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03-16-2020 Planning Commission Packet
PUBLIC ATTENDANCE MEETING DATE " 4)0 ❑ COUNCIL V PLANNING COMMISSION ❑ OTHER Assistive Listening Device available upon request. 41b o'#' p" ���# � :: 4 e���q��a.:� -io S y$"'t. �+•� '�'-; PRESENT FOR(from agenda) NAME (please print) ADDRESS NAME OR NUMBER 1. v\ n) k( ,F / D 9 \51.\ ‹ 2. \C \ 1 0 1- Lcvi\\ ... 3 3. -K. t � ( v �J` 7v� �no- `/ ' 4417 D� � K l��o �^-L �� l�r� 4. C% �r/eJ j J 77,c) Zgp.�cw�ecki fad` KtAll 5. ^�c(\.c- �`�� 7)Q LCv rp(-'/e0) 4/1/ 016. Ste( -7&� 7. Yijangri cLQ j 279 1)a/fr--res iP,r i L 8. ( lrn i '�� 9. l r ��✓r�� �IU` )j �Pr�-ra31 T J' 10. 11. 12. 13. 14. 15. V:\(LEGAL FORMS)\(FORMS)\PUBLIC ATTENDANCE.DOC 10`�'0 Agenda Planning Commission Meeting March 16,2020, 6:00 P.M. d� �`~ Orono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 r�xEsxo4`` 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: Matt Johnson Pledge of Allegiance Approval of Agenda New Business 1. Approval of Minutes February 18, 2020 2. LA20-000012 Source Land Development, 610,735, 750&780 Lakeview Parkway;4625 and 4685 St. Andrews Street; and 455 North Arm Drive, Lakeview of Orono Conservation Easement Vacation and Rededication (Staff: Melanie Curtis) 3. LA20-000007 Paul Vogstrom, 2709 Walters Port Lane,Variances (Staff: Melanie Curtis 4. LA20-000016 Paul Vogstrom, 2710 Pence Lane, Conditional Use Permit (Staff: Laura Oakden) 5. LA20-000011 City of Orono, Text Amendment related to Appeals (Staff: Jeremy Barnhart) 6. LA20-000014 Whitten Associates, Inc. 1700 Shoreline Drive, Sketch Plan (Staff: Jeremy Barnhart) 7. Update on March 9, 2020 Council meeting Adjourn Planning Commission Liaison to Monday, April 13, 2020 City Council meeting: Matt Gettman 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,February 18,2020 6:00 p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler,Commissioners Chris Bollis, Bob Erickson,Matt Gettman, Dennis Libby,and John Thiesse. Representing Staff were Community Development Director Jeremy Barnhart,City Planners Melanie Curtis and Laura Oakden. Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Gettman moved,Libby seconded,to approve the Agenda for the February 18,2020,Planning Commission meeting,noting that Item 2 needs to be moved to be considered before Item 6. VOTE: Ayes 6,Nays 0. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY 21, 2020 Libby moved,Gettman seconded,to approve the January 21,2020 Planning Commission Meeting Minutes. VOTE: Ayes 6,Nays 0. 2. LA20-000001 WEBER ARCHITECT& PLANNERS,2745 KELLEY PARKWAY, MASTER DEVELOPMENT PLAN This item was considered before Item 6. 3. LA20-000005 GORDON JAMES CONSTRUCTION,2665 CASCO POINT ROAD,AFTER- THE-FACT VARIANCES,6:02 P.M.—6:45 P.M. William Haack, Gordon James Construction,was present. Staff presented a summary of packet information. Mr. William Haack, Gordon James Construction, 5159 Main Street,Maple Plain, said the company built a new home for the client who had an old, rundown boathouse which the client wanted to bring up to the standards of the new home. The company was aware because of the variance earlier granted for the hardcover on the property of keeping it within the hardcover amount. They also were looking at the massing, not the volume, and did not consider the gable to be anything outside of the norm of just freshening up the building. They freshened it up and improved the esthetics. He requested the structure remain the way it was built. When looking at the hardcover calculations in the as-built relative to the boathouse and the rest of the land separate from the decking,the builders were under by 74 square feet of hardcover. The approximately 11-12 square feet of hardcover represented in the area around the sliding door has not negatively impacted the approved hardcover for the property. He said the deck is an extension of the dock. It was on the original survey that the original deck was to be removed but it was in consideration that it was a removable docking section and considered a dock rather than a deck. The homeowner built the metal frames and the building company put the dock sections on top of it. This spring they can remove the dock sections and set them aside. They are under the hardcover from the Page 1 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. original variance that was approved but would be over with the dock section if it is not considered dock. He stated both the homeowner and neighbor are present. Improving the esthetics,the neighbors would say, helped their area. Their experience in building on the point is these are favorable improvements along the shoreline. It's 12 square feet and a gable that doesn't increase hardcover. The intention was to compliment the house,and they feel they've done that. Chair Ressler opened the public hearing at 6:10 p.m. Karl Freienmuth,2659 Casco Point Road, said the renovations to the exterior of the boathouse don't have a big impact on anything except it makes it look a lot better. From the north you can see the boathouse behind it is a lot larger. There is also a lot of drainage that comes down from that lot to the south and he understands the need for a deck on the lake side because it will get pretty muddy. If there was a foul, it should have been brought up in the original variance. The hardcover is an issue,but the boathouse esthetics are a lot better than they were before. Chair Ressler closed the public hearing at 6:12 p.m. Thiesse asked if the window where the door used to be has the original header and whether it would be wide enough to accommodate the door again. Mr. Haack said the header is just enough for the window. The original door was a single-man door; it wasn't the width of the sliding door that was installed. Thiesse clarified whether it is still the original header from when the door was there. Mr. Haack indicated they put in a new header for the window. Libby asked if the claim is the new replacement deck is essentially a starter for the dock to go out from the land side,the first portion of a portable seasonal dock that would start the extension of the dock out into the lake for a dock and for the boat. Mr. Haack stated he does not know that terminology. Libby asked if the decking surface was essentially a pipe and bracket and tube replacement for what was previously there. Mr. Haack indicated there were dock sections there before. Libby asked if the replacement deck there now is essentially a like-kind: Pipes driven in the ground and brackets and deck top that sits on top, similar to the rest of the extension that would go out into the bay and water. Mr. Haack referenced a picture showing the original boathouse/dock and said the structure was metal posts. The homeowner had them replaced with other metal posts. Because of ice heaving from the lake, there had been a lot of shoreline creep back and bent/broken tubes. Page 2 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Libby noted the replacement decking is like-kind to what was there originally,which is galvanized piping and brackets with deck tops sitting down on them rather than plinth blocks and footings suspending a deck surface. Mr.Haack stated he was correct,they are dock materials. Libby said in dock terms,that would be considered to be the starter of a portable dock that goes out on the lake that needs to be removed because of seasonal heights. Ressler asked if the deck was affixed to the house in any way. Mr. Haack said it is floating, sitting on the rails, and not attached to the house. Gettman referenced the photo of the original deck and said other than the one post,he does not see any other posts and there are steps to the left of the post not attached to the post. Mr. Haack said the posts were low and all the way across. He thought there were posts around the steps that came down. He has a picture of when the sections were off showing just the original metal posts, although he did not have it with him. Gettman asked if there was a foundation or just posts. Mr. Haack said it was just posts. Curtis said Staff isn't looking at if it is like/in-kind construction. Rather, it's the hardcover and location. In Staffs opinion, if there is a like/in-kind replacement, it needs to be what was there from the hardcover standpoint and change in elevation of the deck. It functions as a deck so she is calling it a deck. Whether it is built out of concrete or metal posts is irrelevant because it is hardcover and it is not in-kind when you look at the elevation changes. Just like the building,there is a volume increase from grade of the surface. Mr. Haack referenced a photo and indicated the stone was brought down. He does not have an elevation to say whether it's up or down,but it's quite possible that the stone is slightly lower. Curtis said she can see that it is different. The hardcover that was there is something the owner can have because they had it before. The level of hardcover on the property today with the deck isn't allowed because it wasn't approved to be at the level with what the square footage of the deck accounts to. The builder says he's under if the decking is taken away, and she's suggesting if there's to be a deck transition from the door to the dock, it can be fitted into the remaining hardcover. The rest of it was not accounted for in the approval and it needs to be addressed at some level. Mr. Haack stated that could be removed. The posts were in place when the as-built survey was done. Curtis said the surveyor would not have surveyed dock posts,which is why Staff did not know they were there until the inspection. Starting from scratch, if there is a dock which needs to transition to the shore, Staff would consider whatever dock width that's allowed by the LMCD at the lake and it would not be counted against the hardcover, Staff would call that dock. She stated it is clearly a landing, a deck. If he wanted to call it a dock, it's larger than the minimum dock width allowed. Page 3 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Thiesse said he is struggling and is irritated with what happened. He cannot see leaving the deck there when the owner requested a variance for the rest of it and told the City they were going to remove it. He cannot tell them to take off their siding and make it look like it used to because it is an improvement to the neighborhood and there is no benefit for anybody other than to penalize them for doing something they should not have done. He does not know what the answer is. He does not consider the deck a dock starter. A dock starter is down at the water that you leave in the bank. He does not think he would vote to put it back to where it was but is struggling with what it should be. Ressler noted if it's not affixed to the house,there's an argument that it is a dock,not a deck. He asked if the City has any governing rules or regulations regarding the size of the dock. Curtis said it's landward of the 929.4' elevation,which means the ordinary high-water level of the lake. It becomes the City's jurisdiction; and they don't allow decks or large,wide docks on land. Thiesse noted typically you don't have a dock above the high-water level landward of it. Curtis added it doesn't matter if it's freestanding or affixed to the building. Gettman said he was trying to see whether it was reasonable to narrow the decking area to the dock width to bring it up to the door and then, in essence,have non-decking similar to what they had before. Bollis said he tends to agree with Staff. It is clearly not a dock because of the location and the width of it regardless of how it is built. Cosmetically, it looks much better than it did. He asked what the definition of"in-kind" is and whether it's the gable that is determining that. He would be okay with leaving the design of the building like it is but eliminating the deck structure. Erickson said looking at the facts brought him back to 1979,when he bought his first house on the lake in the City of Woodland. He relayed his experience when making changes to that house. In the existing dock regulations, a seasonal dock is defined, and part of the definition is if you can remove it without power tools or heavy equipment,which is the case in this situation. He has shared Thiese's concerns about people doing things that are different than what they said the first time,but in this case it's a small cosmetic improvement which is endorsed by the neighbors and also a justifiable argument for a seasonal dock use. He noticed in the application they have offered to pull it up when it's not in use,which also demonstrates its ability to do that. He referenced an area in a photo and indicated they may have used non-dock construction methods there but that the commission does not know for sure. It is clear the entire section that faces the lake uses dock construction. He is comfortable with calling it that, and he would support a variance to allow for that. Libby stated he would like to come up with a constructive remedy for something that is obviously a problem. He tends to agree with Staff,the variance should not be granted according to Section 78-123. There were missteps or misjudgments that were made by the contractor and property owner,and these situations could have been avoided if the original plan had not been amended and had been abided to. Ressler said he appreciates the clarification as far as how that structure gets viewed based on the water table and elevations. He is not a proponent of approving it as applied today. He noted the roof redesign was not higher than the preceding roof and is esthetically pleasing. The chimney exceeds the roof line. The decorative pillars in the entryway encroaches farther lakeward and he is not in support of that. They have denied less encroachments than this. The deck/dock was initially approved with it to be removed, Page 4 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. and that would have been a good time to have this discussion and deliberation to clarify things. In retrospect it makes it more difficult. If the structure that is more lakeward were to be removed and exceeding the previous roofline height as far as the actual building is concerned, he would be more supportive. If the footprint of the deck were to be reduced as is defined today,he could be agreeable. He looked at the LMCD standards for sunpads,which is the closest thing he could come up with if it was in the water elevations,and that is defined as 8 by 12, 96 square feet. A 25.4 width which is 3 3/4 -4 feet out,that may be something that would make it more agreeable. He is opposed to how it is applied today, but he would be in support if those things were being amended. Erickson stated he felt he and Ressler were on similar paths as far as some reduction in the deck area might make it work. Ressler noted his feedback is the deck area reduction as well as a not-encroaching structure lakeward and exceeding the previous roof line. The gable is not adding square footage and is not living quarters; it is more decorative and is not encroaching on any viewpoint from the previous structure. Thiesse asked if Ressler wanted the motion to deny and the feedback to be just the deck, or if the projection of the door and gable into the lakeward area should be removed also. The Commissioners and Staff discussed the location of the gable and whether it was encroaching. Ressler said the motion could include to not exceed roof line or structure and to not exceed any structure above the previous elevation and also a reduction in deck but allow some sort of use ability for that deck. Erickson asked if the Chair would consider a motion to grant the variances subject to the limitations. Ressler said Staff could help entertain that. Barnhart said Staff would prefer the Commission would make a recommendation based on the application. The comments made reflect the thought process which will be helpful to the City Council but the motion should reflect the application. Ressler asked Staff what the next steps would be, if the Commission were to deny the application with that feedback, for the applicant. Barnhart said the Commission is acting on the application they have been shown. The applicant could hear the commission's feedback in terms of concern with the chimney, concern with the gable that encroaches lakeward,the size of the deck or hardcover level. They could propose modifications to the City Council to see if they could gather some approval from that standpoint. Ressler said the cleaner,easier way no matter how it goes to the City Council is to deny it as applied with the feedback that's been given unless there's a different opinion. Erickson noted his feedback would not include any concern about any of the cosmetic improvements made to the structure. The stone added to the bottom,the gable,the chimney represent both structural and cosmetic improvements and he does not have any concern about granting variances for those items. He is ready to support the necessary variance to extend the dock out to the lake. Page 5 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Libby asked Staff if, as previously approved,the deck had been completely removed,as indicated in the plan,would it have met the hardcover and the setback so the Commission would not be dealing with a variance at this point. Curtis said the Commission would still be dealing with the boathouse expansion. Libby stated there would still be a third element they would have to deal with even if the dock/deck were removed. Curtis said if the deck had been eliminated,they would still be talking about the boathouse expansions. Ressler asked if there is anyone that does not agree that the Commission should keep structure no further lakeward. In other words,the Commission should keep structure where it was on the application. Thiesse indicated Erickson was willing to accept it where it is. Erickson said he is comfortable with the gables and the entryway decorative pillars. Barnhart indicated it was not necessary to consolidate the comments for the applicant and that the applicant can take or ignore anything stated. He indicated it would be appropriate to call for the vote and move forward. Ressler indicated it is helpful for the Commission to understand how people feel. Barnhart stated Staff would do that in their memo. Gettman moved,Bollis seconded,to recommend denial of Application No. LA20-000005 Gordon James Construction,2665 Casco Point Road,After-the-Fact Variances. VOTE: Ayes 5,Nays 1 (Erickson). 4. LA20-000007 REVISION LLC, 1030 TONKAWA ROAD, CONDITIONAL USE PERMIT,6:46 P.M.—6:54 P.M. John Daly,Applicant,was present. Staff presented a summary of packet information. Libby asked for clarification of the portion of the covenant that has to do with rental. Curtis stated that it is prohibited. Libby asked if rental would still be prohibited if there was a permitted license. Curtis stated that this was correct. Ressler asked if Community Developer Director Barnhart had any input. Page 6 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Barnhart stated that it is a two layered approach with the covenant that notifies the property owner as well as future property owners of the issue and then there is the City standard and City Code that will regulate it and noted that he believes the City has covered the bases. John Daly, Revision, 153 East Lake Street, Wayzata,stated that the property owners were unable to attend tonight due to previous vacation plans. He explained that the intent for this project started out additional storage and parking space since there is no on street parking on Tonkawa Road. The plans then moved to include a recreation space as well as a place for a home office. He noted that the property to the north has a very similar structure and was built about a year and a half ago. He stated that the plans also include reducing the hard cover on the property to bring it back into compliance. He stated that they are well aware of the covenants and the property owners are in agreement with them. Chair Ressler opened the public hearing at 6:50 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 6:50 p.m. Ressler noted that there are several homes in Orono that have a similar layout and structure and stated that he does not see anything egregious with the presented plans. Gettman asked if there was any information on how many carriage homes have started to be used in this area. Curtis stated that there are a lot throughout the City. She stated that many of them have been used for things such as a pool house or other office or recreational space. Gettman asked how many had been used as rented space. Curtis stated that she cannot speak to that, but knows that there have not been a lot of complaints. Barnhart stated that Staff does not know of any that have been converted into second dwellings. Ressler stated that he believes that some have been utilized as what is referred to as a Grandmother's Attic or a space used for older children to have a separate quarters or entertaining space. He stated that he does not see an epidemic of approving things for use as an Airbnb. Thiesse stated that his understanding is that the Commission is only discussing the shower and not the building. Gettman stated that he believes that adding the plumbing triggered the need for a CUP. Curtis clarified that it was adding a shower or a bathtub that triggered the CUP because plumbing is allowed. Libby stated that he agrees with Staffs assessment and believes this is a practical use matter and feels showers are useful. Page 7 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Erickson noted the Staff recommendations listed on page 3 of the packet were an excellent recommendation and were well drafted. He stated that this leads him to be totally comfortable with the application. Thiesse moved,Libby seconded,to recommend approval of Application No. LA20-000007 Revision LLC, 1030 Tonkawa Road,Conditional Use Permit. VOTE: Ayes 6,Nays 0. 5. LA20-000008 HANS FREES,505 WILLOW DRIVE SOUTH,WETLAND ALTERATION PERMIT,6:54 P.M.—7:42 P.M. Hans Frees,Applicant,was present. Staff presented a summary of packet information. Bollis asked if there is a current buffer on the wetland. Oakden asked that the applicant answer that question and noted that if there is it would have been established by the Minnehaha Creek Watershed District(MCWD)and not the City. She explained that when there is not an established buffer,the City defaults to a 25-foot setback. She stated that to her knowledge,the MCWD would require an established buffer. Thiesse stated that the e-mail received from Mr. Carlson seemed to imply that the Technical Evaluation Panel(TEP)change some things and asked if the Commission would see this again or if the Commission would simply vote to accept anything they say. Oakden stated that it is fairly common that the Commission and the Minnehaha Creek Watershed review run concurrently. She noted that the TEP has made some comments but it is still being evaluated and they are asking for a full meeting in order to create comments in time for the Minnehaha Creek Watershed Board meeting on March 27,2020. Thiesse asked what impacts this is causing. Oakden stated that hydrology and ecology of wetland reviews are conducted by the MCWD. Thiesse stated that he understands that but the Commission is supposed to be discussing mitigation to impacts,however he is not clear what the impacts are. Barnhart stated that any impacts that are observed, anticipated,or any that are shared by the public, are what need to be considered. Ressler stated that some of the feedback from homeowners has been surrounding a concern about what the actual impact and usage will be and whether it will be used for recreational purposes. He stated that whenever a body of water is created it turns into a lake and his understanding is that this application does not include any additional request for dockage. Oakden explained that this is correct and the scope of the application is to fall under the wildlife habitat exemption under the WCA so there is not a proposed dock or recreational type use included in the application. She stated that the applicant is present and can definitely speak to that question. Page 8 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Ressler asked for clarification that adding a dock or recreational area would be disrupting that wildlife habitat and that request would require a separate application and further deliberation by the Commission. Oakden confirmed that adding a dock to an open wetland would create an additional review through the City Council's public hearing process. She noted that she also believes that any damage to this wildlife habitat would be a violation of the WCA permit with MCWD as the regulating body in charge of enforcement. Thiesse stated that one thing that may not be covered as a disruption to the neighborhood would be a lighted skating rink. Ressler noted that is a good point, but accessing the rink would again be a disruption of the wetlands. Oakden agreed that any type of use that would damage the wildlife habitat would be a violation of the permit. Thiesse stated that during the winter,he is allowed to walk through any wetland that he would like. Oakden stated that the MCWD regulates the wildlife habitat,so if they hear there are concerns or perceive that there is damage it would be under their purview to regulate and protect it. She explained that this application is asking for that exemption. Ressler stated that he assumes this is something that has been dealt with before in this State and may be something for neighbors to bring up at the February 27,2020 MCWD Board meeting. He noted that this repurpose of habitat that is supported by the MCWD, currently meets the criteria and asked if the Commission simply follows the lead of the MCWD as the governing authority and allow them do the heavy lifting. Oakden stated that this is correct because the MCWD looks at the wetland and the proposed alterations and conducts a technical evaluation. She stated that they are still working through the evaluation but have indicated their support. Ressler stated that where the City's Code comes in above and beyond that is where there is fill added to create more buildable area. Oakden noted that this application was unique in that it doesn't pertain to changes to the boundary of a wetland which is what the City Code addresses for creating buildable space or changing boundaries. Thiesse asked if the City Engineer would take a look at the berm. Oakden agreed that the City Engineer would look at the berm and noted that they have provided some preliminary comments regarding the grading plan,but will also review the land alteration permit before and grading or berm work can happen. Hans Frees, Outdoor Escapes,2345 Daniel Street, explained that the property owners were unable to attend tonight's meeting because of President's Day weekend. He explained that the goal of this project is to get it back to its native state and make it friendly for the wildlife.He stated that the property owners Page 9 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. were former farm kids and bought this property to be able to enjoy the wildlife. He stated that to address the earlier comment about a skating rink,there is currently a pond shared with 3 neighboring lots. He stated that they do not have,nor do they plan to have, any skating activity on the pond. He explained that the property owners have several other properties that they utilize for water recreation and assured the Commission that fishing or other dockage is not their intent for this property. Bollis asked if there was currently a buffer on this wetland. Mr. Frees stated that he is not 100%sure and noted that they have had extensive discussions with MCWD and the DNR. He stated that they were asked to reach out to the Mosquito Control Agency who informed him that they are currently treating this wetland,will continue to treat it, and expressed their willingness to alter treatment, as needed. He stated that he believes there is a 25-foot buffer and noted that the proposed buffer is stricter and more governing that what is currently in place. Libby asked for clarification of his understanding that these are private property owners, on private property that are intending to do a fairly substantial alteration to the existing natural habitat for their own private enjoyment. Mr. Frees stated that this is correct and noted that it came to Outdoor Escapes as a two-phase project and included the property to the south that shares a berm with this property. Libby confirmed that this is not a capital improvement for neighborhood enjoyment and is strictly for private property. He stated that there is an existing natural habitat and is sure that the MCWD and the DNR will be very conscientious about this fact. He stated that he has a higher comfort level with this project because there are the other authoritative bodies that will be looking at this project beyond the City. Mr. Frees reiterated that it is their private property and the goal is to get more wildlife such as ducks and birds to the area. He stated that he was told that previously there was open water on the wetland and this project will help restore that feature. Erickson stated that he agrees that if this goes well it is likely to attract water fowl that is not currently there which would be a positive. He stated that he assumes the flood storage capacity will be increased through the dredging process which may help during heavy rainfall. He stated that he is also comfortable with this process. Chair Ressler opened the public hearing at 7:16 p.m. Maria Marks,2580 Fox Street,asked if the Commission had read all of the material in the packet pertaining to this application, including the ones from today. Libby stated that he had thoroughly reviewed them earlier as well as the additional information. Thiesse stated that he did not read Attachment A or the Aquatic Source Impact Summary. Barnhart stated that he has read all the material. Ms. Marks stated that she has concerns about this project and noted that