's goals for public infrastructure. The CIP includes a long-term financing plan that allows the City to allocate funds for these projects based on assigned priorities. The 5+ year horizon of the CIP provides the City with an opportunity to evaluate project priorities annually and to adjust the timing, scope and cost of projects as new information becomes available. The information contained in this plan represents an estimate of improvement costs based on present knowledge and expected conditions.Changes in community priorities,infrastructure condition and inflation rates require that adjustments be made on a routine basis. City of Orono Community Management Plan 2020-2040 Part 4E, Page 11 CMP Part 4E. Parks, Trails, and Open Spaces Funding for Acquisition and Capital Improvements As Orono becomes fully developed over the next two decades,the amount of money collected via new development park dedication fees will decrease substantially. Funding for the acquisition of park lands and for improvement of existing facilities will require alternative sources of capital in the future. The City will continue to investigate mechanisms for future funding and will continue to encourage private donations of land or funds in order to maintain the level of active and passive recreation opportunities desired by Orono residents. Orono currently provides funding for park, open space and trail acquisitions and improvements by the following methods: Mandatory developer contributions of land or cash payments to the Park Dedication Fund at the time property is subdivided or developed;transfers from the City's general fund; private contributions of land or funds; fees for use; and grants. City of Orono Community Management Plan 2020-2040 Part 4E, Page 12 SONO 2040 Comprehensive Plan Parks and Trails / 1 BOLTON y c,.* Orono,MN June 2019 & MEN K at Real People.Real Solutions. - r . Katona p` �c` r+I� d t2 Ir^,• Lake �� �� hpve\Ivx -,.,sem:,; �z e Legend a wa 1��-_.^��f_ __ _ . . _.._. .._.. �B To X11. Y a2n4 Yrara@y� �� '3R-2i I•�. r .cm-fl�MCWD 1•2._ = 1 !o 19th Aver nth qK i s'z z 12 6 y�.+� pre p L r; City Limits 2040 MUSA 1: Dice d 11� rill tilt:l1 `O Cake A Rpe , �"" r 6 Latta 1 - o `2``y` z A��! � � ■��., el.' �`0-24 CfasserY. S t 1 `' 3 �--��� "^- o1 3•50Feet I bg 112 f1Kelle,pv--- `e .,...• T # sp0, \ Lake d " � r ^r•, , Source.Met Council Cit of Orono, : as z l o l.,. f0 + r ` C o Y A r 8th Ave N 'p I T ■ s., r DNR-4.; C 9 Hennepin County,MnDOT , Ircl ® y�- it v 1 to i • s w SicM Ave l ;'`C 0 c aaa'1, adIs r '' m -'�1�' Wayzata B� � a 1� "„r o..�P�N P' ' �L Moline Road c •19.N 1� �� m lig-' I AOrcharq L° o � p 5'� � � 1 ..ii a , �Dk'n RO a lU Q"tllMg” ,, _ �, _ 3rd.Ave N' - '' a ,,,:' - 110 84 ,,, . - 5 NO ARK AND TRAIL SYSTEM e A ORO P 6 ,44,,...._,... f° 1 •d 1 O-1 Casco Point Park ,„,.:01, 19 9'°ky �m iii ' I Q� 1`�^ _2 •r ape:,l O-3 Casco Point Bean nk ` .3 c 1 I---N. ��� 012 oaa._ c � - C � � __ � 2t) Rt{'a ...Cy'' I DNR 1 . � �a ' o'r O� Lydiard Beach -� . p c I 0 ' O-5 Livingston Tower Park c IIneDr -6 Antoine Park rk rc �. S. . g shore 15•. rrr pad W d4, PP-1 gaY 3 __s� �,�,��-^m� 0 7 Sandy a Pa I Painter's g Fox St p �eY Ln O-6 Sandy Beach a R e e� rn i' L r`iq i ea To'° O-9 Summit Park Swimmin Beach o —� Mil O pkw i' NC o Dt .¢ 0-10 Bederwood Park Y Parks and Trails o � ' �n ,,„,n �''�� �' •j Fe r �a o-t1 HackbenyPark g o ,, / grow,! 0-12 Orono Golf Course o North'dq ;,: O s mgale Road W Q "'"' 0-13 Seven Nations Park a Regional Trails Other Trails Arm oA =N - anager gay 0-14 Navarre Playground ill S g 0_1;...11 o°'o• .8d xwall .s F k- 'C91ta r xr., # ,, _ `<� 0-15 Crystal Bay Playground a,® Dakota Rail 34fre. 0-16 Lowry Woods Off-Street Marsh F n r g ,^/ FOIaSt, `�^ ,w0-17 French Creek Preserve Ly Regional Trail ?� „,,,,,,,,,,:,,,,,.„7,7--„,.. 3R t ' e +°” „,:j.:49,:.3', �,+ .'. o-t6 sa I Hill Preserve .."'":6•1,141°.'” "--..,111, cY e:,� au„ r,1° �� T I " g Lake ^� On-Street nnrnp5 1 T arl0-115111.,- is ti t , , t ' 0-19 Pleasant V ew Park j Inde andante , � _.�►`'1 s ,-4' 11� �`"" 1▪ *' " F '+' +' ,* ++";F 0-20 Big Island Nature Park P Y DNRr3 ,.-,,,,,,,,,,,,4',9 " hpre Dr '1# . f# 0000-_-1-211111:9531P 21 Lurton OR-Leash Dog P'MB k Re Tonal Trail +" + Off-Street, x 1,:,,....'...,,,,,t.mio• f,.*„. s °a! ++ +'+° Planned +r y ` 1 c 0 PR /PUBLICLake -,,,,f-,5'..c....,-,...t.'''''?„,... PP-1 Lakeview Legacy Park $ I Minnetonka LRT On-Street, a►�s'` �1 0 5 ♦ n a 4 Ly yI• 1 nye= • • NATURE CONSERVANCY s Regional Trail .****44i Planned BNd+o , Y $r t• Bt h+s r` t 1 » . c x 1 t d +, -' NC-1 Ferndale Marsh W Luce Line State /� / Local Sidewalks 500 m4 ' 1,1"1,,,,,,,,,",,,,,,,,,,.i-t,,:„, x21 + x f 4,•.....°°41.1.41-.."4,°, tare ° d / v ooO, r , ,moi, ,#,m" ,,, „r ,. ,ter r,.1 .* `� ORONO SCHOOL SYSTEM FACI:eal ITIES , Trail &Trails !' 1 .�,y- „y'k .1 -°” -- `I� t' * y.r £Y A"^t-v �'' Orono School System Facilities e*va' ,r Y,„e - •r�-to90 Road A�ptak'�. -""` 1 rx, *.' .rye, . :_I ""il:r S-2 Lee Carlson Baseball Felds Regional Trail Orono Parks �L of 9r �x. rszs"1`a ; a Mh<•g ,� Search Corridors 5,..L_+�� _ W ARnDr NoRhe'k°e �'� � D * Hlghl: r ? . � D ARTME T OF NATURAL REOURCES fl Re ional Parks ��� -�T-A�[ r_� ^+1, � a La1ayetfe �yeh° 41 e`" ,y H "* z,•a3Rutl0d a EP DNR-1 N Luce Line State Traii ��0 1a g a 1 J w�•a•� r S'I9 DNR-2 Wolsfeld Woods Scinfifc and Facilities s+ . ". > Y q � 1 ! / and Natural Area .O`3 I a S :. a c♦ P 'y'`'j ,,.. Lake Ave Regional Trails- p ♦ �� 60 a �+ 0-20.. + ark 9v DNR-3 Maxwell Bay Lake Access 2040 System Private\Public •, ,y •�yQin, `+T�+ +a �'n , e DNR-4 Wood Rio Scientific Natural Area' '-4 11111111 Additions Park 4'° 1 C of aR°3 �+ +.� _ p� e ;e -i,..4.1.,,,44..,4•„6,-,,„(;,,,.,,....i.p., I NEHAHA REEK WATERSHED DISTRICT c'3 '.•.2111517.04 fizz,"+Wllshlra BNIa 'aj6n 1 1 q I V,*r '"L"'§ � '� sa*5 .1l . I r L, M N MCWD-1C Wolsfeld Creek Orono Public 9 ° ▪ r 4 *+ t _ `g o Germans aakevrew �i il r, , g SCh001S € 1'*� ♦ t38 � - �� °• ' �+�.,. � Aq # St"�$. HENNEPIN COUNTY o'c z : *�"m v. T �cc'L Sv""x, .✓ 3�k s 9 .:!e .0 c,� 'Pao r'1'p/n'.""„"'#rpt"('2e j _ i'I H-1 North Arm Boat Landing Open Water M 0 ` 1'_ c « .,,,,,t1,1.', a , • z ', o I �•���� +, 1.'"" °O 1 Az""a, 9 m ° OP... ro THREE RIVERS PARK DISTRICT y -3'10":47,67:-,,44,7; _� • , Clr Cisrka ,, : ° d,'* S ,,. °ad^ p 3R-1 Noerenberg Gardens ' Map 4E-1 1s195b 4 • Po1nt '«tP..:'•d iti°=gk ^'% z netO ka ,rp°r a stv,r 3R-3 3R-2 Bake Minnetonka Islands 3 r "'` x.s"» : �c�o Qo T sx L * 1,� ^::\ t Regional Park 8 Til / 3�'`��'' ">� ` � e > N�9 � vh`� a 2040 Comprehensive Plan Lake Access Points BOLTON " Orono,MN O & MEN K '<1it 4NOPt November 2018 Real People.Real Solutions. ,,,.;..,,,..„.4,0k, va tea e.•. `` �' o - 12 ......_,.- .._..:.4„'-- MIIIMIIIIIIIMIIM Turner Road g."' 1 Sty 1' .- 201 �� '' 9 /ytl Drake Dr c z (_ ,.. ... 1 °;., cr Aa.t a a 6th Ave N _ ,. .... 0 VLake �, s spring Z` M. .... ..._ ...._,.... ........�....__ { btl` °- x- ry K IIeY "Y m L„Kilard a Z Painter Cr. a ak o NtillalI .' 9 _ 11,U c solo q —1����Or�_ Wayid�� Di Moline Road 'o ;r m and Lq a '' -• - 10„,,,....„ .6.^, ' oa •: ,t `on8 Lore l a M - Ifilier---- rn •., w .+ ?_ 15 M. "r-=5 11.:.`t ___� ._.-s-,--a. ti,. =mac 0 26• ^"`':, m Ys5 1? 'tle R 12 11 m Jo .�.. \ ° 4.. `w °r` ... -- ,..,.. 0 13 ..,. 'm da i w Yo'C - ,a'. , 3 f- „,-,- ` ' cee . "„rrr° 14✓ axti.. m rryT �Ro 1 ,U :: ....„ T''..' .... ......,.�. .,...._. C,7,- nh,. _: .§.. .,,.,16Ubbs N of Shoreline D .+•s'•r 1 -,, o Qac �; a � U t';'-4, ..%9� 15 s'a :,., r a Fox St aealeY Ln An"""a _. -.. ry b� to O '''.4.4.,.......... " 135 ra� ' r ^P< .y County Road 157`.”,,;'i,i kD. & a !�_/ : ,moi0,4 � � -- . a W Branch Road ,..North oiF7 .x iS4 £O an �' `a'9 Xwns 7: Ferntlale I,Ve c.. l Arm. (. s i m . ,t. ..Tal78get 5:-:,. �y ♦ oad W 4'$ +wa*r. 1 Air ".. "._ 6 ^•••(\�� �$231'.-1.4,W:!'",24 22 S.."'�"?7.� 6„sa°°:""...89'y°'� .::. ch v en/ Frsrt ; a• Ax,ar- 11 Marsh . Q°.1..;,4 + ra . •28 3 a1 ,21 ey ".".` "R. �, "4--4; ^"err°_ ...,_. @ . daa Anih a'41♦ 25 20 ', ...-'°'` .. ''''el- 2 ':.' .A d�`ht a 1"""`', -,4,,,,,,,,,,,,,--. Vit... * :.k;..... »�'"y 7 w 29. A 26 .':: ,x^ ..1, t4 3 ..- „„rj rcau, , m -..*ICl • 1 �D 19.41ii 1 t. ,`,',',.;;;:!:',4",:':.:::.'.. k''',2-,,,-:.4°.D ,aga` . . J .,,...._ �. . E ,�„�,$♦ 31 33 1 S SP"b+ 7L � vra � s i'� �'.°�"�. c:,y, �a - _ ` Nr x 'T1,, ,k� ;�"� '�' t F f "% S .0 5. a - � �•_•-w. a ''':;.I.'-'''. �•:' - +C° ' West -:'32 ", #:♦ I i Ar'e v ::r,* t , 1 r a+ Ata ' `.m."r",.•,�.., X . • 7hre o riI 34 x;j.ago ` a.."*g"ra m A ' �. 4..",i'''''' x x A r e�Poin rBP6 s�o .1 Amt ,.„'.,s i,f'r,.,4, r y x:T,.`: "' .: y ,x t,,:L: Ida aacSa`�.... ..._._. 1 35 " a +. ' gib + o A Haim�sdr 4'ooa Lr x 5xA ps, 7`I'♦ 'L. y1,, '`.-- .. . "i ": t !. o _ m � t C� 7 � x2d t�`.ate, *a Fp' ., i ,. &"�s � •:fX ti � - � �'� � Ba ae,aaF * ! 1 `"s` +v•� --'-'''''''-''''-:-.---;"1:-,;--:-. t 4.c..�` .,h ^a*`� .°,„. - J1 .,x, g ;,�,t .. Arcola V r 2 rsw:n # 4 mg BlvdE 1�1//j 'gEd9 a� , r. c. �.. ',So90 Road ier ''I ..A;, xAl y r;a 1 aa4,+,. ...a..• 9 „ •:-,,'''','''P'''.: w„:' o � .,911 .__%._Y.' ^aW:Arm`1D� 'ehA a XXa ' C �s � +° � � � • ”". U ` 11*it —.__� —�� `I yiiw,,, dye rl .ari '• ` " �vw,. " Wd 7,. •A Rel, � - .w.........,...... !