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HomeMy WebLinkAbout02-18-2020 Planning Commission Packet PUBLIC ATTENDANCE MEETING DATE d� ` Iq ❑ COUNCIL pi. PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. Please'c:mplete lie II winformat on fo�■1`Citirepos '�,�" Ar tes`4 , *ozp,o4v. ��r:,_:.,,. e �.,v... .w_i l,:xi,.,L ��... i=w,�.. .��,.:��`su it.....aowr,t Rxrt #Y✓!' mr, . i.:'n,ea._u.�-s e.� i+f�;- ., •'9�'t�-sa �y*t-�M�4-��� AiGET3"..sS y'i`,4t1Y*.�'�r. PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER tto,„;\J, oaar 6c.c:,1/41()Cc 2. 51477-- -4441L.- .210y(61ba,Ct'✓- /47 6, -(JUG 4 3. izs x)Oa) (" I z.z 4. � ►c� + 1�7 h►� , *-rw 1•:K C0(�S (izfc.) J/ l\ 1 . v - o oc00 o s- 1!71"1/4 5. -n 1 _,��.. % ► C.A .'1 — /,11,7i��� 6. ed., 7. )) a-1 0 w 1l 0ooc g' 8./i -4-GL 51 ( t Er tit f° LAZO 00000 S 9. eAScA Qfr� ` �`«e'11� ��oSSCo '� ,R°L , L(921)-p0©bp 10.4L—hr\o-t 6$n kt_ . ?c, -0000,2 11. /0 c ,4„,,6 Cic1Aoic) D 12. 13. 14. 15. V:1(LEGAL FORMS)1(FORMS)\PUBLIC ATTENDANCE.DOC �D.AT0 Agenda Planning Commission Meeting TUESDAY, February 18,2020, 6:00 P.M. �F o Orono Council Chambers, 2780 Kelley Parkway, Orono,MN 55356 l�kFsxor� 952-249-4600 /www.ci.orono.mn.us Audience Members: Please sign in for the public record if you wish to address the Planning Commission. The sign in sheet is in the lobby. Memos regarding each of the Agenda items are available in the Public Packet— located in the lobby near the sign in sheet. Applicants will be asked to move to the lectern to answer questions after staff presents the application. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda,they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Victoria Seals Pledge of Allegiance Approval of Agenda New Business 1. Approval of Minutes January 21, 2020 2. LA20-000001 Weber Architect & Planners, 2745 Kelley Parkway, Master Development Plan (Staff: Jeremy Barnhart) 3. LA20-000005 Gordon James Construction,2665 Casco Point Road,After-the-Fact Variances (Staff: Melanie Curtis) 4. LA20-000007 Revision LLC, 1030 Tonkawa Road, Conditional Use Permit (Staff: Melanie Curtis) 5. LA20-000008 Hans Frees, 505 Willow Drive South,Wetland Alteration Permit (Staff: Laura Oakden) 6. LA20-000003 John Newell, 1485 6th Avenue North, Sketch Plan (Staff: Laura Oakden) 7. LA19-000102 Kevin Clark, Sambatek, 135 Orono Orchard Road North, Sketch Plan (Staff: Jeremy Barnhart) 8. LA20-000009 Don Gamble, 2480 Carman Street, Sketch Plan (Staff: Jeremy Barnhart) 9. LA19-000091 City of Orono, Text Amendment related to Grading and Land Alterations, including slope failures (Staff: Jeremy Barnhart) 10. LA19-000103 City of Orono, Text Amendment related to licensing for Marinas and Joint Use Dock and Dock Permitting (Staff: Jeremy Barnhart) Adjourn Planning Commission Liaison to Monday, March 9, 2020 City Council meeting: Chris Bollis Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Bob Erickson, Matt Gettman, Dennis Libby,and Mark McCutcheon.Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden. Vice-Chair Erickson called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance. APPROVAL OF AGENDA The agenda was approved by consensus as presented. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 18, 2019 Libby moved,Gettman seconded,to approve the minutes of the Orono Planning Commission meeting of November 18,2019.VOTE:Ayes 4,Nays 0. 2. LA19-000098 JOE HAHS/EVERGREEN CONSTRUCTION,2385 SHADYWOOD ROAD, CONDITIONAL USE PERMIT, 6:31 P.M.- 6:38 P.M. Joe Hahs,Evergreen Construction, was present. Staff presented a summary of packet information. Gettman asked if the public comment received today was from True Value. Curtis stated it was. Mr.Joe Hahs,o/b/o Evergreen Construction, said he grew up in Minnesota,graduated from the University of St. Thomas in 2000, and started the business in 2003. He was available to answer any questions. Gettman asked if the applicant has heard any concerns from neighbors/neighboring businesses with respect to the change. Mr. Hahs said he spoke to who he believed was one of the owners of the gas station south of his property. There is a fence somewhat on both property lines. That person said, "If no one messes with the fence, I have no problem." He seemed like a nice guy and is excited to have someone back in the building. Vice-Chair Erickson opened the public hearing at 6:35 p.m. Mr.David Feerhusen,broker with Re/Max Advantage Plus,represents Stephen and Susan Schmidt,the current owners of the building. They wanted to bring to the Commissioners'attention that from 1960 to 1970 it was a real estate office known as Nelson Orr, in'77 it was Christy Realty Office, it was Glen Realty Office in'78,Windward Real Estate from '80 to'97, from 2002 to 2012 it was A La Cart Design, Page 1 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. and from'99 to'02 it was a gift shop. Other than that,the facility has been used as an office. He said the Schmidts were not able to appear because of an illness in their family. Vice-Chair Erickson closed the public hearing at 6:36 p.m. McCutcheon moved, Gettman seconded,to approve LA19-000098 Joe Hahs/Evergreen Construction,2385 Shadywood Road,Conditional Use Permit.VOTE: Ayes 3,Nays 0,Abstain 1 (Libby). Barnhart noted the item would go in front of the City Council in February. 3. LA19-000101 AL AZAD,200 BEDERWOOD DRIVE,VARIANCE,6:38 P.M.-7:17 P.M. Staff presented a summary of packet information. Gettman asked if there was any history of how the applicant ended up with the two irregular lots. Oakden said she is not sure how the lots were created. They have been in existence for some time, and over time he acquired both of them. Gettman asked whether the applicant purchased both lots at the same time. Oakden said she is not sure if he bought both lots at the same time or if he bought one and then the other. Gettman asked if Staff knew anything about the segregation of part of the lots to create this weird setup. Oakden indicated the lots have been existing as separate parcels for a long time. The applicant did not create the lots.He is trying to establish a driveway easement to serve the back lot.The back lot is two acres in size and conforming in area but the other lot is not. Erickson noted some of the lots of record were established many years ago, long before many ordinances came into effect. Vice-Chair Erickson opened the public hearing at 6:42 p.m. Jeff and Renee Mueller, 222 Bederwood,have lived there over 35 years.Mr. Mueller indicated the property was bought at one time. It used to be owned by Jerry Gustafson. When he sold it,the Azads lived in the existing house,then tore it down and built a new one.Mr.Mueller said it's always been two separate lots,and between his house and their house there used to be another 50-foot lot with a house that burned down. When Gustafson had the property,he got the sewer for his house and the existing lot. The other lot was too small to build on so it was added to that other lot. When the sewer came in, it went parallel to where the driveway is. His house and their house are both serviced on the back side because it's up on a hill.He asked who would be responsible for repairing the sewer line if a driveway is put in and through the construction the sewer line gets damaged or freezes. He does not want to find out a year later that his sewer line is broken and now there is a blacktop driveway there. Ms. Mueller said initially there was a driveway established through that property that was closer to the house and there was a culvert put in across the creek for access to the back lot.Now it looks like the Page 2 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. applicant is proposing to put a driveway in a different location. She said the survey that was submitted is dated 9-21-17. They have had a dispute with the applicant for 11 years over a property line. They ended up with four feet and the applicant ended up with two feet of the south six feet. The Muellers' lot is very small, and it makes a tremendous difference to them as far as what happens in this situation. McCutcheon asked if any trees would need to be cut down if the proposed driveway went in that location. Mr.Mueller indicated there are two rows of trees and one of them is going to have to go. They're on the applicant's property. Ms. Mueller referenced the map to indicate how close everything is and said that is the only reason for the property line dispute and shelling out thousands of dollars,was to try to maintain some portion of their property.Mr.Mueller said it would not make any difference to Kathleen on the other side of the road because her house is for sale. Libby asked if their primary concern is what might happen to the infrastructure of the sewer. Mr. Mueller said that it was. If a driveway were put in,it means they would be digging out the black dirt and everything else. He was in the construction business for years, and if you keep driving over a sewer line, either something is going to freeze or break, et cetera. Libby stated it was a reasonable question and that he was not questioning its validity. Mr. Mueller said Staff suggested getting an easement from the applicant but that would probably not happen. They have not talked except in court. Gettman asked the Muellers if they were aware of any other use of the lot the applicant is trying to gain access to. Mr.Mueller said Gustafson had a big garden there and it was always an empty lot. Ms.Mueller stated there was a big shed there which ended up being partly on their property that he had to remove after he sold it. Mr.Mueller said Jerry used the driveway and the shed which was on the Mueller property. It has always been a confusing property line. When the applicant bought the lot,Jerry said the creek was the property line and the driveway was the property line.But it wasn't, and then things didn't go very well. Mr.Mueller said when the sewer was put in,there was a red rock driveway going up through the property.They put a concrete culvert in,and the sewer stub for that back lot is right there.They let that grow over and some landscaping has been done, so there is no driveway there anymore and now they want to establish a new one. The feeling the Muellers get is, "We'll get you one more time." He is concerned about the sewer line. Libby said the question about who is responsible is more of an engineering question. It is difficult for the Planning Commission to address because there is private property and a public utility. He suggested the Director may be better to comment than the Commissioners. Mr.Mueller stated his main concern is, if somebody builds a house back there and things get ruined and now there's a blacktop driveway, it should not be up to him to fix that. Libby asked Staff what size the line was there. Page 3 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Oakden said she is not sure of the size of the line but thought Mr.Mueller was referring to the service line that is connected to the main line. Mr.Mueller stated he was referring to the service line and thought it was a four-inch line. Libby noted he was referring to the one just serving the Mueller property. Mr.Mueller agreed and said the applicant's house is serviced through the back also. Libby stated it was municipal sewer and asked if it was a pressurized line or a gravity line. Oakden and Barnhart believed it was a gravity line. Mr. Mueller said he thought it was a gravity line and they lined the main part of it this summer. He indicated the City still has to have access to the manhole. Erickson asked if it was the hookup the Muellers were concerned about. Mr. Mueller indicated it was. He said the sewer goes through the middle of the applicant's property, and his line goes to his property and then goes across. It was a different owner before and nothing was said because the other driveway was there and nobody was planning on doing anything back there at that time. Barnhart stated he thought it was a valid concern from the neighbor in terms of impact to the service line and Staff could provide additional information for the Council moving forward. His understanding is the service line goes through another person's property,connects to the sanitary sewer,and is not protected by an easement. The property owners would need to work together to protect the sewer line. He noted the question in front of the Commission is,is it appropriate to grant a variance from the lot size requirements to allow for an access easement to the back. Whether the Commission denies or approves it,there still can be hardcover over the portion of the property that the neighbors are concerned about. Erickson asked if there was anything the City could offer when the driveway is constructed and inspected as far as amount of gravel or insulation,et cetera. Barnhart said it is worth noting the neighbors have a concern about their service line. The City Engineer indicated the service line is a normal depth; it's eight-ten feet deep. Staff can share the concerns with the City Council and the applicant and incorporate those as part of a resolution of approval if that is the direction of the Council. It is a private improvement and an agreement from an easement standpoint between two private properties which the City doesn't normally involve itself in. The City provided the sewer line through the area so the City will likely help as much as it can, but it is not really a City issue. McCutcheon stated the core issue is the two-acre minimum and the lot is getting smaller than two acres with the change. Oakden indicated the lot is currently smaller and the applicant is asking for it to be a little smaller per the City definition and zoning code. The actual lot size won't change,they're not asking to move property lines,but the driveway easement cannot be counted as part of the lot area per the City's definition. Page 4 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Ms. Mueller said she thought the applicant consolidated the lots into one lot some time ago. Oakden said that they are two existing lots of record. Ms. Mueller asked if it is normal for the City to put a sewer line on somebody else's property so that they have this issue. Barnhart and Oakden answered that it is not normal. Ms. Mueller asked why it happened. Mr.Mueller stated the original owner of the property is deceased and there is no way to get an agreement. Ms. Mueller asked if anybody wanted to buy their house. Barnhart said he does not mean to give the message that the City will leave the property owners high and dry. There is an issue that the City wants and needs to resolve both in terms of the service line that goes through the property and the service line that connects the sanitary sewer to the commenter's property. He thinks the City wants to help address that issue. The applicant wants to address that issue in terms of access to the back lot.The commenters want to address the issue in terms of protecting their interests.He thinks all three parties need to work together because all three properties want something out of this arrangement and all three properties ultimately benefit. Mr. Mueller asked what he would do if Mr.Azad will not give him an easement. Barnhart said the City will continue to work with him. Ms. Mueller indicated that is what they did for 11 years for four feet of property. Barnhart said that is the posture the City will take. Ms. Mueller commented that Barnhart is lucky he does not live next door to him. Vice-Chair Erickson closed the public hearing at 6:57 p.m. McCutcheon said the Commission almost has to wait until the Ordinance allows for smaller lots. It is proposed in the next 20 years that this will happen but it is not there yet, and maybe the Commission should not be in a hurry and the decision should be made years from now. Presently the minimum lot size is two acres,and he thinks the Commission would need pretty good reasons why they would want to have a lot get smaller than two acres. He understands it was under two acres to begin with,but it would make the lot smaller than it is in a neighborhood which normally has two-acre lots. Gettman stated the request as written does not seem to be worthy of approval for numerous reasons,but it comes down to how to get the three groups together so this can be resolved. The permit request is not consistent with the neighborhood.The outlot was clearly not ever a property,and the applicant is trying to set it up to do something else. If the variance is not approved, he is still able to use the outlot but not able to potentially expand. If nothing else, look at what the neighbors have dealt with over the years. On that grounds alone he would have trouble approving this.The Commission has to send this to the Council and Page 5 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. it would be a disapproval but with the recommendation that it not do anything other than allow the City to discuss with both parties how to work the situation out. Erickson clarified that Gettman suggested approval. Gettman indicated he said disapproval and that either way it will go to the Council.The only way it would not go to Council is if the Commission tabled it. Barnhart and Oakden confirmed Gettman's statement. Oakden said she does not believe this is an outlot but that it is a lot of record and so it could be built on, according to Code. Gettman apologized for using that reference and stated there does not appear to be any other access. Oakden agreed and said the applicant is making the request because there is no access. Gettman stated that is why it is appropriate to call it an outlot. For practical purposes it makes sense as far as what the applicant is trying to do,but it does not make any sense to do it over the utility because it is affecting the neighbor and the applicant can still access the other lot from his current lot. Barnhart noted the back lot is an existing lot of record.By not permitting access through a protected easement it could be seen as a regulatory taking, so Staff is trying to correct that.He referenced Gettman's use of the word "practical" and said that is important.That is why Staff is supporting the variance. The property owner has a right to improve the property,and if they can demonstrate to the Planning Commission and City Council's satisfaction that there is a practical difficulty for 200 Bederwood to provide access,that is how the City corrects it. Barnhart said the Commission is welcome to recommend denial because of X, Y,and Z reasons,which he has not heard. The issue with the sanitary sewer easement is an important part of it but is not the only reason.He referenced comments about the easement as shown may impact the existing trees in that area. Trees aren't a practical difficulty. One could make the comment that the easement be shifted to cover the existing sanitary sewer line which kind of addresses two issues:the commenter, and the sewer service line.He stated the property owner did not create the lot configuration. He inherited the problem,and he is trying to correct it in the same manner that a property owner on a lake that is too small that wants to rebuild or build a structure. Gettman said if 3568 purchased the other vacant lot,they would not have access to it.The 200 has direct access to that lot.He is not sure he follows the taking because at this point the 200 has access to the lot, they just don't have access to that lot from a street. Mr. Mueller said when the sewer was put in there,there was a driveway and a concrete culvert going to that lot which the applicant drives their truck through all the time. Gettman said that is their access point. Mr.Mueller stated the applicant wants to move it towards them.He said the applicant does not want the driveway in the middle of the lot,but when he bought it,that was already there. Page 6 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Gettman said that was correct, and he was trying to get back to the taking.He stated the three items need to be connected--the applicant's access to the lot that's vacant right now,the utility easement, and the neighbor's access to that utility--and discussed by the City,the commenter, and the applicant. Mr.Mueller said from his way of looking at it,the applicant wants the driveway closer to his house because they've had other issues, and then the applicant will have the yard they want. Libby stated Barnhart's additional information was helpful in trying to stay focused on the core question. Based on the information and the City's ordinance, he would tend to favor this and allow the parties that are concerned that are neighbors to still have an opportunity to speak to the Council and thinks the Council is the body to discuss the issue.There is kind of a lesser of two evils: An ongoing deprivation of City service to a lot that's already identified and/or a neighbor that could be potentially inconvenienced by what may happen to the infrastructure and the sewer during construction.The Commission has one group of empirical information and that's what the ordinance says and how the Commission is guided. What may happen to the infrastructure of the sewer is unknown, and he thinks the Council is the arbiter that should hear that. He would vote in favor of approval and agrees with Staff's recommendation. Erickson said he agrees with Staffs recommendation and Libby's comments.A lot of record indicates a commitment for a buildable lot and that commitment has been there for a long time. The buildable lot will not be saleable or usable unless there's an access to a public street,which the applicant is attempting to provide in a way that follows the ordinances. In the long-term the applicant will have two separate buildable lots, and this is a logical way to provide that access. He thanked the neighbors for coming forward and alerting the Commission about the sewer issue,et cetera. He suggested adding a condition to the motion that would flag that concern or a statement of policy to assure the driveway construction gets done properly so it doesn't affect their sewer. Gettman said two questions he still is struggling with are "why there" and "why now." The "why there," the area where the applicant is proposing to put the driveway is not where the current access is; it is literally on the border with 222. The place they currently are going over is where the utility easement is, unless he misunderstood. Mr.Mueller stated he was correct. Gettman said it looked like the applicant was purposely proposing to move the driveway to minimize any impact on their currently built-up home on 200 and give access to something McCutcheon brought up, which is that today the plan does not allow for the expansion or the building on both lots,that is something for years from now,and the Commission is talking about granting the applicant access. McCutcheon said he believed he was mistaken on that point. McCutcheon asked Oakden if the applicant would be allowed to build on that lot if they wanted to. Oakden said he was correct. McCutcheon indicated hindsight is 20/20, but when the applicant built the new house on 200, it would have been nice to plan for a driveway to get access to the back lot. He asked if where the applicant is driving now,they have the same problem. Page 7 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Oakden stated she believed the applicant used to have a gravel driveway access near the utility line. It is overgrown and not really there anymore. She thought it was established with the way the old home was set at 200 Bederwood,because they had a side-load garage. Mr.Mueller indicated it was in the same place. Oakden indicated it was overgrown and unused today. There was a gravel driveway there but no easement or secure access space for the back lot. Gettman stated that is the point of the "why there." The applicant owns both of those, so he can work with himself to figure out how to gain access without negatively impacting the commenter/neighbor at 222. Ms. Mueller said the applicant has access to the back lot. It's not totally overgrown, it's grass, and they used it all summer and fall to go to their back lot. Oakden agreed they have access and can drive over their property to get to that back lot. She clarified there is no formal easement established today to access that back lot by anybody else. Libby asked Staff if there were any considerations from the City's standpoint about an impervious surface that would be a requirement, like would the City require a blacktop driveway, or could it be a class 5. Oakden stated the applicant wanted to meet the City's driveway standards,with the first 50 feet being paved. Barnhart indicated the first 50 feet closest to the street needs to be paved but the City allows gravel or concrete for everything else. Libby noted he reread the two issues of consideration and he would have to answer yes to both questions and would be in agreement with Staff's recommendation and in favor of it. Libby moved,McCutcheon seconded,to approve LA19-000101 Al Azad,200 Bederwood Drive, Variance. Gettman wanted to be clear on why the "yes" would not alter the essential character of the neighborhood. The current character is a gravel path and the owner on 200 still has access to the other lot.The Commission is preparing to accept the movement of that path to a location that will alter the feel,the look,and the impact to the neighbor. He does not see how one can conclude that that would be a"yes." Libby stated he looks at a neighborhood as a much larger scope than a single lot line and two properties. Gettman understands from an aerial view,but the reality is the Commission has looked at it from the impact of one person's view,not from a neighborhood's view. He is struggling and cannot get to yes. Erickson said in addition to the guide plan there is an existing zoning ordinance which calls for two-acre lots.The current vacant lot fits that in addition to being a lot of record.The easement reduces the other lot by a relatively small amount,but there have been other two-acre zoned lots much smaller than that which have been approved in the past and could possibly be considered a precedent.The applicant is well on his way to having two building sites,and one of them needs an access to a public road which the Planning Commission is attempting to supply. He is in favor of the motion. Page 8 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. VOTE: Ayes 3,Nays 1 (Gettman). Barnhart noted the item will be reviewed by the City Council on February 10. 4. LA19-000105 JOHN KRAEMER,855 OLD CRYSTAL BAY ROAD SOUTH, VARIANCES, 7:17 P.M.-7:28 P.M. Anthon Ellis,o/b/Charlie&Co.,was present. Staff presented a summary of packet information. McCutcheon asked if the previous sauna had a bathroom. Oakden stated she did not believe so. McCutcheon asked if there would be a sewer line to the building. Oakden said there would be a service line from the home,which the homeowner is allowed to do. McCutcheon said that does not make sense to him. He understands it's an accessory building but it is full- fledged plumbing and electric,too. Oakden agreed there would be electricity also. McCutcheon asked how far it exceeds the setback. Oakden said it was 53 feet from the lake. McCutcheon noted, as an accessory structure, it is not too much different than what it is today. Oakden said his statement was true. Gettman asked Oakden to restate her comment regarding the covenant. Oakden said City Code allows plumbing in an accessory building if it involves a toilet. You can have a sink with a plumbing permit. If it involves a toilet,a covenant needs to be recorded about the use of the building,which would be required with the building permit. Mr.Anthon Ellis, Project Architect, Charlie&Co.,representing the applicant, indicated he was available to answer any questions. McCutcheon asked if the existing structure had any footings. Mr. Ellis said they do not think so.They believe the floor is 2x4 joists resting on a compacted gravel bed. McCutcheon asked Staff if there was proof that the building was at that location 5-10 years ago. Oakden stated that there was. Page 9 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. McCutcheon commented that it would have been surveyed before as an accessory building and wanted to make sure it wasn't pulled onto the property recently. Oakden said it has been on the property for years, in addition to another cabin structure. The property was recently part of a subdivision; it was held in common ownership with a larger parcel. The two lots, 855 and 845,were broken off of the ownership from the property to the west. Libby asked how much of the structure being replaced would be remaining and whether there was any proposal to continue to use it as a sauna. Mr. Ellis stated there was no proposed use as a sauna. Libby clarified that it was previously used as a sauna. Mr. Ellis stated he was correct. Libby and Oakden discussed the sauna building being taken down and Libby's Finnish ancestry. Libby and Oakden had a discussion that the sauna building would be remodeled/rebuilt and is within the variance.There is another cabin located farther up the slope,with actual logs,which is not part of the application. Mr. Ellis said the homeowners are considering what to do with the other building right now. Libby indicated the new building will have a sink and a toilet and be plumbed to the main house and asked if Staff knew the distance or whether the distance was relevant. Oakden commented that it was not relevant but noted the house is just past 192 feet from the lake. Vice-Chair Erickson opened the public hearing at 7:27 p.m. There were no public comments relating to this application. Vice-Chair Erickson closed the public hearing at 7:27 p.m. Gettman moved, Libby seconded,to approve LA19-000105 John Kraemer,855 Old Crystal Bay Road South,Variances.VOTE: Ayes 4,Nays 0. Erickson commented that Staff recommendations are well-prepared, specifically Page 5, and his hope is that is part of what the Commission is approving. 5. LA19-000106 TOM LEMMERMAN, 1389 ORONO LANE,VARIANCE,7:29 P.M.-7:36 P.M. Tom Lemmerman,Applicant,was present. Staff presented a summary of packet information. Page 10 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Gettman asked to see drawings of the proposed new roof line. Oakden,using an illustration, indicated both the existing and proposed roof lines. Libby asked if the maximum height of the roof line was within the City's 30-foot number. Oakden answered that it was. Gettman asked if the proposed roof line would only impact the view of the neighbor to the left. Oakden said potentially. She noted the neighbor to the side is set farther back which is causing the shape of the average lakeshore setback. Gettman asked if the neighbor's line of sight to Browns Bay was the only impact Staff was aware of. Oakden indicated that was correct. Oakden used an aerial photograph to show the 1395 location and indicated the house's orientation. She also showed the 1389 location and described the proposed changes on the house. Libby indicated there were not a lot of changes. Erickson said it is a variance but not a big one. Mr.Tom Lemmerman said he is the builder. The exterior of the house is in extreme need of tender loving care.The roof over the master bedroom is lower pitched and having water issues. It was an addition to the house and they would like to raise the vault on it. The wrap-around porch is a definite bonus to the house. They talked to the neighbor to the east,who said the house to the east of him was remodeled last fall and now the house to the west of him is being remodeled, and he thanked the builder for putting pressure on him and his wife to do work on their place.That was the only comments with neighbors. Vice-Chair Erickson opened the public hearing at 7:35 p.m. There were no public comments relating to this application. Vice-Chair Erickson closed the public hearing at 7:35 p.m. McCutcheon moved,Gettman seconded,to approve LA19-000106 Tom Lemmerman, 1389 Orono Lane,Variance.VOTE: Ayes 4,Nays 0. 6. LA19-000099 CITY OF ORONO COMPREHENSIVE PLAN AMENDMENT RELATED TO TRAIL PRIORITIES,7:37 P.M.-7:42 P.M. Staff presented a summary of packet information. Gettman asked if the cul-de-sac in the 6Smith area was addressed in any of the information. Barnhart stated it was not. Page 11 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Gettman asked if there have been any contentious issues on any of the trail access upgrades. Barnhart said he is not aware of any. Barnhart stated the 6Smith issue would not be at this level of a priority because these are more regional/subregional trails and 6Smith is more a neighborhood level trail. Barnhart pointed out that just because a trail is not on the list does not mean it cannot be implemented at any time. These are the trails the Park Commission wants to focus their planning and their resource dollars on,but they can address other needs as necessary. Gettman clarified that he was asking if there were issues surrounding trails the Planning Commission has already dealt with. Barnhart responded that he did not think so. Erikson complimented the Park Commission on their updating of priorities. He believes it is well thought out. His particular favorites are the north-south connections connecting Dakota and Luce Line. People generally consider that the ideal transportation system is a grid which offers east-west movements and north-south movements, although Lake Minnetonka limits north-south movements quite a bit. A lot of the trails are east-west more so than north-south.The City has an opportunity to create or improve trails,and that will improve the function. Vice-Chair Erickson opened the public hearing at 7:42 p.m. There were no public comments relating to this application. Vice-Chair Erickson closed the public hearing at 7:42 p.m. McCutcheon moved,Gettman seconded,to approve LA19-000099 City of Orono Comprehensive Plan Amendment Related to Trail Priorities.VOTE: Ayes 4,Nays 0. 7. LA19-000091 CITY OF ORONO TEXT AMENDMENT RELATED TO GRADING AND LAND ALTERATION,7:43 P.M.-7:55 P.M. Staff presented a summary of packet information. There were no questions for Staff Vice-Chair Erickson opened the public hearing at 7:47 p.m. There were no public comments relating to this application. Vice-Chair Erickson closed the public hearing at 7:47 p.m. Libby asked Staff if the scope is within the 75-foot lakeshore setback or anywhere there would be grading over and above a certain elemental quantity of movement of fill and grading. Page 12 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Barnhart said this would impact all grading and land alteration activities in the City. The goal is not necessarily to change the regulation but to better reorganize it and, in certain areas,propose change. He referenced Exhibit B which illustrates an existing regulation and also a proposed table attempting to demonstrate the same regulation. Barnhart stated they are proposing to remove the grading and land alteration portion of the shoreline regulations,which includes building height and hardcover and RPUD requirements,and put that in the existing grading and land alteration chapter.That change takes up about 15 pages of a 25-page document. Libby asked if the ultimate adoption would encompass City parks within Orono. Barnhart answered that it would apply to all property within the City. Barnhart stated he would be happy to meet with any of the Commissioners off-line if they have questions in advance of the workshop but thought a workshop is appropriate for this type of application. Erickson noted there is a new added definition regarding stockpiling,which is defined as ten cubic yards or more of soil/aggregate in a concentrated state. He said ten cubic yards is a small number. If you have a 3x3 foot square of floor space,that is barely enough for a desk chair,which is nine square feet. If it's one foot high of dirt,that's nine cubic yards. When he was a kid, he had a sandbox;that amount is not even a decent sandbox. Libby said 13 cubic yards would be close to a standard dump truck. McCutcheon stated Erickson's example is cubic feet and the amount is three times larger than what Erickson was talking about.He agreed it is relatively small. He asked if that was in line with what the DNR recommends with other communities. Barnhart said the document indicates official stockpiling will require a permit,whether it's a City permit or a Council permit.Anything less than that amount will not require a permit. Staff looked at it from a potential impact. If you have a dump truck that comes in and dumps a load of black dirt on a side property line,the City does not want it sitting there forever and wants a mechanism to keep it moving along. Barnhart said whether it was too small was an appropriate question and the Planning Commission will have that question on a lot of Staffs thresholds which is what he hopes to discuss at the workshop. Gettman asked Staff to bring to the meeting some real examples and how they would apply both to the existing and proposed language and some of the IUPs the Planning Commission has already dealt with. Then Staff could say under the new rule it would or would not work and what the impact would be. McCutcheon referenced a house being built this year and said the huge pile of black dirt was driving him nuts when he drove past it. He noted that would impede someone's shore view and if that was there more than 90 days, it would be frustrating. Barnhart said that is why he is introducing it. He is not comfortable with the current stockpiling regulation. Barnhart asked the Planning Commission to table the action until February 18. Page 13 of 14 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. Libby asked if Staff would be sending an additional notice with a response to know what attendance would be like. He will be at the meeting. Barnhart said they will send out a questionnaire. He noted there used to be workshops the first Wednesday of each month. This year workshops are the hour before the Planning Commission meeting. Next month the meeting will be at 6:00;the workshop will start at 5:00. Gettman moved,Libby seconded,to table LA19-000091 City of Orono Text Amendment Related to Grading and Land Alteration.VOTE: Ayes 4,Nays 0. ADJOURNMENT Libby moved,Gettman seconded,to adjourn the Orono Planning Commission meeting at 7:56 p.m. VOTE: Ayes 4,Nays 0. ATTEST: Jon Ressler, Chair Page 14 of 14 Date Application Received: January 2,2020 �Ot VO Date Application Considered as Complete:January 2,2020 60-Day Review Period Expires: Extended to May 1,2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator IkEsFIO' From: Jeremy Barnhart,AICP, Community Development Director Date: February 18, 2020 Subject: #LA20-000001,Neil Weber o/b/o Orono Apartments LLC,2475 Kelley Parkway, Final Master Development Plan Public Hearing Application Summary: The applicant is requesting final master development plan for 56 unit apartment building. The general development plan was approved in May,2018. Staff Recommendation: Planning Department Staff recommends approval, subject to Staffs comments in the comment letter dated February 3, 2020 and the City Engineers comments. Background On May 14, 2018,the City Council adopted Resolution 6869 approving the general concept plan, zone change, and Community Management Plan amendment for a 56-unit apartment building at 2475 Kelley Parkway. The project originally received sketch plan support in February of 2018. Approval of the Final Master Plan is the final stage of approval for a project in the RPUD zoning district. The master development plan approved in May of 2018 included the following conditions: 1. Metropolitan Council Approval of the Comprehensive Plan Amendment. -complete 2. Approval of the final Master Plan-pending 3. Additional Easements to protect existing water and storm sewer infrastructure.—condition of approval 4. Approval of hardcover waiver as described. -approved 5. Revised Landscaping plan to meet plant number and size requirements-pending 6. Expansion of the sidewalk along Kelley Parkway - condition of approval 7. Siding material consistent with Stonebay Condominium. - Confirmation pending An 8' bituminous trail shall be provided along the southern property line. -Not necessary 8. Payment of fees as prescribed. -Due at final approval 9. Watershed approval of the drainage and erosion control measures. -approved 10. Building shall meet all fire and building codes. Fire chief shall approve all hydrant/ connection locations.—confirmation pending Plan Review Comments Standards to the hardcover limitations(50%to 55%)and to driveway setbacks(5 feet on the west and 15 feet to the south)were modified during the general concept review. The site plan is consistent with general concept plan(Resolution 6869). Staff has prepared comments based on the submittal received on January 2, 2020. These are attached as Exhibit F. It is intended that these comments are addressed prior to placement on the Council agenda. FILE#LA20-000001 February 18,2020 Page 2 of 3 Building height. Due to the mini gable added above the main entrance, the building height as included in the Architectural drawings(Exhibit B)exceeds the defined height of 30 feet by 1 foot, 9 7/8 inches.The applicant has provided a revised drawing(Exhibit B-1)meeting the requirement. Staff will confirm the height with full revised drawings,due prior to City Council review. Parking. The final site plan shows changes to the parking lot. The entrance off of Kelley Parkway shifted approximately 30 feet to the west; this generally lines up with the entrance to the Public works garage. This further altered the parking lot layout, but the number of spaces remain the same. Guest rooms. The original approval included one guest room. The revised plans show 2. The amount of interior storage areas is generally the same. Number and types of units. The original approval included 30 two bedroom apartments, and 26 single bedroom apartments. That distribution remains, though the variety in the 1 bedroom apartment layouts slightly changed. Landscaping. A landscaping plan meeting the requirements of the PRD zoning district has not been submitted. Trail. The plans show a trail easement along the south side of the project. The Wayzata Blvd project will include a trail within the public right of way. Sidewalk. The plans show the extension of the sidewalk along Kelley Parkway, forming the final connection for this sidewalk along the south side of Kelley Parkway. Fire. The Fire Chief has indicated a desire for the Fire Department Connection (FDC) and an additional hydrant. The Fire Chief will provide clarification prior to this item being placed on the Council agenda. Fees. The following fees will be necessary as part of the building permit Based on the apartment layouts, the Met Council has determined the number of SAC units at 59 units. (See Exhibit J) Met Council SAC Fee: $2,485 x 59 SAC units=$146,615 Sewer Connection Charge: $5,380 x 59 SAC units=$ 317,420 Water Connection Charge: $4,370 x 59 SAC units=$257,830 Private Recreation(in lieu Per resolution 6869 $ 41,500 of private recreation areas Total fees $763,365 Engineer Comments The City's consulting engineer has provided a detailed review and comments on the plans. Those comments are attached as Exhibit G. The developer should address all applicable comments prior to placement on the City Council's agenda for final action. Public Comments To date,no additional public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the proposed building and site layout are FILE#LA20-000001 February 18,2020 Page 3 of 3 consistent with approved concept plan? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation The final plans as submitted are generally consistent with the previously reviewed resolution documents. The final plans should reflect city and engineer comments included in Exhibits F and G prior to placement on the City Council agenda for final review and approval. Staff recommends approval of the master development plan subject to those comments. List of Exhibits Exhibit A. Application Exhibit B. Architectural Plans 1. Entrance Roof revision Exhibit C. Civil Plans Exhibit D. Landscape Plan Exhibit E. Resolution 6869 Exhibit F. Comment Letter dated 2-3-20 Exhibit G. Engineering review Exhibit H. Condition Summary Exhibit I. MCWD approval Exhibit J. SAC determination Exhibit K Mailing information References RPUD standards File 18-000036(original case file) Land Use Application Summary Application Date: 01/02/2020 Address: 2745 KELLEY PKWY LONG LAKE, MN 55356 Parcel Number: 3311823120008 Land Use Number: LA20-000001 Application Submitted Agent on behalf of property owner By: Owner: Name: ORONO APARTMENTS LLC Address: P 0 BOX 849 WAYZATA, MN 55391 Applicant: Name: Neil Weber Company: Weber Architects & Planners Address: 2280 Watertown Road Long Lake, MN 55356 nw@weberarchitects.com Contact Information: Associated Contact: Neil Weber nw@weberarchitects.com Associated Contact: Associated Contact: Associated Contact: Project Description: Orono Apartments Land Use Application Amendmend Application Type: Appeal of Admin Decision Li Concept Application U Conditional Use Permit i Site Plan Application (1i Subdivision Application Li Subdivision Exception Vacation Application Li Variance Application Li Applicant Signature: ‘ , • • ORON 0 APARTMENTS ., INDEX OF°RAMAN. 2745 KELLEY PARKWAY a. _ Ne ' Sheet Name 3145 KNI9ry Pkwy, ��n n ORONO , MN 55356 wa ..eN Hw Orono, A1001,e A. �« A. 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QiI ° <71 - _ _ .. __L_ _ _ _____ -(.„ F, Aih rOWZ LI.S 1► EMOVE—` .0-4/..s Partial Roof Plan At front entrance / – — – �! – —` 1 Peak of roof is eliminated as the have the highest point match the height of the main roof which will make the midpoint below the required 30' REMOVE me — _MIPINIllemmomm 1111111 -- 21111 — .. IN NMI iiiiialsowa It iiiiii iMNMMMMNIIINIMIMININMIIIIIIIIi.iiaiei al MIIIIIIIIIIIIMIIMIIIIIIIIIIIIIIII,■ir-- ■��i " ". 1",.�� - 111 1 _�••li iii "".. il..,ill I A,sf _........--......... 5., ilimmin I I I I Eiii .n... log 'll 61 :l." A H •�'_.■ ! �slw.y ... t A _...ar. -41*, „ .... � 1 miwaledgm nil '=_' Nip= — ! _ gig ❑o ” 1111•11,....wiiiII Partial North Elevation i — == == — 1I ISI a (11 la At front entrance _�� I This revision drawing eliminates the peak at the front entry which brings the height of , -• midpoint to be as shown on the drawings to be below the required 30' 29 January 2020 I HEREBY CERTIFY mar THIS PLAN,SPECIFICATIONOrono Apartments W7T3��REPORT MIAS PREPAREDBY OR UNDER WY DDLECT MI A DULY UNDER TFIE°NLI OTHTHEAII OF REEGE�'�" CT 2745 Kelley Parkway Orono, MN 55356 architects & planners \ '( t .��,�/(� DATE�� i"" PO Box 930,Wayzata,MN 55391 NE(LWEBER,All REGISTRATION#11325 952-476-4434 nw@weberarchitects.com I Us, CITY OF EXISTING CONDITIONS SURVEY FOR zit WEBER ARCHITECTS �a2 OF LOT 1, BLOCK 2, CITY OF ORONO ADDITION H<' HENNEPIN COUNTY, MINNESOTA 6"< KELLEY PARKWAYEram a s rw.. e mown ... w,. �o R>g; —roam e-oe wa,aasw-- o ..,�x.�h S 89°15'26" E41, s3.o 0 /' arm 1 ''..k " oe �m k moo. ' n.',, -- a �. - i zp, Ire. `------- - 5 !'«, i5 I X z 11.3:1 op Z "�' ORONO ADDITION y- I-- N Y—''v�w.n a W �/ ,... K ".C U p U T w O �_m„,„,,,,,,,. DOUR .' / a Cr � / i` av „a/ Q-I O / ,I 1 0C, / ,_n Sc /1 I o h w mon / n� le a J �f i .. r/ \ yEy }� --' /Q \ ow % \ '� LEGAL DESCRIPTION OF PREMISES f q} \ '�5�i f \ /t�J/ Lot 1,Block 2.CITY OF ORONO ADDITION ZE ° IW ow \ o: denotes iron marker 2,113 2.'1,Ni 5 `\ JO / muo —��� \ +I (a0e.3): denotes existing spot elevation,mems sea Noel datum 3-::! \ \ — - g contourvel datum "g° ( . i \ /' 9 ,-- — o --sn--: denotes existing line,mean sea ie -.'6 Y 0 I � \\ka \ -/_� N Bearings shown are hosed upon an assumed datum. 0 I - moI 1 �— p This survey intends to show the boundaries of the above described property, 0 orue O the location of an existing perking lot,curb d gutter,visible utilities.spot Z 1 1 p elevation.and topography on.It does not purport to show any other V) improvementsor oacthere w. cosi. r %/ / _— / I........."..t..... •� \ Wa w. / _7,1L aae //=--x_—_ ,— _, / / 1 1 V d ---a^p ‘........... 'so.. __--_—_---- ------------- __tea.__ w�w°�{sah Iwo. emw— — ..-.._.._....— :�.n 1N 89°15'26" W Awa„ 377.35 a .mm.,na H.C.S.A.H. NO. 112 W. �. ' WAYZATA BLVD. W. 8-073 Cl.Existing Site 1 CITY OF i CERTIFICATE OF SURVEY & PROPOSED SITE PLAN FOR zM WEBER ARCHITECTS vide OF LOT 1, BLOCK 2, CITY OF ORONO ADDITION F IP; �a KELLEY PARKWAY HENNEPIN COUNTY, MINNESOTA 6g< s ..,a a o - �_ o --r Dame 5•ow wA,a�w,--�= •�.'�'...,.. �-•° ,,,.., 3 ai w -+�--— --- S 89°15'26" E �,da m, "7s,,-7- �= d ,... t- _— 377. n n i ""e °n1 E a --4-44°-q----1- rt. .M.b,wA Z tti l 5 .1 -4°-q--._1- I -t16 SPACES I I,.._I_+{ I ..Jl. I fr-�.4 SPACES F �T .'` z.-.1z,..1..1...,_ ,u AlnNO 0 NN _ I' JES @� OROIO ADD) ION-•, . �� �...,� 9 1� 1, Y „ ri, - Iwo ._., ,--- k lipo 1: ,...1.11.7,-• i 1 L 4 1 iEI „� - f g P Is �I� /S 'O _3 Q_ - jV..L. wI I 1 . _17/ i r - 01 : I`:YNwi-w,:,a l' �° . i PA X6.—I 6, &IV it / I ' _0 0'.J T' O T D °I: `. :i I i gE �I r . ... \ "!I ¢� 1 _ ,..,� / \ y LEGAL DESCRIPTION OF PREMISES: "E� e _y/6,�-� 9 g°�® / '"'' \ g �'..'u Lot 1,Bock 2,CITY OF ORONO ADDITION aC f t,._., G \ �.m��� \ • : denotes it marker ES .„,,,,,, 21 Ni /1' .\ ,/ PROPD-3ED \ '" .�•�/ c6a63i: denotes existing spot elevation,mean sea level datum _a g 5 p �/35 \ •• r°T 1 ^- 5n^''° : denotes i _ proposed spot elevation,mean sea level datum LygF 3 i - MAN nooN-hpze.oI p --an--: denotes existing contour line,mean sea level datum - a�.°.� '^ BUILDING Iaa `• o l �i j \i I - ,ae' #2745 cuucE LEVEL_11 I —0 : denotes proposed contour tine.mem sea level datum _ e_ O ll •� f �- -II i °O Bearings shown are based upon an assumed datum. O Z III + 1 yw 8 OTE:An tlew to'nq n es can to be tlirecpla noone of the three bioretention l / � �" N basins.Setlimenl shoultl be cleaned out before plocirg litter media end tlrainlile. 10 l , 1 7= - is survey intends to show the boot.curb of 0 Dove describedulit s,spots, _--�� ------ o-- _ , '® I the location of on existing Dorking lot.curb and gutter,visible utilities, pot '\ 5I -i---,4.-'y,v I NN - -- - C ____ , ele lions topography,and the proposed Vocation of a proposed building, �� F3 �� esppsEo,.�,a s�s a'Orr 5a0�w°'"�I / T l _ u Lheirg lonoomne alas r0 grades thereon.I1 does not purport to show any I 1', `,I I \` _, I »�;-R-•: ,s""' ( •"-M _ I� leer�mWovements or encroachments. , n v. , . ' uu°0 ® �. I R �NELE io pg3 c--I- \)„, ! Q•FF•� • , _\ Css,w si w sEwn �� ^ T A�EIENTS /� ? v @ '� `ter s- '1- f ..,. .. �—._.•:., °' .. '" m � 50.0 ,o-n� — '• - r,iw.rnoxu..Veti. Lot area 111,310 ft. - _-'•,, -----_— �wwa — mm�---_-- �.' ..... __---ow,-- N 89°15'26" W .--..- v 'ree.,— .°aeb'... „mv� Proposed building 3=311.742 sl +� o �..no-o-mm.m.,s,o <Tm7.--------- mm� ____ ---_- __ Proposed &proposed parking=2],]88 sf 377.35 --- __-__--� _ mm�'--wx--_------__-�_- ....ion.wr"" Pro d walks= 16sf sf 1 R pose ,•e.n Existing walk= 190 f gq H.C.S.A.H. NO. 1 12 Total hardcover=61,356 sf [I aaa�aa�aaw..\ WAYZATA BLVD. W. Proposed green space=49.954 of P tn-n]] C2.Site Plan STORM WATER POLLUTION PREVENTION PLAN PLAN FOR C.3 0/ WEBER ARCHITECTS ras" M ��RaLL�BE; ,� wnw� AST M.zxN OF LOT 1, BLOCK 2, CITY OF ORONO ADDITION PLRSZII a" CITY OF HENNEPIN COUNTY, MINNESOTA aaE.e.s.e MUSTEN7 BE w REa w QafNT F=__ 4. 90966 pReadrf0 Reet rewaT.sierra,E R✓CF I T . - r w .T fE1exN'nTra 10 CONSTRUCT a �'SE REMOVED FROM PAVED surwas RM.'•'OUS OF o¢mvsRr V g ° KELLEY PAR WAY d �I _ , E,� eo 2>o ALS ,m 1 o _. " Vis o a Darn R�w r ,R „�w DR.GLEAM,OPERATORS. > a�avx� t COO LE 100 ON e°a.n wn,.,s:ea.Pre N Awa a,;n.�a. cox,eE°E a,«...tea:u,Vass",' 6 0, NE f---'---- serfs 26 E r — , e. r r w. r a ar in.S 1A. ALL INNS SELECTED SRAM BE APPRONNTE FOR.TIE Cf YEAR.SITE CONDIT.,NO ESTLIATED CURAT.OF USE ®5 lw ' aa. Exna A MC a era OUTSIDE a SEPTIC ARMs. ION va /r r i t ' � � �' A TitSitem�..Aa,a«, "' a t, _ �r r _� M T n Cr Darn N.ATµr 9R,.E,� a Ria RESAL TORATION W= NO AM z �<< � g �k , T Aa�°� e, a°" A .,7 warm o E,' o °� �'�` � oo�r ww.rE Ea..RNr war.rE�.E�ar ▪ c. n O E SER. P. �. , ;� ,...\or-oo ti.D' °�- .�, �.t IlII��jj��. ° ,. AND.40.1.91T PROM..Ff./SEDGOITATION NO STO.SIATER RUNOFF. r ..... r,RRM 2.A r� Qom' =II - �� ? �■ ti.��� !���I�I _ TO AA,Fw ma as,w,COY E a�TED BYCONSTRUCTOR ACMITES _ TO PREVENT MAO.. N + I '-i--- .11-#,T---::::—.77.-117.. �� ^..G' —,„�•yt0p` �I/�"' Q Rowe AND NVOR ONE ME a Awx.fxrs sw.m awi ewu. srw a�ifn,o r avow FRED °r NE ATE NO mwrr MUST ab t9- ..._ , \,:., , Lell! P.%3@� Ap V��� J r' °usF%a{c mt,or Ao m�we care a�s r.aruo Ewes «uvaova n .As.e,.e,a w�v.v w„x,frw J, LIJ d / I -—�- "` I I ){7 n 1a'r[�r ALL AREAS 067.1.EN C.STRUCD.SMALL BE OF a s,AeVemw m,nFROM",�""i..,OF OR=",x.,.",T,s on"vo"Y.."r rsE`sE°m ., A wa▪rn w m` u,'c,i°o,eRc''r �«e `m„ rJ jr �✓ III Id I 1, ✓7 NO MACH SHALL NA.6 RE Oa VERi,,ea Mrs.Tana[EN v w T.rwnw'° lif.V sir mwr Eh[Icwin TL' a,IF P wrcs vueer. I iif I 1— /,°' BE 1ROOT MIS 210•MO U3S P.ACK OR SMALL LBS.PER AC.CR.PROVED PERMANENT a. I' A. es. ' - � ,_'j p p .m vRs AIRRLY wx WHIN,VEnsa.MN,(SO)DAYS AFTER A sm.F„r rear„W,a,eAaRa«ra a REPORT ALL FOU.FELD TIM TO ne MOWER FOR ESAU/ATER ,. ,� ` , :>.ALL Aa,RM,Es«„f S.S.J.BE CONNOTED.A�a«AL SEM..TO' 'drl � �� ��� o NT comma e WATER E Eo a EM«w GLA. L BE RO..w BY STREET « awNas ww FE e, , ,. ar6 eaf� �\ �a MEwa aa,.a mae.a �Ra.w M awW� ; \ �«, ._ M.