the other neighboring properties also have concerns. She stated that since many of the Commission members have not read all the Page 10 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. materials, she suggested that she read aloud the letter expressing their concerns regarding the impacts of the potential change. She stated that this project deserves a lot of careful thought and noted that some of the agencies involved have shown a lack of coordination and have omitted some of the features that would be expected in a project of this magnitude. She asked that the Commission consider the vision, values and goals of Orono as they make their decision. She read aloud the letter sent to the Commission by the neighborhood. She noted that the neighborhood already has concerns about the use of the property,to date, including the addition of foot bridges in buffer areas without permission. She stated that she also does not think there is data that can show whether this plan is really viable and if the soils will percolate as expected. She stated that the surrounding neighbors feels as though there are too many questions that have not been thoroughly studied. She stated that they feel this project could set a precedent and is too important to rush through and are asking the Commission to consider the materials in the packet fully and completely. Ressler reminded the audience that public comments need to be limited to about a 5-minute maximum. Ressler stated that in the application there are a lot of comments and concerns that are very valid. He stated that he believes the footbridge has been addressed and noted that type of thing would be a concern for the City as well if it were to be added to the wetland. He stated that he disagrees with the implication that the DNR and the MCWD are not capable of adjudicating this application. He stated that the entire project is above and beyond the City's code and the City will lean heavily on the governing authorities to regulate this type of project. He recommends that the comments and concerns of Ms. Marks and the neighborhood be shared at the MCWD Board meeting on February 27,2020. Ms. Marks stated that she was not questioning the capability of the DNR but they are not a governing body and thinks generalized comments were taken as approval by the DNR. She stated that through Ben Carlson's comments,the Commission can see that the DNR is opposed to having been put into the role of seemingly giving their approval for this project. She stated that she is requesting that there be some science around the possible changing of this ecosystem. She stated that this is a cattail wetland and the neighborhood feels that there are already ample sources of other open water areas and asked the Commission to consider whether this is an appropriate use of the space. Ressler stated that this is a fluid project and at the end of the day, he believes it is the City's intent to follow the direction of the MCWD when their meeting occurs at the end of the month. He reiterated that he strongly recommends that Ms. Marks and other concerned neighbors attend that meeting and listen to people that can speak more intelligently about their concerns. Libby thanked Ms. Marks for her passion and concern about conservation and preservation. He stated that all the residents of Orono appreciate that and it is part of the mission statement for the City. He commended her for stepping up and speaking for something that she is so passionate about and noted that the Planning Commission is an advisory body to the City Council. He stated that he does disagree with some of Ms.Marks opinions,however, because for the last 30 years,he has had substantial opportunity to work with other governing bodies and has a great deal of trust in their wisdom,vision, and their empirical understanding of nature. He explained that the decisions are really outside the scope of the Commission's decision-making ability. Ms. Marks stated that this could have been a closed conversation with the MCWD if no public comment had been expressed. She stated that they feel that a number of the typical considerations have not been observed for this process,which she assumes is because it is a relatively rare circumstance. Page 11 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Libby noted that it may be rare in Orono, but the agencies being discussed are State level agencies and this type of thing is not as rare to them. Ms. Marks stated that she would also like to ask for the City to be transparent throughout this process. Chair Ressler closed the public hearing at 7:38 p.m. Ressler stated that he thinks the Commission has had a lot of good discussion on this application and shared his belief that a lot of the decisions will hinge upon the State governing bodies determinations. Gettman asked about the benefit of approving this subject to the decision made by the MCWD on February 27,2020 versus tabling or denying this application because there are issues that need to be addressed by experts that are not actually here. He stated that for all intents and purposes,this is out of the Planning Commission's lane. He explained that he struggles with pushing it through because there may be an implied recommendation for approval that may be considered by the other bodies. Ressler stated that he is not sure if the MCWD will weigh their decision based on the Commissions support or lack thereof. He stated that at the end of the day,the Commission will not be in support of this project, unless the MCWD is in support of it. Erickson stated that his recommendation is to follow the Staff recommendation on page 3 of the packet and read aloud the recommendation. He stated that the Staff recommendation has been well prepared and he is prepared to support it. Erickson moved,Hollis seconded,to recommend approval of Application No.LA20-000008 Hans Frees,505 Willow Drive South,Wetland Alteration Permit,subject to conditions listed on page 3 of the packet,as presented.VOTE: Ayes 5,Nays 1 (Gettman opposed). 2. LA20-000001 WEBER ARCHITECT& PLANNERS,2745 KELLEY PARKWAY, MASTER DEVELOPMENT PLAN,7:42 P.M.—8:01 P.M. Neil Weber,Applicant,was present. Staff presented a summary of packet information. Ressler stated that this is 56 units,but asked Barnhart to clarify his statements regarding the guest apartment. Barnhart stated that the final plan shows 2 guest apartments,one on the third floor and the other on the second floor. He noted that these units will not have kitchen facilities,just a bedroom and bathroom. Ressler asked if the plans then eliminated 2 of the previously planned units to keep the total at 56 units. Barnhart stated that they are not because the City does not consider the guest apartments units, similar to the guest unit CUP earlier today. Ressler confirmed that the City is asking them to keep it below 30 feet so they will be modifying the roofline. Page 12 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Barnhart stated that Staff is recommending this and has provided feedback to the applicant that the building should be kept below 30 feet. He noted that this information was included in Staff's comments so it will be incorporated into the motion. Libby asked if there were any changes made to the parking arrangements. Barnhart answered that the number of parking stalls remained the same but there were some minor modifications made to the layout. Libby asked for the total number of parking spots. Barnhart stated that the requirement is 2 spaces per unit. He stated that there are 73 parking spaces underground and 52 spaces above ground. He noted that there are some parking spots that are earmarked for the medical office space next door. Thiesse asked if the City still had the mansard roof requirements and if the peak is taken off the entrance whether that will become one. Barnhart stated that Staff is comfortable with the change they are making. Neil Weber, Weber Architects, Long Lake, explained that as they were making the plans,they found a spot on the third floor that would work for the guest apartment. He explained that there is a high demand for this type of accommodation especially at Christmas time. He noted that they are altering the landscape plan and explained the reason the entrance would be moving because of some of the requirements from the MCWD. He stated that they have been working with staff on these changes. Gettman asked why the plans went well above the 30-foot height requirement when 29 feet was the original planned height. Mr. Weber stated that when they moved from preliminary to final,they tweaked the design because they thought it looked better,but were willing to change their design based on feedback from Staff. Chair Ressler opened the public hearing at 7:57 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 7:57 p.m. Ressler stated that he feels the Commission should discuss that the application started with 56 units and is ending with 56 units,however they are adding 2 additional units as guest quarters. Barnhart stated that it is adding 1 unit because the original approval was for 56 units and l guest unit and this is asking for 56 units and 2 guest units. Thiesse stated that if the applicant came back and stated that they would be having one more two- bedroom unit and one less one-bedroom unit, he doesn't think the City could even have a comment on those plans. Page 13 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Ressler stated that is what he was thinking too but wanted to input of the Commission. Bollis stated that it is an accommodation for guests and will not be used full-time. He explained that his mother lives in a building similar to this and the guest units are used quite frequently and are quite convenient. Ressler confirmed that the guest spaces will not have kitchen facilities so it is similar to a hotel room. He stated that he thinks it is a nice touch for residents to be able to have these available. Bollis stated that he is fine with the plans as presented and noted that he would also be fine with the gable on the roof and feels it will look a bit silly without it,but understands that it doesn't meet code. Thiesse stated that on the other hand,the Commission is a recommending body and noted that the applicant could run the idea of keeping the gable by the Council for a final decision. Libby stated that he had just noticed something or he would have asked the question of staff earlier. He stated that he liked the original idea of there being an 8-foot bituminous trail and sees a comment where it says"not necessary"and asked what that means. Barnhart explained that the City has learned that the Wayzata Boulevard project will have a bituminous trail within the right-of-way, so it will not be necessary for this application to include the trail. He stated that Staff is recommending a connection to that trail from the parking lot. Gettman moved,Libby seconded,to recommend approval of Application No. LA20-000001 Weber Architect&Planners,2745 Kelley Parkway,Master Development Plan,per staff recommendations and conditions. VOTE: Ayes 6,Nays 0. 6. LA20-000003 JOHN NEWELL, 1485 6TH AVENUE NORTH, SKETCH PLAN,8:01 P.M.— 8:32 P.M. John Newell,Applicant,was present. Staff presented a summary of packet information. Ressler asked for clarification of the conservation design requirement and why the Commission would discuss a waiver in lieu of identifying substantial trees. Oakden stated that she believes it is relatively common on smaller plats like this where only 3 lots are created to identify substantial trees,which are over 6 inches in diameter rather than going through an entire conservation design process. Ressler ask if this is a cost savings as well as an efficiency. Oakden stated that was correct. Thiesse asked if the City had any regulations that will allow it to protect the trees once they are identified. Page 14 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Barnhart stated that what the City looks at with the conservation design requirement includes more than just the trees, such as slopes. He stated that while there isn't anything in the Code,he gave the example of a stand of significant oaks. He explained that the City could say to the developer that this is an important feature of the lot and should be protected, so the City may not approve a plan that shows a road cutting directly through that area. He gave another example of the conservation design identifying the mature oak in Basswood Forest. He explained that the conservation design is used to help guide the developer in areas that the City is trying to protect from a character standpoint. Ressler asked if the City had reviewed the proposed well and septic plans. Oakden stated that she thinks the applicant has just recently coordinated their septic testing, so she does not think the City has reviewed this yet. She noted that the applicant has received feedback that they have viable septic sites. Barnhart stated that the City is not looking for a final report at this stage, until the City has determined the layout is acceptable,but to just know that there are viable sites. He gave an overview of how the sketch plan process works in this situation. Thiesse asked if there was sanitary sewer in this area around Highway 6. Oakden stated that there isn't and would connect over on Brown so the applicant would have to explore through private lots in order to connect. Erickson asked if that may be feasible for the southernmost location. Oakden stated that she believes the City Engineer has provided comments for the applicant to look into this possibility. Erickson stated that he has own homes that had septic and others than had sanitary sewer. He stated that personally,he recommends that if you are in MUSA that it be used, if it can be used. Ressler asked what the alternative to the cul-de-sac would look like. Oakden stated that there is no alternative. She explained that the applicant is proposing the cul-de-sac option and hoping for Commission feedback. She stated that if the Commission did not support this layout it would be up to the applicant to come up with an alternative. Libby stated that he understands that this the sketch plan phase, but noticed that two of the lots has visible evidence of new driveway turn arounds. He questioned whether, in new construction,there is a current requirement that the driveway have the ability to have a turn around to go back out again for an emergency vehicle. Oakden stated that there is not necessarily a requirement but noted that the City does require there to be turn around avenues on tighter lots. Curtis noted that it was not for emergency vehicle turn around, but rather that these homes could front out on a busy road. Page 15 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. John Newell, 1485 County Road 6, stated that he has been involved with this property since he was 21 years old and knew the previous owners. He explained that he cut the driveway into this house as well. He stated that he now owns the house and the property. He stated that he had spoken with Staff quite a few times before he put pen to paper to try and get as much information as possible, however some things have transpired since they put pen to paper. He stated that one of the neighbors that adjoins the property have expressed interest in purchasing Lot 3 and not developing it. He stated that if that happens,then they probably wouldn't need to bring in a cul-de-sac. He stated that ideally, he would keep this area rural if at all possible. He stated that they are planning to release the wetlands to the DNR. He explained that they have not received a written offer, but if Lot 3 is sold,the property will stay exactly as it is. Libby asked if Mr.Newell had any interest in using the existing infrastructure with the sewer connections rather than going with private septic and well systems. Mr.Newell stated that his understanding was that there was no connection possible because of the private properties and the creek. He noted that he didn't believe there is a lot of significant material on the lower 2 lots and explained that most recently it was mostly buckthorn. He stated that the previous owners hayed this property. He stated that were the original house is there are maples,basswoods, and oaks and this would not be affected by Lot 1 and Lot 3. He reiterated that he does not see a way to connect to the sanitary sewer system in a way that would be approved by the DNR. Ressler stated that he thinks the layout is sensible and noted that one thing the City looks for is the width of the roads and ensure that the cul-de-sacs are adequate in order to easily provide turn around for emergency and other vehicles. He stated that as Commissioner Libby noted,it is nice to see the turn arounds included in the individual properties which he feels is a nice touch. Mr.Newell explained that was just him putting lead to mylar. He stated that there are no actual proposals for the housing,he just wanted the Commission to be able to see where they might go on the site. Erickson stated that he is in favor of allowing the flexibility for the three homes to use the cul-de-sac as outlined in the staff report. He stated that is also comfortable with the allowing flexibility in identifying the front lot for Lot 3 along the Outlot A. He noted that he would also support a waiver of the conservation design requirement in lieu of identifying substantial trees. He stated that if there is a way for the southernmost lot to be able to hook up to sanitary sewer,he would encourage that because it would help avoid the problem of crossing the creek. Mr.Newell reiterated that he does not see how he can get a City sewer line hooked up without creating some major problems with his neighbors. Thiesse stated that he believes Commissioner Erickson was referring to a low-pressure line which has nothing more than a 2-or 3-inch diameter line and could probably be trenched in. He suggested if that is considered,he gets easements for Lots 1 and 3 because someday they will need to get there too. Libby explained that there is a precision guided laser boring installation protocol that has been shown to be extremely accurate. Barnhart suggested that the Commission move on from discussion regarding the sewer design in order to discuss other comments. Page 16 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Ressler stated that the Commission discussion are the items that Commissioner Erickson outlined from the staff report. He stated that he would also support of all three issues for consideration from the staff report. Bollis stated that he likes the overall layout and feels it makes sense to him. He stated that conservation design is the only thing that he would object to not going through. Thiesse asked if he would support doing conservation only on the front two lots. Bollis agreed that would make sense. Thiesse stated that Mr.Newell is improving the first part of the driveway and asked if the City had any jurisdiction on him changing the existing driveway since it is already there. Barnhart stated that it is already there, but generally, what the City tries to do with subdivisions is improve existing conditions and non-conformities,so they do look to make these types of improvements. Thiesse stated that the City are sticklers for this type of thing and encouraged Mr.Newell to be prepared to defend his decision. Mr.Newell stated that he is a landscape architect from Lake Tahoe so he has experience with watersheds and collection. He explained the reasons for the cul-de-sac placement to allow for a silt pond. Thiesse stated that he understands,but reiterated that it doesn't meet the City standards so he will need to be ready to defend it when the time comes. Ressler noted that this discussion may be moot if Lot 3 ends up being sold,but hoped that the feedback from the Commission was helpful to Mr.Newell. Mr.Newell stated that the discussion was very helpful to him. 7. LA19-000102 KEVIN CLARK, SAMBATEK, 135 ORONO ORCHARD ROAD NORTH, SKETCH PLAN,8:32 P.M.—9:18 P.M. Kevin Clark,Applicant,was present. Staff presented a summary of packet information. Bollis asked for details of the lot width for Lot 2. Barnhart stated that it is measured at the building setback line. Bollis asked if the City encountered this type of thing frequently with pie shaped or cul-de-sac lots. Barnhart stated that is true and the City has approved some subdivisions that have reduced width because of the nature of the cul-de-sac. He stated that he is not too alarmed by it,but wanted to call it to the Commission's attention. Page 17 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Ressler stated that he is relieved to know that there is no filling or excavation of wetlands on this application. Libby noted that Barnhart had mentioned an easement for City sewer but noted that there is also mention of site locations for subsurface septic treatment. He stated that to him it would make more sense to utilize City sewer and negate the idea of subsurface sewer. Barnhart stated that the applicant will appreciate that type of comment. He stated that this was a pretty substantial issue when this was discussed in 2016. He stated that based on the City's goal for where the boundary is for the MUSA system,they did not want to expand it into this property. Thiesse asked if the existing easement was being used. Barnhart stated that he believes so because right across the street is a lift station. John Quinlivan,Gordon James, 5159 Main Street,Maple Plain, stated that the YMCA no longer owns this property. He explained that they purchased the property in December of 2019. He noted that he did not think the sanitary sewer easement has anything in it. Barnhart explained that the City can do some research,but the survey indicates an easement in place. Mr. Quinlivan stated that he is hard pressed to see why they would push septic for this site when there is literally water and sewer in the roadway. He stated that the cost will be the same, but noted that it doesn't pass the smell test for environmental purposes. He stated that they tried to keep the integrity of the area and kept the road in the same place as the existing road. He stated that Lot 5 has a house on it which may be left in place. Ressler reviewed the items the Commission was asked to consider. He stated that his initial thoughts are that Lot 3 is tough. Mr. Quinlivan stated that if there is a sewer easement that will never be used, he asked how the City would propose to remove it. Barnhart stated that he believes the sanitary sewer easement is not for Mr. Quinlivan's property but for other properties and just goes through this property. Mr. Quinlivan questioned whether that meant that if it is there it would run through the property but that would also mean that they could not use it.He asked if it wasn't there whether it would stay in order for someone in the future to run sanitary sewer through the property. Barnhart stated that he does not know the founding principals of that exact easement but he believes it is in use and that it serves other areas. He explained that Mr. Quinlivan's property is not in the MUSA area so it is not eligible to be connected to sanitary sewer. Mr. Quinlivan asked if the easement didn't feed future properties and there wasn't anything in there what the proper protocol would be to remove easements. Barnhart explained that there is a process to vacate easements. Page 18 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Thiesse asked if it would be possible, if there is nothing in the easement,to rearrange it so it is in his road. Barnhart stated that may be possible. Thiesse suggested that he may also be able to do something different with Lot 3 so there is a more developable lot. Barnhart stated that the City did something similar with Brackens Point road a few years ago. Libby stated that Barnhart has mentioned the Council several times when talking about MUSA and asked for clarification from him on which Council he was referring to and whether he meant the City Council or the Met Council. Barnhart stated that the City Council established the land use map which includes the boundaries for the MUSA. He stated that the Met Council established minimum density for the sewered areas which for the City has to be an average of 3 units per acre. He stated that there are a lot of large lots along the lake and in the 60s and 70s it was decided that the City wanted to serve those with sanitary sewer in order to assist with water quality goals. He stated that the density goals are way off, so the City took a look at other areas of the City where there can be higher density growth to get the average closer to 4 units per acre. If this development was added,that would mean that the density would be lowered in the City and they would have to find more density someplace else which is why the City Council determined it was best to keep this area out of the MUSA system. Libby asked if the applicant could appeal to the Council in a circumstance like this because there is sewer reasonably close. He stated that he is asking for informational purposes on behalf of the applicant. Barnhart stated that the applicant can definitely try an appeal in this circumstance. Mr. Quinlivan stated that they have been down that road a bit and noted that they had proposed more lots in the area to help with the density, but they did not want it to be part of MUSA. He expressed his surprise that there isn't a way to exempt this piece of property from the density requirements since it seems to make so much sense to hook it up with the system because it is so close. Ressler asked if the Commission had any feedback regarding the general lot layout. Libby stated that he lives in a neighborhood that looks very similar to this with a dead-end cul-de-sac that is served with a mix of City sewer and private systems. He stated that he is very comfortable with the layout. He stated that he can't seem to let go of that fact that the applicant will have to make some significant ground surface sacrifices in order to have a second septic site. Erickson stated that he has no concern about the layout. Ressler stated that he feels Barnhart covered the concerns about the road intersection fairly well,but,in his opinion,he doesn't think there is a better way to get it over there. Bollis asked if they would adjust the tiny piece on Lot 1 to make it an Outlot so a variance for width wouldn't be needed for Lot 1. Page 19 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Ressler stated that is a very good idea. Thiesse stated that it may also require tweaking the lot line between Lots 1 and 2. Ressler asked for Commission feedback regarding the buildable area for Lot 3. He stated that they have already touched on this point and believes it is worth doing a cost-benefit analysis on the possibility of relocating or vacating the sanitary sewer easement. He stated that as it is presented,he doesn't see a better way for it to put it. Erickson stated that he had no concerns. Ressler stated that the next point is whether the Commission has concerns with the lot width. He stated that he does not have any concerns and thinks they are all good-sized lots and are best used with what is available. The Commission had no concerns about lot width. Ressler stated that he is always for ways to hook up with City water and sewer for environmental reasons, so if there is a way to do that,he thinks it would be great. He asked if the Commission had any other useful feedback for the applicant. There was no additional feedback for the applicant. Commissioner Gettman left the meeting at 9:01 p.m. Chair Ressler recessed the meeting at 9:01 p.m. The meeting was reconvened at 9:06. Chair Ressler noted that there is a member of the audience that would like a chance to offer public comment on the previous agenda item. Jaime Lowe, 105 Orono Orchard Road, stated that his home is adjacent to Lot 1. He stated that they have heard nothing about this project so they have significant concerns. He stated that Mr. Quinlivan built the carriage house on their lot and appears to have discovered the opportunity to develop this area of the City. He stated that he appreciates the recommendation from the Commission that Mr. Quinlivan pursue sanitary sewer and water rather than septic because that has been an ongoing long conversation in this area. He stated that they went through a major remodel of their home and construction of the carriage house and even though the City sewer is directly across the street,they were denied that permit. He stated that the boundary is an odd shaped lot so Lot 1 would significantly impact them. He stated that when they bought the property,they knew the land had been gifted to the YMCA and would eventually be developed over a period of time. He stated that they had no problem with that and they did ask that there be intense cooperation with the builder and the local neighbors. He stated that he hopes that there would be a spirit of how the boundaries are formed,proper tree planting,and noise mitigation during construction. He reiterated that this project will have a significant impact on his property. He asked the Commission to do what they can to ensure that the builder is a good partner, cooperative,thoughtful and remember that it is their home and that they have invested a significant amount of money in it to enhance its livability and the City of Orono. Page 20 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Ressler assured Mr. Lowe that the Commission appreciated his comments. He stated that if this becomes a formal application,Mr.Lowe will be notified and encouraged him to show up and speak to the items that he has concerns about. He stated that at the sketch plan level, Mr. Quinlivan is simply seeking feedback from the City regarding things like what is buildable and what isn't as well as potential building placement. He stated that the Commission has done the best they can to give that feedback and encouraged Mr. Lowe to come back to future meetings and provide his input. Mr. Lowe asked what the next steps will be in this process. Barnhart explained that this is the first of a three-step process. He stated that if the applicant chooses to move forward after hearing feedback regarding the sketch plan,they will move forward with a preliminary plat which will include all construction,grading and landscaping plans. He stated that there is a public hearing process at both the Commission and the City Council level. He stated that if the Council approves the preliminary plat,the applicant will come back with a final plat which will fine tune all the drawings,grading and utility information and will also have preliminary review by the County at this point as well. He reminded Mr. Lowe that the public hearing process will take place during the preliminary hearing and noted that he could bring forward concerns about construction noise at that time. Thiesse explained that the Commission looks for compliance and can look at things like noise and setbacks. He stated that the Commission cannot ask for much beyond compliance. He stated that a question Mr. Lowe could bring forward during the public hearing process was whether Mr. Quinlivan did a good job on their carriage house. Mr. Lowe asked about the proposed timeline for the preliminary plat presentation. Barnhart stated that he does not know. He noted that if Mr. Quinlivan applied in April that would mean a review by May or June. He stated that typically the time period from sketch plan to preliminary plat is several months because there is quite a bit of detail needed for the next phase. He stated that usually once the preliminary plat is approved it is also typically another few months before the final plat is presented. Ressler suggested that Mr.Lowe stick around for more of the meeting because#9 on the agenda talks about grading and land alterations. Thiesse asked how much notice Mr. Lowe would receive for the preliminary plat review. Barnhart stated that the City will send out a postcard between 10 and 20 days before the hearing date to all property owners within 500 feet of the application. He noted that the notification goes to the property owner so someone who rents a home would not receive anything. Ressler noted that Mr. Lowe does not have to physically be present in order to provide comments and noted that,for example,he can provide an e-mail that will be put on record commenting on the application. Barnhart encouraged all residents to subscribe to the public hearing notices option that can go directly to e-mail rather than just their mail box. Libby stated that he understands how frustrating this process can be because a short time ago he recused himself from discussion about an infill construction project. He stated that he could not take part in the Page 21 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. voting or discussion, but stood at the podium and offered his input from a resident perspective. He stated that he found that the relationship with the builder was a key element in how well the project went. He stated that the City records are all transparent and are considered public record and residents are welcome to come in and review the documents. He encouraged Mr. Lowe to try to find some common ground with the builder because that will be key to whether this project goes well or not. He noted that the Commission and City Council really won't be able to do anything outside of the things already outlined by Commissioner Thiesse. Mr.Lowe thanked Commissioner Libby for his comments. He stated that he wanted to recognize and thank Mr.Barnhart for his outstanding service and work as a liaison on this matter and thanked the Commission for their time and attention. 