�V' a«"� .s c AveIgl" a°Y° 4!,,,,,,,q.,:. ,' rsa,F^ + . ,1 Azur.Ro ..,., _, _ :. S A ar Lake Avu Lai 6d tsr, '"dam �.. ' " �a a r....._, ...-. Legend e 39 di, a a �r v --B i a p rK y g a*. j ,„ ....4%.,,,,,,, h A 9m ootlR =zy ,•�I. A= +, Lake Access Points , y a i s La Lakewew P Lake Access City Limits Lakes&Ponds za, , 1 "Carman 41 D 'e a e, r .0 0 •-•' 36 I r�''�''•� I "`` 9a. �. ,. Points o dol ♦ "�" H od Roa, o 2040 MUSA Rivers&Streams 3s E t t �L'\L z d'X w:,l t'-a � ♦ �/ tl , 0 3,500 •��3.z* ,. "t 37 � o. m} ' m A,y• w i�r '"`,„z17r n a.X 'i "* is D Feet ♦i-�; "fiasco r`1• ` ""°^ L.a .k: .., ',. � 9 -Pomf 1 c� cA ",r '°"„,.a?"^ ."`µ, w i.: Road Q' d o ,: -.. € Source.Met.Council,City of Orono, /4` o ,, o< // Map 4E-2 Q an F' a '" Hennepin County,MnDOT ; 'm „?; 3 , " , o�Wdt+ „ .� as r , � � .. _ ') mr . ° a� i ► :.° �� ,.. >.1/70 - . iii-T l /" "ul-."1. 1.) (1`.ro+n ur_S- C e,,... .. ;,�...�: .. > .. 'd��` ., .• � �'/ ]_`t Vine'St(� 1 FSS Ln�' ( 1 '6' Appendix 4E-A: Park Histories and Details. Park Name: Antoine Park vv Classification: Neighborhood Park ! �. sem.. Location: 1780 Concordia Street V je • Size(in acres): 1.3 '' tvf7ACJ a 1780 . Description: Mainly open parkland with some large ' ; deciduous trees. �x , ,rxt Facilities: Playground Sign d f - . ... '*, 4.Picnic Tables - �,,4 it Adjacent Land Use: Single-Family Residential .4 ' : Restrictions or Park sign must read"Roberta Lee Antoine j , a "'.a�F�`ts. r Conditions: Playground" in the name of the donor. - t -•':: '-'77--,,,py,-:- ' -_'', ,, I History/Notes: The property was donated to the city in 1974 by Roberta Lee Antoine. Until 1995 a recreational ice skating rink was maintained at the park. The abandoned buildings on the property were previously used to store the city's docks during the winter. Some winters and for the annual neighborhood picnic,area residents use one of the buildings as shelter. The Park Commission on January 6, 1997 recommended installation of new playground equipment. The Commission also requested that the City evaluate the existing buildings for a possible use as a picnic shelter,warming house or for their removal. The buildings were removed. PIDs Acres How and When Ac.uired 17-117-23 22 0026 1.30 Donation in 1974 from Mary Antoine Park Name: Bederwood 1 ` Classification: Community Playfieldikt;' Location: 55 Stubbs Bay Road ' " EMEEZIE 9.05 Description: Mainly open parkland with a scattering of smaller trees throughout the terrain while ,` older deciduous trees surround the park . .. " along its borders,a Little League baseball "' -1 field is located nearly in the center of the . i., park;park is located near a small residential �` �- .. . nei:hborhood 14 " a Facilities: Baseball field \ 1 Playground • Benches Picnic tables So.,., Temporary chemical toilet facilities - - " , . , Gravel parking for park&Traili (a..roximatel 25 to 30 vehicles) •`"� �`' `' Adjacent Land Use: Single-Family Residential/Luce Line State • Trail Wit.x� Special use Groups/ Orono Baseball Association,trail users. = Stakeholders: - Restrictions or None r . ,; Conditions: "•.x ., 1 �' ?o W. tri,,,,_, Notes: A 4" well has been constructed to provide drinking water and for flooding the ice skating rink. Improvements and equipment were funded through CDBG(community development block grant) funds and park dedication. A soccer field was proposed in the original plans for the park that was to be located in the north part of the parcel. PIDs Acres How and When Ac.uired 05-117-23 21 0001 8.75 City purchased in 1974 05-117-23 21 008 TF 0.30 1979 Transfer from DNR to City Park Name: Casco Point Beach Classification: Public Lake Access/Beach wx °'3 411 Location: Off Casco Point Rd. on Carmen Rd *- t.� ,"' µ ""'"' 0.3 x"a Jr : � Description: Narrow strip of land that was originally a * .. - x street used as a water access point to fill fire "' trucks with water. Park is situated between `' ,4' .r . two residential lake shore •ro•erties. � `'; „1 Facilities: Bike rack �'r � . i� �. Picnic Table s u* _ '•s ' Adjacent Land Use: Single-Family Residential a 1c , Special use Groups/ Neighborhood residents ��J' .," Stakeholders: ' n� Restrictions or None , S- =Y ` 4 Conditions: nS© Notes: Casco Point Beach is a narrow strip of land 60 feet wide and 235 feet long between 2871 and 2879 Casco Point Road on Spring Park Bay. PIDs Acres How and When Ac'uired Dedicated ROW 0.3 Dedicated right-of-way("Carman Ave.")in the plat of`Spring Park'(1881) Park Name: Casco Point Ice Rink 6', , o' Classification: Special Use AreaISIlit �$' ` s Location: On Casco Point Rd. before Dunwoody Ave. and one block south of Shoreline Dr. 3.1 Description: The majority of the land is now open space which abuts an adjoining wetland area, an ',12. open area used as an ice rink occupies the ' front of the park. The park is heavily wooded in the rear. Facilities: Ice Rink Parkin• Adjacent Land Use: Single-Family Residential . Special use Groups/ Stakeholders: b Restrictions or None r�5'' Conditions: r M -5-0' rAY Notes: PIDs Acres How and When Ac s uired 20-117-23 21 0022 3.00 Purchased by City in 1966 Park Name: Casco Point : ,,, � :,.-A,` < fie'' '�2>)`a. -„,,,t.,-,,,,i7-1P,7�r' '� t r�32,.5a+�' ��a a Classification: Community Park Z � ., ? ^< 3iael Location: Casco Point Circle „Aoo `"n om i ��►' >� +; + ' �" 324 . Size in acres . 8.25 � '" ri 32x3 a esu,�i ,7` * + ` 7,Y 4'k i 1 r } ` } Description: Heavily wooded lot with several meadows �o, „_ * aP and gradually sloping terrain located at the tip ‘.4,1:,,Z..1,',;,.7'7 , :: ii. of Casco Point, park has one low lying area ' , 7 "` , .. that acts as a catch basin;passive Point Park . :et. ` te, , f a area ' �' w, Facilities: Sign '. Mowed Areas , • Adjacent Land Use: Single-Family Residential � . " ' '; ma., §� , y� r' M% t s e * m Special use Groups/ 't, *ri' '.' _' . r, ..„ Stakeholders: < a , , ¢: ' � .. Restrictions or The deed to the property, dated December - ' `; _' w 1, - -- Conditions: 30, 1971,specifies that the conveyed " .".i.3'.. a - ;' � °r premises shall be maintained as an open 4' , '' ,t''''''''''' ' .•4 . F x ,' space natural woodland,that no buildings i `' �; � ',-� N� 1. ; R may be constructed,no recreational facilities et, "t• ` *'r ` t= . , .u' ' inconsistent with the retention and preservation of the land,and no construction of a parking lot,washroom facility and/or other .ermanent structures. Notes: Casco Point Park is an 8 acre park at the end of Casco Point Road. It is left in its natural state and only mowed 3-4 times per year. PIDs Acres How and When Ac uired 20-117-23 43 0031 8.50 Quit-claim deeded to City in 1971 by Casco Point residents Park Name: Crystal Bay Park r.' -' j;. Classification: Neighborhood Park , " 1251 Location: 1335 Brown Road South 1250 ./ ` ' CEETTEIMEMI 2.39 �� 1 J Description: Flat terrain with a division in park space,between the playground _ i 1270 1275 area and the open space by a row of tall evergreens. The park shares a Barkin_ lot with the C stal Ba Post Office. Facilities: Playground 1290 ti Park benches 12x5 ' ` Picnic tables Park identification sign Well /1 '. Small Basket Ball Court Q., Adjacent Land Use: Single Family Residential Special use Groups/ None Stakeholders: {` Restrictions or None Conditions: _ _ Notes: This playground was developed using park dedication and CDBG funds. The portion of the park area north of the Post Office was 1335 converted into a park by the City when they demolished the old city , /' :436 administrative and public works buildings in 1993. Open space on `' the north side of the park may at some time in the future be developed into an ice rink t, i #r t PIDs Acres How and When Acs uired 10-117-23 31 0024 0.17 Orig. Village Hall site,acquired 1906 10-117-23 31 0025 0.16 Purchased 1920 10-117-23 31 0026 0.15 Purchased 1944 10-117-23 31 0027 0.14 Purchased 1944 10-117-23 31 0097 0.90 Purchased 1958-67 (4 parcels total) 10-117-23 31 0101 0.87 Purchased 1974-1980 (3 lots) Park Name: Livingston Tower Park Classification: Mini-park — #- **--"."-"--------------j - Location: Corner of Livingston and Blaine streets `'' '" t Size in acres : 0.2 Description: Very small parcel with pine trees and three benches i., .. Facilities: Picnic Tables Benches Bike Rack Historical/Information Signs Paver Patio Flower Gardens Adjacent Land Use: Single and multi-family residential. _ .. Special use Groups/ None ' Stakeholders: _ Restrictions or None Conditions: I airr Notes: Sculpted bird bath was constructed with funds from Westonka Lions and park dedication funds for the city by a local artist. Park was rehabilitated in 2015. PIDs Acres How and When Ac'uired 17-117-23 34 0048 0.20 Dedicated as 'Park Outlot' in slat of`Navarro' (1982) Park Name: Seven Nations Natural Area --• -' '',. " s1, 3; Classification: Community Park l - - _ , ' � r. ,. Location: Watertown Rd i '..1.0-0.,:g 4..1,-4-1 , Size in acres : 3.04 `'' " i_. Description: Truncated piece of property that has slightly — - rolling terrain located within the Thorou t hbred subdivision k.- Facilities: Parking �. Adjacent Land Use: Single Family Residential ,- Special use Groups/ There have been claims of a connection of Stakeholders: the land with Native American :Jou.s. " N Restrictions or None Conditions: ;N, I *,44$'40, ,„:: '..