� IE AREA a TARE=a.EXPOSEDsToRN oRANpm. pRoTEcToaRNw a ma„a,mm m„xa ALL AT ANY ME r.E - air719.0 GROUND �aINE« 14 OP MORE DAYS BUST NAVE TORO...OR PE.VENT STABLMION YEAR R.I. RUSE.AS APPROVED BY 1TE CITY. I6 _ PROPOSED I,� wA fM # T. "aN �4wr A � u II i t d / ,,- BUILDING -� ,ill/ ROF No .� a^� " - .T :.:F,ry".-°' /2745 �'�,ren-� ;a x use x sesmm'LOW As TO NOT cu¢vmso-,ualc rIF ' aZnE ALLOWED ON s,e Aa wesrz waver arPovn o 6; 1 Iw.,r.ow kQ3 ,�.. a RVRR E IL, m. '� ,s Au oowx cwnrrt vFmcr[n smsclrt moxa,rwvsRs , ,a aver[swc Mui rROVRO • 2 9 l��ar I._ PPROVALS INVE BEEN C43.16 z VA%Mr s " me E, 19.0.9.CETATNE OMER TARPS a,ernes ur_wws NO DO-1266 W.CO.CREDENT POMETER SELS.T RU. ERCI FOR LESS MAT 14.6 MALL RC NICSORED Ihmi.PERVElEn SEOL.T CCM.. r y ti �y 71 r R.s P.rnx11.67.-ED w.,.SEE a m Ea a,a WATERS«M STATE a w.,w.a„a„Fs b L. o € -.,-ti �. �, '-- "i • F - NmlEw S./FACE w.1.S.Evac awe NO GUTTER sre,a6 ' =HART a mn,• ALL NECESSARY�ceom�s �,e°.NET BE HOTTED«Mows P.,TOT. sni f r`r l- -Y- ---Y, `— :.,—..,.......--... "..01t ,„, y iw,mr cw.cr¢s MOST Wf�smwvT rwu. .. ., rm v�ie'�c�uOivH'�i,src,.0 v'A,el uaT s f E2 e .RI \ Y. .�� rr-e-. '',.� — �....� xT MITES NEON M4. ,mas�iCT s91i.1 RD w FE ESTINL9.ON UNTL N/STABLE..CO.CRAOENT TipME uBEFORE WEN ESTABLISHED. LAM omvwc T� •a.a 'ii TCO --ig _-+e. - .., / ••en a } ns LNEXTm 1 .�TD„saaisirf' Omrc,wc a swEusc N omrn v.N - are PRACTICES MAY BE TO .O. TO NO STANDARDS _ ]T/JS --..__MMMT. -- _. ron.s.Any Laver-TERN.1M,NAT a maRtma As onRr.s wzmE NO 1. p-P SECRON COM.PRACTSES BUST BE NSTALLO 1,909761 ASTER T.ACM,6 • PRO/Ra fl,Tar...wee'�- ..` , r CONMETED.HOWEVER.S.ENT CO..PRACTICES BOST BE 'LID vara NE rm ,. TOPSOIL W.BE STRINSa PRIOR,o MY CONSTRUCTION USES=AE p E..ATE c S� a,�.......,.e.,,..... H.C.S.A.H. NO. 112 s: R MUST ^w�� tileee.,a WAYZATA BLVD. W. a MOWS Aa arae. eOr R nava aw yryr.CPE ACA0 oma,PROPOSED,.awe A,,.we.. N '° .T Aa T.V o..ED TO SE.A cw'a NE Ewa.mmn PAN w ETV. NO READILY AMIABLE FOR REVIEW....MS ARE °AS FOLIO..LEGAL DESCRIPTION OF PREMISES0500 Lot 1,Block 2,CITY OF ORONO ADDITION 1 ONCE DEW 30 r2 NT.24 HOURS A, .Teo MAH,Evart OVER 24 Nana. w o w Aw A uwfvfA1E `?`'`s MOAT.x"teras e RECOVRE CNN...ON 00.16.0PE PROMO.,CA o. denotes iron marker ..As SOON.s RUNOFF Dews w vsw TO REAM.CONSTRUCT.a word wwn @@ 'iLL I (906.1): denotes existing spot elevation,mean sea level datumnrcsAPPreMEWwlinw 3 . denotes proposed spot elevation,mean sea level datum t FLOURED raR OEuwea WATER rwr a,,,ua smEram sans W N. ...OF THE AM TIE COMPACTOR MUST --SIT— denotes existing contour line,mean sea level datum a,l(NE CONTR.TOR 19ST ENSURE 'w"TMa,jTABI denotes proposed contour line,meansea level datum MATrr.,�U Ta.FNAL nAaa.ra,CAN BE AaEvm.9E—® Bearings shown aro based upon an assumed datum. 'wvEaru T.EFIITRE "'Va1"AE�w MA.uw;",EMS THcanwr m PREVENT 6 This survey intends to show the boundaries of the above described property,the location .x,.Rrl.aw ErosvE OOVER ry a m rtRam ovu I fan existing parking lot,curb and gutter,visible utilities, pot elevations d topography, A.a kens.%a�,A�io X WLmeww T.snE ATTER wvz,mattx and the proposed location of a proposed building,parkig lot,sidewalks and grades thereon s It does not purport to show any other improvements orencroachments. nTofrnsar smr A (sial r"..r1 .:61 ro eE REMO.,As LW TE WE rn it TION MANAGE.NT.96.scsedii BUST BE STANLNED TO PREVENT C.FROM MC WASIED.C1C INTO TIE BASK COMFMN.S Ca ORA..wAr3 0304.096 ,c w... c swn¢NT,o RE..Ta 13.4,o DEA.CAPACITYOFT-SITE OR TO SURFACE RATERS THE CLEAN OU7 OF PERMANENT. MUST a 3 i i 16-073 C3.Storm Water Plan STANDARD DETAILS zi. �d wam 1' ��p °3I om�d x16 m .w.� — ):INg �. ,•J� °= ' SHELF Q',.•x z e u r p } :� wnwm�m Wnn� r���B j ...roti..u.w r25' W 3 wnwau + I FILTRATION 11 Da g refai s /�® A ^.y� SOP (=ENTELR :L Pinv Lye NON RIGID STORM SEWER TRENCH Hum�tia:.:,.1OY m.; _ a / p 00 .mmrx. `�oiirrn'm.r�.�' ::e•3••r �/rr.". cw>rE c�wrm'r r \• • • ••• p •��.•• El/o,9.TS r •• • • • • • • • • a4 :- Fw ir` .- SUBSURFACEOOrI .Ecrw. '1 'I,w.w,m. �'••••••�4••••:�••••.4 '11"11'1"Im.u.1.1.1 74::.,37-: BIORETENTON NE WIIN OT TRENCH DETAIL • wth.• no•°°wx ," °•_® OON oi .e•—.. ® OLTON (*i os •m , ppON ; oax ..r. .. POND 3 O O_ a. SHELF SHELF —- FILTRATION FILTRATION L S TREATMENT TREATMENT b OP VOLUME SOP, VOLUME _ /�Aw®, o"' IILI EL0Y.oNWL S a lx-t.,-.? TrKYc aa.r3� awnexmwcer "'•'.. 'f.' -__r"..-''7-,,,, ,UPdT/s'!!Y $\._ • • • • 0•••••••••••••• • of J••'IVC ;all @ wnewoeote.woT ro•wm zx,mooawu x cwroar ,1•B® . • ELaS �•�0 • EL• •,.• • • • • • • • '1,www[ Ai; n•+ ``1` Fiv:ixwreocx 4'4 rtV• V.;� • • • .I EL iazo.o •..1122,76"•••••••••••••=i. .•_. • • • • EL/.,r.5 - .w.!=rotr.a Y$!w F\j J BIORETENTJONUK wRN POLY BIORETENTION .s'•✓ $ ' N TRENCH DETAIL TRENCH DETAIL UNE W11111 POLY --- - ---- -- - 1 5 3 POND 3 OUTLET - POND 4 POND 5 - ACO ..cu..... ....1 nrs I I m.••I taw 1 a... (A.O ss”.....< *, 6 /B•.�BT ..AradYS'FXI•'�•ir � �r.wrni wMW A !•R .F—µ•/DIRT POND.OUTLET _ - - u........ rr_... PONDS OUTLET •..•..r .LLmam1010“•WTERWSmKw AMMON.rlT0111.LOW FOR T.m.aaMONO MIOOE•TREOW1.1WREF•S 6 aAA C4.Details I 44. Ci STANDARD DETAILS = - ol Zin im 0 Do "lir ' muiomoT„Towne a ..,... to ......_.,...._....„.0___ ,,,0-,,, ..,gi _ _-L= = - 414111111/4111111:-' 3 a 0°o __ Non 't,,,� o a EROSION CONTROL BLANKET INSTALLATION FROWN AT POMO FOE �.E:c a� BOLTON AA PEST BOLTON BOLTON ��. Oum n ""►� w,m eEDEm.E..B '''Z''''''" ®..rkME,.".K `"t7 ycJ 7,7,-„,- m ®...w..EarK uum wwu.um.0 m ...a�.M.E...N..K 's f 7.706,2._. .K ®�yE K t?i` "SST'�_S"` ..m .. ®k ML NK 1a g „�. ..�. a _ ,. NEB =--_ ---=— o ti/ .1 VARIABLE SLOPE'. 2 OA I WOES .. / _ -- SILT AVW un = 7 —A _ .10.......-.7..,--,==..-------...=.-- --_ .,._a....._ t a,IEM.E row •.7---:--=1.---=---======- . ..mmu..cr... K 7\/ 13� — xorts Axa AEKI 0— -—_"Arg.. ...--f" } n 'E7 '¢) .-e.. ,i. < .> N_ ���'e.. , BOULEVARD SLOPE TO BE BETWEEN.a".MD Boxt14. L. :IF MIX — • 1,.' wo+�.>rne� On COMMERCIAL AREAS ONUO y COLLECTOR STRUTS SEe NErf NtE�.,.r„ixEvaD —L•"--�'�� A•.:: J, ��'�y'----� EEEER CONCRETE SIDEWALK !ge, Ike ®no.m BBQ BOL N Ew1 E44, m� BOLTONagj [a®�eays " �..a BOLTON s.nmf NOTTO ® BOL N SSS_1 E ®kMENK 'xTON =kMENK .®kMENK �°i"uw°uS BOLTON - — CID -Ei° ° 0 sN ° fsi�i I'±: 1-- 1 ..E.-.:.Z4.tri:"-dr-',H- 0- ,:...,,. . IERM 'UMW %.".,=Iiii• 'a 7 . �a MUM/ ��A .N.o PltIPE ,...W •rte .,Nx wfANP . Na= ��"...vNu+.m _— ...ro .i1wv i E C BITUMINOUS rvPiuLsernox '—M..."""\ :Fa%...,1 QV MOTT,SOLE • .. STOP LSZELTsox c„....141,.B I sxv¢r ®131-ETM � Tv; — „ OLO .._ .�®BOL77ppnfsB ® O6 j �? _ .. ® OLO . , La ®� _ .. . B C: 8-D]] CS.Details (lk w` 3 m N 51_9 L 9JV Java Y 0it H3 �` I Y 1 ilk o n 3 uoj lnohzl n" 4n d �� w. m m m m m m m g lb in to. .n in in in in N NN N N N N N H $ A I . Q0 Ips i i 1 1 II Q w u. a N Bil Ai t i II ko, .c i _ H ip 1 - NI N aw* u 61 no_ DI i L3 < al v N N N sa d m 40. .40 & 0 0 Q 0 Z O O 0,z r C\1 Ci Z UQ 0 i ° C) >-- 0 w\L 0 �. 4) m O z N l z rlV�iy i- U � � w 0R 0 _c 0 .' -' 1,i I li ell Iquo oe6 �. 0 Q 0 Ei v/ v 0 N O N _I vi5 0 0 —1 [i a O M 6 p a o _ W el ._l J0 \ e \ Nk O 0 ea , co N co I 6 6 U CO LN c O L Ez L CN u C5Q �pNp NO. OF ORONO RESOLUTION OFFTHE C,IT§COUNCIL Z� O. 66 e ktSHO'- G• A RESOLUTION APPROVING THE GENERAL CONCEPT PLAN, AND GRANTING ZONE CHANGE,AND COMMUNITY MANAGEMENT PLAN AMENDMENT APPROVAL FOR PROPERTY LOCATED AT 2745 KELLEY PARKWAY FILE NO.LA18-000036 WHEREAS, Berkshire Partners, LLP, (hereinafter the "Owner") is owner of the property located at 2745 Kelley Parkway within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1,Block 1,City of Orono Addition,(hereinafter the "Property"); and WHEREAS, Orono Apartments, LLC, a Minnesota Limited Liability Company, hereinafter"Developer" o/b/o the Owner has requested General Concept Plan approval and Zone Change.Proposed is a rezoning from RR-1B PUD,One Family Rural Residential District Planned Unit Development to RPUD Residential Planned Unit Development District for construction of a 56-unit apartment building; and WHEREAS,the Developer has concurrently requested an amendment of the 2008- 2030 Orono Community Management Plan("CMP")to change the proposed land use from Office to High Density Residential and allow said development at a density of approximately 21 dwelling units per acre,where no residential density is prescribed in the CMP; and WHEREAS,on April 10, 2018 the Developer filed a complete formal application for a Comprehensive Plan amendment,rezoning,and concept plan on the Property; and WHEREAS,after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq.and the City of Orono Zoning and Subdivision Codes,the Orono Planning Commission held a public hearing for the application and reviewed it on April 16,2018, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission information, published for the April 16, 2018 meeting,including staff report and exhibits, is incorporated by reference; and WHEREAS,the Planning Commission on April 16,2018 recommended on a vote of 6-0 that the Council grant the proposed CMP; the rezoning to RPUD Residential Planned Unit Development District; and general concept plan approval subject to a number of conditions and Page 1 �O�CI CITY OF ORONO RESOLUTION OF THE CITY COUNCIL KS.N.„..... C.�- NO. 6869 t.4SHoi-t recommendations; and WHEREAS,the Orono City Council reviewed the sketch plan for the Property on February 12, 2018, and has reviewed the formal applications at its regular meeting on May 14, 2018; and WHEREAS, the City Council hereby makes the following findings in regard to this application for RPUD General Concept Plan CMP amendment, and rezoning: FINDINGS A. Community Management Plan Conformity; CMP Amendment 1. This application was reviewed as Zoning File#LA18-000036. 2. The Property is currently zoned RR-1B PUD. The Property contains approximately 2.55 acres. The CMP guides the property as office. 3. The property has sat vacant for many years; the city recognizes that there is not a market,nor is one likely, for office uses on the subject parcel. 4. The Metropolitan Council established density goals for the City of Orono, and the city responded by carefully selecting parcels at densities that would potentially allow for more affordable housing options.Metropolitan Council guidelines require an overall new sewered development density of at least 3 units per acre. In order to meet these goals, certain parcels within the Metropolitan Urban Service Area (MUSA)were guided for densities significantly higher than 3 units/acre—to allow those shoreland areas in the MUSA historically zoned and planned for low density, to develop at the 1-acre and 2-acre lot sizes desired by the City. 5. Recent developments within the MUSA have been approved at densities lower that prescribed in the CMP. 6. The city desires to identify additional areas appropriate for high density residential within the community. The rationale for the density increase at this site was primarily the location adjacent to a high-traffic roadway; the availability of municipal utility services; and the remote location from single family residential development. Page 2 liLO�p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s� �. NO. 6869 `ikESHO' 7. The City Council has reviewed the development proposal with regards to the CMP and finds that it meets a number of goals for housing as established within the Housing element of the CMP, including: - Provides opportunities for housing types, locations, and cost ranges which will meet the needs and provide adequate housing for a broader range of ages,family groups, lifestyle needs and levels of income to the greatest extent practical. - Provides housing types and residential densities consistent with environmental and land use plans and with the availability of public services and facilities. B. Rezoning from RR-1B to RPUD 8. The Property is located within the Metropolitan Urban Service Area(MUSA)and is intended to be developed using municipal sewer and water, a requirement of the RPUD zoning district. 9. Because the property is proposed to be reguided in the CMP for high density residential,the property should be rezoned consistent with the intended and guided use. The most appropriate zoning for the intended use is RPUD, Residential Planned Unit Development District. 10. The property contains approximately 2.55 acres. The property meets the lot size requirements of Zoning Code Section 78-626(1) for rezoning to RPUD because it is part of a larger Planned Unit Development, Stonebay. 11. Rezoning the property to RPUD Residential Planned Unit Development is appropriate based on the High- Density residential nature of the proposal, which meets the following general purposes of the RPUD District: a) incorporates flexibility in land development and redevelopment in order to utilize new techniques of building design, construction and land development; b) provides lifecycle housing with the potential to meet affordable and moderate cost housing needs; c) incorporates energy conservation through the clustering of buildings and land uses; d) preserves desirable site characteristics and open space; e) provides design compatible with surrounding land uses,including both existing Page 3 -VpNp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4$* NO. 6569 `•ktsH04'-. and planned; f) results in a sensitive development in the transitional area located between a high capacity roadway and the high density housing to the north; and g) yields development which is consistent with the Comprehensive Plan guiding for higher density than the typical urban and rural residential development in Orono. 12. Conformity with Zoning District Standards. In relation to the RPUD standards, there are specific guidelines for development in Zoning Code Section 78-626(7), including Setbacks,Height limitations,and outside storage limitations. However, the concept of a planned unit development process is to allow flexibility in design. Section 78-626(16)provides for flexibility in RPUD standards, as follows: (16) Flexibility. The uniqueness of each RPUD requires that specifications and standards for streets, utilities, public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them. The city council may therefore approve streets,utilities,public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements, if it fmds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health,safety or welfare of the residents of the RPUD,the surrounding area or the city as a whole. This proposed development concept requires flexibility from the RPUD district lot standards for attached dwelling units.The table below identifies specific standards which require flexibility, which the City Council finds acceptable: Page 4 �`ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 869 4kES H OQ:" RPUD District Proposed lot Flexibility Minimum SFR Standards Required? Standard Minimum project size: 5 acres 2.55 No Building Setback(Kelley 35 75.4 No Parkway) Building setback(Wayzata Blvd) 50 51.5 No Minimum side yard setback: 35 feet 36.7 E,62.6 W No Maximum FAR: 1 0.9 No Parking lot and driving lane 5 West,20 setback 20' north, 15 South, Yes 62 East 10%of gross project Private Recreational Area: area Cash proposed No Building height: Maximum of 30 feet 29'defined No Number of stories 3 (Max.) 2.5 No Hardcover 50% 55% Yes 13. Landscaping. The preliminary landscaping plan will be evaluated for compliance with the very detailed RPUD landscaping requirements.The preliminary landscape plans will need to be modified to meet the following standards: Required Proposed 78-626(14) Size Number Size Number Overstory 2.5 cal 34 2.5 26 Evergreen 6' BB 10 Shrub 3 gal 106 1 gal 131* 14. Parking Lot and driving lane setback. The Ordinance requires a setback of 20 feet for drive lanes and parking areas. The shared parking on nthe east does not meet the setback, nor does the parking nearer Keley Parkway. Both of these Page 5 %WNp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL e c:,fi NO. 6869 <1kEsHov-t parking areas are existing, or are proposed to be tied to existing. 15. Building Height. The building height as shown on the plan is 29 feet. The developer recognizes that the building may not be higher than 30 feet. 16. Hardcover. By virtue of the RPUD zoning, per 78-1701(4)(a) the property is assigned to Hardcover Protection Tier 4,which allows up to 50%hardcover of the gross lot area. The proposed hardcover is 55%, due in part to the complex residential use, and need for onsite circulation. The Council finds flexibility is appropriate given the high intensity uses surround the property (Industrial and Wayzata Blvd to the south,Condominiums and Public Works facility to the North.) If the parcel was not zoned RPUD, there would be no hardcover limitation due to the site distance from lakes. 17. Trail, and sidewalks . The sidewalk along Kelley Parkway from the west terminates near the NW corner of the site. This sidewalk should be continued to the NE corner of the site. A trail along the south property line is anticipated as part of the Stonebay project. Preliminary Hennepin County plans for the upgrade of Wayzata Boulevard include a trail along the north side of Wayzata Boulevard from Willow Drive to Old Crystal Bay Road, within the right of way. The applicants should expect that a trail will be required along their south boundary, with a possible connecting link to Kelley Parkway along the west edge of the stormwater pond. If the trail is to be located on public right of way, the developer should anticipate paying the portion of the trail equal to their front foot costs. 18. 10% Private Park RPUD Requirement. In lieu of the property owner providing 10% of the land in a private recreational component as required by the RPUD zoning, it is suggested that that a recreation fee be paid. 10% of the land value is $41,500. The donation should equal that, less the developers portion of the cost for the trail improvement along the south property line. 19. Stormwater Management. Stormwater management is proposed to be provided on site. The stormwater facilities will be subject to standard drainage easements. In addition to the City of Orono, the Minnehaha Creek Watershed District have approval authority over the applicants' stormwater management plan. Final stormwater plans will be subject to the recommendations and approval of the City Engineer. Page6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ¼ kESH91 NO. 6869 1't 20. The applicant has provided General Concept Plans and Drawings attached to this Resolution as Exhibits A-1 through A-8 including: Plans prepared by Weber Architects: Al —Certificate of Survey and Proposed Site Plan dated 3-16-18 A2—Landscape Plan dated 3-20-18 A3—Parking Level dated 3-18-18 A4—First Floor Plan dated 3-18-18 A5—Second Floor Plan dated 3-18-18 A6—Roof Section Plan dated 3-18-18 A7—Unit Plans dated 3-18-18 A8—Elevations dated 3-18-18 Council fmds that the plans submitted are generally sufficient to indicate the intent of the developer and the potential impacts of the project. 21 City Engineer Comments. General Development Plans and Final Plat approvals will be reviewed for conformity City standards. 22. The City Council finds that the development of this property must set a high standard for the quality, character, context and compatibility of development desired by the City for high density development in Orono. The Council finds that the proposed comprehensive plan reguiding, rezoning and proposed development of the property for high density senior use is appropriate for the property, will not have negative impacts on the surrounding properties when all Concept Plan Approval conditions are met, and is in keeping with the goals, policies and philosophies of the City. CONCLUSIONS,ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby approves the Amendment to the Community Management Plan, subject to the written approval of the CMP amendment by the Metropolitan Council. Failure to gain Metropolitan Council approval shall be cause to deny the applications for zone change and Concept Master Plan. FURTHER, BE IT RESOLVED, that upon Met Council approval of the CMP, the General Concept Plan, and Zone Change, for development of the property at 2745 Kelley Page 7 iii\JD40-0.41 CITY OFORONO RESOLUTION OF THE CITY COUNCIL NO. 6869 Parkway shall be approved, subject to the following declarations and conditions: A. Conditions. 1) Unless noted otherwise,plans shall be consistent with the project outlined in Exhibit A. Developer shall provide a final Master Development Plan for the development that conforms to all standards of the RPUD District except as modified herein,and shall demonstrate to the satisfaction of the City Council that all RPUD standards have been met and shall demonstrate where such standards have not been met, and shall satisfy the City Council that non- compliance with said standards is remedied in a manner acceptable to the Council. 2) Developer shall provide a final landscaping plan meeting all of the requirements of the RPUD District to the satisfaction of the City Council. Final landscaping plans will be reviewed for conformity with the RPUD standards. 3) Building footprints and styling shall be generally per the examples included in the attached Exhibit A-1 thru A8. Building shall meet all building and fire codes. Fire Chief shall approve all hydrant/connection locations. 4) Flexibility shall being granted for the hardcover and drive setback as noted in the Findings section above. 5) Applicant shall dedicate an easement for potential future public trail purposes over the southerly 10 feet of the property; this requirement may be waived pending resolution of the public trail question as part of the Wayzata Boulevard planning process. 6) Easements. Additional easement may be required by the City engineer to protect existing water and storm sewer infrastructure. 7) Utilities; Stormwater Management The Developer shall install stormwater management facilities generally as shown on the various attached plans. Developer shall provide suitable evidence of Minnehaha Creek Watershed District(MCWD)approval of the stormwater management plan before Development Plan and Final Plat Page 8 � p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �F NO. 6869 `�KESBOQ`� G Approval will be granted. The Developer shall provide sufficient drainage and utility easements as necessary to allow for future City maintenance access for stormwater management facilities. 8)Grading,Erosion Control a) Erosion control shall adhere to "Best Management Practices for Protecting Water Quality in Urban Areas" and to the approved SWPPP. All erosion controls as required by the City and the MCWD shall be in place prior to commencing excavation on the site. All such erosion control measures shall be maintained in working order until the site is revegetated. b) The construction limits shall be clearly marked with adequate fencing to prevent any construction damage or disturbance of any trees and vegetation outside of the construction limits area. 9. Plans and Specifications. a) Proposed plans shall be provided to the City for final review and approval with the Final Plan set. The Public Works Department and any other pertinent reviewing agencies shall review and approve all utility improvements. b) Any additional plans and specifications deemed necessary by the City as review progresses. 10. Fees required Water and Sewer Connection and SAC charges apply,based on the number of SAC units applied. These fees would be due at the time of Building Permit. The following fees are based on the number of SAC units, as determined by the Met Council, at the time of Building Permit: SAC $2,485 x SAC units=$TBD Water $4,240 x SAC units=$TBD Sanitary Sewer $5,100 x SAC units=$TBD Storm water trunk fees apply to new development and redevelopment of existing properties and provide funding for the storm water infrastructure necessary to serve Page 9 -9*4. OAtCITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4$ YNO. 6 8 6 7.krsHO= the City. The trunk fee is based on the land use and acreage of the property being developed. Residential>4 units/acre: $8,490/ac x 2.55 acres=$21,649.00 Private Recreational space is proposed to be addressed through a cash equivalent donation. B. This General Concept Plan approval is based upon the known issues that may affect this project,but this approval does not limit the City from revising or amending these conditions as the review process continues. C. This General Concept Plan Approval resolution approves the development concept subject to the applicant meeting the requirements of this resolution and all other requirements of the City. This resolution does not permit construction of the project illustrated in Exhibit A. Such approval shall only be considered when the City Council approves the Master Plan, after finding that all "Conditions for Development Plan Approval" as identified herein have been met. Adopted by the Orono City Council on this 14th day of May, 2018. Page 10 t,. /vp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6869 jq'rfsFt���. ATTEST' , , I • 0,0_, .... _ .....- 71 ,l Dennis Walsh, Mayor AWL (4ad1irl'---- Anna Carlson,City Clerk �f oes Applica•► (for Orono Apartment, LLC) STATE OF MINNESOTA } } ss. COUNTY OF MLLtor, ) The foregoiw instrument was acknowledged before me this /5—day of May , 2018, by Jo a. ..k , the A,p l;ca.n`t of Orono Apartments, LLC, a Minnesota limited liability company,on behalf drthe limited liability company. / 04_1 $' -itil2het.4440---,L N tary Pu • „iw<: NOMJ.D{ckhausen ► I .•06 't Notary Public ► o 1c :% Minnesota 0 i ►h osmium Expint January 31,2022 I Page 11 6869 Raolubon Exhibit n) I 1 CITY OF I CERTIFICATE OF SURVEY & PROPOSED SITE PLAN FOR z a WEBER ARCHITECTS g OF LOT 1, BLOCK 2, CITY OF ORONO ADDITION 3 $ KELLEY PARKWAY s HENNEPIN COUNTY, MINNESOTA U t 4WIZ eo ..n.a.K,.--sew o a n +- S 89.15'28" E .er'"`- ,-, - = - <2 T '� _n-- 377.31 Jftl° I'' O p $ o ORONO ADDITION i 00. �.�,`_R s i**40 •ItMillt i ..' • v-1, �• ~_, ^ a1,e u, 8 ;i it —11111110 t.�,_ V , . 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T41 i l� 1 5 r ' a 7...jA1 ,- 11UNIT 2 .. = r 9��_ 1IYUNIT 6 i� � —; vs - it _. i= alio ”. i — -i UNIT 2 1 - r 1 h 6 I • UNIT 21'1 si' J 9 4 fitIli �1 __r UNI $ UNIT 2 - ., _ - E — - _ . UNIT 2 a Fa .4 T7 is I. al � r �I 1 � ) I ' I 1 40. mom t il Il mi I i ] I - ii ! - '�1- 4. " 4.v- iii ��� { 1 r; =- STORAGE (- gg ' ICI I _ , I a -=y A STORAGE _ ... _, a_' . �' I UNIT 2 -�" ang ' 15A-1147 UNIT 3 5' 1 PI l rI �`1 ill �` �l " r '""' ; `_t ;- �} I.04 i—( 0: _�i_ Iti r 1.a rJ . .v1 ; ! '.r, 1 �. i ` I .�t O 1 4. u ,. , , - "rj - , • , / -, , r cs) Y, , v ,.I i j I ILI" 4 Cia'! UNIT 6 UNIT 5 UNIT 8 UNIT 9 UNIT 10 UNIT 6 UNIT 7 UNIT 4 ORONO FIRST FLOOR 0 30 90 APARTMENTS 10 60 2745 KELLEY PARKWAY WEBAV ORONO, MINNESOTAfig„. 2 18 MARCH 2018 III --- -- _ _ i 68L, Resolution Exhibit A5 I 8-000036 UNIT 1 UNIT 1 UNIT 1 UNIT 1 C701) VI -J`,.-. ICF;l i i�� 4,�c:-.,1 .4:1 t4 .- Il ..l i. Co .,dal LI -- Ri0, jail &. 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' : ::copp pl.- 9 UNIT 6 UNIT 5 UNIT 8 UNIT 9 UNIT 10 UNIT 6 UNIT 7 UNIT 4 ORONO • SECOND FLOOR • 0 30 90 ,,1 APARTMENTS din-i•--11-00-71--- . iii 10 60 1.. 2745 KELLEY PARKWAY ORONO, MINNESOTA WEBER 3 h1O1•a.s pl..... 18 MARCH 2018 101a+0.1.F.IMP ^103••••*"'^""0ie'" ,.. _.. 6 8 6 9 Resolution Exhibit A6 16-000036 —> f 6'0" -71..—"X"--"— 6'0" ROOF APARTMENT 1- ............T:-.'''......"."'s. .. 7' i APARTM �'r . ilIIIN1 N - APARTMENT APARMNT 30'0" _ NOR NT APARTMENT i 70'0 w 10'I�111111110 I I „1 APARTMENT APARTMENT _,1(_ 1111 8 11111 11 III . ,, 4'0" i J • .1 . PARKING GARAGE PA�KGi�6A1FAa8 .Li- . `. - Eth- SECTIONS _ i lilt - - 11 T- (n--- , �. )I t •�. ry -.f �1 '•.• a I�mo,,��{{ }fin 1 4 j I i 1.,:. 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ORONO ' 1 HEREBY CERTIFY THAT MEI PumSPECIFICATION ` p ..off' I „ APARTMENTS : AfilLw g SUPER/1E30N AND THAT I AM A OILY architects 8 planners } U THE LAWS OF THE BTAIE OF MINNESOTA. , 2745 KELLEY PARKWAY 2280 Waledowo Road,Long Lake,MN 55968-9419 • DATE ORONO, MINNESOTA S522.47E4434• Fax 952.478.5869'nwetwet wia.com NEIL MEM RB3111TRAT10N rl lxxi ,., H 29,6 • . . ,_ 6 8 6 9 . , Balcony , • . 1--_ M-lr x 5'-O" t . . , dmmummilMI11111011111 1-..--II'in isimmumm , . . ._. r o 0 111 —rtii _ 0 VP - N .°" E.4, 4 r E--I 1 0 •. . ...fi Bedroom 10'-ex•11'-fr 1 . • • rr 1 , (NV/lOthen 22-10"X 1T-r 1 - I 1 I -_- _-__ Pill! I MC I • . WIC IWO'x4'-r ! . WR I , . . • • 111Bedroom 17-lx 10-1O , ..._ i I .. .._. i Bathroom — II ----------. Baevoo'm IND 5"-Er x 97' , . 84.1r x 1 V-3'' . Foyer 111 1111) • • • • . . . . , . ORONO , . UNIT 3 , , . . . . , 1 . . • , . w I HEREBY CERTIFY THAT THUD Pliat,IIPIECIFICATION OR , APARTMENTS : .. • r • REPCMT WM PREPARED MY ME OM UMW MY DIRICT • gummy=THAT I ANTEOL1011,;(RIMIBURIID. AROIIITECT.' 2745 KELLEY PARKWAY . , • II architects & planners . I ORONO, MINNESOTA • . 2280 Watertown Real,Lang Lake,MN 65358-0419 134,75 HI MARCH 2015 952.4784434-•Fax g32.478.5863*nweberarchtetle.com REn.meet AA REOMTRATION #11328 . ' . • . • • :. . -- I • s• 6 .869 . . , , , • • . • 1 WE - 5% x5'.9" • 2" i 1-514711"egn-r:F.-9:2 11 . . •L , 1 . , . _. . Bedroom • ,. .4, • . • 1 1'47'x 1170 - ----------- • 1 D - .. ..... . . .. . -. . , -_ • ' Coate 0 • i -- — ., . 1 L_I pew -13-01x lotr Foyer - . . . . 111 [ ' ] llI(—I . I LT• ' — LI L_J L_I• • OW I wic I Balmy Bathroom I I 5.-0" Er-2' •O•x W-r 1 • . ..- . ' • Fik 1 ! ‘/ 1 . ... . r# • .... a 4 L"A • ' ..11 \ N . . . . • Ill il . , Bolroom lacr x MP Ell I '. . Ell I . _ . . A pi - . 0 7f) . rmrfil ....,!...). . • • • • 11111111.111.111..... .1111.111.11111.iiMMIIIIMME • .. • „ . • , • !. ", • UNIT 4. . ORONO , 1 . . , . • ; , . . . , i• .APARTMENTS I HERESY CERTIFY MAMA RAC STISCIFIPATION OR , . • WEBER' , 1 REPORT WAS INWPARED IN kr OR MAR MY DIRECT • SUPERVISION AND THAT I AM A DULY NRIIMITERED PAIIHRIPOT' • • UPCEIR TTE LAVA OF THE STATE OF MINNESOTA. 2745 KELLEY PARKWAY i - aiehltocts&planners • i • ' ORONO, MINNESOTA . ' 220 Watotown Road,Iwo Lake,MN 55358-9419 DATE . 952A71.4434•'Fax 952470.5053‘nweweberarchltects.com WEIEWFIW. —REGETTPATION F113211 is macs 2011 . . . . 1 • 6869 ,1:__ - ` Coats L • _ _ ) •.. . T iatr 19'•8'x17.9" I° 0 -- Bathroom : 9`x 10'-4" (fel I I wto I L �f�l 1•- 'Qj0 (((I W� T-T x 4'-8' Tech Niche ' ' haskilli)"roe Living 13'•2"x14.-0" 0 . . • Bedroom 10'•5*x 11'•0' ' 1 Ile Ji!i1iI • Terrace 24'-0"x 8'-0' • • UNITS ORONO • . HEREBY CERTIFY THAT Win PLAN.SPECIFICATION OR , APARTMENTS';.. ` o QEF? '. REroRTMrAs SUPERVISION MID TtNT I Mt joME sNEXISTERED ARCHITECT' 745 KELLEY PARKWAYECT architects S planners UNDER THE LAWS CC STATE THE MINNESOTA. ORONOr MINNESOTA 22E0 water,Road•Long Lake,MN 55958.8419 OATE 1e/SAWN 2015952.471.4434• Fax 952.478.5883.*nw weberarct tectLCo n • NEIL WpIER.ASA REotsrteA'noN mime 6869 . • •. /\. T lir lin. 0 l • Bedroom BiAhman I 10'-8"x 10'-5' 10.10"x 5-9• WIC 4'-4"x 9-10" \, HI Coats - - -t I s 1i' IMill Balcony i • \%N \% + + • +6.0"x 10'-0" L. �J IT IIa !4, 0 117 1 . I 1 I •:, 12-8 ��13'-4" Living I I I . • 0 AEI - -4 • L • ORONO UNIT 6 • APARTMENTS Ii • HEREIOY SERI PY THAT TM Pk*"SPECIFICATION OR w g p �" REPORT WAS supetwoopi AND; ° O CT 1745 KELLEY PARKWAY LINDERTHE USW OFT ESTATEOF"M OTA. DRONO, MINNESOTA architects & planners • Ill MARCH su 2280 YVetetboval Fuad,Long Lake,MN 55356.0419 DATE WM474.4434• Fax 951.478.6883 rn NEIL W BER. REol31 BATON *11578 1 • . 6 8 6 9 • . • . ipppi . . . . • 0) . , - 10tcrien 00 1T-Fr x 13'-0' --: . 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UNIT 7 • . . . . , ORONO . , I HERESY CERTIFY THAT THIS FL"SPECARCATION OR APARTMENTS 3 r.2 4 3 rzi . fililk E LI E • I 1 REPORT RA8 PIVIPMAIED WY ME OR UMW MY DIRECT .i SUPERVISION AND THAT I AM A OILY NESISTERED AROSTECT psvAff tem i =‘, raAri MIER THE LAwS OF THE STATE OF MINNESOTA. &I..Pi.P MGL.L.G I Arlif%KWAYarchitects & planners ORONO, MINNESOTA 2250 Watertown Road,Long Lake,MN 65558-9419 NEIL WEBER.NA REAGIYAA TION #11325 IS INUtCH 211111 952.,476.4434• Fax 9476.5553 a nw@webeterchttects.com i • • • _- _-_ ` 6 8 6 9 17-8"x5-0" ----/ 1 , ' HI i i__ _ At I I)) B 10c5"x 10%9' ' 0 _ li 14•0"x 14'0" 1 1 WIC Desk/ 1 7'-7"x 4-10" 1 ech Center I I 1 I Io I 0 (((Cl H 0I0 BathroomW D I p • •'-8 x is 4• �({r' I L_ Kitchen I ' :O 14'-8"x 12-8" I t Coad r — -- —n • - • UNIT8 • • ORONO • - - • I HEREBY CERTIFY THAT THIS Pt"assanCAT10M OR APARTMENTS �. o 4 E D REPORT WAS PREPARED WY/SE OR UMW MY DIRECT V1/ o E SUPERVISJONNgTHATIMAADULY�GIST 2745 KELLEY PARKWAY UNDER THE LAWS OF THE STATE OF 1eS9i9OTA. architects& planners .. 1 ORONO, MINNESOTA 2280 Watertown Road,tong take,MN 55358-9419 DATA n MARCH 2018 982..478.4434••Fax 952478.5863•+rw®weberarchttecte com !. NEIL.WEBER. REGISTRATION t1 is25 • --- -- -_ 6869 -.____._ea,00„y 946"x 54Y 1 1 I 6, - - 1 i I Qp ' o Aurtr. �o lir . ..) iv(N.\ ,45,0 " Living o 21'-4"x 13'-3" • I0, II— rr� l � l ' WID Sleeping 1043"x 8'-7" • • `J 9a»xnom . 5'-10"x 19'-0" O•' ' ir WI I • T-2'x 4'40" I C __9 _ UNITS ORONO •. HERESY CERTIFY TEAT THIS Pt"SPECIFICATION OR APARTMENTS ' ' OwEiRgR. . L. REPORT WASPAWNE3DSY EORUNDERWEARECT lUNDSUPRTHEL A S TNATI MA STAOULYEOF AINNESOTA. ; 2745 KELLEY PARKWAYuNoaR TIE uwe 01�THE srATe of w+�so�rti . architects a planners ,ORONO, MINNESOTA owatert 'w1 Road,Long Lake,MN 5685849419 OATS 152.47SA434••Fax 952.478.6868 nwewabotwahltects.com NEA.WEBER.MA R TRATION SI1328 I/MARCS 20111 • • 6869 r-----51 ems I ' ,--i. „ r 11411,1: 4 4. . .i i T _ • r:),9af,ocm1 Kitchen I• i 11•x1a-11 j 14'-0'x tsr ' - IN r i i L i °-1'x1-E Bathroom lk. fo. 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Street Address: Mailing Address: Telephone(952)249-4600 'S�, 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 !� F Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us KESHOR February 3, 2020 Neil Weber 2280 Watertown Road VIA EMAIL Long Lake, MN 55356 nw(a,weberarchitects.com Re: Orono Apartment File#LA20-000001 The City has received and completed its' review of plans for the proposed Orono Apartments,planned as an RPUD. Staff's analysis is based on the applicable RPUD requirements, and/or the Councils approval of the general development plan. (The numbers in parenthesis after each comment correspond to the applicable subparagraph of section 78-626). It is expected that these items be addressed prior to the City Council meeting, unless otherwise noted. It is anticipated that the City Council will review this application at their meeting on March 9th. 1. Engineering comments provided by Bob Bean in his letter of January 23,2020 shall be addressed as indicated. 2. Staff has reviewed the landscape plan submitted. The RPUD code includes specific requirements of the landscaping plan. They can be found in Section 78-626 (14). The plan should be adjusted to meet the following requirements: Landscape plan requirements. Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city, drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings, parking lots, roads,trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location, approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols, quantities, common and botanical names, size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features,including berms,fences and planter boxes; 8. Details of restoration of disturbed areas,including areas to be sodded and seeded; 9. Location and details of irrigation systems; and 10. Details and cross sections of all required screening. -Items in bold are not shown on the landscape plan. 3.Additional landscaping related comments include: a. Based on the size of the building and the size of the site 10 coniferous trees,these must be 6 feet in height are required. (14b) b.Additional understory shrubs are required, in particular along the parking lot fronting Kelley Parkway. c. Landscaping performance security is required, equal to 150%of the landscaping and screening costs. d. Please provide top and bottom of retaining wall elevations. Retaining walls higher than 4 feet will need to include engineering. (14f) e.An escrow agreement for the landscaping improvements will need to be established, and a security valid for two years after installation will be required. (14e) 4. The existing dumpster enclosure needs to be screened. (15.a5) 5. How will trash be handled? Will there be a collection area in the parking garage?(15d) 6. I will need to confirm the building height with full plans. (7b) 7. A covenant document will need to be signed and recorded that: (7c, 14d) a. Prohibits outside storage. b. Maintenance of the building and grounds. 8. Please confirm building materials and colors. (15a) 9. The general master plan resolution noted the provision of a cash donation in lieu of providing private recreation area. That amount was determined to be$41,500. (11) 10. A signage plan should be prepared,and include freestanding and building signage. (13) 11. Please indicate on the plans where the mechanical units are proposed. These should be fully screened from view. (15d) 12. A Lighting Plan is required. The Plan should feature shoebox style lights in the parking lot with no measurable light beyond the property line. (20) 13. The sidewalk along Kelley Parkway will need to connect to the existing sidewalks on either end. Some field adjustment may be necessary. (21) 14. The trail along the south of the property will be constructed in the Right of Way as part of a different project. I recommend this project connect to the trail near the parking lot on the west end of project. (21) 15. The City will begin development of the escrow agreement (see comment 3c above), and the covenant (see comment 6) documents. These and the applicable easements will need to be signed, as will the security and private recreational funds provided prior to building permit issuance. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Jeremy Barnhart,AICP Community Development Director BO LTO N 2638 Shadow Lane J , Suite 200 Chask & M E N K a, MN 55318-1172 Real People. Real Solutions. Ph: [952)448-8838 Fax: (952)448-8805 Bolton-Menk.com January 23,2020 City of Orono Attn:Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Site Plan Application#LA18-000036 2745 Kelley Parkway Engineering Review#2 Dear Adam: As requested,we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments,and recommendations for your consideration: Items to be completed prior to Approval 1. The Final Stormwater Management Plan, approved by MCWD, must be submitted to the City for their records. 2. Drainage and Utility Easements must be provided to adequately cover utilities as follows. Exhibits and descriptions should be submitted for review,and after City approval,easements should be recorded with the County. a. Watermain,hydrants,and valves(except private service lines) b. Stormwater management facilities used to meet governmental requirements 3. A 10' trail easement must be provided adjacent to the south lot line. Exhibit and description should be submitted for review, and after City approval, easement should be recorded with the County. Items to be completed prior to Construction 4. A separate City permit must be obtained for the sanitary sewer and water connections. 5. The condition of the regional pond east of the site must be reviewed by the City and Contractor prior to any work. The pond bottom must be verified with survey prior to any work,and once work commences,the Contractor shall be responsible for removing any sediment added to the pond due to site construction. 6. The condition of Kelley Parkway and adjacent sidewalk must be reviewed by the City and Contractor prior to any work and verified with video or pictures. Any damage to the street or sidewalk after work commences shall be deemed to be caused by the Contractor and the Owner's responsibility to repair. 7. All work within public right-of-way and connections to watermain must be coordinated with the City. Contractor must provide a minimum 48 hour prior notice. 8. All construction equipment must be parked on site. Clear drive lanes must be maintained on Kelley Parkway at all times. 9. Temporary barricades must be installed at the west entrances to direct traffic through the rock H:\ORNO\C13115486\z-LA18-000036_2745 Kelley Parkway\2745Ke11eyPkwy-2_2020-01-23.docx Bolton&Menk is an equal opportunity employer. Site Plan Application#LA18-000036 2745 Kelley Parkway Page 2 entrance until the site is permanently stabilized. 10. Extent of removals at connections to existing pavement shall be coordinated in the field with the City prior to any work. Concrete sidewalk removal limits shall be located at a joint. Bituminous pavement should be saw-cut for clean match lines. 11. Once the sanitary sewer stub is exposed and location, size, and elevation are field verified, layout and design of service connection must be submitted to City for review and approval prior to construction. 12. The Contractor must submit a Site Management Plan prior to work. The plan must outline concrete management,work that will require dewatering, and any other work requiring protective measures to minimize potential for negative environmental impact. 13. The Contractor must be required to submit a Traffic Control Plan prior to work. 14. The applicant will be required to obtain a General Construction Permit(NPDES)to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit must be submitted prior to any land disturbing activity. 15. The applicant must submit a Maintenance Agreement for all stormwater management structures and facilities, listing the City as a party to Agreement. The agreement should define maintenance responsibilities following completion of project,specify types and frequencies of inspection and maintenance activities,and designate who will conduct inspection and maintenance activities. If you have any questions or comments,please contact me to discuss. Sincerely, Bolton & Menk, Inc. -6::ZOteg Robert E. Bean,Jr.,P.E. Water Resources Engineer H:\ORNO\C13115486\z-LA18-000036_2745 Kelley Parkway2745KelleyPkwy-2_2020-01-23.docx Bolton&Menk is an equal opportunity employer. architects 8. planners PO Box 930,Wayzata, MN 55391 952-476-4434 nw@weberarchitects.com RE: Site Plan Application #LA18-000036 2745 Kelley Parkway Engineering Review#1 Dated 24 April 2018 Robert E Bean, Jr. PE Bolton & Menk This memo addresses the comments made in the Engineering review letter dated24 April 2018 by Robert Bean (Bolton & Menk) A. The following items will need to be addressed by the contractor in a Pre-Construction meeting before site construction starts; #2, #3, #4, #5, #6, #7, #10, #13, #23, #24, #28 (Please let us know who should be included in such a meeting.) B. #1 and #25, #26, #27....These items has been addressed with the MCWD and we have obtained a permit. See Attached. C. #8, #9, #11, #12, #14, #15, #16, #17, #18, #19, #20, #21....All of these items have been added to the Civil Documents. D. #22...Landscape plan as previously approved Neil Weber, AIA Weber Architects & Planners, LLC cc. Adam Edwards, Jeremy Barnhart Attachments; MCWD permit approval, Civil Documents BOLTON 2638 Shadow Lane Suite 200 1 & M E N K Chaska, MN 55318-1172 Real People.Real Solutions. Ph: (9521 448-8838 Fax:(952)448-8805 Bolton-Menk.com April 24, 2018 City of Orono Attn: Adam Edwards 2750 Kelley Parkway Orono, MN 55356 RE: Site Plan Application#LA18-000036 2745 Kelley Parkway Engineering Review#1 Dear Adam: As requested, we have completed an engineering review of the documents submitted for the above referenced project. We offer the following observations, comments, and recommendations for your consideration: 1. The regional pond located to the east provides rate control for stormwater runoff from this parcel. Due to rule changes since the pond's construction though, stormwater management measures must now be included to limit runoff volume and discharge of Total Suspend Solids and Total Phosphorus to that of existing conditions. The proposed stormwater runoff management plan will provide volume and pollutant control as required. 2. A separate City permit must be obtained for the sanitary sewer and water connections. 3. The condition of the regional pond east of the site must be reviewed by the City and Contractor prior to any work. The pond bottom must be verified with survey prior to any work, and once work commences, the Contractor shall be responsible for removing any sediment added to the pond due to site construction. 4. The condition of Kelley Parkway and adjacent sidewalk must be reviewed by the City and Contractor prior to any work and verified with video or pictures. Any damage to the street or sidewalk after work commences shall be deemed to be caused by the Contractor and the Owner's responsibility to repair. 5. All work within public right-of-way and connections to watermain must be coordinated with the City. Contractor must provide a minimum 48 hour prior notice. 6. All construction equipment must be parked on site. Clear drive lanes must be maintained on Kelley Parkway at all times. 7. Temporary barricades must be installed at the west entrances to direct traffic through the rock entrance until the site is permanently stabilized. 8. Drainage and Utility Easements must be revised to adequately cover utilities as follows: a. Watermain, hydrants, and valves(except private service lines) b. Stormwater management facilities used to meet governmental requirements 9. A 10' trail easement must be provided adjacent to the south lot line. 10. Extent of removals at connections to existing pavement shall be coordinated in the field with the City prior to any work. Concrete sidewalk removal limits shall be located at a joint. Bituminous pavement should be saw-cut for clean match lines. 11. A concrete apron must be installed at the new connection to Kelley Parkway per City H:\ORNO\C13115486\z-LA18-0000.3_2745 Kelley Parkway\2745KelleyPkwy-1 2018-04-09.docx Bolton&Menk is an equal opportunity employer. Site Plan Application#LA18-000036 2745 Kelley Parkway Page 2 requirements, and a detail should be included accordingly. 12. Pedestrian ramps must be provided on the sidewalk adjacent to Kelley Parkway at the connections to the driveway entrances and on the accessible routes to the building, and a detail should be included accordingly. 13. Once the sanitary sewer stub is exposed and location, size, and elevation are field verified, layout and design of service connection must be submitted to City for review and approval prior to construction. 14. In order to limit potential for sewer blockages, a grinder pump should be included prior to connection to public sanitary sewer. 15. The final location of fire hydrants,valves, and fire connections must be reviewed by the Fire Chief. 16. Due to heavy soils in the area, the applicant should consider installing finger drains at low point inlets, and a detail should be included accordingly. 17. Pretreatment of runoff should be provided at the curb cut to the Area 3 rain garden. A Rain Guardian or similar device should be considered for this location. 18. Additional information should be provided for the proposed draintile to adequately define pipe characteristics (i.e. invert elevation, diameter, material, slope, etc.), and a detail should be provided to depict the typical section. 19. Additional information should be provided to adequately define rain garden construction. A detail should be included to define the typical section, and sequencing notes should be included to define installation procedures and schedule. 20. The trunk storm sewer on the south side of the parcel should be indicated on the plans. 21. The rain gardens should be revised as follows: a. The inlet east of Area 3 rain garden should be relocated to inside the basin 0.75' above the basin bottom. b. Catchbasin inlets should be installed for Area 4 and 5 rain gardens to provide the primary outlet. Inlets should be located 0.75' above basin bottom and connected to the trunk storm sewer line on the south side of the property. c. Surface overflows should be provided for the rain gardens at the 100 year high water level. 22. A Landscape Plan should be submitted to verify adequate restoration and plantings are provided. The final locations of trees should be coordinated to avoid conflict with utilities, and native vegetation should be considered for the rain garden areas. 23. The Contractor should be required to submit a Site Management Plan prior to work. The plan should outline concrete management, work that will require dewatering, and any other work requiring protective measures to minimize potential for negative environmental impact. 24. The Contractor should be required to submit a Traffic Control Plan prior to work. 25. The applicant will be required to obtain Minnehaha Creek Watershed District(MCWD) approval and permitting. A copy of any approvals or permits required should be submitted conditional to Final approval. 26. The applicant will be required to obtain a General Construction Permit(NPDES)to discharge stormwater associated with construction activity since more than 1 acre will be disturbed. A copy of the permit should be submitted prior to any land disturbing activity. 27. The applicant will be required to submit a Maintenance Agreement for all stormwater management structures and facilities. The agreement should define maintenance responsibilities following completion of project, specify types and frequencies of inspection and maintenance activities, and designate who will conduct inspection and maintenance activities. 28. Record drawings must be submitted upon completion of the project. H:\ORNO\C13115486\z-LA18-0000.3_2745 Kelley Parkway\2745KelleyPkwy-1_2018-04-09.docx Bolton&Menk is an equal opportunity employer. Site Plan Application#LA18-000036 2745 Kelley Parkway Page 3 If you have any questions or comments,please contact me to discuss. Sincerely, Bolton & Menk, Inc. Robert E. Bean,Jr.,P.E. Water Resources Engineer H:\ORNO\C13115486\z-LA18-0000.3_2745 Kelley Parkway\274SKe11eyPkwy-1_2018-04-09.docx Bolton&Menk is an equal opportunity employer. fiiM/ architects 8. planners PO Box 930,Wayzata, MN 55391 952-476-4434 nw@weberarchitects.com 1 January 2020 RE: General Plan Approval File # LA18-000036 Orono Apartments The Concept Plan Approval given this project had the following conditions (pages 8,9 and 10) that have now been completed; 1. Final Documents: See attached documents which complete the project to match Concept plan approvals. 2. Landscape Plan: See Attached 3. Building Footprint and Style to match previously approved plan: 4. Hardcover: Hardcover has not changed since the initial approval. See documents 5. Trail Easement: Easement has been added to Civil documents 6. Additional Easements: Easements have been added as per engineers review. 7. Utilities/Stormwater Management Plan: See attached Civil and SWPPP Plan 8. Grading/Erosion Control: See attached Civil and SWPPP Plan 9. Plans and Specifications: See attached documents for Architectural/Structural/Civil/Stormwater 10.SAC Determination: See attached determination from Met Council Neil Weber, AIA Weber Architects & Planners, LLC MILANEH HA, CREEK , ) WATERS EDO,. IS 'RCT QUALITY OFWATER 2.c---,--- 7,-7;''' QUALITY O,f: LIFE April 5th2019 ,.: Orono Attm LLC 307 Lakeshore l ,ulevard Wayzata,. l..5 1 ., Attn: Neil eber,Weber Archite�� Planners RE: NoticeofConditional:i roval for MCWD Permit Application#18--343:.2745 Kelley Pa�ray, O no Dear Mr.Weber, Thank you for submitting-an application for a Minnehaha Creek watershed District( CWD)permit for Erosion Control a S i2riiwater Man gement for the proposed commercial development mated at,the above referenced amass,Tile 0':'I''blf-'notice period for the permit closed ah March 25,11/2019 and review of this application as concluded The'MC tD has deemed the,application complete based on the plans dated Aarch, 0;2019 received at the District office on March 20,2019.The complete date was April5th 2019.Therefore e!applic on is approved With the following conditions: s Reimbursement of fees(invoice to be sent s rate • Sub ission Of financial assurance(amount and template to be sent separately) Submission o'fa executed Maintenance Declaration for Stor`htwaterFacilities. (template to be sent separately) •: ' Submission NPDES permit coverage • ` identification of Contractor rnsible for maintaining the erosion=control plan o Ma "e,organization,phone number,email.address Once the above mentioned materials have been submitted and all permit conditions have been met, staff will i theeriit. You are reminded that work on the project cannot begin until the permit has been issued The approval expires one year°from the date of this letter .if final Miinicipal airoval of the project results'n hanges°to the project you must submit revised plans to tfte htlC D for revievt, Please contact meat hquitun@minriehahacreek.org or 952-641-41504 if you have:any questions or concerns.: :;.. Resafully, • Heidi Quinn Permitting Technician We collaborate with public and private partners to protect and improve land and water for current and future generations. 