8. LA20-000009,DON GAMBLE,2480 CARMAN STREET,SKETCH PLAN,9:18 P.M.—9:53 P.M. Don Gamble,Property Owner, was present. Staff presented a summary of packet information. Ressler asked when the last time the City was able to do a subdivision with an inferior lot size requirement. Barnhart stated that he cannot remember one especially along the lake. He stated that he believes there may be one on Leaf Street but does not think the Council has done one in the 5 years he has been with the City. Ressler asked about the total combined lot size for these two lots. Barnhart stated that the size would be a little over 3 acres and on the surface, it looks like there should be able to be 4 lots however,the inlet is at a bad spot. Thiesse stated that would just mean the north lots would not have lakeshore access. Ressler stated that is the point he was trying to get at. Barnhart stated the land areas are not contiguous,which raises some challenges. Libby stated that he has a fairly long history and knowledge of this property. He noted that there was a historic fire station where the townhomes are now located. He stated that he and his wife looked at this lagoon as an attractive alternative to being located on the main part of the lake. He stated that for a very long time,these parcels,because they are intersected by the access to the lake and the lagoon is that they have been historically perceived as 3 separate entire parcels. He stated that because there is a body in between the two free standing lots separated from the front lake shore lots,he believes there is a logic that cannot be denied about how these things have been geographically laid out by Mother Nature. He noted that this is a sketch plan and discussion of the feasibility of what the applicant is trying to do. He reiterated that this has historically been portrayed as 2 different parcels including the larger rectangular and the one on the south side of the lagoon that abuts Lake Minnetonka. Page 22 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Ressler stated that he believes that deliberation can happen with the applicant. Don Gamble, 10704 Water Lily Lane,Woodbury,gave a brief description of his history in the City. He noted that he sold property that was discussed earlier tonight at 505 Willow and noted that he graduated from the high school across the street and helped build the first condominiums in downtown Wayzata in the 1970s. He stated that he has been working with the separate land owners for a while trying to find the highest and best use. He explained that they found that separating through the water the north lots become non-conforming even though they are bigger than everything around them. He stated that he had suggested bringing in more dirt in order to create larger lots and was told that probably wouldn't work. He stated that other than that there is no way the lots can be anything other than what they have been forever. He stated that the City of Navarre has identified the north portions of the lots and have included them in their 2040 plan as separate lots in their urban plan. He agreed with Commissioner Libby's input that historically this has been looked at as separate lots with separate zoning. He stated that he does not understand how it happened if the intent was not for it to be separate. He noted that there is curb cut access to the north but you cannot get there from the south houses other than by using Shoreline Drive. He asked if he was correct in thinking that the County wanted wider easement. Barnhart stated that he believes the County wants additional right-of-way. Mr. Gamble stated that there is no point in looking at flood plains or other details if they cannot subdivide the south homes as they exist. He noted that representatives of the different land owners are also present tonight if the Commission has questions. Ressler stated that he recognizes this property because when the Commission was looking at the Comprehensive Plan,he remembers discussion of whether something different could be done with this property. He stated that he wonders if it is zoned separately because the structure to the south preceded the changing of how this was guided. He stated that he has never seen one lot that has two guided uses. Barnhart stated that it does not happen very often and does not always line up with property lines as is the case here. He stated that in terms of the Navarre area and connecting it to the lake,the consultant planners saw that there was vacant property and lake frontage so they felt it was a great idea. He stated that when it was rolled out to the public,the consultant planners learned that it was not quite the great spot that they had imagined. He explained that this is why is shows up in their Comprehensive Plan and noted that connection to the lake was studied,but the Navarre plan ended up going in a different direction. Thiesse asked if it could be construed that the City was expecting this to be separated since it was guided in 2 different directions. Barnhart stated that he thinks that assessment would be a stretch. Curtis stated that she thinks the zoning was based on distance from the street. Barnhart agreed that was possible and noted that he was not part of the discussion of where that line was drawn. Bollis asked if the property was zoned differently or just guided differently. Barnhart stated that it is zoned differently. Page 23 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Libby stated that the reason he shared his historical perspectives earlier is because of the comments that the northerly lots did not have lakeshore access. He stated that it is actually quite the contrary, because if you actually go into the lagoon, with a watercraft,and look at the way the docks are situated,there is not a depravation of lake shore access to those northerly lots. Thiesse stated that he cannot get behind separating lots to create substandard lots. He stated that the Commission could spend all day talking about it because it is a great idea,but it is creating substandard lots. He stated that he feels the Council will probably say no to this plan. Libby stated that the 2 front lots are owned by different parties and if they were combined then the front lot would be conforming so there could be 3 lots. Mr. Gamble stated that he sees Commissioner Thiesse's point that it becomes nonconforming by drawing a line through the pond and yet they are more conforming than any of the neighbors. Thiesse stated that he is not arguing that point,but it is not just up to him or the Commission. Mr. Gamble stated that he cannot see another way to make this more conforming. He is asking for guidance from the Commission on what he can do. Bollis stated that his only suggestion is to try to combine the 2 southern pieces. Libby asked if these lots were seasonally wet. Mr. Gamble stated that there was a type of soil that was identified as having sat under water at some point. He stated that he spoke with the County who put in a culvert that changed the drainage of the property in the area. He stated that the County told them that it is not their water after it comes out of the pipe. Ressler stated that the biggest thing the Commission has regarding feedback is that variances exist for mitigating reasons. He stated that he wants Mr. Gamble to know that his points have been heard. He stated that he cannot discourage Mr. Gamble from applying,but historically speaking this type of thing has been opposed and denied. He stated that this will ultimately be at the discretion of the Council. Erickson stated that he and Commissioner Thiesse have come to the exact same conclusion for exact opposite reasons. He stated that he is not concerned about the 2 homes to the south continuing to be 2 homes to the south. He stated that he is very concerned about the traffic levels on County Road 15 and creating another access there and agrees with the County transportation department's statement regarding access. He stated that he thinks the problem with access is why this land has been for sale for so many years and nobody bought it because people most likely do not want to build a new home on a road that has 20,000 cars a day driving by. He stated that even if Mr. Gamble could get this approved,he thinks it would be a property that would be forever discounted and does not feel this is suitable for privately owned single-family home. He stated that he sees this being more suitable for a multi-family rental or small office building use but would still need a way to deal with the access issues. Libby stated that the Hennepin County plan for Shoreline Drive and the intersection at 19 and 15,will have the right-of-way changed significantly as well as the construction and reorientation of the Page 24 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. intersection will dramatically change the traffic flow. He stated that might be useful information for planning for this lot in the long run. Barnhart asked if there were any new comments from the Commission. Mr. Gamble stated that he has heard lots of ideas for addressing the north side of the lot but cannot subdivide the south lots because they will become non-conforming. He stated that has been the minor part of the conversation and he would like that to become the primary part of the conversation because if they cannot cut the line there then the rest of it doesn't matter. Ressler stated that he agrees that the rest of the discussion doesn't matter if that line cannot be cut. Barnhart stated that Mr. Gamble has received feedback from the Commission and thinks it is appropriate to hear feedback from the Council and then see about moving forward to the next option. Mr. Gamble asked when this would come before the Council. Barnhart answered that the Council will discuss this on March 9,2020. 9.LA19-000091 CITY OF ORONO,TEXT AMENDMENT RELATED TO GRADING AND LAND ALTERATIONS,INCLUDING SLOPE FAILURES,9:53 P.M.—10:21 P.M. Staff presented a summary of packet information. Libby asked if this was specifically referring to the lake shore envelope 75 feet from the ordinary high water. Barnhart stated that this is referring to all grading and land alteration in the City. Thiesse stated that now that he understands it,he would like to put back in the number of inches of trees for a tree that is removed for convenience. Chair Ressler opened the public hearing at 9:56 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 9:56 p.m. Ressler asked Commissioner Thiesse to reiterate his feedback. Thiesse stated that now that he understands the inches of trees,he would like to see that information put back in. Ressler stated that on the tree side of things,replacing the same diameter of what your cutting down is something he agrees with and is in the spirit of what the City should have done. Thiesse stated that he may add a minimum diameter to the language. Page 25 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Libby stated that was how he first pictured it but there are tree companies out there that have equipment that is capable of replacing very large trees. Bollis stated that it would be difficult to get that equipment in within 75 feet of the lake. Libby stated that when the equipment is capable of accessing the area,they can replace the large trees. Ressler likes the idea of putting a minimum diameter size and asked what size he would propose as the minimum. Thiesse suggested 3 inches. Barnhart stated that he would suggest 1 inch in diameter because some trees, like oak trees,transplant better when they are smaller. Libby asked if a 1-inch tree was larger or smaller than a sapling. Barnhart stated that it was larger than a sapling. Bollis asked if anyone was in favor of a less than 1:1 ratio. He expressed concern about over foresting the area. Barnhart stated that there is language in the ordinance regarding Staff approval. Ressler stated that if Staff has the ability to intervene then perhaps the Commission doesn't need to be put in minimum diameter standards. Curtis stated that the ordinance needs to have a starting point which is doesn't currently have. Bollis reiterated his question on whether anyone was in favor of a less than 1:1 replacement. He stated that he could argue in favor of a 50%caliper inch replacement in order to ensure the trees planted will thrive. He gave the example of cutting down a 30-inch tree and the replacement would be the equivalent of 15 inches. Barnhart stated that what he has seen in the past is a tiered system which if it is over a certain amount,the requirement would be decreased. He stated that he thinks that type of system could be worked into the ordinance. Libby asked if Staff could consult with an arborist to make sure they are pursing the correct replacement level. Barnhart stated that he would prefer a tiered system as discussed.He stated that this is only talking about healthy trees that are removed based on convenience. Libby noted that Staff cannot be an expert in every area and feels that an arborist may be needed. Barnhart stated that they could contact an arborist,but explained that it is likely that they would not. He stated that it becomes more of a space issue and he doesn't necessarily want to spend taxpayer money on Page 26 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. an arborist to help with a free permit. He reiterated that he feels a tiered or sliding scale system may be the direction to go. Ressler stated that he agreed with a tiered system. He noted that he did not want to spend a lot of time on this issue because there is a lot of ground to cover,but noted that some thought should be given to whether it is a nuisance tree as well. He gave the example of taking down a cottonwood and not having to replace it with a cottonwood. Curtis stated that may lead to people clearing their lots of large,mature buckthorn which can create problems from an aesthetic point and it would qualify as clear cutting. Erickson noted that Plymouth, at one time, had a full-time forester on staff, so it may be helpful to take a look at some of their ordinances to see what they have done in some of these situations. He stated that may be a way to gather information for free without having to consult an arborist. Ressler stated that he is in favor of a sliding scale of some sort, in lieu of a 1:1 replacement. Libby stated that he doesn't think any of the ideas are bad,but when it is exposed to scrutiny from property owners,they may want to know how the City came to these standards without consulting the experts. He stated that he is concerned that this will expose the City and things will be determined by the City Attorney rather than an arborist because the City has a rule that was set up arbitrarily by people simply guessing. Ressler stated that he feels the spirit of this whole thing is trying to eliminate some of the applications that the City is receiving that require variances and things of that nature. He stated that if there can be a language change that helps reduce those applications and not expose the City to other issues such as those raised by Commissioner Libby, because there will be circumstances where it will not make sense to do any of the things being put into place. Libby stated that he is not objecting to Barnhart's proposal but sees a potential avenue for residents contending this. Thiesse stated that residents are free to get their own arborist and come in and tell the City how it should be. Ressler stated that he thinks that is good feedback for this portion of the ordinance. He suggested moving the discussion to the process for when there is slope failure. He stated that the discussion that took place at the work session was that there should be some discretion given to the City Engineer and give the option of expediting directly to City Council for a hearing, discussion, and ruling for mitigating that situation. He asked if anyone on the Commission had a different recollection of the work session discussion. The Commission agreed that this was what was discussed. Barnhart stated that the goal of this from the beginning was to address slope failures and try to avoid the interim use permit process. He stated that the earlier discussion was about the identifying the emergency slope failures that would skip the interim use process and go straight to Council, possibly without the Page 27 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. public hearing process,because that is time consuming. He stated that the draft ordinance does not include this alternate language yet,but he will try to find a way to fit that in. Ressler stated that the other thing discuss was the amount of grading and what can be used for import/export and stockpiling. He read aloud the language from the draft ordinance and noted that he is fine it is as proposed. Bollis stated that he would suggest having another column for rural areas or agricultural areas. Barnhart stated that the earlier discussion was lot size and noted that he will work on making those changes. Ressler stated that he has notes about haul route standards and noted that discussion was about adding language about using City roads in lieu of County roads whenever possible. Oakden noted that it should be County roads in lieu of City roads. Ressler stated that he would supports that change. Barnhart asked if he would prefer that over the language that is currently written on line 390. Ressler stated that he thinks it just clarifies that the City would prefer that people use County Roads rather that City or private roads when possible and helps clean up the text. Thiesse noted that there are other types of roads too such as State Highways. Barnhart stated that he will make changes based on what he heard from discussion. He explained that Staff is requesting approval subject to the comments made this evening and noted that his goal is not to have the Commission review this information again,however,the Commission could table it and discuss it again next month if they would like. He noted that after the Commission has reviewed this,the Council will review it and also provide feedback. He stated that then he will submit it to the DNR for their review in a"near final"form. Libby stated that he understands this is an attempt the simplify the language. He asked what the average high-water level is. Oakden stated that it is 929.4 for Lake Minnetonka. Libby stated that having seen alteration projects in and around Orono there is one component that is influential and not mentioned. He stated that the DNR has been mentioned on a number of occasions where the alterations are applicable, but the MCWD has way more governance than the DNR. Barnhart stated that generally the City asks, for example,the MCWD to give verification that they don't need an erosion permit or that they do. Libby stated that this document is guidance for the City,but also guidance for the consumer so things can be done by the book. He stated that the DNR is mentioned and he doesn't understand why the MCWD is not mentioned. Page 28 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Curtis explained that their governance is different that the City's and the purpose for their rules are different. Libby stated that he feels the same can be said for the DNR. He stated that he doesn't understand why the City would not impart to the public that both the DNR and the MCWD have governance and authority. Barnhart stated that he feels the City does impart this information in handouts,but doesn't necessarily think it should be put into the Code. He stated that the DNR has shoreland regulations that pertain to many of the things included in the ordinance. He stated that he needs to send a copy of the draft to the DNR because the City was proposing changes to the regulations as it applies to the Shoreland Overlay District. He reiterated that the MCWD is referenced in information that is available to people that some permitting may be required. Oakden explained that the MCWD doesn't regulate the City's Code like the DNR does and requires the City to have certain language included for protection of the waterways. She explained that this is why this document references the DNR so much. Libby thanked Oakden for that clear explanation. Oakden stated that the City does notify the public that the City coordinates with the MCWD, but noted that she does not feel it needs to be included in the Code. Erickson moved,Libby seconded,to recommend approval of Application No. LA19-000091 City of Orono,Text Amendment related to Grading and Land Alterations,including slope failures,subject to the changes identified at the work shop and public hearing, as discussed. VOTE: Ayes 5,Nays 0. 10. LA19-000103 CITY OF ORONO,TEXT AMENDMENT RELATED TO LICENSING FOR MARINAS AND JOINT USE DOCK AND DOCK PERMITTING 10:21 P.M.- 10:31 P.M. Staff presented a summary of packet information. Ressler asked for clarification if the City was striking the requirement for permitting. Barnhart explained that Lines 11-15 of the draft ordinance clarify the permitting. He stated that the language is a little clunky right now and he plans to ask the City Attorney to modify the language. Ressler stated that he likes the gist of the changes. Libby clarified that most docks are seasonal, and asked if new installations would require a permit,but then when they need to put their dock back in again in a new season,they would not require another permit. Barnhart confirmed that right now people only need a permit to put their dock in for the first time. He stated that for seasonal docks for homeowners with lakeshore property a permit is not required every year. He stated that there are 11 joint use docks throughout the community that currently requires a permit every year. He stated that the suggestion is that the City remove the requirement for a permit in those situations, but if you were to initiate a joint use dock then a permit is required. Page 29 of 30 MINUTES OF THE ORONO PLANNING COMMISSION Tuesday,February 18,2020 6:00 p.m. Libby stated that this seems to be in the spirit of simplification and asked if it would change any of the controversial issues that the City has had where there is enforcement for a permit for a dock. Barnhart stated that he didn't think so because those issues weren't related to the permit process but to dock rental which is a separate issue. Ressler stated that he thinks this is giving up something that is a formality but not giving up any of the regulatory rights. He asked if this same situation applied for Lines 66-68 and whether there would be a financial impact of not having the annual licensing. Barnhart stated that Lines 66-68 simply removes the requirement for licensing and later on in the document it lists the standards that are still in place. Libby left the chambers at 10:28 p.m. Barnhart noted that for a variety of reasons,the City has not issued licenses since about 2005. He stated that most of the business standards are listed on Line 111. Ressler clarified that he supports cleaning up this language, as suggested. The Commission agreed. Libby returned to the chambers at 10:29 p.m. Chair Ressler opened the public hearing at 10:30 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 10:30 p.m. Libby moved,Erickson seconded,to recommend approval of Application No. LA19-000103 City of Orono,Text Amendment related to licensing for Marinas and Joint Use Dock and Dock Permitting, subject to feedback provided to the Staff. VOTE: Ayes 5,Nays 0. 11. UPDATE ON MARCH 9,2020,CITY COUNCIL MEETING Ressler noted that Commissioner Bollis will be the Commission representative at the March 9,2020 Council meeting. ADJOURNMENT Thiesse moved,Bollis seconded,to adjourn the Orono Planning Commission meeting at 10:31 p.m. VOTE: Ayes 5,Nays 0. ATTEST: Jon Ressler, Chair Page 30 of 30 Date Application Received: 02/14/2020 Date Application Considered as Complete:02/14/2020 V.,O` 60-Day Review Period Expires: 04/14/2020 To: Chair Ressler and Planning Commission Members 1104,Dustin Rief, City Administrator G, 4kE S H 0 4ti From: Melanie Curtis, Planner h'lGG Date: 16 March 2020 Subject: #LA20-000012, Source Land Development Inc., LAKEVIEW OF ORONO AFFECTED PROPERTIES: 06-117-23-34-0009/735 LAKEVIEW PKWY/L21B1 06-117-23-43-0021/780 LAKEVIEW PKWY/L7B3—Chris &Amy Evenson 06-117-23-34-0012/750 LAKEVIEW PKWY/L9B3—Jeffrey& Liza Majkrzak 06-117-23-31-0010/610 LAKEVIEW PKWY/L13B3 06-117-23-32-0013/4625 ST ANDREWS ST/L15B3 06-117-23-32-0014/4685 ST ANDREWS ST/L17B3 06-117-23-31-0013/455 NORTH ARM DR/L20B3 PUBLIC HEARING Application Summary: The applicant is requesting approval for changes to the Lakeview of Orono Conservation Easement Area (vacation and dedication) resulting in a net easement area gain of 0.37 acre. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is the developer of the Lakeview of Orono development;they still retain ownership of a number of lots in the development.They have identified some areas where they feel a change to the area protected by a conservation easement is necessary, either to preserve the area or to facilitate a more functional building envelope for the property (Lot 7 Block 3). The proposed changes will result in a net increase in conservation protected area of 16,064 square feet(0.37 acre). VACATED NEW CONSERVATION CONSERVATION EASEMENT AREA NET CHANGE EASEMENT AREA BLOCK 1 Lot21 37,796 s.f 0.87 acres 36,572 s.f. 0.84 acres -1,224 0: -0.03 acres BLOCK 3 Lot 7 16,458 s.f. 0.38 acres 14,100 s.f. 0.32 acres -2,358 s.f. -0.05 acres Lot 9 32,885 s.f. 0.75 acres 89,248 s.f 2.05 acres 56,363 s.f 1.29 acres Lot 13 67,089 s.f. 1.54 acres 48,891 s.f. 1.12 acres -18,198 s.f. -0.42 acres Lot 15 44,073 s.f. 1.01 acres 26,980 s.f. 0.62 acres -17,093 s.f. -0.39 acres Lot 17 59,735 s.f. 1.37 acres 71,412 s.f. 1.64 acres 11,677 s.f. 0.27 acres Lot20 60,807 s.f 1.40 acres 47,704 s.f 1.10 acres -13,103 s.f. -0.30 acres TOTAL 318,843 s.f. 7.32 acres 334,907 s.f 7.69 acres 16,064 s.f 0.37 acres FILE#LA20-000012 16 March 2020 Page 2 of 2 The applicant has provided a narrative (Exhibit A) and drawings detailing how the proposed changes affect each applicable lot in question attached as Exhibit C. Exhibit B provides a comprehensive overview of the conservation easement impact. Analysis Environmental sensitivity was an important discussion topic during the creation of the Lakeview of Orono development. The City Council required the conservation easement throughout the development to protect its rural characteristics. The applicant has indicated that the current easement has created unintended challenges for a number of lots restricting their buildability. The changes proposed are relatively minimal and still appear to meet the original preservation and protection goals. The Planning Commission can support all, part, or none of the proposed changes. The Commission's vote should reflect that determination. Public Comments A number of neighbors have reached out for more information on the project upon receiving the postcards. To date, written comments in opposition to changes to Lot 15, Block 3. have been received. Issues for Consideration 1. If the developer would have initially proposed the conservation easement with the current desired changes would the easement have been acceptable? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation If the Commission finds the proposed changes to the conservation easement to continue to meet the initial preservation goals of the Lakeview of Orono conservation easement, Planning Staff recommends approval. List of Exhibits Exhibit A. Narrative&Application Summary Exhibit B. Proposed Easement Changes Exhibit C. Individual Lots—Proposed Changes Exhibit D. Lakeview of Orono Conservation Easement Document Exhibit E. Lakeview of Orono Development Agreement Exhibit F. Public Comments Exhibit G. Property Owners List Exhibit H. Aerial Photo To: City of Orono From: Source Land Development, Inc. CC: Jeremy Barnhart—Community Development Director Melanie Curtis—City Planner Subject: Easement Vacation/Dedication Narrative Source Land Development, Inc. is submitting an Easement Vacation - Easement Dedication application to the City of Orono for review. The application includes the following PID's: 0611723340009—Lot 21 Block 1 (Lakeview of Orono) 0611723430021—Lot 7 Block 3 (Lakeview of Orono) 0611723340011—Lot 8 Block 3 (Lakeview of Orono)— Lot Combination 0611723340012—Lot 9 Block 3 (Lakeview of Orono)—Lot Combination 0611723310010—Lot 12 Block 3 (Lakeview of Orono) 0611723320013—Lot 15 Block 3 (Lakeview of Orono) 0611723320014—Lot 17 Block 3 (Lakeview of Orono) 0611723310013—Lot 20 Block 3 (Lakeview of Orono) Current Conservation Easement lines have impacted the lots listed above in numerous ways. Some examples include; steep slopes, added grading costs, limited septic/well locations (which are not adjustable), all resulting in restricted building pad options.The Easement Vacation/Re- Dedication will allow these pads to be adjusted, making them more attractive and cost friendly for potential home building. While we are removing conservation in areas of the site, we are gaining in others. The net change in conservation easement area has actually increased. If approved,the Lakeview of Orono plat will now have a net increase of.37 acres (16,064 s.f.) in total Conservation Easement area. The exhibits included in the application show the impacted areas, along with the proposed changes we would like to incorporate. The adjustments still follow the original site lines and pathways that were approved in the final plat application. The proposed changes will provide continued home building in the Lakeview neighborhood. We hope staff, planning commission members, and the city council take this request into consideration for approval. Thank you, op Patrick oris Source Land Development, Inc. Land Use Application Summary Application Date: 02/14/2020 Address: 4685 ST ANDREWS ST MOUND, MN 55364 Parcel Number: 0611723320014 Land Use Number: LA20-000012 Application Submitted By: Property Owner Owner: Name: SOURCE LAND DEVELOPMENT INC Address: 18215 45TH AVE N STE D PLYMOUTH, MN 55446 Name: Source Land Development Inc. Applicant: Company: P y: Address: chasep@sourceland.com Contact Information: Associated Contact: Source Land Development Inc. chasep@sourceland.com Associated Contact: SOURCE LAND DEVELOPMENT INC Associated Contact: Associated Contact: Project Description: Vacation Land Use Application Type: Amendmend Application Li Appeal of Admin Decision L Concept Application .-..! Conditional Use Permit L Site Plan Application rLl Subdivision Application Lj Subdivision Exception L Vacation Application i_ Variance Application U Applicant Signature: C.?`"4 -� NORTH ARM DRIVE / / 1 / REMAINING, NET GAIN AND LOSS CONSERVATION EASEMENT AREA EXHIBIT NN _'----. — / LEGEND / _ ; — — 1 E EMS aE oN / 2 _ _ I E,sEME�...E, '"" /. 18 _ 20 ti �7.�Z� EnsEasEx 7:,Rv.noH r \ { 9 STREET ST ANDREW STS 16 } Q 3 ET 2 1 LF ' '�P 21 I UJ5 ' k 15 \ 4 P 10 1 <4./(6.1,,F 14 3 \ \22 w \ / 'ttW o i 5 9 / -9). ��A��\�\ x 1 k1 13 \ o � \ I z \ 6 i 1 o \ / H 19 \ I 7 12 \ 8 / I I OUTLOT A \ / i a. / 12 18 \ i / \ 1/,\` \ M • \ / 11 \ *Ill/I 14 j 150 o 150 300 1114 13 10 / —a— SCALE IN FEET / 17 , / 15 16 Iwgr i— \ ` \ 1 SA ) \ I as AltilrOUTLOT B � Ia ra / _ 1 \ 2 WEST BRANCH ROAD I hereby TnIXIX nIX,NA awn,Nan or Tanc ANrm.,. m.W^m..m>a,n.,>w,X .d ua,.m..m. NIX I ,°. . .K.TEDE,..E�,.TARE°.o� .1ds...+..,,..,..i,..^,...,.1.^+.,�� Henn.*Conway LAKE VIEW OF ORONO FILE NO. ' "'"m'° °`°`°° COMET"'° 5-040 °°2°"°'�'^"°'° 1 � SATHRE-BERGQUIST,INC. CONSERVATION EASEMENT EXHIBIT 222. SHALL THERE.MEI.,SAT2P2.2120011152,..Cf � / // / / +ies:�uceom NNENO, PREPARED FOR: 4 Tin T.WATT TO TIOTO NV ILTTGITTEATF USER On EADIX1 �-w{/ Hnn.,(n,.ti """"'%�SOUTH �Y MINNESOTA //4 ° H+.MT WAY., s a NORTON HOMES ¢ i /4, °� � 7 . i (, CONSERVATION EASEMENT PER DOC.— — , / _ _ \ N0. T05284392 I _ co — / �— FENCE// / / tri i / GATE / n� PERGOLA I" N84`54'27"W15.6CD IJ /di _ //I (.. :�3 BLOCK 3 81 — — — s::.' W / a 4/ / :11> ' .- LOT 7 Yiiii ii/:','1&':•-•:!?4,0 '-7/ / / ...1,411 t IIPui W.1",.s;',%;;;;, / EXISTINLAKEVIEWUT I / vT R 780 LP' :, , / J L / vl / / — / ,' J/ ua. �scninns / / oA55NOWn r / / LIS / i/LL�y 101 6 / / / / / / �j / �j\`/ / .14‘.,'''' / NORIA l ;t=.' I 50 25 0 25 50 100 µ / SCALE IN FEET I .14 / _:,A,:- L„.77.../. ..7....(A/ / Easement Vacation Area I%4""7:17:11 /1 / / . ` vs I *";?:',.4...N:=: ;t:7-ftIt%Z .,,_1: :A.1_,,_4.,,,..-'4',,.'-:,:5k'it,,,,,,.....t.,,----,,-,',.---;,,i-,:•:-:.,,,,,,,,:6•.::-,.,....,,,;....;;-,--, ,.,-.:-—:,,,,,,,,.,,,,,,,_.., IC, ,, 1—. -........,,,/ — X —7________ ._____ ____ Eas s.4,,,,..„ Sheet I of 2 Sheets JOB#:64685-020 REVISIONS _ P EASEMENT VACATION EXHIBIT FIELD CREW:AT ° 1`�' SATHRE BERGQUISTe INC. DRAWN BY:JPR,JJA `s s 150 SOUTH BROADWAY WAYZATA,MN.55391(952)47&8000 PREPARED FOR c�Ens ii CHECKED BY:JJA NORTON HOMES DATE:10/16/19 i MOST NORTHERLY i CORNER OF LOT 7 / NW LINE OF LOT 7 ,• i. • ^� . FENCE / —EAST LINE OF LOT 7 S85°21'31"E 152.96 /V- % _ I PERGOLA '�--/] /I (-44f BCD LOCK 3 0 t — — — / 5 W/ // ;;N;t;;:4 - LOT 7 /; r__.1: .- ?'',i.e. , . „„...:".__ .. 4 • .....-...:/ /7 / i .,:lt.,1 I K-Obi AW5r- -, / EXIS'IH EVIEWUT ®p�`Aii / LOT yy / 78P ARMNAY U F! / / �,.'I i//1 // �® / / / mak' / / LOT 6 / / / / / / / / / / / / Sia` / / / / / / rq, / / / _ — J L _ / ,1,-c" / / i as ma e I� a / a" .uaew / \ - .. ylel 'J >4 _ e. �r3 , —7----- --__ ......., ,„,.,..-,—.,„,-.-----.... -, ,......‘„,„.., --------.../ --,. .:tom f•,'a '>, r* ,.'syfa.. .. 't 4 — -- i`"'t-'�"A..-,-,..--,,,,,,,,,,t .t.,Y^C"�"_..a'SKK ...'.`Sss h..\ L722—_(_11 Easement Area EASEMENT DESCRIPTION An easement over,under and across that part of Lot 7,Block 3,LAKEVIEW OF ORONO,according to the recorded plat thereof, Hennepin County,Minnesota,lying northerly of the following described line: A'/"w. Commencing at the most northerly comer of said Lot 7;thence on an assumed bearing of South 29 degrees 38 minutes II seconds West ;��`� along the northwest line of said Lot 7 a distance of 162.25 feet to the point of beginning of said line;thence South 85 degrees 21 minutes 31 seconds East a distance of 152.96 feet to the east line of said Lot 7 and there terminating `„� '1'O RS' Easement area:14,100 sq.R. 50 25 0 25 50 100 SCALE IN FEET Section 07-Township 117-Range 23 JOB//:64685020 REVISIONS N` W= 3 PREPARED FOR SATHRE-BERGQUIST, INC. EASEMENTEXHIBIT FIELD CREW:AT x 150 SOUTH BROADWAY WAYZATA,MN.55391(9521476-60DRAWN BY:JPR,JJA CHECKED BY:JJA ^a ,,os" NORTON HOMES DATE:10/16/19 EASEMENT VACATION DESCRIPTION j'S The flowage and conservation easement per Hennepin County document number T05284392 embraced within Lot 9,Block 3,LAKEVIEW OF ORONO, ( 4`) according to the recorded plat thereof,Hennepin County,Minnesota. S. iYOr-r\>, Easement Vacation Arca:32,885 sq.ft. L7=21 50 25 0 25 50 100 Easement Vacation Area SCALE IN FEET i OUTLOT A UR,IN kGE AND 1111,,EASGMENTS Ala.511OWN MIRE.FROM L,"r�,.,s=„nrr LAT"o / / \ WETLAND > I 10 / �" F� mph" / C 7i �.- / _�' 879°45,22. \ '.` /72.66 Q ~ I / / �P r-- / / /` n _/ r 400-, , , Q aR9 o�P =" BLOCK 3 / ti9 \ �F l ) / -4,, /// I \ I/ / 9SFyFtil ` /l A / P9r q` \ / _i / L4 / z IFtt„ / 3, ;p4 � \ / / / \ -1y --, J /- 1 i S P''SO I VIS' OUTLOT B t I I I I Section 06-Township II7-Range 23 JOB#:64685840 REVISIONS ? NW = SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIBIT SHEET:VAC-L9,B3 a 150 SOUTH BROADWAY WAYZATA.MN.55391(952)0)66000 DRAWN BY:JJA PREPARED FOR CHECKED BY:DBP "a e," NORTON HOMES DATE:01/172020 CONSERVATION EASEMENT DESCRIPTION �\`I A conservation easement over,under and across all of Lot 9,Block 3,LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County,Minnesota. S.�,,./ NORSE Easement Area:89,248 sq.ft. 50 25 0 25 50 100 L.7=2 y�T /' SCALE IN FEET V 222 Easement Area OUTLOT A \ wETLAND 10 / i C 4 1 ;f, r`/ c* i Ifi i - --- / / 1 r ,,,,-0-, 0 ,v ,.....) \ O'9i�9 .i i sf, / 9tia / \ 8 s I e.4,FH / rq s� A 9/L,q JFK A4110. A / \ Y / I I .¢6.:cP‘'° I OUTLOT B t Section 06-Township It7-Range 23 JOB#:64685040 REVISIONS 4Ep5£n„,a Fo CONSERVATION EASEMENT SHEET:CE.L9,B3 SATHRE—BERGQUIST, INC. NQ 150 SOUTH BROADWAY WAYZATA,UN.55391(952)4764020 EXHIBIT DRAWN BY:JJA W r PREPARED FOR CHECKED BY:DBP a r NORTON HOMES DATE:01/172020 / ♦ / • 1 1 / < ,-, ♦ 4, oa- J L —UTILIVE EASEMENTS AEA SHOVEr / ; i DE I.O ta,sSHOWRKORDED AEU 0. • ♦ .� v 0 • ♦ r♦° - - �a • Qy aP ,� \ /I P0 2~e \y. 0 \8t<;:,.;"N,::s. . e5 ,13 \ - _ \%4;\ \ 11. BLOCK 3 \ 14 \ N i \14 A� I \ lb / '''' z 1 _- ti\4 � I --EASEMENT VACATION DESCRIPTION I • The flowage and conservation easement per Hennepin County document number T05284392 embraced within Lot 13,Block 3,LAKEVIEW OF ORONO, according to the recorded plat thereof,Hennepin County,Minnesota. IEasement Vacation Area:67,089 sq.ft. / / YT1_7Ll / Easement Vacation Area *``-/O / / I / / / 50 25 0 25 50 100 4. / '// / SCALE IN FEET , `_Or Section 06-Township 117-Range 23 JOB rt:64685040 REVISIONS e¢ SATHRE-BERGQUIST, INC. EASEMENT VACATIONEXHIBI SHEET:VAC-L13,133 a 150 SOUTH BROADWAY WAYZATA.MN.55391(952)478-8000 PREPARED FOR DRAWN BY:JJA CHECKED BY:DBP NORTON HOMES DATE:01/17/2020 ♦ I ♦ 1 1 GCORIXD PUT AND ♦ \ Y EASEMENTS•R t SIMS, at nvs�w \ \-4. // N. N. ♦ \ 1, ,� I in ` 13 0 `�� w _ `1S S O\ \ 7' BLOCK 3 \ \ \ \ 14 ��� \ r-- gyp,' y�\ / / 4 P a / oz 17, \ / / 1W \ / \ �.S<{, ` v MOST WESTERLY i CORNER OF LOT 13 �..cr Y1TTl ` -�10 Easement Area � 50 25 0 25 50 100 — — 7 SCALE IN FEET CONSERVATION EASEMENT DESCRIPTION A conservation easement over,under and across that part of Lot 13,Block 3,LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County, Minnesota,lying northeasterly of the following described line: Commencing at the most westerly corner of said Lot 13;thence on an assumed bearing of North 62 degrees 03 minutes 50 seconds East along the northwest line of said Lot 13 a distance of 233.19 feet to the point of beginning of said line;thence South 35 degrees 05 minutes 01 seconds East a distance of 101.27 feet;thence South 46 degrees 16 minutes 52 seconds East a distance of 162.04 feet to the southerly line of said Lot 13 and said line there terminating. Easement Area:48,891 sq.ft. Section 06-Township 117-Range 23 JOB A:64685-040 REVISIONS =?tt q%�5 .N SATHRE-BERGQUIST, INC. CONSERVATION EASEMENT SHEET:CE-L13,B3 uWa 150 SOUTH BROADWAY WAYZATA.MN.55391(952)476-60(93 EXHIBIT PREPARED FOR DRAWN BY:JJA r CHECKED BY:DBP qs ' NORTON HOMES DATE:01)170020 I I / / _ - J L - _ / / DRAINAGE AND unur,...111141,J.51-10.4 / / ST. ANDREWS ST. \ S? / rer 'i _ — — — — ' — --- ______ '-147, y _SDf Ns ' " — / 10 15 rx �, I '\ r L I / 1 r- L 4, / V r, '1 \ , 14 • BLOCK 3 fi' V • I Iv ; 1 1 4' / L9 A . , 42-4Y 11 Easement Vacation Area CONSERVATION EASEMENT DESCRIPTION fe 1 A conservation easement over,under and across the southwesterly and westerly 50.00 feet of Lot 15,Block 3, i LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County,Minnesota. „` ,y0 RSA Easement Area:26,980 sq.ft. 50 25 0 25 50 100 SCALE IN FEET Section 06-Township 117-Range 23 JOB 0:64685-040 REVISIONS 4Eos,,,,,e,_ s. SATH RE-BERGQUIST, INC. CONSERVATION EASEMENT SHEET:CE-L15,83 � . 150 SOUTH BROADWAY WAYZATA,MN.55391(952)4760000 EXHIBIT DRAWN BY:JJA PREPARED FOR CHECKED BY:DBP NORTON HOMES DATE:01/17/2020 L I I / 1 1 / _ - J L — _ / / LBLIA.ASSHOWN .wa / / I / ST. ANDREWS ST. / /N / 0111 63, / n / 015 /o 0 N 11, • i c: V r, ..---/i 14 ♦ �o�ACF""a 0. BLOCK 3 /1�L.. / ' ♦ ♦ e"T�j SSS 4y O 1 ♦ / oc•N� f 63) I / Ll9 TOS?643 i GIFT A io, .it I /. 411 I / 11 EASEMENT VACATION DESCRIPTION .1.1 rTi Ti9 / ,0 The flowage and conservation easement per Hennepin County document number VL�1 it T05284392 embraced within Lot 15,Block 3,LAKEVIEW OF ORONO, Easement Vacation Area I. according to the recorded plat thereof,Hennepin County,Minnesota. �_�0 4'O RSA Easement Area:44,073 sq.ft. 50 25 0 25 50 100 SCALE IN FEET Section 06-Township 117-Range 23 JOB 8:64685-040 REVISIONS SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIBIT SHEET:vAO uS.B3 w 150SOUTHBROADWAY WAYZATA.MN.55.301(952)A75-8000 PREPARED FOR 000 DRAWN BY:JJA CHECKED BY:DBP NORTON HOMES DATE:01/172020 46 EASEMENT VACATION DESCRIPTION Y d The flowage and conservation easement per Hennepin County document number 705284392 embraced within e, .. Lot 17,Block 3,LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County, Minnesota. • • � Easement Vacation Area:59,735 sq.ft. .4 r.7.LT1_a Easement Vacation Area 19 I o4ja� 0ti // ? ff/' HENLON FROM.COMULD1,kr AND C 4) // P P, � , / 004/ (1 O 1 f f, oar 1 ci / 1 1 / 1 _ _ 1g / i / /�) 1 A/ RAIN: 1 V GE , 1\ L/ _ 17`AVArEASE ER lgLT7y / S79 ^414VC 171.47 / / t \ / 17 / // \ \\ �\ / \ \\ \ / \ / / \ \ / / \ ) i / / \ WETLAND` I JI / 16 \ � / /__ •` 4 / f 4110,) \ \ \ / NO`R'S \ N. s,s6 50 25 0 25 50 100 SCALE IN FEET ' .— }/Section 06-Township 117-Range 23 JOB#:64685-040 REVISIONS .?i W SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIBIT SHEET:VAC-L17,B3 n�� W¢ 150 SOUTH BROADWAY WAYZATA.MN.55391 16521 ass-6000 PREPARED FOR DRAWN BY:JJA CHECKED BY:DBP °_ ° NORTON HOMES DATE:01/172020 CONSERVATION EASEMENT DESCRIPTION A conservation easement over,under and across that part of Lot 17,Block 3, LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County, Y Minnesota,lying southerly of the following described line: ^ \ 090 Commencing at the most easterly comer of said Lot 17;thence on an assumed bearing of // South 25 degrees 34 minutes 38 seconds West along the southeast line of said Lo[17 a \ n1 distance of 216.54 feet to the point of beginning of said line;thence North 69 degrees 25 ,7 minutes 56 seconds West a distance of 135.30 feet to the northwest line of said Lot 17 / \ and said line there terminating. _ Easement Area:71,412 sq.0. / '' r 41) / / \ �T / \ L Z 2 W / \ �o h 4:6 N b N Easement Area jo N A / �ti2.../ 3 _ _ J L — — 0 " 20 ° '/ �a LL111C1.AGE AND U �=�w 19 ;,2 / 0,9 HEICLON I- / N69"25'56"„,13 I _ MOST W OF hOI 20 /I" 5 3D `CORNER OF I i \n� ti \0 1 A - o \ L_ 7'1 ; r- , -/ / i L_ I I � \ y 1g / iDRAINAGE AND UTILITY \ EASEMENT PER PLAT \ 01( WETLPND` 1 1 I 16 1 I 1 1 I I1 I \ ` � ,r , MI A,, . x(4'1 S • . NORM TA . ry�14 50 25 0 25 50 100 117::\ - I'{/S8 •#4 SCALE IN FEET Section 06-Township 117-Range 23 JOB#:64685-040 REVISIONS EE.,, s6;uyqj, SATHRE-BERGQUIST, INC. CONSERVATION EASEMENT SHEET:CE-Ll7E13 m lrV W� 15o nouns BROADWAY WAYZATA,MN.55]91(952)6]86000 EXHIBIT DRAWN BY:JJA I PREPARED FOR CHECKED BY:DBP NORTON HOMES DATE 01/172020 V/ \ KTEI OvNBlockSC3,LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County,Minnesota. IIIP/ Easement Vacation Area:60,807 sq.ft. / yT/, / VL/LI Easement Vacation Area / • / 4 / • ''S'' - — J L — — / ,„„r• „,,,,„..,s,Rsmoss i1201.1.COROCD PLAT LABELED AS SHOWS / �n / �'r a 5/ / \ IA 9 , / . / (-0', \ z. Y� \ / Z In \ I. / / 20 ` A, ' p M M ../ v. o BLOCK 3 I N \ M / \ z / / \# / \ C P � , r� / \ ' C, 1 / / WETLANDi 4/ / 16 V V l" / I I ; cl / 21 1 l,/C) I / i\ V n / v /1// \ /114 I #///,,i \ "O Rj\ \ 50 25 0 25 50 100 \ / \ iss SCALE IN FEET \ I Section 06-Township 117-Range 23 JOB k:64685-040 REVISIONS ske 6 SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIBIT SHEET:VAC-L20,B3 { ., 150 SOUTH BROADWAY WAYZATA,MM.55391(952)476-6000 PREPARED FOR DRAWN BY:JJA CHECKED BY:DBP NORTON HOMES DATE:01/172020 / \ CONSERVATION EASEMENT DESCRIPTION A conservation easement over,under and across that part of Lot 20,Block 3,LAKEVIEW OF / \ ORONO,according to the recorded plat thereof,Hennepin County,Minnesota,lying southerly of a line / MOST NORTHERLY -- hereinafter refered to as line"A"and northwesterly and westerly of a line hereinafter refered to as line CORNER OF LOT 20 I Y "B OLine"A"is described as commencing at the most northerly corner of said Lot 20;thence on an assumed 1.-r / \\ 1' bearing of South 25 degrees 34 minutes 38 seconds West along the common line of said Lot 20 and Lot / 17,said Block 3,LAKEVIEW OF ORONO a distance of 196.54 feet to the most westerly comer of said Lot 20 being the point of beginning of said line"A";thence North 69 degrees 21 minutes 41 \ seconds East a distance of 192.69 feet to the northeast line of said Lot 20 and said line them C terminating. ,../N° ' \ J20~ E0 \ Line"B"is described as commencing at the terminus of said Line `r 3 "A";thence South 41 degrees 07 minutes 03 seconds East along .2'''" Qo q N /— said northeast line of Lot 20 a distance of 67.74 feet to the point of �°^ p s(— beginning of said line"B";thence South 49 degrees 56 minutes 49 n "M _ seconds West a distance of 130.71 feet;thence South 03 degrees (,p r„h .P "s `'r_ 40 minutes 45 seconds East a distance of 363.73 feet;thence South uNF- t # s,0, 38 degrees 59 minutes 36 seconds East a distance of 19.13 feet to ..,,,./ 6y ....0jel „ the southeast line of said Lot 20 and said line"B"them ng. N69�21 ht \g2 . 1`2 G EasementtArea:47,704 sq.ft. �I yF9 �/ O<' :11MOST WESTERLY \ 10 / ORNER OF LOT 0 /,b°'I \ . k.4 \ — — J L _ _ 1-lliklID AS SHOWN 1 / \ \ A \ YT1TEasement Area \ ' \ 20 \ , \ e. M BLOCK 3 \� �i w \ a / / m / / *-2, N C, 1 / / WETLAND` I4 7 // 16 k Y / I I `' / 21 1 V/ C/ I ..„/ / 1 V A/ I I 6.° \ / -S,yA'6/ o� i )04 ,...// ,, , ,0;4,_, \ i / 6 1.410., a,OR, � / \ 50 25 0 25 50 100 I \ ' \ IsTiTil SCALE IN FEET \ Section 06-Township 117-Range 23 JOB N:64685040 REVISIONS ? U -' SATHRE-BERGQUIST, INC. CONSERVATION EASEMENT SHEET:CE-L20,B3 f►' n 150 SOUTH BROADWAY WAYZATA.MN.55391(95314]8-so00 EXHIBIT DRAWN BY:JJA PREPARED FOR CHECKED BY:DBP °s NORTON HOMES DATE:01/170020 , , ..._ _ _ Q --p� /---- / o r \ i, / �14k7 , / \ \ i Or 4,< I / 9ti L ry 20 // \ A`q / / / -1y ` i �� 4101 C I / k /I 21 V - 4,/\ 7 ,", IBLOCK 1 a 4, ,,, / Q k. ere O4. / / SB6"34'54"E �/ OUTLOT B / 29.91 40 / Nh C / / oN \ 2U h Z0 ` I I S89°19'05"E 149.05 �Q gt DRAINAGE ar .11.1)IMLIII EASEMENTS A. " Pr EASEMENT VACATION DESCRIPTION The flowage and conservation easement per Hennepin County document number T05294392 embraced within Lot 21,Block I,LAKEVIEW OF ORONO, according to the recorded plat thereof,Hennepin County,Minnesota. Easement Vacation Area:37,796 sq.ft. �� YT�TLI � � Easement Vacation Area i���i *oRS�i' 50 25 0 25 50 100 SCALE IN FEET Section 06-Township 117-Range 23 JOB#:64685-040 REVISIONS SATHRE-BERGQUIST, INC. EASEMENT VACATION EXDI SHEET:VAG 21,Bt HI 5DRAWN BY:JJA 153 SOUTH BROADWAY WAYZATA.MN.55391(952)476-6000 PREPARED FOR CHECKED BY:DBP es NORTON HOMES DATE:011170020 EASEMENT VACATION DESCRIPTION f re The flowage and conservation easement per Hennepin County document number i 1 __. T05284392 embraced within Lot 9,Block 3,LAKEVIEW OF ORONO, according to the recorded plat thereof,Hennepin County,Minnesota. „/ Na R-C‘'' Easement Vacation Area:32,885 sq.ft. ��TT/T/' 50 25 0 25 50 100 LZ 7 Easement Vacation Area SCALE IN FEET OUTLOT A I I _ — J L DRAINAGE AND UTILITY k',SWEETS\R L.SHOWN HEREON IROAI RECOIADED 1.12a AND LADEI,J3 ASS.. / \ WETLAND JAII/ Or 1 O / i , ery ,,o / 1... 4/1 If' / 20. 579.45.22. �\ rs E 172.66 / C/ oo jOiQ � I^ r' r\ ,,,,,-; �Pio Cog' AA? 9 qy ll , , BLOCK 3 / I /lo'It,O \ / 8 I i F \ / 9 I 411/ SFyF I 49, / A I FP 7 \ Z 44 __ \ / �Ik,''',,,p ;7 / 3I , A��� "- / /-__._ \ J 1 t-PCO \ V� OUTLOT B Section 06-Township 117-Range 23 JOB 8:64685040 REVISIONS s ? SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIBIT SHEET:VAGL9,B3 i►' 150 SOUTH BROADWAY WAYZATA.MN.55391(952)078-6000PREPARED FOR DRAWN BY:JJA CHECKED BY DBP NORTON HOMES DATE:01/17/2020 / • 1 1 4, -N, _ _1 L _ _ / : ,n ..d,.n.NOw spl,i 4, / ...• ., . ♦ ym° \ ♦ a� • 71P JyP\ 1 ,• ?y c<,-4"P2r�?¢��\\ 1,, \ / J - 1 G c=�\k< ,N-t,',"'''P yy \ i i c ,�"' \ C — --------- \NI:111.111S1 4N `� 13 \ BLOCK 3 \ tis era. I ♦ 4tiw 1 v) --EASEMENT VACATION DESCRIPTION / The flowage and conservation easement per Hennepin County document number T05284392 embraced within Lot 13,Block 3,LAKEVIEW OF ORONO, according to the recorded plat thereof,Hennepin County,Minnesota. I \ Easement Vacation Area:67,089 sq.ft. T�T� %ti / / L 2 L1 r / Easement Vacation Area '41i\\-t) / / / i 50 25 0 25 50 100 Roil 4 / r SCALE IN FEET \OD / Section 06-Township 117-Range 23 JOB N:64685-040 REVISIONS + ^ SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIBI SHEET:VAGL13,B3 q•PW= m 159 SOUTH BROADWAY WAYZATA,MN.55391(952)4]6PREPARED FOR 6000 DRAWN BY:JJA CHECKED BY:DBP NORTON HOMES DATE 01/17/2020 I - I I / 1 1 / J L — _ / ST. ANDREWS ST. \ ` / r;rAor Ar .4r/r.j,d. __ __ \ 10 / r 0 15 / 0 N I / 10/ -2; 1 11000,4 � r- V \ ♦ 4a�q ANo BLOCK 3 `' ',' V A 14 a /e.-RFA0 I / V lei it/ ♦ �fq I r / • MFH0 SSj. r /j N° 4436E I os 4. 643.E iGj�w 4y / Wq • -• _ / / • ► / 11 EASEMENT VACATION DESCRIPTION y rj��j-� (.4 The flowage and conservation easement per Hennepin County document number VL al ; i T05284392 embraced within Lot 15,Block 3,LAKEVIEW OF ORONO, Easement Vacation Area according to the recorded plat thereof,Hennepin County,Minnesota. „ /y0 R Z'' Easement Area:44,073 sq.ft. 50 25 0 25 50 100 SCALE IN FEET Section 06-Township 1 1 7-Range 23 JOB H:64685-040 SATHRE-BERGQUIST, INC. EASEMENT VACATION EXBI SHEET:VAGL15,63 W HI DRAWN BY:JJA YU; ,,{; i 150 SOUTH BROADWAY WAYZATA.MN.55391(95214)66000 PREPARED FOR CHECKED BY:DBP NORTON HOMES DATE:01/1712020 4O roe'eti / )'.,,S,,. EASEMENT VACATION DESCR�r10N Y The flowage and conservation easement per Hennepin County document number 705284392 embraced within , -,,e,,,, Lot 17,Block 3,LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County, .. Minnesota. Easement Vacation Area:59,735 sq.ft. ilk �� • rT1 Easement V I / / //e N / /w �aLLL15sa� w / /4 // 7, 'f11I1 18 , S; sdpi / /�� n q EAsEEkil AND n 1\ 411( � � �//APER PLATTY/ / S79.4,,46„*" 7g.4146„E 171.47 .., / 1 / / // \ \\ \\ / \ \\ / / \ 11 / / \ WETLAND` I I1 / 16 / / ie,4 ___ ,,,,„,, N. I I i I I \ \ \ ./� \ / 4`oRza l�y' -c.V.V 50 25 0 25 50 100 SCALE IN FEET ' Section 06-Township 117-Range 23 JOB q:64685-040 REVISIONS +4Ews s„y e' SHEET:VAC-L17,133 1 SATHRE—BERGQUIST, INC. EASEMENT VACATION Exxml n IIP 6 W 150 SOUTH BROADWAY WAYZATA,MN.55391(052)e786000 PREPARED FOR DRAWN BY:JJA CHECKED BY:DBP NORTON HOMES DATE:01/172020 / \ EASEMENT VACATION DESCRIPTION The flowage and conservation easement per Hennepin County document number T05284392 / embraced within Lot 20,Block 3,LAKEVIEW OF ORONO,according to the recorded plat thereof;Hennepin County,Minnesota. //14 Easement Vacation Area:60,807 sq.ft. //:, V722 Easement Vacation Area / JIII 4/;:le ii:ee% / _ - J L — _ NCREON FROM RECORDED PLAT MO / �r� \ <:%,,,, A \ 5 ,,,, a9 \ o 9L \ m \ �c Y� \ o rn \ $ N; \ / 20 \ A o \ rA n P. Z n \ / O M \ , N a BLOCK 3 ` a In z / \V / C 0#10 N ` k, 1 / WETLAND` i4 y / / 16 PP / / 21 Ill, L'-')-,/i...-) ) I / 1 lei I /./. / v V I /le / 1 ) # -1/ iof // / \ `„`I 1 4? \ 4/ORZ� N 50 25 0 25 50 100 \ 1 \ SCALE IN FEET \ Section 06-Township 117-Range 23 JOB 8:64685-040 REVISIONS =?4, a SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIBIT SHEET:VAG20,B3 I, IV i 15 SOUTH BROADWAY WAYZATA,MN.55991(952)476-6000PREPARED FOR DRAWN BY:JJA CHECKED BY:DBP 'C.., P` NORTON HOMES DATE:01/17/2020 , , --- _ / P� 1-NW CORNER OF LOT 21 /„.„, \ 1,, `/' \ \ O l 't'N se / 1414/t / \ \ 4NF�Qt' I / 94'0 Cp C / \ � T?/ i Tl 20 / Ss lI,.T_ / ,� 3 Jj,. `cL t' e/0314 `Q 1 C -, / rti h� /f r Ir / n M C, 14/ try /l 21 V le .A' G N O 49 / f"' /if O ki _ Ai BLOCK 1 fi` 4,\". isss / I e8' i1 I7 r 586°34'54"E O`"TLOT B / 51.21 w / j/ / d on e - I I / Z 2 S89°19'05"E 149.05 ori LABELED.l5 SHOWN CONSERVATION EASEMENT DESCRIPTION A conservation easement over,under and across that part of Lot 21,Block 1,LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County,Minnesota,lying southerly and easterly of the following described line: Commencing at the northwest corner of said Lot 21;thence on an assumed bearing of South 18 degrees 16 minutes 45 seconds West along the west line of said Lot 21 a distance of 379.90 feet to the point of beginning of said line;thence South 89 degrees 19 minutes 05 seconds East a distance of 149.05 feet;thence North 02 degrees 30 minutes 20 seconds East a distance of 58.27 feet;thence South 86 degrees 34 minutes 54 seconds East a distance of 51.21 feet;thence North 22 degrees 29 minutes 44 seconds East a distance of 248.99 feet the northeasterly line of said Lot 21 and said line them terminating. Easement Area:36,572 sq.ft. ( i ( .II L7a7-1 Nil , Easement Area 4,0 R T\\ 50 25 0 25 50 100 SCALE IN FEET Section 06-Township 117-Range 23 JOB k:04085-040 REVISIONS .,,,,Ss.. 4i. '',.. SATHRE-BERGQUIST, ONSERVATION EASEMENT SHEET:VAC-I21,B1 INC.. m I n 150 SOUTH BROADWAY WAYZATA,MN.55391(952)4]6!000 EXHIBIT DRAWN BY:JJA s °we PREPARED FOR CHECKED BY:DBP qiii, „se NORTON HOMES DATE:01117/2020 Transfer Entered Aug 25, 2015 11:32 AM 11111 1111 10111 111110 HUI Doc No T05284392 Hennepin County, Minnesota Mark Chapin Certified, filed and/or recorded on County Auditor and Treasurer Aug 25, 2015 11:32 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 96 Pkg ID 1284495C Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1409611 This cover sheet is now a permanent part of the recorded document. t (reserved for recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS This Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands(the "Agreement")made this IM day of ,2015,by SOURCE LAND DEVELOPMENT,INC.,a South Dakota corporation(" raptor"), in favor of the CITY OF ORONO,a Minnesota municipal corporation("City"). WITNESSETH: The Grantor, in consideration of good and valuable consideration paid by the City,the receipt and sufficiency of which is hereby acknowledged,hereby creates and grants unto the City a permanent easement for wetland flowage and conservation purposes over,under,on and across the land within the City of Orono,County of Hennepin, State of Minnesota, which is legally described on Exhibit"A" attached hereto(the"Easement Premises"),all as set forth in this Agreement. The Easement Premises is part of residential community within the City of Orono, Minnesota(the "City"), known as "Lakeview" (the"Community"). The Community is comprised of all of the real property within the plat of LAKEVIEW OF ORONO, Hennepin County,Minnesota(the"Plat"). The Grantor is the owner of Easement Premises and all of the other real property within the Plat. The Community is intended to consist of forty-six single family residential home lots(individually a"Lot," and collectively the"Lots"), and related common elements (the"Common Elements"), all being subject to the Declaration of Covenants, Conditions, and Restrictions of Lakeview(the "Declaration") to be recorded against all of the real property within the Plat in the office of the Registrar of Titles in and for Hennepin County, Minnesota. The Community will be administered and operated by Lakeview Owners Association(the"Association"), a Minnesota nonprofit corporation; The Grantor, its successors and assigns,hereby covenants and agrees as follows: 804979.v4 1. Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the Easement Premises, except by consent of the City or as otherwise noted in this Agreement or set forth in the Declaration: A. Constructing, installing, or maintaining anything, including buildings, structures, walkways,fences, retaining walls, fireplaces, clothes line poles,playground equipment,roads, hardcover of any kind,underground utility lines and distribution equipment, light poles,traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders,bird houses,and other devices intended to foster wildlife; 2)docks or boardwalks when allowed by City ordinance and under a valid City permit; 3)retaining walls when allowed by City ordinance and under a valid City permit; and 4)a private sewage treatment system (otherwise known as a septic system) serving a Lot(including, without limitation, a holding tank, a drain field,meters, a lift station, piping,pumps, and all other related apparatus and related improvements (collectively,the"Sewage Treatment System")). Creation and maintenance of non-hardcover walking paths may be allowed. B. Cutting,mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency and except by special permit for maintenance; as a part of an approved vegetation management plan; and,to maintain,repair and reconstruct any stormwater ponds and facilities within the Easement Premises. Grantor may remove brush, diseased or dead trees of any size, buckthorn and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredging,mining or removal of earth, loam,peat, gravel, soil or any other natural material. D. Free roaming of domestic animals(i.e.horses, sheep, chickens, etc.) E. The deposit of waste, yard waste, or debris. F. Activity detrimental to the screening of the neighboring properties. G. Application of fertilizers, whether natural or chemical. H. Application of chemicals for the destruction or retardation of vegetation. I. The application of herbicides,pesticides,and insecticides,except for noxious weed control by or as directed by a governmental agency. J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty,vegetation, and wildlife. 