= ,..,,4,i,r, ,,m- ,, fLL 3 roY 2643 . Notes: PIDs Acres How and When Ac 1 uired 04-117-23 12 0020 3.04 Acquired in 1994 via Park Dedication from development of Old Crystal Bay Road Addition Park Name: French Creek Preserve Classification: Community Park Location: 898 Old Crystal Bay Road South EffEtrIEM 33.9 -'' .0TM _ ., ' .. rs,.' Description: About 7 acres of the dedicated portion are - wetland wildlife and about 4 acres are prairie _ land preserve. The 7 acres open pond(which 20 years ago was once a sewer pond)is from 1.5 feet to 4 feet in depth and is surrounded by wetlands on the east and south. The NW _ at corner of the 4 acres is a restored prairie3:. which rises us sli:htl from the Bond. Facilities: Gravel parking for approximately 8 to 10 Vehicles 711*i' Benches ' ` 'Restored prairie Trails Park identification sign ' r Information sins , Adjacent Land Use: Mostly open space, some single family " residences Special use Groups/ None Stakeholders: "' ' .... Restrictions or None ,ro . Conditions: t.} Notes: There has been some discrepancy on determining how many acres the preserve actually holds,the city dedicated the northern portion of the property as parkland,which has been noted in records as being approximately 11 acres. Another portion of the preserve which fell into tax forfeiture makes up approximately 19 more acres;the whole property of Outlot A has been estimated around 30 acres. The park opened in the Fall of 1994. The City has set aside the NW 4 acres. The City transferred$90,000.00 from the City's park dedication account to the general fund for the purchase of this land. PIDs Acres How and When Ac•uired 09-117-23 11 0007 32.7 Acquired for sewer plant (1963) 09-117-23 12 0009 1.15 Park dedication as part of plat of French Creek Woods(1995) Park Name: Hackberry Park Classification: Community Playfields Location: 126 Hackberry Hill �,° Size in acres : 3.58 " 170 i,} , 2: Description: Terraced terrain,upper west side has play equipment and ice rink, lower east contains .. two ballfields. A residential house is situated ti, . in the middle half of the western .ortion. Facilities: Playground • �` Half size basketball court L 2 T-ball fields "1 Soccer field ;,. tz. Picnic tables L - ' ,4,„ ._` 140 Chemical toilets Adjacent Land Use: Single-Family Residential OF,t-i,;.--,-.2 Ty ''Al: ! ` , Special use Groups/ Orono Baseball Association 1 26 Stakeholders: :. ,,,- Restrictions or None iii I- ' ,-, ,.. Conditions: Notes: This park was developed with the assistance " of the Minnetonka Optimists Club, 74 Community Development Block Grant . ., Funds and Park Dedication Funds. The City ,*; �' Purchased the residential propertyat 140 p'` "°"` ', Hackberry Hill with living mortgage in 2016. I'i_s The ice rink stopped being maintained in .. ' -.. ' , i -z , r o 2016 due to lake of use. • - n c d 'tte 2, ` ' PIDs Acres How and When Ac$uired 33-118-23 44 0003 0.51 City purchased in 1971 33-118-23 44 0004 0.52 City purchased in 1971 33-118-23 44 0006 0.53 City purchased in 1967 33-118-23 44 0007 0.41 City purchased in 1967 33-118-23 44 0034 1.61 Dedicated as Park in plat of`Daniels Long Lake Heights"(1950) Park Name: Highwood Park 413 Classification: Community park i Location: North of North Shore Dr. sr 1421Tik ' ' Size in acres): 13.69 Description: Nature trail area that is surrounded by single- ... famil residential housin_. Facilities: Gravel parking lot 1453 pwr Trails flit. Adjacent Land Use: Single Family Residential t 46' Special use Groups/ MnDNR for Parcel 0057 ` .,4, 477 Stakeholders: 1910 3 �i Restrictions or ;os Conditions: ,,� � i} p o 7.- k ¢s ^i Notes: Highwood was purchased by the city in 1971. The area has been left in itss natural statewiththeexcepton of a walking trail that was developed. Several species of birds,ground hogs,fox and deer are common in this area. PIDs Acres How and When Ac uired 07-117-23 44 0074 11.29 Purcsd by 07-117-23 44 0059 TF 0.22 Tax forfeithae1988City in 1971 07-117-23 44 0058 TF 0.23 Tax forfeit 1980(Owned by MnDNR) 07-117-23 44 0057 0.23 Tax forfeit ? 07-117-23 44 0056 TF 0.22 Tax forfeit 1988 07-117-23 44 0055 TF 0.12 Tax forfeit 1988 07-117-23 44 0054 TF 0.23 Tax forfeit 1988 07-117-23 44 0053 TF 0.23 Tax forfeit 1991 07-117-23 41 0002 TF 0.32 part of 1971 purchase? 07-117-23 41 0003 0.60 Park Name: Lowry Woods '' ' Classification: Community Park Location: South of the Luce Line Trail between the roads of Luce Line Ride and Cristofori Circle ,-3.;. 's Size in acres : 14.1 = 4 Description: Isolated and currently land-locked parcel of land. • •• + *IiIt is heavily forested along with rolling to steep iA terrain. The property is densely vegetated with deciduous trees and contains a segment of old . growth Oak, Maple and Basswood forest. There _ is also a small evergreen mix of Pine varieties. Facilities: None Adjacent Land Use: Single-Family Residential w Special use Groups/ None Stakeholders: Restrictions or Conveyance from Nature Conservancy requires Conditions: that the City of Orono maintain the property in a natural state. No development except trails is allowed. Notes: Lowry Woods is a lig W'ood1s remnant of the Old Maple Basswood forests once found throughout the area. The forest is available for research by ; rr scientists or for nature walks and study. Mr. and Mrs.Lowry donated the 14 acres of land to the Nature Conservancy in 1965 for use as a natural 4y"" 1 area with the idea that if it became inappropriate to be held as a natural area it could be sold. The proceeds must be used to purchase another natural area. PIDs Acres How and When Ac 1 uired 31-118-23 43 0009 14.1 Donated to Nature Conservancy by Mrs. Lowry in 1964; conveyed to Orono in 1994 Park Name: Lydiard Beach `. Classification: Lake Access/Beach 4 Tiff r ;11 .yA Location: At the east end of Lydiard Ave ;N� , .85 Description: Narrow strip of land 66 feet wide. Parking lot is near the beach area. Area is adjacent to i• __ lagoons which serves as small marinas for Walters Port Lane and Carman Road residents. cin Facilities: Sand beach N Bike rack ' Gravel parking lot Picnic Table gate and fence iticit::,.i.: Buoys. Sins Adjacent Land Use: Single-Family Residential Special use Groups/ None Stakeholders: Restrictions or None c' Conditions: ..•':, Y. Notes: f . f PIDs Acres How and When Ac•uired Dedicated ROW 0.70 Dedicated right-of-way in the plat of`Townsite of Langdon Park' (1893) Park Name: Navarre Playground Tt' i'Ct', d' 3T : \::j\i'''''':\\''-'' .. Classification: Neighborhood Park Location: 3408 Lyric Ave Size in acres : 1.08 t '*` Description: Small park along busy ' " intersection. Located near both N 00 commercial and residential areas. N Facilities: Playground Benches Picnic Tables Half court Basket Ball `` Information Si• s - ,- s Adjacent Land Use: Single-Family Residential and cc Commercial Special use Groups/ None ` Stakeholders: Restrictions or None Conditions: Notes: Original improvements and playground equipment were funded through CDBG (Community Development Block Grant) and park dedication funds in the 1970's. This is one of the only playgrounds located in the most densely populated southwest corner of Orono. PIDs Acres How and When Ac a uired 17-117-23 43 0078 0.31 City purchased in 2004 17-117-23 43 0079 0.15 Tax forfeit 1979 17-117-23 43 0080 0.15 Tax forfeit 1979 17-117-23 43 0081 0.11 Tax forfeit 1979 17-117-23 43 0082 0.03 Old Right of Way 17-117-23 44 0008 0.14 Tax forfeit 1982 17-117-23 44 0015 0.19 Tax forfeit 1980 Park Name: Orono Golf Course `" . Classification: Special Use Area "� "� j...4....n. 4,40.4-4 .,,,..- - .., , Location: 265 Orono Orchard Road South ---7 ' , r ` Size in acres : 45.63 ,w Description: 9 hole Golf Course on rolling v ., 1 -'4,;,..,1 hills. ati_ ""., �. Facilities: Golf course s . Club house 1" Parking lot(approximately 35-40 vehicles) a Adjacent Land Use: Single-family residential t 'A` ' Special use Groups/ Golfers Stakeholders: Sledding and Cross country skiers in the winter -• Restrictions or None '++ ! Conditions: a.. . �' k i�' ,,.3.4-„...--%".:..,:4.1: _;..e,:t4t. ...,. .,..