15320 MinnetonkalkiuleVaitl.MinnetonkaMinnetonka,MN'55345 i(9521471-059i1 Falf!t9gs?1471-fFR7 wutitorninnmhmhmerm6.ow BVI I N E HAHA CREEK 1 ATERSHED D T' 1 T QUA'LIIT�Y OF WATER ' ,` QUALITY OF LIFE CC:Mark Gronbbrg,Gronberg.&Associates Melanie Curtis,City of Orono _ . Christine Mattson,City of Orono Anne Wilkinson,Werick We collaborate with public and private partners to protect and improve land and water for current and future generations. 1Ka9F1Ainno+ntfnR.sstlmrsriiAik1dn6LCOdC int a\ e^fa nrv� .... [MAINTAIN 4"MARGIN] DECLARATION THIS DECLARATION (Declaration) is made this day of , 201_, by and INSERT NAME OF PERMITTEE], a(n) [INSERT DESCRIPTION OF PERMI ITEE E (e.g. "a Minnesota limited liability company"or"individual"] (Declarant) in favor of the Minnehaha Creek Watershed District(MCWD), a special purpose local unit of government with purposes and powers pursuant to Minnesota Statutes Chapters 103B and 103D. RECITALS WHEREAS Declarant owns real property within the City of Orono, Hennepin County, Minnesota, platted and legally described as: [INSERT LEGAL DESCRIPTION) (the Property) and no one other than Declarant, [NAME HERE ANY PARTY OTHER THAN DECLARANT(FEE TITLE OWNER) HOLDING AN OWNERSHIP INTEREST IN THE PROPERTY AND ATTACH A COMPLE 1'LD CONSENT ANDSUBORDINATION FROM EACH], has any right,title or interest in the Property; and WHEREAS, the Property constitutes the entirety of the land to which MCWD Permit# 18-347 applies; and WHEREAS,the Declarant desires to subject the Property to certain conditions and restrictions imposed by the MCWD as a condition to issuance of Permit#18-347 for the mutual benefit of the MCWD and the owners of the Property. NOW,THEREFORE,Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied and conveyed subject to the covenants,restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right,title or interest in the Property, and their heirs, successors,personal representatives and assigns. All features requiring maintenance identified on the scaled site plan for the Property attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance with as follows: 1. STORMWATER FACILITIES a. Raingardens,infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be inspected annually to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. b. Grit chambers,sump catch basins and sump manholes. Grit chambers, sump catch basins and sump manholes will be inspected in the spring, summer and fall of each year. All sediment and debris will be removed as needed such that the stormwater facilities operate as designed and permitted. c. Reporting. The Declarant will submit to the MCWD annually a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. 1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD for performance under this Declaration, and the MCWD may seek any remedy in law or equity against the Declarant as long as the declarant owns the Property and thereafter against the property owner to enforce the Declaration. 2. "Property owner" as used in this Declaration means the owner of the property on which is located the facilities to which the obligations herein apply. 3. Recitals. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARANT: (signature) BY.:, ,rant name) rMw o nation) [DELE.i E SECTION HIGHLIGHTED IN BLUE IF SIGNING IN.AN INDIVIDUAL CAPACITY: INCLUDE COMPLE L )SECTION-IN,BI;UE FOR A INCLUDE EDGE ENT IN ARE! SEN` AT CAPACITY,E.G.,AS ANyOFFICER OF A'COMPANY)] State of County of This instrument was acknowledged before me on date b name s)ro p e sons -ay.:- �_ �,."� 0 E -' ;s.. `-.fi is , �. „ s!..' -,� f ': (DE+ ATG SECTION HIGHLIGHTED TN BLUE FOR ACKNOWLEDGEMENT IN DI IDUAL CAPACITY,INCLU. E COMPT, j E D SECTION TN BLUE AOR ACKNOWLEDGEMENTIN A REPRESENTA CAPA_..,...--„Ed.,AS AN OFFICER OF A CAMP (Signature of notarial officer) (Stamp) Title (and Rank) My commission expires: This Instrument Was Drafted By: [INSERT NAME AND ADDRESS OF WHOEVER FILLED OUT THE TEIV1PLATE] CONSENT AND SUBORDINATION , a Minnesota corporation,the holder of a mortgage dated , [filed for record with the County Recorder] County, Minnesota on , as Document No. ,hereby consents to the recording of the attached Declaration and agrees that its rights in the property affected by the Declaration shall be subordinated thereto. IN WITNESS WHEREOF, , a Minnesota corporation, has caused this Consent and Subordination to be executed this day of , 201_. (authorized signature) By: (print name) (title) of (company or organization) State of County of This instrument was acknowledged before me on (date) by (name(s) of person(s)) as (type of authority, e.g, officer, trustee, etc) of (name ofparty on behalf ` hom the instrument was executed). (Signature of notarial officer) (Stamp) Title (and Rank) My commission expires: ESCROW AGREEMENT Between the Minnehaha Creek Watershed District and This Agreement is made by and between the Minnehaha Creek Watershed District, a watershed district under Minnesota Statutes chapters 103B and 103D (MCWD), and a (Permittee),to establish a cash escrow in fulfillment of financial assurance requirements under MCWD Permit no. 18-347. Recitals A. Pursuant to Minnesota Statutes § 103D.345,the MCWD has adopted and implements permitting rules governing development and other activity within the boundaries of the MCWD that may have an impact on water resources. B. MCWD rules require as a condition of permit approval that a permittee provide and maintain a financial assurance in the form of a bond, letter of credit or cash escrow for the purpose of covering costs the MCWD may incur in monitoring and inspecting activity under the permit and in responding to violations of MCWD statutes, rules, permits and orders. C. This Agreement documents that a cash escrow has been submitted by Permittee or on Permittee's behalf to fulfill a financial assurance obligation under Permit no. 18-347 and specifies the conditions and procedures under which the MCWD will hold and may draw on the escrow. Permittee and the MCWD, in executing this Agreement, concur that it is legally binding. Agreement 1. Permittee has submitted a cash escrow in the amount of Five Thousand Three Hundred Dollars ($5,300). One Thousand Five Hundred Dollars ($1,500) for the Erosion Control rule and Three Thousand Eight Hundred Dollars ($3,800) for the Stormwater Management rule. The MCWD will hold the escrow in an escrow account where it may be commingled with escrow funds held by the MCWD on behalf of parties other than Permittee. The MCWD need not hold the funds in an interest-bearing account and Permittee will not be entitled to interest on the escrow. If the escrow is submitted in a form other than cash and the escrow amount is not credited promptly to the MCWD account,the MCWD may declare this Agreement null and void by written notice to Permittee. 2. Additional escrow funds will be submitted by Permittee or on Permittee's behalf, and unused funds will be released to Permittee, in accordance with the MCWD Rules and duly adopted resolutions and policies of the MCWD Board of Managers. 3. Escrow funds will become the sole property of the MCWD, and Permittee agrees to the relinquishment of all legal and equitable interest therein, as follows: MCWD Escrow Template February 2013 a. The MCWD may invoice Permittee for permit review, compliance monitoring, and other eligible costs in accordance with duly established MCWD procedures. b. If after notice and opportunity to be heard the MCWD finds violation of a MCWD statute,rule,permit or order,the MCWD will give written notice to Permittee. The notice will describe the violation and the action required to correct it. If within twenty (20)days of notice delivery the violation has not been corrected or arrangements acceptable to the MCWD have not been made,without further notice the MCWD may take steps it deems reasonable to correct the violation, and may have access to the property during reasonable times for that purpose. Provided,that the MCWD will give 24 hours' notice before entry and exercise due care to avoid unnecessary disturbance or damage to the property. If the MCWD finds that entry is required to address an occurring or imminent threat to water resources, it may enter and correct without prior hearing or opportunity to cure, but only to the extent reasonably necessary to address the threat. c. The MCWD may invoice Permittee for reasonable costs incurred for activity under paragraph 3b. If payment is not made within 30 days,the MCWD may transfer funds from the escrow account into MCWD accounts and credit Permittee accordingly. 4. Escrow funds submitted hereunder are submitted to secure the performance of Permittee under permit no. 18-347. If the permit is issued, and if the Permittee and any agent, employee or contractor well and faithfully performs in all respects all activities and things undertaken and authorized in the permit in compliance with all applicable laws, including applicable statutes, rules,permit conditions, orders, agreements and stipulations of the MCWD and pays,when due, all fees or other charges required by law, including all costs to the MCWD of administering and enforcing the terms of the above-stated permit and this Agreement, including reasonable attorneys' fees,then within 30 days of written notification to the MCWD of same and the MCWD's confirmation thereof,the MCWD will release the escrowed funds to Permittee. 5. All obligations of the MCWD under this Agreement in holding and using the escrow funds are to Permittee only. Nothing in this Agreement creates any right in any third party as against the MCWD or in any way waives or abridges any immunity,defense or liability limit of the MCWD. Permittee will indemnify the MCWD for any claim, liability or cost the MCWD incurs as a result of a party other than Permittee asserting ownership in or a right to the escrow funds or any part thereof. Permittee will not assign or purport to assign any interest in the escrow funds or this Agreement to any third party, except in conjunction with a transfer of Permittee's permit approved in writing by the MCWD. 6.Nothing in this Agreement affects Permittee's legal right, if any,to appeal a finding of violation or seek a legal determination of the purposes to which the MCWD may use the escrow funds. 7. The Permittee agrees that, should the escrow funds submitted hereunder remain unclaimed by the Permittee or his successor in interest so as to become"abandoned property"for purposes of the obligations on MCWD under Minnesota Statutes chapter 345,the MCWD may assess a service charge from the unclaimed assets to cover costs of attempting to locate the Permittee or his successor in interest and, if necessary,reporting and paying the unclaimed funds as required by law. 2 8. This Agreement is effective on the signature of the parties and terminates when the MCWD releases the escrow or declares the Agreement null and void under paragraph 1, above. The Agreement may be amended only in a writing signed by the parties. An increase or decrease in the amount of escrow funds held by the MCWD for permit no. 18-347 does not constitute an amendment. 9.Notice to Permittee under this Agreement is effective when sent by certified mail to Permittee's address as stated in the permit application or such other address as Permittee subsequently has notified the MCWD in writing. The law of the State of Minnesota will govern any legal proceeding concerning this Agreement. Venue for any such proceeding will be in the county where the real property that is the subject of this Agreement is located. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement. MINNEHAHA CREEK WATERSHED DISTRICT By Date: Administrator PERMITTEE By: Date: [print name here] State of: Minnesota County of: This instrument was acknowledged before me on by , as of (Signature of notarial officer) Notary Public Title (and Rank) My commission expires: 3 MCES USE: Letter Reference: 19120404 Address ID:731103 Payment ID:428039 Date of Determination: 12/4/19 Determination Expiration: 12/4/21 Greetings! Please see the determination below. Project Name: Orono Apartments Project Address: 2745 Kelley Parkway Suite#/Campus: n/a City Name: Orono Applicant: Niel Weber,Weber Architects& Planners Special Notes: none Charge Calculation: Apartments: 56 units @ 1 unit/SAC=56.00 Guest Units: 2 units @ 1 unit/SAC x 50% = 1.00 Office: 52 sq.ft. @ 2400 sq.ft./SAC=0.02 Parking Garage: 32 fixture units @ 17 fixture units/SAC= 1.88 Total Charge: 58.90 Credit Calculation: none Total Credit: 0.00 Net SAC: 58.90 —or— 59 SAC Due The business information was provided to MCES by the applicant at this time. It is the City's responsibility to substantiate the business use and size at the time of the final inspection. If there is a change in use or size, a redetermination will need to be made. If you have any questions email me at:Jessica.nye@metc.state.mn.us. Thank you, Jessie Nye Manager,SAC Program Please visit our SAC website by going to:www.metrocouncil.org/SACprogram 2116 390 Robert Street North I St. Paul, MN 55101-1805 Phone 651.602.1000 I Fax 651.602.1550 I TTY 651.291.0904 I metrocouncil.org METROPOLITAN COUNCIL An Equal OpnortiInity Employer Last Updated In:June 2018 Res_RoomBoard_GroupHome SAC INDEPENDENT USE DETERMINATION WORKSHEET Name of Project: Orono Apts Plan Date: 11/15/19 , Date: 12/4/19 City Name: Orono Reviewer: J Nye ,x , ARGES: Original Letter Ref: a_ ownhome/Condo/Co-op cross out unnecessary names unit(s)@ 1 unit/SAC= - Gross Square Feet Width x Length =Sq.Ft. Apartment 56 unit(s)@ 1 unit/SAC= 56.00 _ .71104 71 Common Laundry w/4 a „: or More Units unit(s)@ 1 unit/SAC x 80%= 4.1-C7A1.; u' 1' Guest Suites with Washer unit(s)@ 1 unit/SAC= :Z" no Washer „, „i= unit(s)x 80%@ 1 unit/SAC= „.„, ; no Washer/Kitchen :'2 unit(s)x 50%@ 1 unit/SAC= 1.00 r'z; '> 3 ,,:, , Office 'y, .. 52 sq.ft.@ 2400 sq.ft./SAC= 0.02 ' 4; Meeting r= s„t{sq.ft.@ 1650 sq.ft./SAC= - Total: Retail Leasable space,can be separate tenant I=1 Speculative sq.ft.@ 3050 sq.ft./SAC= - Office Leasable space,can be separate tenant ❑Speculative sq.ft.@ 2650 sq.ft./SAC= - Clubhouse Minimum 1 if the building only accessible to the residents of the HOA/community association with key or key card access only minimum - use other criteria if restrictions not met Car Wash Bay bays @3SAC/bay= - king Garage ures 32.00 fixture units @ 17 fixture units/SAC= 1.88 Qty LAW'u.��<,,.,: Floor Drains(qty X 2 inches=f.u.) - $ ,,. Floor Drains(qty X 3 inches=f.u.) - Floor Drains(qty X 4 inches=f.u.) 32.00 Floor Drains(qty x inches=f.u.) (enter inches) ,< - Feet of Trench Drain(#ft./6 x 2= f.u.) . Boarding House with food service 4beds @ 5 beds/SAC= - Rooming House no food service beds @ 7 beds/SAC= - Group Home Primary Treatment beds @ 3 beds/SAC= - -residents stay all day Secondary Treatment beds @ 5 beds/SAC= - -residents leave during day (TOTAL CHARGES: 58.90 CREDITS: Verified: Year Built SAC Paid(mm/yy) Original Credit Basis: Notes-do not put on letter TOTAL CREDITS: NET SAC: 58.9(11t:, or NOTES to Add to U Grandparent U SAC Paid U GSF i` #of Credits Letter: This is accurate to the best of my knowledge-I have no conflict of interest,nor an appearance of a confiict,with tly,0 Q4ttof the stakeholders related to the developer, the property or the municipality for this project. Initial JtDate 11 L//ti Sewer Availability Charge (SAC) DETERMINATION APPLICATION CURRENT PROJECT INFORMATION Business Name: Orono Apartments,LLC Type of Business: Apaitment building Estimated Year of Occupancy: 2020 Site Address: 2745 Kelley Parkway Suite Number: -- City Name: ORONO Site Location / Campus: 2745 Kelley Parkway Parcel Identification Number (PID): 3311823120008 Original Building Construction Year: 2020 Project Description: This building will be a 21/2 story apartment building with underground parking provided. PREVIOUS SITEBUSINESS INFORMATION Previous Business Name in same space as Vacant land current project: Previous Type of Business: N/A Estimated Year(s) of Occupancy: Previous Address(es) Previous Site Address: Previous Suite Number: Entire Building Has Been or Will Be Demolished? CONTACT INFORMATION Contact Name for Questions and Copy of Neil Weber Determination: Company Name: Weber Architects&Planners,LLC Contact Phone Number: 952-476-4434 Contact Email: nw@weberarchitects.com ADDITIONAL SUBMITTAL REQUIREMENTS CURRENT PROJECT INFORMATION Business Name: Orono Apartments,LLC City Name: ORONO FXDDITIONAL INFORMATION Animal Salon/Pet Grooming Number of grooming stations: Number of grooming tubs: What size are the floor drains: Apartment Building/Assisted Living/Elderly Housing Number of Units: 56 Is there a parking garage present? No Is there a common laundry? No Do any units have a washing machine or hook-up? 56 Parking Garage/Floor Drains What size are the floor drains: Which floors are connected to sanitary sewer: Car Wash Bay or Port? Rollover? Conveyor? claim/Rollover? laim/Conveyor? Dialysis Number of Dialysis Chairs: Dialysis Gallons Per Treatment: Dialyzer Gallons Per Treatment: Number of RO Reject Units: Gallons Per RO Reject Unit: Number of Filters: Gallons Per Filter: Number of Regeneration/Backwash Units: Gallons Per RegenerationBackwash Unit: Catering/Meals-to-Go What is the maximum potential number of meals that can be prepared on the busiest day? Is dishwashing available? Golf Course/Country Club Is the dining room for members only? Is the dining room used evenings and weekends only? tel/Motel .eakfast complementary? Is there a parking garage present? Public Works How many drivers? Metropolitan Council l Environmental Services MCES Transmittal-B A390 Robert Street North Last Updated:01/04/19 St. Paul, Minnesota 55101-1805 651.602.1770 1651.602.1030 fax Sewer Availability Charge (SAC) 2019 ADDITIONAL SUBMITTAL REQUIREMENTS CURRENT PROJECT INFORMATION (Both business and city name are required) Business Name: Orono Apartments, LLC City Name: Orono, MN 55356 ADDITIONAL INFORMATION (Answer those that apply to your business and label floor plan) Animal Salon/Pet Grooming Number of grooming stations: Number of grooming tubs: What size are the floor drains: Apartment Building/Assisted Living/Elderly Housing Number of Units: 56 Is there a parking garage present? ❑ No -or- ❑X Yes, Fill Out Parking Garage Below Is there a common laundry? ❑x No -or- ❑ Yes Do any units have a washing machine or hook-up? ❑ No -or- 0 Yes, in how many units? 56 Catering/Meals-to-Go What is the maximum potential number of meals that can be prepared on the busiest day? Is dishwashing available? ❑ No -or- ❑ Yes Dialysis Number of Dialysis Chairs: Treatments per Day: Dialysis Gallons Per Treatment: Dialyzer Gallons Per Treatment: Number of RO Reject Units: Gallons Per RO Reject Unit: Number of Filters: Gallons Per Filter: Number of Regeneration/Backwash Units: Gallons Per Regeneration/Backwash Unit: Golf Course/Country Club Is the dining room for members only? 0 No -or- 0 Yes Is the dining room used evenings and weekends only? ❑ No -or- ❑ Yes Hotel/Motel Is breakfast complementary? 0 No -or- ❑ Yes Is there a parking garage present? ❑ No -or- ❑ Yes, Fill Out Parking Garage Below Parking Garage/Floor Drains What size are the floor drains: 4" Which floors are connected to sanitary sewer: 1 gar. fi. Is there a car wash bay/port? O No -or- ❑ Yes Public Works How many drivers? Theater Maximum number of shows per day? ❑ One Show -or- ❑ More than One Show I certify that I have read and understood all questions in this form and that my answers are true to my knowledge and belief. I also understand that giving false information in this affidavit is fraudulent,that my SAC fees will be recalculated,and I will be held responsible for any additional SAC fees. kvPrint Name of Business Owner: Neil Weber y Date: 4 December 2019 Signature of Business Owner CITY OF 1 EXISTING CONDITIONS SURVEY FOR z WEBER ARCHITECTS tea, OF LOT 1, BLOCK 2, CITY OF ORONO ADDITION EW„x i m," o KELLEY PARKWAY HENNEPIN COUNTY, MINNESOTA UoJY I.,,,,, 5o.e ar era s m sUae mu, �� o b --r .w �� �`.. __..__... s 89°15'26" -Danis e m w.,aa,..,-- m......w.. E ....MI. ��ac...a,Imo}" Q' 377.3 � L1T �n v -- .23ty� \.eR ss.o -----__ om ,. ril g 9 s .� ____,..0____L_ e:Y j 5 ! X E z -Nm.e Ip.e ,m° o ORONO ADDITION - 11 6 �/ QN om.e ,do' 1 N n9^o �w e ��� Qt ,�1 ,`- 2- OM w o/ 3 T _...._......aawaam e o - _ nq i ��P o / / c� /1 I� 1 I�e r , a [— hey z a < I g-a E 81 \ ;�- . i OUTLO1 D fri" 1 x ,I-m.,1 Q \ LEGAL DESCRIPTION OF PREMI5E5 ; F$ -DCY € \, \ \ Lot 1,Block 2.CITY OF ORONO ADDITION W / ' �� \ n..... o denotes iron marker co o \ d� \\ /.r �I O (soca denotes existing maim seabE€� 5 ): g spot elevation,m level datum I Il) / \\ ' 0 --91)--: denotes existing contour line,mean sea level datum f • Bearings shown are based upon an assumed datum. — °— O f '''''-' �' r�mu, O This survey intends to show the boundaries of the above described property, the location of on existing parkinAt,curb and gutter,visible utilities,spot Z 111 v elevations and topographyocthereon.It does not purport to show any other 1 VI improvements or en rohments. /mss` name // nae I ( \ �q .s r p -'°"',.o —_—______—"" ° ---------------- --- -.-- to -------- he N 89°15'26" W 377 — --- jag, -- "m^ .35 —� 0~a��.aaaxa�.., H.C.S.A.H. 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Ni; yd4 41 4' 3 Fist P s y §H a3 ' 0 4 �� 4 Op 1 ;�s 4 3 ¥s d8 a 5¢ ! I + 4:L1 wi Wl FM I1 > NIA i IU j I II . 0 Tj 1 Z 1 I 1 , ij 1:1471 I,171 gi41111 10- Ippc-"" ' , ' i `i.• ' 1 1 Oa 0 I I _ � =e . 1ii _ I I 1 -j I I Ij 1 I j 0 0 CI 6'0 0 0 d CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Anne Hentges, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#LA20-000001 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of February, 2020. Anne Hent e �e�� g Hennepin Hennepin County Locate & Notify Map Date:2/4/2020 65 76@ fll X57 7,45 rx 2700 p'-ari 685 I 2765 a, � :. 1 2635 *A41 i 1 A 580 70 56 2087 i 55G 550 2725 .05 54{i a r 530 S20 Buffer Size: 500 0 50 100 200 Feet Map Comments: I i ► i I ► ► ► I 2745 Kelley Parkway This data (i) is furnished 'AS IS with no representation as to completeness or accuracy,(i)is fumehed withnoverranty of any kind; and (ii) Is notsuitable for le gaI,engineeting orsur eSing purposes.Hennepin County shat not be liable for anydamage,injury or loss resulting from this data For more information,contact Hennepin County GlS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us RUN DATE:02/04/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 33-118-23 110125 38 33-118-23120034 38 33-118-23120044 THE STONEBAY COMM ASSOC CONSTANCE M PERSONS KIRITBHAI PATEL 38 ADDRESS UNASSIGNED 2670 KELLEY PKWY 104 2670 KELLEY PKWY 114 ORONO MN 00000 ORONO MN 55356 ORONO MN 55356 THE STONEBAY COMM ASSOC CONSTANCE M PERSONS KIRITBHAI PATEL C/O CEDAR MANAGEMENT INC 2670 KELLEY PKWY#104 2670 KELLEY PKWY#114 7260 UNIVERSITY AVE NE#340 LONG LAKE MN 55356 LONG LAKE MN 55356 FRIDLEYMN 55432 38 33-118-23 11 0131 38 33-118-23 12 0035 38 33-118-23 12 0045 THE STONEBAY CO, ,' ASSOC MICHAEL E&PAMELA J LINK KIM A GOWDY/ELIN KAY S GOWDY 38 ADDRESS . SIGNED 2670 KELLEY PKWY 105 2670 KELLEY PKWY 115 ORONO I .1000 ORONO MN 55356 ORONO MN 55356 THE ST• • BAY COMM ASSOC MICHAEL E&PAMELA I LINK KIM A GOWDY C/O .DAR MNGMT INC 2670 KELLEY PKWY#105 ELIM KAY S GOWDY 72.0 UNIVERSITY AVE#200 LONG LAKE MN 55356 2670 KELLEY PKWY#115 '•D LEY MN 55432 LONG LAKE MN 55356 38 33-118-23 12 0002 38 33-118-23 12 0036 38 33-118-23 12 0046 PROFESSIONAL PROP ORONO LLP CRAIG M FELBER/MARY M FELBER PATRICIA A RUYF TRUSTEE 2765 KELLEY PKWY 2670 KELLEY PKWY 106 2670 KELLEY PKWY 116 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 PROFESSIONAL PROP ORONO LLP CRAIG M FELBER PATRICIA A RUYF 835 PARTENWOOD RD MARY M FELBER 2024 SHOREWOOD LANE LONG LAKE MN 55356 2670 KELLEY PKWY#106 MOUND MN 55364 LONG LAKE MN 55356 38 33-118-23 12 0004 38 33-118-23 12 0037 38 33-118-23 12 0047 CITY OF ORONO R W CASWELL&M K K CASWELL A C LEIDING&C LEIDING 38 ADDRESS UNA GNED 2670 KELLEY PKWY 107 2670 KELLEY PKWY 117 ORONO MN 0 0 ORONO MN 55356 ORONO MN 55356 CITY OF NO RICHARD W CASWELL ALAN C&CHRISTINE LEIDING 1335 WN RD S MARY K KILLORIN CASWELL 2670 KELLEY PKWY#117 IATA MN 55391 2670 KELLEY PKWY#107 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 00 38 33-118-23 12 0038 38 33-118-23 12 0048 H R A CITY 0 ONO JOHN I&SARALEE HOVANEC V V KLITZKA&G A KLITZKA 2700 KEL PKWY 2670 KELLEY PKWY 108 2670 KELLEY PKWY 118 ORO MN 55356 ORONO MN 55356 ORONO MN 55356 H CITY OF ORONO JOHN J HOVANEC GERALD KLITZKA 00 KELLEY PKWY SARALEE W HOVANEC VICTORIA KLITZKA LONG LAKE MN 55356 2670 KELLEY PKWY#108 2670 KELLEY PKWY #118 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0008 38 33-118-23 12 0039 38 33-118-23 12 0049 ORONO APARTMENTS LLC CAROL A ALLEN REV TRUST KATHERINE POLEY 2745 KELLEY PKWY 2670 KELLEY PKWY 109 2670 KELLEY PKWY 201 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ORONO APARTMENTS LLC CAROL A ALLEN KATHERINE POLEY P 0 BOX 849 2670 KELLEY PKWY#109 2670 KELLEY PKWY #201 WAYZATA MN 55391 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0027 38 33-118-23 12 0040 38 33-118-23 12 0050 ESSAY HOLDINGS LLC M K S HUGHES&J R HUGHES ELIZABETH ILONA SIMS 2637 CASCADE LA 2670 KELLEY PKWY 110 2670 KELLEY PKWY 202 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ESSAY HOLDINGS LLC MARY KAY STREITMATTER HUGHES ELIZABETH SIMS 16135 55TH AVE N JEREMIAH ROBERT HUGHES 2670 KELLEY PKWY#202 PLYMOUTH MN 55446 2670 KELLEY PKWY#110 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0031 38 33-118-23 12 0041 38 33-118-23 12 0051 W P DEASE&C A DEASE R FISCHBACH&J FISCHBACH CEKIEL DUANE DANIELSON ET AL 2670 KELLEY PKWY 101 2670 KELLEY PKWY 111 2670 KELLEY PKWY 203 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 WILLIAM P&CHERYL A DEASE ROGER FISCHBACH CEKIEL DUANE DANIELSON 2670 KELLEY PKWY #101 JAMS FISCHBACH JILL L DANIELSON LONG LAKE MN 55356 2670 KELLEY PKWY#111 2670 KELLEY PKWY#203 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0032 38 33-118-23 12 0042 38 33-118-23 12 0052 ANN L ROETTGER M M MCALPIN&J P MCALPIN JR KATHLEEN V LEACH 2670 KELLEY PKWY 102 2670 KELLEY PKWY 112 2670 KELLEY PKWY 204 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ANN L ROETTGER MICHELLE M MCALPIN KATHLEEN V LEACH 2670 KELLEY PKWY#102 JOHN P MCALPIN JR 2670 KELLEY PKWY#204 LONG LAKE MN 55356 2670 KELLEY PKWY#112 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0033 38 33-118-23 12 0043 38 33-118-23 12 0053 KATHRYN Y DURYEA TRUST LINDA S WISMER D E TERRY&L K TERRY 2670 KELLEY PKWY 103 2670 KELLEY PKWY 113 2670 KELLEY PKWY 205 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 KATHRYN Y DURYEA LINDA S WISMER DEAN E TERRY 2670 KELLEY PKWY #103 2670 KELLEY PKWY#113 LESLEY K TERRY LONG LAKE MN 55356 ORONO MN 55356 2675 FOX ST ORONO MN 55391 RUN DATE:02/04/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 33-118-23 12 0054 38 33-118-23 12 0064 38 33-118-23 12 0074 TODD HAUGAN/TERESA HAUGEN L 0 HARRELL&MARY A HARRELL LOUISE N KANIVE REVOC TRUST 2670 KELLEY PKWY 206 2670 KELLEY PKWY 216 2670 KELLEY PKWY 306 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 TODD R HAUGAN LEONARD 0 HARRELL LOUISE N KANIVE REVOC TRUST TERESA J HAUGAN MARY A HARRELL 2670 KELLEY PKWY#306 2670 KELLEY PKWY #206 2670 KELLEY PKWY#216 LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0055 38 33-118-23 12 0065 38 33-118-23 12 0075 MARK BAUER&DEBRA BAUER D W ANDERSON&C J ANDERSON PAUL N JENSEN/LORRI A JENSEN 2670 KELLEY PKWY 207 2670 KELLEY PKWY 217 2670 KELLEY PKWY 307 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 MARK BAUER&DEBRA BAUER DAVID W ANDERSON PAUL N JENSEN 2670 KELLEY PKWY #207 CAROL J ANDERSON LORRI A JENSEN LONG LAKE MN 55356 2670 KELLEY PKWY#217 2670 KELLEY PKWY#307 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0056 38 33-118-23 12 0066 38 33-118-23 12 0076 M GUBERUD&B J GUBERUD HAZEL J KUJAWA DEAN M ENGEBRETSON ET AL 2670 KELLEY PKWY 208 2670 KELLEY PKWY 218 2670 KELLEY PKWY 308 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 M ROBERT GUBERUD HAZEL J KUJAWA DEAN M ENGEBRETSON BARBARA J GUBERUD P 0 BOX 755 TRUDY L ENGEBRETSON 2670 KELLEY PKWY #208 LONG LAKE MN 55356 2670 KELLEY PKWY#308 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0057 38 33-118-23 12 0067 38 33-118-23 12 0077 ELIZABETH CARPENTER DUFF EUGENE R KUEHN REV TRUST PATRICK G LYNCH 2670 KELLEY PKWY 209 2670 KELLEY PKWY 219 2670 KELLEY PKWY 309 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 ELIZABETH CARPENTER DUFF EUGENE R KUEHN PATRICK G LYNCH 2670 KELLEY PKWY #209 2670 KELLEY PKWY#219 2670 KELLEY PKWY#309 LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0058 38 33-118-23 12 0068 38 33-118-23 12 0078 J C VACCARO ET AL REV TR MURRAY SMITH&DONNA KJONAAS ROGER BAUSER/PATRICIA BAUSER 2670 KELLEY PKWY 210 2670 KELLEY PKWY 220 2670 KELLEY PKWY 310 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JACK VACCARO/SHEILA VACCARO MURRAY SMITH&DONNA KJONAAS ROGER BAUSER 2670 KELLEY PKWY #210 2670 KELLEY PKWY#220 2670 KELLEY PKWY#310 LONG LAKE MN 55356 LONG LAKE MN 55356 ORONO MN 55356 38 33-118-23 12 0059 38 33-118-23 12 0069 38 33-118-23 12 0079 DAVID QUIGLEY TRUST H B DETTLOFF&J L DETTLOFF BARBARA J VOORHEES 2670 KELLEY PKWY 211 2670 KELLEY PKWY 301 2670 KELLEY PKWY 311 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 DAVID QUIGLEY TRUSTEE HOWARD B&JEAN L DETTLOFF BARBARA J VOORHEES 4203 BAY BEACH LANE#3C 2670 KELLEY PKWY #301 2670 KELLEY PKWY#311 FORT MYERS BEACH FL 33931 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0060 38 33-118-23 12 0070 38 33-118-23 12 0080 JANE KENNEDY&DAVID BENSON THOMAS M WICK HELEN S WALDRON 2670 KELLEY PKWY 212 2670 KELLEY PKWY 302 2670 KELLEY PKWY 312 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JANE KENNEDY&DAVID BENSON THOMAS WICK HELEN S WALDRON 2670 KELLEY PKWY#212 2670 KELLEY PKWY#302 2670 KELLEY PKWY#312 LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0061 38 33-118-23 12 0071 38 33-118-23 12 0081 J A OBERSTAR/A J OBERSTAR VALERIE SKROMANE R H MURPHEY&JUNE M MURPHEY 2670 KELLEY PKWY 213 2670 KELLEY PKWY 303 2670 KELLEY PKWY 313 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 JOHN A OBERSTAR VALERIE SKROMANE ROBERT H MURPHEY ANTHONY J OBERSTAR 2670 KELLEY PKWY #303 JUNE M MURPHEY 2670 KELLEY PKWY #213 LONG LAKE MN 55356 2670 KELLEY PKWY#313 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0062 38 33-118-23 12 0072 38 33-118-23 12 0082 BRETT OSLUND&DIANE OSLUND R&S HAEGELE REVOC TRUST BEVERLY TRUST ET AL 2670 KELLEY PKWY 214 2670 KELLEY PKWY 304 2670 KELLEY PKWY 314 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 BRETT OSLUND RANULPI-I F HAEGELE WILLIAM C JENNEY JR 7511 PLEIN AIRE SANDRA L HAEGELE BEVERLY J JENNEY SAN DIEGO CA 92127 2670 KELLEY PKWY#304 2670 KELLEY PKWY#314 LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0063 38 33-118-23 12 0073 38 33-118-23 12 0083 L A SCHWARTZ&D C SCHWARTZ RICHARD&LILA MOBERG DANIEL B LARSON 2670 KELLEY PKWY 215 2670 KELLEY PKWY 305 2670 KELLEY PKWY 315 ORONO MN 55356 ORONO MN 55356 ORONO MN 55356 LARRY ALBERT SCHWARTZ RICHARD&LILA MOBERG DANIEL B LARSON DEEANNE CARYNE SCHWARTZ 2670 KELLEY PKWY#305 2670 KELLEY PKWY#315 2670 KELLEY PKWY #215 LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 ................ RUN DATE:02/04/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:3 38 33-118-23 12 0084 38 33-118-23 21 0002 ROBIN M MOHN SCHOOL DIST NO 11 2670 KELLEY PKWY 316 685 OLD CRYSTAL BAY RD N ORONO MN 55356 ORONO MN 55356 ROBIN M MORN ORONO IND SCHOOL DIST NO 278 2670 KELLEY PKWY#316 685 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0085 38 33-118-23 24 0015 CARRIE A KAMINSKI LINDSAY L ANDERSON 2670 KELLEY PKWY 317 580 SANDHILL DR ORONO MN 55356 ORONO MN 55356 CARRIE A KAMINSKI LINDSAY L ANDERSON 2670 KELLEY PKWY#317 580 SANDHILL DR LONG LAKE MN 55356 LONG LAKE MN 55356 38 33-118-23 12 0086 38 33-118-23 24 0016 SHIRLEY PYLE A HOFPMANN/P H ROMERO ET AL 2670 KELLEY PKWY 318 570 SANDHILL DR ORONO MN 55356 ORONO MN 55356 SHIRLEY PYLE AMY HOFFMANN 2670 KELLEY PKWY#318 PAUL HOFFMANN ROMERO LONG LAKE MN 55356 570 SANDHILL DR LONG LAKE MN 55356 38 33-118-23 12 0087 38 33-118-23 24 0017 J B ROTSCH&S E S ROTSCH WEEKLEY HOMES LLC 2670 KELLEY PKWY 319 560 SANDHILL DR ORONO MN 55356 ORONO MN 55356 JAMES B&SUSANNE E S ROTSCH WEEKLEY HOMES LLC 9833 EAST SUNRIDGE DR 1111 N POST OAK ROAD CHANDLER AZ 85248 HOUSTON TX 77055 38 33-118-23 12 0093 THE STONEBAY COMM ASSOC 38 ADDRESS UNASSIGNED ORONO MN 00000 THE STONEBAY COMM ASSOC 2670 KELLEY PKWY#115 LONG LAKE MN 55356 38 33-118-23 12 0094 POLO GROUP LLC ET AL 2635 KELLEY PKWY ORONO MN 55356 STONEBAY SENIOR LW LLC 2110 LYNDALE AVE S STE C MINNEAPOLIS MN 55405 33-118-23 13 0002 OR O PUBLIC SCHOOLS 2687 YZATA BLVD W ORONO 55356 ORONO P LIC SCHOOLS INDEPENDE SCH DISTR#278 685 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 38 33-118-23 13 0015 WJM PROPERTIES LLC 2605 WAYZATA BLVD W ORONO MN 55356 WJM PROPERTIES LLC ATTN GREGORY W WAGENER 2605 W WAYZATA BLVD MLONG LAKE MN 55356 38 33-118-23 13 0019 METRO STORAGE ORONO LLC 2725 WAYZATA BLVD W ORONO MN 55356 METRO STORAGE HHF VENTURE METRO STORAGE LLC 13528 BOIJLTON BLVD LAKE FOREST IL 60045 38 33-118-23 13 0021 PINE CORNER PROPERTIES LLC 550 OLD CRYSTAL BAY RD N ORONO MN 55356 PINE CORNER PROPERTIES LLC 550 OLD CRYSTAL BAY RD N LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax(952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on TUESDAY, February 18, 2020, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: LA19-000091 City of Orono, Text Amendment related to Grading and Land Alterations, including slope failures. LA19-000100 Tom Ahern, 1345 Rest Point Lane, requests vacation of the 20-foot wide alley right- of-way abutting his property. LA19-000103 City of Orono, Text Amendment related to licensing for marinas and Joint Use Docks and dock permitting. LA20-000001 Weber Architect & Planners, 2745 Kelley Parkway, requests Master Development Plan Approval for Orono Apartments, a 56 unit (and 2 guest rooms) apartment building. LA20-000005 Will Haack, 2665 Casco Point Road, requests after-the-fact variances for structural mass changes made to an existing boathouse and hardcover within the average lakeshore setback and 75-foot setback. LA20-000007 John Daly, 1030 Tonkawa Road, requests a conditional use permit for plumbing which includes a shower or bathtub in a new accessory building. LA20-000008 Hans Frees, 505 Willow Drive South, requests approval for a wetland alteration permit to create open water space within an existing wetland and an Interim Use Permit for import/export of material over 500 cubic yards. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by February 11, 2020 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission A J- emy B-• hart, Community Development Director To be published in The Laker Pioneer Newspaper on February 8, 2020. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Date Application Received: 01/10/2020 Date Application Considered as Complete:01/23/2020 'W. j 60-Day Review Period Expires: 03/23/2020 y' To: Chair Ressler and Planning Commission Members 11104,N.,Dustin Rief, City Administrator ~ 4kEsi-10 From: Melanie Curtis, Planner IY1GG Date: 18 February 2020 Subject: #LA20-000005, Gordon James Construction o/b/o David & Lynn Gutermuth 2665 Casco Point Road • After-the-Fact Variances • Public Hearing Application Summary: The applicant is requesting after-the-fact lake setback, average lakeshore setback, and 75-foot hardcover variances. Staff Recommendation: Planning Department Staff recommends denial of the request for after-the-fact approval of hardcover and setback variances. Background A variance for a new home (File#17-3965)was granted in 2017, and a building permit consistent with the approvals was issued in January 2018. In October 2019,the builder submitted an as-built survey and requested a final Certificate of Occupancy. Upon inspection it was noted that unpermitted changes were made to the existing boathouse and a new deck had been installed replacing a deck shown as to be removed to offset hardcover. The deck was not shown on the submitted as-built survey. The boathouse is situated 16.5 feet from the ordinary high water level and is entirely within the average lakeshore setback. It is considered to be a legal non-conforming building. It can be rebuilt in-kind, but expansions to the footprint and/or volume of the building are not permitted without variance(s). Additionally,the new±240 square foot lakeside deck was not rebuilt in-kind and not accounted for in the hardcover calculations;the hardcover now exceeds the approved level. Practical Difficulties Analysis Applicant Submittal Information:The applicant has provided a narrative and 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 that the expansions to the building are not supported by unique practical difficulties inherent to the land.The property owner has a right to maintain and even rebuild the existing building, however the expansions are cosmetic in nature (expansion of the roof gable) and are a convenience to the applicant;the building location did not change. FILE#LA20-000005 18 February 2020 Page 2 of 6 A .T, . , ! 1 "Before Remodel" (photo provided by builder) w '4,-, y`�' h a i eyr r Cril '. t41 rr u r 1.1 ti 4 • 7• h I f y y K. I - -' 1 w;. "After Remodel" (taken by Orono's Building Inspector) LOT ANALYSIS WORKSHEET Section 78-350&78-1279—Boathouse Setbacks: LR-1C Required Existing Proposed/AS-BUILT North Side 7.5' 1.6' boathouse 1.6' boathouse South Side 7.5' 35.4' boathouse 35.4' boathouse 16.5' boathouse 16.5' boathouse Lakeshore 75' ±8.5' deck ±8' deck(estimate) Average Lakeshore The entire boathouse is lakeward of the average lakeshore setback line. FILE#LA20-000005 18 February 2020 Page 3 of 6 Section 78-350-Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 12,873 s.f. (0.29 acre) 60' @ 75'/ 60' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 12,873 s.f. (0.29 acre) Allowed: 2,574 s.f. (20%) Proposed: 2,425 s.f. (18.8%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Code- Approved Resol Overlay District Total Area in Allowed No. 6796 Existing/As-Built Tier Zone Hardcover Hardcover Hardcover 3,555 s.f. 27.6% Including the 240 sf 3,218 s.f. 3,389 s.f. * (approximate) Tier 1 12,873 s.f. (25%) (26.3%) lakeside deck: Submitted HC calcs: 3,315 s.f. 25.7% *Within the 75-foot setback the following were included and permitted in the Resolution- approved hardcover: boathouse, retaining walls,and lake access stair. The fire ring, and the boathouse deck were not approved or included. Applicable Regulations: Hardcover Variances (Sections 78-1680&78-1700) and Lake Setback and Average Lake Setback Variances(Section 78-1279) The boathouse and deck are located within the 75-foot lake and average lakeshore setbacks. They are both legally non-conforming and could be replaced in-kind following the procedure and timelines in the Code.The boathouse is situated approximately 16.5 feet from the OHWL and was not to be removed or altered as indicated in the previous variance and building permit submittals. In order to make the hardcover work for the previous variance,the applicant showed the lakeside deck being completely removed.The deck was located approximately 8 feet from the OHWL. It was removed as part of the home construction. The new deck was constructed following the as-built survey and results in an excess of hardcover beyond the approved level. 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 FILE#LA20-000005 18 February 2020 Page 4 of 6 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 variances for expansion of non-conforming structures in the lake yard are not supported by practical difficulties. Lake yard construction prohibitions are intended to maintain the natural lakeshore and encourage development away from the lake. Additionally, the goals of the average lakeshore setback requirement include protecting views from land into the lake, the requested variances to expand the volume of the existing boathouse are not in harmony with the Ordinance. The additional mass of the roof areas within the setbacks result in an increase of the building height closer to the lake than existing and may negatively impact the views into the property from the lake.The reorientation of the boathouse egress,and reconstruction of the lakeside deck with an expanded footprint and elevation are not in harmony with the Ordinance.This criterion is not met. 2. The variance is consistent with the comprehensive plan. The variances resulting in modifications to the existing boathouse with a volume expansion and a minor footprint expansion within the setbacks in a residential zone are inconsistent with the Comprehensive Plan. The changes are cosmetic and are not supported by necessary practical difficulties inherent to the land. The reconstruction and reorientation of the lake deck were not contemplated with the original approvals,and result in an increase in 0-75' zone hardcover which is inconsistent with the Comprehensive Plan. This criterion is not 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 reasonable use of the property is established with the principal structure. The applicant suggests that reasonable use extends to cosmetic improvements to a non-conforming building and structure which are not in-kind and therefore not protected by statute. The request to permit expansion of the boathouse lakeward of the average lakeshore setback and within the 75-foot lake setback do not appear to be reasonable.The reconstruction and reorientation of the lake deck were not contemplated with the original approvals,and result in an increase in 0- 75' zone hardcover which is inconsistent with the Comprehensive Plan.This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The applicant states that the boat house supersedes the homeowners ownership of the property. This is not justification necessary support the new FILE#LA20-000005 18 February 2020 Page 5 of 6 encroachments into the lake yard. While the boathouse was not constructed by the current owners, they have a right to keep and even re-build the boathouse in-kind. The constructed expansions are not a right and are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The applicant states that the improvements "...enhances the character of the locality." The proposed variances allow for the expansion of the footprint of the deck and expansion of the volume of the boathouse; and result in additional encroachment into the setbacks toward the lake, all of which are out of character with the neighborhood;they are not permitted for other structures. The reconstruction and reorientation of the lake deck are not supported by practical difficulty; were not contemplated with the original approvals; and result in an increase in 0-75' zone hardcover which is inconsistent with the Comprehensive Plan.This criterion is not 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 land is located. This condition is not applicable, as maintenance of a legal non-conforming accessory building is permitted by code. 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. There are no obvious special conditions applying to the structure or the land which are unique, or support the requested variances. The applicant has not identified special conditions to the structure or land justifying the variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The applicant has not identified conditions. This criteria is not met. 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 boathouse is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming building or structure is not a right. 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 expansions negate the goals of the code in relation to views into,and out of the property,and hardcover limitations. 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 and will not merely serve as a convenience to the owners.The variances provide an improved aesthetic and outdoor living space near the OHWL, which could FILE#LA20-000005 18 February 2020 Page 6 of 6 be considered conveniences. The fact that the improvements are installed is not a deterrent to their required removal,as that would be considered a convenience. 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. 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 denial of the requested variances. The modifications to restore the boathouse to the original volume and footprint should be completed prior to issuance of a final Certificate of Occupancy. If the planning commission feels it appropriate and if applicant chooses to reconstruct the pre- existing lakeside deck in-kind or smaller to fit within the pre-existing volume and footprint, adjustments to hardcover elsewhere should be required. List of Exhibits Exhibit A. Application Summary Exhibit B. Practical Difficulties Documentation &Applicant's Narrative Exhibit C. As-Built Survey 09/27/2019 Exhibit D. As-Built Hardcover Calcs 09/27/2019 Exhibit E. Survey for Variance (#17-3965)05/31/2017 Exhibit F. Building Permit Survey(Approved) 01/05/2018 Exhibit G. Boathouse As-Built Elevations Exhibit H. Photos Exhibit I. Aerial Photos Exhibit J. Resolution 6796 (variances for lake yard retaining wall) Exhibit K. Property Owners List Exhibit L. Plat Map Land Use Application Summary Application Date: 01/10/2020 Address: 2665 CASCO PT RD Orono, MN Parcel Number: 2011723230021 Land Use Number: LA20-000005 Application Submitted By: Agent on behalf of property owner Owner: Name: DAVID D GUTERMUTH Address: LYNN J GUTERMUTH 2665 CASCO POINT RD WAYZATA, MN 55391 Applicant: Name: Will Haack Company: Gordon James Construction, Inc. Address: 5159 Hwy 12 MAPLE PLAIN, MN 55359 will@gordon-james.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: After-the-Fact Average Lakeshore, Lake Setback, and Hardcover Variances Land Use Application Type: Amendmend Application 1_1 Appeal of Admin Decision U Concept Application U Conditional Use Permit r l Site Plan Application 1 J Subdivision Application LI Subdivision Exception L Vacation Application C-1 Variance Application (IJ LO IA% (periL Applicant Signature: PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000005 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:The existing boat house was resided and roofed while contractor built a new home on site. With the intent of improving the aesthetics of the old boat house without changing the foot print the architect enhanced the lake side facade by adding stone to match the house,a small gable over the lake side door and a chimney stack for a little detail.The boat house as resided and re roofed to match the house. It was not the intent to add volume to the structure nor was volume added. However upon inspection by the city the addition of the stone front,the gable and the chimney were determined to increase the envelope of the structure. It is the feeling of the homeowner that these aesthetic changes only work to enhance the lake shore attractiveness and do not encroach on any neighbor, hardcover or other areas. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Boat house construction supersedes homeowners ownership of the property 3.The variance, if granted,will not alter the essential character of the locality. Response: Correct. It enhances the 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: 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 1163.06, Subd. 2,when in harmony with this Chapter. Response: N/A 6.The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response:The conditions apply only to this property and structure and do not impact neighboring properties 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response:The conditions apply only to this property and structure and do not impact neighboring properties 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: N/A 11.The granting of the proposed variance will not in any way impair health,safety,comfort, morals,or in any other respect be contrary to the intent of the Zoning Code. Response: Correct 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: N/A (Gordon iames IGN BUILD RENOVATE 5159 Main Street I Suite 200 I Maple Plain,MN 55359 1763.479.3117 Variance Request 2665 Casco Point Road Orono MN Gordon James Construction recently built a custom home for the Gutermuth Family at the above address. When the family purchased the home a few years before the property included a boat house at the lake shore. During the course of the planning and construction of the new home the family requested the boat house be updated.The boat house was in poor repair and needed new roofing and siding and they wanted the appearance from the lake to be improved and for the boat house to match the color,materials and look of the new home. Architectural designs were created which maintained the integrity of the basic structure and added a gable over the new entry door, a chimney stack to emulate the homes chimney and a stone facade to enhance the appearance from the lake and complement the house.Focus was on maintaining the footprint to stay within the strict hard cover requirements of the property. It was overlooked at the time of design that these elements changed the overall envelop of the boathouse and they were included in the renovations. At the time of the final inspection for the certificate of occupancy it was noted that these elements were outside the allowed modifications and that a variance was necessary to maintain the elements on the boathouse. Also noted in the final inspection are dock sections which are placed in front and the side of the boat house. It is the homeowners intent to remove those dock sections as winter conditions subside in the spring. Steps will be continued from the boat house to the grade level. The variance is being requested to be able to keep the boat house as finished.The added elements enhance the like-side look of the structure, complement the aesthetics of the house and of the overall look of the Point,do not interfere with line of sight from either neighbor and has in fact turned an eyesore into an attractive lake lifestyle element. C GN BUILD RENOVATE 5159 Main Street I Suite 200 I Maple Plain,MN 55359 1763.479.3117 Original Boathouse P . tai W , 1 'tea„ .� Architectural Drawing—no good photos exist of finished structure. MATCH HOUSE '• VERTICAL SIDING �`� 3”FRIEZE SO. ///NEW SHINGLES MATCH HOUSE �1 j j/��1�1• [LOX_ 2°_ (NEW HOUSE VERTICAL SIDING �� ���� l 12 � IEZE BD. MATCH " '�� BOX OUT T"_ __ - - EXIST tel♦ ��, ILII miiimimin E ._..._..�.C..I R ` MATCH HOUSE MIL 1111111111111.11111. SIDING . MIMINIMINIMIIIINNMI 0MN 40111 O u_MATCH HOUSESIDINGA 111111 �`VERTICALL SIDING Y .......4��'�'- .1,"��� } SMI 6„ —+ ��— ice--�a1 L - }�nrIw��:�..,�r waw �181.01i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMMIIIIIIIIIIIIIINIIOIIIIIIIIIIIIIIIIIIIIIII hrialbli ' ll_ � r '. "_-i MATCH HOUSE • STONE VENEER MATCH HOUSE STONE VENEER LAKE ELEVATION RIGHT ELEVATION SCALE I/4"=1'•0" SCALE=1/4"=V-O° AS—BUILT SURVEY FOR z N GORDON JAMES CONSTRUCTION, INC. �a2 OF LOT 136, SPRING PARK w x§ .I HENNEPIN COUNTY, MINNESOTA ¢3 v // Uo'- II I O w // I i EXISTING '4) � 6°'g„ f, / HOUSEici L 0 T 1 3 7 110.0, /2659 a z I ._.._.. ,e.>. I / if t / 0,..I„_...,/ / ' S 74.,„,p,, / �i / • Lee' ( , // ' h3.eG i/00”El / Od' ,ag , / / a> LAKE �' tG) " if,,, a.- , , , , (a„ ° (.0 :° /m / / / MINNETONKA �; i i� 4 1' ',.: ii 8 / vEy i ''mi' / i` d/I //(.7/1 //,/..„ ;= ,(.e.� : /206 nx_,� I L!4b SPRING PARK BAY �; .(�>) , _ .°, U\ a 1 / �' (.xi9l, , • e3 / / j 00.4i 856 \ 929.6 CONTOUR.., Ili , '77W . ''K•;(lett 1 //L 0 T 1 t�61 0°o �'°'1w):lu_=_ "e::.3 (awe/ ....oso,.....` LNE(O.HW.) ..A// ,28 Q7` airs I' / v.—o e)I / AVERAGE BULp1G� / \ (.�e�_ .' \\. S \\ // i • ASI / •... .w.;\ .. • \ //e// '''''Zr e /M aYe (a.,' E01 �{•;g SEi9A(Sc uF I a \ B �I !DEISTIC ��� e��y w s K; P RL ' Www EXISTING Po.. W BOAT ,,d• Y DO// // .- / 1 'u)RING „e„ r 1 „ .....,.,....._.....`____._I� // Roug3 • hex/° qi HOUSE a - q a l \ (r) 'l• •"}""e°3 i 423'/ [lay., i22 / #2665 a"e"a 4 I'''''= Ido \ 'II• / /' / q/ _,..,--r \vet ° A (00551 A I (E) Io 1 rze Ii, / / / / /. '' �saRRcnOTH ° () 1 - ,._-. / /,,,c,/, // / 9y.-- •i 'Y.. / cea(ABGva c u.w 1 I (epa) / ///--•,/ / i9 (.R°°msl STOOP 1111110 / Y 3 ' ., g5 I / , / / F. -- ,.•0:,. ° • f,.,- ( i neem 3o 3 O $£ ,x ; I / / ,,N 9'00'00 W 1 ,......, 2»s_fir. rq>,r r'—a �� SETBACK a q \ \ g ra..1 je,Es� u>aal \\ 0 r0` xTg 1 \ / AD.;;;;-.- NC/ 6'"NC we(Ku(I) \ di U .E�° NCO _ I ......... .f.9.ez j•••..•��8>n, Ls») \•�a/ 5 OD I o / 184.90.....1....... U sEa°� =c L 0 T 1 3/5 1 .._ • ---_ 75 1 (MA EXISTING , BOULDER : I ;g# a .N, HOUSE p2677 • • • LEGAL DESCRIPTION OF PREMISES: Lot 136.SPRING PARK •. denotes iron marker(found (908.3): denotes existing spot elevation,moon sea level datum ---9t>--: denotes existing contour line,mean sea level datumA Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, and the visible of an existing house,boat house,spot elevations,topogrophy, (�� and a9 visible"hardcover"thereon.It does not purport to show any other improvements or encroachments. 19-282 3 City of Orono .3._oNo Hardcover Calculation Worksheet Property Address: �f',r Zd65 CA3'Co /r. Ra. (Gokoo,v TA"fFT Co./Yr.) `'ktsno-t Prepared by: 8 Date: GRoN EAlioc r rc /11,c.� c. I G f � -27-19 Stormwater Quality Overlay District Tier: (Circle one) 0:11r_DI Tier 2 Tier 3 Tier 4 Tier 5 Step 1:(EXISTING HARDCOVER) In the following table identify al items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A NousE ARK-6 S.F. B FRO.a T ITC GP2 S.F. C SCREF.v iloACN S.F.1?