804979.v4 2 In addition to the provisions in said subsections A through and K,above, and to the extent not in conflict with those provisions, no alteration,change,modification, installation, or construction, of any type or nature,whether temporary or permanent, structural, aesthetic, or otherwise (collectively referred to in this Agreement as the "Alterations"), shall occur on or within the Easement Premises unless and until the Alterations are approved by the Association(or an architectural committee established by the Association)pursuant to the terms of the Declaration; provided,that any portion of a Sewage Treatment System within a Lot shall be maintained,repaired, and replaced by the owner(s) of the Lot as set forth in the Declaration(and each such owner has the right to perform such maintenance, repair, and replacement(as well as does the Association in the event such maintenance,repair, and replacement is not properly performed by such owner(s)). 2. Prohibition of Sewage Treatment System in Wetland Area. No Sewage Treatment System shall be located within the wetland area depicted on the Plat. 3. Rights of the City. Grantor, its successors and assigns,further grants to the City the affirmative right,but not the obligation,to do the following on the Easement Premises: A. Preserve,improve, and enhance the slope, trees,vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation,by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the Easement Premises at any time to enforce compliance with the terms of this Agreement. 4. Reservation of Rights of and by Grantor. Grantor reserves for itself and for its successors and assigns and its invitees, and for the Association and for the owners and occupants of the Lots (and their families, visitors, and invitees), the right to enter upon the Easement Premises and to do and perform on the Easement Premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses shall be deemed to include, but not be limited to,planting of trees,flowers, and other vegetation consistent with a conservation easement;walking along trails and paths;bird watching; the study of nature; and all other acts of a similar nature or purpose. In addition to the provisions of this Section 4,or any other provision in this Agreement, and if not in conflict with any such provision(s),no actions or activities by any person on or within the Easement Premises shall violate the provisions of the Declaration or the Association's Bylaws, Articles of Incorporation, or Rules and Regulations (all as may be amended, modified or supplemented from time to time). 5. Grant of Flowage Fasement. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises, but not to the detriment of the Lots, the Common Elements,the Association,or the owners or occupants of the Lots. 804979.v4 3 6. No Public Interest. Nothing contained herein or the dedication in the Plat shall be construed as creating any use rights in the general public or as dedicating for public use any portion of the Easement Premises, except as expressly described in this Agreement. 7. Amendment. This Agreement may be amended only by an instrument signed by the City and the Grantor, or its respective successors and assigns in interest to the Easement Premises. 8. Representations. Grantor hereby represents to the City that,to the best knowledge of Grantor, Grantor is not aware of any mortgage or ownership interests in the Easement Premises other than the mortgages set forth in the Mortgage Holder Consents attached hereto and Grantor's interest in the Easement Premises. IN WITNESS WHEREOF,the Grantor hereto has executed this Agreement effective as of the day and year set forth above. GRANTOR: SOURCE L D ' OPMENT,INC. By Its Pteri STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) T e foregoing instrument was as_kncs yledged before me thisL day of , 2015, by J-e- - the ;tP�) of Sour Land Development, Inc. (the "Delopei), a South Dakota corporation, on behalf of the corp :,:.__- • �.. AMY JeAN WILLIAMS 41114 1 Notary VaOlo,Stale of Minnesota r" _. My;, misslExpires 1, Notary Pub is INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: 612 452-5000 SMM 804979.v4 4 EXHIBIT"A" TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS See attached 9 pages 804979.v4 5 An Easement for flowage and conservation over, under and across the following described properties: EASEMENT PARCEL A That part of Lots 1, through 8, 11, 12,and 14, Block 1 of LAKEVIEW OF ORONO,according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the Northwesterly corner of said Lot 2;thence easterly on an assumed bearing of North 89 degrees 58 minutes 14 seconds East,along the north line of said Lot 2 and Lot 1 a distance of 637.94 feet;thence South 30 degrees 30 minutes 45 seconds West a distance of 213.85 feet;thence South 68 degrees 10 minutes 31 seconds East a distance of 65.74 feet;thence South 83 degrees 51 minutes 44 seconds East a distance of 331 12 feet to the easterly line of said Lot 1;thence southwesterly a distance of 47.85 feet along the easterly line of said Lot 1 being a non-tangential curve concave to the west having a radius of 315.00 feet,a central angle of 8 degrees 42 minutes 13 seconds and a chord that bears South 34 degrees 53 minutes 55 seconds West to the southeasterly corner of said Lot 1;thence of South 39 degrees 15 minutes 01 seconds West,tangent to said curve, along the easterly line of said Lot 2 a distance of 51.71 feet;thence North 85 degrees 50 minutes 33 seconds West a distance of 291.44 feet;thence North 67 degrees 18 minutes 07 minutes West a distance of 86.69 feet;thence South 20 degrees 50 minutes 58 seconds West a distance of 228.19 feet to the southwesterly line of said Lot 2; thence South 53 degrees 50 minutes 41 seconds West a distance of 264.14 feet;thence South 10 degrees 34 minutes 20 seconds West a distance of 577.03 feet;thence South 40 degrees 28 minutes 55 seconds East a distance of 252.50 feet;thence South 57 degrees 20 minutes 38 seconds East a distance of 243.31 feet to the westerly line of said Lot 8;thence South 81 degrees 29 minutes 25 seconds East a distance of 283.40 feet;thence North 41 degrees 46 minutes 46 seconds East a distance of 119.95 feet; thence North 18 degrees 59 minutes 50 seconds East a distance of 164.38 feet to the northerly line of said Lot 8;thence North 05 degrees 02 minutes 15 seconds East a distance of 211.98 feet;thence North 33 degrees 55 minutes 52 seconds East a distance of 138.22 feet to the northerly line of said Lot 11; thence South 57 degrees 38 minutes 13 seconds East,along the northerly line of said Lot 11 a distance of 169.51 feet to the northeasterly corner of said Lot 11;thence South 32 degrees 21.minutes 47 seconds West, along the easterly line of said Lot 11 a distance of 32.27 feet;thence southwesterly a distance of 110.68 feet along a tangential curve concave to the east having a radius of 200.00 feet and central angle of 31 degrees 42 minutes 29 seconds;thence of South 0 degrees 38 minutes 17 seconds West,tangent to last said curve, along the easterly line of said Lot 11 and Lot 12 a distance of 208.32 feet;thence southerly a distance of 25.72 feet along a tangential curve concave to the east having a radius of 500.01 feet and a central angle of 2 degrees 56 minutes 51 seconds;thence South 54 degrees 41 minutes 15 seconds West a distance of 292.70 feet; thence South 81 degrees 08 minutes 28 seconds West a distance of 354.16 feet to the westerly line of said Lot 14; thence North 0 degrees 39 minutes 19 seconds East,along the westerly line of said Lot 14 a distance of 80.84 feet to the northwesterly corner of said Lot 14;thence North 88 degrees 48 minutes 45 seconds West,along the southerly line of said Lot 7 and Lot 6 a distance of 440.02 feet to the southwesterly corner of said Lot 6;thence North 0 degrees 39 minutes 17 seconds East, along the westerly line of said Block 1 a distance of 1625.67 feet to the point of beginning and there terminating. Together with: EASEMENT PARCEL B That part of Lots 9, 10,and 11, Block 1 of said LAKEVIEW OF ORONO,described as follows: Beginning at the northeasterly corner of said Lot 10;thence South 2 degrees 41 minutes 04 seconds East,assumed bearing, along the easterly line of said Lot 10 a distance of 67.86 feet; thence continue southerly along said easterly line of Lot 10 and Lot 11 a distance of 215.80 feet along a tangential curve concave to the east having a radius of 225.00 feet and a central angle of 54 degrees 57 minutes 09 seconds;thence South 42 degrees 13 minutes 41 seconds West a distance of 196.10 feet to the easterly line of said Lot 9; thence North 43 degrees 28 minutes 40 seconds West a distance of 146.97 feet to the northerly line of said Lot 9;thence North 12 degrees 30 minutes 52 seconds East a distance of 289.95 feet to the northerly line of said Lot 10;thence North 87 degrees 16 minutes 24 seconds East, along the northerly line of said Lot 10 a distance of 62.41 feet to the point of beginning and there terminating. Together with: EASEMENT PARCEL C That part of Lots 15 through 21, Block 1; Lots 1 through 3, Block 2; and OUTLOT B of said LAKEVIEW OF ORONO,described as follows: Beginning at the southwest corner of said Lot 15;thence North 0 degrees 22 minutes 54 seconds East, assumed bearing,along the westerly line of said Lot 15 a distance of 203.17 feet;thence South 41 degrees 41 minutes 23 seconds East a distance of 174.44 feet;thence South 81 degrees 38 minutes 48 seconds East a distance of 221.99 feet to the westerly line of said Lot 16;thence North 83 degrees 34 minutes 15 seconds East a distance of 236.00 feet;thence North 62 degrees 35 minutes 36 seconds East a distance of 165.32 feet to the most easterly corner of said Lot 16;thence North 29 degrees 37 minutes 51 seconds East a distance of 316.84 feet to the northerly line of said Lot 17;thence North 20 degrees 55 minutes 39 seconds West a distance of 343.81 feet to the northerly line of said Lot 18;thence North 1 degree 52 minutes 20 seconds West a distance of 99.53 feet;thence North 21 degrees 08 minutes 20 seconds West a distance of 228.29 feet to the northeasterly line of said Lot 19;thence southeasterly a distance of 319.55 feet along the northeasterly line of said Lot 19 on a non-tangential curve,concave to the South, having a radius of 400.00 feet and a central angle of 45 degrees 46 minutes 14 seconds and a chord that bears South 30 degrees 14 minutes 08 seconds East;thence southeasterly a distance of 490.54 feet along a tangential reverse curve concave to the east having a radius of 590.00 feet and a central angle of 47 degrees 38 minutes 13 seconds;thence South 19 degrees 02 minutes 42 seconds West a distance of 386.21 feet;thence South 66 degrees 17 minutes 36 seconds East a distance of 195.17 feet to the easterly line of said Lot 20;thence South 89 degrees 19 minutes 07 seconds East a distance of 149.05 feet;thence North 2 degrees 30 minutes 22 seconds East a distance of 58.27 feet; thence South 86 degrees 34 minutes 56 seconds East a distance of 29.91 feet; thence North 22 degrees 06 minutes 18 seconds East a distance of 139.35 feet;thence North 53 degrees 41 minutes 31 seconds East a distance of 132.46 feet to the northerly line of said Lot 21; thence South 63 degrees 33 minutes 32 seconds East,along the northerly line of said Lot 2,said OUTLOT A and said Lot 1,a distance of 164.65 feet;thence southeasterly a distance of 142.38 feet along a tangential curve concave to the south having a radius of 865.00 feet and a central angle of 9 degrees 25 minutes 52 seconds;thence South 0 degrees 48 minutes 14 seconds West a distance of 361.45 feet;thence North 87 degrees 04 minutes 36 seconds East a distance of 122.59 feet; thence North 45 degrees 16 minutes 26 seconds East a distance of 69.52 feet;thence South 89 degrees 24 minutes 07 seconds East a distance of 540.27 feet; thence South 8 degrees 22 minutes 04 seconds West,along the east line of said Lot 3,a distance of 11.21 feet to a corner of said Lot 3;thence southerly a distance of 36A9 feet along a tangential curve concave to the west having a radius of 189.00 feet and a central angle of 11 degrees 03 minutes 45 seconds; thence South 19 degrees 25 minutes 49 seconds West,along the easterly line of said Lot 3 a distance of 135.57 feet to the southeast corner of said Lot 3 and the northerly right of way line of West Branch Road;thence westerly a distance of 57.06 feet along said right of way line on a non-tangential curve concave to the south having a radius of 1004.93 feet,a central angle of 3 degrees 15 minutes 11 seconds and a chord that bears North 86 degrees 27 minutes 57 seconds West;thence North 88 degrees 05 minutes 33 seconds West,tangent to said last curve, along said right of way line, a distance of 1107.76 feet to the southwesterly corner of said OUTLOT B;thence North 0 degrees 06 minutes 54 seconds East, along the westerly line of said OUTLOT B a distance of 253.12 feet;thence North 41 degrees 19 minutes 24 seconds East a distance of 67.31 feet to a corner of said Lot 21;thence North 88 degrees 03 minutes 38 seconds West,a distance of 150.07 feet;thence South 41 degrees 19 minutes 24 seconds West, along the easterly line of said Lot 20 a distance of 67.31 feet; thence South 0 degrees 06 minutes 59 seconds West along the easterly line of Lot 20,a distance of 253,12 feet to the southeasterly corner of said Lot 20;thence North 88 degrees 05 minutes 33 seconds West, along the south line of said Lot 20 a distance of 200.10 feet to the southwest corner of said Lot 20;thence North 0 degrees 15 minutes 26 seconds East,along the westerly line of said Lot 20 a distance of 153.07 feet;thence North 88 degrees 05 minutes 33 seconds West,along the south line of said Lot 17 a distance of 200.10 feet to the southwest corner of said Lot 17;thence North 0 degrees 06 minutes 59 seconds East,along the west line of said Lot 17 a distance of 209.32 feet to the southeasterly corner of said Lot 16;thence North 88 degrees 34 minutes 15 seconds West, along the south line of said Lot 16 and Lot 15, a distance of 670.78 feet to the point of beginning and there terminating Together with: EASEMENT PARCEL D That part of Lot 1 through Lot 22, Block 3 and OUTLOT A of said LAKEVIEW OF ORONO,described as follows: Commencing at the northwest corner of said Lot 19;thence North 89 degrees 58 minutes 14 seconds East,along the northerly line of said Lot 19, a distance of 218.89 feet to the point of beginning;thence North 89 degrees 58 minutes 14 seconds East,along said northerly line of said Lot 19 a distance of 28.29 feet;thence easterly a distance of 240.18 feet along a tangential curve concave to the south having a radius of 281.35 feet and a central angle of 48 degrees 54 minutes 43 seconds;thence South 41 degrees 07 minutes 03 seconds East,tangent to said curve,along the northerly line of said Lot 17 and Lot 20 a distance of 257.697 feet;thence South 49 degrees 56 minutes 49 seconds West a distance of 130.71 feet;thence South 3 degrees 40 minutes 45 seconds East a distance of 363.73 feet;thence South 38 degrees 59 minutes 36 seconds East a distance of 219.29 feet to the easterly line of said Lot 21;thence South 60 degrees 08 minutes 28 seconds East a distance of 231.50 feet to the easterly line of said Lot 22; thence South 45 degrees 04 minutes 57 seconds West,along the easterly line of said Lot 22 a distance of 39.13 feet to the most westerly corner OUTLOT I,thence South 50 degrees 08 minutes 07 seconds East along the northerly line of OUTLOT A 84.00 feet;thence South 66 degrees 12 minutes 39 seconds East, along the northerly line of said OUTLOT A,a distance of 32.51 feet;thence South 61 degrees 10 minutes 28 seconds East, along the northerly line of said OUTLOT A,a distance of 205.02 feet;thence South 66 degrees 28 minutes 28 seconds East, along the northerly line of said OUTLOT A,a distance of 191.90 feet;thence South 50 degrees 09 minutes 04 seconds East,along the northerly line of said OUTLOT A e of 86.02 feet; thence North 78 degrees 23 minutes 46 seconds East,along the northerly line of said OUTLOT A 34.87 feet;thence South 63 degrees 05 minutes 34 seconds East, along the northerly line of said OUTLOT A 25.49 feet;thence South 24 degrees 51 minutes 08 seconds East, along the easterly line of said OUTLOT A,a distance of 145.02 feet;thence South 15 degrees 52 minutes 18 seconds East,along the easterly line of said OUTLOT A,a distance of 134.44 feet to the northwest corner of Lot 8;thence North 89 degrees 49 minutes 58 seconds East, along the northerly line of said Lot 8 a distance of 271.08 feet to the northeast corner said Lot 8;thence South 24 degrees 11 minutes 18 seconds West,along the easterly line of said Lot 8 a distance of 124.58 feet to the most northerly corner of said Lot 7;thence South 40 degrees 01 minutes 27 seconds East, along the northerly line of said Lot 7 a distance of 131.63 feet;thence South 78 degrees 06 minutes 25 seconds East,along the northerly line of said Lot 6 a distance of 236.54 feet;thence North 24 degrees 11 minutes 03 seconds East,along a northwesterly line of said Lot 5 a distance of 109.96 feet;thence South 65 degrees 39 minutes 42 seconds East,along the northerly line of said Lot 5, a distance of 123.30 feet;thence southeasterly a distance of 213.89, along a tangential curve concave to the south having a radius of 297.65 feet and a central angle of 41 degrees 10 minutes 22 seconds;thence South 24 degrees 29 minutes 20 seconds East, along the easterly line of said Lot 4 and Lot 3 a distance of 722.04 feet;thence southerly a distance of 316.26 feet along the easterly line of said Lot 2,on a tangential curve concave to the west having a radius of 253.48 feet and central angle of 71 degrees 29 minutes 08 seconds;thence South 46 degrees 59 minutes 48 seconds West,along the southeasterly line of said Lot 2 a distance of 57.80 feet to the most southerly corner of said Lot 2;thence northwesterly a distance of 608.14 feet along a non-tangential curve concave to the southwest having a radius of 1004.93 feet, a central angle of 34 degrees 40 minutes 22 seconds and a chord that bears North 62 degrees 27 minutes 45 seconds West,to the southwest corner of Lot 1, Block 3;thence North 4 degrees 58 minutes 44 seconds East,along the west line of said Lot 1,a distance of 150.09 feet; thence North 8 degrees 22 minutes 04 seconds East,along the westerly line of said Lot 1 a distance of 11.72 feet; thence South 57 degrees 39 minutes 27 seconds East a distance of 271.96 feet; thence North 83 degrees 38 minutes 03 seconds East a distance of 130.19 feet;thence North 21 degrees 44 minutes 50 seconds East a distance of 267.77 feet;thence North 27 degrees 08 minutes 03 seconds West a distance of 271.63 feet to the northerly line of said Lot 3;thence North 40 degrees 39 minutes 13 seconds West a distance of 272.83 feet to the westerly line of Lot 4;thence North 77 degrees 13 minutes 19 seconds West a distance of 197.14 feet to the westerly line of said Lot 5;thence North 84 degrees 54 minutes 15 seconds West a distance of 358.64 feet to the westerly line of said Lot 7; thence North 79 degrees 45 minutes 22 seconds West a distance of 403.54 feet; thence South 27 degrees 47 minutes 21 seconds West a distance of 259.89 feet to the southerly line of said Lot 9; thence North 63 degrees 33 minutes 32 seconds West,along the southerly line of said Lot 9 and Lot 10 a distance of 154.56 feet;thence North 20 degrees 50 minutes 55 seconds East a distance of 218.75 feet; thence North 57 degrees 11 minutes 41 seconds West a distance of 229.65 feet to the westerly line of said Lot 10;thence North 73 degrees 09 minutes 07 seconds West a distance of 203.48 feet; thence South 32 degrees 20 minutes 54 seconds West a distance of 198.79 feet to the southerly line of said Lot 11; thence northwesterly a distance of 169.00 feet along a non-tangential curve concave to the northeast having a radius of 540.00 feet, a central angle of 17 degrees 55 minutes 52 seconds and a chord that bears North 35 degrees 07 minutes 36 seconds West;thence North 63 degrees 08 minutes 24 seconds East a distance of 155.28 feet;thence North 0 degrees 22 minutes 00 seconds East a distance of 320.76 feet to the northerly line of Lot 12;thence North 53 degrees 17 minutes 50 seconds West distance of 214.54 feet;thence South 57 degrees 42 minutes 41 seconds West a distance of 171.85 feet to the westerly line of Lot 13;thence northwesterly a distance of 102.49 feet along a non-tangential curve concave to the southwest having a radius of 450.00 feet,a central angle of 13 degrees 02 minutes 59 seconds and a chord that bears North 51 degrees 06 minutes 43 seconds West;thence North 57 degrees 38 minutes 13 seconds West,tangent to last said curve, along the southerly line of said Lot 14 and Lot 15 a distance of 413.68 feet;thence northwesterly a distance of 167.84 feet along a tangential curve concave to the northeast having a radius of 175.00 feet and central angle of 54 degrees 57 minutes 09 seconds;thence North 02 degrees 41 minutes 04 seconds West,along the westerly line of said Lot 15,a distance of 67.86 feet to the northwest corner of said Lot 15;thence North 87 seconds 19 minutes 12 seconds East, along the northerly line of said Lot 15,a distance of 162.06 feet;thence easterly a distance of 8.44 feet along a tangential curve concave to the south having a radius of 190.00 feet and central angle of 2 degrees 32 minutes 37 seconds;thence South 6 degrees 05 minutes 30 seconds West a distance of 198.95 feet;thence South 57 degrees 44 minutes 56 seconds East a distance of 263.72 feet to the easterly line of said Lot 15;thence South 80 degrees 30 minutes 04 seconds East a distance of 175.91 feet;thence North 46 degrees 14 minutes 18 seconds East a distance of 90.79;thence North 2 degrees 57 minutes 42 seconds East a distance of 375.89 feet;thence North 47 degrees 33 minutes 01 seconds West a distance of 169.21 feet to the westerly line of said Lot 16;thence North 79 degrees 41 minutes 46 seconds West a distance of 481.41 feet to the westerly line of said Lot 18;thence northeasterly a distance of 19.48 feet along a non-tangential curve concave to the southeast having a • radius of 225.00 feet and central angle of 4 degrees 57 minutes 39 seconds and a chord that bears North 36 degrees 46 minutes 12 seconds East;thence North 39 degrees 15 minutes 01 seconds East,tangent to last said curve,along the westerly line of said Lot 18 a distance of 107.80 feet to the northwest corner of said Lot 18;thence northeasterly a distance of 19.23 feet along a tangential curve concave to the west having a radius of 365.00 feet and central angle of 3 degrees 01 minutes 08 seconds;thence South 78 degrees 00 minutes 21 seconds East a distance of 185.02 feet;thence North 17 degrees 45 minutes 55 seconds East a distance of 355.42 feet to the point of beginning and there terminating. 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V / \ ' \\ // ..~F .4--�...3aa-,+_e,• aw,awl 1 S / o / C \\ F)�': +. /-a0.1.0.-m0 / /d 13021 Vd / i I, -t >\J- ,"�, C, ate\ / 1N l3Stl3 -+ /r 0 / r - .•\` ,�°� ,,, �� ld / • \ N 4�- farm, I / a1mA 1 _ �„w r/.�inaxw 0 , R1� ,...,• -1 Z • o . • 1 a (r \\ i °� ay, 111 0 \\ r -)��`/I it 1 �am,nOas LL V O W ` / \\� I Y • Q ,��,/,F / ;, \ />/ / / i / / I / / MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS Bridgewater Bank (the "Mortgagee"), Minnesota banking corporation, which holds a mortgage on all or part of the property legally described in Exhibit A to the foregoing Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands (the "Grant"), which mortgage is dated June 11, 2015, and was recorded the office of the Registrar of Titles for Hennepin County, Minnesota, on June 12, 2015, as Document No. 5263412, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to all terms and provisions of, and is subject to, the Grant, and agrees that if the Mortgagee forecloses said mortgage on the property, or takes a deed in lieu of foreclosure,the Mortgagee will take title subject to the Grant. Dated this day of _i ,2015. Bridgewater Bank B ^'""�^ Its V STATE OF MINNESOTA ) )ss. COUNTY OF pp.,r"epin ) The foregoing instrument was acknowledged before me this i P day of A , 2015, by �da+v. iG Seir-ti the \hr.e tom' reSi.,4ev`h of Bridgewater Bank,Minnesota banking corporation, on behalf of the corporation. "' -- ilR1S1EN LFA FENS E LANGE " - Notary Public-Minnesota :,-,--,, My c mmlosloa Eying Jan Si,2017 OK tary Public .: INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (612)452-5000 SMM 804979.v4 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS Source Land Capital, LLC(the"Mortgagee"), Minnesota limited liability company, which holds a mortgage on all or part of the property legally described in Exhibit A to the foregoing Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands (the "Grant"), which mortgage is dated June 11, 2015, and was recorded the office of the Registrar of Titles for Hennepin County, Minnesota, on June 12, 2015, as Document No. 5263413, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to all terms and provisions of,and is subject to,the Grant, and agrees that if the Mortgagee forecloses said mortgage on the property, or takes a deed in lieu of foreclosure,the Mortgagee will take title subject to the Grant. ii Dated this I I day of I 1 5' ,2015. Source Land C. •i By Its STATE OF MINNESOTA ) )ss. COUNTY OF AU n.ep ) The foregoing ins ent was acknowledged before me this 1.( day of l i V lt� , 2015, by X j ���� 7,S,1G the if f p of Source Land CapitalJLLC,"Minnesota limited liability company, on behalf of the limited liability compan . I sl' AMY JEAN WILLIAMS Notary Public,State q( _ ne.ta January 31,201s — Notary Public INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (612)452-5000 SMM 804979.v4 1111 111 I 11 III HIM 1111111 Doc No T05284387 Certified, filed and/or recorded on Aug 25, 2015 11:32 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 96 Pkg ID 1284495C Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1405129 This cover sheet is now a permanent part of the recorded document. d f (reserved for recording information) DEVELOPMENT CONTRACT and PLANNED RESIDENTIAL DEVELOPMENT AGREEMENT (Developer and City Installed Improvements) LAKEVIEW OF ORONO Project Number 15-3723 PUD No. 10 THIS DEVELOPMENT CONTRACT ("Contract") dated July 15th, 2015, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and SOURCE LAND CAPITAL, LLC,a Minnesota limited liability company(the "Developer"). 1. REQUEST FOR PLAT AND PLANNED RESIDENTIAL DEVELOPMENT APPROVAL. The Developer has asked the City to approve a plat and a Planned Residential Development for "LAKEVIEW OF ORONO" (referred to in this Contract as the "Plat"). The Land is situated in the City of Orono, County of Hennepin, State of Minnesota, and is legally described on Exhibit A attached hereto. 2. CONDITIONS OF PLAT AND PLANNED RESIDENTIAL DEVELOPMENT APPROVAL. The City hereby approves the Plat and Planned Residential Development on condition that the Developer enters into this Contract and furnishes the security required by it. The City will cause the Plat to be duly recorded in the office of the Registrar of Titles or County Recorder in and for Hennepin County, Minnesota, promptly after compliance by the Developer with all 180976 6/22/15 mpg 1 conditions precedent to such recording pursuant to this Contract,which conditions precedent the Developer shall cause to be satisfied within 180 days after the City Council approves the final Plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted,the Developer may not grade or otherwise disturb the earth, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this Contract has been fully executed by both parties and filed with the City Clerk, 2) the necessary "security" has been received by the City, 3)protection fencing is installed around proposed and alternate septic drain field sites, and the City has inspected and approved said fencing before land disturbing activities; 4) redundant silt fences are installed wherever work is proposed within 50 feet of wetlands, and the City has inspected and approved said silt fences prior to any land disturbing activities; and 5) the City Planner has issued a letter that all conditions have been satisfied and that the Developer may proceed. 4. PHASED DEVELOPMENT. N/A 5. PRELIMINARY PLAT STATUS. N/A 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendment to the City's Comprehensive Plan, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Land unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,to the full extent permitted by state law,the City may require compliance with any amendments to the City's Comprehensive Plan,official controls,platting or dedication requirements enacted after the date of this Contract with respect to property which did not receive final plat approval prior to any such amendment. 7. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following plans (collectively, the "Plans"). The Plans shall not be attached to this Contract. The erosion control plan may also be approved by Hennepin County Environmental Services and Minnehaha Creek Watershed District. If the Plans vary from the terms of this Contract, the terms of this Contract shall control.The Plans are: Plan A-Plat of LAKEVIEW OF ORONO,Hennepin County,Minnesota Plan B -Sheets C103 &C104(05/05/15): Existing Conditions,Removals&Tree Identification Plan C-Sheets C201 &C202(06/16/15):Final Site Plan Plan D-Sheets C301 thru C306(06/16/15):Final Grading Plan Plan E-Sheets C400A&C400B (06/16/15): Erosion& Sediment Control,Phase 1 Plan F-Sheets C401 thru C406(06/16/15): Wetland Impact&Erosion Control Plan Plan G-Sheets C501 thru C505 (06/16/15): Street and Storm Sewer Plan&Profiles Plan H-Sheet C506(06/16/15): County Road 151 Right Turn Lane 180976 6/22/15 mpg 2 Plan I -Sheet C507(06/16/15):Private Park Grading Plan Plan J-Sheet C60I thru C603 (06/16/15): Surface Water Conveyance&Treatment Plan Plan K-Sheet C701 (06/16/15):Construction Details Plan L-Native Vegetation and Management Plan by PRI dated 04/3/15 Plan M-Development Entry Monument Signage Plans dated 2/4/15 and 3/23/15 8. IMPROVEMENTS. The Developer shall install and pay for the following as required to be built in accordance with the approved Plans(the"Improvements"): A. Site Grading,Ponding,Erosion Control and Restoration B. Setting of Iron Monuments C. Surveying and Staking D. Storm Water Management System E. Street Improvements F. Traffic Control Signs,Street Lights if/where required and Street Signs G. Trails H. Installation of Buffer Signage as Required by MCWD I. Installation of Conservation Area Signage as Required by City The Improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment during specified hours. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition,the City may,at the City's discretion and at the Developer's expense, have one or more City inspectors and an engineer inspect the work as the City may reasonably determine. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City Council chambers with all parties concerned,including the City staff,to review the program for the construction work. Within thirty (30) days after the completion of the Improvements and before the "security" is fully released, the Developer shall supply the City with a complete set of reproducible "as constructed"Plans,and an electronic file of the"as constructed" Plans in an 180976 6/22/15 mpg 3 AutoCAD.DWG file or a.DXF file format based upon the Hennepin County coordinate system,all prepared in accordance with City standards.All elevations shall be based on the NAVD88 standard. The"as constructed"plans submitted shall contain the following information: • all electronic info on Henn.Co.Coordinates • as-built grading plan(contours,EOFs,ponds,swales,etc.) • as-built street alignments,curb,gutter,edge of asphalt,etc. • as-built sign locations, utility locations (must have as-built points showing elevations, lengths,etc.),tree locations,monument locations • as-built building locations • as-built pond contours,OHW,HWL,outlet structure locations,etc. • as-built wetland delineations • hard copies of signed as-builts (2 copies 22x34, 1 copy 22x34 Mylars, 1 copy 11x17, CD with signed PDFs of Record Plans) 9. IRON MONUMENTS. In accordance with Minnesota Statutes Section 505.021 and the Orono City Code, the final placement of iron monuments for all lot corners must be completed before the"security"is released. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits,including but not limited to the following to the extent required: • Hennepin County for County Road Access and Work in County Rights-of-Way • DNR for Dewatering • City of Orono for Grading&Land Alteration and Building Permits • Minnehaha Creek Watershed District for erosion control, wetland protection, waterbody crossings and structures,and storm water management permits • NPDES Permits (National Pollutant Discharge Elimination Systems) issued by MPCA 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors' and subcontractors' responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all Improvements as contemplated by Section 8 and the approved Plans by August 1,2018, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and 180976 6/22/15 mpg 4 October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may,however,request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the"security"to reflect cost increases and the extended completion date. Final wear course placement must have the written approval of the City Engineer, and may be delayed or scheduled at any time of the year based upon existing site conditions at the discretion of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Land to perform all work and inspections deemed appropriate by the City in conjunction with development of the Land. 14. EROSION CONTROL. Prior to initiating site grading, the Storm Water Pollution Prevention Plan and the Erosion Control Plan shall be implemented by the Developer and inspected and approved by the City or other permitting authority. The City or other permitting authority may impose additional erosion control requirements if reasonably required. All areas disturbed by excavation and backfilling operations shall be restored according to the terms of the permit requirements. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding specification which may include certified oat seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City or Minnehaha Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten(10)days,the City may draw down the "security" to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the Land is in full compliance with the approved erosion control plan. 15. GRADING. The Land shall be graded in accordance with the approved grading development and erosion control plan, Plans "D", "E", and "F", subject to construction plan review comments from the City Engineer. The plans shall conform to City of Orono specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all ponds,swales,and ditches for public drainage have been constructed on public easements or land owned by the City. Notwithstanding the foregoing,the City may issue building permits to the Developer, prior to completion of all grading, provided the City Engineer has determined that adequate erosion control measures are in place. The "as constructed" plan shall include field verified t80976 6/22/15 mpg 5 elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, wetlands,wetland mitigation areas if any,and ditches, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and c) lot corner elevations. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill will have been monitored and constructed to meet or exceed current FHA/HUD specifications. The Developer agrees to stake, for demonstration purposes only, the proposed areas to be dedicated to the City for possible use as parks. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, builders, subcontractors, their agents or assigns. Prior to any construction on the Land,the Developer shall comply with all recommendations of the City staff and City Engineer regarding site cleanup and restoration,including but not limited to contaminated soil removal,junk and debris removal,etc. Also,prior to any construction on the Land,the Developer shall identify in writing a responsible party and schedule for erosion control,street cleaning,and street sweeping. 17. CONSTRUCTION AND MAINTENANCE OF IMPROVEMENTS. Developer shall enter into and execute a Private Road Easement and Maintenance Declaration. Upon completion of the Improvements,the City shall inspect the Improvements and notify Developer if any of the Improvements do not conform to the requirements of this Contract. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Agreement, the ownership of roads shall be governed by the Private Road Easement and Maintenance Declaration. 19. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay a fee for engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in the "security." Fees for this service shall be at standard hourly rates. These fees shall be billed monthly. 20. CLAIMS. In the event that the City receives claims from labor, material, or others that work required by this Contract has been performed,the sums due them have not been paid,and the laborers, material, or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22,Minnesota Rules of Civil Procedure for the District Courts,to draw upon the"security" in an amount up to 125 percent of the claim(s)and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the 180976 6/22/15 mpg 6 City from any further proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys'fees pursuant to this Contract. 21. STORM WATER AND DRAINAGE TRUNK FEE. The Land is subject to the standard Storm Water and Drainage Trunk Fee calculated as follows: 46 lots @ 2 acres each @$3,840 per acre, reduced by 44.8%for 65 acres preserved in Conservation Easement=$195,010.00. 22. PARK DEDICATION FEE. The Land is subject to the standard Park Dedication Fee requirement for the City of Orono. Because the value of each newly created lot in the Plat will be in excess of the threshold value of$69,375.00,the eight percent (8%)park fee cap of$5,550.00 per lot will apply;therefore,the Park Dedication Fee is calculated as follows: 46 lots x $5,550.00 per lot = $255,300.00 23. LANDSCAPING. NA 24. SPECIAL PROVISIONS.The following special provisions shall apply to development of the Land: A. Implementation of and adherence to the findings and conditions of approval listed in Resolution No. 6474 Approving the Preliminary Plat for Property Located at 405 North Arm Drive, adopted by the Orono City Council on December 8,2014. B. Implementation of and adherence to the Planned Residential Development plans submitted by the Developer and approved by the City. C. Conservation easements for the protection of wetlands, steep slopes, woodlands and open spaces must be established over those areas designated for protection on the approved preliminary plat and final plans and the designated portions of all building lots as shown on the approved Conservation/Preservation Plan drawing. Before the City signs the Plat, the Developer shall provide the City with an appropriately executed Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetland (the "Conservation Easement"), in recordable form, specifying the proposed conditions and limitations to be placed on the specific areas noted above. The easement shall incorporate as a minimum the following elements: no structures allowed,no fences, no domestic animals (i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for maintenance or as part of an approved vegetation management plan, no excavating or earth movement. Creation and maintenance of non-hardcover walking paths may be allowed. Permanent markers of a design and material acceptable to the City Planning Director shall be placed at all points where the conservation easement intersects a lot boundary or where the easement boundary line changes direction. The recording of the Plat and the Conservation Easement shall be conclusive evidence of the satisfaction of this special provision. 180976 6/22/15 mpg 7 D. Implementation of and adherence to the "Native vegetation and management plan for the Lakeview Addition"by Prairie Restorations, Inc. dated April 3, 2015 with regards to preservation, enhamcement. and maintenance of woodlands, upland grass areas,wetlands,pond and stream buffers, and septic drainfield sites within the Conservation Easement areas. E. Final Plat approval is subject to Minnehaha Creek Watershed District ("MCWD") approval and permits as required. The City will not approve the Plat until the MCWD has approved the stormwater management plans and the Developer has provided evidence that all required MCWD permits have been obtained. F. The Plat shall adhere to the purpose and intent of the Orono Community Management Plan,as amended. G. The Developer shall establish a homeowners association providing that the homeowners association will be responsible for all future maintenance of the stormwater ponds and facilities within the Land. H. Outlots C and I are not considered as buildable lots until such time that they are replatted as residential lots. The Developer shall notify and obtain City approval for the future replatting of Outlots C and I into additional residential lots. Outlot I is intended as a privately owned park that will be opened to the public. Outlot I will be subject to a perpetual conservation easement with restrictions for passive park use. Title to Outlot I will be retained by the Lakeview Homeowners Association with conservation easement granted to Citizens for Lakeview Preservation, Inc. (CLP). Site work will be completed by SLD contemporaneous with the other Lakeview of Orono improvements. Maintenance of Outlot I shall be the responsibility of the Lakeview Homeowners Association. The City of Orono does not intend to own,maintain or accept liability for the private park in Outlot I, which obligations shall be the sole responsibility of the owners. Improvements to Outlot I shall be limited to the trails indicated on Plan I, Sheet C-507 as noted in Paragraph 7 of the Agreement; and to the specific signage improvements described in Exhibit C attached hereto. Developer shall obtain a City permit for the temporary sign, such sign to be allowed to remain in place for 90 days from the date of installation; and shall obtain a City permit for the permanent Main Park Sign. The temporary sign and Main Park Sign shall be setback no less than 10 feet from the street lot line of Outlot I. All other signage described in Exhibit C including interpretive/educational signs,tree and planting signs, and memorial or dedication signs, shall not require City permits. I. All Lots except Lots 20, 21 and 22, Block 3 shall be accessed solely from a private road system which the Developer shall construct on the Land. Lots 20, 21 and 22, Block 3 shall be accessed by one driveway each from North Arm Drive.The private road may be designed to preserve existing vegetation, subject to the approval of the City Engineer. Before the City signs the Plat, the 180976 6/22/15 mpg 8 Developer shall provide the City with an appropriately executed permanent road, drainage, and utilities easement, in recordable form, over the outlot containing the private road. The homeowners association covenants shall provide that the private road will be maintained to reasonable standards at all times by the homeowners association and that failure of the homeowners association to so maintain the private road will be cause for the City to accomplish the needed maintenance and to assess the benefited properties for the direct cost of such maintenance. Before the City signs the Plat, the Developer shall also provide a separate"Declaration of Private Covenants, Conditions,Restrictions and Private Roadway Easement"for maintenance of same over the private road outlots. J. All lots have been tested and found capable of providing suitable primary and alternate sites for on-site sewage treatment systems. For all lots, mound systems will be required. Special precautions, including but not limited to protective covenants as well as physical barriers during construction activity, must be taken to protect these sites on both a short-term and long-term basis, as municipal sewers are not projected to be extended to serve the Land. Before the City signs the Plat, the Developer shall furnish an appropriately executed Declaration of Restrictive Covenant for Protection of Sewage Treatment Sites, in recordable form. With regard to Lot 17, Block 1, the primary drainfield site shall be the newly-tested site located north of the existing golf green, and shall be required to be used initially for service to the home to be constructed on said Lot. The two previously tested sites further south on said Lot shall be designated as alternate sites for possible future use if necessary. K. All of the proposed lots shall contain suitable area meeting all established setback requirements to allow the construction of single family residences. Principal structure setbacks shall adhere to the required setbacks of the underlying RR-1B Zoning District. Additionally, with the exception of septic system components designed to be within the Conservation Easement area, all principal and accessory structures shall be setback at least 10 feet from the Conservation Easement area and compliant with City wetland and wetland buffer setback requirements. L. The Developer must obtain a sign permit from the City prior to installation of any temporary subdivision identification signs for the Land. The City sign ordinance allows temporary subdivision identification signs on corner lots provided the signs meet area, height, and setback requirements, and provided the Developer submits a $1,000.00 per sign security guaranteeing sign removal when the subdivision is fully developed. M. The Developer shall pay to the city engineer the amounts incurred for the preparation of record construction drawings and City base map upgrading. N. The Developer shall submit the final Plat in electronic format. The Plat shall be created using Hennepin County Coordinates. The electronic format shall be Auto CAD file. The Developer 180976 6/22/15 mpg 9 shall also submit two complete sets of the Plat on Mylar(one copy for the City's records and one copy for recording with Hennepin County). The Developer shall also provide one copy reduced to 1"=200'. O. The Developer shall install permanent ditch check dams at all ditch outlets to provide energy dissipation prior to runoff discharge. P. The Developer shall install Bioroll check dams as necessary in ditches to reduce runoff velocities and limit erosion until vegetation is established. Q. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction,a certification signed by the design engineer shall be filed with the City Engineer evidencing that the retaining wall was constructed in accordance with the approved plans and specifications.All retaining walls required to be constructed by the Plans,or special conditions referred to in this Contract, shall be constructed before any Certificate of Occupancy is issued for a lot on which a retaining wall is required to be built. R. The Developer is advised that for all lots, the existing grade for determination of the number of stories and building height calculations for new homes, shall be based on the pre- development contours at the anticipated house locations as shown on Plan D. Developer acknowledges that no building pads are being created as part of the site improvements. S. The Developer shall provide information to the initial buyers of each lot regarding the allowed uses within the designated Conservation Area and regarding the necessity of preserving alternate mound drainfield sites. 25. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract,payment of the costs of all Improvements and construction of all Improvements, the Developer shall furnish the City with a letter of credit,in the form attached hereto(the"security"), from a bank for 150% of the cost of the Improvements, including any required landscaping. The amount of the security shall be $2,869,533.65 based on the cost estimates attached hereto as Exhibit B. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, upon five(5) business days' prior written notice to Developer, for any violation of the terms of this Contract. Amounts drawn shall not exceed the amounts necessary to cure the default. If the Improvements are not completed at least thirty(30)days prior to the expiration of the security,the City may also draw it down.If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent(90%)of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer, and approved by City's Engineer, shall be retained as security until all Improvements have been completed, all financial 180976 6/22/15 mpg 10 obligations to the City satisfied, the required "as constructed" Plans have been received by the City, a warranty security is provided, and the public Improvements are accepted by the City Council. The City standard specifications for utilities and street construction outline procedures for security reductions. 26. SUMMARY OF CASH REQUIREMENTS AND FEES. The following is a summary of the cash requirements and fees due under this Contract, which must be paid in cash at the time of final plat approval and execution of this Contract by the City: Engineering, City Administration(escrow) $ 20,000.00 Park Dedication Fee $255,300.00 Storm Water and Drainage Trunk Fee $195,010.00 Total Cash Requirements&Fees $490,310.00 27. WARRANTY. The Developer warrants all Improvements against poor material and faulty workmanship. The warranty period for streets is two years. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City Council. The two year warranty period on streets shall commence after the final wear course has been installed. The Developer shall post a maintenance bond, letter of credit or cash deposit(the"Maintenance Security")in an amount reasonably determined by the City Engineer. The City Engineer shall examine the condition of the Improvements when determining the amount of the Maintenance Security. The City shall retain ten percent (10%) of the security until the Maintenance Security is furnished the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City standard specifications for utilities and street construction identify the procedures for final acceptance of streets and utilities. 28. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Land, including but not limited to Hennepin County Environmental Services and Minnehaha Creek Watershed District charges, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the Land. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval and development of the Land. The Developer shall indemnify the City and its officers,employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims,including attorneys' fees. 180976 6/22/15 mpg 11 C. The Developer shall reimburse the City for reasonable costs incurred in the enforcement of this Contract,including engineering and attorneys'fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is an obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots,the Land, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction of the Land until the bills are paid in full.Bills not paid within thirty (30)days shall accrue interest at the rate of eighteen percent(18%)per year. F. In addition to the charges and special assessments referred to herein, other charges as required by City ordinance or via other agencies for which City acts as agent may be imposed such as,but not limited to,sewer access charges("SAC"),City water access charges and building permit fees. 29. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder,the City may,at its option,perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48)hours in advance. This Contract is a license for the City to act,and it shall not be necessary for the City to seek a Court order for permission to enter the Land. When the City does any such work,the City may,in addition to its other remedies, assess the cost in whole or in part against any portion of the Land owned by the Developer or any successor in interest to the Developer. 30. MISCELLANEOUS. A. The Developer represents to the City that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option, refuse to allow construction or development work on the Land until the Developer does comply.Upon the City's demand,the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City or Developer under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits,including those for lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Contract. 180976 6/22/15 mpg 12 E. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract.To be binding,amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. F. This Contract shall run with the Land and may be recorded against the Land. The Developer covenants with the City,its successors and assigns,that the Developer is well seized in fee title of the Land and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the Land; that there are no unrecorded interests in the Land; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. G. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, commercial general liability and property damage insurance covering personal injury,including death,and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.Limits for bodily injury and death shall be not less than$500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of$1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten(10)days advance written notice of the cancellation of the insurance. H. Each right,power or remedy herein conferred upon the City is cumulative and in addition to every other right,power or remedy, express or implied,now or hereafter arising,available to the City, at law or in equity, or under any other agreement, and each and every right,power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. I. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligations hereunder shall continue in full force and effect even if the Developer sells one or more lots in the Plat,the Land,or any part of it. Upon request,the City shall provide, in recordable form, a release of any lot in the Plat from this Development Contract if the City determines that the terms and conditions of this Contract have been satisfied. J. All streets shall have been graded and paved with at least one lift of bituminous surface prior to issuance of any building permits. 180976 6/22/15 mpg 13 K. All existing driveway access points on City and County roadways abutting the site that will no longer be used for vehicular access shall be graded so as to prevent vehicular access to the site at the time of final grading. L. If building permits are issued prior to the completion of all Improvements, the Developer assumes all liability and costs resulting in delays in completion of Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connection permits may be issued and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with at least one lift of bituminous surface per the provisions of Paragraph 30.J.and the utilities are accepted by the City Engineer in writing. M. Developer shall be responsible for all snow removal from vacant lots to the extent that City Ordinance requires snow removal. Developer shall be responsible for ensuring that all vacant lots comply with the City's Code regarding nuisances. 31. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer,its employees or agents,or mailed to the Developer by certified mail at the following address: 18215 45"' Avenue North, Suite D, Plymouth, Minnesota 55446. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator at the following address: 2750 Kelley Parkway, Long Lake,Minnesota 55356; or mailed to the City by certified mail in care of the City Administrator at the following address: Orono City Hall,P.O.Box 66,Crystal Bay,Minnesota 55323. Either party may change the address to which notices to such party thereafter shall be given,by providing to the other party notice of such change. (Signatures contained on following pages.) 180976 6/22/15 mpg 14 • CITY: CITY OF ORONO By: •dJ�- /a1Z.. Lili Tod McMillan, Mayor • ,x',11 ' ). tri / 7ij :,� < ,.,;` :3 6 By: 't _ 0_ _!ig/_0.. 4 i • %��,-,'r • `e, .f.-�' `- ssicaLo' t n�sministrator i of�l 1 ;�J / -. '1rriV•�•�T'•'•�. /+ �\ 1' ° 1,11 - •� i' DEVELOPER: SOURCE LA_ 'I, l LLC By etCrey 5. PlQr 11 �`Mint name] Its //via viitm ti , q Y4Yi lice" By Rirtitiqiiiier— [print name] Its C-y( F'1 LLCi4 ewe/U.__ 180976 6/22115 mpg 15 STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this J'`/ day o 2015 by Lili Tod McMillan and by Jessica Loftus,respectively the Mayor and City Ad nistrat o the City of Orono, a Minnesota municipal corporation, on behalf of the corporation a� pursuant to the authority granted by its City Council. te1 {;`.1•.---_..'. .c.--< __�_.`.<.c�ti__.J l ,// - �' 0 e 14; DIANE L TIEGSry Public °z:ce: NOTARY PUBLIC-MINNESOTA . ,, My Commission Expires Jan.31,2016 9tOz'l£'uePsarrdx3uwssl ~�~�� ;,. YtOS3NNIW-Ofl8fldAw JAM ``'`^�;``?21VI SJ311 ON = 7 3NFl1Q STATE OF MINNESOTA ) — r',�''�� (ss. COUNTY OF HENNEPIN ) The fore Ding instrumentLwas acknowledged before me this /5 day of C 2015, by ' I'. i,�''2 ,(r - and Pa�'yii`j Ir'� - pectively the /1! 5IL' d Chia Firomteja niiktow— of Source Land Capital, LLC, a Minnesota limit* IL 'ility company, on behalf of the company. tAILA. .,...-----..— ,� Notary Pub is AMY JEAN WILLIAMS t4011.„„,.n:1•':1. Notary Public,State of Minnesota [' -^* My Comm esion Expires 4`�1= January31,2016 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM 180976 6/22115 mpg 16 EXHIBIT"A" to Development Contract That part of the Northwest Quarter of the Northeast Quarter of Section 7, Township 117, Range 23 West of the 5th Principal Meridian, lying Northeasterly of the centerline of County Road No 151 and Westerly of the centerline of County Road No. 43. The West and North boundary lines of which tract are particularly described as follows: Beginning at the Southwest corner of the Northwest Quarter of the Northeast Quarter of said Section 7, indicated by a concrete monument bearing a brass plate marked "Judicial Landmark:" located at said point; thence North along the West line of the Northeast Quarter of said Section 7, a distance of 1312 and 15/100 feet to the point of intersection of said line with the North Iine of said Section 7, indicated by a Sandstone monument located at said point; thence East along the North line of said Section 7,a distance of 2008 and 5/10 feet to the intersection of said lien with the North Arm of Lake Minnetonka, indicated by a concrete monument with a brass plate marked "Judicial Landmark"located at said point. The North fourth of the Southwest Quarter of the Southwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 6,Township 117,Range 23. That part of the West 10 acres of the Northeast Quarter of the Southwest Quarter of Section 6, Township 117,Range 23, lying Southwesterly of the centerline of North Arm Drive,formerly County Road 43; The South Half of the North Half of the Southwest Quarter of the Southwest Quarter of Section 6, Township 117,Range 23,EXCEPT the North 178.45 feet of the West 500 feet thereof; The North 261 feet of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 6,Township 117,Range 23. The East 200 feet of the West 400 feet of the South 203 feet of the Southeast Quarter of the Southwest Quarter of Section 6, Township 117, Range 23, according to the United States Government Survey thereof. Par I: The Southeast Quarter of the Southwest Quarter, except the West 400 feet of the South 203 feet thereof and except the East 150 feet of the West 550 feet of the South 303 feet thereof, and except that part of the North 52 feet of the South 355 feet of said Southeast Quarter of the Southwest Quarter which lies between lines bearing North 41 degrees 07 minutes 37 seconds East from the Northwest and Northeast corners of said East 150 feet assuming the west line of said East 150 feet bears North 0 degrees 04 minutes 25 seconds West. Par 2: That part of the Northeast Quarter of the Southwest Quarter except the West 10 acres thereof, lying Southwesterly of the center line of County Road No.43. Par 3: That part of Government Lot 3, lying Southwesterly of the center line of County Road No. 43, except that part thereof embraced in Registered Land Survey No. 1508 all in Section 6, Township 117, Range 23,County of Hennepin,State of Minnesota. [Torrens property,Certificate of Title No. 1384577] 180976 6/22/15 mpg 17 EXHIBIT"B" to Development Contrac Cost Estimates (Attached three sheets) ,a* ¥ • ef,t, f�&i 4� §�. .»f� \• . «#^ �z 4 Sheet 1 of Nyen Cost Estimate PROJECT:Lakeview CONTRACTOR:Nyen Companies LLC LOCATION:Orono,MN 3480 Co Rd 2i Mayer,MN 55360 PREPARED FOR: Engineer:EVS Contract Description Unit Quantity Unit Price Total Price Mobilization includes Bond Is 1.00 $29,703.00 529,703.00 Demolition(Clubhouse,Cart Barn.Silo Septic&existing Utilities.Cap Well at Club House) es 1.00 $33,700.00 $33,700.00 Remove existing Bit Trail sy 4,260.00 $0.65 $3,412.50 Remove existing Bit Parking ay 8,300.00 $0.85 $4,095.00 Stump Removal Is 1.00 $11.424.00 $11.424.00 Additional Tree removal ea 10.00 $500.00 $5,000.00 Common Excavation(includes 1'of strip in structural fill areas,Street&topsoil over exc.hold downs&topsoil respred) cy 60,000.00 $2.10 $126,000.00 Subgrade Correction cy 3,000.00 $1.85 $5,550.00 Trench Borrow cy 500.00 52.20 51,100.00 Rock Construction Entrance ea 1.00 $1,200.00 $1,200.00 Inlet-Protection ea 18.00 $110.00 $1,960.00 Silt fence&Maint.