\...,,,,,, .,,,,%":1- . Notes: The Orono Golf Course is a picturesque nine-hole course with varying topography, elevated greens, mature trees, and a wooded buffer on the course perimeter. It was founded in 1924, and has the distinction of being the first public golf course in Minnesota with grass greens. In 2017 the parks commission had a master plan prepared to look at both golf related and other recreational future o..ortunities. PIDs Acres How and When Ac.wired 02-117-23 22 0005 45.63 Purchased by City in 1967 Park Name: Pleasant View TO Classification: Community Park • Location: Mahpiyata Island(west island of Big Island) X13 ._. ✓sK —• _ EZTEr 1.25 Description: Largely natural and undeveloped land Facilities: None Adjacent Land Use: Single-family cottages Special use Groups/ None Stakeholders: Restrictions or None • sae n Conditions: Notes: Island residents use park to access each other and water. Alto , — r • ,F } • iP PIDs Acres How and When Ac i uired Dedicated 1.25 Dedicated in plat of`Pleasant View Lake Minnetonka' (1888) parkland 4 4111100 Park Name: Saga Hill ° ` Classification: Nature/Conservation Area 11, Location: Located along the west side of the Wildhurst Trail about 1/3 mile - north of Tonkaview Lane. 28.96 Description: The park is also a wooded site. Facilities: Parking Lot Trails Benches AK alf, Information Silt-is _ `# Land Use: Single Family — �` Adjacent g Residential Special use Groups/ DNR '' ,' Stakeholders: r>/ , J. '. t.'',, Restrictions or Conservation Easement The DNR portion"(a)The Property shall Conditions: be managed and maintained consistent with the purpose and type mot .T __ of property acquired using appropriate management and protection '0 practices to protect the natural and/or scenic resources;and(b) ,, ,? This part of the Property may not be used for any other purpose ,r 10 without the express written approval of the Commissioner of the t' Minnesota Department of Natural Resources(the DNR')." This v,. declaration shall be binding and run with the property for a period + of twenty(20)years and shall be automatically renewed for consecutive ten(10)year periods. Tax forfeiture parcel has no use restrictions. Notes: The portion of the park with the DNR restrictions was purchased from Midway Bank in St.Paul. Area residences raised the funds for this and were successful due to anonymous donor. The park was restored in 2017. PIDs Acres How and When Ac.uired 07-117-23 22 0007 3.43 Purchased 1999 07-117-23 22 0008 3.45 Purchased 1999 `Sollner Properties" 07-117-23 23 0019 1.46 Purchased 1999 07-117-23 23 0029 8.70 Tax forfeit 1998 07-117-23 23 0034 0.70 Tax forfeit 2008 07-117-23 23 0020 1.72 Purchased 1996 07-117-23 23 0021 1.88 Purchased 1996 07-117-23 23 0022 1.91 Purchased 1996 Park Name: Sand Beach Classification: Lake Access/Beach Location: At end of Maple Place on North Arm Bay '! Size in acres : 0.28 _ Description: Narrow stretch of lake access.. q •� f Facilities: Bike rack Picnic Table y ` Ci information sin (lb ; Adjacent Land Use: Single-Family Residential Q • �-ri Special use Groups/ None Stakeholders: Restrictions or None Conditions: R Notes: �� PIDs Acres How and When Ac i uired Dedicated ROW 0.28 Dedicated right-of-way in the plat of`Crystal Bay View' (1891) Park Name: Summit Park Beach "'' Classification: Lake Access/Beach _ Location: 455 East Long Lake Road } Size in acres : 4.56 -,, , ., �; Description: Park is somewhat secluded off of East Long Lake Road, park , consists of a small beach area with a dock, a wooded picnic a J--a_'' area, a canoe launch and a wetland area toward the north side -• of the .arcel. . Facilities: Gravel parking lot(10 to 15 vehicles) Picnic tables - 2 Canoe storage rack v , : ..': Seasonal chemical toilets Park identification sit , Adjacent Land Use: Single-Family Residential .,„: 4 Special use Groups/ None , Stakeholders: Restrictions or None t ,L.... Conditions: r ' t -'.-ikir.',N,: Notes: City Beach property on Long Lake was donated to the city by Bruce Dayton. This park is close to the Wood Rill Scientific and Natural Area which was donated to the Department of Natural Resources by Bruce and Ruth Dayton. Motorized boat access to the park is not allowed. Park Name: Susan B Lurton Park - "-:.,a . Classification: Special Use Location: 3589 Wayzata Blvd , { Size in acres : 39 Description: Off Leash Dog Park . .f .: Facilities: Parking . , ,.L Trails nay k4 Toilet 'i ''�`�` Well ,. ,,,.*---• ',` Picnic Tables � ` " ` Y' i' R R K Information4 A Si • Benches . ;# ,.- •:.. � " Adjacent Land Use: Single Family Residential = =_ Special use Groups/ Lurton Family Stakeholders: N 1,-...,t- ...:1%,.' .` ' Restrictions or Restrictive covenants were established that ' Conditions: limit improvements. Hunting and ballfields are specifically prohibited on the property. ,:,.. 4 Notes: "Lurton Park Property" is the former C. W. Gordon farmstead located on the southwestern shore of Lake Classen and originally established in the nineteenth century. The 39-acre property was donated to the City by William and Susan Lurton in 2000 for use as a passive,natural environmental park. Thepark was transformed into and off leach dog park in 2017. Park Maintenance is provided through a special Lurton Park Fund and through user fees. PIDs Acres How and When Ac•uired 32-118-23 12 0001 30.45 Donation in 2000 by Bill and Sue Lurton Park Name: Big Island Nature Park Classification: Community Park - Location: Big Island,Lake Minnetonka : MartEMII 56 1. Description: .• -... 1., ""'''. , AirAt Facilities: Docks Beach Small Buildin: Trails N. Adjacent Land Use: Season Recreational Cabins Special use Groups/ Minnehaha Creek Watershed District4:7-..j.''',.' -'1 " 7 Stakeholders: , Restrictions or A majority of the site is in a Conservation Conditions: Easement. The park is managed under the Big Island { ' E Management plan, 2011. '° The park has it own section in the city Code Article IV, Sections 22-111 thru 116 Notes: The Park is intended to serve a dual role in preservation of a unique natural setting while offering the public a variety of passive recreational opportunities.The land on which the Park lies has a rich history of recreational use that today's casual passerby might never have imagined.It was home to an amusement park in the early 1900s operated by the Twin City Rapid Transit Company This regional attraction lasted only 6 seasons before it closed and was eventually dismantled.Remnants of the grandeur of the Big Island Amusement Park can still be found on the site,including the grand entry portal stairway and old foundation remnants hidden among the Island's wooded glens. In 1923 the property became the Big Island Veterans Camp,offering camping and other recreational opportunities to Minnesota's war veterans. Use of the camp by veterans and their families continued until 2003,when the Vets Camp Board of Governors voted to dispose of the property and use the proceeds for other veterans needs throughout Minnesota. The City of Orono stepped up and in partnership with the Minnehaha Creek Watershed District obtained a grant from the State of Minnesota to purchase the .role for .ark .0 loses. PIDs Acres How and When Acquired 23-117-23 21 0001 46.12 City purchase in 2006 with$2M State/$3M City/$850K MCWD 23-117-23 22 0001 4.67 14-117-23 34 0001 5.66 Name: Lake Access Point 2 w„ 1-, , h. Classification: Lake Access ho'�o 4 ,7960 N. LS 2 ) '' Location: Spates Avenue at Shoreline e Facilities: Gravel access laneby Spcb ,4TF`I-41/k. ` 6,91N. Adjacent Land Use: Comercial and Residential \ e , Special use Groups/ Marina at 1955 Shoreline Stakeholders: 5 Restrictions or Winter Access Only Conditions: Notes: Ioon I z, �m Name: Lake Access Point 4 w Classification: Lake Access eA��URp µ 'x G� ' $� a: p� , Location: North Shore Drive at Baldur Park po Y Road between 3498/3510 ,f5,0 �'.9 CP Facilities: 30 ft wide graveled lane .s 70 Adjacent Land Use: Residential ..00 D • Special use Groups/ None . .,aucm`OR "' '.1„.. Stakeholders: NO r ' Restrictions or Winter access Only �' ''°" Conditions: { °.. , Notes: 7. _, Name: Lake Access Point 6 Classification: Lake Access Location: Crystal Bay Road Facilities: 66' wide platted road extending to lakeshore. City � also owns 4 adjacent tiny lakeshore parcels to the BAVIZ( east for an additional 200'of shoreline Adjacent Land Use: Residential w Special use Groups/ Local property owners Stakeholders: co Restrictions or A number of inland private parcels claim deededcy h Conditions: access rights for"boating and bathing" Notes: t, to cv M M t00,. x 73m.. ys Name: Lake Access Point 9(Gibbs Landing) Classification: Lake Access Location: Adjacent to/west of 3125 Fox Street. Facilities: Trail to Lake Adjacent Land Use: Residential Special use Groups/ Owner of 3125 Fox Street Stakeholders: Restrictions or Pedestrian access year-round,vehicles winter only Conditions: Notes: Tax records show access as Out lot A, owned by owner of 3125,City has easement over Out lot, Name: Lake Access Point 10 s ,y; Classification: Lake Access 340 3464 Location: East Lake Street between 3424 and 3465 3444 3390- Facilities: 30' latted roadway Y 3424.:.: LS-3 Adjacent Land Use: Residential Special use Groups/ None 3415 $ 0 3463 Stakeholders: Restrictions or Winter access Only Conditions: Notes: 4,05 NV I. I T Name: Lake Access 11 B Classification: Lake Access 3640 .Co Location: Bayside Road at Stubbs Bay Road m Facilities: Fishing Dock cn LS-4 Adjacent Land Use: Residential BAYSIDEOD Special use Groups/ None ``'~-- °O• Stakeholders: I. `' o� Restrictions or Summer Fishing Dock ` �: _... . 4� Conditions: Winter Snowmobile Acess 1,9 Notes: e Name: Lake Access 14 Classification: Lake Access 319 LS-5 za Location: South end of West Lake Street i . '‘..