/ D /A!/E/ u/Ack 8 Q S.F. E /.t t t/f u// 7 6 p 2, S.F. F 00 AT Noce.E .2$6 S.F. G 4.'aa,) E0GiArc- /5 S.F. H 574.t/E ,67./1Ai...r: u/ALL 247/ S.F. I Trod/E itFrutwsi,t/G 1414 L.L 97 S.F. J TIT'S' e83 S.F. K /F7A.n/i.t./G w4445- /66 S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 3 68 2 S.F. , Excludable Hardcover(See City Code Sec 78-1684): il .I'rart/f .QFntrA/rtiG !.t/.4t.C, 2Y S.F. I 57,.1-( A F'T.t i A.i.t.G Ulit L L 9 7 S.F. i< R6TAI#✓1.vG LA./ALLY /6'E S.F. !j PtcR r/ic,1 1 f /t 1/6>ac L,,A C l4 re-?O T D /V C) 3"A.) 8 O S.F. S.F. (2) Total Excludable Hardcover 36' 7 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)1 3 3/5 S.F. (4) Total Lot Area / 2,B 73 S.F. Proposed Hardcover Percentage [(3) (4)] 25-.75 (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein, however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 CERTIFICATE OF SURVEY FOR z. GORDON JAMES CONSTRUCTION, INC. gid.n OF LOT 136, SPRING PARK F HENNEPIN COUNTY, MINNESOTA a x / �o 1 O�oP ■ i EXISTING >'' / N N / HOUSE " 0z ro_ L 0 T 1 7 / #2659 �o /1'1 � # 'fir; ` / 9�°'ppr•E /%' O w LAKE I* 1 _ , 1 / a MINNETONKA II 1 // �I , r ••/ a__ )o e ,� / I • r, SURVEY I t° 5,-Pomo( .d--Ii iF ( l tl may`, --- 204.46 a:l!V; ' / t �6 LINE OR.) -.../, 1 a ••.0.. r ••' I T6 YBAad BIAOh1Cy� o was..m • •• eA x akk 0.,8. /tea°% "�o�rwc ,k�'r r, •� • 4..-V /� �E—/x'/ i/ w PROPOSED • � w // ? .AT ,- - acM„e,-,a'.y,..•..Q�•• � �-,ARY\ i...`._. 0o // iu� Y ^k iu p fiw-�o � i . Cp a HOUSE N�+ •-OPOseDIIN -A A7/41;2 / A,� #2665 .-rv:wnv // /ew e.eo G cess (E) 1 e •,. / / / / .w4 l Cg - o az 1 1.1 a f4 1 a.. r l l I _ �� y g / w d 1 ao I i / _`= y y�,`J ¢°NOm a o NIT o O '.=5 rr i PROPOSED `l Y p # �/ /1 '//// j9' Ski FOC, 00'pp,• W '�`.� z>"�5�'�:. ��C3 sfai i-._ G�� -- �_-� « / 44� _ v o a 'ili 2 lad t \__.._ ro E`€ �e r $. / (962.1) ••••••••••• ..47 784.9 ,— <,'"' 1 F�`? P o-..._____s99� ...•...•..•^.Jim , ... I 3 a:€" 0 _. o •is• '$‘l .m.,,� EXISTING I „: : tl Ira i DECK HOUSE / 9•. • • • #2677 z” : • li LEGAL DESCRIPTION OF PREMISES Lot 136,SPRING PARK NNW •. denotes iron marker I (909.3): denotes existing spot elevation,mean sea level datum ®i : denotes proposed spot elevation,mean sea level datum ----BI>--: denotes existing contour line.mean sea level datum PROPOSED ELEVATIONS (verily) : denotes proposed contour line.mean sea level datum • 1)Garage Bearings shown are based upon an assumed datum. 2)Top of foundation IB69./I 0 This survey intends to show the boundaries of the above described property,the location of an existing boat house.to remain,house and garage,to be removed,spot 3)First floor=1951.1 elevations,topography.and the proposed location of a proposed house,driveway and grades thereon.It does not purport to show any other improvements or encroachments. 4)Basement=ERCIO CERTIFICATE OF SURVEY FOR z GORDON JAMES CONSTRUCTION, INC. ui:� OF LOT 136, SPRING PARK EW+$3 t i /if 1 HENNEPIN COUNTY, MINNESOTA c OR0�0 COPS /``( EXISTING dao / 1HOUSE 3 1/iota/ . L 0 T 1 3 7 / #2659 C7 g 3 1� ) .. 19.)t _ 1 W Z'E B_ (�W 2 t ° y• .' "us / 79�0'0pr, E /�/ LAKE ,1 � _ / �; MINNETONKA I ► .-A,1 `" ' 1 o / m/osr ( .o .`•57�-r /-�-- ark r:F, - / 204.46 b9- 1 1 o sy• rc� � !'I=a� a41 L °E /ro _ / ,w1 / 1 *we Z..t11 L O,T ,i 3-6 / / # , '_ n 9291 CONTCW ' '' --se' 1 ,,(���_ •f•�� i / �/ ��....SeO (01:ui r ,`�\ Lee(O.FL) a/ ',,_____,,,,,i ,wavn r1,.'lam 0"�'• '..� aI.(Ai i s sr./Ten uer'bc°e1c� "� rawer,¢: �`o a.�. \ H o. • Ii i o r T / PROPOSED W /� ►� t. =: ►� °��� �"�°./ FEr K HOUSE i Q cK a // u 3�fi, L NC� o 3® P•OPOSED ' 1 a iT 1i a«:o>o'°s '� - •. 2665 "IVEW)AY t a ew- � l 'mom �/'r ,• � Q�l d' (s) i 31' 7;1. -.:E%61NG --� s ..-,`.°7°•.•-/'''''''''''''''''''I' i r 11 eunNa 1 /Ta/a/% � A � E �W � 3 z fr I I 1 ...1., ' ,, M a,. P6om. o 5 / a a P6Rv J- o 0 s d 1 \ l , '� "/ ;'19°00 \ 'cam , (J rx�' K _ uien KC V 1`Ii n te" - "...,) .r v tea ° era. s. a e r CCe(969.r) \ !CV\ s' P - / 6 184.90- -\;�_ce�••b4y4.......�.. \ P @ - 1 0 T 1 3 /5 p i 0 L f . i >L'o_ 3 µ EXISTING 1 isw,kiii9. : !In' DECK HOUSE / i • SII p2677 ,.as-\ •� 0 LEGAL DESCRIPTION OP PREMISES µmgt' • • ,rryN o 3 • Lot 136,SPRING PARK ►►INHI►. ' -'- Cl(C70:2'_:10 1 • denotes iron marker found011"'IEF,,,E)PPLIyy (90.2): denotes existing spot elevation,m sea level datum �_ok11M9 110..1: denotes proposed spot elevation,mean sea level datum s' --.917--: denotes existing contour line,(neon sea level datum PROPOSED ELEVATIONS((verify) CITY OF ORONO A Y -Z=—: denotes proposed contour Ice,mean sea level datum Bea•ngs shown are based upon on assumed datum. 1)Ga age-® SIFNAN x C,R�SG flJX () 4777 2)Top of foundation= FEh7 0.17O1ED This survey intends to how the bountlar es f the above described property,the ROV£0 V¢,NL 1 C a ,o D E location of an existing boat house,to remain house and garage,to be removed,oved,spot 3)Pirst floor=[Mal .. .�-.,,___. 1 elevations,topography,and the proposed location of a proposed house,drivewayand '.n?E '>JAv LF f grades thereon.It does not purport to show any other improvements or encroachments. hments. 4)Basement a(950.0( 1 g i ORONO COPY g1' a;ae+ 1'1-" /-2 24a0 Casco f rtP W loll-O144( 110 9-091-591'.94 9009-091-591 1595Vd 9'61_95190.1.1'9tlN•3 /wuru61599,90.696 g3M . •3x9/19 901 31915'31 15 380NLL'1V9 0016 tov txolaldoo VJ90S�NiNID4 01102I0 _ m '5'03x1 d0N911191IAtl 9 dp 'ea SNIIOd 00590 9992 c= _'ii NJIS30 V JNINNHId Nv�d 3x11 do ay.'aaz9101A Vn I r� �T�TlfT[�r7�T 7��/�����r7T�i1 Q r9�� 'd'd'a x91530 9 ONINN7'id JO 1102 0 1y�t�Lamsau HZf1Filla 5 lD cm 5 g V 0 Gy c 11L.! 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N YA.ZZ Mil NO HOG ©. ,b4 0x Ws ,, O� _l 191h �. 12 I l'A - D7079: NO,.,„ i.: ,, 2,z02 5k g ,,, E\I w ��7i ;: gE k gill K a 33 " O ,��I '2" 1111 i!'' 1 • • • ,ten ss Existing Boathouse { 'i a f t . r lw !=t ! /I 7 {9, a' I I { itn ez ' s, a Sa4. r` ` tile.' y ;‘:11.316.16‘.,, ...,,,,p0'1:...' 47 -0,-. , ......, .. ....._ ,.....„ „„. . , . ...._ ,„ ,,1 , * - - ... -. ,, . _, ' "401 ,-,-- .''.. -- 'Min-- '- — r 99 / ,,,,,, t; J OG 0.X g `% ' - t L. r 4 ! `\, } / s � s /Y •fix ` �' A' . :':;\ , ��� *tt . ( eu �' 't f • "1"'1,:it, ...... fl'iT*.. . fir" t +r .ts •�'• •. f e J • s a> 3 .- s • • :i +�Y1V r� 1�}6 ` is, r. 11, 1 1 'ci 14 • • • �}# ' • • • • k , i fd�r. l f i' . • • •, • • April 2015 • .. ... 41 8 ,„,:. ...... : R Ail • y ` ra t. .... - .::: liNsi 1,-, '... 4. a qr d P t • *4 i ,,,,,, .400::..0*,Ririo 1 4 go ,... . 4 Or j t r a .• i E rirV Same view-Enlarged %Ili '"11111: c2. o 6a5- e-0 71:11'1" 8G7td 11 1 11 1111111 111 Doc No A10495370 Certified, filed and/or recorded on Oct 20, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 49 Pkg ID 1617692M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. • • CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6796 L SHO A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279, 78-1700, 78-350 FILE NO. 17-3965 WHEREAS, on August 23, 2017, David and Lynn Gutermuth ("Applicants"), applied for a variance from the City Code and on September 7, 2017 the application was deemed complete for the property addressed 2665 Casco Point Road and legally described as: Lot 136, Spring Park, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow lake yard setback to construct retaining wall; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow hardcover which exceeds 25%to 26.33% or 171.25 square feet; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new single family home with substandard lot width if 60 feet and lot area 0.29 acres where 100 feet in width and 0.5 acres in area is required; and WHEREAS, on September 18, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 18, 2017, the Planning Commission recommended approval of the variance; and WHEREAS, on October 9, 2017 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: SOA/ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ss ,� NO. b7 ° 6 G 1-kESH04' FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3965. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1C Zoning District, which requires 1 acre minimum lot area and 100 feet of lot width, measured at the 75 setback and at the lake. 3. The Property contains 0.29 acres in area and has a defined lot width of 60 feet at the 75 foot lake yard setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lake Yard Setback b. Hardcover c. Lot Width d. Lot Area 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The lot width and lot area variances requested are consistent with the general intent of the Ordinance. The lake yard setback variance for retaining walls within the 0-75 is reasonable and necessary to address support the permitted stairs which will be set into the grade. The hardcover variance to allow excess of 25% is reasonable to accommodate the stair access to the lake. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of a single 2 -v.p.44p CITY OF ORONO RESOLUTION OF LLTHE CITY COUNCIL '. NO. U O 'EsHO�`� L �� family residence with lake access stairs in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The property owner is proposing to use the site in a reasonable manner by proposing to build a new home that results in less hardcover then what currently exists on the site. The property owners are working to use the site the way it was intended for single family use. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub-standard size of the property was not the result of actions by the landowner. The lake yard setback variance request to add retaining walls within the 0-75 setback should address the addition of the set-in-grade stairs which helps to speak to the owners' stated drainage and erosion issues from neighboring lots. The neighboring storm water drainage encroachment is outside of the owner's control. To gain access to the lake the landowner's state stairs are necessary and reasonable. The proposed stairs to lake access are a reasonable to allow for a hardcover variance for this property; • the applicant is building and designing a new home; c. The variance, if granted, will not alter the essential character of the locality." The lot area and width variances will not alter the character of the neighborhood; a home previously existed on the property. The lake yard setback variance and hardcover variance will not alter the character of the area. 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. 3 • p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 679 -'kE s n 00' 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family home is an allowed use in the LR-1C District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The substandard lot width and lot area of the property is not uncommon in the surrounding neighborhood. The stated drainage issues create increased difficulty for protecting the shoreline of the lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Granting the requested variances will provide relief to the applicant regarding the lot size and their stated erosion issues within the lake yard on the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Granting the requested variances will provide relief to the applicant regarding the lot size and landowner's stated erosion issues in the lake yard on the property. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size of the Property; the stated erosion issues identified in the lake yard of the property create practical difficulties affecting the Property; the lot width, lot side, lake yard setback and hardcover variances are necessary and not merely serve as a convenience to the owners. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279, 78-1700, and 78-350 to allow a lake yard setback variance for construction of the new retaining walls within 75 feet of the OHWL; a 4 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1� G4 NO. 6796 `9k ES HO hardcover variance to exceed the 25% limitation by 171.25 feet resulting in 26.3% hardcover; a lot area and a lot width variance, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated August 22, 2017, landscape plan and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A, B & C. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date October 9, 2018. 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 6. Council has approved the preliminary landscape plan with the proposed screening of the retaining walls from the lake view noted. Staff will review and approve final landscape plan for screening when an application for the building permit is submitted. ADOPTED by the Orono City Council on this 9th day of October, 2017. ATTEST: CITY OF ORONO: • %fa. • na Carlson, City Clerk Dennis Walsh, Mayor 5 • CERTIFICATE OF SURVEY FOR z GORDON JAMES CONSTRUCTION, INC. Resolution No. ail- OF LOT 136, SPRING PARK EExhibit A 5 a i iy HENNEPIN COUNTY, MINNESOTA 3 I U I r O g: . i ex)snNc d R i / d I ( HOUSE b O- _ L 0 T 1 3 7 / P"'• d i x / ( ib I • iy . , '9�0 00.,e ; zo i LAKE r,.2. OA MINNETONKA /II 1B " ,' 1 - ��• (( ,�I � o ( t� 1"' / /'E- /-� 204.16 22 .,a ( ' E"?(°D ;-�^`)`a• /r ri �/rye+:' /I ,s ,- , �`• III ,, o. __..rte n di/41• , 6 --.... lic e(on•.) (0 �I�N,j�yr���• 0..0 •i sE+eea(I r a '"*'•e 'e:' ,, ,If &I,.' ;, • •'.�jj`j•�y �Y'id_." 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I��' \\ DL•$` L 0 T 1 3/5 l ✓ _=" ,'% , :'. is€1ti/ i • 211.1 i EXSTNG 1 ou 000 i • I • • t HOUSE ( • t pen _�+.'� • • • LEGAL OCSCA•TION OF PREMSES • • Lot 1]8.WPM PARK linin, • dates Yon marks found (f00.): drill..eNriinq spot elevotIon,mean sea rhe dolts, ®: donates proposed Ant*Minn.mom moo level datum --91,-: denotes waling canto Vine.moan sea bad datum PROPOSED ELEVATIGI6:(writs) ___m_-< donates proposed cantor twee mem Lea level datumt)��-Mai A E B ossing. orboa tm Bossing.snow, e Eee somas dols, 2)TV of foundation-® I The nn. .,t.dt e ,snow liteEdedarin of the oboe. st desorbed propy.life location arm edstilg boot ho. remain. and sera"to he removed.Vol 3)Find hoar-® 1 elevatio.,topogapny,od the vaporeod location of a proposed to....drivo.ay and WM..Itrream It don OW popart to show my other Invrov its or encroacfnrde. e)tioswnot- EBEil ii t>-ill • Resolution No.6 7 ' {j Exhibit B #17-3965 lip,,-011 -÷---,----- Alk al ---'` :t.. 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' i ; I _.....__..-I.--. ig 1 7:-. tui Oa o II 1 i 71 1 II I_ (L. ---- - . IM /M IM. M ' .... STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 9, 2017 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 9th day of October, 2017. '' °r,• 4( Pl " t - s 0- `w., f f, t ;`tom r r r1.P- , •� .Y l r • Anna Carttcs�}; 'q "'t ;©' (seal) /,v: -01,A ,f'it 'is,{�� .:A r .C Y It_ S. 1\\'i H�No"�- f ti:�t , RUN DATE:01/10/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 21 0031 38 20-117-23 23 0021 38 20-117-23 24 0022 M J RUSINKO&MARY L RUSINKO D D GUTERMUTH/L J GUTERMUTH D P BUESING&L R RUNNING 2565 DUNWOODY AVE 2665 CASCO POINT RD 2700 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MICHAEL J RUSINKO DAVID D GUTERMUTH DANIEL BUESING/LINDA RUNNING MARY L RUSINKO LYNN J GUTERMUTH 2700 CASCO POINT RD 2565 DUNWOODY AVE 2665 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 210032 38 20-117-23 23 0022 38 20-117-23 24 0029 WENDY W DANKEY TRUSTEE KARL S FREIENMUTH DUSTIN KINDL&CASIE L KINDL 2599 CASCO POINT RD 2659 CASCO POINT RD 2649 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 WENDY W DANKEY KARL S FREIENMUTH DUSTIN J KINDL 2599 CASCO POINT RD 2659 CASCO POINT RD CASIE L KINDL WAYZATA MN 55391 WAYZATA MN 55391 2649 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 23 0001 38 20-117-23 24 0001 38 20-117-23 24 0030 G ERICKSON/S ERICKSON TRUSTS D L RUNKLE&L F RUNKLE SENDERO PROPERTIES LLC 2683 CASCO POINT RD 2684 CASCO POINT RD 2645 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 GERALD ERICKSON DAVID L RUNKLE SENDERO PROPERTIES LLC SANDRA ERICKSON 2684 CASCO POINT RD 7850 EL SENDERO LOT#10 PO BOX 584 WAYZATA MN 55391 SCOTTSDALE AZ 85266 WAYZATA MN 55391 38 20-117-23 23 0002 38 20-117-23 24 0002 38 20-117-23 24 0031 ROBERT BREON/JULIE BRANDSMA TODD M KIMMES PATRICIA REDMOND WEBBER 2691 CASCO POINT RD 2660 CASCO POINT RD 2635 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ROBERT E BREON TODD M KIMMES PATRICIA REDMOND WEBBER JULIE C BRANDSMA 2660 CASCO PT RD 15159 TECHNOLOGY DR. 2691 CASCO POINT RD WAYZATA MN 55391 EDEN PRAIRIE MN 55344 WAYZATA MN 55391 38 20-117-23 23 0003 38 20-117-23 24 0003 38 20-117-23 24 0032 B SLOSS&K NGUYEN SLOSS D L RUNKLE&L F RUNKLE T P KUBALAK&P M KUBALAK 2695 CASCO POINT RD 2684 CASCO POINT RD 2623 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 BRYANT SLOSS DAVID L RUNKLE THOMAS&PATRICIA KUBALAK KIMLOAN NGUYEN SLOSS 2684 CASCO POINT RD 2623 CASCO POINT RD 2695 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0004 38 20-117-23 24 0004 38 20-117-23 24 0035 MARY C ENGER&MARK M ENGER D L RUNKLE&L F RUNKLE G L MARQUARDT/J M MARQUARDT 2697 CASCO POINT RD 2686 CASCO POINT RD 2617 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MARY C ENGER&MARK M ENGER DAVID L RUNKLE GARY L&JOAN M MARQUARDT 2875 GULF SHORE BLVD N 2684 CASCO POINT RD 2617 CASCO POINT RD B-302 WAYZATA MN 55391 WAYZATA MN 55391 NAPLES FL 34103 38 20-117-23 23 0005 38 20-117-23 24 0014 38 20-117-23 24 0036 T J&S A JUNGELS ETAL TRUST LAWRENCE D PILLAR BRUCE J HEDBLOM ET AL 2715 CASCO POINT RD 2705 ETHEL AVE 2601 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SHIRLEY A JUNGELS LAWRENCE D PILLAR BRUCE J HEDBLOM AND THOMAS J JUNGELS 6827 CARDINAL COVE DR CAROL J CLINE-HEDBLOM 7730 LOCHMERE TER MOUND MN 55364 2601 CASCO POINT RD EDINA MN 55439 WAYZATA MN 55391 38 20-117-23 23 0006 38 20-117-23 24 0015 38 20-117-23 24 0038 S R PETERSON&K A PETERSON TING FANG LIN MATTHEW G THORSON 2745 CASCO POINT RD 2725 ETHEL AVE 2618 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 STEVEN R PETERSON TING FANG LIN MATTHEW G THORSON 2745 CASCO POINT RD 2725 ETHEL AVE 2618 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0007 38 20-117-23 24 0020 38 20-117-23 24 0039 M G BASKFIELD/S J BASKFIELD J A SCHUTT&PIA E SCHUTT J W&B J ESSEN 2755 CASCO POINT RD 2750 CASCO POINT RD 2648 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MICHAEL G BASKFIELD JEFFREY A SCHUTT JEFFREY&BARBARA ESSEN SHARON J BASKFIELD PIA E SCHUTT 2648 CASCO PT RD 2755 CASCO POINT RD 2750 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0020 38 20-117-23 24 0021 38 20-117-23 24 0042 ZHIHUA LIU&YING LIU J LOEHMANN&S JOHNSON PAUL J&MARY E KASTER 2677 CASCO POINT RD 2710 CASCO POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 55391 ORONO MN 00000 ZHIHUA LIU&YING LIU JEFFREY LOEHMANN PAUL J KASTER 2677 CASCO POINT RD SARA JOHNSON 2600 CASCO POINT RD WAYZATA MN 55391 2710 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 RUN DATE:01/10/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 20-117-23 24 0045 MARC COHEN&IRV COHEN 2697 ETHEL AVE ORONO MN 55391 MARC COHEN 2697 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0046 MICHAEL D REVIER 2691 ETHEL AVE ORONO MN 55391 MICHAEL D REVIER 2691 ETHEL AVE WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 1/10/2020 e: kip:;: ;._ 'r - 2545 �, n ,` : Vis* 2580 A y fir, zi` € -'1:44 ` 2565 tlt) s .6 ,-_ ' j 'S = wot A _2 ,� r`' �. til rx .` r t - x 48*. 2598 4 � _ 4.4Int' • ip v � ;' 2601 of,h , 2600 ,,,,i___:,....10,1_ « ( wn�f tt ° :'? `' 263: 26i8 Y. [ as,s 2645 y-44 i €moil ; 2648 r- _ w �.t rSr 2b65Y B ' = 1=iS 2677 2660 14 { a __ ! } 26$3 t€r Alils ,` v�. `^�` � 2684 ait 2691 ai , 695M ' • k 2684 '' of 2691 Nal ::-:,E--- -I_C;'-'f'-ititr0-'',1+.4.iill---':,---.i,i;X:F!'-'V' . Alki!ii, k 2700 .an z 'WI < 2695 • 269,." ,.,........?4,,:•,,,,..-4..„.....,,,,;.w., 2710 ¢` li '' 2765 _n�: ibitatt... .4, s x ''rep ;�I 0� I'• 2750 G0)� 2 r25r15n s9i 261 i orcin o 2773 �Q s9k 2700 2745 279 5:17-.1 4ia{ mt 3 800 fig)) 27 . 2715 55 4; 2720 17) 2797„ai tin nn ' 2776 ik21 2765 2740 X2799 9• 2818 gg eb. tial 3750•4ai 2735 Buffer Size: 500 0 50 100 200 Feet Map Comments: I t i i I i i i I 2665 Casco Pt Rd This data (i) 's furnished 'AS IS with no representation as to completeness or accuracy; (I)is furnished with no warranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us Date Application Received: 01/22/2020 Date Application Considered as Complete:01/22/2020 "0.0 rO 60-Day Review Period Expires: 03/22/2020 y To: Chair Ressler and Planning Commission Members ��1101 ,, Dustin Rief, City Administrator ~ 4kESHOO' From: Melanie Curtis, Planner I'Y1GG Date: 18 February 2020 Subject: #LA20-000007, Revision LLC o/b/o Dennis &Cynthia Bremer, 1030 Tonkawa Rd, CUP Public Hearing Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in an oversized accessory building. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant wishes to install full bathroom facilities in an 1,800 square foot accessory building with a garage on their property which includes a recreational space. A conditional use permit is required due to the proposed shower. Applicable Regulations: Plumbing in the Accessory Building CUP (Section 78-328(7)&78-1434) The proposed oversized accessory building, a detached garage with recreation space, is permitted,the applicant's request to install a bathroom with full bathing facilities requires a CUP. The property is 1.56 acres in area, allowing a total of 2,000 square feet in accessory building. There is an existing 63 square foot shed near the lake, this affords the property an additional 1,937 square feet remaining of the 2,000 square foot accessory building limit. 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 proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed accessory building FILE#LA20-000007 18 February 2020 Page 2 of 4 improvement including the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police,fire, roads,and stormwater management;The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The property is served by City sewer and private well.This criterion is met. 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 proposed accessory building with a garage and entertaining space is residential in character and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The accessory building including plumbing is residential in visual character and is expected to be compatible with the house on the property and the surrounding area. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectural styling of the proposed accessory building is expected to be residential-looking in character and consistent with that of the principal structure on the Property. 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; The use of the accessory building with entertaining space which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The accessory building will be situated in a conforming location and will not be significantly visible when viewed from off the Property on the street side,and the views from the neighbors will be screened somewhat by existing vegetation and the physical separation. In the opinion of staff, additional screening or buffering is not necessary. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust, electrical interference,general unsightliness, or other means; The proposed accessory building with plumbing is not expected to cause any of these undesirable impacts. 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; It is anticipated that the proposed building will not generate any of these undesirable issues. 13) Designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact; The proposed building has been visually designed to conform to the residence on the property,and will not have a negative environmental impact. 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; Applicants are hereby advised of this requirement;and FILE#LA20-000007 18 February 2020 Page 3 of 4 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. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants' intended use of the accessory building. 3. The accessory building is conforming in location,size and height. 4. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 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. 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 as allowed by the Zoning Code? 2. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval conditioned upon the property owners' agreement to the filing of a covenant in the title of the property addressing the plumbing and the status as an oversized accessory building, providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. Regarding future subdivision of the property: a. No future subdivision will be approved that places the oversized accessory building within a lot that has no principal building b. If the property is subdivided,the oversized accessory building and principal building will be located together within a lot that meets the minimum lot area requirement for the given size of the oversized accessory building. c. In subdivision approval,the setback required for the oversized accessory building shall remain. FILE#LA20-000007 18 February 2020 Page 4 of 4 List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey& Hardcover Exhibit C. Proposed Plans and Elevations Exhibit D. Property Owners List Exhibit E. Plat Map Land Use Application Summary Application Date: 01/22/2020 Address: 1030 TONKAWA RD LONG LAKE, MN 55356 Parcel Number: 0811723130015 Land Use Number: LA20-000007 Application Submitted By: Agent on behalf of property owner Owner: Name: DENNIS C BREMER Address: CYNTHIA A BREMER 1030 TONKAWA RD ORONO, MN 55356 Applicant: Name: John Daly Company: John Daly Address: 153 East Lake st Wayzata, MN 55391 john@revisiommn.com Contact Information: Associated Contact: DENNIS C BREMER Associated Contact: Kevin Shultz kevin@revisionmn.com Associated Contact: John Daly john@revisiommn.com Associated Contact: Project Description: Conditional Use Permit for plumbing within an Accessory Structure Land Use Application Type: Amendmend Application l_1 Appeal of Admin Decision CJ Concept Application Li Conditional Use Permit 11)) Site Plan Application . Subdivision Application Li Subdivision Exception Vacation Application Li Variance Application Li Applicant Signature: Description of Conditional Use Permit(CUP) for 1030 Tonkawa Rd We are seeking a conditional use permit to add an accessory structure to the property. The structure consists as an accessory structure that is detached from the primary structure on the property. It consist of Garage/Storage space, Home Office and a flexible entertaining space. We are seeking this request for the following reason: (1) We have a need additional garage space in which to park a car, a trailer,yard work tools, and many other items that are currently kept outside (trailer) or in a small detached shed (proposed to be removed). We also are planning for our future as our Kids will soon be drivers and we have no off street parking and limited on street parking for additional vehicles. (2) We often work from home and currently do not have any dedicated office space. (3) We would like this additional flex space for entertaining/use. (4) We have experienced the usefulness and flexibility of this type of space of our neighbors,including our immediate neighbor to the North and others. We have worked on multiple options for the site and think this design/location is most appropriate because: (1) It is modest in appearance due to being only story. (2) It has been designed to match our house in aesthetic. (3) We have located the structure on the property to work with the natural topography of the lot so as to avoid too much digging and manipulation of the lot. (4) This position will result in the fewest trees lost and we believe most of the trees impacted needed to be removed regardless. (5) We are proposing significant hardcover reductions towards the lake so as to minimize any impact this structure may have (which we think is nonexistent). We thank your for your time and efforts in considering this proposal and request. Please feel free to visit our lot or contact us with any questions.Again,we thank you for your thoughtful review (a special side note of gratitude from me as a past PC member/chair). -Cynthia Bremer X O '' UW F. m z z W - �- z .--I a z 3 U)ar aF4 2 ('r O o O›.6a gi a 1 W z; W 1: wz a 9i _ `i i NN V U Oat UO (J) g iii -2-;-: °/ rIg _ . �. - $ .`w; co ID w W Z z gi th ., � Aftr y • Kl ✓. %- 9 a r= a zF" r ° -§,N,O� c.i wO \ E s f t2 F H F U l- v - E iEI' - - - ag U Q z \I vi o s�a� :It fl//N � 9n -- g € a " o� iEg V ►. r o a a s ne € . " _ IPS, 1 I I 1 tc .. R F�3" .'. I rotiiv �g_--- r ,_ q ,k, /'- t 6 / 1 1 I 9 Fa aIRrc JInd I 1 I, I i ' / `7 di- r I I I 1 1 Hfl I I I I Ii I I 1 1 I / ,-- it IF� I I I I I I I �I Iii 1 1 1 1 :u: I 3 I I Aa \ I �J i $I>f l / 1 1 1 I I o \ 1 \moi 1 11�/ / 1 1 1 \ 1 1I \ i l I l I I I I - _ g I 1 � 1 1 I l'I / iT , 1 i / i l T /y / % 1\ II 1 ' 1\' / / %P/x i i III / / / :) - : \\ /a I I ---\1\ /�O/ / / a 8 8 y A• /1 1 v% e /t ,# / e61y' p•O1P,p City of Orono .,toNO Hardcover Calculation Worksheet I , Property Address: /03 Q ro/vk,.4�,f1,Q R o.4 U =F' r. c rBRCMCR) KESHO.` Prepared by: v Date: GRo� RG ,f Ai.TGC/RTES. /ivc. /-Zo - 2a Stormwater Quality Overlay District Tier: (Circle one) (Tier £ Tier 2 Tier 3 Tier 4 Tier 5 Step 2: ROP ED HARDCOVER In the following tame, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width S Total Feet) ( q (Example) (Garage) (24'x 30') (720 S.F.) A h/04, f-rEXilrlvc:) 3,58 Y S.F. B _ AoR C N /1 C DECKS �, /y7 t 32.6 = l67 S.F. y 7,3 S.F. C DR/t/fc•-(4i r dl (6[4c�7-0p t A,fti'R$) 9/02 S.F. E y CO/x'_ FGjGTTcO 4C Pi ri of t TTt i J CEA/17/ :i (70 .t E R Cm o v6Q1 S.F. F idea" ii Cro BE lCffiel/vD _ 76 S.F. G i. CTo if Ac 1 JE O /9.'! S.F. H ---510-i‘r f ®ORDERS /1 (.STfP_.FTo j-Ay2 S.F. I Fit oar GvA 1-k /l /9/ S.F. J R GCK sl tt+cr c CH OA./ I641t/C // (7o AE REPt4ttl od . --[r$— S.F.- K A/c AADS /3 S.F. L PAvEkS " 6 Y 4 S.F. M f/Ac17 )EL4ftk4Ir 'T /Vf/RY,c'oRC 'i /2Q S.F. N STO,E A1F.tk rl/?RE ', lO g S.F. G SNf'Q 1t11=L/Q ORE /' 63 S.F. P AE--.i± /vc MJ4LLS 7$3 S.F. Q Gs.t A.Lc C-' V.441 /2 y/ S.F. R ritirk Y (tit oAGT'co 41/ S.F. S DA/L1f )AY rt.�GPO _ 55 2. S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover /7,7cP3 S.F. Excludable Hardcover(See City Code Sec 78-1684): P A'Frii/.v, c Al2/t5- 7,R3 S.F. S.F. S.F._ S.F. S.F. (2) Total Excludable Hardcover 7$3 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] /7,o o p S.F. (4) Total Lot Area Ca',002 S.F. Proposed Hardcover Percentage [(3)+(4)] 2.5, 00% 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 X §o e) 324 g L X\g T' - '_ . I •2 11 z . 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N o BREMER GARAGE t �o,�® 1- -' 1030 TONKAWA ROAD ORONO,MN "�N M € 4 Iv,i a MIN`ONONO OVON VMVANO.I 0£01 O z ,4�e� fr 3DV YD 2IHIAI [IH '' _ `'' 3 I id Jlii—A—II Ole ¢ F l-1 IIIII 0.0 0 Z '::.,1.11=111-A-11 410,0 O W I I i =III—I I I 4te J = G:11=1I=J I I :o Z WN JT1=11 111 el.j RUN DATE:01/23/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 08-117-23 12 0001 38 08-117-23 13 0014 38 08-117-23 24 0005 CRAIG F SMITH F G BURKE&R M BURKE DANIEL&RUTH PARTEN 980 TONKAWA RD 1020 TONKAWA RD 38 ADDRESS UNASSIGNED ORONO MN 55356 ORONO MN 55356 ORONO MN 00000 CRAIG F SMITH FORREST G BURKE DANIEL&RUTH PARTEN PO BOX 465 RENEE M BURKE 1015 TONKAWA RD SPRING PARK MN 55384 380 LEAF ST ORONO MN 55356 ORONO MN 55356 38 08-117-23 12 0002 38 08-117-23 13 0015 G B BAKER&L A G BAKER D C BREMER&C A BREMER 970 TONKAWA RD 1030 TONKAWA RD ORONO MN 55356 ORONO MN 55356 GARY A BAKER DENNIS C BREMER LEIGHANNE G BAKER CYNTHIA A BREMER 970 TONKAWA RD 1030 TONKAWA RD LONG LAKE MN 55356 ORONO MN 55356 38 08-117-23 12 0003 38 08-117-23 13 0019 STEVEN B LIEFSCHULTZ ET AL DIELAN LLC 960 TONKAWA RD 1060 TONKAWA RD ORONO MN 55356 ORONO MN 55356 STEVEN&DEANN LIEFSCHULTZ DIELAN LLC 960 TONKAWA RD C/O COL FAMILY OFFICE SRVS LONG LAKE MN 55356 505 S FLAGLER DR SUITE 900 WEST PALM BEACH FL 33401 38 08-117-23 12 0005 38 08-117-23 13 0020 R J HOFFMAN ETAL R T WALLANDER/L C WALLANDER 1000 TONKAWA RD 1070 TONKAWA RD ORONO MN 55356 ORONO MN 55356 RAYMOND J HOFFMAN RAPHAEL T WALLANDER 1000 TONKAWA RD LAURA C WALLANDER LONG LAKE MN 55356 1070 TONKAWA ROAD ORONO MN 55356 38 08-117-23 12 0006 38 08-117-23 13 0021 BRUCE&MARY ENGELSMA SUGAR WOODS SHORES LLC 990 PARTENWOOD RD 1080 TONKAWA RD ORONO MN 55356 ORONO MN 55356 BRUCE&MARY ENGELSMA SUGAR WOODS SHORES LLC 990 PARTENWOOD RD 2109 SUGARWOOD DR LONG LAKE MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0001 38 08-117-23 210015 JAMES P BEBO D J LUNDQUIST TRUST 1065 TONKAWA RD 975 TONKAWA RD ORONO MN 55356 ORONO MN 55356 JAMES P BEBO D J LUNDQUIST TRUST 10285 89TH AVE N 6277 NORTH OCEAN BLVD MAPLE GROVE MN55369 OCEAN RIDGE FL 33435 38 08-117-23 13 0002 38 08-117-23 21 0016 B A TILZER&L R VALENSI GABRIEL JABBOUR TRUST 1075 TONKAWA RD 985 TONKAWA RD ORONO MN 55356 ORONO MN 55356 BRIAN A TILZER GABRIEL JABBOUR LISA R VALENSI 985 TONKAWA RD 1075 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0003 38 08-117-23 24 0002 L&L GARDNER MARK D PARTEN/JULIE A PARTEN 1085 TONKAWA RD 1015 TONKAWA RD ORONO MN 55356 ORONO MN 55356 LAWRENCE J GARDNER MARK D&JULIE A PARTEN 1085 TONKAWA RD 1015 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0004 38 08-117-23 24 0003 ERIK SWENSON H R NEESON&A L MESSINA 1105 TONKAWA RD 1025 TONKAWA RD ORONO MN 55356 ORONO MN 55356 ERIK SWENSON HUGH NEESON&ANDREA MESSINA 774 TONKAWA RD 1025 TONKAWA RD ORONO MN 55356 LONG LAKE MN 55356 38 08-117-23 13 0013 38 08-117-23 24 0004 PAMELA NAGORSKE TRUSTEE SHARI L BALLARD REV TRUST 1040 TONKAWA RD 1035 TONKAWA RD ORONO MN 55356 ORONO MN 55356 PAMELA NAGORSKE TRUSTEE SHARI BALLARD PAMELA A NAGORSKE REVOC TRST MARIANNE BARNETT 1040 TONKAWA RD 1035 TONKAWA RD LONG LAKE MN 55356 LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 1/23/2020 tiri 9 60 N'7-iiiiiiii3 1 880 ''rif ``" .. tifgl 4) . \ �O�'- - 860 , ' 955 Viiko ' 'S�}M# 3 - it:"-..3.."..:::.2:-',.:'-; mei(,:. 070 '+ •, 475 480 0) 4). ;fit.. Vpi 1000 11) Vgi F 102011 (tai 1015 ikk 1040 • 1025 4 111:1 1 035 (Ai 1 060 Op) 1065 Kt 1070 .„ f, 1075 ;;';',74;;4411k � - .4. r u 4 3= -st',VI, 1085.,.I,,,,-,-.,07„.0*-.Evs.v..::.j,-Al..:1?"2:-....-::,2:‘4.:.1t4,.,.--- P 4010116. imell11111 - 1080 d _ Illpir. t 1105 s j:.4:itillifitt,i, Z3� ��, 1120 s h .F , Fe 1145 1 � A'k . ''": %r Y: 1140 ' .�'..-f-,- fr k-44- Buffer Size: 500 o 50 100 200 Feet Map Comments: IIIIIIIII This data (ii)i)1030 Tonkawa Road kcpurmpplosetesene .Hsens oner paccn Curacny; (s'iA)hSais f'tlembiwsehedih l,iawerne feororanyeswe ingerntati damagrorantyonuoferveyas,aitnnoy gu y or loss result;ng'sifrsomfurnothsisutyale. forga For more information,contact Hennepin CountyGlS Office 300 6th Street South,M inn eapdis,MN55487/g is.info@hennepin.us Date Application Received:January 22,2020 �O Date Application Considered as Complete: February 3,2020 60-Day Review Period Expires: April 2,2020 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 410ESH00' From: Jeremy Barnhart,AICP Community Development Director Date: February 18, 2020 Subject: LA20-000008, Hans Frees with Outdoor Excapes o/b/o Shane Ernzer, 505 Willow Drive South, Wetland Alteration Permit, Public Hearing Application Summary: The applicant is requesting a wetland alteration permit. Staff Recommendation: Planning Department Staff recommends approval contingent on obtaining a permit from the MCWD. Background The applicant is proposing to create a wildlife habitat within an existing wetland on their property. The spoils will be used to create a landscaping berm. The applicant has submitted an application with plans to the Minnehaha Creek Watershed District (MCWD)which has triggered a review by the Technical Evaluation Panel (TEP)which includes feedback from Board of Soil and Water Resource (BSWR), Department of Natural Resources (DNR), and Hennepin County. To impact or alter a wetland,the Watershed district must approve the sequencing and alteration plan,the City must approve a wetland alteration permit. Most wetland alteration permit include changing the boundaries or shape of an overall wetland and the City's Wetland Maps. This application does not propose changing of the boundaries of a wetland but requests approval to remove material within an existing wetland to add depth and create an open water area for wildlife habitat. The applicant is proposing to excavate roughly 7,850 sq.ft of the wetland to create a 100 foot wide open water pond with a proposed depth not the exceed 6 feet. The size of the wetland area is 5.11 acres making this alteration 3.5%of the total complex. Under the Wildlife Habitat exemption through WCA(Wetland Conservation Act) it is permissible to alter up to 5%of the total wetland complex. The applicant will be required by the MCWD to create an average of a 30 foot buffer around the wetland and provide a maintenance and monitoring plan for the buffer. The project will go before the MCWD Board on February 27, 2020. MCWD staff has indicated the applicant meets the criteria for the wildlife habitat exemption; MCWD staff is supporting the request. TEP The DNR and BWSR have provided recommendation on the project, including the DNR specification for pond excavation of the WCA regulated wetland. Based on the submitted plans the DNR Hydrologist has noted the project follows the intent of the DNR specification. BWSR concurs with the DNR findings of the project meets the intent of the WCA pond excavation LA20-000008 February 18,2020 Page 2 of 5 requirements. MCWD is Local Governing Unit(LGU)for WCA regulations and will be issuing the WCA permit and approval for this pond excavation project. The applicant is proposing to use the material excavated from the wetland area to create a landscaping berm along the east property line along Willow Drive. It is estimated that roughly 300 cubic yards of addition material will be needed to be imported into the site to complete the berm and grading. An administrative land alteration/grading permit will be required. LOT ANALYSIS WORKSHEET Section 78-420-Setbacks: No proposed building or hardcover changes for the project. The MCWD will require a new wetland buffer averaging 30 feet and is shown on the submitted site plan. Standards For The Wetland Overlay District, Buffer Areas And Neighboring Lands (Section 78- 1608) (1) Protection of wetlands. A. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply.All underlying zoning requirements are met. B. No structures are allowed in the wetland overlay districts except those allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. No Structures are proposed. C. Activities including, but not limited to, building(other than a boardwalk or dock), paving, mowing, vegetation removal,filling, dumping, yard waste disposal or fertilizer application are prohibited. Invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the city. The applicant is proposed to maintain the wetland and established a new 30 foot signed buffer planted with MCWD approval planting. D. Before grading or construction near a wetland,the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland, or as required by the city. This fencing must remain in place until all development activities that may affect the wetland have been finished and adequate vegetative cover has been established at which time the fencing must be removed. The proposed project includes an erosion control plan that must be approved by the City Engineer and MCWD. E. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. No proposed structures. F. All hard-surface runoff must be treated in accordance with the requirements of the city and the appropriate watershed district.Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner.There are no proposed changes to hardcover for the property. G. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in accordance with the city's surface water management plan and the LA20-000008 February 18,2020 Page 3 of 5 appropriate MCWD requirements. The City Engineer has preliminary reviewed and provided comments for the project as it pertains to drainage. A full review will be required before issuing a Grading and Land Alteration permit. MCWD permits are required for the approval for the proposed project. Alterations of Wetland (Sec 78-1610) (b) Alteration of land within a wetland overlay district will only be allowed if water storage is provided in an amount compensatory to that removed. Unless otherwise approved by the city council, compensatory wetland area must be provided within the same subwatershed district as the wetland being altered. In determining the appropriateness of an alteration request,the city council will consider: a. the size of the total wetland district. 5.11 acres (222,591 sq.ft) b. the magnitude of the area proposed for alteration The proposed pond will generally be 100'wide and will require 7,850 sq.ft of excavate. c. the aesthetic The applicant has worked with the DNR, BWSR, and MCWD to create a naturally shaped open water are for the creation of wildlife habitat. The applicant is proposed to install grasses within the wetland buffer and has submitted a landscaping plan for the berm and other areas of the property. d. hydrological and ecological effect. The MCWD is reviewing the proposed wildlife habitat for its hydrological effect of the area.The wildlife habitat can be approved with a WCA permit.This will be a contingency for city approval. e. the type and function of wetlands involved.The wetland type is changing to allow for a wildlife habitat. This is being reviewed my MCWD. f. and such other factors as may be appropriate in order to provide the maximum feasible protection to the wetlands. A new buffer will be established for this new wetland area. The applicant is also proposed a larger landscape plan for the property and address drainage concerns. Engineer Comments The City Engineer has reviewed the wetland alteration submittal documents. The City Engineer would defer all review for the wetland alteration to the MCWD and would recommend approval with their issuance of a permit. The following must be addressed before a land alteration permit can be issued: • The site plan, landscaping plan and "Wetland Overlay"documents depict three different sets of grading. The grading depicted should match. Grading should be confined to the subject property and not within the ROW with the exception of a construction entrance which will need to be restored prior to project completion. Note the grading plan as shown on the"Proposed Survey 1.22.19.pdf" is acceptable pending approval from MCWD for the wetlands disturbances. • SWPPP-Sediment/Erosion Control -The Grading Plan should be revised to indicate perimeter erosion control measures (silt fence, bio logs, etc.) down gradient from proposed work. This could be shown on the site/grading plan or could be a separate document. Septic Review Due to the introduction of a new berm, the building official will require a site plan indicating the LA20-000008 February 18,2020 Page 4 of 5 locations of the current and alternate septic sites for the property. A review will be required before a grading and land alteration permit is issued. Public Comments Given the public hearing notices for both the City and MCWD, many neighbors have called with questions regarding the application. One neighbor at 450 Willow Dr S. submitted an email with clarification questions and noted concerns about changes and impacts to the existing wetland. These comments are provided in Exhibit F. A second letter was received from the owners at 2580 Fox Street. This neighbor's concerns are regarding the purpose for the project, use of the pond, notification process and overall enforcement of pond use. Staff reviewed the submitted letter and can provide some clarification: 1. The applicant stated their intention is to "create open water space for waterfowl to use as a pond." The MCWD is the regulatory body as it pertains to the wetland and area hydrology. Commissioners can request further information from the applicant pertaining to the application and intent of the project. 2. The applicant has indicated any interest in watercraft use. Given the size of 100 foot diameter, varying depths of 6.6 feet or less and configuration of the open water, watercraft use is not likely. The City of Orono does not regulate watercraft on lakes or waterways. The MCWD has commented that the use of watercraft in the project space will most likely be damaging to the wildlife which would be a violation to the MCWD's WCA permit and the applicant's intent of the project. Stockpiling of fish would be regulated by the DNR. 3. The project is required to obtain a Wetland Alteration Permit from the City and a WCA permit from the MCWD. A conditional use permit is not applicable for this project. 4. The application was published followed the City of Orono's guidelines. Postcards were sent out within 10 days of the meeting on 2/7/20 for the 2/18/20 Planning Commission meeting. Any violation would be enforced by the appropriate regulatory authority. Issues for Consideration 1. Does the Planning Commission find that this proposed wetland change to be consistent with the purpose of the wetland protections, and the comprehensive plan? 2. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested approval(s)? 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the proposed wetland alteration subject to the following: 1. Permits from the MCWD 2. Grading and Land Alteration Permit issuance a. Approval erosion control plan b. Identification of and Protection of Septic areas List of Exhibits Exhibit A. Application LA20-000008 February 18,2020 Page 5 of 5 Exhibit B. Survey/Site Plan Exhibit C. Pond Cross Section Exhibit D. MCWD Application Exhibit E. DNR/BSWR comments Exhibit F. Public Comments Exhibit G. Property Owners List and Map Letter View Land Use Application Summary Application Date: 01/22/2020 Address: 505 WILLOW DR S LONG LAKE, MN 55356 Parcel Number: 0411723410012 Land Use Number: LA20-000008 Application Submitted By: Agent on behalf of property owner Owner: Name: SHAYNE ANN ERNZER Address: 505 WILLOW DR S LONG LAKE, MN 55356 Name: Hans Frees Applicant: Company: Outdoor Excapes of Lake Minnetonka Inc. Address: 2345 Daniels Street Long Lake, MN 55356 hfrees@outdoorexcapes.com Contact Information: Associated Contact: Hans Frees hfrees@outdoorexcapes.com Associated Contact: SHAYNE ANN ERNZER Associated Contact: Associated Contact: Project Description: Wetland Alteration& Continue Berm along East property line along Willow Drive North of Driveway Land Use Application Type: Amendmend Application El Appeal of Admin Decision 0 Concept Application 0 Wetland Alteration Permit Site Plan Application Subdivision Application Subdivision Exception U Vacation Application Variance Application Applicant Signature: kivAS Frees file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(1).htm[2/13/2020 4:07:41 PM] Existing Survey Advance I rraa Surveying&Engineering,Co. 1 ' J __ _ Inn RRm.Y, ________ _ _____ Phone,952,474-798,1 I .Lrao I SEM.OEM THAT THIS FOB SUM OR WPM.BM PROAREO BY BE DR MOD BY MO MAIAD W FR mE MOS or THE STA A 7 1474.8L1474.8L/IV,/l �r.B i 42379 6/ OCTOBER 15,2019 DATE DRAMS ORIENTATION&SCALE n Y I I I 0 40 BO CLIENT NAME/JOB ADDRESS I OUTDOOR cow ESCAPES •\._...... /" .i R.w— I SOS WILLOW i T _i —.moi-aa=— —'— DRIVE i -____-----------__-94z\ ,o, w ORONO, MN 1.k' r"" ,,,,, 916 / .w • �• -91x0 / +!.P'm / 92 i i 956 /I I / ... I -960-- - • r —`••A� 11114t• I • n • •w•• ry/ di•`u• • I �i,a 7 4. y , ...,, ,. , 'I Tar • ' A /+µ •.Y I \ .\t pR �� •1 •`- 1 ... / LEGEND �. s',suer a'i I'•'•� y•� /i �® •cox r Rr .. 1 .IrII1L e 111 1 ,,r�' ,, "` ...w 1 i \ i _Jg e ....\A ', .."""II, —.— ....... '• I DATE RENSION DESCRIPODS 1 - . . ... e \\ II I 11 I/ ,, 'I i/ / \\ I I I I I I __ LEGAL DESCRIPTION: Lot 2,Block I,MAJESTIC SPRUCE ADDITION,Hennepin County,Minnesota. SCOPE OF WORK&LIMITATIONS: am...RR.OCTOBER 14,BOts 1. Showing the length and direction of boundary lines of the legal description hated above. The scope of our services does not include determining what you own,which is a legal matter. Please check the legal description with your art mvrt• OCTOBER IS IMO records or consult with competent legal counsel,if necessary,to make sure that it is correct and that any matters of record,such as easements,that you wish to be included on the survey have been shown. SHEET TITLE 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Settingkers or veru tin EXISTING survey mar verifying existing survey markers to establish the comers of the property. CONDITIONS 4. This survey has been completed without the benefit of a current tide commitment.Them maybe existing easements or other encumbrances that would be revealed bye current title commitment.Therefore,this survey does not purport SURVEY to show any easements or encumbrances other than the ones shown hereon. DRAMS NUMBER 5. Showing elevations on the site at selected locations to give some indication of the topography of the site.We have also provided a benchmark for your use in determining elevations for construction on this site.The elevations shown relate only to the benchmark provided on this survey.Use that benchmark and check at least one other feature shown on the 191475 TB survey when determining other elevations for use on this site or before beginning construction.Note that the contours ere derived from LIDAR contouring. SHEET 9ZE 22 X 34 6. Note that all building dimensions and building tie dimensions to the property lines,are taken from the siding and or stucco of the building. SHEET NOMB6i STANDARD SYMBOLS R CONVENTIONS: S •.'Denotes iron survey marker,set,unless otherwise noted. SHEET 1 Cr 1 Proposed pond, buffer, stockpile Advance ' r-v . location, grading and landscape Sm)ey«y a Fnya,er>d.g co I Planaa�Nrwrarb.3.9 r , tom . it —91177 icl.R1.1 I.. lrwaaY Y,,, 3p Ram I OCTOSER 15,nee we n 1 11 03,4A1y2714_11MIPA t NAS r F, I IN Tr t, .r. -" I xast6 ate o 40 Bre 1 cuu,u ROW elm emotes V F !r OUTDOOR \ t —r4- I t" ESCAPES �-- • °" o • ' 505 WILLOW YEn.1,artm _-.,q - DRIVE �' SxfiY ,r ue .�. � a ARMOR pee �1�111t. e- • j ORO,NO, MN PROPOSED aerbm Mbit 46661Q'T _ -ot PROPOSED`EEL LOA rw rc I ,p 1 , 6 OIL B t fp s >`-- -w. ._ . r e C . ,....._-,....,:r:-,. l t Oka\ , OI eln� s,Y-".`'let- ---_i.- _ 40,1 j { '' isw �N" v/A Pat,AKA I I + «.,,, l .ref „SOW'''. f.;'• r%'2��,.I'' , rWIND°LEPER AR. -..X./4 - --'"`_., soya r �, ,"/ 1 I A/ . ,z/.....,://7 4 7*—-----**".— ... /,',r jr.,41.i . ,' I , 7 ,,, __ _ /,„-0,,,,,., ; , , i / / , , , , . .;Ift "' --\_} 1 i / / I r.', Z .,L ----,49...00.4*-6 '. . /'' > 'Ile l "evol d 1,tr "1M!roF>M - w r Y . / *al0 11) U5>r aswerw> r; 1':& \ t -WtN I fl 8 fl, } r 1 4«61.011 ;ft Plow Iawwlr odr'1 (/ I ! et �y1.I V -1-G. {fYrr 1 ocMwo ?,1, Ir' il" t "1 !a.Lo•�1 II,. _4_, ,��'t7111r1W'.s iI ( —T-4WGIYAW a. I I MIR LINE } _!` _ + .r� dC=1 L# �a04I n.. FlincariY.ytoPAI WAIN Ln Pwu?'s*. i A9 �, _ \ / aAu arv�eN®atoawN, ��/ \ \, ` , III .,.- - I f„-'_~ \,` `� I III I LE[iAL UaSCttIPfION: 1 or:,Bled I,MAd1-I IC SPKUCI Atx>I l It IN,HennePm Comm',Manes. SCOP,(It\s'MK.R I IMITATIONS .0 W.0C0u'amu 10 MIR I Shaming the length and dlrmiun of Awldr)lines of,he legal d0rnplm halal ohne the some of our semi,,. dues non include&Mwhat lou oun..h04 tt a legal math, Plmse cheek the legal dexnpium.ah your 1441"'K>ClIg4 s5 Zia t oNs or cunwll with competent legal,,unrcl.if neuemary.to make sine that it u correct aN dud en,matters of Mord.such To eanrnlenn.Mae you aub lobe rahudcd an OK-50110y haw ha»shun MITT,.€€ sr mnng thelocation of alNemd ui,tiag improvements us deem mummy f:the solve, '',ISTINU 3 Settingtun,rmarkersuSetifyingesluingsurreymnrientomudirlltheunmeraal-tepntputy CONDITIONS a. Thor sniey An hen oonpletd without the,cmx6,or a introit lick nMmohrlmL There ma)be esishng a0N:m nn or Other elru,br.nces char would he muted M e CORM nmenr(,roof«.Mwn us ey Jaw ma purport SURVEY 41 .thaany rano rera on esoarrd.nncea ober dun o[haunrctheme,thou,hereon S. Sha.mg elesatuns on the men*Armed hmule m ugive mom imlkati,nof thetopography of the die.We lose also I]WPa' MJ'AEi pe+idad a hua:hrnaaS rut your use in dmrinunio5 dasawna tin rrnehurun um this aide.The etnvlimi ORM%Moir only to the beuhtnark pro\idpl on dos Pune)UK.,hal tiros nurk and[,souk at kvsa one Mon teahue 110001 on the 19/475 713 survey.hen dalermoung arbor elnan atnau for me Shu site or before begimuoo t mtnlctitn Nate that the ca•sam ATM d&nod from I lDM8 oonenunn_aSlf.f. ,WI 22 x d. Nue due all building dinsemium and hmldmg he dimsai.m la the paper.Imes,am nken Poon Ile sang and or Stlae50 cite balding. 64�i N_u48ER STANDARD S)'MltOT S8 CONVENTIONS 1 `••Ihomes iron sun es matter.am.001005 other.,se Hord eaeer aunt • c- • ° ° n °"'"-°. 2 • W U \ x o co At i.0 ° 'fir p O o W - o O SJ •• w N a 1 A A o° ° 4 � `9 ° '2 ' N • 1 ° ° 0 ° ° U LLQ U Q 0 • CZ • • ° 10 W W in LP) O m H° ° ooE ° ° • W. inW WI o O z LO Berm Cross-Section PROPOSED 956 PROPOSED 958— PROPOSED 964 PROPOSED 960— PROPOSED 954 PROPOSED 962 PROPOSED 962 PROPOSED 952 PROPOSED 960 PROPOSED 964 PROPOSED 950 PROPOSED 948 EX.962 PROPOSED 946 EX.960 EX.958 PROPOSED 944 EX.956 EX.954 EX.952 EX.950 EX.948 EX.946 EX.944 Joint Application Form for Activities Affecting Water Resources in Minnesota This joint application form is the accepted means for initiating review of proposals that may affect a water resource(wetland, tributary,lake,etc.)in the State of Minnesota under state and federal regulatory programs.Applicants for Minnesota Department of Natural Resources(DNR)Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. Applicants can use the information entered into MPARS to substitute for completing parts of this joint application form (see the paragraph on MPARS at the end of the joint application form instructions for additional information).This form is only applicable to the water resource aspects of proposed projects under state and federal regulatory programs;other local applications and approvals may be required. Depending on the nature of the project and the location and type of water resources impacted,multiple authorizations may be required as different regulatory programs have different types of jurisdiction over different types of resources. Regulatory Review Structure Federal The St.Paul District of the U.S.Army Corps of Engineers(Corps)is the federal agency that regulates discharges of dredged or fill material into waters of the United States(wetlands,tributaries,lakes,etc.)under Section 404 of the Clean Water Act(CWA)and regulates work in navigable waters under Section 10 of the Rivers and Harbors Act. Applications are assigned to Corps project managers who are responsible for implementing the Corps regulatory program within a particular geographic area. State There are three state regulatory programs that regulate activities affecting water resources. The Wetland Conservation Act (WCA)regulates most activities affecting wetlands.It is administered by local government units(LGUs)which can be counties, townships,cities,watershed districts,watershed management organizations or state agencies(on state-owned land).The Minnesota DNR Division of Ecological and Water Resources issues permits for work in specially-designated public waters via the Public Waters Work Permit Program(DNR Public Waters Permits). The Minnesota Pollution Control Agency(MPCA)under Section 401 of the Clean Water Act certifies that discharges of dredged or fill material authorized by a federal permit or license comply with state water quality standards.One or more of these regulatory programs may be applicable to any one project. Required Information Prior to submitting an application,applicants are strongly encouraged to seek input from the Corps Project Manager and LGU staff to identify regulatory issues and required application materials for their proposed project. Project proponents can request a pre- application consultation with the Corps and LGU to discuss their proposed project by providing the information required in Sections 1 through 5 of this joint application form to facilitate a meaningful discussion about their project. Many LGUs provide a venue(such as regularly scheduled technical evaluation panel meetings)for potential applicants to discuss their projects with multiple agencies prior to submitting an application.Contact information is provided below. The following bullets outline the information generally required for several common types of determinations/authorizations. • For delineation approvals and/or jurisdictional determinations,submit Parts 1,2 and 5,and Attachment A. • For activities involving CWA/WCA exemptions,WCA no-loss determinations,and activities not requiring mitigation, submit Parts 1 through 5,and Attachment B. • For activities requiring compensatory mitigation/replacement plan,submit Parts 1 thru 5,and Attachments C and D. • For local road authority activities that qualify for the state's local road wetland replacement program,submit Parts 1 through 5,and Attachments C,D(if applicable),and E to both the Corps and the LGU. Minnesota Interagency Water Resource Application Form February 2014 Page 1 of 13 Submission Instructions Send the completed joint application form and all required attachments to: U.S Army Corps of Engineers.Applications may be sent directly to the appropriate Corps Office. For a current listing of areas of responsibilities and contact information,visit the St.Paul District's website at: http://www.mvp.usace.armv.mil/Missions/Regulatorv.aspx and select"Minnesota"from the contact Information box. Alternatively,applications may be sent directly to the St.Paul District Headquarters and the Corps will forward them to the appropriate field office. Section 401 Water Quality Certification:Applicants do not need to submit the joint application form to the MPCA unless specifically requested. The MPCA will request a copy of the completed joint application form directly from an applicant when they determine an individual 401 water quality certification is required for a proposed project. Wetland Conservation Act Local Government Unit: Send to the appropriate Local Government Unit.If necessary,contact your county Soil and Water Conservation District(SWCD)office or visit the Board of Water and Soil Resources(BWSR)web site (www.bwsr.state.mn.us)to determine the appropriate LGU. DNR Public Waters Permitting:In 2014 the DNR will begin using the Minnesota DNR Permitting and Reporting System(MPARS)for submission of Public Waters permit applications(https://webappsll.dnr.state.mn.us/mpars/public/authentication/login). Applicants for Public Waters permits MUST use the MPARS online permitting system for submitting applications to the DNR. To avoid duplication and to streamline the application process among the various resource agencies,applicants can use the information entered into MPARS to substitute for completing parts of this joint application form. The MPARS print/save function will provide the applicant with a copy of the Public Waters permit application which,at a minimum,will satisfy Parts one and two of this joint application. For certain types of activities,the MPARS application may also provide all of the necessary information required under Parts three and four of the joint application. However,it is the responsibility of the Applicant to make sure that the joint application contains all of the required information,including identification of all aquatic resources impacted by the project(see Part four of the joint application). After confirming that the MPARS application contains all of the required information in Parts one and two the Applicant may attach a copy to the joint application and fill in any missing information in the remainder of the joint application. Minnesota Interagency Water Resource Application Form February 2014 Page 2 of 13 Project Name and/or Number: PART ONE: Applicant Information If applicant is an entity(company,government entity,partnership,etc.),an authorized contact person must be identified. If the applicant is using an agent(consultant,lawyer,or other third party)and has authorized them to act on their behalf,the agent's contact information must also be provided. Applicant/Landowner Name: Shayne Ernzer&Mark Moorhouse Mailing Address: 505 Willow Dr.S,Orono,MN 55364 Phone: (763)227-1622 E-mail Address: Shayne_er@hotmail.com Authorized Contact(do not complete if same as above): Hans Frees Mailing Address: 2345 Daniels St.Long Lake, MN 55356 Phone: (952)926-6899 E-mail Address: info@outdoorexcapes.com Agent Name: Outdoor Excapes of Lake Minnetonka Mailing Address: 2345 Daniels St.Long Lake,MN 55356 Phone: (952)926-6899 E-mail Address: info@outdoorexcapes.com PART TWO: Site Location Information County: Hennepin City/Township: Orono Parcel ID and/or Address: Legal Description(Section,Township,Range): Lat/Long(decimal degrees): 44.97,-93.58 Attach a map showing the location of the site in relation to local streets,roads,highways. Approximate size of site(acres)or if a linear project,length(feet): 8.33 Acres If you know that your proposal will require an individual Permit from the U.S.Army Corps of Engineers,you must provide the names and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your application or by using block 25 of the Application for Department of the Army permit which can be obtained at: http://www.mvp.usace.armv.mil/Portals/57/docs/regulatory/RegulatorvDocs/engform 4345 2012oct.pdf PART THREE: General Project/Site Information If this application is related to a delineation approval,exemption determination,jurisdictional determination,or other correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number. Describe the project that is being proposed,the project purpose and need,and schedule for implementation and completion.The project description must fully describe the nature and scope of the proposed activity including a description of all project elements that effect aquatic resources(wetland,lake,tributary,etc.)and must also include plans and cross section or profile drawings showing the location,character,and dimensions of all proposed activities and aquatic resource impacts. The project we're proposing is an increase in depth of a type 3 wetland.The wetland is approximately 5.11 acres in size, nd we want to clear out a small section of plants and excavate it to create a space for open water.The proposed project size is 7850 square feet around(shown on the map attached at the end of the document)and will not exceed the 6.6-foot excavation guidelines(as shown in the cross-section details)or the five percent of the wetland area. Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 13 We will use an excavator to clear out the shown sections to create more room in the wetland for open water.While we excavate,we will make sure to watch for any erosion and take erosion control methods.We have three areas to watch for erosion:The stream that runs through the southwest corner of the wetland,and both sides of the stockpile area (southeast corner).We will have measures in place to ensure the erosion doesn't affect the areas around it.We will also be stockpiling the excavated materials onsite.The area can be seen on the map attached. On top of that we have proposed a 30'buffer between the wetland and the homeowner's yard.Again,this can be seen on the map that we've attached.We will be placing wetland buffer signs around the area every 100 feet. The goal of this project is to create an open space for waterfowl to use as a pond.The area has become dominated by cattails,making it impractical for larger animals to use the space.By creating open water,they should come back and utilize the pond as a pond.And,the limited area of work will still allow the species that are currently living there to continue to thrive. This property was delineated as a type 3 wetland in 2008.Although it has since expired,we're requesting that the LGU honors the delineation for the purposes of this project. Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 13 Project Name and/or Number: PART FOUR: Aquatic Resource Impact1 Summary If your proposed project involves a direct or indirect impact to an aquatic resource(wetland, lake,tributary, etc.) identify each impact in the table below,Include all anticipated impacts,including those expected to be temporary.Attach an overhead view map, aerial photo,and/or drawing showing all of theaquatic resources in the project area and the location(s)of the proposed impacts. Label each aquatic resource on the map with a reference number or letter and identify the Impacts in the following table. Type of Impact Duration of County,Major Aquatic Existing Plant Aquatic Resource (fill,excavate, Impact Overall Size of Watershed#, Resource Type Community ID(as noted on drain,or Permanent(P) Size of Impact' Aquatic and Bank (wetland,lake, Type(s)in overhead view) remove or Temporary Resource 3 Service Area# tributary etc.) Impact Area4 vegetation) (T)1 of Impact Areas 1 Wetland Remove Veg. Permanent 7850 sqft. 222,591.6 sqft. 3 7 Excavate (5.11 Acres) llf impacts are temporary;enter the duration of the impacts In days next to the"T". For example,a project with a temporary access fill that would be removed after 220 days would be entered"T(220)". 2lmpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact along the flowline of the stream followed by the area impact in parentheses). For example,a project that impacts 50 feet of a stream that Is 6 feet wide would be reported as 50 ft(300 square feet). 3This Is generally only applicable if you are applying for a de miriimis exemption under MN Rules 8420.0420 Subp.8,otherwise enter"N/A", "Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3'd Ed.as modified in MN Rules 8420.0405 Subp.2. sReferto Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7. If any of the above identified impacts have already occurred,identify which impacts they are and the circumstances associated with each: PART FIVE: Applicant Signature ❑ Check here If you are requesting a pre-application consultation with the Corps and LGU based on the information you have provided. Regulatory entities will not initiate a formal application review if this box is checked. By signature below,I attest that the informati.n in this application is complete and accurate. I further attest that I possess the authority to undertake the w. •escribe• erein. Signature: / 4.°P Date: -2/8 I hereby authorize Outdoor Excapes to act on my behalf as my agent in the processing of this application and to furnish,upon request,supplemental Information in support of this application. • 'The term"impact"as used in this joint application form is a generic term used for disclosure purposes to identify activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to indicate whether or not those activities may require mitigation/replacement. Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 13 Project Name and/or Number: Attachment A Request for Delineation Review, Wetland Type Determination, or Jurisdictional Determination By submission of the enclosed wetland delineation report,I am requesting that the U.S.Army Corps of Engineers,St. Paul District (Corps)and/or the Wetland Conservation Act Local Government Unit(LGU)provide me with the following(check all that apply): n Wetland Type Confirmation Delineation Concurrence. Concurrence with a delineation is a written notification from the Corps and a decision from the LGU concurring,not concurring,or commenting on the boundaries of the aquatic resources delineated on the property.Delineation concurrences are generally valid for five years unless site conditions change.Under this request alone,the Corps will not address the jurisdictional status of the aquatic resources on the property,only the boundaries of the resources within the review area (including wetlands,tributaries,lakes,etc.). ® Preliminary Jurisdictional Determination.A preliminary jurisdictional determination (PJD)is a non-binding written indication from the Corps that waters,including wetlands,identified on a parcel may be waters of the United States. For purposes of computation of impacts and compensatory mitigation requirements,a permit decision made on the basis of a PJD will treat all waters and wetlands in the review area as if they are jurisdictional waters of the U.S. PJDs are advisory in nature and may not be appealed. ®Approved Jurisdictional Determination.An approved jurisdictional determination (AJD)is an official Corps determination that jurisdictional waters of the United States are either present or absent on the property.AJDs can generally be relied upon by the affected party for five years.An AJD may be appealed through the Corps administrative appeal process. In order for the Corps and LGU to process your request,the wetland delineation must be prepared in accordance with the 1987 Corps of Engineers Wetland Delineation Manual,any approved Regional Supplements to the 1987 Manual,and the Guidelines for Submitting Wetland Delineations in Minnesota(2013). http://www.mvp.usace.army.mil/Missions/Regulatory/DelineationJDGuidance.aspx Minnesota Interagency Water Resource Application Form February 2014 Page 6 of 13 Project Name and/or Number: Attachment B Supporting Information for Applications Involving Exemptions, No Loss Determinations, and Activities Not Requiring Mitigation Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either exempt from replacement or are not under CWA/WCA jurisdiction. Identify the specific exemption or no-loss provision for which you believe your project or site qualifies: 8420.0410 No-loss and Exemption Conditions 8420.0420 Exemptions Subp.9 Wildlife Habitat Provide a detailed explanation of how your project or site qualifies for the above.Be specific and provide and refer to attachments and exhibits that support your contention.Applicants should refer to rules(e.g.WCA rules),guidance documents(e.g. BWSR guidance,Corps guidance letters/public notices),and permit conditions(e.g.Corps General Permit conditions)to determine the necessary information to support the application.Applicants are strongly encouraged to contact the WCA LGU and Corps Project Manager prior to submitting an application if they are unsure of what type of information to provide: A person conducting an activity in a wetland under no-loss in part 8420.0415 or an exemption in part 8420.0420 must ensure that: A. Appropriate erosion control measures are taken to prevent sedimentation of the wetland or of any receiving waters; a. We will ensure the erosion is monitored weekly. B. The activity does not block fish activity in a watercourse,except when done purposely to prevent movement of undesirable fish species in accordance with a recommendation from the commissioner;and a. By making the area bigger we won't be blocking any fish activity. C. The activity is conducted in compliance with all other applicable federal,state, and local requirements, including best management practices according to the documents referenced in part 8420.0112,items L,M, and N,and water resource protection requirements established under Minnesota Statues,chapter 103H. a. We will be following the compliances of federal,state,and local requirements. Subp.9.Wildlife habitat.A replacement plan is not required for: A. excavation or the associated deposition of spoil within a wetland for the primary purpose of wildlife habitat improvement,if: a. the total area of deposition,and excavation if within the permanently or semipermanently flooded areas of type 3,4,or 5 wetland,does not exceed five percent of the wetland area or one-half acre, whichever is less,and the spoil is stabilized to prevent erosion and native,noninvasive vegetation is established; i. We've calculated the right amount of area to ensure that we do not exceed the five percent of the wetland.It will be 7850 sqft,and roughly 6.6 feet deep in a 5.11-acre wetland.The spoil will be stabilized on the southeast and the southwest corners of the wetland,and we will be planting natural vegetation at the end of the project. b. the project does not have an adverse effect on any species designated as endangered or threatened under state or federal law;and i. The area of work is slight enough that the majority will not be affected by the excavation.Along with that,there are other wetlands within one-half mile of the wetland we want to do the work in. c. the project will provide wildlife habitat improvement as certified by the soil and water conservation district or technical evaluation panel using Wildlife Habitat Improvements in Wetlands:Guidance for Soil and Water Conservation Districts and Local Government Units in Certifying and Approving Wetland Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 13 Conservation Act Exemption Proposals,Minnesota Interagency Wetlands Group,December 2000,or similar criteria approved by the board; i. We'll be providing a wildlife habitat improvement because the wetland is currently dominated by cattails.By removing these we can help the waterfowl and other species that benefit from open water. Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 13 Project Name and/or Number: Attachment C Avoidance and Minimization Project Purpose,Need,and Requirements.Clearly state the purpose of your project and need for your project. Also include a description of any specific requirements of the project as they relate to project location,project footprint,water management, and any other applicable requirements.Attach an overhead plan sheet showing all relevant features of the project(buildings, roads,etc.),aquatic resource features(impact areas noted)and construction details(grading plans,storm water management plans,etc.),referencing these as necessary: Avoidance.Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist. Clearly describe all on-site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives that avoid all impacts to aquatic resources on the site.These alternatives may include alternative site plans,alternate sites,and/or not doing the project.Alternatives should be feasible and prudent(see MN Rules 8420.0520 Subp.2 C).Applicants are encouraged to attach drawings and plans to support their analysis: Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water resources(see MN Rules 8420.0520 Subp.4): Off-Site Alternatives. An off-site alternatives analysis is not required for all permit applications. If you know that your proposal will require an individual permit(standard permit or letter of permission)from the U.S.Army Corps of Engineers,you may be required to provide an off-site alternatives analysis. The alternatives analysis is not required for a complete application but must be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final decision. Applicants with questions about when an off-site alternatives analysis is required should contact their Corps Project Manager. Minnesota Interagency Water Resource Application Form February 2014 Page 9 of 13 Project Name and/or Number: Attachment D Replacement/Compensatory Mitigation Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road wetland replacement program.Applicants should consult Corps mitigation guidelines and WCA rules for requirements. Replacement/Compensatory Mitigation via Wetland Banking.Complete this section if you are proposing to use credits from an existing wetland bank(with an account number in the State wetland banking system)for all or part of your replacement/compensatory mitigation requirements. Bank Wetland Bank Major Credit Type County Service Number of Credits Account# Watershed# (if applicable) Area# Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least a tentative agreement to utilize the identified credits for the project.This documentation could be a signed purchase agreement,signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the bank owner. However,applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is approved by the Corps and LGU. Project-Specific Replacement/Permittee Responsible Mitigation.Complete this section if you are proposing to pursue actions (restoration,creation,preservation,etc.)to generate wetland replacement/compensatory mitigation credits for this proposed project. Corps Mitigation Bank WCA Action Eligible Credit% Credits Major Compensation Acres County Service for Credit' Requested Anticipated' Watershed# Technique2 Area# 1Refer to the name and subpart number in MN Rule 8420.0526. 2Refer to the technique listed in St.Paul District Policy for Wetland Compensatory Mitigation in Minnesota. 31f WCA and Corps crediting differs,then enter both numbers and distinguish which is Corps and which is WCA. Explain how each proposed action or technique will be completed(e.g.wetland hydrology will be restored by breaking the tile ) and how the proposal meets the crediting criteria associated with it.Applicants should refer to the Corps mitigation policy language,WCA rule language,and all associated Corps and WCA guidance related to the action or technique: Attach a site location map,soils map,recent aerial photograph,and any other maps to show the location and other relevant features of each wetland replacement/mitigation site. Discuss in detail existing vegetation,existing landscape features,land use (on and surrounding the site),existing soils,drainage systems(if present),and water sources and movement.Include a topographic map showing key features related to hydrology and water flow(inlets, outlets,ditches,pumps,etc.): Minnesota Interagency Water Resource Application Form February 2014 Page 10 of 13 Project Name and/or Number: Attach a map of the existing aquatic resources,associated delineation report,and any documentation of regulatory review or approval.Discuss as necessary: For actions involving construction activities,attach construction plans and specifications with all relevant details. Discuss and provide documentation of a hydrologic and hydraulic analysis of the site to define existing conditions,predict project outcomes, identify specific project performance standards and avoid adverse offsite impacts.Plans and specifications should be prepared by a licensed engineer following standard engineering practices. Discuss anticipated construction sequence and timing: For projects involving vegetation restoration,provide a vegetation establishment plan that includes information on site preparation,seed mixes and plant materials,seeding/planting plan(attach seeding/planting zone map),planting/seeding methods,vegetation maintenance,and an anticipated schedule of activities: For projects involving construction or vegetation restoration,identify and discuss goals and specific outcomes that can be determined for credit allocation.Provide a proposed credit allocation table tied to outcomes: Provide a five-year monitoring plan to address project outcomes and credit allocation: Discuss and provide evidence of ownership or rights to conduct wetland replacement/mitigation on each site: Quantify all proposed wetland credits and compare to wetland impacts to identify a proposed wetland replacement ratio. Discuss how this replacement ratio is consistent with Corps and WCA requirements: By signature below,the applicant attests to the following(only required if application involves project-specific/permittee responsible replacement): • All proposed replacement wetlands were not: • Previously restored or created under a prior approved replacement plan or permit • Drained or filled under an exemption during the previous 10 years • Restored with financial assistance from public conservation programs • Restored using private funds,other than landowner funds,unless the funds are paid back with interest to the individual or organization that funded the restoration and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. • The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. • An irrevocable bank letter of credit,performance bond,or other acceptable security will be provided to guarantee successful completion of the wetland replacement. • Within 30 days of either receiving approval of this application or beginning work on the project,I will record the Declaration of Restrictions and Covenants on the deed for the property on which the replacement wetland(s)will be located and submit proof of such recording to the LGU and the Corps. Applicant or Representative: Title: Signature: Date: Minnesota Interagency Water Resource Application Form February 2014 Page 11 of 13 Project Name and/or Number: Attachment E Local Road Replacement Program Qualification Complete this part if you are a local road authority(county highway department,city transportation department,etc.)seeking verification that your project(or a portion of your project)qualifies for the MN Local Government Road Wetland Replacement Program(LGRWRP). If portions of your project are not eligible for the LGRWRP,then Attachment D should be completed and attached to your application. Discuss how your project is a repair,rehabilitation,reconstruction,or replacement of a currently serviceable road to meet state/federal design or safety standards/requirements.Applicants should identify the specific road deficiencies and how the project will rectify them.Attach supporting documents and information as applicable: Provide a map,plan,and/or aerial photograph accurately depicting wetland boundaries within the project area.Attach associated delineation/determination report or otherwise explain the method(s)used to identify and delineate wetlands.Also attach and discuss any type of review or approval of wetland boundaries or other aspects of the project by a member or members of the local Technical Evaluation Panel(TEP)or Corps of Engineers: in the table below,identify only the wetland impacts from Part 4 that the road authority has determined should qualify for the LGRWRP. Wetland Impact ID Type of Impact Size of Impact County,Major Watershed#, Existing Plant Community (as noted on (fill,excavate, (square feet or and Bank Service Area#of overhead view) drain) acres to 0.01) Type(s)in Impact Areal Impact2 2Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3rd Ed.as modified in MN Rules 8420.0405 Subp.2. 2Refer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp.7. Discuss the feasibility of providing onsite compensatory mitigation/replacement for important site-specific wetland functions: Please note that under the MN Wetland Conservation Act,projects with less than 10,000 square feet of wetland impact are allowed to commence prior to submission of this notification so long as the notification is submitted within 30 days of the impact. The Clean Water Act has no such provision and requires that permits be obtained prior to any regulated discharges into water of the United States. To avoid potential unauthorized activities,road authorities must,at a minimum,provide a complete application to the Corps and receive a permit prior to commencing work. By signature below,the road authority attests that they have followed the process in MN Rules 8420.0544 and have determined that the wetland impacts identified in Part 4 are eligible for the MN Local Government Road Wetland Replacement Program. Road Authority Representative: Title: Signature: Date: Minnesota Interagency Water Resource Application Form February 2014 Page 12 of 13 Technical Evaluation Panel Concurrence: Project Name and/or Number: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program? n Yes ❑ No Signature: Date: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program?❑Yes n No Signature: Date: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program? ❑Yes ❑No Signature: Date: TEP member: Representing: Concur with road authority's determination of qualification for the local road wetland replacement program?n Yes ❑No Signature: Date: Upon approval and signature by the TEP,application must be sent to: Wetland Bank Administration Minnesota Board of Water&Soil Resources 520 Lafayette Road North Saint Paul,MN 55155 Minnesota Interagency Water Resource Application Form February 2014 Page 13 of 13 Laura Oakden From: Carlson, Ben (BWSR) <ben.carlson@state.mn.us> Sent: Thursday, February 6, 2020 3:01 PM To: Will Roach;stacey.lijewski@co.hennepin.mn.us;Christine Mattson; Laura Oakden Cc: Heidi Quinn Subject: RE: 505 Willow Dr S/W19-36 Follow Up Flag: Follow up Flag Status: Flagged Will,if the DNR feels they are meeting the intent of the design guidelines then I am good with it. My only comment is the size of the wetland varies throughout the application,for example,on page 3 it says the wetland is 2.2 acres,on page 5 its 5.11 acres,and on page 7 its 2.2 acres. I think the overall size of the wetland is 5.11 acres,with approximately 2.2 acres(of wetland)within the applicants property. I'd recommend using the 5.11 acre number throughout the application as that is the size of the entire wetland. 5%of 2.2 acres is only 4,792 sq ft,the size of impact is 7,850 sq ft. This may cause some confusion. Other than that I think the application looks good. From:Will Roach<wroach@minnehahacreek.org> Sent:Thursday, February 6,2020 1:59 PM To: Carlson, Ben (BWSR)<ben.carlson@state.mn.us>;stacey.lijewski@co.hennepin.mn.us; Christine Mattson (Orono) <cmattson@ci.orono.mn.us>; Laura Oakden<loakden@ci.orono.mn.us> Cc: Heidi Quinn<hquinn@minnehahacreek.org> Subject: RE:505 Willow Dr S/W19-36 This message may be from an external email source. Do not select links or open attachments unless verified.Report all suspicious emails to Minnesota IT Services Security Operations Center. All, Please see the updated pond shape,cross-section,and WCA application.While working on the revisions the applicants contacted the DNR about the design specifications for a wildlife pond were informed they are meeting the intent. I contacted the DNR hydrologist they spoke to and he confirmed that he believes they are meeting the intent of the design guidelines(see attached email). Please provide comments by next Friday(2/14). Thank You, Will Roach Permitting Assistant Direct:952-641-4580 Office: 952-471-0590 1 Laura Oakden From: Bonin, BJ (DNR) <bj.bonin@state.mn.us> Sent: Tuesday, February 4,2020 3:48 PM To: Will Roach Cc: Spiegel,Jason (DNR) Subject: 505 Willow Drive South pond excavation Will: I've corresponded with Eric Kvam about the WCA pond excavation at 505 Willow Drive South. Since this is not a DNR regulated public water,the DNR does not have authority to permit or deny this work. BWSR has directed Mr. Kvam to use DNR specifications,so I have walked Mr. Kvam through the specifications. Based on the plan he sent me yesterday (Feb 3 2020), I think he is following the intent of the DNR specifications.As this wetland is not the DNR's regulatory responsibility, it is not the DNR's place to delve into the fine details of the plan. If MCWD or other regulatory agent decides that more stringent requirements are appropriate for this project,then our office will fully support that decision. I have previously informed Mr. Kvam that the watershed district may have additional conditions,so he should not be surprised if you have any requirements for this project to proceed. Let me know if you need anything else from us. BJ Bonin,PG Support Hydrologist J Ecological and Water Resources—Region 3 Minnesota Department of Natural Resources 1200 Warner Road St. Paul, MN,55106 Phone: 651-259-5717 mlDEPARTMENT OF NATURAL RESOURCES 450 Willow Dr S- Neighbor comments From: Bill Bowman To: Will Roach;Laura Oakden Cc: "ion ressler"; Melanie Curtis Subject: RE:LA20-000008 505 Willow Dr So Date: Tuesday,February 11,2020 6:39:18 AM Attachments: imaae005.onq Good Morning Will, Thank you and thank you everyone for all your help and info. As I noted before we will be out of town when these meetings are being conducted. We only have minor concerns but no strong objection to this project. We understand and trust the City of Orono and the MCWD will make a decision based on what is best for our community and the environment. We will stayed tuned for updates on the Orono website. Thanks again and have a great day! Bill Bill Bowman Production and Warehouse Manager Direct:763 504 3570 Ext.1359 Toll free:800 999 9399 + rause A.m.. Fax:763 5318291 7135 Northland Dr North Minneapolis,MN 55428 From:Will Roach <wroach@minnehahacreek.org> Sent: Monday, February 10, 2020 3:52 PM To: Bill Bowman <bbowman@carlson-airflo.com>; Laura Oakden <loakden@ci.orono.mn.us> Cc: 'jon ressler' <jonressler@outlook.com> Subject: RE: LA20-000008 505 Willow Dr So EXTERNAL EMAIL Bill, Attached is the proposed survey showing the proposed location and elevations of the berm in bold, length is approximately 190 ft by my rough measurement using the scale of 1"=40', and height varies across the berm itself. Based on our Engineer's review,the proposed berm is maintaining the natural direction of drainage-no concerns were found regarding either impacts to adjoining properties or downstream waterbodies. Thank You, Will Roach Permitting Assistant Direct: 952-641-4580 Office: 952-471-0590 14;f MINNEHANA CREEK WATERSHED DISTRICT From: Bill Bowman [mailto:bbowmanPcarlson-airflo.com] Sent: Monday, February 10, 2020 12:50 PM To:Will Roach <wroach(@minnehahacreek.org>; Laura Oakden <loakdenPci.orono.mn.us> Cc: 'jon ressler' <jonresslerPoutlook.com> Subject: RE: LA20-000008 505 Willow Dr So Hi Will, Thank you for this detailed information. One last question: Where on the drawing/site is the berm and what size is it? Thank you again, Bill Bill Bowman Production and Warehouse Manager Direct:763 504 3570 Ext.1359 4i ' Toll free:800 999 9399 ,r„,,,.,L.,h,.., Fax:763 5318291 7135 Northland Dr North Minneapolis, MN 55428 From:Will Roach <wroachPminnehahacreek.org> Sent: Monday, February 10, 2020 12:42 PM To: Bill Bowman <bbowmanc carlson-airflo.com>; Laura Oakden <loakdenPci.orono.mn.us> Cc: 'jon ressler' <jonresslerPoutlook.com> Subject: RE: LA20-000008 505 Willow Dr So EXTERNAL EMAIL Hello Bill, The rock entrance is a temporary feature required under the MCWD's Erosion Control rule to help prevent sediment tracking on to roads from machinery and vehicles entering or leaving a site, once work is completed these are removed. The stockpile material will be sediment removed from the wetland during the creation of the pond, it will be temporarily stored on site to drain/dry out and then will be incorporated into the proposed berm. As for the size of the impact,the total area of the pond will be 7,850 square feet,this was previously miscommunicated to the District and the application materials have been revised to show the correct size of the pond. Under the Wildlife Habitat exemption of the Wetland Conservation Act (WCA)the size of the pond is limited to either 5%of the total wetland complex or one-half acre, whichever is less. Since the size of the total wetland complex is 5.11 acres(222,591.6 sqft), and the size of the proposed pond , 7,850 sqft, is 3.5%of the total complex they are in the allowable degree of impact. As part of this project the applicants are required to establish a 30'wetland buffer and provide a maintenance and monitoring for buffer establishment and $5,000 of financial assurance. At this time the only work proposed by the applicants is the previously discussed pond and berm, generally wetland tree and/or vegetation removal does not require a permit from the MCWD. Like the City,the MCWD does not regulate watercraft, however, if any activities are observed to be negatively impacting or inhibiting the intended wildlife habitat this would be a violation of WCA permit and would result in enforcement actions by MCWD. This project has been scheduled to be brought before the MCWD Board of Managers on February 27th, a postcard for the board meeting and corrected size of impact has been sent to all residents within 600' of the project site. Thank You, Will Roach Permitting Assistant Direct: 952-641-4580 Office: 952-471-0590 MINNEHAHA CREEK WATERSHED DISTRICT From: Bill Bowman [mailto:bbowmanc carlson-airflo.com] Sent: Monday, February 10, 2020 11:22 AM To: Laura Oakden <loakden(aci.orono.mn.us> Cc: 'jon ressler' <ionresslerPoutlook.com>; Will Roach <wroachPminnehahacreek.org> Subject: RE: LA20-000008 505 Willow Dr So Hi Laura, Thank you for the docs. Questions— • 1. Is the crushed rock entrance for access during construction? • 2. Is the fallen willow tree being removed? • 3. Will the crushed rock entrance remain after construction is competed? • 4. What is the stockpile? • 5. Where is all the soil from the pond dig going? • 6. Assuming plan grids are 4ft, it appears the pond will be 100ft wide (west to east) and about 65ft (south to north)? • 7. It appears the pond will be basically where the lawn and wetland meet? • 8. It's hard to tell by this drawing but it looks like we would be able to see the pond from our driveway? Thank you for helping us understand the scope of this project. Bill Bill Bowman Production and Warehouse Manager ��---�� Direct:763 504 3570 Ext.1359 Toll free:800 999 9399 Er.s.,ra,r.v„iesu, Fax:763 531 8291 7135 Northland Dr North Minneapolis, MN 55428 From: Laura Oakden <loakdenPci.orono.mn.us> Sent: Monday, February 10, 2020 10:54 AM To: Bill Bowman <bbowmanPcarlson-airflo.com> Cc: 'jon ressler' <jonresslerPoutlook.com>; 'Will Roach' <wroachPminnehahacreek.org> Subject: RE: LA20-000008 505 Willow Dr So EXTERNAL EMAIL Hello Bill, Thank you for reaching out with your questions. I have attached the most up to date plans we have received. I believe the applicant is still working with the watershed and BWSR to clarify a few things so these plans may slightly change before the Planning Commission Meeting. The City does not regulate watercrafts on any of the lakes or waterways. The applicant has applied for a WACA permit with the watershed to create wildlife habitat. I believe the MCWD would be a good point of contact for any questions regarding the wildlife habitat. Any negative impacts to this new habitat area would be considered a violation from the watershed's WACA permit. I have included Will with MCWD on this email as a point of contact. Please let me know if you have any other questions or are looking for more information. Also, I will include your email as public comment received regarding this application. Let me know if you have any other comments or questions you wish to share for the Planning Commission meeting. Thank you Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! From: Melanie Curtis Sent: Monday, February 10, 2020 9:59 AM To: Bill Bowman <bbowman@carlson-airflo.com>; Laura Oakden <loakden@ci.orono.mn.us> Cc: 'jon ressler' <jonressler@outlook.com> Subject: RE: LA20-000008 505 Willow Dr So Hi Bill! I've copied Laura Oakden, she's the Planner handling this application. Not to kick this down the road further, but she should respond to your below questions. Laura can also be reached by phone at 952.249.4602. Thanks. Hope all is well. Melanie Melanie Curtis i 952.249.4627 Emcurtis(aci.orono.mn.us All permitting is now done through our new online portal - LINK! From:jon ressler [mailto:jonressler@outlook.com] Sent: Monday, February 10, 2020 8:29 AM To: Bill Bowman <bbowman@carlson-airflo.com>; Melanie Curtis<MCurtis@ci.orono.mn.us> Subject: Re: LA20-000008 505 Willow Dr So Good Morning Bill, Thanks for the note, let me copy in Melanie Curtis here, as she may have what you're requesting regarding the application. Melanie, is there any more information you can share on this application? Thanks Everyone, Jon G. Ressler Chair-Orono Planning Commission Get Outlook for iOS From: Bill Bowman <bbowmanPcarlson-airflo.com> Sent: Monday, February 10, 2020 8:23 AM To:JonResslercoutlook.com Subject: LA20-000008 505 Willow Dr So Good Morning Mr. Ressler, My wife, Cindy, and I live at 450 Willow Drive South. We received a postcard from the City of Orono with a notice regarding a public hearing,Tuesday, February 18 2020, during which one of the topics planned is application LA20-000008 for a wetland permit to alter the wetland across Willow from our house. We had previously received notice from the MCWD at which time we contacted them to learn what the plan was and to share our concerns. Unfortunately we will be out of town February 18th and will not be able to attend the meeting. Is there some way we can review the scope for the plans to alter the wetland? The MCWD indicated the plan was to open up a pond somewhere in the wetland for wildlife and something about a berm, however, it was difficult to picture the scale and locations with the description they gave us. One of the reasons we moved to Orono was the country feel, peace and quiet and especially the wetlands across the road and behind us. We enjoy the wildlife, birds and open spaces. We are concerned this would be negatively impacted by any planned changes. but not having seen any plans this may be a non-issue. We assume this open water space will not be accessible to watercraft, powered or not, and not for any kind of activities. Currently there is a fair amount of ATV and snowmobile traffic in the neighbor's yard, in the ditch, along their west lot line parallel with the wetland (a bridge was constructed to access the west lot line) and a small trail through the south side of the wetland. Vehicle noise is an issue, more so during the warmer months, but even during the winter. We are opposed to any access or use of this open pond area during any season. Here again we don't know the scope so our concerns may be unfounded. I could not find the plans on the Orono website, so it they are there would you please direct me to their location. If not could you please send us a PDF,to my work email and our home email cydbowc me.com, or could I stop by City Hall and either pick up a copy or meet with you. Please regard this email as our written comments/concerns should we not be able to meet. Thank you very much, Bill and Cindy Bowman,450 Willow Drive So. Bill cell #952.217.7422 Bill Bowman Production and Warehouse Manager C"a'" Direct:763 504 3570 Ext.1359 xt; • Toll free:800 999 9399 Fax:763 531 8291 7135 Northland Dr North Minneapolis,MN 55428 2580 Fox Street- Neighbor Letter February 13, 2020 Jamin and Maria Marks 2580 Fox Street Orono, MN 55391 City of Orono Re. Notice for Comment—Wetlands Excavation Project, 505 Willow Drive, Orono, MN Members of the Orono City Planning Commission, As neighboring property owners,we write to express our concern over the large proposed wetlands excavation project for the property at 505 Willow Drive South, (postcard#LA20-000008, prior communications#GLA20-000001). This project is being pursued via a Wetland Exemption request for waterfowl/wildlife habitat. However, we have concerns as to the underlying intended purpose for this large pond and the lack of clarity on means for ensuring preservation of the wetlands integrity in usage of this excavation once the project is complete. We do not believe the original nor the revised plan for the large pond to be within the Construction Guidelines for establishing wildlife habitat as communicated through BWSR and have high degree of suspicion for intent of this wetlands modification given prior patterns of land use and lack of preservation of natural environs including grassy areas expansion, introductions of feature in wetland without permit, light and motorized implement usage, clearing of trees in wetland buffer with large equipment without permit, lack of observed exploration/interest in adjacent wetland areas, lack of visibility of proposed wildlife habitat from residence if intended for observation purposes. We have concern that the large pond will rather be used as a recreational feature with strong potential for mechanized equipment and accessory structure construction and placement within the wetlands. (Please compare the original and revised plan documents to the Construction Guidelines for excavated ponds for wildlife.) https:www.dnr.state.mn.us/excavatedponds/guidelines.html. Further,we have not had consistent or thorough response to our stated concerns related to mosquito population and algae control and related disease prevention measures; hydrology impacts to surrounding wetlands; limitations for recreational uses and unnatural introductions into the wetland; and precedent departure from the true protections of Orono's remaining natural wetlands and open spaces. To date, no agency has represented willingness to speak to approved usage and regulation of such to include activities such as stocking for fishing, hunting activities,watercraft (motorized and/or non-motorized), use of natural resources for artificial maintenance of desired aesthetic, etc.such as filling or recirculating water. We are concerned that as planned,there are details lacking that will not be Recipient Name Date Page 2 monitored (such as basin surface amendment and surface/boundary treatment), and once completed, there will be lacking direction and enforcement of appropriate use and future modification/development with little recourse available to impacted property owners. We ask that a more thorough, careful consideration be given to this process as we believe it is contrary to the Vision and Philosophy of the City of Orono as clearly stated across various media and publications. Assuming the excavation work and the ultimate use of the proposed pond falls under "Conditional Uses" directives in the WCA,we appeal to the tenant that "No conditional use permit will be granted unless its approval will not adversely impact wetlands,wetland buffer areas were they exist or are required,and surrounding properties,the intent of this article or the goals and policies of the community management plan". Sec 78-1607 WCA. The potential is strong for adverse impact, particularly without careful planning and adherence to established guidelines and best practice for planning and construction (including fill), maintenance, and oversight of use of this proposed pond. It is unfortunate that communications around this permit (through the MCWD and City of Orono) have been limited in advanced notice and time to express informed public comment. (As an example,two days notice from time of Orono postcard receipt to deadline for comment is simply not a realistic timeline.) Through our attempts to understand the Wetlands governance and potential usages,we have encountered significant misinformation and inconsistency that further concerns us,given the potential for lasting impact and precedent for our community stakeholders and our remaining natural resources should such processes be rushed and directed by questionable impartiality on the part of parties of governance,such as representatives of MCWD and DNR. In consultation (and attempts yet to occur)with local agencies regarding areas of concern we have also become aware of the infrequency of Wetland Exemptions for Habitat permit requests and significant "holes" of oversight, coordination, and process around this specific request. We would suggest that approval of such a project permit begs significant ongoing investment in energies and efforts to ensure outcomes that truly respect our natural resources and remaining open spaces. Given the response from other involved agencies,this appears to fall to the local jurisdiction, City of Orono. As such the City carries both privilege and responsibility in the future protections and preservations of our wetlands. Should there be interest in further conversation or input, we would be happy to share in greater detail our concerns and experiences in this process to date. Thank you for your time and consideration of the concerns expressed. Regards, Jamin and Maria Marks CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY OF ORONO ) I, Anne Hentges, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of#LA20-000008 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 7th day of February, 2020. Anne Hentges Hennepin Hennepin County Locate & Notify Map Date: 1/23/2020 i -,,,,iiiiiiaiwivi !), a /23/2020 i 2360 031 : .,r7.„-.,..,, 's- s ,sar E > ,M . f ,°r ,x 2300 256 0 i i ' F ` J 450 Qs' .. ' :,...-t.;...::',2-. is ,, `�1 ° *a 500 .* {� h .1 u j F x)` it 540 , �t,, a .. 2420 - ‘i;4414,', ° _ ii O 23 40 ti: 4: 11'.1 Q 2400 {h - /Ili 1166...._ .__, Buffer Size: 500 0 50 100 200 Feet Map Comments: I l ) l l l l l l 505 Willow Dr This data (i) is furnshed 'AS IS' with no representation as to completeness oraccuracy, (i)is fum'shedwithnoanrranty of any kod; and ) is notsuitabte for Ngal,engineeringorsurseing purposes.Hennepin Countyshat not be liabtefor anydanwpe,injury or loss resu It ng from this data. For more rmti , nCountyGiS Office 3006th StreetinforSouthon,MinneapocontactHenlis,MNepin55487/gis.infol hennepin.us RUN DATE:01/23/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 03-117-23 23 0015 38 03-117-23 32 0028 MARGARET M P MERKOW ELIZABETH P MERRY REV TRUST 2340 ABINGDON WAY 500 WILLOW DR S ORONO MN 55356 ORONO MN 55356 MARGARET M P MERKOW ELIZABETH P MERRY 2340 ABINGDON WAY 500 WILLOW DR S LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 23 0016 38 03-117-23 32 0029 S MONICO&E MONICO B BOHLANDER&L BOHLANDER 2380 ABINGDON WAY 540 WILLOW DR S ORONO MN 55356 ORONO MN 55356 SCOTT&ELIZABETH MONICO BRETT&LAURA BOBLANDER 2380 ABINGDON WAY 540 WILLOW DR S LONG LAKE MN 55356 ORONO MN 55356 38 03-117-23 23 0022 38 04-117-23 14 0002 AR W.1 GUIDERA ANN K CARPENTIER ET AL 2325 WILLOW HILL DR 305 WILLOW DR S ORONO MN 55356 ORONO MN 55356 AIMEE R GUIDERA ANN K CARPENTIER WILLIAM J GUIDERA 305 WILLOW DR S 2325 WILLOW HILL DR LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 23 0023 38 04-117-23 14 0003 JEFF BATA&PAULA BATA WILLIAM R PRIEDEMAN JR 2360 WILLOW HILL DR 405 WILLOW DR S ORONO MN 55356 ORONO MN 55356 JEFF BATA&PAULA BATA WILLIAM R PRIEDEMAN JR 2360 S WILLOW HILL DR 405 WILLOW DR S ORONO MN 55356 LONG LAKE MN 55356 38 03-117-23 23 0024 38 04-117-23 41 0005 SOWADA WILLOW PROPERTY LLC M WENGLER&G WENGLER 38 ADDRESS UNASSIGNED 2420 FOX ST ORONO MN 00000 ORONO MN 55391 SOWADA WILLOW PROPERTY LLC MICHAEL&GII 1E WENGLER 725 FERNDALE RD N 2420 FOX ST WAYZATA MN 55391 WAYZATA MN 55391 38 03-117-23 32 0011 38 04117-23 41 0008 RICHARD JR&DEBBIE PERRY J R MALMQUIST&C A MOE 440 WILLOW DR S 2550 FOX ST ORONO MN 55356 ORONO MN 55391 RICHARD JR&DEBBIE PERRY JAY MALMQUIST/CHRISTINE MOE 440 WILLOW DR S 2550 FOX ST LONG LAKE MN 55356 WAYZATA MN 55391 38 03-117-23 32 0015 38 04-117-23 41 0009 JT&LJROBERTS JEMARKS&MCMMARKS 2340 FOX ST 2580 FOX ST ORONO MN 55356 ORONO MN 55391 JOHN&LORI ROBERTS JAMIN E&MARIA C M MARKS 2340 FOX ST 2580 FOX ST ORONO MN 55356 WAYZATA MN 55391 38 03-117-23 32 0016 38 04-117-23 41 0010 IRMA J KELLEY TRUSTEE JULIE ANN JOHNSON 2320 FOX ST 2530 FOX ST ORONO MN 55356 ORONO MN 55391 IRMA J KELLEY JULIE ANN JOHNSON 2320 FOX ST 2530 FOX ST ORONO MN 55356 WAYZATA MN 55391 38 03-117-23 32 0025 38 04-117-23 41 0011 W P&C J BOWMAN REV TRUST JULIE A LINDBLOOM 450 WILLOW DR S 2400 FOX ST ORONO MN 55356 ORONO MN 55391 WILLIAM P BOWMAN JULIE A LINDBLOOM CYNTHIA J BOWMAN 2400 FOX ST 450 WILLOW DR S WAYZATA MN 55391 LONG LAKE MN 55356 38 03-117-23 32 0026 38 04-117-23 41 0012 NIHAR S SHAH&NIMA A DESAI SHAYNE ANN ERNZER 2300 WILLOW HILL DR 505 WILLOW DR S ORONO MN 55356 ORONO MN 55356 NIHAR SHAH&NIMA DESAI SHAYNE ANN ERNZER 2300 WILLOW HILL DR 505 WILLOW DR S LONG LAKE MN 55356 LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on TUESDAY, February 18, 2020, beginning at 6:00 p.m. on the matter of reviewing the following land use applications: LA19-000091 City of Orono, Text Amendment related to Grading and Land Alterations, including slope failures. LA19-000100 Tom Ahern, 1345 Rest Point Lane, requests vacation of the 20-foot wide alley right- of-way abutting his property. LA19-000103 City of Orono, Text Amendment related to licensing for marinas and Joint Use Docks and dock permitting. LA20-000001 Weber Architect & Planners, 2745 Kelley Parkway, requests Master Development Plan Approval for Orono Apartments, a 56 unit (and 2 guest rooms) apartment building. LA20-000005 Will Haack, 2665 Casco Point Road, requests after-the-fact variances for structural mass changes made to an existing boathouse and hardcover within the average lakeshore setback and 75-foot setback. LA20-000007 John Daly, 1030 Tonkawa Road, requests a conditional use permit for plumbing which includes a shower or bathtub in a new accessory building. LA20-000008 Hans Frees, 505 Willow Drive South, requests approval for a wetland alteration permit to create open water space within an existing wetland and an interim Use Permit for import/export of material over 500 cubic yards. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by February 11, 2020 if possible. Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission J•.9=my B.• hart, Community Development Director To be published in The Laker Pioneer Newspaper on February 8, 2020. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Laura Oakden From: Carlson, Ben (BWSR) <ben.carlson@state.mn.us> Sent: Tuesday, February 18, 2020 1:16 PM To: Laura Oakden;jonressler@outlook.com; Dustin Rief;Jeremy Barnhart Subject: 505 Willow Drive South - Orono Greetings City of Orono staff, my name is Ben Carlson, I am a wetland specialist with the Minnesota Board of Water and Soil Resources. I am a member of the Technical Evaluation Panel (TEP) that reviews and provides comments on any application involving the State Wetland Conservation Act(WCA) in Hennepin County. The landowner at 505 Willow Drive South has submitted a WCA application applying for a wildlife habitat exemption and is requesting to excavate a pond within the wetland on their property. The TEP's responsibility is to determine if the application complies with the State WCA, ultimately, a Notice of Decision is then issued by the Minnehaha Creek Watershed District as they are the Local Government Unit that administers the WCA. Any WCA application requires a minimum 15-day comment period, a number of comments were received regarding this application. Due to the comments received, I requested the regulatory agencies meet to address these comments and provide guidance to the applicant. Hopefully a meeting will occur within the next 10 days with an outcome reached at that time or shortly after. That is where we are currently at with this application. Additionally, I was requested by Maria Marks (2580 Fox Street, Orono) to share my correspondence with the Minnehaha Creek Watershed District. Below is my email sent to the District the morning of February 18th "Greetings Tom and Will, I'm wondering if it would be wise to meet regarding this application. There seems to be a lot of confusion regarding DNR involvement and their comments regarding the pond. Jason with the DNR is requesting DNR comments not be used in the permitting process. Initially, my comments were to follow the DNR guidance, excavated ponds for wildlife. After that conversation the applicant submitted a revised plan and initially, the DNR commented and said they felt the revised plan met the intent of the guidance. Based on Jason's email, that does not appear to be the case and DNR comments should not be considered. I will give my opinion, I do not feel the current pond design meets the intent of the wildlife habitat exemption. The exemption suggests the SWCD or TEP certify the plan. I think it would be wise for the TEP to meet to discuss this one." Please let me know if you have any questions regarding this matter. Ben Carlson Wetland Specialist Minnesota Board of Water&Soil Resources 520 Lafayette Road North St. Paul, MN 55155 Ben.carlsonPstate.mn.us 651-315-3952 www.bwsr.state.mn.us 1 Laura Oakden From: Maria Marks <mcmmarks@gmail.com> Sent: Tuesday, February 18, 2020 3:46 Pl\,1 To: Laura Oakden Subject: Re: Wetlands Excavation permit request Hello Laura, Should we assume the answer to be "No" for the additional unanswered questions of my prior e-mail? 1. re: MCWD comment period ending 2/14. ?No notification? and/or No comment from City? 2. ?No reports available from the City Engineer that has "preliminarily reviewed and provided comments for the project as it pertains to drainage?" follow-up question: Who is to conduct the full review as required before issuing Grading and Land Alteration Permit? Will there be reconciliation of the inconsistency as to where spoils will be placed? (per City document dated 2/18, berm creation east side of property versus east and southwest corner of wetlands?). This seems impactful given the stream that appears to run from this area to the adjacent Wetlands. MCWD has not produced any documents or assessment on these features. One might this this would be of interest to the MCWD? 3. ?No documents or communications indicating assessments/calculations/field study to assess questions of water fill and maintenance levels and the impact to surrounding and adjacent Wetlands? follow-up question: If the agencies thought responsible for actively assessing impacts to ecology and hydrology have not been required to submit or have not offered this type of data, would the City pursue such information before making permitting decisions? (If the City has documents and/or communications that address the specifics of such impact please forward as these have not been made available previously.) ?No City interest in assessing likelihood of increased population of mosquito and/or waterfowl as potential vectors of disease and best practice to proactively minimize impact? (Representatives of applicant have misrepresented pertinent information to this discussion in their reactionary "consultation" with MMCD on multiple occasions when this concern had been raised by community members previously. Thus any reported response to date would likely be invalid.) Useful determinations and advisement would be dependent upon actual engagement and transparency with an agency such as MMCD once final design objectively meets Construction Guidelines. follow-up question: Our understanding is that DNR has no authority over this Wetland. How,then, is their general comment (absent "delving into the details" relevant to the guideline consideration)the basis for approval of the proposed plan? If they lack authority in this case and location, how then would they have oversight of artificial introductions into the Wetlands such as "stockpiling of fish" deemed in the City communication packet as under domain of the DNR?? Thank you, Maria&Jamin Marks 1 On Fri, Feb 14, 2020 at 3:52 PM Laura Oakden<loakden@ci.orono.mn.us>wrote: Hello Maria, Thank you for reaching out. We received the board meeting postcard notification for Feb 27, 2020 from MCWD. The city had not obtained any outside studies regarding the wetland. The MCWD is the regulating body for wetland impacts. BWSR and DNR are the experts in water ecology. I hope this help clarifies your questions. Thank you, Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! From: Maria Marks [mailto:mcmmarks@gmail.com] Sent: Friday, February 14, 2020 1:59 PM To: Laura Oakden <loakden@ci.orono.mn.us> Subject:Wetlands Excavation permit request Ii Hello Laura, Thank you for confirming receipt of our letter of concern. 2 On a related note, can you confirm notification to the City of Orono from the MCWD of a response period ending today for concerns and/or comment related to the Wetlands Exemption application for proposed excavation and pond creation at 505 S. Willow? Has the City responded in any way to communicate concerns expressed? Has the City directly obtained any studies and/or input from an ecology and/or hydrology perspective as to the likely natural water levels, including seasonal fluctuation,that are to be expected on this site given its location and classification as a "Cattail Wetland"?Any independently verified communications from informed representatives in the entomology field regarding impact from the proposed changes? We have been encountering significant misrepresentation and inconsistency of communications from the project coordinator at MCWD that do not fully align with direct conversations and communications with representatives at BWSR, the DNR, and MMCD. For this reason we request that there be diligence regarding any communications received or forwarded by that agency so that full context and informational inconsistencies are exposed. Thank you, Maria Marks 3 goIvo To: Jon Ressler and Planning Commission Members Dustin Rief, City Administrator y� G� From: Laura Oakden, Planner lictst►o0' Date: February 18, 2020 Subject: #LA20-000003,John Newell, 1485 Sixth Ave N, Sketch Plan Application Summary: The applicant is requesting sketch plan consideration on a proposed 3 lot single family residential development to be served by septic and a new private road. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Planning Commission's discussion with the applicants to bring to light potential issues for discussion and issues to be addressed prior to submission of a formal Preliminary Plat application. Planning Department Staff requests input on the flexibility requested for allowing a shared driveway which serves 3 existing homes from the new cul-de- sac. Background The property is located in the LR-1A, 2 acre, zoning district and currently contains one house located on the south side. According to the survey,the property is 26.12 acres with roughly 1.59 acres as Co Rd 6 easement.The existing lot is roughly 1042'wide along Co Rd 6. The property has a pond located on the west side that is managed though the DNR by the MCWD. The property also includes a segment of Long Lake Creek running through the middle NW to SE which connects this pond to Long Lake. The existing house will be retained on proposed lot 2 of the plat. Proposal The proposed property would be divided into 3 lots. The new proposed private road and cul-de- sac will be places over the existing shared driveway. There is currently a share driveway which serves a home within the project property and 2 other homes. Roads/Access. The plan shows a cul-de-sac and a road as Outlot A roughly 600 feet in length. Based on the rural nature of this development, and the cul de sac, it is anticipated that the road and cul-da- sac will be private. No paved roadway is shown. It is assumed that the paved roadway will meet city standards of 24 feet in width. The cul de sac will provide access to the new lots, lots 1 and 3. Access onto 6th Avenue N will be restricted. The proposed road follows the existing driveway. The plan proposes a shared driveway off of the cul de sac serving three lots: Lot 2, and 1305 and 1405 6th Avenue N. This subdivision does not create or improve this non-conforming situation. The City Code only allows 2 home to share 1 driveway. FILE#LA 20-000003 February 18,2020 Page 2 of 4 The Planning Commission should discuss if allowing flexibility to allow the existing 3 property to continue to share a driveway off a new cul-de-sac would be supported. The alternative would be to extend the road to the south, across long lake creek. Parks/Trails. The plans do not suggest any interior sidewalks or trails through the development. The plans also do not show any proposed parkland dedication. The Comprehensive Plan does not identify the need for additional park land on this property; it is anticipated that park dedication will be satisfied by a cash donation for the 2 new lots. Utilities. The property is in the Metropolitan Urban Service Area (MUSA); the applicant proposes establishing septic systems. While the property is within the MUSA boundary, there is no infrastructure currently in place which will allow this property to connect to the sanitary sewer system. (Sec. 82-224 only requires connection when the system is "reasonable accessible".) The two new lots have been tested but Olsons Septic Testing and each lot show 2 septic areas shown on the sketch plan. Water will be furnished by individual wells. The City Engineer provided comments recommending the applicant explore installing a low pressure system which would allow them to connect to the municipal sanitary sewer. This would require the applicant to obtain easements across private properties. The roads and all utilities will be installed by the developer. This project will trigger stormwater management rules of the MCWD. Additional improvements including ponding, ditches, and curbing may be required. The applicant has been advised to visit with the watershed district early in the subdivision design process. Lots The property is located within the LR-1A Zoning district. The three new proposed lots must have a minimum of 2 acres in size and 200 feet of defined width. As shown on the sketch plan all 3 lots appears to meet the minimum size requirement, though 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, and may impact Lot 2. Lot 1 3.49 536' 565' Lot 2 17.20 225' N/A Lot3 3.04 497 145* • Area for Dry-buildable not identifies at this time. Lot 3 is considered a corner lot with the front yard identified as the shortest distance abutting a road. Staff supports establishing the front yard of lot 3 along the new road, meeting the width requirements. The OHWL elevation for Long Lake (944.3) is not identified on the survey and should be verified.. Because Long Lake Creek feeds into the lake in a close proximity to the project there is a chance the OHWL touches the property.This could possibly create a lakeshore lot along Lot 2 and/or FILE#LA 20-000003 February 18,2020 Page 3 of 4 Lot 3 changing the standards and setbacks to the proposed lots. Currently the lots are not identified as lakeshore lots. The Planning Commission should provide feedback whether or not some flexibility from identifying the front lot for Lot 3 along the Outlot A will be supported. Natural Environment. For the Preliminary Plat a determination of the floodplain, wetlands,top of bank and bluff for the property will be required. These areas are to be preserved and protected.A wetland delineation will be required and approved by MCWD. Long Lake Creek is a main waterway to the lake. Further analysis of the project with regard to shoreland management may yield additional comments. The applicant has stated there will no grading south of the proposed cul- de-sac where the creek crossing,wetlands,floodplain, steep slopes and woods areas exist. The grading plan, once developed,will need to be further evaluated to ensure that this goal can be met. A Long Lake Creek runs through the property, running from the pond in Lot 2 toward Long Lake. Depending on the identified top of bank all three proposed lots could be affected by the 100' creek setback. This creek is considered a tributary, and the 100 lake yard applies from the top of bank if the lots are served by septic systems.The watershed districts comments may influence changes to the plan. The applicant is stating no work is being proposed in the wetlands, creek, floodplain and steep slopes. A Wetland Delineation and a NOD from the MCWD will be required. City Code requires conservation design for projects either greater than 5 acres, or at densities greater than one unit per 2 acres. A Conservation design plan will be required, unless waived by the City Council. The Planning Commission should discuss support a waiver of the conservation design requirement in lieu of identifying substantial trees(Oaks, Maple, Basswood, etc. greater than 6'DBH). Engineer Comments The following are comments given by the City Engineer to be addressed with a preliminary plat. 1. Private Roadway-A maximum of two properties are allowed to share a driveway.The proposed roadway should be extended to a point to allow the homes to the south to access it directly without a shared drive.As currently depicted three houses would share driveway south of the proposed cul-de-sac. 2. Private Roadway-a roadway and cul-de-sac conforming to City standards will need to be constructed in Outlot A. 3. Sanitary-Property is within the MUSA and therefor eligible to connect to city sanitary sewer.Applicant should explore the possibility of constructing a low pressure system to serve the properties included in the sketch plan.The closest connection is to the south and would require easements to cross private property. 4. Any existing easements on the property should be shown. 5. All existing structures on the property should be shown such as the dam and Creek crossing. 6. Extent of the wetlands/creek flood plain should be depicted FILE#LA 20-000003 February 18,2020 Page 4 of 4 Hennepin County Comments The City has received comments from Hennepin County included as Exhibit D. Overall the access looks to be adequate pending verification of sight distances. The county will be requesting a 50 foot right-of-way section plus a 10 foot D/U easement during the plat. The county is also requesting the existing gravel driveway on the east side of the lake/pond be removed. Issues for Consideration • The Planning Commission should discuss if allowing flexibility to allow the existing 3 properties to continue to share a driveway off a new cul-de-sac. • The Planning Commission should provide feedback whether or not some flexibility identifying the front lot for Lot 3 along the Outlot A. • The Planning Commission should discuss support a waiver of the conservation design requirement in lieu of identifying substantial trees (Oaks, Maple, Basswood, etc.greater than 6' DBH). List of Exhibits Exhibit A. Application Exhibit B. Proposed Plan Exhibit C. Applicants response letter Exhibit D. County Comments Exhibit E. Location Map and Aerial Photos Letter View Land Use Application Summary )plication Date: 01/03/2020 Address: 1485 SIXTH AVE N LONG LAKE, MN 55356 Parcel Number: 2611823330029 Land Use Number: LA20-000003 Application Submitted By: Property Owner Owner: Name: STEPHEN L NEWELL Address: JOHN E NEWELL1485 SIXTH AVE N LONG LAKE, MN 55356 Applicant: Name: John Newell Company: Address: 1485 Co. Rd. #6 Orono„ MN 55356 Jenewel11000@gmail.com Contact Information: Associated Contact: John Newell Jenewel11000@gmail.com Associated Contact: STEPHEN L NEWELL Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Project Description: Subdivision Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application Conditional Use Permit 0 Site Plan Application El Subdivision Application 0 Subdivision Exception Vacation Application El Variance Application El Applicant Signature: it Ilk file:///C/Users/loakden/Downloads/Land%20Use%20App1ication%20Summary.htm[2/13/2020 11:40:37 AM] LONG SHADOWS r SKETCH PLAN FOR JOHN & STEPHEN NEWELL IN LOTS 1 & 2, AUD. SUB. NO. 291, & IN GOV'T LOT 1, SEC. 26-118-23 HENNEPIN COUNTY, MINNESOTA .6_,..10_09'S9_R=1910_40- T — -- _—J — _ �.�_338y98 .I - N 89°13'06" E I 706.42— ......... • CO. RD. NO. 6 SIXTH IAVE. 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I I 1 1 I '1 a J///,� - Par 1:That part of Lot 1 //� I l i (fJ �' angles Wtot he a line noon parallel tit1 2no 395 feet " TS //Z/P ''\/ I I I I I I I l/ I I I / ` uat er, f ectal richtshipto the East line of the et ate of the yuNlwes[ r(' \ h///// I / / I I, ) I iii/// \( Quarterrof Sectionrtlin, of Township 118,Range 23 and the same extended and lying hi ,Q !/ / / /I I I 1/ North of the North line of Lot 2 and its Eval<rly extension; A,'00.).. p /N.4.'/ /!// / ' ./ 1 1111' I I / That part of Lot 2,lying North of the Easterly extension of the Northerly line of p ----.-.,N 88e29,54 W _Ar. ¢1$,91-- I Tract A,Registered Land Survey No.1379; 35' 0 \'o, .,. I-kN-PTICN All in"Auditoria Subdivision Na,291,Hennepin Comfy,Minnesota" T Leu Cr Lore EXCEPTION - ) „ N •.10.2.1 I Por 2:That part of Government Lot 1.Section 26,Township 118,Range 23 described Ir) , 1.RP'✓; \.510 as follows:Beginning at the Northwest corner of Lot 2. 'Auditor's Subdivision No.291, ____ ______ __J______ ____I_ Hennepin Count Minnesota";thence West alongthe extension ofe the North line of said �� I _ __— I Lot 2 and long the South line of Lotei1, Auditor's Subdivision to the most Westerly -__-r MS sours {� line of Lot 1. 'd Auditor's Subdivision;thence South along the re atop.ofthe.most sw i0. Westerly line ofLot1, said Auditor's Subdivision;to the South line of sold Section 26; sec 10'20 thence East along the South lira of said Section to its intersection with the West line of Lot 2.said Auditor's Subdivision.thence North to the point of beginning. Except that portion thereof embraced in Registered Land Survey Nos.934 and 1379;and Except the West 50 feel of that part of the abovebed Government Lot 1 lying North of the North line of Registered Land Survey No..934934;and Except that pore of Government Lot 1,lying Southerly of the Easterly extension o/ the Northerly line of Tract A,Registered Land Survey No.137% II •: denotes iron marker found •: denotes Hennepin County right-of-way monument A (gout): denotes existing spot elevation,neon sea level datum 0 --917--: denotes existing contour One.per County mops OWNERS:JOHN&STEPHEN NEWELL Bearings shown are based upon the Hennepin County coordinate datum. 1485 SIXTH AVE.N. ORONO,WI 55356 This sketch intends to show the boundaries of the above described property. TOTAL AREA=26.121 AC, existing house,topography d driveway South o/Long Lake Creek per County mops,existing septic lest holes and driveway northerly of the proposed cul- ZONING=LR-1A de-sac,and the proposed location f two possible houses and driveways, proposed street and cul-de-sac and proposed lot lines thereon.It does not ,x�„®w, purports any other improvements or encroachments. arty itrLA42 I herby=�tgy>mt`A Mon. 'a,Tpsonrati0'o report PROJECT /1�GRONBERG & ASSOCIATES, INC. —bn Eh theState aI 11 ed as svveyar underfl.the 1-2-lw T CIVIL SNGINNeew,LAND SURVEYORS,LAND PLANNERS " uera Winn- Numbererg 1":ea' 445 NORTH WILLOW DRVE LONG LANE.,/N 55356 work 6 GwDera 12755 IMO 952-473-4141 JOHN & STEPHEN NEWELL 1485 SIXTH AVE. N. FILE#LA20-000003 FEBRUARY 10, 2020 RESPONSES TO LONG SHADOW SKETCH PLAN CITY COMMENTS LOT AREA/WIDTH All 3 lots are proposed to meet the minimum lot size of 2 acres dry and 200 feet of defined width. STREET DESIGN The new road is proposed as a private road meeting the city standards of 24 feet of black top with 3 foot gravel shoulders and a 40 foot diameter blacktop width for the cul-de-sac. The two new lots(Lots 1 & 3) will be served off of the new road. The existing house(Lot 2)and other adjoining lots will be served as they are now off the existing driveway. The proposed cul-de-sac will be located north of Long Lake Creek and its floodplain. No grading is proposed south of the proposed cul-de-sac where the creek crossing, wetlands, floodplain, steep slopes& wooded areas exist. FLOOD ELEVATION/WETLANDSBLUFFS The wetlands will be delineated during the appropriate time in the spring. Easements will be established to protect the creek& wetlands. SHORELINE RULES No work is being proposed in the wetlands, creek, floodplain& steep slopes. The two new lots and proposed road fall in the flatter,more open areas north of Long Lake Creek. MUSA Though the property is located within the MUSA boundary there is no currently available nearby sanitary sewer. The two new lots have been recently tested by Olsons Septic Testing and each lot has two adequate septic areas which are shown on the sketch plan. UTILITIES The developer will be meeting with the watershed district to go over design requirements for stormwater volume control & rate control. Since each new lot is over 3 acres in size there appears to be adequate room for stormwater facilities. CONSERVATION DESIGN Since the area being developed does not contain the major trees, steep slopes,wetlands & floodway that the existing house lot contains, it is proposed that the conservation design requirements be waived. VARIANCES/WAIVERS Waivers are being asked for conservation design. The existing driveway serving 3 homes is an existing condition and should be allowed to remain. To create a wider road over the driveway would involve creek crossing impacts, floodplain impacts, major tree impacts & steep slope impacts. All 3 lots are proposed to have 200 foot of frontage at the front building setback line. Gronberg& Associates. Inc. Engineers,Land Surveyors. Planners Mark S. Gronberg, PE & LS From: Jason D Gottfried To: Jeremy Barnhart Cc: Robert H.Byers Subject: RE: [External]Subdivisions proposed in Orono Date: Tuesday,January 28,2020 2:29:50 PM Attachments: imaae001.onq Hello Jeremy, We discussed both items in our plat review committee mtg today(01/28) and offer the following preliminary thoughts for your team's consideration: CSAH 15(Carman St Parcels) • If the watershe• oncludes there ,elopable land here,our 1st recommendation w• • pursue an .sement to the east (commercial parcel). With the high . -s and 4,000 vehicles per day along this segment of Shoreline Dr we need . •ir s when we can. If an easement proves not to be a viable option, will n: - two sites into one shared access. • Access should be between d the existing remnant curb cut app. 20'to the east. Most importantly woul• ; adequate sight distance and maintaining a positive offset for opposin• B left turns @ Navarre) as we recently restriped (2019 overlay , en hared center left-turn lane • Driveway needs to h, anding t• •r optimal sight distance • Need to have site oid need for . • ing walls along Shoreline Dr • If/when replatti► -ly would request ay dedication to match a 45' half section (33' half ROW today). • Please submit a drainage report when available CSAH 6(1485 6th Ave N) • Access is okay as is(pending verification of adequate sight distance) • When replatting we likely would request a 50' half right-of-way section (33' half today) +a 10' D+U easement • For drainage pipe under CSAH 6,that empties into the lake on the west end of the subdivision plat, ensure adequate easement exists or can be dedicated to allow sufficient space for maintenance • We request the gravel driveway on the east side of the lake be removed (appears this is no longer needed?) • Ensure an access easement covers all three existing parcels served by the driveway • Please submit a drainage report when available Thank you Jeremy for bringing these items to our attention early on in the process. Please keep us involved should either item continue to move forward Jason Jason Gottfried Transportation Planner Transportation Planning Office: 612-596-0394 jason.gottfried@hennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340 From:Jeremy Barnhart<jbarnhartPci.orono.mn.us> Sent: Friday,January 24, 2020 8:24 AM To:Jason D Gottfried <Jason.Gottfried@hennepin.us>; Robert H. Byers <Robert.ByersPhennepin.us> Subject: RE: [External] Subdivisions proposed in Orono Thank you. From:Jason D Gottfried [mailto:Jason.Gottfried( henneoin.us Sent: Friday,January 24, 2020 8: To: Robert H. Byers<R••-r .: -r e. . >;Jere art<jbarnhart@ci.orono.mn.us> Subject: RE: [External] Subdivisions pr. Oron' Bob and Jeremy, Yes I can. Putting together the agenda now . .ct Jeremy should I need any additional info I will follow up with Jeremy next week •reli -nts Thanks! Jason Jason Gottfried Transportation Planner Transportation Planning Office: 612-596-0394 jason.gottfried(ahennepin.us Hennepin County Public Works 1600 Prairie Drive Medina, MN 55340 From: Robert H. Byers<Robert.ByersPhennepin.us> Sent: Friday,January 24, 2020 6:02 AM To:Jason D Gottfried<Jason.GottfriedPhennepin.us> Subject: FW: [External] Subdivisions proposed in Orono Jason: Can you get these items on your Plat Committee agenda for next Tuesday? Thanks! - Bob Bob Byers, P.E. Principal Professional Engineer Transportation Planning Division Office: 612-596-0354 robert.byers@ hennepin.us i hen -••. Hennepin County Public Works Facili 1600 Prairie Drive Medina, MN 55340-5421 Ise cr,n Connect: Facebook I Twitter I YouTube I Linke• ..r.m From:Jeremy Barnhart<jbarn _ . rono.mn.us> Sent:Thursday,January 23, 2020 9:08 AM To: Robert H. Byers<Robert.ByersPhennepin.us> Cc: Laura Oakden <loakden@ci.orono.mn.us>;Adam Edwards<aedwardsc ci.orono.mn.us> Subject: [External] Subdivisions proposed in Orono Bob, The City of Orono has received two sketch plan proposals for properties with frontage on Hennepin County Roads. The first is a proposed subdivision of 2474 and 2480 Carman Street,the applicant would split each of these lots, essentially creating two buildable lots with frontage and access off of Shoreline Dr. (See attachment Subject Parcels). Does the County have any recommendation relative to access location,type (shared driveway, etc.)? The second is a proposed subdivision at 1485 Sixth Avenue (see Newell Sketch Plan, attached), where the applicants proposed to split the large 24 acre parcel into three, with two lots fronting on 6th Avenue N. The proposed private road would be located over an existing driveway. The plans suggest access off of this new private road. We would appreciate any comments the County can offer prior to February 3rd. Please feel free to give me a call if you have any questions. Jeremy Barnhart,AICP Community Development Director City of Orono 952-249-4626 ***CAUTION:This email was sent from outside of Hennepin County. Unless you recognize the sender and know the content, do not click links or open attachments.*** Disclaimer: If you are not the intended recipient of this message,please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. Disclaimer: If you are not the int ipient of age,please immediately notify the sender of the transmission error prom e this message from your computer system. Disclaimer: If you are not the intended re his message,please immediately notify the sender of the transmission error and delete this message from your computer system. n M Wil fib.. #*,w, �ill�/r4NrNrlR�al�altrr�aA�rtrl.u.n�'1�.rr..■.n.11 1.�F.1. ...r 11 1.l•i I�■1.n I1 fl fl Y s 1 ` T"-�"+�` �c,+rS x't, '�, ;: 'X,,.xa t. A-Esti OQ-- m ' t / x {}�,�, .may ,.ems �jy�ya( e« �y a� . !L`[Fl 4 d St t Legend I et �.^y'`a+ rrf a.aar»';a of a r:.x ry1 Wy' l'�e idr,.e y�., ..,- e.„.''. � e �, x �., City Limits fes. ^..c y r Y 'ata '= M1 ��� til e.. ��� � 4 15 +t«� a ,A 43,617,4' Lang ak e ': � ' �. „,?:,-44,731"4",t- -,.., i 11 mii. � asi...moibodi 4N � . .tr...,x�w-n�n�rr i , :::?....,./__ 2•Birrf °.,,,,i .., �..#r . ti {a1 a i --Fox-St {�Cti, ,p ” « " Cr r ,3rCtun - • a F-t ,r 2 „,,,,r„.-.,:,,,,,,,,,,„„c., keei -4x r + ” �f��hy, Ltr� .. TP)NYY�y. �, J�»1"� d°0. J "2 el1l[� Y ! F`.M1 A"'r.'ti''', t "%* Ny .:.-ti"+"S"1. 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[il G/ lJ +«a" 1tC 47, •:Fw • .d Map Name e Disclaimer: This drawing is neither a legally recorded map nor a BOLTON survey and is not intended to be used as one.This drawing is a compilation of records,:formation,and data 0 280 Feet & M E N K located in various city,county,and te offices,add other sources affecting the area shown,and is to be used for IA reference purposes only.The City of Orono is not ©Bolton&Menk,Inc-Web GIs 2/13/2020 11:48 AM Real People.Real Solutions. eennnaihle fnr an Inarriirarles herein rnnrained. .10 ,1, 44:11 1000 n µ c �AkESH01-t ` Legend r • pp�� in "i To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart, AICP �"lksHo0" Community Development Director Date: February 18, 2020 Subject: #LA19-000102, Kevin Clark o/b/o YMCA Greater Twin Cities, 135 Orono Orchard Road, Sketch Plan Application Summary: The applicant is requesting sketch plan review of a proposed 5 lot single family subdivision. Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Planning Commission's discussion with the applicants to bring to light potential issues to be addressed prior to submission of a formal Preliminary Plat application. Background The YMCA of the Greater Twin Cities is owner of a 39.4 acre parcel at 135 Orono Orchard Road. The property is zoned RR-1B, One Family Rural Residential, requiring a minimum lot size of 2.0 dry buildable acres and 200' lot width. The property has been zoned for 2-acre lots since 1975, and is guided in the Orono Community Management Plan (CMP) for Rural Residential Use (1 unit per 2 acres). The property is improved with a single family home, located on the upland peninsula in the middle of the property. Must of the property is wetlands and steep slopes. Approximately 11 acres of the property is buildable. The YMCA proposed a sketch plan in 2017 (Case 17-3932); that plan proposed expansion of the Metropolitan Urban Service District(MUSA) and development for 15 single family homes, both requiring an amendment to the comprehensive plan. That project was not supported by the Planning Commission or City Council. The current proposal shows 5 single family residential lots on the property, based on the current zoning of RR-1B. The lots would be accessed via private road intersecting with Orono Orchard Road. The proposed road includes a cul de sac and is located within an outlot. The cul de sac length is approximately 700 feet, within the 1000 foot limit in the subdivision code. The cul de sac dimensions are consistent with the city code. Analysis The RR-1B zoning district requires lots to be 2.0 acres of dry buildable(land excluding drainageways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater), and 200 feet in width. Lot width for non-lakeshore lots is measured parallel FILE#LA19-102 February 18,2020 Page 2 of 3 to the front lot line, at the building setback line. Lots abutting a lake or tributary(lots 3, 4, and 5) are measured at the OHWL and at the building setback line. Lot 1 is a corner lot, with frontage on both Orono Orchard Road and the new road. The ordinance requires a width measurement at the narrowest frontage, Orono Orchard Road. Gross Buildable Width Adjusted area Area (acres) (feet) width (feet) Lot 1 2.19 2.07 21 200+* *removing OOR frontage Lot 2 8.17 2.3 132 Lot 3 3.53 2.53 200+ Lot abutting tributary Lot 4 7.84 2.01 200+ Lot abutting tributary Lot 5 16.72 , 2 200+ Lot abutting tributary The applicant's engineers have provided documentation suggesting that all lots meet the 2.0 acre dry buildable requirements. Buildable area is shown in gray on Exhibit C. Lots. Septic sites have not been verified for the proposed lots. Additional analysis follows: Lot 1. Most of Lot 1 is buildable, though a wetland and its buffer dominates the buildable area. However,the lot appears to include adequate area for a house pad. The width of Lot 1 does not meet the strict requirements written in the ordinance. However, if an outlot is added(for a future entrance monument or similar feature) between lot 1 and Orono Orchard Road, removing this frontage from Lot 1, Lot 1 will meet the requirement. Lot 2. About 30% of lot 2 is buildable,with the balance being a large wetland. There appear to be some steep slopes on the property, limiting building sites. The Planning Commission should discuss whether the buildable area(in gray_on the sketch plan represents contiguous area. There does appear to be adequate space for home construction. Lot 2 cannot meet the width requirement at the current configuration. Lengthening the road to increase frontage for lot 2 may correct the issue. Lot 3. Lot 3 represents the most challenging lot for future building, given the scale of home anticipated, and the limited building area. The northern edge of the lot is a tributary, Long Lake Creek. An existing sanitary sewer easement runs through the property. Lot 3 also contains a small wetland, in addition to a portion of the larger wetland on the west side of the property. The buildable area for Lot 3 is minimal. Due to the sanitary sewer easement and the tributary setbacks,the house will likely be forced to the south of the easement, where the buildable envelope is approximately 90 feet wide, including the side yard setback of 30 feet. Lot 4. Lot 4 is a large lot, with about 75% in wetland. There appears to be adequate area for a house pad on generally flat ground. FILE#LA19-102 February 18,2020 Page 3 of 3 Lot 5. Lot 5 is the lot that contains the existing house. The buildable area is located generally within the center of the lot,with steep slopes extending down toward the wetlands that form three sides of the lot. Access to this lot is via a long driveway from the cul de sac. Road. The road follows the existing driveway and appears to meet the requirements of the code for length and cul de sac size. The road does not line up with the road across the street, Long Lake's Stoneridge Circle. It does not appear that this can be accomplished without impacting the existing home at 105 Orono Orchard Road. Based on the volume of traffic on Orono Orchard Road now and expected in the future, this does not seem to be a concern. Conservation Design. This project, due to the size of the property will trigger a Conservation Design plan. One was not created previously. Fees. Given 4 new lots, subdivision of this property will trigger park dedication and stormwater trunk fees, as follows: Park dedication is $5,550 per new lot, or$22,200 Stormwater Trunk is $8,060 per new lot, or$32,240.00 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission have comments regarding the general lot layout? 2. Does the Commission have concerns with the road intersection? 3. Does the Planning Commission have concern with the buildable area of lot 3? 4. Does the Commission have concerns with the lot width issues identified? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff requests non-binding feedback. List of Exhibits Exhibit A. Application Exhibit B. Narrative Exhibit C. Sketch Plan Exhibit D. Plan (Colored) Exhibit E. Elevations Exhibit F. Wetland Boundaries Exhibit G. Staff Comment letter Land Use Application Summary Application Date: 12/02/2019 Address: 135 ORONO ORCHARD RD N LONG LAKE, MN 55356 Parcel Number: 3411823440035 Land Use Number: LA19-000102 Application Submitted Agent on behalf of property owner By: Owner: Name: YMCA OF THE GREATER TWIN Address: CITIES 651 NICOLLET MALL STE 500 MINNEAPOLIS, MN 55402-3198 Applicant: Name: Kevin Clark Company: Sambatek Address: 12800 whitewater drive, suite 300 minnetonka, MN 55343 kclark@sambatek.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Orchard Hill Land Use Application Amendmend Application O Type: Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit O Site Plan Application 0 Subdivision Application 0 Subdivision Exception O Vacation Application O Variance Application 0 Applicant Signature: (Gordon iames IGN BUILD RENOVATE 5159 Main Street I Suite 200 I Maple Plain,MN 55359 1763.479.3117 Orono Orchard Project Narrative This picturesque 39.4 acre in the heart of Orono has been untouched for over 4o years. With road frontage of approximately 127 feet,it has been one of the areas best kept secrets,because most residents,even those living close by, didn't realize it was there. Our goal is to keep this parcel picturesque and maintain the"rural feel"by creating 5 large lots from 3.01 acres to 16.72 acres. The trees on site will mostly stay intact,with a short road and cul de sac located in the same area as the current driveway. Custom Homes will be designed as the lots are sold. Attached you will see five renderings of previous homes we've designed and built. Those homes will be consistent with what we plan to build,but each home will be a custom design for our clients. Cedar shake roofs,stamped or paver brick driveways,with natural or maintenance free siding like Hardie or LP Smartside are planned. There will also be covenants on square footage,building materials,fencing, etc...to maintain a consistent look in the development. The entrance will have an understated monument sign to keep with the"rural feel"of the development. An asphalt private road and cul de sac are planned. When the development is completed a homeowner's association will be controlled by the five homeowners. 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PROJECT INFORMATION Applicant Name Project Name Date of Application YMCA of the Greater Twin Cities 135 Orono Orchard Rd N Application Number 10/11/2016 W16-58 (incomplete) 10/18/2016 (complete) ® Attach site locator map Type of Decision: ® Wetland Boundary or Type ❑No-Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ❑Approve ❑ Approve with conditions ❑Deny Summary(or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 12/14/2016 ®Approved ❑ Approved with conditions(include below) ❑ Denied B W SR Forms 7-1-10 Page 1 of 3 LGU Findings and Conclusions(attach additional sheets as necessary): YMCA of the Greater Twin Cities applied for a wetland boundary&type confirmation for the wetlands located at the 135 Orono Orchard Rd N(PID=3411823440035)in the City of Orono, Hennepin County, Minnesota. Legal description: Section 34, Township 118N,Range 23W. The boundary&type approval was requested October 11`h,2016. A wetland delineation was conducted by Sambatek on September 27`h,2016.A complete delineation report and WCA application were submitted to MCWD on October 18`h, 2016. Three wetlands were delineated within the project area. Wetland 1 was identified as a Type 3, Shallow Marsh wetland. Wetland 2 was identified as a Type 1, Seasonally Flooded Basin. Wetland 3 was identified as a Type 1, Seasonally Flooded Basin. One DNR Public Water, Long Lake Creek, is located on the property. MCWD reviewed the boundaries in the field on October 25th, 2016. During the field review, the following changes were made: 1. The boundary of Wetland 1 was revised. 2. An Other Acquatic Resource, Long Lake Creek, was identified (OAR 1). These changes were delineated in the field on October 28th, 2016 and an updated figure reflecting these changes was submittted on December 14th, 2016. MCWD approves the wetland boundaries and types as delineated in the field on October 28th, 2016, the wetland types documented in the delineation report submitted on October 18th, 2016, and the wetland boundaries documented in the updated delineation figure submitted on December 14th, 2016. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal(sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: ❑ Financial Assurance: For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). ❑ Deed Recording: For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner BWSR Forms 7-1-10 Page 2 of 3 and are available from the LGU upon request. Name Title Rachel Workin Permitting Technician z Signatu e Date Phone Number and E-mail ��, 12/14/2016 (952)641-4518 rworkin@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days)has expired. If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and$0 fee(if applicable)to: Send petition and$500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka,MN 55345 520 Lafayette Road North St. Paul, MN 55155 4. LIST OF ADDRESSEES ® SWCD TEP member: Tony Brough ® BWSR TEP member: Ben Meyer ❑ LGU TEP member(if different than LGU Contact): ® DNR TEP Becky Horton; Kate Drewry ❑ DNR Regional Office(if different than DNR TEP member): ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different): Anita Lancello Bydlon(YMCA) ® Members of the public who requested notice(notice only): Todd Ullom (Sambatek); Jessica Abernathy(Sambatek); Heidi Quinn(MCWD);Wes Boll(Wenck Associates); Chris Mattson (City of Orono); Melanie Curtis(City of Orono); Mike Gaffron(City of Orono) ® Corps of Engineers Project Manager(notice only): Melissa Jenny— melissa.m.jenny@usace.army.mil ❑ BWSR Wetland Bank Coordinator(wetland bank plan applications only) 5. MAILING INFORMATION For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf BWSR Forms 7-1-10 Page 3 of 3 >For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP contacts.pdf • >Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf >For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District,ATTN: OP-R 180 Fifth St. East, Suite 700 St.Paul,MN 55101-1678 >For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul,MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: ®Approved wetland boundaries 41111 BWSR Forms 7-1-10 Page 4 of 3 _. • ,Y: �` a • Js ( i ;, Dickeys 0., r E 7 Ilefin n • ‘4%„). `; • 1 T ' 7. -`. rw ,t , SODaood Or fi.r r`+ &• "1 • .N "..: r ' [,atm. QMtn 10 dg 4:4 li'4, r pi :i.,,, . ' ,. , s , .,.. ., ..„., ___,..7....\:,..,,:i.r. . 4.1.0.....---,..ir, . .,__ ,,,,,,,,. . . .. . 4 ...‹. `c-- ' ,• , . . Mahar d. i-: - �,.. j'� e � r • � or \,wd4.- Rr' 'itA7 -. •' d1 t i' }1a ,y�, �• -,rt�y f'.,. oikrTr' `}.:r }.. • ti ( y {f r .• r 1 y • '�"•- Neil P ! , y� _ P A { !a 4e '�' a s.. £` - may. -. - td` 0‘ ~ +Y ` ¢y' rte_ - t e�O*,0.d _ _ 7' -` :01, �- � .., - .�n -Colin.6r <qcn• ii 1\.:„._.., <` y .' . a 4 4. a i _ ,Koodhill(AS 1 7. trEr -"'''t I r ....:A.4. ,... *� - � dejliWaY' � � . - • ., • - 3" 'ERA, o 0 o d o� ¶ OOpenStreetMap,�ontributoM Legend 1J - Location Map Approximate Project Boundary CryjdSam bate W<� E � YMCA - Single Family Development This map was created g Sambatek's Geographic 3 Information System(GIST it is a compilation of information and data from v so es.This 135 Orono Orchard Road North 0 500 1,000 map+s a surveyed or legany eco deo map and is intended to le used as a refrence. Orono,MN 55356 sate to Feet Sambatek is not responsible for any inaccuracies crontamed herein. ' * ::11::' 1 • ,Y it lb' .i- = ' Sample Transect t (SP2-1) r+ "'4 'I 1 e OAR 1 *^ Area B Itt Wetland3 > ,` a Sample Transect � �„ Stoerf(SP12) 10, n o o9a Cly� , . Hca • v 0 Al Wetland 2kc. 1 Sample Transect. 'o r (SP3-1) ; #I Wetland 1 Sample Transect (SP1-1) 0 r iit lEgeflo Digital@lobe,@eogye &OMIT Ocrc)a hies,MEar Eno Uala%1 ,AE ,Getmapoing, ,erogrid,RIA,II2fP,s isst000,exiingalg MN®ommunity,BA FE' DgILCMOD WAIWADibv 0@cenStreetMao contributors Updated Wetland Boundaries Approximate Project Boundary (N '� Sambatek *Non-wetland Area W- ` - E YMCA-Single FamilyDevelopment ,* This map was created using Sambatek's Geographic t7 r Other Aquatic Resource S Information System(GIS),it is a compilation of Wetland Boundary Update h,formation and data from various sources.This 135 Orono Orchard Road North map is nota surveyed or legally recorded map Wetland Boundary o Iso 300 and is intended to be used as a reference. Orono,MN 55356 Sambatek is not responsible for any inaccuracies Scale In Feet contained herein. CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 gkfSHO�c"C Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us January 30, 2020 Kevin Clark Sambatek VIA EMAIL 12800 Whitewater Drive kclark@sambatek.com Minneapolis, MN 55402-3198 Re: YMCA Property 135 Orono Orchard Road The city has received your submittal of a sketch plan for a proposed development of 135 Orono Orchard Road. This project is scheduled for review at the February 18, 2020 Planning Commission meeting. Based on my initial review, I have the following comments to offer. If you choose to incorporate any changes to your proposal,or add documents for consideration by the Planning Commission, I need those no later than close of business February 10th,2020. 1. On the document "20658.01-Plan Sketch", please confirm the areas shown in green. Are these areas • with slopes less than 18%? If so,they probably don't need to be shown/colored. It would be better to illustrate the buildable areas. (Areas devoid of steep slopes or wetlands/buffers) 2. The narrative suggests a private road serving the lots. This road will need to be placed in an outlot. The outlot needs to be 50 feet wide, culminating in a cul de sac with a 50 foot radius. (Previously, I misstated the radii minimum as 45 feet.) The paved surface is to be 24 feet wide and the cul de sac pavement is 90 diameter. 3. Documentation will be required for each lot to confirm the location of two septic sites. The existing site for the existing home may be used as a site. The configuration of lot 3 may limit options for two sites. . 4. Each lot must have two contiguous acres of dry buildable land. Due to the steep slopes, and a portion of 'buildable' land downhill from the main building site, Lot 5 may not work. 5. It is advised to contact the watershed district as their stormwater management rules will be triggered by the proposed development, and the placement of stormwater facilities may impact lot lines and building placement. 6. Lot width is measured at the building setback line (50 feet back). The entire width does not need to be dry-buildable. 7. Tree removal should be kept to a minimum. A conservation design plan(Section 78-1635 of the City Code) will be required for a plat of this property. It is recommended, but not required,to prepare that plan prior to the sketch plan so that it can influence building site and road routing. An exhibit showing the limits of tree removal would be helpful. 8. The front yard of a corner lot is the side with the shortest frontage,and the front yard setback is measured off this shortest street frontage. For lots 1 and 3,this is Orono Orchard Road. Your proposal with regard to the location of the road off of Orono Orchard Road is appropriate, and staff will support this establishment of the new road as the front for these lots. I mention it now so as not to surprise you when I call it out during the formal review. At this point additional information is not required for submittal, though a revised plan sketch referenced in #1 above might be advantageous for the Commissions understanding of the project. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO Q.a.741104,-- Jeremy Barnhart,AICP Community Development Director o To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator ti From: Jeremy Barnhart,AICP ?4kEsHo4ti Community Development Director Date: February 18, 2020 Subject: #LA20-09, Don Gamble o/b/o Richard A and Kim A Edwards, 2480 and 2474 Carman Street, Sketch Plan Application Summary: The applicant is requesting informal feedback on the proposed sketch plan for the two existing lots at 2480 and 2474 Carman Street Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Commissions discussion with the applicant to bring to light potential issues to be addressed prior to submission of a formal Preliminary Plat application. Planning Department Staff recommends the Commission provide feedback. Background The applicant represents the two property owners of 2474 and 2480 Carman Street. 2474 Carman is west of 2480 Carman street, both have street frontage on Shoreline Drive. These lots are long and narrow, and their listed area (per Hennepin County) is 2 and 2.24 acres respectively, including a small inlet harbor type area. The lots are each improved with single family home on the portion of the lot south of the inlet. These homes are accessed via a private driveway off of Carman Street. They are the second and third lots off of this driveway(nonconforming). The portions of the lots north of the inlet are unimproved. It is the applicant's goal to split the lots to facilitate two new building sites north of the inlet. The portion of the lots north of the inlet are heavily wooded. The west lot includes a wetland. Both lots drop off quickly from Shoreline Drive. There are rumors of debris buried within the property,though the city is not aware of any official findings or soil borings. The property is unique in that the portion of the lot south of the inlet is zoned LR-1B, and the portion north of the inlet is zoned LR-1C-1. The applicable lot areas and width are illustrated in the table below. Proposal The applicant proposes splitting both lots, creating two buildable lots north of the inlet,and two lots south of the inlet. The lots would be required to connect to municipal sanitary sewer. The applicant proposes access to the lot via a curb cut off of Shoreline Drive. The applicant has not provided information relative to the housing style or character. FILE#LA20-000009 February 18,2020 Page 2 of 3 Planning Staff Analysis LOT ANALYSIS WORKSHEET Lot Analysis Area Required Width Required Conforming? Notes West Side (2474 Carman Street) North of Inlet 0.93 .5 acre 136' 100' Yes Width is measured (LR-1C-1) only at lake,wetlands may reduce lot area South of Inlet 0.66 1 acre 124' 140' No, Lot area Width is measured (LR-1B) and width only at lake East Side(2480 Carman Street) North of Inlet 1.02 .5 acre 121' 100' Yes Width is measured (LR-1C-1) only at lake South of Inlet 0.64 1 acre 155' 140' No, Lot area Width is measured (LR-1B) only at lake Due to the configuration of the lots, and the shoreline,the two lots south of the inlet cannot meet the lot area requirements unless they are combined. The Planning Commission and City Council will have to support variances for the lot size (and lot width for 2474 Carman)to create four lots. Engineer Comments The proposal was shared with Hennepin County transportation, as they control Shoreline Drive (County Rd 15) Their comments were: • If the watershed district concludes there to be developable land here, our 1st recommendation would be to pursue an access easement to the east(commercial parcel).With the high crash rates and nearly 20,000 vehicles per day along this segment of Shoreline Dr we need to avoid direct access when we can. If an easement proves not to be a viable option,will need to combine two sites into one shared access. • Access should be between Navarre and the existing remnant curb cut app. 20'to the east. Most importantly would be ensuring adequate sight distance and maintaining a positive offset for opposing left turns (with EB left turns @ Navarre) as we recently restriped (2019 overlay)this segment into a shared center left-turn lane • Driveway needs to have level landing to allow for optimal sight distance • Need to have site grading avoid need for any retaining walls along Shoreline Dr • If/when replatting we will require right-of-way dedication to match a 45' half section (33' half ROW today). • Please submit a drainage report when available. Public Comments To date, no public comments have been received. FILE#LA20-000009 February 18,2020 Page 3 of 3 Issues for Consideration 1. Does the Planning Commission have any concerns with the layout? 