- Facilities: None 365 Adjacent Land Use: Residential = 389 � Special use Groups/ None ,' Stakeholders: ,y Restrictions or Walking Access Only :., �k-d Conditions: Notes: Drainage way for Est Lake Street. Name: Lake Access 15 OA Classification: Lake Access , Location: Park Lane between 607 and 649 605 Q. Facilities: Fishing Dock r Fn9 Adjacent Land Use: Residential 63 Special use Groups/ None Stakeholders: Restrictions or MI Conditions: LS 28 ' Notes: 60'wide platted road,paved to shoreline-usable . , for boat launch but there is no parking available Name: Lake Access 22 Classification: Lake access , 1082 (i. Location: Loma Linda Avenue beween 1098 and 1 130 1119 1090 • Facilities: Fishing Dock 1096 g "` Adjacent Land Use: Residential LINDA 'tr Special use Groups/ None Stakeholders: 1130 Restrictions or Conditions: Notes: 40'wide platted road; also useful for vehicular access Name: Lake Access 34 " 1761 Classification: Lake access iii Location: Corral Road between 1785 and 1825 Concordia 178, , Street Facilities: None Adjacent Land Use: Residential '� " ,8.'5 O4 . 44 Special use Groups/ None Stakeholders: Restrictions or Walking access only Conditions: Notes: Mainly used as a drainage way. Name: Lake access#38/Ivy Lane Classification: Lake Access ,‘6 3� Location: Ivy Place between 3486 and 3508 ``, ' Facilities: 60' wide platted road right-of-way extending to shoreline east of I Place k'' Adjacent Land Use: Residential Special use Groups/ None —. Stakeholders: Restrictions or Pedestrian Access Conditions: Notes: Steep,used for drainage Name: Lake Access 39/Spring Street 2600 Classification: Lake access Location: Between2600/2618 Casco Pt Rd. from Casco Point Road to shoreline along south side of slat of"KasterCove" Facilities: 40'wide platted road right-of-way Adjacent Land Use: Residential Special use Groups/ Used by 2618 Casco Point road to access lakeshore Stakeholders: sortion of srosert . Restrictions or Walking Access only Conditions: Notes: Name: Lake Access#40 Classification: Lake Acess 2455 Location: Between 2470 Carman/3555 Frederick. Facilities: 30' wide platted road right-of-way extending to 2429 shoreline, fishin_dock FREDERICK Adjacent Land Use: Residential Special use Groups/ Stakeholders: Restrictions or Conditions: Notes: 1 Appendix 4E-B Mini-park Specialized facilities that serve a concentrated or Less than 1/4 mile radius <1 acre May be publicly orprivately mvned and/or limited population or specific group such as tots or incorporated into a development site,such senior citizens. as apartment, Neighborhood park/playground Area for intense recreational activities such as field '/e to Cr mile radius to serve a <25 acres Physical geography suited for intense games,court games,crafts,apparatus area,skating,popsdation of 4,000—5,000 development.Proximity to elementary and neighborhood centers. (one neighborhood) schools or residential neighborhoods. Community playfield Area for intense recrealioeal(acuities such as 3-5 neighborhoods or one 25-50 acres Physical geography suited for intense athletic fields and swimming pools;could include a community development.Proximity to secondary neighborhood use. schools and other public facilities. Community park Area of natwal or omamenlal quality for outdoor 3-5 neighborhoods or one 25-100 acres Proximity to community facilities and recreation such az walking,viewing,sitting, community resources. picnicking;could have some field and court games. Conservancy lands Area of natural quality such az watercourses and Munfcipaliry,township,county Variable,based on extent of Natural resources that merit preservation wetlands that are preserved for environmental or or state resources. and that would be negatively affected by aesthetic benefits to the community and/or because developmem. of the negative environmental or economic effects d development in them. Local linear parks,Imil,corridors and Area developed for one or mom varying modes of A neighborhood or several Contained within one city or On-or off-mad trails that mac or may rail parkways recreational travel such as hiking,biking, neighborhoods in a city or township.Width and length traverse scenic areas while assuring the trot( snowmobiling,horseback riding,crasscountry township minimums vary by locality. treadway has no adverse effect on the skiing,canoeing and driving. natural resource base. Lake access' These areas provide access to lakes for activities 3-5 neighborhoods or one <l Acre Developed or undeveloped public right of such az swimming,boating,fishing,snowmobiling,commuW R way. walking skiing,snowshoeing and winter vehicular lake access. County linear parks,trail,corridors and Area developed for one or more varying modes of Several cities and/or townships Traverses one or more On-or off-mad lands that may or may not parkways recreational travel such as hiking,biking, in a county municipalities.Width and traverse scenic areas while assuring the hai� snowmobiling,horseback riding,crosscountty length minimums vary by treadway has no adverse effect on the sung,canoeing and driving. county. natural resource base. Special recreation feature Area that preserves,maintaim and provides Community Specific standard applicable to Appropriate to particular special recreation specialized or single purpose activities desired feature. feature.Sited where most advantageous for the special recreation feahue and the overnl park system. Regional Facilities County park Area of natural or omameelal quality for outdoor County 25-I00 acres Affords natural features with varied recreation such as walking,viewing,sitting, physical geographic interest.Proximity to picnicking;could have some field and court games. community facilities and resources and/or where resource occurs. Regional park Area of natural or ornamental quality for nature- 3-5 communities 2(10-500 acres Complete natural setting comiguous to ware oriented outdoor recreation such as picnicking, bodies or watercourses where possible. boating,fishing,swimming,camping and trail uses Where natural resource occurs-paniculariy water. Regional park reserve Area of natural quality for natureoriented outdoor County,multicounty area 1000+acres Diversity of unique resources,such as recreation such az viewing and studying nature, topography,lakes,streams,marshes,flora, wildlife habitat,comervation,swimming, fauna.W here natural resource occurs. picnicking,hiking,boating,camping and hail uses Regional destination&linking trails Area developed for one or more varying modes of The entire metropolitan region Sufficient corridor width and When feasible,off-mad trails that utilize non-motorized recreational travel such as hiking, length to accommodate trail. human made and/or natural linear resources biking,horseback riding,cross-country skiing,and such as utility corridors,railroad and canoeing. highway rights of way,stream/rover valleys,or at the edges of forest or prairie. On-mad trails are acceptable when off-mad trails are not feasible.Prefembls adjacent to high-quality natural areas.The trail treadway should be placed where it las no adverse impact on the natural resource base W hen feasble,linking trails should attempt to connect to population,economic and social centers along its mute. 'from Met council Parks Definitions 2City of Orono Definition Appendix 4E-C Lake Access List city of Orono Lake Minnetonka Access Points - Designated Use and Current Status ID Access Name Plat Section Between Designated Use UPDATED 4/2/01;UPDATED 5/21/08;UPDATED 1/26/18 # or Street Name Address#s Notes Brown's Bay(Lower Lake) 1 End of Orono Lane 2-S 1355/1385 No public access Not open for public use;plat map indicates questionable abutment of shoreline la Shoreline Drive-"Molly's Comer" 2-S Across from 1410 Shore Fishing Hennepin County provides an informal parking area and trashcans at this wide spot along Shoreline (Outlot A,Dragonfly Hill) Shoreline Drive;popular fishing spot;winter vehicular access feasible Smith Bay(Lower Lake) 2 Shoreline Drive at Spates 10-S Adj to 1955 Winter Only Gated in summer;winter vehicular access allowed. As of 2016 privately owned with city easment for lake acess and sanitary back up generator. 3 North Shore Drive at Shoreline Drive 10-S No public access Tracts S&U,RLS 192;these tracts are on the steep slope adjacent to Shoreline Drive;due to slope and safety issues this access point is not open for public use Crystal Bay 4 North Shore Drive at Baldur Park 8-S 3498/3510 Winter Only 30'wide platted road right-of-way Road 5 Shadywood Road at Sunset Dr 17-N 1998/2000 drainage way 15.2'wide platted alley-closely abutting homes on either side 6 Crystal Bay Road(West end) 17-S Adj to 2264 Pedestrian 66'wide platted road extending to lakeshore;City also owns 4 adjacent tiny lakeshore parcels to the Shadywood Access/Bathing east for an additional 200'of shoreline,over which a number of inland private parcels claim deeded access rights for"boating and bathing". 7 Crystal Bay Road(Relocated 17-S 3405/3415 Pedestrian 20'relocated alley from Railroad property to shoreline;potential lake access from railway corridor. extension of Bayview Place in plat of Access The only known documentation is Doc.