2. In the Planning Commission comfortable with the proposed variances necessary? Planning Staff Recommendation Planning Staff requests feedback. List of Exhibits Exhibit A. Application Summary Exhibit B. Subject Parcels Exhibit C. Sketch Plan (3 pages) Exhibit D. Narrative Exhibit E. Wetland information Exhibit F. Staff comment letter 1-14-2020 Land Use Application Summary Application Date: 01/22/2020 Address: 2480 CARMAN ST WAYZATA, MN 55391 Parcel Number: 2011723120028 Land Use Number: LA20-000009 Application Submitted Agent on behalf of property owner By: Owner: Name: RICHARD A EDWARDS Address: KIM A EDWARDS 2480 CARMAN ST WAYZATA, MN 55391 Applicant: Name: Don Gamble Company: Address: 10704 Water Lily Lane Woodbury, MN 55129 Bgamble48@gmail.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Lot Divisions Land Use Application Amendmend Application O Type: Appeal of Admin Decision O Concept Application O Conditional Use Permit O Site Plan Application O Subdivision Application O Subdivision Exception O Vacation Application O Variance Application 0 • Applicant Signature: Evriltile II • J.fir,,.,:. . .. ,:7 Y , t t o tSi. 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J 9j .. . i y� Y1 } yZ lii . ... .........+ I W A .01C17 I+R• ' '� n' «*,a�'.�i� -te.sw:� 1 ..Iv r.E 114. ..%-- 4 x':+c 4 ;•'..;;-•••-;.'"::' y- +} ®. ar.m.. # ..! s. _ '•n �, 11 £ i . ,. , ° CERTIFICATE OF SURVEY FOR KIM EDWARDS OF LOT 12, Sc PART OF LOT 13, BLOCK 6, TOWNSITE OF LANGDON PARK HENNEPIN COUNTY, MINNESOTA SHORELINE DRIVE CO. RD. NO. 15 g ,,,•-S 89°24 04" E 125.05-••- a.,„„,,,, 6., •. : ...--————.__.."..— ,---,74 ...A 0,...i.„1, , ...,--7--„::- -- ...-_-, . %, :::-. ma.fgAr LASestiti-N• i Or Z '' itrAMI.Crillr,RR (ware. I CD .. ____...S.rili SAISZAS q....., ------- ---.„, 1 ' N. l ', , ,,.... i 5 ..--..._ 1 ' -- ---..„ %.... \ 1---i.'•••:— , ---. 1 .7,.. \ \ t _ ..-- -.... i •-.... 1 k , .. .•-, kr, • \rm., E.9\4. f --- ---. . .k. , 1. f l CooA,, \ ,:""I) I \ \ ' \ r \ \ \ ,f N N \ rIL'IWIlI'r4RI."1 \ N \ I \. '', \f • \ I 1 . g ,,....._........._ t .0 -e.-1-- I 'I N N;\ \\ I .44... \ 1....” i .." I i 1 ,\ ". , -/ I \ \ • 8 , , \ --- .../..„, .., . \ ..." 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This Arvey intends to snow the boundaries of the above desallsed propaty 5 '. , ---, .. ---1:-, .1 ,)1.., 1:04 A.A-Z....,„„„ .N49 t end the boohoo of co existing house,Spot elevotions.topogroPh..Y 0.1 01 . visdpw Thardsover"thereon.It does'Oft oupart to show any her .9 i . Improvements or ancroocanents. f ' : N 89'42'42" E — Nortz Aacurocy of herdocurer location.cnd extent of additional i -6- ... haldscrvisr is lirritoo Of reit and Ars.00.etr. n rs•e.L Ii. oriiX\\.\ • t - 1 J.. -9- L. 6 fv...-.1,.. . .r.' -1 I -, ...-7-.:-r--- 8 L. ''''I., 1'• .0 00,... 0 • (II 1 5., .°0°' .••..‹..k.•.K N'1/4,..,. 00. '., 1 .•••/ . t• •:::04 --• 1 ..!.• ...,,,, . ..., •., 4 , \ 4 I BLACKAOP, I t /Ic ,... ....__--/r2IIAAy \1. -p-4-..711114'2.':' •- .• .... '(0) .1...'-. -'''''•.. EL,.... . .. ( '-'v" . "%.,"..,—.1 . LAGOON •ANS£ a' I- L EXSTISIC [ I --:_i - !AM 5 ,, NU- .......... - -- :4 -• '1 ':' ''''- 1 ----- — ... i i t... - L.1 \ 1 03 SiAtiSAK AS ...1 ,. L. / ..... \... 4......) ...,,,, tvg...4v----..,.... \ . 100 3,17.41th.,,...."•49'''S tie•42.4,0 we. ‘.,_, ..,.,4.,,.,1177,24 m ....,..... ............,.., LAKE ....., MINNETONKA ..., 5000(00000 0000,' • CARMAN'S BAY . I OM 1 MAMA I hereby Arrirs lissi ibis OM 11,e6,17.1.1..,rAfArAir PROJECT GRONBERG 84 ASSOCIATES, INC. ".ZIK,T7`4%L =`,L`Z.t1.17..rs.'''' 0-21-100-21-10C14141.ANGl,N1NHv,ERSfiI .oi, :L,,,AND tcokc URt9ETORLc..,N5 S..L&ND P1.5776E99 105No hes a P.slate et Aar et- ' Legend Certificate of Survey • Found Iron Monument O Set Iron Monument(LS 14700) Prepared for: Site Address: x 000.0 Existing Devotion Scott Carman St Scott Edwards Orono, MN 55391 ®Manhole --NW co, Lot 11 • 4 NE cor. Lot if--'' i k Lagoon CO CO N. --Edge of Water v --"�� �+fir SCALE r�'irti �iPraP 929.4 Contour 4.'-• � 9-3!=q--4,-49T-4,'-'77- 04,,,,� �' �, 1 1 Inch 30 feet � g {t MHR 932.3 932 k.A t - t 11 12 F. m 3a� 0,4 93s' �' tt -.. 9 .. r','� • , F • '"..7 1 a • :. & ut tom rr jx ,s3� 1 s »r Neet' ,',73/4'-' in: 1 r za,z, r x � /� - 4c3.7 I me.: i ing House/ -1 35.9-- 'y40 fi -g•1.1.1 • FFE 939.8 , qs try 9 to //91(A,92;,°11 { H GFE938.3 O x ca aefes- /// j~ 9 4 71.9 Deck g35 &Steps di,3S 1r\ N O a IVsir Z _I <3Q t L ---- --Riprop � ler ,_Edge a i"TO al J_�53o s„/ •a �,jlllnetonkMrwO) lop of no e h ..,,,ter.—29.41(P�MnDNR) Ordinary N 9 Boundary Descre tion(supplied by client) Note: Lot 11, Block 6, TOWNSITEOF LANCDON PARK, according to Sheet 1 of 2 intended to only show that portion the recorded plot thereof, Hennepin County, Minnesota. of subject parcel lying southerly of lagoon. Subject to any and all easements of record. Bearings based on assumed datum. Job Number: 8276 SCHOBORG 1 hereby certify that this certificate of survey was prepared by me or under my direct supervision and Book/Page: LL that I am a duly Registered Land Surveyor under the LA D SERVICES laws of the St/atof B. schsota. Survey Dote: 8/25/16, 9/2/t6, 9/28/16, ( <47,..4. s/� / 9/12/!7, 9/29/17 INC. /fit! .4. - Orowlrtg Name: edwards.dwg Paul Schoborg Drown by. DMS 763-972-3221 8997 Co_ Rd. 13 SE Date y Revisions: www.SchoborgLand.com Delano, MN 55328 � �.lrrlZ�d> Registration Na. 14700 • Sheet 1 of 2 jenend Certificate of Survey • Found Iron Monument O Set Iron Monument(LS 14700) Site Address: x o00o Existing Elevation Prepared for: Scott Edwards 2474 Carman St Orono, MN 55391 ®Manhole -N. line of Sec. 20-117-23 County Rd. No. 15 9tt0 ----•--N8 5'13 E 125.00 )1 .........._ Asa �-- T _ `-NW--__cor.Zof"T7'--- 948 T 4 - - / �.. .kt�cor. Lot 1 �.`---^_"---_.._`__.. �� -_ -----..��I'-944 ,.�-, �� � --- SCALE_.. � __�� .��� / o SCAsLE �� / ff/ ._ `°,., v 1 inch = 30 feet II t / g( /-'``9,�8 1 / r1, �_ 1 / I dfs / J�\� t ` I ( 1 93 ► ` 1 ^� 13.3 `x'(-- ! z. m I `� / I 0 I11-3 y -1-8 \ _----Wet land----- H i 1 b . (delineated by other) ��` O w ` O 1 1 C C I 1 0 6 T 1O p I ` i 1 1 w ! ^ o) o o \ to i Is.Ii s \ ,-IA-1 ti a to I 11 . --.-- 26.6 -4.1 f,, ,a so (1"; t �o� V., I i t of'P `� roe o `•-j`l Lagoon • ¢tea —I _ Ooundorr Description (supplied by client) ! o( Lot 11, Block 6, TOWNSI7E OF LANGDON PARK, according to -Sheet 2 a 2 Intended to only show that portion the recorded plot thereof, Hennepin County, Minnesota of."Sebt parcel lying northerly of lagoon. Subject to any and oil easements of record. Sheet 2 of 2 Gamble Realty Inc. 1/22/2020 10704 Water Lily Lane Woodbury, MN 55129 To whom it may concern, The current owner at 2480 Carman Street would like to divide his lot as indicated on the sketch plan. I have also included the survey for 2474 Carman Street as it is included in the soil survey and would also like to subdivide their lot in a similar fashion.The north portion of the lot is in a different zoning and is separated by the lagoon from the south portion of the lot.The north portion of the lot currently has a curb cut for access from Shoreline Drive.The house on the south portion has it's own driveway and utility access from Carman Street.A separate driveway lot is shared by both 2480 and 2474 Carman. It appears from the 2040 Orono Land Use Plan that the north portion of the lots are looked at as a separate development opportunity from the south homes.The only potential for development is if the lots are divided as indicated on the sketch plan. Thank you for your consideration, Don P Gamble III Gamble Realty, Inc 952-292-2469 Bgamble48@gmail.com Minnesota Wetland Conservation Act Notice of Decision Local Government Unit(LGU) Address Minnehaha Creek Watershed District 15320 Minnetonka Blvd Minnetonka, MN 55345 1. PROJECT INFORMATION Applicant Name Project Name Date of Application Bruce Edwards 2472 and 2480 Carman Street Application Number Orono(Northern Portion) (09/01/2017) W17-39 Complete (09/01/2017) ®Attach site locator map ®Attach approved boundaries Type of Decision: ® Wetland Boundary or Type ❑No-Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ❑ Banking Plan Technical Evaluation Panel Findings and Recommendation(if any): ® Approve ❑ Approve with conditions ❑ Deny Summary(or attach): 2. LOCAL GOVERNMENT UNIT DECISION Date of Decision: 10/31/2017 ®Approved ❑ Approved with conditions(include below) ❑ Denied Bruce Edwards applied for a wetland boundary&type confirmation for the wetlands located at 2472 and 2480 Carman Street(PIDs=2011723120027 and 2011723120028)in the City of Orono, Hennepin County, Minnesota. Legal description: Section 20,Township 117N, Range 23W.The boundary&type approval was requested September 1,2017 A wetland delineation was conducted by Kjolhaug Environmental Services on August 29,2017. A complete delineation report and WCA application were submitted to MCWD on September 1,2017. One wetland was delineated within the project area. Wetland 1 was identified as a Type 1, seasonally flooded basin. MCWD approves the wetland boundaries and types as documented in the delineation report submitted on September 1, 2017 and delineated in the field on August 29,2017. This decision is valid for five years. A future project located on this property may require a permit from the MCWD. LGU Findings and Conclusions(attach additional sheets as necessary): BWSRForms 7-1-10 Page 1 of 3 For Replacement Plans using credits from the State Wetland Bank: Bank Account# Bank Service Area County Credits Approved for Withdrawal(sq. ft. or nearest .01 acre) Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval of a Wetland Replacement Plan is conditional upon the following: n Financial Assurance: For project-specific replacement that is not in-advance,a financial assurance specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9 (List amount and type in LGU Findings). n Deed Recording: For project-specific replacement,evidence must be provided to the LGU that the BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have been filed with the county recorder's office in which the replacement wetland is located. ❑ Credit Withdrawal: For replacement consisting of wetland bank credits,confirmation that BWSR has withdrawn the credits from the state wetland bank as specified in the approved replacement plan. Wetlands may not be impacted until all applicable conditions have been met! LGU Authorized Signature: Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as specified above. If additional details on the decision exist,they have been provided to the landowner and are available from the LGU upon request. Name Title Katherine Sylvia Permitting Program Lead Signature L. 1 Date Phone Number and E-mail 10/31/17 (952)473-2855 / ksylvia@minnehahacreek.org THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. Applicants proceed at their own risk if work authorized by this decision is started before the time period for appeal (30 days)has expired. If this decision is reversed or revised under appeal,the applicant may be responsible for restoring or replacing all wetland impacts. This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and specified in this notice of decision. 3. APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905,any appeal of this decision can only be commenced by mailing a petition for appeal,including applicable fee,within thirty(30)calendar days of the date of the mailing of this Notice to the following as indicated: Check one: ® Appeal of an LGU staff decision. Send ❑ Appeal of LGU governing body decision. petition and$0 fee(if applicable)to: Send petition and$500 filing fee to: Minnehaha Creek Watershed District Executive Director 15320 Minnetonka Blvd Minnesota Board of Water and Soil Resources Minnetonka,MN 55345 520 Lafayette Road North St. Paul, MN 55155 BWSR Forms 7-1-10 Page 2 of 3 4. LIST OF ADDRESSEES ® SWCD TEP member: Stacey Lijewski–Stacey.lijeweski@hennepin.us ® BWSR TEP member: Ben Carlson—ben.carlson@state.mn.us n LGU TEP member(if different than LGU Contact): ® DNR TEP Becky Horton–becky.horton@state.mn.us ❑ DNR Regional Office(if different than DNR TEP member): ❑ WD or WMO(if applicable): ® Applicant(notice only)and Landowner(if different): Bruce Edwards- ba rkedwards@yahoo.com ® Members of the public who requested notice(notice only): Melanie Curtis- mcurtis(&,ci.orono.mn.us; Andrew Krinke-andrew@kjolhaugenv.com ® Corps of Engineers Project Manager(notice only):Ryan Malterud— ryan.m.malterud@usace.army.mil n BWSR Wetland Bank Coordinator(wetland bank plan applications only) 5. MAILING INFORMATION >For a list of BWSR TEP representatives: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf >For a list of DNR TEP representatives: www.bwsr.state.mn.us/wetlands/wca/DNR TEP_contacts.pdf >Department of Natural Resources Regional Offices: NW Region: NE Region: Central Region: Southern Region: Reg.Env.Assess.Ecol. Reg.Env.Assess.Ecol. Reg.Env.Assess. Reg.Env.Assess.Ecol. Div.Ecol.Resources Div.Ecol.Resources Ecol. Div.Ecol.Resources 2115 Birchmont Beach Rd. 1201 E.Hwy.2 Div.Ecol.Resources 261 Hwy. 15 South NE Grand Rapids,MN 1200 Warner Road New Ulm,MN 56073 Bemidji,MN 56601 55744 St.Paul,MN 55106 For a map of DNR Administrative Regions, see: http://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf >For a list of Corps of Project Managers: www.mvp.usace.army.mil/regulatory/default.asp?pageid=687 or send to: US Army Corps of Engineers St. Paul District,ATTN: OP-R 180 Fifth St. East, Suite 700 St. Paul,MN 55101-1678 >For Wetland Bank Plan applications, also send a copy of the application to: Minnesota Board of Water and Soil Resources Wetland Bank Coordinator 520 Lafayette Road North St. Paul,MN 55155 6. ATTACHMENTS In addition to the site locator map, list any other attachments: BWSR Forms 7-1-10 Page 3 of 3 ' ' ..... .——-' Dakota Rail Regional Trail \', 1zy gym, Crystal Place A s�.:icyw o- d ou4._ Livingston Avenue �yeo4 e 2 Oo ty i D rp C e. N 3 Lyric Avenue D P ,D p __t J. .._.�_. Drive CR 15 Shoreline Drive t:v -- — r —03465 Caste Av Point Rd Site Location f, a c to vs re Frederick Street f t � 04, t£ a ; W t I 3t It 1$ ''''','.';'t''''',' r 5 � '�. 'kap � ©OpenstreetMap(and) contributors,CC-BY-SA Figure 1 - Site Location N 0 300 Edwards Property (ICES 2017-035) Orono,Minnesota ayf`. Feet ,`, Note:Boundaries indicated on this figure are approximate KJOLHAUG ENVIRONMENTAL.SERVICES COMPANY and do not constitute an lbo"wr official survey product. +.1"......r...../ Source:ESRI Streets Basemap -.x.11 970 911' 952 � 948 •--..., � 968 966 ,.— 958 x:_962 960 96 - 95 w.. 4 4 : , *--t.i., -40r‘',14'_:---' .4., 11.7,7.-- v 948 ''. ' 'i a50 •rlr V K'1/4'.-....-- ...‘\"-- wpwee:i 936 r. ` --\-----n--\ ''.-..."---------\........ Wetland 1 •.? , -.0, %vtoi; V ,....), M 3 Illall K.....) . 9 0 932 928 i , , Transect jo_____{.....H --.. 1 - - Drainageway 1 . Approximate Wetland Boundary —^_—'--'~---- -- -~— 2ft Lidar Contour \ i .. r / _ Figure 2 - Existing Conditions N p 75 Edwards Property (KES 2017-035) ,�zlf `. A I l Feet Orono, Minnesota �� Note:Boundaries indicated ,3 on this figure are approximate =- IJOLHAUG ENVIRONMENTA1.SERVICES COMPAICY and do not constitute an ~`ww official survey product. '�/ Source:MnGeo,ESRI Imagery Basemap CITY OF ORONO Street Address: Mailing Address: Telephone(952)249-4600 S' 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 �l9kESH0��� Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us January 14, 2020 Don Gamble III VIA EMAIL Bgamble48(a,gmail.com Re: 2474 and 2480 Carman Street Mr. Gamble, Thank you for submitting plans showing a proposed subdivision of the lots at 2474 and 2480 Carman Street. Your proposal shows 5 lots on the north side of the lagoon. It is assumed that the proposal retains the two houses on the south side of the lagoon as two separate parcels. In subdivisions,all created lots must meet the zoning requirements, or variances must be requested and granted. Please be advised that the City Council does not typically grant variances for subdivisions. Further, any existing non-conformities(driveway configuration)are often expected to be resolved. My comments are intended to provide guidance as you consider your next steps. 1. Zoning. The subject properties are unique, in that they both extend from Shoreline Drive south,over a lagoon,then onto Lake Minnetonka. The portion of each lot north of the lagoon is zoned LR-IC-1,and the portion south of the lagoon is zoned LR-1B. The lot area/width, and setbacks for each zone are as follows: LR-IC-1 LR-1B Area 0.5 acres 1.0 acres Width 100 140 Lake Setback 75 75 • Side Setback 10 10 Rear setback 30 30 Based on the unsealed plans provided,the lot sizes are as follows: You will need to show that each lot has a building site that conforms to these setbacks. Lot Analysis Area Width Conforming? Notes West Side Width is measured at the narrowest street Lot 1 14000 100 No, Area frontage Lott 23746 131 Yes Remainder No, Width and property 29920 121 Area 1 acre, 140 width East Side Width is measured at the narrowest street Lot 1 10000 100 No,Area frontage Lot 2 10000 100 No,Area Lot 3 21300 121 No, Area Remainder No, Width and Property 33000 160 Area 1 acre, 140 width The lot areas noted above are assumptions based on the plans received January 13, 2020 and ignore possible wetlands/slopes, etc.that may reduce the calculable lot area: In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in chapter 78 or half-acre, whichever is less (exclusive of public and private rights-of-way, vehicular or pedestrian easements, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the floodplain elevation for a specific property), and have legal access to the building site without encroachment of a wetland or floodplain area. Dry buildable land is also defined in the city code as land area occurring within the property lines of a parcel or lot, excluding drainage-ways, flowage areas, floodplains, wetlands, marshland or slopes of 18 percent or greater. Your engineer can confirm, but it appears that a substantial portion of 2474 Carman includes wetlands and the southern parcels cannot meet the lot area requirements when water area, floodplains, and wetlands are excluded. Variances will be required. 2. Access/roads. The road from shoreline providing access to the lots will need to be within a 50 foot wide outlot(for a private road). The paved surface will need to be 24 feet wide. The road will need to terminate in a cul de sac. The County will need to approve the intersection location. I'm sure the County will confirm,but the road should line up with Navarre Avenue on the north side of Shoreline. The remaining parcels(south of the lagoon)do not have frontage on a public or private street. The shared driveway serving 2470,2474, and 2480 Carman Street will need to be improved to city standards as a private street(50 feet of right of way,and a paved surface of 24 feet). The end of this road will need to include a cul de sac. 3. Utilities. All lots will need to be served by the Sanitary sewer system. Utility trunk lines, if not at the property,will need to be extended to the property at the developers expense. Stormwater management will be necessary for a lot with 7 lots. 4. Conservation Design. This project will require a conservation design plan. The applicable regulations can be found here. The northern sites are heavily wooded,the conservation design plan should identify tree removal boundaries,including the identification of substantial trees. You have the right to apply for a subdivision. It is recommended that you initiate a sketch plan application,where you can receive Planning Commission, and if desired,Council feedback. The next deadline for a sketch plan submittal is Wednesday,January 22nd. Your plans should be to scale,and complete enough to adequately demonstrate your proposal. You will submit your application online,through the city's application portal. Staff will not support variances that result in the creation of substandard lots. In advance of making a formal sketch plan application, I would visit with the Hennepin County transportation office regarding the access locations off of Shoreline and the Minnehaha Creek Watershed district for stormwater management and erosion control requirements. Please feel free to contact me at 952.249.4626 or by email at jbarnhart@aci.orono.mn.us if you have any questions on the above requirements or the subdivision process. Sincerely, CITY OF ORONO (54,e,4,4 Jeremy Barnhart,AICP Community Development Director SVON- To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator From: Jeremy Barnhart,AICP 11104>, ss c` Community Development Director k�SH�4' Date: February 18, 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, standards, and procedure for the review of grading and land alteration activities in the city. Staff Recommendation: Planning Department Staff recommends the Commission approve the draft,subject to any changes identified during the workshop or public hearing. Background This item was introduced to the Planning Commission in January, 2020. A workshop is scheduled for Tuesday, February 18, 2020 at 5:00 p.m.to review and discuss. 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). Conditional Use (or Interim Use) permits require a 6-8 week public review process. Further, staff has long received complaints about the lack of clarity in our current ordinance, specifically which activity requires a permit. 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. This diversity in location lends to confusion and missed regulations. 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 FILE#LA19-000091 February 18,2020 Page 2 of 2 charted on the attached Exhibit B. All changes are shown; text with striketh-Fe+ig14 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 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 currently 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 typically) 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 introduced, more can be added as necessary. Public Comments To date, no public comments have been received. The DNR has reviewed an early draft. Per state Statute,the DNR must review all changes that impact the Shoreland Overlay District. After the Council's initial comments, staff intends to provide that draft to the DNR for review;the City Council will then revisit it after the DNR has commented. Issues for Consideration 1. Has the Commission identified anything areas requiring further clarification or discussion? 2. Are there any other issues or concerns with this amendment? Planning Staff Recommendation Planning Staff recommends approval of the ordinance, subject to any changes identified during the workshop or public hearing. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Permitting requirement summary Exhibit C January 21, 2020 Minutes (draft) References January 21, 2020 PC Packet February 18, 2020 PC workshop packet 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 4 where the material is intended to be distributed throughout the site or exported from the site. Commented[JB1]:New definition 5 6 Yard, lakeshore-means a yard lying between the natural ordinary high water mark of a public water en 7 the lakeshore and a line parallel to it at the structure setbackthe required lakeshoro setback lino,for the 8 . 9 I / Commented[JB2]:Matching the definition to Shore 10 setback zone 11 ARTICLE IX.-SHORELAND MANAGEMENT' 112 13 Sec.78-1220.-Zoning district compliance with minimum requirements. 14 (a) The zoning district standards of this chapter currently comply with the lot size,lot width,permitted 15 use and conditional use standards set forth by the department of natural resources shoreland 16 management regulations,MR 6120.2500-6120.3900. 17 (b) The following city zoning districts are partially or fully located within the Shoreland Overlay District: LR-1A RR-1A B-1 LR-IB RR-1B B-2 LR-1C RR 1B I RS B-3 LR-1C-1 IPPB=S I B-4 Commented[JB3]:We do not have a RR-1B-1. 18 DIVISION 2.-ADMINISTRATION AND ENFORCEMENT 19 20 _(Ord.No. 101 2nd series,§1(10.56(6)),2-24-1992) 21 Sec.78-1247.-Land alteration and building permits required. 22 A permit is required for the construction of buildings,building additions,related work such as 23 construction of decks and signs,installation or alteration of sewage treatment systems,grading and filling 24 activities,and other activities as regulated in article X,Division 7 Grading and Land Alterations 25 elsewhere-in this Code. 26 (Ord.No. 101 2nd series,§ 1(10.56(10)),2-24-1992) 27 Sec.78-1252.-Nonconformities. 28 All legally established nonconformities as of February 24,1992,may continue subject to applicable 29 state statutes and as regulated elsewhere in this Code.In shoreland areas,the following standards shall 30 also apply: 31 (1) Construction on nonconforming lots of record. Development or use of existing lots of record 32 shall be regulated as set forth in section 78-74. Commented[JB4]:Lots of Record 33 (2) Additions/expansions to nonconforming structures. All additions or expansions to the outside 34 dimensions of an existing nonconforming structure must meet the setback, height, and other 35 requirements set forth in this chapter.Any deviation from these requirements must be authorized 36 by a variance pursuant to provisions of this chapter. Page 11 February 18,2020 37 (3) Nonconforming sewage treatment systems. A nonconforming sewage treatment system (also 38 defined as a noncompliant system)as defined in section 158-41 and located within the Shoreland Commented[JB5]:Chapter 58 is SSTS regulations 39 Overlay District must be upgraded and made conforming,at a minimum,at any time a permit or 40 variance of any type is required for any improvement on,or use of,the property, except that 41 systems which are noncompliant due solely to lack of three feet of unsaturated soil or sand 42 between the distribution device and the limiting soil characteristics shall have seven years in 43 which to become compliant per the provisions of chapter 58,article II,of this Code.All other 44 noncompliant sewage treatment system provisions of chapter 58, article II, of this Code shall 45 apply to all shoreland areas. 46 (Ord.No. 101 2nd series,§ 1(10.16(17)),2-24-1992;Ord.No. 162 2nd series,§ 1,9-22-1997) 47 Secs.78-1253-78-1275.-Reserved. 48 DIVISION 3.-SHORELAND OVERLAY DISTRICT STANDARDS 49 50 52 (Ord.No. 101 2nd series,§ 1(10.56(16)),2 21 1992) 53 Sec.78-1277.-Minimum lot area/lot width standards. 54 Minimum lot area and lot width standards of the underlying zoning district shall apply,with the 55 following exceptions: 56 (1) No lot within 1,000 feet of a general development lake and approved for duplex use per sections I 57 78-228(4$),78-253111-0),78-303(993-0),78-328(9),78-348(10),or 78-367(10)shall be less than Commented[JB61:Zoning chapters,Duplexes are 58 135 feet in width nor less than 26,000 square feet in area,if riparian,nor less than 17,500 square conditional use 59 feet in area, if nonriparian, but such lot shall also meet the minimum lot area and width 60 requirements of the respective underlying zoning district. 61 (2) No lot within 300 feet of a tributary and approved for duplex use per sections 78-228(4-0),78- 62 253(1-0),78-303(2440),78-328(9),78-348(10),or 78-367(10)shall be less than 150 feet in width 63 when no sewer is available,nor less than 115 feet in width when sewer is available,but such lot 64 shall also meet the minimum lot width requirements of the respective underlying zoning district. 65 Sec.78-1279.-Placement of buildings and structures on lots. 66 When more than one setback applies to a site,buildings,structures,and facilities must be located to 67 meet all setbacks.Buildings and structures shall be located as follows: 68 * Except for accessory buildings on lakeshore lots as regulated in this chapter and except for buildings 69 and structures subject to less restrictive side yard adjacent to street setbacks as regulated in the various 70 zoning districts. 71 (3) Bluff impact zones.Buildings,structures and accessory facilities,except stairways,landings and 72 lock boxes,must not be placed within bluff impact zones. 73 (4) Uses without water-oriented needs. Uses without water-oriented needs must be located on lots 74 or parcels without public waters frontage, or, if located on lots or parcels with public waters 75 frontage, must either be set back double the normal ordinary high water level setback or be 76 substantially screened from view from the water by vegetation or topography,assuming summer, 77 leaf-on conditions. Page 12 February 18,2020 I 78 (5) Fences,docks,retaining walls.No fence shall be placed within the share-setbaslcShore Setback 79 zone.Portions of dock located landward of the OHWL shall be considered as a landing,subject 80 to the regulations for landings per section 78-1282.Retaining walls shall not be placed within the 81 share-setbaslkShore Setback zone. 82 Sec.78-1282.-Driveways,stairways,lifts and landings. 83 (a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the 84 property has no other frontage on or access to a public or private road. 85 (b) Stairways and lifts are the preferred alternative to major topographic alterations for achieving access 86 up and down bluffs and steep slopes to shore areas. Stairways,lifts and landings shall be allowed in 87 the share-setbaskShore Setback zone and must meet the following design requirements: 88 (1) Stairways and lifts must not exceed four feet in width. 89 (2) Landings for stairways and lifts shall not exceed 32 square feet in area. 90 (3) Canopies or roofs are not allowed on stairways,lifts,or landings. 91 (4) Stairways,lifts and landings may be either constructed above the ground on posts or pilings or 92 placed into the ground,provided they are designed and built in a manner that ensures control of 93 soil erosion. 94 (5) Stairways,lifts and landings must be located in the most visually inconspicuous portions of lots, 95 as viewed from the surface of the public water,assuming summer,leaf-on conditions,whenever 96 practical. 97 (6) Facilities necessary to provide shore area access to physically handicapped persons shall be 98 allowed,provided that the dimensional and performance standards of subsections(1)—(5)of this 99 section are completed in addition to the requirements of the Minnesota Regulations,chapter 1340. 100 (7) A building permit shall be obtained for construction of stairways,lifts and landings regardless 101 of whether such improvements are constructed above,at or below grade. 102 Sec.78-1283.-Steep slopes. 103 Any applicant requesting a permit for construction of sewage treatment systems,roads,driveways, 104 structures or other improvements on steep slopes shall provide adequate information to allow the city to 105 evaluate possible soil erosion impacts and development of visibility from public waters before such 106 permit may be issued.Grading plans prepared for steep slopes shall be prepared by a Licenses 107 Professional Engineer. When determined necessary,conditions shall be attached to issued permits to 108 prevent erosion and preserve existing vegetation screening of structures,vehicles and other facilities as 109 viewed from the surface of public waters,assuming summer,leaf-on vegetation. 1110 111 Sec.78-1285.-Vegetation alterations. 112 (a) No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of six 113 inches or more(or 19 inches in circumference or greater)measured three feet above the ground may 114 be removed without first obtaining a permit from the city staff,provided that at least the equivalent 1115 number of replacement inches trees of a size-ardLnature found acceptable to the staff are planted at the 116 same setback from the shoreline as those removed.Removal of trees that are dead shall not require a 117 permit,but such trees must be inspected by city staff prior to their removal. 118 (b) Intensive vegetation clearing within 75 feet of the shoreline,on steep slopes or within the bluff impact 119 zone within the Shoreland Overlay District is prohibited.Limited clearing of shrubs and trees less than 120 six inches in diameter and cutting,pruning and trimming of trees of any size is allowed to provide a 121 view to the water from the principal dwelling site and to accommodate the placement of permitted 122 stairways and landings,picnic areas,access paths,beach and watercraft access areas,and permitted Page 13 February 18,2020 123 lockboxes,provided that the screening of structures,vehicles or other facilities as viewed from the 124 water,assuming summer,leaf-on conditions,is not substantially reduced. 125 (Ord.No. 101 2nd series,§ 1(10.56(16)(I)),2-24-1992;Ord.No. 127 2nd series,§7,7-11-1994;Ord.No. 126 178 3rd series,§ 14, 10-10-2016) 127 „Sec.78-1286.— :. - - . - . . . _ . : -:.New Public and Private roads. Formatted:Not Highlight 128 : :" :•: : : - .. : :: . .- . . .. • 129 130 131 132 133 _ .. _ _ . -. . •- - ._ , - 134 :• : : :. 135 136 construction of structures,sewage treatment systems,and driveways shall adhere to the grading and fillinb 137 138 • _. ! _.. _ . . . . .. . . . •• 139 140 (c) New Public and private roads,driveways,parking areas,and public or private watercraft access ramps 141 shall not be constructed within the share--setbaslcShore Setback of the public waters enumerated in 142 section 78-1217.If no alternatives exist,such improvements shall be subject to the standard zoning 143 variance review procedure,and such review shall consider the following: 144 (1) Such improvements shall be designed to take advantage of natural vegetation and topography to 145 achieve maximum screening from view from public waters. 146 (2) All roads and parking areas shall be designed and constructed to minimize and control erosion 147 to public waters consistent with the requirements of all agencies with jurisdiction and in 148 accordance with City Code chapter 79. 150 :. : :. _ .' ..•: ., . 151 152 153 •_ • 154 ... ... �� e 5. .- 155 156 alteration-permit- . 157 •--..•. .. .. ..:: _ 158 159 - 160 :.•: 161 e° n:._ °:::` 162 , 163 d. Recreational u,e; 164 Page 14 February 18,2020 165 : : :'•n 166 167 . 168 . 169 170 171 172 173 174 175 ' ' ' 176 177 178 179 - 180 o • . 181 • 182 183 184 85 •86 \ . 187 188 189 190 Sec.78-1289.-Standards for commercial,public and semipublic uses. 191 (a) Surface-water-oriented commercial uses and public or semipublic uses with similar needs to have 192 access to and use of public waters may be located on parcels or lots with frontage on public waters,if 193 permitted by the underlying zoning district standards.Those uses with water-oriented needs must meet 194 the following standards: 195 (1) In addition to meeting impervious coverage (hard cover) limits, setbacks, and other zoning 196 standards in this article, the uses must be designed to incorporate topographic and vegetative 197 screening of parking areas and structures. 198 (2) Uses that require short-term watercraft mooring for patrons must centralize these facilities and 199 design them to avoid obstructions of navigation and to be the minimum size necessary to meet 200 the need. 201 (3) Uses that depend on patrons arriving by watercraft may use the minimum amount of signage and 202 lighting necessary to convey needed information to the public,subject to the following general 203 standards: 204 a. No advertising signs or supporting facilities for signs may be placed in or upon public waters. 205 Signs conveying information or safety messages may be placed in or on public waters by a 206 public authority or under a permit issued by the county sheriff. Page 15 February 18,2020 207 b. Signs may be placed,when necessary,within the share-setbackShore Setback zone if they 208 are designed in size to be the minimum necessary to convey needed information.They must 209 only convey the location and name of the establishment and the general types of goods or 210 services available. The signs must not contain other detailed information such as product 211 brands and prices,must not be located higher than ten feet above the ground,and must not 212 exceed 32 square feet in size.If illuminated by artificial lights,the lights must be shielded 213 or directed to prevent illumination out across public waters. 214 c. The aggregate square footage of sign space per property shall not exceed the limitations on 215 sign square footage as regulated in article X,division 4,of this chapter. Commented IJB7]:Orono Sign Code 1216 d. Non sign-related outside lighting may be located within the lakeshore setback zone or over 217 public waters only if it is used primarily to illuminate potential safety hazards and is shielded 218 or otherwise directed to prevent direct illumination out across public waters.This does not 219 preclude use of navigational lights. 220 (b) Uses without water-oriented needs must be located on lots or parcels without public waters frontage, 221 or,if located on lots or parcels with public waters frontage,must either be set back double the normal 222 ordinary high water level setback or be substantially screened from view from the water by vegetation 223 or topography,assuming summer,leaf-on conditions. 224 (Ord.No. 101 2nd series,§ 1(10.56(16)(M)),2-24-1992) 225 Sec.78-1290.-Agricultural use standards. 226 (a) When permitted in the underlying zoning district, general cultivation fanning, grazing, nurseries, 227 horticulture,truck farming and wild crop harvesting shall be allowed in the Shoreland Overlay District; 228 except that no such activity shall occur within the she. Rea" kShore Setback zone nor on steep slopes 229 or bluff impact zones.Steep slopes,share-setbaskShore Setback zone and bluff impact zones shall be 230 maintained in permanent vegetation. 231 _(Ord.No. 101 2nd series,§1(10.56(16)(N)),2-24-1992) 232 Sec.78-1292.-Extractive use standards. 233 In addition to Interim Use Permit requirements included within Article XIV of this Chapter,the 234 following standards apply: 235 236 (a) Site development and restoration plan.An extractive use site development and restoration plan must 237 be developed,approved and followed over the course of operation of the site.The plan must address 238 dust,noise,possible pollutant discharges,hours and duration of operation,and anticipated vegetation 239 and topographic alterations. It must also identify actions to be taken during operation to mitigate 240 adverse environmental impacts, particularly erosion, and must clearly explain how the site will be 241 rehabilitated after extractive activities end. 242 (b) Setbacks for processing machinery. Processing machinery must be located consistent with setback 1243 standards for structuresbuildings from ordinary high water levels of public waters and from bluffs. 244 Secs.78-1296-78-1320.-Reserved. 245 246 Sec.78-1331.-Conversion. 247 Existing resorts or other land uses may be converted to planned residential developments if all of the 248 following standards are met: Page 16 February 18,2020 249 (1) Proposed conversions must be initially evaluated using the same procedures for PRDs involving 250 all new construction. Inconsistencies between existing features of the development and these 251 standards must be identified. 252 (2) Deficiencies involving water supply and sewage treatment, impervious coverage,open space, 253 and shore recreation facilities must be corrected as part of the conversion or as specified in the 254 conditional use permit. 1255 (3) Share-setbaskShore Setback zone and bluff impact zone deficiencies must be evaluated,and 256 reasonable improvements be made as part of the conversion.These improvements must include, 257 where applicable,the following: 258 a. Removal of extraneous buildings,docks or other facilities that no longer need to be located 1259 in chore setbackShore Setback zone or bluff impact zone. 260 b. Remedial measures to correct erosion sites and improve vegetative cover and screening of 261 buildings and other facilities as viewed from the water. 1262 c. If existing dwelling units are located in the Shore Setback zone or bluff impact 263 zone, conditions shall be attached to approvals of conversions that preclude exterior 264 expansions in any dimension or substantial alterations.The conditions must also provide for 265 future relocation of dwelling units,where feasible,to other locations,meeting all setback 266 and alteration requirements when they are rebuilt or replaced. 267 (4) Existing dwelling unit or dwelling site densities that exceed the standards in section .78-1326,--tCommented[JB8]:PRD density 268 may be allowed to continue but must not be allowed to be increased, either at the time of 269 conversion or in the future.Efforts must be made during the conversion to limit impacts of high 70 densities by requiring seasonal use,improving vegetative screening,centralizing shore recreation 71 facilities,installing new sewage treatment systems,or other means. 272 (Ord.No. 101 2nd series,§1(10.56(19)(K)),2-24-1992) 273 Secs.78-1332-78-1365.-Reserved. 274 275 Page 17 February 18,2020 1276 277 DIVISION 7.-GRADING AND LAND ALTERATIONS 278 279 280 Sec.78-1590.-Purpose. 281 The purpose of this section is to promote the health,safety,and welfare of the community and to 282 establish reasonable uniform limitations,standards,and controls for land alterations,excavating,filling 283 and grading within the city.The regulations will allow the city to better manage stormwater discharge, 284 ensuring drainage does not negatively impact neighboring properties,manage hauling traffic and noise, 285 and prevent erosion issues onto adjacent properties,wetlands,lakes,and roads.It is the intent that 286 development conform to the character of the land wherever practical,and the reconfiguration of the land 287 necessary to support development be kept to the minimum amount necessary. 288 (Ord.No.219 3rd series,§5,12-10-2018) 289 Sec.78-1591.—Information Required. All information required by the city shall be submitted for 290 review. Required information may include,but is not limited to:Grading plans,cut/fill calculations,haul 291 route proposals,erosion control plan,and Watershed district comments. 292 a. Grading plans involving Steep Slopes,Bluffs,or,repared for slope failure mitigation shall be 293 prepared by a professional engineer licensed in the State of Minnesota. Grading plans A j Commented[JB9]:P.E to prepare grading plans in 294pled shall showing proper drainage and protection of adjoining properties sensitive areas. 295 b. The city engineer shall have the authority to refer any requests for land alteration permits to the 296 city council for review and approval in instances where the land alteration appears to create 297 negative impacts to the infrastructure network,length of time of the projector be inconsistent 298 with the goals and policies of the community management plan 299 300 Sec.78-1592 Permit Required 301 302 1. Administrative Ppermit required:- 303 equired-303 :. : . .• 304 • -: - - -. 2-2 : t.- 305 305 _ .--' __ _-.__ __:.._;.•___;-_.,_• °---- _•'- -' _--_=s_:, 307 (a) (a) Unless approved as part of a project in which a permit has been issued, a separate land 308 alteration permit shall be required for the following!. Commented[JB10]:The following activities do not require a separate permit IF part of a permitted project. ACTIVITY LOCATION ' Commented[JB11 R10]:These include grading in the lake yard if addressing existing or potential slope failure. 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 18 February 18,2020 existing or potential slope failure Between 10 CY and Between 50 and Between 50 and Import/Export up to 500 CY 500 CYI 1000 CY / Commented[JB12]:If import of soil is greater that 500 CY to repair a slope failure,a IUP will be required. Stockpiling Up to 90 days Up to 180 days Up to 180 days 309 .. _ _ ••• . _:. . : . • . •.• ._ : •: 310 311 312 313 _ 314surrounding topography 315 ••::-.: .. 316 317 318 ! ..:•. ... . _ .. . 319 . 320 • 21 11 . . . _ . . . •. •- . . .b ._. •• .. 22 323 .. • • . • _ .. . . _ .. 1 . 324 b. Proposed haul routes. 325 326 sewage-disposal, 327 _ .. b, .. . • - • s:.. . ! . 1!! a...- 328 feet. 329 (Ord.No.219 3rd series,§5,12-10-2018) 330 (a)(b) yes.78 1542. Within Shoreland Overlay District 331 management. Commented[JB13]:The highlighted section is largely 332 copied from the Shoreland regulation section: 333 :•: - :::: . 334 _ . . 335 :. 336 337 338 339 All grading and filling activity as a part of approved permits for construction of structures,sewage 340 treatment systems, and driveways shall adhere to the Standards for Issuance of this article.land 341 • " _..• . . _ . . •• . Page 19 February 18,2020 343 ,.••_ .,_. - __.. .1 Commented]JB14]:One of initial purpose of the 344 (d) Except for those projects requiring permits for construction of structures, sewage treatment systems and amendment,reduce the red tape and time involved in slope 345 failures. 346 347 - 348 349 .. _ .. .. _ 350 .. . ... .. 351 Sec 78-1593 Standards for Issuance 352 (e)1(A)In addition to the rules,process,and procedures outlined with Chapter 79,Construction Site Runoff 353 Control of this Code,Permits are issued based on the applicant's ability to meet and adhere to the 354 following standards:I / Commented[JB15]:Most of the following standards are 355 (1) Grading or filling in any type 1,2,3,4,5,6,7 or 8 wetland must be evaluated to determine how from the Shoreland Overlay Distrrict Division. 356 extensively the proposed activity would affect the following functional qualities of the wetland: 357 a. Sediment and pollutant trapping and retention; 358 b. Storage of surface runoff to prevent or reduce flood damage; 359 c. Fish and wildlife habitat; 360 d. Recreational use; 361 e. Shoreline or bank stabilization;and 362 f. Noteworthiness,including special qualities,such as historic significance,critical habitat for 363 endangered plants and animals,or others. 364 This evaluation must also include a determination of whether the wetland alteration being 365 proposed requires permits,reviews or approvals by other sections of city ordinances or by other 366 local,state or federal agencies including but not limited to watershed districts,state Department 367 of Natural Resources,or the United States Army Corps of Engineers. 368 (2) Alteration activities shall be in accordance with City Code section 79-9 Minimum SWPPP Best 369 Management Practices(BPMs),including,but not limited to: 370 Alterations must be designed and conducted in a manner that ensures only the smallest 371 amount of bare ground is exposed for the shortest time possible. 372 b.Mulches or similar materials must be used,where necessary,for temporary bare soil 373 coverage,and a permanent vegetation cover must be established as soon as possible. 374 c.Methods to minimize soil erosion and to trap sediments before they reach any surface 375 water feature must be used. 376 d.Altered areas must be stabilized to acceptable erosion control standards consistent 377 with the field office technical guides of the local soil and water conservation districts and 378 the United States Natural Resources Conservation Service. / Commented(JB16]:From state rules relative to grading. 379 380 (3) Fill or excavated material must not be placed in a manner that creates an unstable slope. 381 (4) Plans to place fill or excavated material on steep slopes must be reviewed by the city engineer 1382 for continued slope stability and must shall not create finished slopes of 30 percent or greater. Page 110 February 18,2020 383 15) Fill or excavated material ffnisFshall not be placed in bluff impact zones,unless approved by the _–[Formatted:Not Highlight 384 City engineer as part of a slope stabilization project. 385 (6) Any alterations below the ordinary high water level of public waters must first be authorized by 386 the commissioner of the department of natural resources under Minn.Stat.§103G.245. 387 (7) Alterations of topography may only be permitted ••. - _ . - _. • •• .._ .--_ 388 - . - : -• - '•• . • .•: if they do not adversely affect adjacent or nearby 389 property. 390 k8) Any permit involving the import or export of material,the proposed haul route shall use city and 391 private streets the minimal amount necessary. In addition to the standards listed previously,the 392 City Engineer shall review the proposed haul route and document the condition of the city streets 393 prior to hauling activity. The city may require an escrow deposit to guarantee repair of city streets 394 damal ed b the haulinl activi ..,..... .• • Commented[JB171:Haul route standards introduced 395 396 397 398 ---- • - •• •. ._ . . .- •- --• _ :• . 399 (at) Excavations where the intended purpose is connection to a public water,such as boat slips,canals, 400 lagoons and harbors,are prohibited above the ordinary high water level. Such excavations below the 401 elevation or the ordinary high water level are subject to approval of the Department of Natural 402 Resources and other agencies with concurrent jurisdiction. 1403 (Ord.No. 101 2nd series,§ l(10.56(16)(J)),2 24 1992;Ord.No. 127 2nd series,§8,7 11 1994;Ord.No. 04 163 2nd series,§3, 12 8 1997;Ord.No. 171 2nd series,§2,4 4 1998;Ord.No.28 3rd series,§ 17, 05 8 22 2005;Ord.No. 133 3rd series,§§2,3, 1 26 2015;Ord.No.219 3rd series,§4,12 10 2018) 406 407 (C)Additional requirements for grading and land alterations may apply to projects within the-Shoreland 408 e - . e' _ •• _ .• . .: .•: floodplain management areas under City Code 409 article VIII. 410 411 (Ord.No.219 3rd series,§5, 12-10-2018) 412 Sec.78-15944.-Interim use permit requirements. 413 Interim use permits may be required for larger certain grading and land alterations projects outlined 414 in City Code-section 78 I726Article XIV,Division 1. 415 (Ord.No.219 3rd series,§5, 12-10-2018) 1416 Secs.78-15954-78-1600.-Reserved. 417 Page Ill February 18,2020 418 ARTICLE XIV.-INTERIM USES 1419 420 DIVISION 1.-GENERALLY 421 422 Sec.78-1726.-Interim use permit required. 423 An application for an interim use permit shall be accompanied by a certified site plan showing the 424 location of the proposed excavation or storage and shall state the amount of material which is to be 425 removed,excavated or stored,placed,or graded,and such other information as the council may require. 426 Applications shall be filed with the city administrator and shall be accompanied by a deposit to be 427 determined by the city,which will be used to offset the cost of processing the application.Any unused 428 portion will be refunded to the applicant. 429 (a) Except where otherwise provided in the article,it is unlawful for any person to perform or have 430 performed the following land alteration activities without an interim use permit issued by the 431 council: 432 (1) Mining.The commercial extraction of sand,gravel or other material from the land and their 433 removal from the site without processing shall be mining. In all districts,the conduct of 434 mining shall be permitted only upon issuance of a interim use permit. Such permit shall 435 include, as a condition, a plan for a fmished grade which will not adversely affect the 436 surrounding land or development of the site on which the mining is being conducted,and the 437 route of trucks moving to and from the sites.A bond will be required for restoration 438 (2) Soil processing.The operation of processing of sand,gravel or other material mined from 439 the land shall be permitted only by interim use permit.Such permit shall include a site plan 440 where the processing is to be done,showing the location of the plant,disposal of water,route 441 of trucks moving to and from the site in removing processed material from the site,the 442 condition in which the site is intended to be left upon completion, hour of operation;and 443 such permit shall not be granted for a period of longer than 12 months 444 (3) Creation of an engineered grade for the basis of building height determination outside of a 445 subdivision. 446 (4) Unless included as part of a permitted project, the following activities require a separate 447 Interim Use Permit. Activity Location • [Formatted Table 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 sq ft than 5000 so ft Import/Export More than 500 CY More than 500 CY More than 1000 C`f Commented[JB181:If import of material exceeds 500 cy is necessary to repair slope failure,an IUP(6 weeks)is required. Stockpiling more Stockpiling more Stockpiling more Stockpiling than 90 days than 180 days than 180 days Page 112 February 18,2020 448 449 450 451 cubic yards. 452 (5) Stockpiling on site in excess of 500 cubic yards or loner than 180 dayg, without an 453 ted 1 midi.,permit 454 455 section 78 1286(d)(3). 456 (57) Conducting grading or land alterations which result in changes in elevations within five 457 feet of adjacent properties,unless part of a building project. 458 459 (Ord.No.219 3rd series,§6, 12-10-2018) 460 Sec.78-1746.-Application procedure. 461 The information required and the procedures to be followed for all interim use permit applications 462 shall be the same as that required for a conditional use permit as provided for in this chapter in sections 463 78-912 through 78-917.In addition,the followin:information shall be .rovided: Commented[1819]:Process to review CUP's. 464 (a) Written documentation that includes a complete description of the use, schedule for 465 commencement and termination of the use, hours and dates of operation and anticipated 466 employment. 67 (b) Any special studies requested by the city when there is evidence that the proposed use may 468 negatively impact public infrastructure,the environment or adjacent land uses.These studies may 469 examine the impacts on such things as traffic,environment,wetlands and utilities. 470 (c) Evidence of approval or preliminary approval from all other agencies with jurisdiction over 471 elements of the use. 472 Page 113 February 18,2020 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 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. 7. LA19-000091 CITY OF ORONO TEXT AMENDMENT RELATED TO GRADING AND LAND ALTERATION,7:43 P.M.-7:55 P.M. Staff presented a summary of packet information. There were no questions for Staff Vice-Chair Erickson opened the public hearing at 7:47 p.m. There were no public comments relating to this application. Vice-Chair Erickson closed the public hearing at 7:47 p.m. Libby asked Staff if the scope is within the 75-foot lakeshore setback or anywhere there would be grading over and above a certain elemental quantity of movement of fill and grading. Barnhart said this would impact all grading and land alteration activities in the City. The goal is not necessarily to change the regulation but to better reorganize it and, in certain areas,propose change. He referenced Exhibit B which illustrates an existing regulation and also a proposed table attempting to demonstrate the same regulation. Barnhart stated they are proposing to remove the grading and land alteration portion of the shoreline regulations,which includes building height and hardcover and RPUD requirements, and put that in the existing grading and land alteration chapter.That change takes up about 15 pages of a 25-page document. Libby asked if the ultimate adoption would encompass City parks within Orono. Barnhart answered that it would apply to all property within the City. Barnhart stated he would be happy to meet with any of the Commissioners off-line if they have questions in advance of the workshop but thought a workshop is appropriate for this type of application. Erickson noted there is a new added definition regarding stockpiling, which is defined as ten cubic yards or more of soil/aggregate in a concentrated state. He said ten cubic yards is a small number. If you have a 3x3 foot square of floor space,that is barely enough for a desk chair,which is nine square feet. If it's one foot high of dirt,that's nine cubic yards. When he was a kid, he had a sandbox;that amount is not even a decent sandbox. Libby said 13 cubic yards would be close to a standard dump truck. McCutcheon stated Erickson's example is cubic feet and the amount is three times larger than what Erickson was talking about. He agreed it is relatively small. He asked if that was in line with what the DNR recommends with other communities. Barnhart said the document indicates official stockpiling will require a permit,whether it's a City permit or a Council permit.Anything less than that amount will not require a permit. Staff looked at it from a Page 1 of 2 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,January 21,2020 6:30 o'clock p.m. potential impact. If you have a dump truck that comes in and dumps a load of black dirt on a side property line,the City does not want it sitting there forever and wants a mechanism to keep it moving along. Barnhart said whether it was too small was an appropriate question and the Planning Commission will have that question on a lot of Staffs thresholds which is what he hopes to discuss at the workshop. Gettman asked Staff to bring to the meeting some real examples and how they would apply both to the existing and proposed language and some of the IUPs the Planning Commission has already dealt with. Then Staff could say under the new rule it would or would not work and what the impact would be. McCutcheon referenced a house being built this year and said the huge pile of black dirt was driving him nuts when he drove past it.He noted that would impede someone's shore view and if that was there more than 90 days, it would be frustrating. Barnhart said that is why he is introducing it. He is not comfortable with the current stockpiling regulation. Barnhart asked the Planning Commission to table the action until February 18. Libby asked if Staff would be sending an additional notice with a response to know what attendance would be like. He will be at the meeting. Barnhart said they will send out a questionnaire.He noted there used to be workshops the first Wednesday of each month. This year workshops are the hour before the Planning Commission meeting. Next month the meeting will be at 6:00;the workshop will start at 5:00. Gettman moved,Libby seconded,to table LA19-000091 City of Orono Text Amendment Related to Grading and Land Alteration.VOTE: Ayes 4,Nays 0. Page 2 of 2 ‘7L°Ao To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator , From: Jeremy Barnhart,AICP Ic SHO Community Development Director Date: February 18, 2020 Subject: #LA19-103, City of Orono,Text Amendment related to dock permitting,Joint Use Dock Licensing, and Marina licensing. Public Hearing Application Summary: The amendment would remove the requirement for dock permits,joint use dock licensing, and licenses for marinas. Staff Recommendation: Planning Department Staff recommends the Planning Commission support the ordinance as written,subject to any comments received during the public hearing. Background Over the course of the summer in 2019, the City Council reviewed licensing requirements for commercial marinas. Ultimately, on August 26th,the Council determined that a license was not necessary. During the review of the fee schedule in December, 2019,the City Council questioned the need for permits for docks and the need for joint use dock licenses,with the direction that the ordinances should be amended. This ordinance incorporates those changes, outlined below. An amendment to the fee schedule will be prepared for the City Council review. Analysis Dock permits The City, in Section 86-66 requires a permit"...to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure, or any part or portion..." This has applied to the first seasonal dock placed on a lakeshore property. In practice, there are not a lot of new lakeshore lots being created. Further, the Lake Minnetonka Conservation District (LMCD) has established rules and regulations for docks. Given the LMCD placement standards, removing the city's permitting requirements is recommended. Joint Use Dock Section 94-36 starts the regulations for Joint Use ,which means "...more than two adjacent riparian landowners joining for the purpose of using lakeshore property for FILE#LA19-103 February 18,2020 Page 2 of 3 swimming, bathing, fishing, docking or mooring boats, or for any other purpose. Joint use includes the following activities: (1) More than two adjacent riparian landowners sharing in the use of a single dock. (2) An association of riparian and/or nonriparian landowners within a subdivision adjacent to the lake sharing a dock or dock system providing permanent boat slips for the members. (3) In the RS zoning district only, a not-for-profit organization or association providing transient boat slips for stakeholders or a property used for day use recreation or overnight camping purposes." Joint uses currently require a license, issued by the City Council. Annually, the City issues 11 licenses a year, though no new joint use docks have been issued since 2005. In the last 5 years,the city has not received any complaints about joint use docks. The issuing of licenses is a fairly intensive process for both the applicant and the city with marginal benefit. Staff recommends the licensing requirement be stricken. It should be noted that removal of the license requirement, coupled with the removal of the initial permitting requirement for docks, removes city oversight from joint use dock facilities. The LMCD does require a license for placement of 5 or more boats, or sharing shoreline. The Planning Commission should provide feedback on whether a permit should be required for the initial placement of a joint use dock. Staff's proposed ordinance requires a permit for the initial placement of a joint use facility. Marina Licensing The rental of in-water boat slips, sales, and service of boats and boating equipment are among the listed permitted uses in the B-2 zoning district, and are commonly associated with a marina. Section 78-663 requires marinas obtain a business license. Section 94-74 outlines the operation standards for marinas, as part of the license criteria. Most of these standards echo standards already contained within the B-2 zoning district standards. The last time the Council issued marina licenses was in 2005. If the Council is comfortable that the standards in the B-2 zoning district are adequate, they should strike the licensing requirement. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission concur with the recommendation that a joint use facility obtain a permit? 2. Are there any other issues or concerns with this application? FILE#LA19-103 February 18,2020 Page 3 of 3 Planning Staff Recommendation Planning Staff recommends approval of the changes as proposed. List of Exhibits Exhibit A. Draft amendment Exhibit B. LMCD Handout Exhibit C. Joint Use Dock location summary Exhibit D. Section 94-74 regulations Exhibit E. B-2 Standards (excerpt) Exhibit F. License summary Exhibit G. August 26, 2019 CC workshop minutes 1 Ordinance amending requirements for Dock permitting, Joint Use facilities, and Marina 2 licensing. 3 Permits for Docks 4 Sec. 86-66. -Required. 5 (a)Permits required. It is unlawful for any person to erect, construct, enlarge, alter, repair, 6 move, improve, remove, convert, or demolish any building or structure, or any part or portion, 7 including but not limited to the general construction, plumbing, on-site sewage treatment 8 system, wood stoves and fireplaces, ventilating, heating or air conditioning systems, or cause 9 such work to be done, without first obtaining a separate building, sign, or general permit for 10 each such building, structure or separate component from the city. 11 Exception. Seasonal Docks, except for Joint Use are exempt from this section. For the 12 purposes of this section, seasonal docks are docks so designed and constructed that they may 13 be removed from the Lake on a seasonal basis. All components such as supports, decking, and 14 footings must be capable of removal by manual means without use of power equipment, 15 machines, or tools other than handheld power tools. 16 17 18 ARTICLE II. -JOINT USE OF LAKE FACILITIES 19 Sec. 94-36. - Definitions. 20 The following words,terms and phrases, when used in this article, shall have the meanings 21 ascribed to them in this section, except where the context clearly indicates a different meaning: 22 Boat slip, land, means a structure, space or other thing designed or used for storing a boat 23 temporarily or permanently on land adjacent to a lake, whether it is located on or off the licensed 24 premises. 25 Boat slip,permanent, means a boat slip on land or water used for the storing of a given boat 26 on a long-term or yearly basis. 27 Boat slip, transient, means a boat slip on land or water used for the temporary storage of 28 many different boats for short periods of time. 29 Boat slip, water, means a structure, space, dock or other thing designed or used for the 30 docking, mooring or storing of a boat temporarily or permanently in or on water, including 31 mooring posts, buoys or other devices. 32 Joint use means more than two adjacent riparian landowners joining for the purpose of using 33 lakeshore property for swimming, bathing, fishing, docking or mooring boats, or for any other 34 purpose. Joint use includes the following activities: 35 (1) More than two adjacent riparian landowners sharing in the use of a single dock. 36 (2) An association of riparian and/or nonriparian landowners within a subdivision adjacent 37 to the lake sharing a dock or dock system providing permanent boat slips for the members. 38 (3) In the RS zoning district only, a not-for-profit organization or association providing 39 transient boat slips for stakeholders or a property used for day use recreation or overnight 40 camping purposes. 41 Sec. 94-37. - License. 42 43 an annual license from the city. 44 (b) Any person or group of persons making application for a joint use license shall do so on 45 • -- • - . - . . . • -- . -• - . 46 by the council in order to act on such application. The fee for license applications shall be set 47 by ordinance. 48 - - -- _ - . .. -• - - - - _.. - _. - _ . .. • -49 as it may deem appropriate. No such hearing shall be mandatory, but wholly within the 50 51 cases of license revocation or denial. 52 Sec. 94-38. -Joint use standards. 53 Joint uses shall adhere to the following standards: 54 (1) Any association of riparian and/or nonriparian landowners within a subdivision adjacent 55 to the lake which initiates a new joint use shall adhere to Lake Minnetonka Conservation 56 District regulations, and no such use shall have more than one boat slip per 50 feet of 57 shoreline as measured by a straight line between the points at which the side lot lines meet 58 the ordinary high water line. Further, all such use shall adhere to the shoreland 59 management regulations of chapter 78, article IX. 60 (2) Any joint use in the RS zoning district by a not-for-profit organization or association 61 providing transient boat slips for stakeholders of a property used for day-use recreation 62 or overnight camping purposes shall be allowed only in conjunction with a valid 63 conditional use permit for such use issued by the council. 64 (3) No joint use shall be approved which necessitates provision of parking stalls or which 65 creates the need for parking on any street right-of-way. 66 67 _ - - -- ._ . . _ - - -- - - - -- • ' - - - 68 marina business license per the provisions of this Code. 69 ARTICLE III. - MARINAS 70• DIVISION 1. - GENERALLY 71• Sec. 94-71. - Definitions. 72 The following words, terms and phrases, when used in this article, shall have the meanings 73 ascribed to them in this section, except where the context clearly indicates a different meaning: 74 Boat slip, water, boat slip, land, boat slip, permanent, and boat slip, transient, shall have the 75 meanings given them in section 94-36. 76 Business of docking, mooring or storing boats means renting or otherwise providing space, 77 including boat buoys, for docking, mooring or storing one or more boats belonging to persons 78 other than the owner or occupant of the property, except when permitted licensed as a joint use. 79 Business use means engaging in either a marina business or the business of docking, 80 mooring or storing boats. 81 Marina business means engaging in one or more of the permitted, accessory or conditional 82 uses allowed within the B-2 zoning district. 83 (Ord. No. 117 2nd series, § 2(5.43(1)), 6-28-1993) 84 Cross reference— Definitions generally, § 1-2. 85. Sec. 94-72. -Zoning standards. 86 Businesses operating required to be licensed under this article shall be subject to the 87 requirements and performance standards of the B-2 zoning district. 88 (Ord. No. 117 2nd series, § 2(5.43(5)), 6-28-1993) 89. Sec. 94-73. - Designation of primary operator. 90 The primary business operator on the property shall be the liccnceholder and shall be 91 responsible for notifying the city of any and all businesses subleased on the premises. Such 92 secondary businesses shall •- -- -._ . - . -• . .. shall be allowed only when in 93 conformance with the provisions of the B-2 zoning district standards. 94 (Ord. No. 117 2nd series, § 2(5.43(5)(B)), 6-28-1993) 95. Sec. 94-74. -Operation standards. 96 Each business licensee shall adhere to the following minimum operation standards: 97 (1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, 98 eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. 99 (2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. 100 (3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as 101 necessary to accommodate normal fishing activity or private use of premises-stored boats. 102 (4) The site shall be kept neat and orderly, and free of garbage. 103 (5) On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic 104 entering and leaving the site. 105 (6) Parking and on-land storage of boats, trailers, materials and equipment shall be limited to 106 those locations shown on an approved site operation plan, - -• - -• - - - - 107 . .._ •- _ ._ - •- _ -_ . -• - -se • - _ . Such site operation plan shall also indicate 108 seasonally variable uses. 109 (7) Lights shall be shielded from the road, the lake and adjacent properties. • 110 111 Chapter 94,Article III, Division 2. 112 Marinas 113 DIVISION 2. LICENSB 114 Sec. 91 96. Required. • 115 - - - - .. .. .. - 116 obtained an annual license from the city. 117 Sec. 94 97. Application. 118 Any person or group of persons making license application for a business use shall do so on 119 •• - - •• - , . • 120 ' - . . . • . ,, ' . . -- . • -- - . .. • . . - 121 feselution7 122 Sec. 94 98. Hearing. 123 Upon filing of any application for a business use license,the council may call a hearing 124 . .. . • . ' - . • - -- . .. .. . . • . . - 125 - - -- . - - .. , - . . _ A. •- . . - . . . -- 126 applicant in cases of license revocation or denial. 127 Sec. 94 99. Insurance required. 128 Each business shall provide certification of liability insurance coverage for the duration of 129 the license period. 130 Sec. 94 100. Business use licenses limited to B 2 zone. 131 • 132 . - •- . •• ' , . - . - . . - . 133 district shall not be required to obtain a license. 134 Sec. 94 101. Revocation. 135 Failure to adhere to this article shall be cause for license suspension or revocation. 136 Secs. 94-102-94-135. - Reserved. 137 1,,_-_--- ' ( i Residential Docks, Structures, & Watercraft -i, - Lake Minnetonka Lake Minnetonka is a great natural resource. The Lake Minnetonka Conservation District (LMCD) manages lake use to preserve the Lake, promote safety, and enhance the experience of all Lake enthusiasts. A summary of the regulations regarding docks, structures and watercraft is provided as a guide for residents, realtors, and installers. Following these standards will minimize the impact to the lake and shoreline, while promoting positive neighbor relations. Please view the complete LMCD codes or contact the LMCD for information about unique situations. Permits/Licenses Annual permits/licenses are generally not required for single family residential Finding the Lines properties. However, there are some situations where a permit or license is 0 required as listed below: 929.4 Ft Ordinary High • License to store five or more watercraft, under certain circumstances allowed Water Line (OHW) by code. Examples include residential properties with or sharing 226 feet or The 929.4 OHW may be more of 929.4 OHW shoreline, homeowner associations, shared docks, etc. different from the shoreline • Permit for installation of permanent docks, installed using machine driven depending on the water level pilings. in the lake. When a site survey • Permit for dock extension during declared Low Water Conditions. is required, the 929.4 OHW • Nonconforming use permit for docks/moorings in existence since 05/03/1978. measurement should be specifically requested. This is Variances the basis of dock and storage requirements. The Lake water A variance from the code may be requested by a property owner if a practical level can be found at difficulty exists such as conflicting dock use areas or shallow water. Variances www.minnehahacreek.org. should be registered with the County property records since they are conditions on the property. In many situations, property owners work with each other to adjust side setbacks and avoid the need for variances. (LMCD code 1.07) Extended Side Property Lines Location (Authorized Dock Use Area) First, be sure you own or have Docks, structures, and watercraft must be located within an authorized Dock Use rights to the shoreline. When Area, determined by setbacks from the extended side property lines and length needed, a property survey will into the lake. The Dock Use Area Illustration provides an example of a typical dock indicate the side property use area. A neighboring property owner may allow the dock and watercraft to lines. If a survey is not encroach into the side setbacks. As indicated below, some uses are grandfathered available, property markers/ if the property/site has not been replated, subdivided, combined or otherwise stakes may exist and can be changed since a certain date. For unusual lots or shoreline, contact the LMCD to used to determine the side determine the Dock Use Area. property line. The extended side property line is when the Dock Length Side Setbacks side property line on land is Shoreline Feet ' Condition Feet extended into the lake. This is Equal to Dock length 0-50 ft 10 ft important in determining the Up to 100 ft required setbacks from shoreline Dock length 50-100 ft 15 ft q 40 to 60 ft andadjacent properties. In cases in existence on 60 ft in existenceen ftn 2oless; 7 5 ft where the property is curved in on 2/02/1970 02/05/1970 or unusual, the LMCD will help - Slip opens into adjacent Depth of slip; determine the extended side First reach to property (side opening) min. 20 ft 40 ft or less 4 ft water property lines. depth or 60 ft Canopy fabric exceeding 20 ft 30 inches vertically Page 1 of 2 (Version 1101017) Watercraft Types and Density •The number of watercraft (called restricted) that can be ii , Sr: tu : ' i Dock Use 1 tored at a property is based on the measurement of o ; F. he shoreline at the 929.4 OHW. This includes personal to r Area I watercraft, runabouts, cruisers, pontoons, fishing boats < f"' T i l and similar. The following watercraft (unrestricted) are -!. :"' c E :1 not included in watercraft density calculations if not Qto) j f stored on the water or lift: j o 1: LAKE • 16 ft or less in length without a motor - • ' 1 ., l { .- . • 16 ft or less with a motor 10 hp or less (manufacturer shoreline * ' specs and regardless if operational) 929.4 OHW r; IR • • 20 ft or less without a motor and propelled solely by :� •11 s, human power. Ex. Canoe, kayak Adjacent „l C SHOREL4ND a: Adjacent Property Q.: °1 I m Property Q►w • Watercraft Density Calculations l 1 The number of watercraft that can be stored at a Dock Use Area Ilustration-Not to Scale property site is determined as follows: 1) 1 per 50 ft of continuous shoreline regardless of Additional Resources ownership (1:50 ft Rule) • Land Use. Cities may have additional regulations 2) 2 if the site was in existence on 08/30/1978 for docks, land uses, structures, storage, rental regardless of ownership (more if allowed by the properties, business operations, and similar. 1:50 ft Rule) 3) Any property may have up to 4 if all the following • Shoreline Improvements & Dredging. Minnehaha conditions are met: Creek Watershed District regulates shoreline i) single family residence, legally subdivided stabilization, shoreland landscaping, wetlands, and and adjoined to shoreline property, dredging. www.minnehahacreek.org ii) exclusive dockage use by site's owner, • Aquatic Plant Management. MN Department iii) all restricted watercraft owned by and Natural Resources regulates and permits registered to persons living on site. mechanical or chemical aquatic plant management. 4) 5 or more by obtaining a license www.dnr.state.mn.us/apm �: • Master Water Stewards. Freshwater Society "i' Less than 30 certifies citizens equipped to help optimize your «. inches high I shoreline to improve the health of the water. www.freshwater.org Boat Lifts Boat lifts may be used as long as they fit within the More Information M,NNF authorized dock use area and meet any existing P. Toti,� variances. An overhead, fabric cover that is an integral LMCD •J 9 part of a boat lift is not a canopy if the vertical height of 5341 Maywood Rd, Ste 200 • the fabric cover does not exceed 30 inches. Mound, MN 55364 OO�SFR�ATION 09Sp0 952.745.0789 Imcd@Imcd.org Docks, Decks, and Platforms www.lmcd.org Docks, decks, and platforms may exceed 8 feet in Connect With Us In/LakeMinnetonkaConservationDistrict 'ength or width, but not both. Ex. 8 ft x 12 ft, but not 9 ft ©@LakeMtkaCD 12 ft. Docks moved between lakes or waterbodies must be dried out for 21 days to help prevent the spread This information is provided as a guide. For specific project of aquatic invasive species. Permits are required. Visit requirements, please refer to LMCD Code Ch.2.01, 2.02 and the MN DNR website for more information. other sections, available on the LMCD website. Page 2 of 2 (Version 11/01/2017) Joint Use Docks As of June 20, 2019 Big Island, Inc. (PID: 2211723420021) Dock on lot with house/structure Bohns Point Lane (PID:0811723440011) Dock on outlot 1 Forest Arms HOA(PID: 0711723120023 & PID:0711723120024) Dock on vacant Lots 1&2, Block 3—part of subdivision agreement. No structure, canoe rack,fire pit,two small gravel parking areas. Fox Hill HOA(PID: 1011723410002) Dock on Outlot 1 of Foxhill Addition Kelly Cove HOA(PID: 2011723120055) Dock on Outlot A—each townhome has its own PIN within the same property. (2501 Kelly Ave) Minnetonka Power Squadron (PID: 2211723140002) Dock on property. No principal structure—shelter,shed, restroom, shower Pheasant Lawn HOA(PID: 2111723230014) Dock on Lot 14 of Pheasant Lawn Addition Pirates Cove HOA(PID:0711723110010& PID:0711723110011) Dock located on easements between 850& 860 Windjammer Lane Tonkawa, Inc. (460, 500&550 Tonkawa Road) Dock on private property Victoria Estates HOA(PID:0611723420006) Dock on Outlot B Walter's Port(PID: 2111723230048) Dock on Outlot 3 ARTICLE III. - MARINAS DIVISION 1. - GENERALLY Sec. 94-71. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat slip, water, boat slip, land, boat slip, permanent, and boat slip, transient, shall have the meanings given them in section 94-36. Business of docking, mooring or storing boats means renting or otherwise providing space, including boat buoys, for docking, mooring or storing one or more boats belonging to persons other than the owner or occupant of the property, except when licensed as a joint use. Business use means engaging in either a marina business or the business of docking, mooring or storing boats. Marina business means engaging in one or more of the permitted, accessory or conditional uses allowed within the B-2 zoning district. (Ord. No. 117 2nd series, § 2(5.43(1)), 6-28-1993) Cross reference— Definitions generally, § 1-2. Sec. 94-72. -Zoning standards. Businesses required to be licensed under this article shall be subject to the requirements and performance standards of the B-2 zoning district. (Ord. No. 117 2nd series, § 2(5.43(5)), 6-28-1993) Cross reference— Zoning, ch. 78. Sec. 94-73. - Designation of primary operator. The primary business operator on the property shall be the licenseholder and shall be responsible for notifying the city of any and all businesses subleased on the premises. Such secondary businesses shall not be separately licensed but shall be allowed only when in conformance with the provisions of the B-2 zoning district standards. (Ord. No. 117 2nd series, § 2(5.43(5)(B)), 6-28-1993) Sec. 94-74. - Operation standards. Each business licensee shall adhere to the following minimum operation standards: (1) Parking facilities on the site shall be managed so as to eliminate traffic or parking congestion, eliminate illegal on-street parking, and avoid pedestrian traffic through neighboring property. (2) Boat engine testing and charging shall be limited to the hours 8:00 a.m. to 6:00 p.m. (3) Retail sales and service shall be limited to the hours 7:00 a.m. to 10:00 p.m. except as necessary to accommodate normal fishing activity or private use of premises-stored boats. (4) The site shall be kept neat and orderly, and free of garbage. (5) On-land storage of boats shall be managed so as to eliminate any view obstructions for traffic entering and leaving the site. (6) Parking and on-land storage of boats, trailers, materials and equipment shall be limited to those locations shown on an approved site operation plan, which plan shall be submitted or updated as part of the annual license application. Such site operation plan shall also indicate seasonally variable uses. (7) Lights shall be shielded from the road, the lake and adjacent properties. (Ord. No. 117 2nd series, § 2(5.43(5)(C)), 6-28-1993) Secs. 94-75-94-95. - Reserved. DIVISION 2. - LICENSE Sec. 94-96. - Required. It is unlawful for any persons to engage or participate in a business use without first having obtained an annual license from the city. (Ord. No. 117 2nd series, § 2(5.43(2)), 6-28-1993) Sec. 94-97. -Application. Any person or group of persons making license application for a business use shall do so on forms provided by the city and shall provide such information as may be deemed necessary by the council in order to act on such application. The fee for license application shall be set by resolution. (Ord. No. 117 2nd series, § 2(5.43(3)), 6-28-1993) Sec. 94-98. - Hearing. Upon filing of any application for a business use license, the council may call a hearing upon such notice as it may deem appropriate. No such hearing shall be mandatory but wholly within the discretion of the council, except that a hearing shall be held at the request of the applicant in cases of license revocation or denial. (Ord. No. 117 2nd series, § 2(5.43(4)), 6-28-1993) Sec. 94-99. - Insurance required. Each business shall provide certification of liability insurance coverage for the duration of the license period. (Ord. No. 117 2nd series, § 2(5.43(5)(A)), 6-28-1993) Sec. 94-100. - Business use licenses limited to B-2 zone. No business use shall be licensed in any zoning district other than B-2; except that when a business use is allowed by ordinance in another zoning district, such use conducted in that district shall not be required to obtain a license. (Ord. No. 117 2nd series, § 2(5.43(6)), 6-28-1993) Sec. 94-101. - Revocation. Failure to adhere to this article shall be cause for license suspension or revocation. (Ord. No. 117 2nd series, § 2(5.43(7)), 6-28-1993) Secs. 94-102-94-135. - Reserved. Sec. 78-668.- Parking requirements. Within the B-2 lakeshore business district,the off-street parking facilities shall be sufficient to eliminate any traffic or parking congestion likely to be caused by the business conducted.The parking areas need not be paved but shall be provided with appropriate stormwater runoff quality/quantity controls as may be required in this division.The minimum parking requirements shall be as follows: (1) Six parking spaces shall be provided for each ten boat slips on water or on land. (2) At least eight off-street parking spaces, plus one additional space for each 800 square feet of floor area over 1,000 feet, including warehousing, and all outside sales and storage areas related to the sales and service functions. (3) If the proposed use is to include the launching of boats owned by the public for the day from trailers(i.e., public boat launching,transient), ten additional auto-trailer parking spaces shall be provided for each ramp. (4) If the proposed use is to include a charter boat port of call, one additional parking space for each three seats of gross charter capacity shall be provided, or a plan for off-site parking and shuttle service shall be provided to the city subject to council approval. (5) The required parking spaces may not be separated by a public roadway from the dock, a storage space, mooring space, floor space or ramp they are designed to serve. (6) Required off-street parking space may not be utilized for open storage of goods or for the storage of boats; except that during the winter storage season each year, the required off- street parking may be used for winter storage of boats, provided that 20 percent of the required parking spaces remain as a functional parking area. During the transition seasons (April 15 to May 31 and September 16 to November 15), adequate parking shall be maintained on the site, sufficient to eliminate traffic or parking congestion; but in no case shall parking be reduced to less than 20 percent of the required spaces. (7) Parking may not be allowed in any required yard or landscaping area. (8) Employee parking spaces shall be in addition to the parking spaces required in subsections (1)—(7) of this section. The number of employee parking spaces shall be designated on an official parking plan to be kept on file with the city. (9) Where these minimum parking requirements prove to be inadequate for a given use, additional parking may be required in order to continue that use. (Code 1984, § 10.41(8); Ord. No. 132 2nd series, § 2, 1-23-1995) Sec. 78-669. -Yards. The minimum required yard areas for the B-2 district shall be landscaped and planted with evergreen and deciduous shrubs and trees in accordance with a detailed landscape plan. Storage of boats, vehicles, equipment and materials shall not be allowed within any required yard. (Code 1984, § 10.41(9); Ord. No. 132 2nd series, § 2, 1-23-1995) Sec. 78-670. - Landscaping areas. In addition to the landscaping required in the required yard areas for the B-2 district, the following landscaping areas shall be landscaped in accordance with the following provisions: (1) The minimum landscaping areas shall be as follows: a. The lakeshore landscaping area shall be an area that is parallel to the entire lakeshore adjacent to the licensed marina operation and equal to ten percent of the average lot depth, but in no case shall it be less than ten feet nor more than 75 feet. Breaks in the landscaping area for access to the lake shall not exceed an aggregate width of 30 feet for each marina operation. b. Side yard landscaping area shall be an area that is parallel to the side lot line and not within the lakeshore landscaping area or front yard landscaping area and shall not be less than ten feet deep. c. Front yard landscaping area shall be an area that is parallel to the street or opposite the lakeshore landscaping area and shall not be less than ten feet deep. Breaks in the landscaping area for access to the public road shall not exceed an aggregate width of 50 feet for each marina operation. (2) The detailed landscape plan for each landscaping area shall provide for a natural woods area containing primarily evergreen and deciduous trees not less than six feet in height. Shrubs not less than two feet in height shall be interdispersed among the trees so as to eventually provide, at maturity, a natural screen that will not be less than 50 percent opaque during the summer months. No uses shall be allowed in the landscaping area except the required landscaping and access roads. A privacy fence may be required in addition to the natural landscaping which has been planted to meet the requirements of this district.The use of any fencing shall not satisfy the requirements of providing natural landscaping and solid visual screening. Any yard area requiring landscaping to meet the requirements of this district shall be planted with nursery stock, balled and bagged trees and shrubs. All landscaping shall be maintained in a healthy growing condition. (3) All the required improvements in the landscaping will be completed prior to the date of issuance of an occupancy certificate or as otherwise provided by this division, whichever date occurs first. (4) All landscape areas shall be sufficiently delineated by berming, curbing or other acceptable physical barrier so as to eliminate the encroachment of vehicle parking, winter and summer boat storage, and other materials or equipment storage into the required landscape areas. (5) All ground cover in the required landscaping areas shall be natural living materials, such as grass or other planted ground cover. Decorative rock beds and the like,whether or not lined with plastic,fabric or other weed inhibitors, shall constitute no more than ten percent of the required landscape areas. (Code 1984, § 10.41(10); Ord. No. 132 2nd series, § 2, 1-23-1995) Sec. 78-671. -Additional performance standards. Within the B-2 lakeshore business district, any land use must meet the following performance standards: (1) Suitable sanitary facilities connected to public sanitary sewer shall be provided on the premises for men and women, and,further, suitable facilities shall be provided for the disposal of wastes accumulated in boats docked or serviced at the marina, including head pumpout facilities and a designated porta-potty dump station. (2) Insofar as practicable, all means of access to the operation from any street shall be so located and designed as to avoid the routing of vehicles from the property over streets that primarily serve abutting residential areas. All access roads from the operation to any public paved roadway shall be paved for a distance of at least 30 feet adjacent to the public roadway to minimize dust and noise conditions. All access roads from the operation to any unpaved public roadway shall be treated to minimize dust conditions at least to the extent the unpaved public roadway is dust controlled. (3) All lighting on the premises shall be shielded so that no direct glare can be seen from adjoining residences,from the lake or from the roadway. (4) The hours for running engines or operating any boat engine for the purpose of charging batteries, running auxiliary equipment or testing shall be between the hours of 8:00 a.m. and 6:00 p.m. Noise shall be limited per the provisions of this chapter. (5) The maximum hours of operation for retail sales and service functions shall be 7:00 a.m. to 10:00 p.m., except as necessary to support normal (nontournament)fishing activity or private (noncharter) use of the boats stored on the premises, unless other permission is specifically granted by the council. (6) Persons in charge shall at all times keep the docks, sea walls and premises in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. (7) Persons in charge shall prohibit the dumping or throwing of garbage, paper, bottles, cans, refuse or debris into waterway. Persons in charge of mooring areas shall provide garbage cans of sufficient size to hold garbage or refuse to be collected. Dumpsters shall be screened so as to not be visible off-site. (8) No commercial docks or boat buoys shall extend further into the waters of any lake than is reasonably necessary to accommodate the docking and mooring of such craft as shall customarily and lawfully be used on the lake or so as to interfere with, obstruct,tend to obstruct, or render dangerous for use or passage a body of water within the primary harbor limits of the city.The length of docks and the location of buoys shall be regulated by this Code. All such commercial docks and wharves shall be constructed and maintained of such materials and of such type of construction as will not render them unsafe or likely to endanger public enjoyment of the waters.The use of nonencased expanded-bead polystyrene foam as a dock flotation material has been prohibited in section 90-1. Commercial docks shall be maintained in a neat and orderly manner at all times. (9) If on-land boat storage facilities are provided, the boats shall be stored in such manner that they do not create a fire hazard.Any outside structures for the purpose of storage of boats may not exceed 15 feet in height. On-land boat storage areas may not be located in the required yards or landscaping areas.The premises shall at all times be maintained in a neat and orderly manner. (10) Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as may be required by the council, and as required in chapter 46, article II. Such tanks or containers shall be stored in such a manner and location so as not to create a danger to the community. (11) On-land boat density shall be as follows: a. Summer boat density.The number of boats stored on the premises for any and all reasons shall not exceed that number which can be safely stored in allowable locations while maintaining appropriate ingress, egress and emergency access to the site, as well as maintaining the required number of acceptable parking spaces. Boats shall not be stored in required auto parking spaces during the summer months (June 1 through September 15). b. Winter boat density/storage.The number of boats stored on the premises for any and all reasons during the winter season (November 16 through April 14)shall not exceed that number which can be safely stored in allowable locations while maintaining ingress, egress and emergency access to the site, as well as maintaining the required number of winter parking spaces. c. A site plan designating the location of summer and winter boat storage shall be submitted for council approval no later than three months after January 23, 1995, and shall require council approval for any future revisions. (Code 1984, § 10.41(11); Ord. No. 132 2nd series, § 2, 1-23-1995) Marina Name Address 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008* 2007* Brown's Bay,LLC 1444 Shoreline Drive No No No No No No No No No No Application application application application application application application application application application application received and sent. sent. sent. sent. sent. sent. sent. sent. sent. sent. fees paid. Not Photos presented to taken. Council. North Shore Marina East(fka Windward Marina) 1444 Shoreline Drive Wayzata Marina dba Minnetonka Marine 1449 Shoreline Drive No No No No No No No No No No Application application application application application application application application application application application received and sent. sent. sent. sent. sent. sent. sent. sent. sent. sent. fees paid. Not Photos presented to taken. Council. Sailors Word Marina&Boat Club 1955 Shoreline Drive No No No No No No No No No No Application application application application application application application application application application application received and sent. sent. sent. sent. sent. sent. sent. sent. sent. sent. fees paid. Not Photos presented to taken. Council. North Shore Marina 3222 North Shore Drive No No No No No No No No No No Application application application application application application application application application application application received and sent. sent. sent. sent. sent. sent. sent. sent. sent. sent. fees paid. Not Photos presented to taken. Council. Wayzata Marine 3324 North Shore Drive No No No No No No No No No No Application application application application application application application application application application application received and sent. sent. sent. sent. sent. sent. sent. sent. sent. sent. fees paid. Not 1 Photos presented to taken. Council. *mailed 2007&2008 applications on March 28,2008 2006 2005 2004 2003 Application Applications No Application received and received and fees applications received&fees fees paid. paid. License issued mailed out paid,no license for 2005,retroactive issued to January 1,2003. Application Applications No Application received and received and fees applications received&fees fees paid. paid. License issued mailed out paid,no license for 2005,retroactive issued to January 1,2003. Application Applications No Application received and received and fees applications received&fees fees paid. paid. License issued mailed out paid,no license for 2005,retroactive issued to January 1,2003. Applications No Application received and fees applications received&fees paid. License issued mailed out paid,no license for 2005,retroactive issued to January 1,2003. Application Applications No Application received and received and fees applications received&fees fees paid. paid. License issued mailed out paid,no license for 2005,retroactive issued to January 1,2003. Orono City Council Work Session Monday,August 26,2019 Council Chambers 5:00 p.m. PRESENT: Mayor Dennis Walsh, Council Members Richard F. Crosby II, and Matt Johnson. Representing staff were City Administrator Dustin Rief, Finance Director Ron Olson,Accountant Maggie Ung, Community Development Director Jeremy Barnhart, and City Clerk Anna Carlson. Guests: Richie Anderson Meeting Start Time: 5:00 p.m. 1. Budget Finance Director Ron Olson presented the budget. The biggest increase since we last visited the budget is the Fire Department and IT Services. The tax levy has not changed. Olson asked if the Council had any changes they would like seen. Walsh wants to make sure that we are updated on what we have coming in for revenue. Numbers will be posted from CitizenServe near the first week of each month. There was discussion about the revenue. Walsh noted that the City has been pretty conservative about raising the budget in the permits area, to make sure we don't fall short on budget. Olson presented the Enterprise budget which includes the Sewer, Water, Stormwater, and Recycling Budgets. He mentioned the City is currently doing a utility rate study. Olson stated that staff has been looking at various areas that the Council will have a chance to give input on. 2. Department Mission, Vision and Goals City Administrator Dustin Rief briefly discussed each department's mission,vision and goals. He added that in May 2019 the City Council adopted the City Vision, Mission and goals. Since staff has created their own Vision, Mission and Goals for their departments. Rief asked for input from the Council. City Council Member Matt Johnson asked how do you benchmark these goals, and measure your success with each department goal. He added that coming up with them is great but how will you measure your success. Johnson also noted that we need to measure internally as well as externally. City Council Member Richard F Crosby II recommended a feedback form for residents. Walsh recommended ways to gain feedback for other departments as well. He also added that keeping track of both the negative and positive is a good way to measure your success. Page 1 of 4 Orono City Council Work Session Monday,August 26,2019 Council Chambers 5:00 p.m. City Engineer/Director of Public Works Adam Edwards noted that it sounds like what Council may be looking for is after creating your Vision and Mission staff should create their metrics for the goals to track success. Rief mentioned that as part of our internal measurements we have been working on our performance review process and detailing those evaluations based on the City's Vision, Mission and goals as well. Rief mentioned that we may design a survey as use for external tracking. 3. City Owned Property Community Director Jeremy Barnhart presented a policy for guiding the Sale of City Property to the Council. This policy basically gives guidance and it establishes city owned property vs right-of-way property. If the Council accepts this policy, a formal adoption would be presented at a future council meeting. Johnson feels that the policy presented is much more than restrictive than he was expecting. He understands having a policy for staff when there is a need, but he was not in favor for having specific measures for it. Barnhart noted that staff has no authority to give City Property away. Walsh mentioned a verbal policy and would be more in favor of discussing these matters at the Council level instead of creating a specific policy. He would prefer it to be open ended. Walsh mentioned that we have to keep in mind that we are the first Council that actually is looking into these items. He pointed out that having the talk first at the Council level prior to investing staff time reviewing the options would be ideal. He added the City needs an internal procedure to deal with these inquiries. Johnson agreed noting staff shouldn't be spending a lot of time on these things and that he would prefer staff bringing it to the Council first to see if there would be support, and then having staff proceed following support of the Council. 4. Marina Licensing Barnhart mentioned he had met with the Marina Committee in regards to establishing Marina Licensing. Barnhart is looking for guidance from the Council about initiating the license standards with the City's Marinas. Barnhart mentioned if the Council is considering initiating the license than he would prefer to meet with each Marina to get a better sense of what they believe the current regulations are for each of their Marinas. He explained that by implementing a license the city can set the standards for the Marinas. Page 2 of 4 Orono City Council Work Session Monday,August 26,2019 Council Chambers 5:00 p.m. Johnson asked what information staff was looking to find from the Marina's. Johnson also asked if staff was worried that the City doesn't have good enough records for each of the Marina's. Barnhart stated the point to meeting with the Marina's is to review their current standards and begin the discussion with them. Barnhart mentioned some of the Marinas are considered non-conforming and were established prior to the Zoning Code. He would use the opportunity to get clarification of where they currently stand as well. Johnson referred to the code standards excerpt from the City Code and asked if they were the current standards for all Marinas. Barnhart noted that those are the current standards according to our code but that some of the Marina's existed before the code was adopted which makes them non-conforming. This means that they do not have to conform to the rule until they stop operating in the same manner. Essentially the city would have to prove that they are operating differently than they did prior to the adoption of the Code. Walsh mentioned he wasn't sure if a license will be enforceable if the Marinas are operating according to their CUP. Walsh would like to understand the licensing aspects better in that regard. Walsh added he would simply like staff to meet with and figure it out together with the Marinas. Barnhart mentioned if the City enforces a license and the Marina didn't comply,their license could potentially be revoked, but it doesn't necessarily mean that their business will be shut down. The license may present the opportunity to work together on our goals and standards for marinas. Crosby recommended that there should be a discussion about what was and what is to get it ironed out. He mentioned the City isn't trying to police marinas,they are trying to iron out the details and make sure the marinas are not negatively impacting surrounds properties and or areas. Richie discussed his concerns regarding a Marina License, he would prefer the have a working relationship with the City. Crosby noted that the purpose of the license is not to police the Marinas but would be to make sure that they are not negatively impacting the neighboring properties. Page3of4 Orono City Council Work Session Monday,August 26,2019 Council Chambers 5:00 p.m. Johnson mentioned he is not in favor of having the license and that the license penalizes the marinas that are not having any problems. Johnson added that it appears that we have everything we need to achieve what we want in the Code. Walsh noted that if we are a complaint based system,than we should reach out to the marinas, and let them know about it. Walsh added that staff should give them the information we currently have about your marina and let them know that you will be reaching out to them if there are any issues. Johnson mentioned that it doesn't sound like we need a marina license. Crosby and Walsh agreed. Meeting End Time: 6:40 p.m. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 4 of 4