#507616 deed filed Nov.10,1908 from Wallace et al to "Wallace's Addition...") Priebe which states that the 20'strip is"heretofore taken for street purposes"and notes that the platted alley between Lots 18 and 19 was vacated by the District Court 8 Crystal Bay Road(Platted extension 1 7-S 3339/3345 Utilities 25'wide platted roadway;contains municipal sewer lines,potential access from neighborhood and of Hillside Place) Railroad/Trail corridor to lakeshore Maxwell Bay 9 Gibbs Landing-Fox St. 4-S Adj to 3125 Pedestrian year- Tax records show access as Outlot A,owned by owner of 3125,City has easement over Outlot,City round,vehicles maintains access winter only Stubbs Bay 10 Eastlake Street 5-N 3424/3465 Winter Only 30'platted road gated March 1-Dec. 1 II Bayside Rd.at Stubbs Bay Rd. 5-N 3580/3640 Fishing Dock 33'platted road ("Oak Street"in plat of"Bay View Park")Also used for winter access by snowmobiles off Luce Line 12 Bayside Rd 5-N Across from 3640,No public access Two 60'platted roads and one 65'platted road to the Lake(Park,Spring,and Maple Streets in plat of 3700,3750 Bay View Park;and Theresa St.in plat of Ottoville on Lake Minnetonka).These potential access Bayside ,points are not opened for public use. 13 Bayside Rd. 5-N West side of 3775 No public access 30'realigned platted road(Realigned"Lake Street"in the plat of Ottoville on Lake Minnetonka)(See Bayside _street file 3775 Bayside).Not opened for public use. 14 Westlake Street 5-N 372/389 Pedestrian 30'platted road right-of-way extending to lakeshore;walking access only. Access qp } aMAW " �sfi Plat Section :r r een Designated Use UPDATED 4/2/01;UPDATED 5/21/08;UPDATED 1/26/18 North Arm Bay 15 Park Lane 6-S 607/649 Fishing Dock 60'wide platted road,paved to shoreline-usable for boat launch but there is no parking available 16 Oak Street 6-S Adj to 4119 drainage way 30'wide platted road,not developed,steep slopes and ravine limit use 17 Baldur Park Road 8-S Across from Winter Access NW end of platted developed road as it extends to shoreline 1384/1392 18 Oak Place(Platted road in plat of 8-S 3768/3818 North No public access 40'wide platted undeveloped road extending from North Shore Drive across platted Cherry Ave to "Crystal Bay View"1 Shore Dr shoreline;mostly wetland or under water,Encroached by shared drivewa) 19 Sandy Beach(Extension of Maple 8-S 3898/3908 Cherry Swimming 60'wide platted roadway used for City beach Place) Ave Beach 20 Grant Street 8-S 1310 Spruce/1330 Drainage way 50'wide platted road,undeveloped Cherry P1 21 Spruce Place 8-S 1250/1260 No public access 40'wide(remaining after partial vacation)platted roadway,undeveloped,Encroached 22 Loma Linda Avenue 8-N 1098/1130 Fishing Dock 40'wide platted road;also useful for vehicular access Forest Lake 23 Forest Lake Landing 7-N 4415/4440 Pedestrian 60'wide platted road right-of-way,access not developed,walking use only. Encroachments present Access 24 Elmwood Avenue 7-N South of 1199 drainage way 20'wide platted road/alley undeveloped right-of-way leading to shoreline 25 "Summit Avenue"(Extension of 7-S 1067/1101 drainage way 50'wide platted road undeveloped right-of-way to shoreline,drainage way Elmwood Avenue) _ utilities 26 "Buff Street" 7-S West side of 1453 drainage way 50'wide platted road right-of-way to shoreline,not developed,drainage way Park Dr West Arm Bay 27 North Shore Drive west end 7-S "4795"Shoreline 33'platted right-of-way corridor extension of Co.Rd. 19 plus tax-forfeited Lot 10,Block 6, (adjacent to Orono/M'trista border) "Bergquist and Wicklund's Park...";undeveloped corridor primarily for drainage purposes due to drainage way -i -en slopes 28 North Shore Drive at"Adams Street" 7-S 4731/4745 40'platted road right-of-way extension in plat of"Bergquist and Wicklund's Park..."undeveloped, Extension drainage way very steep,used for drainage 29 Rest Point Lane 7-S 1340/1345 Pedestrian 33'platted right-of-way corridor,pavement does not extend to lake Access 30 Rest Point Road 7-S 1405/1410 Pedestrian 16'platted road right-of-way widens to about 40'at shoreline,paved but no boat launching available Access I Orchard Beach Place 7-S West of 1530 Pedestrian 50'platted road right-of-way extends to shoreline;tree growth and topography limits vehicular acces Access 32 Highwood Lane Extension 7-S 4156/4167 20'platted alley right-of-way to shoreline;steep slope to shoreline,undeveloped Highwood Rd drainage way 33 Highwood Road Alley 7-S 4051/4075 drainage way 20'platted alley right-of-way to shoreline,not developed 34 Corral Road Extension 17-N 1785/1825 drainage way 20'platted alley mainly for drainage but also walking access Concordia pedestrian access 35 Fagemess Point Accretions 18-N Across from No public access Accretions to the 40'originally platted road in the plat of"Fagemess";title registrations by most 1965/1985 abutting owners have resulted in dedicated right-of-way no longer abutting shoreline;it appears that Fagerness Pt Rd there_is no public access remaining ID Access Name Plat Section Between Designated Use UPDATED 4/2/01;UPDATED 5/21/08;UPDATED 1/26/18 # or Street Name Address#s Notes Spring Park Bay 36 Casco Point Beach 20-S 2871/2879 Casco Swimming 60'wide platted road("Carman St")used as a City swimming beach Pt Rd Beach 37 Casco Circle 20-S 3195/3205 60'wide platted road right-of-way to shoreline at the south side of Casco Circle-undeveloped drainage way Carmans Bay 38 "Ivy Lane"(Ivy Place) 20-S 3486/3508 60'wide platted road right-of-way extending to shoreline east of Ivy Place-steep,used for drainage drainage way 39 "Spring Street" 20-S 2600/2618Casco Pedestrian 40'wide platted road right-of-way from Casco Point Road to shoreline along south side of plat of Point Rd Access "Kaster Cove"-undeveloped,walking access onh 40 Carman Street 20-S 2490 Carman/ 3555 30'wide platted road right-of-way extending to shoreline,fishing dock Frederick Fishing dock 41 Lydiard Beach 20-S End of Lydiard Rd Swimming 66'wide platted road right-of-way extending to shoreline,used as a City swimming beach Beach Big Island A N.End of"Lawn Avenue" 23-N 110 33'wide platted roadway adjacent to Lot 46,Morse Island Park B E.end of"Tooisit Avenue" 23-N 110/120 33'wide platted roadway adjacent to Lot 45,Morse Island Park-slope makes use difficult C Unnamed Street 23-N 120/140 90'wide platted roadway between Lots 38 and 39,Morse Island Park-City has established drivable gravel road for emergency&service vehicle acces D "Bay Place" 23-N 210/260 50'+/-wide platted roadway between Lots 21 and 54,Morse Island Park E "Meadow Lane East Extended" 23-S 280/290 20'wide platted roadway between Lots 59 and 60,Morse Island Park-steep slope makes use difficul F "Meta-Comet Avenue South" 23-S 340 33'wide platted roadway between Lot F Morse Island Park and Lot 3,Morse Island Park 2'Addition G "Massasoit Avenue West End" 23-S 440/450 33'wide platted roadway between Lot 1,Morse Island Park and Lot 1,Scrivers subdivision of Lot E, Morse Island Park-steep slope H "Meadow Lane Alley" 23-S 450/460 16'platted alley between Lots 5 and 6,Morse Island Park-drivable for emergency and service vehicles I "Pleasant View Street" 22-S 570/600 30'platted roadway between Lot 9,Pleasant View Lake Minnetonka and Lot 3,Island Pointe LA19-000106 January 21,2020 Page 3 of 4 b. There are circumstances unique to the property not created by the landowner; ; The location of the structures on the property and configuration of the lot were not created by the property owner and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additions proposed within the average lakeshore setback will not alter the character of the neighborhood. Rather,the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing buildings on the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as the use for a residential home is an allowed conditional 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 home currently sits within the setback and the addition is not going to change the setback from the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The proposed addition will not change the current setbacks from the lake or property lines.The location of the existing home is unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The existing home can be re-built in kind,the proposed addition is necessary to permit the property owners continued enjoyment of their property.The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter.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. Public Comments To date, no public comments have been received. LA19-000106 January 21,2020 Page 4 of 4 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? Planning Staff Recommendation Planning Staff recommends approval of the average lakeshore setback variance for the covered porch and new roof line. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List and Map Letter View Land Use Application Summary (plication Date: 12/18/2019 Address: 1389 ORONO LA WAYZATA, MN 55391 Parcel Number: 0211723340005 Land Use Number: LA19-000106 Application Submitted By: Owner: Name: CM3 LIVING TRUST Address: 15407 MCGINTY RD W #28 WAYZATA, MN 55391 Name: Tom Lemmerman Applicant: Company: Lemmerman Construction Inc Address: 9037 county road 17 se Delano, MN 55328 lemconinc@frontier.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Wrap around porch and raised roof line over master bedroom Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application 0 Applicant Signature: Land Use Application Summary(9).pdfll/16/2020 2:20:54 PM] Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000106 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Wrap around porch to replace existing deck. Raised roof line over master bedroom. Both projects fall within hard cover allowances. Roof is within existing foot print of house and porch is for replacement of existing deck. Reason for variance request is that both projects fall within average setback line. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: n/a 3. The variance, if granted, will not alter the essential character of the locality. Response: n/a 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: n/a 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 1167.06, 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: n/a 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: n/a 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Practical Difficulties Documentation Form(12).pdf1l/16/2020 2:21:25 PM] Letter View Response: n/a 11. The granting of the proposed variance will not in any way impair health, safety, comfort, orals, or in any other respect be contrary to the intent of the Zoning Code. Response: n/a 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: Wrap around porch is to replace existing deck that is in need of replacement, which is also the main entrance to the house. Raising the roof line over 2nd story master bedroom is to replace lower level roof with some water issues. Neither project will hinder neighbors views. Practical Difficulties Documentation Form(12).pdf11/16/2020 2:21:25 PM] PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA19-000106 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:Wrap around porch to replace existing deck. Raised roof line over master bedroom. Both projects fall within hard cover allowances. Roof is within existing foot print of house and porch is for replacement of existing deck. Reason for variance request is that both projects fall within average setback line. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: 1-108)0W00R.4 PROPOSED (matt-T FALL‘ Wt'T4 1 NI AvER.fro6E Se-re.f �'.- 1-- WE- 3.The variance,if granted,will not alter the essential character of the locality. Response:II. ava AT A'l-t PROTECT I S FOIL i OSTORP r100 44J V t 00;01.4 co G tEX 1 S`i'1 v.st, STRV ccjR.E , VIM 1 0M piva— _it ppru.4 t n310 —T H f EE .M 6 #O( Areal 4.Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response:n/a 5.Practical difficulties include,but are not limited to,inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes,Section 1167.06,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:'I 0PROiSCG'C F'l ll is to,,l114114 �RoPSe-r Sere- ( V Rs__ 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: : : To LAIC toT p-Vela. ,— s'E7_lapx,x LI},5 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: n/a 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response:Or YES, f 0 UPPAils�� j1'1p1L97klulNb x 157//J x Ho,.1e'b 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:glEL Wo 12.The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty. Response:Wrap around porch is to replace existing deck that is in need of replacement,which is also the main entrance to the house. Raising the roof line over 2nd story master bedroom is to replace lower)roof with some water issues. Neither project will hinder neighbors views. OROAro ' 8 ep'*2418'• AE�-- IS m/i "54" Lem. �-- J -! t.Mp / AN \ .9179 ML CJ 4 1 'N \ B � 64124C164124C11 R u ,nf -Fr r� w 934... 942 • 99. CIO Pow/ t 0 L____ _ f A.* a I. =Aa4 R IP ) 5 lis \7 ----910�_ 2.11'✓ �2 ba I >; \ i r 744.9 3$‘49;-.---'" n CUUD`t PORCH .� 1 R 1 . ,; ` .� � 1111111111 t�\ VA I _ n y; . N A I a i \ �ry ore/ --- wee ` io 2.17 1 13 fed• .e.wee, \ 1...._____—o- _--- Wf IIA. f �.. �`'.- Ill WO fa. 5.15- _ 7474. % \`!316.x, 0 O y� 116,/g 94 S `t4 9 �� �`\\ 0. x' ..•ii t11 _. rAPS 74 74 nee sio \ =. Y 7474 7474 \ j no ` � 7474 ._ 7474.. $ ,.- r '''',..,,,73:411,4::" .....- -•-,•_-_,...1:477.46117.Z.11� - 7474 - Ai�-.._t' •.' /� -74-74`-� �=��•��_..... t•�w�1r-- d. 7474.. / ‘. ••''~��.i►•i��.-tea•• �� __--- ---z-_-___41..• S'94r47nes 9/14/9177 Voter 0w4 974723 9/24/201t LEGAL DESCRIPTION: LAKE ;11L'V.%4ETON K1 Lots 5&6, HOMES ON BROWN'S BAY 9• 4141.,44,9 n..47..e.t (BROWN'S BAY) O...r,ane nxixmml (MO 04#14174 .1.v. Proposed peAy.1korR 9117J Cans•surface Me9.op. I hem*,44747;'Mat Mb sums,plan or mod..o pop...,b.n fie A. DEMARS—CABRB3L 419144 AB depot supervision.7m Uot I NO.dy 1.741 19704 C PPfPMED F09: LAND SURVEYORS.INC, ..dc.'6.e a•..f 0.s sot.."....°X. 2317 M.755 St B �f C,. "*-P*9e Certificate of Survey Kathy Holschuh kanin9ton,MN 55431 763-559-0908 David E Gook 61J-751-6785 seer .u. _ ORONO --� i'-- 8 8r1.424E..e J„gNN ro 1---------� I+ ( c,,,.. I \ 1 cabs of se.nwat, 1_5,, aIDC \ .Jo 14 =TAO ,RJ \ 6.12401 , Yr A 934 kilt - 942 1 936 a i . ,m i il L____ __.._ __ ___ , ,A Fo t. Co a! I GhoulSorloco .4 •� .0 _, R/ o _ L 0. °Ys,''..2., PROpoSEO '__ PORCkI- - #iIda kw* -- Proposed 09ri Covered Porch 1 �, 1 ws IillI fl , .... _t Roust nl ' ;Proposed New i ' �,. Yr � 'K jRoofiine N e? 3 �-* `4 ,[ea ..y'd. x Y3 - '. .. Nu Orin. ,.1 ``a emsramat . '4, \J, 0 "41.9 1 ''Itf. Q 44.,. fGJ9 . a o __'�\ ;.• ��, eJ,a Z--9./ __ Y. \ % \ ti \ J = Y -.. \ 114 A ,ti�04.&���� ... .W Odor tsa.-11211.111 8/24/2011 LEGAL DESCRIPTION: LAKE MI .V 'ONhA Lots 5&6. HOMES ON BROWN'S BAY o Dora.ion onanument • p.a.fond ottonotiont (BROH WS BAY M,.07aidin .w.: ohm f'�opwwd poor.floor.93.27J -- Dene.mew.*Plop DE6tARS-GABRIEL 1 booby or*Owl fhb?Row,undo. *rot s . and mot i row a'@ a„0o+e kr,n. ore No PREPARED FOR ab Rogiolond bond 14704 c LAND SURVEYORS,mc. save,'undo.Ow boor of 6_store of wwa°e. 2"'9.9Y0SL 4- `'°` Certificate of Survey Kathy Holschuh Ol,amin9tm.IN 55431 �'°'° 763-559-0906 - Doew/E Crook 611-0.1-670.5 Seed General Scope Of Work:\` #1 Demo existing porch and buildAtilli& : new as shown on plans � � p Avn s1Nab i PtKN1e:612 532 8159 =! �.. #2 Build new deck to wrap Ernall:prohom,extedorCcyyahoD.eom around each side of porch and connect with existingporch eYBbluep/Inla.00m I w ---- - roofabove �. - .1 , :,_ decks Add ip i i - III I I „ ,fir. r ,. „2. ;. . GENERAL NOTES: ,I!'.�w ;�!�i��If�ll �� i � . ,•}r V ALL PLAINS AAET08E REVISED BYTHE t 6J - GENERALCOMRACTOR AND T}E J OFFICIAL PRIOR TO IIIMMII ���� I ,-w. ,�'.mom.. .,I k, MUNORM BIILDNG t ip' CONSTRESPONSIBLE STUDIO LUX BAA ISNOT . �.. If II �.ti'• o ✓ T-„" .? ,1 RESPONSIBLE FOR ANY PROBLEM ABA iil _ ro I�V REBUTOF ANERROR OMISBOH ON TNEBE PLANS. �i w..l� - - ^~ ;k• I.CONTRACTOR SHALL VERKY ALL DIMENSIONS APO STRUCTURAL III I SSS pM��y'`p Pros•Sed ••�+�* i � 1, r tz?�•w CCMPTO Oi�unrPRR RT TOE CODES. ..4; S.WRRTEN DMENBONB TAKE PRECEDENCE .. } 1:„...w. OVER DBpNB.y9.ALt EXIERK7R OPENINGS MIDOPENINOS s--•3D view 1 _.._—...._ IN °uIWjLESS raTEOOTHETO nwlx>TRIO �1 12".1'•0" ...--,�..._ --_--_ �_ d * a ,,�, 4.MM.WWDOW BILL HEKiHT SHALL BE e' S Buil ^ 'u C R OR HIGHER. 1 all. B,ALL OPENNOB LESS THAN t•®ALL GUARDRAILS e.GUARDRAIL REOURED ON OPEN SOEOF ANY STAR MORE THAN SD'ABOVE FLOOR T.PROVIDE SMOKE DETECTORS N EVERY BEDROOM AND THE CORRIDOR GIVING ACCESS TO THE BEDROOM,ON EACH FLOOR INCLUDINO THE BASEMENT,AND IN ANY ROOM THAT HASA CELNO HEIGHT MORE THAN 24*HIGNER THAN A CORRIDOR EMNG ACCESS TO THE BEDROOMS 8.NOTE ON ALL PLANS A.DEL.STUDS®ALL WINDOWS AND PATIO DOOR HORS,A PONT LOADS UNLESS NOTED OTHERWISE 9.PROVIDE SOLO BLOCKING,ALL SUPPORT BEMIS,MICROLAMS,8 ORDER TRUSSES TO SUPPORT BELOW No. OPPTOPOS I NI'. ! y I11 , i 11� a I \ ..... _ �..-'"` s __I. . d I. I, 1 (:j ..'YI ' Iii i ��lP� 1389 Orono Ln l; 71' r..• I , __....._ _ Wayzata$ .l.� t: Cover Page e� , �CJ' Buil! Pry«Inn4.r 1369 Pro•osed D.L. /0/10/2018 _ - Dr wnby AlexenderBochamikov Vlew 2 Checked y, a iDV w2 AO 1 n 3 Bar. 12".1'0 i s II R DECORATIVE WOOD BRACKETS `,�• ___ / PNA Studio r•Bln re„...,„----* Phone:6125328159 / ,, \ I - , R TACB Email:prohon eexlerinn yehoo.can NEW RARE — irk. 1 t I' \ i II IT t NEW SOF ITAND FABCN--c i,1 �jl!.Th,......„ 1 /ff'lI I11 11 ITl`l"\ — __ { T avaduapfIRts.com t , t 11I .I11 ~ I 1 ITI T 11 I� �ll 1111 II ti !�t (TI 1t11' � s a scf 1 11, 11 I1. t .1 L I , I B ,'I r l I1 r '1 �`=_ �r� I 1 i ] I r I t l._I. �� "L! �;: a. I.i L. T' GENERAL NOTES. CLOUDED AREA OF `_ — J Z a _, i r-..-ri .ttrr...�� /.t®1 . I T1s t ( r L, ,. , r.F I. I i .1 „ ,,„71"....i. ADDITION/REMODELNO---.� I r [ 1��i1 i 1 _l. ! i 1.. i 1 i l i / Trlt , L � 1 1111 i i I r TTrT IT 7 fi f � ti �1iI l� �;I1 1 1 1111§ ( i.� 1 t Lt 1( ,� 1{1,!11 _ITI-,!.'.I A r.-f. I iv I r l ...1.4i f T±Iir1i :I I: trI.` 11 i-i- 7-• I'V`i{I r '�_ p ��i l ,1 .114.,..1-r I T I a (I 1 I f t 1 f L1. 1.. ! i I i 1,' 1 1 l',-', 1 1 � 1 I I I i 1.1),,1 I _ I t 1...: i.l.. 1 1 t ( i 1 1 1 I.I '-4'�rr'y .J/ >w I I,. -4 i11 T= ( t f t — �'' _ LiHIJJILLTJF �� �I h [.1 ` Ii , jrr- T - l`i�i� � ,c rl_ 1 — (T[. ,r 01111 '1 ['t 111 11`11TI1 liC1' ilhi ] i II � ' �)�� �I'} ...I'ir 1 � ���_ �.. I sl -�11—i l � >� I;,r� ; ^! +1 ;u/-":-` —1.4�1,T rr_-i r a ri ! 7i- rrl u o t FaM-- ITT�l -. +�l irl;a -�i r-1 i r; ;N,. ,,*t0... 0...C."1 ,.—REMOVE DOOR � — _—_.— ... -F�:_T COVER OPENNO _ _._._ } __ T� _� ^— §Krol Vit— —._.-.. — tl C Mit — 11 I�IlC —� I,”i i1, fTT ®i mitts; 1389 Orono Ln 1----,---,7,,,,,y.,,,,,,,,,,,,-;,,,,.,‘,,,,f' ,in l t1 '1= r;�,_1 I '' li ti# t C - II: II liir,,,, ,,,.,,,,;:i.,.!--.,-.,:,,,..,,,....,,.,..,,,1 l 11. 31 . 1'} i t i i,l.,1,:),,}tt i�B• J N Iii Y. 'f I-�L�••i 1 I tl i t 2 7 t 21, I I i' l\ _ Iti,,i Ii``}}P3{f / Wayzata------ ' 1.1 ri`1 IJ -- 1.1,11 V'It Elevations---- -.::!,..,..,::,P,,,,,,,,,,, 1 ( t „,,,,,,5,-,,,,,,!,: ! i 1,,,,,,„,,,::,4,,,:,,,,,,,,.. t f i(0i1'•0• � il(. Q. Lolui,'',,,,:- t i II 1 V I I I M. L ` 1 11 fil1 ti �C �t }i3 I I I a me I / i l i L i 11 f 't t ���h�q..1:1Y1.;:',1 1 `I I”! t III 'I it I IiiInt .. ��i����i��l����l���I '1111111 I I /.(���� 1 ��. [�1 '' it�'Ii i 1'I 111'I1I111111 ilII Illll�l1) II �It 'tl r�' +kt PF I R maim- -I l I I I U rl i.,111101'; Dw 10/10/20131e98 —I I—III j L�1(( — N,Itiii ? I {"1 Alexander Bochemikov =11i—U—T—III II(-111—illl (1I�,WW: �, � � v _i�i_ii�.sii i - �1il=T—Ii1=1i1— = 1E.11-17-71 — — — Al fi 11 t=1 1=i=lTr—i i I-1;; 111= i�T-1)—:i 1 1—1 ��Let 1'41' .- �C_, Rb ea. na ir>moaed 1 1 s. AVA Studio Phone:912 532 8159 Email:prohomeelttorIo @yahoo com tO avablueprints.com ` GENERAL NOTES: ,i. /f . )(. al i ,__ ,,,... „ . .. I6 >r fti N'''• a r 3 TREAT D. --- I I 1 NF- I„T„,.‘7.:II(-1',.:I\-., (''-'-I ' -‘-'((;*>----'Thr--''''I (.--- Y Y nb I 't EXISTING BASEMENT Ld. .! FL'b o 45•,. .; 9 -- II I LA E EN "� TREATED 2XIO LEDGER SD. 1' 1 ,./" - W/LEDGER LOCK SCREWS i ' LODE 3t 2x10 TREATED 1_4 ',y • D 1 _ _ ”• • � �. � (J)•2X10 TREATED eel I I.,f t�7 A I 1 \ Ne owei�_.—_- oeM I I I ; glo I I I=""t Dew t te•XIrGONG BLOCKPEA ---EXISTNGIJ'XI LONG.POST FII,i --1 -_ ..._.. ,11 42•BELOW GROUND W/JrX 6,', TO SE REMOVED -- °o .-1rXtr CONC BLOCK PIER !( e IA H 1 1 0 NSTALL STOKE YPoEt NR O� L ` GI- 4Y BELOW GROUND W/Jr X y�I b b / AROL/NDCONC.COLUMN )y.l �;Ian 3 Jo•x Ir DOE/FOOTNG aj *mai L.! ( AROUND STONE YENTA FS if 1 121/ "� CONC.COLUMN - II, •`� --_ i • _ I I �/II —1_ 1a __ _ t"- " t =�-- ---3IME 1J)JXIOTREATE� ' _-.,.-_._. 4 t — 1 ( JPLY eiWPMIALLAM PlU9 PLMBEIM __ I 1389 Orono Ln J USPU4•Puw"*M --'` aPLY B1N•PARALLAM L.-__ I —7'X `",- I- —_ 13•� I II ..n.,---1--------4....•. I l.. PLUG PUA BEAU I I PLDB PLM B6AM ( l I /i 4TXJ0'X Ir D. 1 11(` _�.....��-,."�.-�...�.. � I I I I �� Wayzata _. II CAST N PLACE FOOTINGS %/// I .�C 0'/ ( -._- FOR NEW COLUMNS---------- " I -: ' Foundation Plan /r BLOCK COLUMN �� //• • Pl �_ - I I I ' CONC.SOLO CAST N PLACE FILL- I 1 `! STONE VENEER / i '!I.-'..-. �'�. •-W»_-�� • / `, I 1..--,_---)—....- - ........___,...,..-.w.u,_.__ 1111,� I } Papal number.._.-.._._.__— 1389 —...lik -Uk-1 i'-�._.••I�.,,,A`-N._ .-.,. ..1-.LL,-..L.-..)'`-n_t)'`-1 %_-,_.,/k--..,,,_l�-�.i~"�--1 /..,.„.__},...., )`-, i'.....�,_•1- D . tata20�8 Ir s IJ'•r — �'- - • aownh AlexerMeTBochamikov �-- .. / s•_r 1 r J'•r IS' r.e• to•7• -{i'•r a Saeement —( =-( I—, / ..e. •-- y--/ cn«*edby s•:.' 1/4".1'.0" )1 W. A2 ( r. suGD mm. 1/4'.t•-0. 7 5 • . . — — • / \ ,AbillifilAIL, — [ AVA Stud° Phone:812 532 8169 Email:prohomeexterlordeyahoo.com C- avablueprInts.00m SOLID BLOCKING Q BEARING POINT .---, " 1?' GENERAL NOTES: ..A. •o• 1 EXISTING MAIN LEVEL 1 I 7-71- i 1 ' I ...- I 1 ! , I .....1 ....:_-- -7 - - —- • I 1 1, ! I ,, ,. . , I i I !T# I ,'E tj N---0,,,,--- I, 4' „ ,... _ i. . 27•107 1 31714-314 BALING:1, i! •••• (-01•,.> t 1 I , I 0 1:. 4 i i I ,• ' R E ! NEW WINDOW 607' .,.-NEW 3 N.Y 11 2/1'LV1.14011.ABOVE won I I, . ' N'. ._°.11”21E?" _ 0.1. 10 •Nv 11111.1___ H ',r.p.--,t,--•••48""r .4.•=.•t.1=,-,,T.:--?...‘a . , _1-67,ii.ja . NI 0---0 mii RH I- 1,-1/.....a.-...t. _ l•-1E-1---F .\ •tiedi.i la ;....., it•zoo N011.- 1,2_-----__----CI -.---_— -- --- --im :1 ! 1 -- ---.---- _ --tif___—_____.. /3 tif___ .1... ___-:DECIC:---- ----- nr-----COVERED PORCH— .—to—L.: ,-,,-,-- OUT TO 111•210'CILL222 --LW/121r CEDAF1 TR 24 --11,6*,V- . .......... --DECK--- 1.? 44-- 1 -- b ' _______ lx 1 IT — --F.:12•0%1-- *4* 17•r -I ...I_____ el=f-iff. _fIt'-'51,7:1-7_,,-7:-7--7---4111 1---f-.2 r-— 14k -- -- V i 1389 Orono Ln -- - - 1•N (3).2210 DROPPED- -- , -- 14.1„.-71.--1--„--0,2xio otiget9o-,111141111.11t , „_, ,,,„, ',if ...........-1:- •z(1013111OPPED- .,.....„--,0 lximptamm...4.-„,„;ig. H b . i •11- - - I 1 ,,,.„.,,,,,,_...... ..„,„.,, \ 1 __-_---------1-1--....-4 1 Main Level )0,•r, 8werr0.is/avie7•37:: I ••o• r•r 17•Or 1'•rj.11-0' '''''--Ur•V-- 1'•ri V• --4.- te•r ir•r 1--v, /---/- _. /-/- ProN01 amber 1389 r•3. ET•117 10,•r I /— ---.— ).• _ / Deb 10/15,2018 ./ - „.0- Crown* Alexander Elochemlkoe ........-------, *wad „.............................„,.........„... S ^Main Level (1,1-,,- , „ --- 1/4 .1.0 me sce.• 1/4...1'.0” 5 - — -- ndostvestovoim - --7o- - iril i _ - 1 I 1 11 I i 5 X ... 1 , • , , 1&5 i 1 1 I I 0 c a > 7 E w i , 1, , , , c ti 1-- ' c'fla 0 .52:t:f al 2 _..i < <IS S CC Q ig I w .-1. Z LL1 ' 11 ° 1 111 I I 11 I I 02 :41 4)- 11 It I I I 0) a. 1 1 , 1 , co CO 1 1k 3 :il ii--71--- — , iiiAll m i ,hph 1 ! i i -r----ic ! I !Vi-r.-'I!!!,0/11rIiiiIiiirTII[A , - 7 1, -;1 1 ill lit]11.777:ijiAlliill.'::liql;'ile;:11,In'I:''•'.1-* lifilti i;i41111`ii, li;,1-,,,,.,-!,tioi)1,,,ft;li. {',1lAti'lli 11 1,11,. 4,1;61,',1111 ,411iii id 51 l',, ,1 1! ii I y,,ii-',,-,..ii- ,t Ali ,ilpi-Pil'1-,,ii:-_if:liill 111,1,,i;111-i-tr,t,:litieit i I 1 ,11-!,.11 -111;.. ,li -1,-iLLI: 111!!!!,.1-• 1'1 ' illi-11,;:l'..:'::Llin,'.. 'It-II-IliflI" !11'I i'.!.! !!" :,!. 'fi- ; II I!IIill I I IIIIrMI,' 1114 VIIIIrI'l wo9 t,aLSOC3 11111';i,111ilSs-111-::1,illi.li 1 11 1!Ill. ''''''O'Y'li --,14i la -';',...1:11110 1 SIA .EIZ1-11:-V'l-t2: I lid!tillti !'-'4i,.113:1 '''l Eg--2,4,gi:IT14%,,U1-1 1 Iliiiiiit;lkr ;7):41 ill '''if 110',11 Lit-if '---01 ..., w Iltritql'ILI'V'''' ' 'Ll' „ ,,,,,,iii, !I,.0,...,,,,.- w ':I'i ',111:1:11.11;',1',1•1::'':11!'-'''9:ro: :'''' ...1 11114' 1 CC hi 0_ w I,1,,3 ,ftliir 0. I' I:I I r a. A 0 Hf (i) ,;.,1,, '-' !I 11,, , -1!.f;1, La i;,,,I.i!. , -, fir „, i 5—< -1- il ,:.- -s, 11 , , 1, ; ..$,!- ,,,•- -0 Tftgl4iii,',';71!!1-14i .,,-L „ lt .-1111:ir il[! I III i i?-11i 1111 iiii-*1 , IF-1,1,1• ,,11-I, 1, i 11 , , IIICFP.11I Il I I II IIIIII1 I II.l'.'III !III;I IIII-I,It IIIII414-1.11'Ild-, I I.-i I Pitt.I I '1: II/ III! ll'IIII'I.!II 1111”II 1:II:IIIIIIII 1'0;71 14 ' '. ' 'I I'"i til-ITild Il fli III' '1'111°1 iitii 11 .IIIII'Ilil,': Iflillfri 1!1' 11;11 --1 -I4i -IIIIII,II:I l' 'IIII-01:, I'Li - - I I-.," I 1, ., io III-,I'!,' • '2.-l'I I •iIII.,1111-0i.it.t . II I lo'1 . rl f ,ii 1 ,: rill ,J '6.7. I. 111111 l'' ' -,111111,1,!A?'. ';-'•,,-i 01111::.! ,_:';;;:1;-J'• 1, =Ili]::11:1 A f,ii 1.111:111:41) 111-il'ia1. .,0,i ,q,ii,.,,,,,,..,--iti • ., Ti. illl'ril-ti:j1 1-• l'' ' I 6"--- ‘1' A? !jil,11.111 1!'':11 .0Ih 1., I I -lc, - i h1:14kil-!:-:1t ; 1:11[;,iclidildr114,1i --- . • AVA Studio Phone:612 532 5159 EmaII:prohomoexterbr@yahoo.com evaduepr(nb.com GENERAL NOTES: ALL PLANS ARE TO SE REVISED BY THE GENERAL CONTRACTOR AND THE MUNICIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCTON. AVE STUDIOLLC.IS NOT RESPONSIBLE FOR ANY PROBLEM ASA RESULT OF AN ERROR OMISSION ON THESE PIANS. —1 I,CONTRACTOR SHALL VERfY ALL DIMENSIONS AND STRUCTURAL COMPONENTSPROR TO CONSTRUCTION --_ TO MEET ALL APPLICABLE CODES, _ — S.WRITTEN DIMENSIONS TAKE PRECEDENCE -_-,47:— OVER SCALED DIMENSIONS L AU.EXTERIOR OPENINGS AND OPENINGS IN SEARING WALLS ARE TO HAVE A MECO HEADER.(UNLESS NOTED OTHERWISE) (4�,MK WINDOW SILL HECHT SHALL BE it p 0.ALL OPENINGS LESS THAN 4•®ALL .--ASPHALT SHINGLES GUARORALB II GUARDRAIL REQUIRED ONOPEN SIDE OF L_.. _ _ ---,�—� 151 ASPHALT FELT"-- — �— ANY CE a WATER BHELD(FIRST 7.FiIOViiI'SLIbNEtSEIECTOORSI()ETASRV Y.0'AND AS PER CODE) BEDROOM AND THE CORRIDOR GANG gTTreads nue NOTES. Ur PLYWD.EHTO.VI/GIPS ACCESS TO THE BEDROOM,ON EACH FLOOR eI C'W,d nue V emtmmun INCLUDING THE BASEMENT,AND IN ANY 011imum I7eMa ENG TRUSSES®N'O.C. ROOM THAT HAS A CELNG IEIFHT MORE maximum o17 314'h THAN EP HIGHER THAN ACORRIDDR GP/NO /32 Haadm emus. �,--FT)4X10 DROPPED MAN THE BEDROOMS 0EHandnSmtMtNlIl be ; % A DOL STUDS O ALL WNDOWSAND PATIO ano aenose•1trot 1'O' DM SUB FASCIA DOOR HORS,AFONTLOADS UNLESS end or narmi prat 23 SWR*post. �'•" CEDAR FASCIA TO NOTED OTHERWISE pepea Resew , ___ �. MATCHE%ISTI FI _ IL_ PROVIDE SOLA BLOCKNG®ALL 04 GMNee DIM4'_ SUPPORT BEAMS,M1CROtAMS,a }~`•••�. aTCH EXISTING TO 04 Goads roost beat Mast 3-4:477.:� — —' r�' ._— GIRDER TRUSSES TO SUPPORT eNnnmhSdWeamed v3AkhM Yam MATOH EXISTING-- __ BELOW nom 01 Nt and SS•Mph 0n opal-110m 0 Rodeo ate 30 STMOMOTRUSS HEE (4)•EXSPOST FRAMED Mom of 00,00/Miao, A, OUT TO ICDARIRIUMN SS HeMnil Selo 02000 M 1 K' WI IXIY CEDAR TRIM Ne, OeesrlpdoP,. _Doi Ila nen.tat?Sl,IMAE)*dt Mlor, Ce1IWLWS ....,,..---- mustm Nosing co 11/4', STONE VENEER �ioF redUe m adpe al rosYtp s Plan Nato mama MIS' ,-,i -AN -- -- 38'HIGH PALING —*nue Exaetcao._. —— — — 2%10 TRP LTED /' --- —-- _ APPROVEREDI r \ i LFDOER SCREWS // . \ t. — +, �C 3PLY 8 lir PARALWA /.-^.'`'•,,,..^'•." f. \�� 1 ba 1389 Orono Ln PLUS PBL BEAM -- —' . LATTICE SCREEN — f.. ._�. X X� Wayzata STONE VENEER '�•Y'—_ Detail Plan IY BLOCK COLUMN ., _ CONC.SCUD CAST N PLACE FILL.F- ---ii.4=LII _:141;��. I�:,�i—)I —LIII III- 84•XSO•X1Y0. =�rt11"�'11=111_'4.11.11,1-111"•„ =I I1—PfANCFI i--ITE I I� I I CAST N PLACE • FOOTINGS FOR NEW I I OIVIN (368 COLUMNS I I De 10/10/2018 Section 1 .—_ c1�rc�.OM Alexander BooharMkov 1/4'.1'•0" — n A5 q Sale 1/4".1'•0" fi