(Standard with wood post) If 23,820.00 $1.40 $33,098.00 Erosion Control Blanket 3:1 Cat 3 sy 5,675.00 $1.00 $5.675.00 Erosion Control Blanket Ditch cat 5 sy 26200 $2.00 $524.00 Boulder Wads sf 5,300.00 $25.70 $136,210.00 Seed&Mulch-General Grading ac 12.00 5500.00 $6,000.00 Seed&Mulch-seed nix 310 or 328 ac 1.20 $1,200.00 $1,440.00 Seed&Mulch- wetland buffer mix ac 8:01 51,500,00 512,015.00 Existing Ditch Reconstruction and stabilization hr 12,00 $360.00 $4,320.00 Stop Sign ea 6.00 1183.00 $1,098.00 Street Sign as 8.00 $386:00 $2208.00 BOND SITE GRADING TOTAL $425,722.50 ZPIMIIBIVIIPIIIIIIPINWIIIIIIIIIIIIIIIINIIIIM 30 feet wide class 5 100%crushed 8" sy 22,781.00 $8.98 $158,871.78 28 feat wide class 5100%crushed 8" sy 3,732.00 59.98 $28,049.36 8'bit trail includes class 5 abd fabric(INCLUDES BACKFILL FOE TRAIL) sf 24,146.00 $5.00 $120,730.00 B6-12 Curb and Gutter If 341.00 $20.27 $8,912.07 SPWEB240B Wearing Course 1.5" sy 24,664.00 $5.88 5145,024,32 SPNWB230B non wearing Course(INCLUDES SHOULDER BACKFILL) sy 24,664.00 $7.87 $194,105.68 Tack Coat Gel 1,233.00 $2.73 $3,368.09 Fabric Non woven sy 24,684.00 $1.21 $29,84344 2"PVC Conduit If 850,00 51.60 51,380.00 $886,262.74 Sheet 2 of Nyen Cost Estimate iligniiiiiiiiiiiiMiaiMMIli 4"HOPE Pipe If 111 $19.80 32,197.80 10"HOPE Pipe If 66 $31.90 $2,105.40 15"HOPE Pipe If 15 $23.10 3346.50 12"RCP Pipe If 345 $30.58 $10,550.10 15"RCP CL 5 If 57.00 $29.40 $1,675.80 18"RCP CL 5 If 915.00 $35.64 332,610.130 21"RCP CI 3 If 252.00 $35.70 $8,996.40 24"RCP CI 3 If 406.00 $38.85 $15,773.10 4"end section with guard ea 4.00 3130.00 $520.00 10"'end section with guard ea 4.00 $418.00 $1,672:00 15"end section with guard ea 1.00 $535.00 $635.00 12"RCP Apron w/o TG as 4.00 $325.00 32,100.00 12"RCP Pipe w TG ea 8.00 $882.50 $4,095.00 15"RCP Apron wt TG ea 3.00 $735.00 $2,205.00 18"RCP Apron wl TG ea 11.00 $810.00 $8,910.00 21"RCP Apron ea 3.00 $980.00 $2,880.00 24"RCP Apron as 9.00 $1,102.00 $9,918.00 2r DIA CB ea 4.00 31,365.00 35,480.00 48"Dla CS as 1.00 $1,890.00 $1.890.00 60"Dia CB ea 2.00 33,090.00 $8,180.00 Skimmer Stnrct 48".<8' ea 6.00 $2940.00 $17,640.00 Skimmer Struct 12"<2' es 3.00 $1,210.00 $3,630.00 Skimmer Strutt 15"<2' ea 1.00 31.490.00 $1,490.00 4"clean out<2'Solid Flat LID ea 1.00 $199.00 $199.00 6"clean out<2'Solid Flat LID ea 21.00 $315.00 $6,615,00 8"clean out<2'Sbtid Flat LID as 1,00 $489.00 $469.00 12"clean out<2'Solid Flat LID ea 2.00 $483,00 $986.00 4"draintile If 1,099.00 38.61 $11,230.39 6"Dralniile if 430.00 $6.93 $2,979.90 Engineered soils 15"depth sy 2,377,00 $23.10 $54908.70 Clean Course Agg 8"depth ey 168.00 315.20 $2,523.20 Decompaclionl B"depth sy 830.00 $15.00 $12450.00 Class 3 Rip Rap cy 300.00 384.00 $25,200.00 Class 3 Rip Rap cy 80.00 $84.00 $6,720.00 Rock Check Dams 11.5 cy per ea 12 sy fabric ea 43.00 31,000.00 343.000,00 STORM SEWER TOTAL $310,841.89 Mobilization&Trafflce Control Is 1.00 $10,500.00 $10,500.00 Slit fence&Maint If 400.00 31.60 $640.00 Seed&Mulch ac 0.20 $550.00 $110.00 Erosion Blanket sy 500.00 $1.00 $500.00 18"Select Granular Borrow 14' ay 500.00 $18.17 $8,085.00 12"Class 5 sy 440.00 $18.17 $7,114.80 3"Wear Course sy 400.00 315.65 $8.260.00 3"Base Course at 400.00 315.85 $6,260.00 Tack Coat gel 20.00 $2.73 $64:60 Types Fabric sy 550.00 51.68 $924.00 Common Exc cy 500.00 $12.50 $6.250.00 4"Solid Line Whlote Apoxy If 118.00 $1.05 $123.90 4"Dashed Line White Apoxy If 300.00 30.01 $3.00 STREET CONSTRUCTION TOTAL $46,825.30 Kevin Miller SITE GRADING $425,722.50 STORM SEWER $310,641.89 Nyen Companies LLC STREET CONSTRUCTION $686,262.74 3480 Co Rd 21 TURN LANE $46,825.30 Mayer,MN 55360 TOTAL $1,469,452.43 Phone:952-955-2955 Fax:952-9554582 Prairie Restoration Cost Estimate Lakeview Golf Course installation: Project set up and moblgration.-.-......_......_....__.................__........._$16,200 Site preparation(50 acres @$600/aaeJ_..___ $30,000 • Includes up to 3 herbicide applications • Includes a controlled burn • Includes soil prep as needed Seed and seeding PRI Dry Mix(3 acres tail$3,200/acre)..................._.._ $9,600 Seed and seeding PRI Mesic Mix(39 acres CB$2,8CO/aae).,___...._._$109,200 Seed and seeding PRI Wet Mix(6 acres 47$4,700/oae)......... $28,200 Seed and seeding PRI Shoreline Mix(1 acres IP$5,000%onr).........__ $5,000 Seed and seeding PRI Savanna Mix(1 acres $3,800/acre)... $3,800 Mulching as specified(20 acres 49$900/acre) $18,000 Total Install Costs $220,000 ••Options: •5150 Erosion blanket as needed _...................................$1.30/yd Installed ',Additional straw mulching as needed...._ ..L...__ $900/acre *Straw wattles as needed.. _..__ $3.35/lln.ft. *Native seedling plugs............... ............. ... $2.10/plentlnstalled • To be used to enhance high visibility areas • To be used to help establish water's edge areas • To be used to help establish shady areas • 5,000-15,000 plugs depending on budget x:a •Markang trees for removal..........—__�_�._.....................».—....... ' Woodland work: Buckthorn removal/woodland work(9 acres) _..._....._..._..__.r.a :i•C+Zait,r R.Q.W.brushing(1500 Un.Ft.)......... ...........__ _...____...._.....___.. Conservation easement tree removal (132 trees,existing brush pile disposals and new cons.easement areas)1 --° Proposed roadway and ad de sac tree removals(173 trees)..... • Initial removal to be completed winter of 201415 Total Woodland Costs rials --= Management: Annual maintenance estimate: Growing season 2016. _„_$22,500 Growing season 2017..........,._..___._......._......................_._......_.._ $28,750 Growing season 2018_._..._.. $29,500 Prescribed bum 2018........... T81) Budktlwm herbicide overspray management: Fall of 2015...... .. .........._ $3,555+tax Fell of 2016......._.._...._ . $3,555+tax Fail of 2017. _ _ ...._...._._........._.. ..._.......$2,570+tax Please notes Annual maintenance is typically blued on a time and materials basis.Work is billed upon completion until the site's maintenance needs are met(the yearly estimate is not exceeded without prior approval). Also note that the first three years of a restoration are the most audal In terms of needed maintenance. Typically,costs decrease once the restoration reaches a relative level of maturity(after the 3'd or 4th growing season). Total maintenance estimate $90,430 Overall Total Project Cost e r • Includes 3 years of vegetation maintenance • Does not Include any optional Items(I.e.plugs) • Does not include fence removal • Amount of erosion control is variable at this time • Shoreline work is variable at this time EXHIBIT "C" to Development Contract Sign Descriptions Lakeview Legacy Park Temporary Sign A temporary sign application for a 3'x 5'sign has already been submitted with a description of the type of sign,its location and the duration of its use(90 days). One change to the description has been made.Instead of producing the sign on printed aluminum,the sign will be printed on 16-18 mil heavy vinyl and stretched across the cedar frame indicated in the application. If necessary the banner will be further supported by a wood backing sheet.The sign has been discussed with Dave Engelman, owner of the UPS store in Wayzata,and they will produce the banner. Park Signs Given the educational focus,as well as the legacy aspect,signage will be very important to the Lakeview Legacy Park. Much of the inspiration for the use of signs has come from the University of Minnesota Landscape Arboretum as well as Noerenberg Memorial Gardens. Signs are also a key feature in the park plan articulated in Citizen for Lakeview Preservation's 501(c)(3) application and in its fundraising literature. Signs will fall into the following categories: 1) Main Park Sign 2) Interpretive/Educational Signs 3) Tree and planting signs 4) Memorial or dedication signs Main Park Sign At this point SLC and CLP have not finalized a specific design or construction for the main park sign.However it is contemplated that it will be similar to the large sign(approx.8'x 4')approved by Orono for Noerenberg Gardens Memorial Park and located along Highway 51. The Lakeview Sign will be similarly placed along North Arm Drive. There will be only one main park sign. Interpretive/Educational Signs Considerable thought and inquiry has gone into the plan for interpretive and educational signs. The current site landscape plan has 7-8 such signs. These signs will all be of one construction aligned with the standards of the National Park Service: 2'x 3'phenolic resin high pressure laminate(10 year warranty) Traditional Style low profile base with 6 in wide aluminum support posts utilizing 2 in x 4 in aluminum tube with a welded plate at 30 degrees. • A local vendor,experienced in this type of design, has been consulted and will produce the signs. 180976 Tree and Planting Sign 11.:744.107074 ,`� Newly planted native trees will be identified with ' '" i t a 6 in x 8 in engraved plaque mounted on a 4 in. -, , x 4 in.cedar post as currently found at the '' '"' ' {`a T S i h Landscape Arboretum,although with a • �,. somewhat thicker plaque.In some instances the "� 7 a+ :•1�! '. sign will refer to a group of trees. The total [ Y `i ��� • number of signs will depend on the final ` �fr '�.� ►; landscape design but is expected to be in the , � �' \. range of 10-15. 1' � ` f \\ 1,\\*N Some specific plantings may be identified with smaller species markers also similar to those found at the Arboretum. Memorial and Dedication Signs As a legacy park,there will opportunities for donors to honor specific individuals,pets,or events as is also common at the Arboretum.The following signs are anticipated: Stone Benches—There will be 5-6 benches engraved on one side,as depicted in this photo: Engraved Pavers -An area of engraved pavers,either cut into the asphalt `" • t,4•. trail or surrounding a possible small shelter is planned. The initial area will be the equivalent of a 10 ft x 10 ft area. Pavers will be composed of an = � , environmentally-friendly recycle product that can be laser cut and will be .'^ • ;.,,� r. either 4 in x 8 in or 8 in x 8 in. , Bronze Plaques— One or two plaques for specific larger donations may be installed on stones in a manner similar to the following example from the arboretum. The size would be dependent on the `": • ' r,... :. specific usage. ; 180976 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Orono 2750 Kelley Parkway Orono,Minnesota 55356 Dear Sir or Madam: We hereby issue, for the account of and in your favor, our Irrevocable Letter of Credit in the amount of$ _, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated ; 2 , of (Name of Bank) "; b)Be accompanied by an affidavit signed by the Mayor or City Administrator of the City of Orono certifying that is in default of the Development Contract with the City of Orono and that five(5)business days prior written notice has been given by the City to the Developer with respect to the existence of such default,and such default has not been cured. c)Be presented for payment at (Address of Bank) ,on or before 4:00 p.m.on November 30,2 This Letter of Credit shall automatically renew for successive one-year terms unless,at least forty-five(45) days prior to the next annual renewal date(which shall be November 30 of each year),the Bank delivers written notice to the Orono City Administrator that it intends to modify the terms of,or cancel,this Letter of Credit.Written notice is effective if sent by certified mail,postage prepaid, and deposited in the U.S.Mail,at least forty-five(45)days prior to the next annual renewal date addressed as follows: Orono City Administrator,Orono City Hall,2750 Kelley Parkway, Orono, Minnesota 55356, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document,instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable.This is not a Notation Letter of Credit.More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits,International Chamber of Commerce Publication No. 600. This agreement shall be construed and interpreted under Minnesota Law. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation, BY: Its 180976 6/22/15 mpg 18 • r4k CERTIFICATE OF LIABILITY INSURANCE ;A2i2o�5'�Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna Martin NAME; Christensen Group Insurance dPHCNN an, (952)653-1000 I(Nc.Net_(952)653-11D1 11100 Bran Road West ADDR ;dmartin@christensengroup.com INSURER(S)AFFORDING COVERAGE NAIL 0 Minnetonka MN 55343 INsuRER A;Cincinnati Insurance Company 10677 INSURED INSURER B Source Land Development Inc INSURERC: 18215 45th Ave N, Suite D INSURER D: INSURER E: Plymouth MN 55446 INSURERF: COVERAGES CERTIFICATE NUMBER:15/16 Liability Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE WSR.WVG POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYYL LIMITS GENERAL LIABILITY EAC-I OCCURRENCE S 1,000,000 DAMAGETO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 500,000 A CLAIMS-MADE I X l OCCUR BNP 0337213 7/8/2015 7/8/2016 MECEXP(Anyoneperson) _ $ 10,000 PERSONAL$ADV INJURY _ $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,000 X POLICY n JPFCROT- y LILOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acddentl $ ANY AUTO BODILY INJURY(Par person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _"AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) S I S X UMBRELLA LJAB X OCCUR EACH OCCURRENCE _ S 1,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE s 1,000,000 DED RETENTION$ BNP 0337213 7/8/2015 7/B/2016 $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS FR _ ANY PROPRIETOR/PARTNER/EXECUTIVE N I A I E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED'? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe uride: DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Orono ACCORDANCE WITH THE POLICY PROVISIONS. 2750 Kelley Parkway Orono, MN 55356 AUTHORIZED REPRESENTATIVE Brandon Perkins/MH � � ACORD 25(2010105) 01988-2010 ACORD CORPORATION. All rights reserved. INSO25 r7ninn,r m Thea artruz l name.and Innn am ranictarari marlre of Ar`r1Rr1 CERTIFICATE OF INSURANCE LIABILITY & WORKERS' COMPENSATION This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend,extend or alter the coverage afforded by the policies listed below. PROJECT: L iatiN 1. 04- _C)Rokio_. CERTIFICATE HOLDER&ADDITIONAL INSURED: City of Orono ADDRESS: ARCH/ENGR: INSURED: ADDRESS: AGENT: ADDRESS: WORKERS'COMPENSATION COVERAGE POLICY# EFFECTIVE DATE / / EXPIRATION DATE / / INSURANCE COMPANY: COVERAGE-Workers'Compensation,Statutory.Employers'Liability Limit $ Each Accident $ Disease Policy Limit $ Disease Employee Limit ($500,000 Policy limit applies to both accident and disease) GENERAL LIABILITY POLICY# EFFECTIVE DATE / / EXPIRATION DATE / / INSURANCE COMPANY: ( )Claims Made ( )Occurrence ( )Owner's&Contractors Protective ( )Other LIMITS: General Aggregate Limit(Other Than Products-Completed Operations) ----------- Products-Completed Operations Aggregate Limit ..................... Personal&Advertising Injury Limit $ Each Occurrence $ 180976 6/22/15 mpg 19 COVERAGE PROVIDED Operations of Contractor: Yes No Government Immunity is Waived Yes No Operations of Sub-Contractor(Contingent): Yes No Property Damage Liability Includes Does Personal Injury Include Damage Due to Blasting Yes No Claims Related to Employment: Yes No Damage Due to Collapse Yes No Completed Operations/Products: Yes_ No _ Damage To Underground Facilities Yes No Contractual Liability(Broad Form): Yes No Broad Form Property Damage Yes No ._ EXCEPTIONS: AUTOMOBILE LIABILITY POLICY# EFFECTIVE DATE: / / EXPIRATION DATE: I / INSURANCE COMPANY: ()Any Auto ()All Owned Autos ()Scheduled Autos ()Hired Autos ()Non-Owned Autos LIMITS: Bodily Injury $ Each Person/$ Each Occurrence OR Combined Single Limit$ Property Damage$ Each Occurrence UMBRELLA EXCESS LIABILITY POLICY# EFFECTIVE DATE: / I EXPIRATION DATE: / INSURANCE COMPANY LIMITS: Single Limit Bodily Injury and Property Damage $ Each Occurrence $ Aggregate COVERAGE'PROVIDED: Applies in excess of the coverages listed above for Employers'Liability,General Liability,and Automobile Liability: Yes No Are any deductibles applicable to bodily injury or property damage on any of the above coverages? Yes No If So,List Amount$ AGENT CARRIES ERRORS AND OMISSIONS INSURANCE: Yes No Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days notice to the parties to whom this certificate is issued. Dated at: On: By: MN License# Authorized Insurance Representative 180976 6/22/15 mpg 20 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT and PLANNED RESIDENTIAL DEVELOPMENT AGREEMENT SOURCE LAND DEVELOPMENT, INC., a South Dakota corporation, fee owner of all or part of the subject property,the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this .20 day of August,2015. SOURCE LAND DEVELOPMENT,INC. By: .. Patrick u -r -_ Its Chief Financial Officer STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this Xday of August, 2015,by Patrick Hiller,the Chief Financial Officer of Source Land Development,Inc.,a South Dakota corporation,on behalf of said corporation. AMY JEAN WILLIAMS Notary ublic " My Notary Public,State of Minnesota �£ Commission Expires " '�` January 31.2018 DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road,#290 Eagan,Minnesota 55121 (651)452-5000 SMM/jmo 180976 21 March 10, 2020 City of Orono 2750 Kelley Parkway PO Box 66 Crystal Bay, MN 55323 To Whom It May Concern: My husband and I currently live at 4710 Augusta Street, Orono, MN 55364 in the Lakeview of Orono subdivision. Our home currently resides on lot 10 block 1. We would like to express our concerns regarding the proposed changes to lot 15 block 3 on St Andrews Street. Our concerns are as follows: 1. We carefully chose our lot with Source Land Development representatives to ensure we maximized our privacy. During our conversations and tour of the subdivision, it was explained, and documents were provided which illustrated where the home on lot 15 would be positioned and the conservation/septic areas would be. This is the only reason we selected lot 10. We had 3 additional lots that we were interested in at the time. 2. Due to the expected privacy on lot 10,we paid a premium price for the lot. Had we known that lot 15 would be modified we would have chosen another lot that fit our privacy expectations and would have been significantly less expensive. 3. Based on the positioning of lot 15's future build plan,we positioned our home accordingly to maximize our privacy. This was carefully planned out during our home design process with Norton Homes. During this process,we positioned our master bedroom and large windows with the understanding that they would be facing a conservation area on lot 15. 4. When we asked about adjusting other lots and lot 10's conservation and septic sites,we were told that this was not an option and the city would not approve the changes. We hope that this will be the same with lot 15. 5. We feel that our lot and the positioning of lot 15 were misrepresented to us as homebuyers. Once our home closed the changes to lot 15 were proposed to the city. The developer and builder were not transparent regarding the potential changes and have done a great disservice to us as homebuyers. We appreciate your careful consideration when reviewing the proposed lot changes in the Lakeview of Orono subdivision. As a current homeowner we are very concerned with the lack of transparency and misrepresentation. Regards, Brad and Amber Eader RECEIVED MAR 1 0 2u;:U 4741, CITY OF ORONO 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#LA20-000012 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 28th day of February, 2020. Anne Hentges ADAM J CARVER&KAREN CARVER 545 LAKEVIEW PKWY ORONO MN 55364 BRADLEY&AMBER KEMNITZ EADER 4710 AUGUSTA ST MOUND MN 55364 BARRY L&JANICE R HAGLUND 4590 NORTH ARM DR W MOUND MN 55364 BRYCE V&PAULA R JOHNSON 580 NORTH ARM DR MOUND MN 55364 CHRISTIAN&TINA NORTON 515 NORTH ARM DR ORONO MN 55364 CHESTER F&HOLLA A BROMAN JR 4645 ST ANDREWS ST MOUND MN 55364 CHRISTOPHER&PATRICIA A KONING 795 LAKEVIEW PKWY MOUND MN 55364 CHRISTOPHER T&AMY M EVENSON 780 LAKEVIEW PKWY MOUND MN 55364 CONNIE K PIEPHO 540 NORTH ARM DR MOUND MN 55364 CRAIG D&KIMBERLY K LICKISS 425 LAKEVIEW PKWY MOUND MN 55364 CRAIG E&STEPHANIE M O'HALLORAN 650 PINEHURST CT MOUND MN 55364 CURT SWANSON HOMES LLC 1360 HAMEL RD MEDINA MN 55340 DANIEL&LINDA IVERSON 4640 NORTH ARM DR MOUND MN 55364 DAWN PAIGE&ROSS LOREN LEWIS 4705 AUGUSTA ST ORONO MN 55364 LAURA SANDEN&DANIEL SANDEN 4505 WEST BRANCH RD MOUND MN 55364 DANIELT CONLAN 4730 AUGUSTA ST MOUND MN 55364 DINGMAN CONSTRUCTION INC 9010 90TH LANE GREENFIELD MN 55373 DONNA E HAGER 4580 W BRANCH ROAD MOUND MN 55364 GRANT GB&AMANDA RUSIN 725 LAKEVIEW PKWY MOUND MN 55364 GARY W &MARSHA GRONNEBERG 465 LAKEVIEW PKWY MOUND MN 55364 HARRIET C SMITH 370 NORTH ARM LA MOUND MN 55364 JOSHUA&STEPHANIE BURRIS 4350 LAKEVIEW CT ORONO MN 55364 JOSEPH R&DONELLE L FELDMANN 805 FOREST ARMS LA MOUND MN 55364 JEFFREY S&LIZA J MAJKRZAK 770 LAKEVIEW PKWY MOUND MN 55364 JANE E KLINE 4455 WEST BRANCH RD MOUND MN 55364 JEFF&KARA MOLINE 680 PINEHURST CT MOUND MN 55364 JONATHAN J&SARAH M W AMMERMANN 420 LAKEVIEW PARKWAY ORONO MN 55364 JUSTIN S CRANDALL 495 NORTH ARM DR MOUND MN 55364 KARLIEN DE CLERCQ&ALEXANDER CAUSELS 6811 LILY LA EXCELSIOR MN 55331 KWANG H SHIN 645 NORTH ARM DR MOUND MN 55364 KIRBY CONRAD&TAMARA HANSON SNEEN 765 LAKEVIEW PKWY MOUND MN 55364 LUKE C MILLER 4640 WEST BRANCH RD MOUND MN 55364 MARK J&M LARSON 366 NORTH ARM LA MOUND MN 55364 MARLON LEE&JACQUELINE LEE 600 PINEHURST CT MOUND MN 55364 MATTHEW DAVID HOY 500 NORTH ARM DR MOUND MN 55364 MICHAELA/THERESA C EASTMAN 4520 WEST BRANCH RD MOUND MN 55364 NORTON HOMES LLC 775 LAKEVIEW PKWY MOUND MN 55364 RICHARD&JENNIFER JOBIN 13198 DANUBE LA ROSEMOUNT MN 55068 RICHARD W&MARY L SLADEK 420 NORTH ARM DR MOUND MN 55364 RENE STERNAU 440 NORTH ARM DR MOUND MN 55364 STEVEN&MELISSA BAKLUND 650 NORTH ARM DR MOUND MN 55364 SANDRA J&BRIAN R GIRARD 680 NORTH ARM DR MOUND MN 55364 SOURCE LAND DEVELOPMENT INC 18215 45TH AVE N STE D PLYMOUTH MN 55446 THOMASJ&SUSAN J WANNER 460 N ARM DR MOUND MN 55364 TIMOTHY PELLIZZER&BRENDA JOHNSON 520 NORTH ARM DR MOUND MN 55364 VICTORIA ESTATES HOMEOWNERS C/O THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 UD • .;. f G e r y a T • (•. 1 { - e E 2 ,.'7''''' , ,. ' - 1:,, ' 4!', = :1 I:Z*0-- . Y/ k..: ftte/p tN 1 l \ 444t' }}' 2 �,`!& �Pro. ii, ,; . , 3 - \ - . 1 A u.1.u„y•4�; '.. '1' x s.. .' ' a.-4, :: 1,6.,'' '„,,,,, ,, , --.:-.- -..- , , ' ' :,,,Y „.),66. E CA bny : � 1;10 " xx34C1S. �. .. . . , _} ' :' -1, ','' : ' f ... _ h- � .t `3r , F,; rt , d . ` ., w«..{ � # 2 tt� - - .. .,...,.,. lAeOa�.0ogXyIYx , 6 - m C` ILo�' . g' ;32z.e.b ia', a' Date Application Received: 02/18/2020 . ! ` Date Application Considered as Complete:02/27/2020 "L0�\O 60-Day Review Period Expires: 04/27/2020 y •VV To: Chair Ressler and Planning Commission Members ` Dustin Rief, City Administrator G~ From: Melanie Curtis, Planner MGG Date: 16 March 2020 Subject: #LA20-000017, Paul Vogstrom o/b/o Bill &Sue Dunkley, 2709 Walters Port Ln, Variances Public Hearing Application Summary: The applicant is requesting lake and average lakeshore setback variances to construct an addition on the street side of their home. Staff Recommendation: Planning Department Staff recommends denial. Background There was a fire in the home in 2019 and the owners are remodeling the interior of the home, including upgrades to the mechanical Heating,Ventilation, and Air Conditioning (HVAC)systems in the home. The applicant is requesting variances in order to construct a two level (basement and main) 11' 9"x 6'3" (73 square feet) addition to the street side of the home to accommodate a larger mechanical room in the basement level. On the main level the addition will include additional kitchen space. While the addition is on the street side of the home,this portion of the home is entirely lake-ward of the average lakeshore setback and within the 75 foot lake yard, the addition will add 3 square feet of structure and hardcover within the 75-foot lake setback. Variances are required. Practical Difficulties Analysis Applicant Submittal Information:The applicant has suggested that the need to install larger HVAC and electrical equipment are practical difficulties supporting the requested variance(s). Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty, Staff finds the variance request to be one of convenience.The home on the property is 10,700 square feet in footprint area,significant portions of which are under re-construction due to the recent fire.As a result of the fire,the entire (original, eastern portion) house main level and 2nd floors are being demolished to the studs. As part of the rebuild,the existing HVAC and electrical systems are being replaced/upgraded and due to the clearance spacing required by code additional space is needed to accommodate these utilities. Rather than repurposing space within the large home, the applicant is proposing additions which increase the volume and footprint in a non-buildable area on the property. FILE#LA20-000017 16 March 2020 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: LR-1B Required Existing Proposed Addition Rear/Street 30' 55.5' 78' NW Side 10' 45.6' 61' E Side 10' 10.5' Wetland 25' or MCWD This setback is met. This setback is met. buffer 33' Lakeshore 75' 23' deckhouse 72 Average Lakeshore The entire addition project is±70 feet lakeward of the average lakeshore setback line. Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 101,510 s.f. (2.33 acre) ±231' @ 75'/ ±411'@ OHWL Section 78-1403-Structural Building Coverage: The property exceeds 2.0 acres therefore the structural coverage limitation does not apply. Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Proposed Overlay District Zone Hardcover Existing Hardcover Hardcover Tier Tier 1 101,510 s.f. 25,377.5 s.f. 20,866 s.f. 20,455 s.f. (25%) (20.5%) (20.15%) Much of the existing hardcover is within the 75-foot setback.The submitted hardcover numbers do not separate the 75-foot hardcover from the whole lot calculation. The proposed addition will add 3 square feet to the 75-foot setback hardcover/structural coverage. Applicable Regulations: Average Lakeshore Setback; Lake Setback; Hardcover within 75-feet of the OHWL Variances (Code Sections 78-1279 and 78-1680) The applicant is requesting variances in order to construct a 73 square foot room addition to the street side of the home to accommodate a larger mechanical room in the basement level and added space off of the pantry/kitchen in the mail level.The addition will add 3 square feet of additional structure and hardcover within the 75-foot lake setback;and will be entirely lakeward of the average lakeshore setback. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and FILE#LA20-000017 16 March 2020 Page 3 of 5 anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. § 216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the zoning ordinance is to preserve the lake yard from development and the average lake shore setback area from view impacts. While it can be argued that the existing home negatively impacts those goals, it is well held in Orono that non- conforming structures may be replaced in kind,but not expanded into protected areas, in particular the lake yard and the average lake setback. Given the constraints of hardcover, structural coverage, setbacks, height limits, applicants throughout the community must make choices about what is important in their project. The applicant proposes an addition to the existing 10,700+ square foot home as a matter of convenience without consideration of the rules and development guidelines outlined in the Zoning Code; the necessary space for the HVAC and electrical upgrades can be located within the building footprint or in a conforming location on the property.The proposed variances are not in harmony with the purpose of the Ordinance. This criterion is not met. 2. The variance is consistent with the comprehensive plan. The applicant's proposed addition results in a number of variances of convenience which are 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 applicant's proposed plan exaggerates an existing challenging footprint location and is unreasonable; solutions exist which would be more in line with the rules and development guidelines outlined in the Zoning Code.This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The applicant have the opportunity to reconfigure the existing space within the footprint or construct the addition in a conforming location elsewhere on the property.This criterion is not met; and c. The variance will not alter the essential character of the locality. The applicant's attempt to expand the footprint in a nonconforming location is an intensification of use and while it may not alter views of the lake from adjacent properties it will increase the mass on the property near the lake.This criterion is not met. FILE#LA20-000017 16 March 2020 Page 4 of 5 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 may not be the only determining factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as an addition to a residence is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This criteria does not apply. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicant has not identified special conditions which support the granting of the requested variances.This criterion is not met. 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 special conditions which support the granting of the requested variances.This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The purpose for granting the requested variances would be solely for the convenience to the owners. While the tragic fire has triggered a substantial rehabilitation project, the substantial right of the property is allowed without the variance,in the form of the existing structure. This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.The applicant did not prove that the health safety,and comfort can be maintained with the variance. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Practical difficulties have not been identified which meet any of the practical difficulty criteria; it appears the purpose for granting the requested variances would be solely for the convenience to the owners. This criterion is not met. 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? FILE#LA20-000017 16 March 2020 Page 5 of 5 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 Analysis of the applicant's practical difficulties statement does not yield justification for the variance. Planning Staff recommends denial of the requested variances. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Applicant's Practical Difficulties Documentation Exhibit C. Letters RE: Utility Upgrades Exhibit D. Proposed Survey Exhibit E. Staff Annotated Survey Exhibit F. Proposed Plans Exhibit G. Submitted Hardcover Calculations Exhibit H. Photos—by Applicant Exhibit I. Aerial Photo Exhibit J. Property Owners List Exhibit K. Plat Map Land Use Application Summary Application Date: 02/18/2020 Address: 2709 WALTERS PORT LA EXCELSIOR, MN 55331 Parcel Number: 2111723230059 Land Use Number: LA20-000017 Application Submitted By: Agent on behalf of property owner Owner: Name: WILLIAM M& SUSAN K DUNKLEY Address: 3405 ANNAPOLIS LA N#100 PLYMOUTH, MN 55447 Applicant: Name: Paul Vogstrom Company: Paul Thomas Design Build Address: 10231 Beebe Lake Road Hanover , mn 55341 vogstrom@gmail.com Contact Information: Associated Contact: Paul Vogstrom vogstrom@gmail.com Associated Contact: WILLIAM M & SUSAN K DUNKLEY Associated Contact: Associated Contact: Project Description: Lake and Average Lakeshore Setback Variances Land Use Application Type: Amendmend Application Li Appeal of Admin Decision D Concept Application J Conditional Use Permit L i Site Plan Application Subdivision Application Ci Subdivision Exception Li Vacation Application Li Variance Application i Applicant Signature: _,_ Subject Property: LA20-000017 Dunkley Residence 2709 Walters Port Orono, MN 55331 To Whom It May Concern, This application is submitted for the reconstruction of the existing residence at 2709 Walters Port Lane due to extensive fire damage which occurred on October 11, 2019. The home interior has been removed to the studs. A section of the roof trusses will need to be replaced. The exterior wall where the fire started has to be removed and replaced. Electrical and mechanical systems were destroyed by the fire and need to be replaced. The existing Lite Touch electrical system will need to be upgraded as the manufacturer is out of business. The new Lutron system will require more space to be in compliance with electrical code. Additionally, the HVAC equipment also has to be replaced and will require additional space. For these reasons, applicants are adding an 11'9" x 6'3" utility room as indicated on the submitted plans to accommodate these new systems as they would not meet code compliance with the existing footprint. See also the uploaded letters from Norske Electric and AS&W Mechanical. The 11'9" x 6'3" space will extend to the main level of the home and a small 3- square foot portion will fall within the 0-75' setback from the manmade seawall at the channel, not the lakeshore. Due to the 0-75' setback, a variance is required. Regards, Paul T. Vogstrom Paul Thomas Design Filename: dunkley variance Directory: C:\Users\Paul Vogstrom\Documents Template: C:\Users\Paul Vogstrom\AppData\Roaming\Microsoft\Templates\Normal.dotm Title: Subject: Author: Paul Vogstrom Keywords: Comments: Creation Date: 2/26/2020 6:42:00 PM Change Number: 2 Last Saved On: 2/26/2020 6:45:00 PM Last Saved By: Paul Vogstrom Total Editing Time: 3 Minutes Last Printed On: 2/26/2020 6:52:00 PM As of Last Complete Printing Number of Pages: 1 Number of Words: 211 (approx.) Number of Characters: 1,209 (approx.) PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000017 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: yes 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: the existing home had extensive fire damaged. HVAC needs to be replaced new HVAC is larger than previous. so additional space is needed to accommodate equipment 3.The variance, if granted,will not alter the essential character of the locality. Response: no 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: no 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: N/A 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: variance is necessary to rebuild home due to fire 11.The granting of the proposed variance will not in any way impair health,safety,comfort, morals,or in any other respect be contrary to the intent of the Zoning Code. Response: no 12.The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: variance is necessary to rebuild home due to fire Norske Electric, Inc. 02/24/2020 3540 Kilkenny Lane Hamel, MN 55340 952-443-4113 To Whom It May Concern: We are involved on the rebuild of the Dunkley residence located at 2709 Walters Port Lane. The existing electrical system consisted of(4) service panels and 9 Lite Touch lighting control panels in the basement level mechanical level. Lite Touch is no longer in business and the system needs to be upgraded to a Lutron system. The Lutron system requires much more space and with that we no longer are in compliance of working clearances. See below: 110-26 of the National Electrical Code (NEC); 1) at least a 3-ft clearance in front of all electrical equipment;2) a 30 in. -wide working space in front of equipment operating at 600V or less; and 3) minimum headroom clearance of 6 ft or the height of the equipment, whichever is greater. Please feel free to reach out with any questions. Sincerely, Brevik M Tharaldson President Norske Electric, Inc. &-LI --- MECHANICAL CORPORATION January 25, 2020 To Whom It May Concern: We are the mechanical contractor for the Dunkley's residence located at 2709 Walters Port Lane, Excelsior, Minnesota. We will be involved in the rebuild of the house. After viewing the mechanical room closely, with equipment eing replaced that was damaged in the fire to be like for like we will not be able to meet the Minnesota Mechanical Code Book. The state requires a 36" clearance from any electrical component and the mechanical code requires an 18" safe serve in front of all of our equipment. At this time, all proposed equipment replacement will not meet with mechanical code and further will conflict with electrical codes. Further there are code changes that conflict with the current equipment. Currently, the mechanical room has 4 geothermal heat pumps to serve the home for heating and cooling and a buffer tank to draw the water from the underground well as a closed loop to go through the boilers. With the code changes, we will have to add a makeup air unit, an ERV and an additional system due to the complexity of the home and having to separate any living spaces from the garage with separate units to eliminate any subject of mixing the air quality with carbon monoxide from automobiles. Please let me know if you have any question. Ashraf Wahba AS&W Mechanical Corporation 612-850-4409 I CERTIFICATE OF SURVEY FOR yA%, BILL & SUE DUNKLEY _ 77 I OF LOT 1, BLOCK 1, PENCE LANE ADDITION f . HENNEPIN COUNTY, MINNESOTA \y I j. i n I — ee / I I •f,' \ /i 1 0 30 60 120 / j h ..r.►..= R `-ae. UUTLCfi'f. g SCALE IN FEET I / -- N 89.08'00"E 11991 L— I— ¢ syn 2I i 0J(t I. a sL..e �I.\> us ,. I EXISTNG LEGAL DESCRIPTIONS: - 1 Lot 1,Block 1,PENCE LANE AOOITION Is y s... e. denotes Judicial landmark found 1 - - -- ' 1 •. denotes iron marker found ' warms `7 Ig \ l o. denotes iron marker set .-3I -I 3; -_\ \ I 1a \I tri ooe.J): denotes exilsing spot elevai[on,mean sec level datum �� rF.tt I tl t elevation �' I`14.„.... \I 1 : denotes proposed spa 'CI: � I I 1 ---917--: denotes existing countour,mean sea level datum 0Z _1 • X1- - 'I -...-1=--: denotes proposed contour line `ro n -,,R4\ 1 1\ This survey intends to how the boundaries of the above described property,and H+ , '0,4'1 the location of existing house,retaining walls,drives,spot elevations,topography, .r.' m } \4\\\ 'Is visible"hardcover,and the proposed location of a proposedcaddition thereon. 'I a It does not purport to show any other improvements orencroachments. y ^s a.aa�r. twwx st /1 .1 (�i ly « � a2, 0 // N1rit .a : wks u i PIM R=10.00 ioc�nw>0,T.,"oases: \' i % pl/ l•a On S 89°2J'17"E ry r a"ruaa oeran i.i 0011.11"...17 (E)��S��' �P r A ' \ � ��" I' 75' SETBACK FROM ii.,, 9 �J CHANNEL/LAGOON GARAGE N EXISTIN � FLOOR= � BRICK � (947.0) 1 23 DRIVEW M)� o 1 (Q) RET, (D) PROPOSEi �wow -...—:--.1. ..",..LvALL ..p. N - is/44i �A., 1 � -- — — (o)i ADDITION N., s�t , ��PROPOSED 1 Cr) c� 625 . .- N. (P)ç DECK N/\ J '' .59 B.°‘ 1 /i t8, EXISTIN( VEY � COVERE �., � STOOP (F) �' NATIO � �J (K) 6p 100 451 \ \ 3,, ALKOUT RJ \,N,.:r ,,, gT/RE HOLD= \ : (9¢ l'' (940.8) g CERTIFICATE OF SURVEY FOR Vii, BILL & SUE DUNKLEY 1 OF LOT 1, BLOCK 1, PENCE LANE ADDITION 1 ' yds HENNEPIN COUNTY, MINNESOTA i 1 I I A1 0C L, y q I / I 0 30 60� 120 / I 1 rN+.w. / N m� 1 mac+,. OUT LOT',. 1 SCALE IN FEET --' _ 7 / -..:',.....'......5 6998.06^E 1 ra99 T - 1 Annotated by Planning Staff I r / 21 -sQ EXISTING LEGAL DESCRIPTIONS -y_ - - \ .• Lot 1,Bock 1,PENCE LANE ADDISON I fib. e: denotes Judicial landmark found ! -1- - -- EI \ y jk o. denotes iron marker set H i -1 -- ;zr - I �6 \ 0063): denotes exltsing spot elevaiton,mean sea level datum '�7% �• T\ 1 Ea: denotes proposed spot elevation �' _ •[ \I 1 t1 _.�..,, _ �_ I I 917---: denotes existing countour,mean sea level datum 0 J 'Ay, I t zr: denotes proposed contour line -44 '7__A4\ \:T. II \\ tt. l This survey intends to how the boundaries of the above described property.and t-it". / A i\\\R\\\ `i the location f existing house,reloining as,drives,spot elevations.topography, 9m III VMVR° 4 t and visible"hardcover,and the propo dr,location of a proposed addition thereon. t I4 It does not purport to show any other improvements or encroachments. t z ~\4 1t1 rn y• R=10.00fano m• - + 1 / '1(.I' p•I .7",,Zc: d=90.00'oo•'-,.,\. t" --S R9•27'17.E cw+u�w m I 1 //tt. '' t;- Is T/' rK "CY L=15.71 I encs /e \�� ft --ss=--- d ' /I 'na RI woe 1 , / 1 , ac.. WA I __� „,/,`..,<..J.,7( ul wosEn oanoue -i—; I ... (-TFC ,} .w � ��M. �� _ n �, + ..q �pk" E j ' i - -_- .v^ �ak� .4. • \ gb In VvAthn>S E ion 5 ' "/ i-(�p'� / _II lI. footeetbeck • II11�� 141. / li l 'I • FI t �1 1 �, / `- t a[ a 8 \ \. „ LO 1 / y -HOUSE ,.//// i// i d'.,� z7O9 V ° b. B;A) ' — __..-11.1-' �' \\i\ , t\ \\'\\ . -', s /r °tel 77 �.q7, ci �\ �`\\\ 1 t tt Y sr;/ EXSTNC /��I ,/ '/ 1 / 1 \\flit \ \\ , ' EE,r.,Q/G,j I+ fj'.1 // u=[�(ou j p \\v\./ , ./, "I\ M�i2710 ..], /` 1 i 1 11 &R 1 v e'� ./11 LOT 2 ���, LAKE \\I\-see\ \� ..�. \i'',\\\'''\'' 11\\r,\; / %� �o ✓+ I/ lE �p EXISTING , A t\\1\ {' a`"� /0 HOUSE MINNETONKA I /1\t,\I\ ,; I \ bore CARMAN'S BAY >4 \r V I hereby to./that tthin:Ln.m XY:a n report PROJECT GRONBERG & ASSOCIATES, INC. w that ed a Eui'L' vdeo 1„,, >-i6-re CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS wew r.rm nawuw•ww ue mew uws bee rat -Gr.ed LaMB y - �,N„(�/'may/. � 1'el0' 145 NORTH WILLOW DRIVE LONG LAKE,MN 55356 ,-.-w 'nowove.meow Mark S.Drones, Minnesota Lim Numb.12755 20•314 952-473-4141 /i---7 ,_.. --_-_8 ------__ / / --', z:--.-- --_ --- ?, S. /21f ; --- / k4_,, _-/ 7.;'• /,,,,, Mg rz,./., ", ,. ii ;\ -- *t,,, 4s, / ......0 // 1: / `---,,,„//. -. --- 2,). ite / 4,,::/-,,s; ---____ ,il '- _/_/Aeip.r.,.,„ . / .,.,;/ , / / , / '14/1 / "/--s--,./ i -- /• . .---,,,::6, /,is // d ji.„, , - ..-.-- , . _.,,, ,,,•*' fi ---../ /7/5 ------4_ ,,,, ifit.'`Ii. (1-J--- / /---&'''..,<,,4 '40 ,, __.- > tll -11 /tf-',,n4 r. .‘ 4--,_. ..:„„..>„.„, / / • ( -) -,,--__/\-ts„ ' I/,/' --!-- Zi —(11 C 7i/ -__, '' 744iVir Zi / / ----;%- ----._ , / / i ' -•;;-i: ' ..., z 1 , m 0 Z > I / i ,-1: /:il i - ---,,.----_,/ ///, au.--• / > ' /loo ."`-'''-1,--' - to ((:.__,/' dt, © -,=.-.---,,/,„ 4,111 1 / I --0 / -/---, rri I— 11, , ' 1 , 1 II I 1 1:1 L r........... I.11 j A 1 •71 1:11:11P=IM,,. ----- 4 <, . FREI • i-- .....1 (' '',. •"."' - ''' a' _ " A :7, imi 1 i\ig 1 71 __../ ., ' 1.,_4 ADVVOIS -4 ' iesSignen vlarjaiNWEINMI:'-N<''', 1‘,`,.>,•<",,'2:,_,' DESIGN BY: Bill & Sue Dunkley — Paul Thomas Design 612-250-9400 2709 Walters Port _‘ Date: 2-12-20 Orono,MN 55391 �� 7 i' N 4/ /, / /' \ � �� /8/ / -A //z.„ / / / , z ' tAP/ - / / „ 1----''' il m/ „i -��� �a*',,,,' V,/ a 1,-- /--------,,,_ ari, , ) / I% a•, / / V /� // £4 ar\,\- I U til z / '''. 4 '--%„4,..,,„^', r----------, ;'_/=-/-- '..--111k317,,,'/''' ' Z 0 f �'' / / Z_/,' ,,,,_._ * s,.._., /A :// - 'X /o ,0' / „-0 , / , / ,/ ; z / i� 6 / / %, oa ` „ -' ;' // T Lo=s ��V / % \� 1; _.4 A fir ( l m m „I T.. . LI 3 S E (1-,-:\ 'F ,, go 4 a11i s sic ., .:-.. (—sassm wt m'a ouvevd ti t,e i :: G ) o n ia'ar s z,d-s 1 Ow. s s .o_i s: ' ei ot a _ ____ _ _ if :rasr+vu1.resc IQ, DESIGN BY: Bill & Sue Dunkley Paul Thomas Design 612-25o-940o 2709 Walters Port N Date: 2-12-20 Orono,MN 55391 City of Orono ,,�oNo Hardcover Calculation Worksheet err r /, .6 e 0('K /, P F,vC'F Z i&-'E` A'7 J i T/O/L Property Address: 2 70 2 WA t,TE/Lr OaA7- LA/LC (A/44- 0 1uF DI/4_ktFy,) c f`'r „oma' Prepared by: Date: GRorv,8ERG tAl' u /4rFp, //./C. 7 23 -r9 Stormwater Quality Overlay District Tier: (Circle one)(Tier] 2--Tier 2 Tier 3 Tier 4 Tier 5y�z o Step 2:1BQpOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key tSurveo Hardcover Item (Describe) Length x Width Total Y— (Square Feet) (Example) (Garage) (24'x 30') . A - A/az(T4 (r'x- rr. c.C) (720 SF.) B ro✓EAEa $'ro p t/ _ !O, 70 y S.F. $$ S.F. C D /f t8E/�c RSr+«�ov",/1 S.F. lAVFre 4 Co. ic. IAtUEw[7 (l�oAolre) 7y 62 S.F. E 37e PY N 4-we " 7`' S.F. F DF('K r/ 3 6 O S.F. G Ti-ooP f ROce.-k1) /i 2 & S.F. H 57-rt,r 0-L✓At lit' f'I / 3 2 S.F. I ---)erer .r . . 2 J4 r s /f (1 c L-'c 0 cM a✓f _iy S.F. J S//FD .. S.F. 0 K PAT/p �� L /Qf7.f/.4f.tiC- lu.((t1' /. 7y91 . S.F. M �o,PD<R S 777- /`�8f/f, G ,frr►o► = S6 3 S.F. ” /o y S.F. N .004-41E-0‹ O eX /, S.F. 0 3-AJR,r4. rrIIAc4FE- (P/t0/,2tre ) 36 S.F. P -__,-_fid e_K fi 8 7Z S.F. Q /Frim//NG Usti c r r' 5-Y7 S.F. R fiiheti tv4 fno-d----- F xt 177'VG (66I uG D/c-O) - S.F. S STFP S 3 3 S.F. T APO/7-1 as./ (/it aeoire) 7 3 S.F. U S.F. V W _ S.F. X S.F. YS.F.' S.F. Z S.F. (1) Total Proposed Hardcover 2/,56$ S.F. Excludable Hardcover(See City Code Sec 78-1684): L - ACTAin/ra/G 14'J 5 Ex/rr„.-F SS_? S.F. GZ 1FrA/Niw a /.Ve/t r "0/.1,4r_1(1/] , 5Y7 S.F. S.F. S.F.- 1 S.F. (2) Total Excludable Hardcover //1 0 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)1 20. Y (4) Total Lot Area /0/, S3'✓� S.F., ,0 S.F. Proposed Hardcover Percentage ((3)+(4)] 2 O. 1,51; ill 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 wilt prevail Page 19 • .. r�r airMyx p 3 r xr y.f 4 ry$ h. 4t� { s r ■ r r _ 3.-,-.,--'T'-T.1--:•-_-„,„,-.,_____,-_-, ,,,-_-,-,.:-_, tgx - _ 4 � f �� Za � � s3 f ce•_'' '.. ;€aFy 1 • -;zax 'ti • fY, . I 14 _ il ill cr 1 s;, tii - / r a 7 ' #% , - '.-7----, 41, I '*40 h, u il , Sys. gg may,, } tij �. 7».5 '$'•.- ( °. ti.. 'L'y� -.• �,.. aa srt$4$4,_ iktt- _.tiv,t a—44 ". r,. ate' ` ' } . 6 E 1 Via ' al 1. 1_� . _.._.,._ , „�.m.-. _� Addition location � ,. w T r. r 3 : 1 ; ' . k r `.3 "'1'. r i sr 7F-1,7:_k.ter __ A ''6 '." ‘.,,,,,,, .._ 1 '. ,ef....., . i ' , . 2 T�' � � � � yet ' -� Y . A 51 1`+7 . y I i r'y"LYf� e 4 ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) Dili C rvi [le el em,of c� 0 (,L�c',M Cl! .5 irf1- Z.a.A [print name(s)] J [print address) have reviewed the, plans for the proposed improvement or proposed use of the property located at a? 0 We. 1 r1�f all 1r also referred to as Land Use Application No. ill-Oo( I "7 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. / �7 d',A. ice,,_• Propertyowner Date s 6 Property Owner Date If you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. fil�llll4Ml111.11 f AlilMflilH/MMlllHi`4111/lf ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we), r'j c. n .E..1,2dhoth O of O !e nr%e 1611,e [print name(s)] [print address] have review the plans for the proposed improvement or proposed use of the property located at o2+]G7'I u art Ltcrie also referred to as Land Use Application No. a -o o OD 1-7 I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are)aware of the improvement plans an that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. January 2020 RUN DATE:02/18/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 14 0004 38 21-117-23 23 0013 38 21-117-23 23 0032 J&J BERG JOHN EDWARD HALL M J O'BRIEN&J D O'BRIEN 2655 LYDIARD AVE 2705 PHEASANT RD 2684 LYDIARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JAMES BERG JOHN EDWARD HALL MARY JOSEPHINE O'BRIEN 2655 LYDIARD AVE 2705 PHEASANT RD JOHN DENNIS O'BRIEN EXCELSIOR MN 55331 EXCELSIOR MN 55331 2684 LYDIARD AVE EXCELSIOR MN 55331 38 20-117-23 14 0007 38 21-117-23 23 0014 38 21-117-23 23 0033 MARK TAYLOR&MARY A TAYLOR PHEASANT LAWN HOMEOWNERS ALEXANDER L JOHNSTON 2697 KELLY AVE 38 ADDRESS UNASSIGNED 2700 KELLY AVE ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 MARK TAYLOR&MARY A TAYLOR PHEASANT LAWN HOMEOWNERS ALEXANDER L JOHNSTON 2697 KELLY AVE 2700 PLEASANT RD 2700 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0008 38 21-117-23 23 0017 38 21-117-23 23 0034 MARK D KIEPER TRUST ET AL MICHAEL J CULLEN ET AL PETER J&RACHEL M PLUIMER 2695 KELLY AVE 2700 PHEASANT RD 2710 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MARK KIEPER MICHAEL J CULLEN PETER J PLUIMER POLLY KIEPER 2700 PHEASANT RD RACHEL M PLUIMER 2695 KELLY AVE EXCELSIOR MN 55331 2710 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0009 38 21-117-23 23 0019 38 21-117-23 23 0039 B W HOUCK&M A HOUCK L W GETLIN&D I GETLIN ANDREW J MCDERMOTT III 3225 CARMAN RD 2690 PHEASANT RD 2702 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 BENNETT W HOUCK LAWRENCE&DEBORAH GETLIN ANDREW J MCDERMOTT III MELISSA A HOUCK 2690 PHEASANT RD 2702 WALTERS PORT LA 3225 CARMAN RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0010 38 21-117-23 23 0020 38 21-117-23 23 0040 JON&KIRSTEN NIELSEN TRUST M A&K M DOLLIFF T R&W W STORLIE 3245 CARMAN RD 2680 PHEASANT RD 2701 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JON S NIELSEN MATTHEW&KATHLEEN DOLLIFF TED R&WENDY WEIHE STORLIE KIRSTEN R NIELSEN 2680 PHEASANT RD 2701 KELLY AVE 3245 CARMAN RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0011 38 21-117-23 23 0024 38 21-117-23 23 0041 D M HECTOR&B K BOHN-HECTOR M T&M C JORGENSEN JT LV TR C MORIN&T M SREPEL 3265 CARMAN RD 2725 PHEASANT RD 2699 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 D MARK HECTOR MICHAEL T JORGENSEN CHARLES MORIN BONNIE K BOHN-HECTOR MARGARET C JORGENSEN TANYA M SREPEL 3265 CARMAN RD 2725 PHEASANT RD 2699 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0012 38 21-117-23 23 0025 38 21-117-23 23 0042 PETER AHN&SUSAN AHN STEPHEN L BAKKE ETAL ELIZABETH ANNE REESE 3275 CARMAN RD 2765 PHEASANT RD 2703 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 PETER AHN&SUSAN AHN STEPHEN L BAKKE ELIZABETH ANNE REESE 3275 CARMAN RD 2765 PHEASANT RD 2703 WALTERS PORT LANE EXCELSIOR MN 55331 EXCELSIOR MN 55331 ORONO MN 55331 38 21-117-23 23 0010 38 21-117-23 23 0027 38 21-117-23 23 0043 M SJOQUIST&S SJOQUIST CHAD S&JUNE E TEARLE R F CROSBY II&P L CROSBY 2675 PHEASANT RD 2749 KELLY AVE 2705 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MELISSA SJOQUIST CHAD S&JUNE E TEARLE PATRICIA/RICHARD CROSBY II SCOTT SJOQUIST 2749 KELLY AVE 2705 WALTERS PORT LA 2675 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0011 38 21-117-23 23 0028 38 21-117-23 23 0044 MARY S POWELL&M W CONWAY JAY K WOOD&BARBARA D WOOD W J&S J KEEGAN 2685 PHEASANT RD 2745 KELLY AVE 2707 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MARY STEPHANIE POWELL JAY K WOOD&BARBARA D WOOD WILLIAM J&SANDRA J KEEGAN MICHAEL W CONWAY 2745 KELLY AVE 2707 WALTERS PORT LA 2685 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0012 38 21-117-23 23 0029 38 21-117-23 23 0046 ROBERT F K MARTIN ET AL PAUL JOSEPH RANDALL W M DUNKLEY&S K DUNKLEY 2695 PHEASANT RD 2701 PENCE LA 2710 PENCE LA _ ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 ROBERT F K MARTIN PAUL JOSEPH RANDALL WILLIAM M&SUSAN K DUNKLEY STEPHANIE D SARANTOPOULOS 511 DANNY CT 3405 ANNAPOLIS LA N #100 2695 PHEASANT RD SAN RAMON CA 94582 PLYMOUTH MN 55447 EXCELSIOR MN 55331 RUN DATE:02/18/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 21-117-23 23 0047 38 21-117-23 32 0002 ANDREW J MCDERMOTT III SUSAN K SKIEM REV INTVIV TR 38 ADDRESS UNASSIGNED 2795 PHEASANT RD ORONO MN 00000 ORONO MN 55331 ANDREW J MCDERMOTT III SUSAN K SKIEM 2702 WALTERS PORT LA 2795 PHEASANT RD EXCELSIOR MN 55331 ORONO MN 55331 38 21-117-23 23 0048 38 21-117-23 32 0003 ENVIRONMENTAL PLANNING INC D E HABERMAN&H R HABERMAN 38 ADDRESS UNASSIGNED 2799 PHEASANT RD ORONO MN 00000 ORONO MN 55331 ENVIRONMENTAL PLANNING INC DONALD E HABERMAN 4910 IDS CENTER HEIDI R HABERMAN MPLS MN 55402 9730 SKYLANE EDEN PRAIRIE MN 55347 38 21-117-23 23 0049 38 21-117-23 32 0004 C MORIN&T M SREPEL JAMES D ECHTENKAMP ET AL 38 ADDRESS UNASSIGNED 2800 PHEASANT RD ORONO MN 00000 ORONO MN 55331 CHARLES MORIN JAMES&JEAN ECHTENKAMP TANYA M SREPEL 2800 PHEASANT RD 2699 KELLY AVE EXCELSIOR MN 55331 ORONO MN 55331 38 21-117-23 23 0052 38 21-117-23 32 0005 MARK C&ANITA S RIDGE J&G TEYNOR 2720 PHEASANT RD 2789 PHEASANT RD ORONO MN 55331 ORONO MN 55331 MARK C&ANITA S RIDGE GAIL M&JOSEPH T TEYNOR 2720 PHEASANT RD 2789 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0057 38 21-117-23 32 0007 M M COTTER&J A COTTER GREG HUELER&KELLI HUELER 2730 PHEASANT RD 2715 PENCE LA ORONO MN 55331 ORONO MN 55331 MARGARET M COTTER GREG HUELER&KELLI HUELER JEFFREY A COTTER 2715 PENCE LA 2730 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0058 T J MAHONEY&K A MAHONEY 2760 PHEASANT RD ORONO MN 55331 TIMOTHY H MAHONEY 2760 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0060 WILLIAM M&SUSAN K DUNKLEY 38 ADDRESS PENDING ORONO MN 00000 WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LA N#100 PLYMOUTH MN 55447 38 21-117-23 23 0061 WILLIAM M&SUSAN K DUNKLEY 38 ADDRESS PENDING ORONO MN 00000 WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LA N#100 PLYMOUTH MN 55447 38 21-117-23 23 0062 WILLIAM M&SUSAN K DUNKLEY 38 ADDRESS PENDING ORONO MN 00000 WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LA N#100 PLYMOUTH MN 55447 38 21-117-23 32 0001 CINDY SUNDET/SCOTT SUNDET 2791 PHEASANT RD ORONO MN 55331 CINDY T SUNDET SCOTT A SUNDET 2791 PHEASANT RD EXCELSIOR MN 55331 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: 2/18/2020 mss,r tit '655' 01 II AV-2693 2655 2710 2675 ,mj, *. 2774,5 !�1 2700 tit 40 2685 NW A ��7 2701 2695 ro •59 7 3 yea� 8644 27 01 mi > 1-14 t—,,,, 1 g N15 '`) 27 05 Ii3r y ( 2700 au 'i lit: "11, / MI 2720 r Cly : .� 2r 03 h 2725 pai go „lirr .f' . . .ttri 3 art t.K _ 4� r-,--. 11 xz • 2730 •, 4.4 2705 3275 "''5: N3i 2765 i ' cze 27607 4 :tR t 'ice, t esu zi. t- � xE,rfrt P' Y_r 243 Y Y^• :. .- £ yyy,x� £ r { -: 7 I-.‘10tvPilf,;WW'OpFetigl:Vattiiiiiq.iDV,7MIti:17:7*.itt: 4e7,017;,'7V------;--4,-,,,,, iii[ 1! y k ,1;f: al 4,. -'?- .ice s" .F { $ `f"4;. ,riff ,.Z--4 -,&Nig,i 4,1eilipia-{likAfti:gxgria-:k:V-PiPitii-Stit ''`Of;;We--.::,ttAV--::iv';fe.Z:14,!--7,AZ,74.-7':-_;::1;;:ifilH a gi r' *; ,.t'a`i °f i i a'ittil - f -fir a?,- :x tfv..,41,4-w4,,,,-...4, ;e :--..*,`1:-* a -- r- �$ :: ..�'. _ : y- rs --. y Buffer Size: 500 0 50 100 200 Feet Map Comments: l i t ) I ) ) ) I 2709 Walters Port Ln Ibis data (i) is furn'shed 'AS IS' with no representation as to completeness or accuracy; (i)is furnished with no warranty of any knd; 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 55187/gis.info@hennepin.us • i dal, Alit 0. ire,'•''- 1010 or"- 'I I y ) 1 i 4a S 0104 I ---"....-4..••••••""... ."'-- I PPP ; : 4' .i;1.1 1r I ,I ' '- .'413'.; 1 ill' I i I' I J iii f # n . • I' ir r— r ! ii. r wa :, I lill ; fi In � - - - ._ '.,. i • I I 1 il ' ; , ill 1 ,...1 , , `5� ,� L e' ice,. .t„vac.__h ' ._. ^.�' ._ .. /�: � y2 _-;,„zow.� ---.<- �� � 4 as . � X.. .000041., • xy to -N x a FRONT WALL - 3 FOOT EXPANSION AREA I . / ' M:\2020 KQ\Anita\a-Sue\Mtka\3 ft expansion area.docx �� ; ', 1 •r .t a - , . _ ,. ,.,, i i, i . . - v - ---11' :11111.- . 1,1_ ' . .44,:i0 '" 1 it°4::?',7. - ..,-, :-Algli-ur' -' . ' ''-'; I -\ 11 l 11111 I . , 1 4. _ �t t irts: I x k � � I CI 1 li I Itt _ t. ` 1 .., ,:',„---:, ,,,,,.. 3' • 1.4,..: it 1- \ tis '• ., _ ELECTRICAL AND MECHANICAL ROOM ENTRY DOOR SHOWS PROXIMITY TO THE IRON STAIRCASE AND LOAD BEARING BEAM. IT ALSO SHOWS PROXIMITY TO THE CONCRETE 2e STAIRCASE TO LOWER LEVEL AND ALSO TO THE ELEVATOR. M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\entrance to main basement stairwell.docx x .,$ '.. I.. :: ✓ x r n ' ....e..=:. .-1..°:',-:-.-:;,,V ., Y ebsl . 'r s " r: f i MECHANICAL ROOM WITH EQUIPMENT PRE-FIRE. 3 mss M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\mechanical room.docx 7.7 '1333-£ Aa N3OIM 01 033N 3M aNV MONNVN 001 SI WOO2:I 3H1 MORS 011N31A1d1f O3 AO 1VAOW3H H31AV 1A100N 1VOINVHO3W ' .• \N ` y. Ia - _,,, iirr . 6 s.p I ` _- �� ' E a ,., .. 0 /I u 11 97- 11) : -:, lii 5 I rib . Si 7,,,-- ,- i d: -�.. . ..__ `. �.4'�.—. .: l I .--.1( \‘;:\ . ., .00..,iki L , . -- g. 7 , \ ; , — , 77 /,., u . 1 i Niss _ /' // i .� '4. lie _ t. i - - P. r ' .,- . """'.',.'"N:'i' ' . % 1. 1.4'.:\,,,: � r. • i � 4 — r1,, A ! -. '� � ! -:' . ! 1 kiii ,; fL \II - \ `I. uv 5 s .;.,,c a".. t ' gl':P.*:., 11 ', ,, 'ilia,\ , ' ,.,, rwo. ,. : , ,,. I ,. i ' L 1 s . ,•..„. , „..„ 1 _ - , . ,:— G iiii .., , , . AR , ..,,- ,O Ay I le . os . . PA THIS ILLUSTRATES HALF OF THE MECHANICAL ROOM. ELECTRICAL PANELS WITH CLEARANCE OF 3 FEET IN FRONT OF EACH PANEL NEED TO BE MAINTAINED. 5- a .- „ v .ice., � t Y, a - M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\electrical panel.docx . 1 I , _ to • �' .u_. A d srlr� s. �r 11 Ali.1 1 ; 1,-, . , �C 1, ..,.., ...„ „ .... , ., At- . ',. .. -..: : ,i,,,. Air Jew....1--,,:grApprIr."410.:4...;...____,,,, IY 6 l I ' i'' ' ' ''' ' '' '''''''''''''''' --.:77":77111;-7'7— . 1:' . C. 1i ; . i, s' 3 II PICTURE ILLUSTRATES MECHANICAL ROOM INTERIOR WALL AND THE DISTANCE TO THE STEEL STAIRCASE AND THE LOAD BEARING BEAM. (..c). M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\mechanical room interior wall.docx J i ® I - 3 V ku 1 j J _ I t :bj1 °" — r . . .. ... , 1 , i ... 0. ii , THIS PICTURE ILLUSTRATES THE DISTANCE FROM THE MAIN STAIRCASE LANDING TO THE STAIRCASE TO THE SECONDARY BASEMENT AND TO THE ELEVATOR. -7_ 1 1,, . „,_ ,.:- ' M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\main staircase to secondary basement.docx • 1 i i Z ,,,......L isal [ I f : * •• "•-.• 41;1";' 4 I - 4 j4T 't ip- ort • rz «„Y.. P xm 7 <.. *,t ,,4',... #do- ,. f '',41i ? ' t* I 6 tr ', '• Z :',4"1 16, . t * Y . - .17.1- µ r tr%;•"!'3. 4 SwArl' 6 �'' t 41 PICTURE ILLUSTRATES ORIGINAL HOUSE FOUNDATION AND THE LOCATION OF THE STEEL STAIRCASE LANDING POINT. M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\original house foundation:docx / \ , ki„, : • 4 1 -=--."-------.)...._ ;...; 1 if I )4 • t'� i� ',i'' Jew / �`' in- - �/-- fir' i, - `-a � 4`�A A "4�•� `` ,'1-,4,2-:• -•".-..--, ..= kik J I . _ 'cAlit l '_ ' m ,i, ,ik, OW ,. :- g le , ` a �►E ads THE REMAINDER ELECTRICAL PANEL WALL WILL STAY. A DOOR WILL BE CREATED TO ENTER BEHIND IT TO THE NEW 3-FOOT EXPANSION TO MECHANICAL. M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\main staircase to secondary basement.docx "At1/4"\\' ' .'''-'4'1.-.„'''.._.Y.: D , ar '::,4 \\,‘\,;-:- .-, 1,--mas•---Fil '- Z ° ;, 4 /` D r - ,-,7,,,... ,. ..,....4.4 .,:,..., r=�--- `- Cn Mg � n?r,i ,:.:,..-• _-L - _ ��,1� o � ® M r z ii . �. , . '-__ ' ‘ 1,0 il ' oa. _ i f M ` al Q r:.? en.,tf ��. M D 1 Z °. O '.. r Nr O Cl)V' = C r :tt v v m v (n 4 ..._u. zD Z m Cr)crFii OPPINtik ' -' , ' . '' w., co rD iT n u o ''w Fs�,� 3 ,' J t t IF r Fa4t1:111P '� :11, .... 0 — —is 0 .,.., „. ,.: q , 4 f4' , ' ' if, __ - m---- ' - .N111111 * ,- * "10 „, , i ' LIi i , I i-I—0 11.;.‘1 ,‘ '' T---- -• Tr '- r.. 4 \ \ d — i 7 h„,444ti Fr," 4. -, NO% ,`1 S '.. a.'. y-y„� HT1�-'+r,.---„ PICTURE ILLUSTRATES THE IRON STAIRCASE WHICH, ALONG WITH THE ELEVATOR, IS ONE OF THE ONLY TWO ITEMS THAT SURVIVED THE FIRE. H. M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COM MISSION\original house foundation.docx L �. a fi' �•� • yr frpnio.::. - . .----........., . ' t r F - 1, _it ' ' - ,. ., M i`� ., I , -. .... ___________ . t. . , . ,. .• . , r ,1 , i , , .. I : tS``. � :). . . . , . , .i: - t i ....._- ;1 1 \'''.,!I F 4 ;: ! • , ',.. ,..-- ' -:. -••--.- : 3rd x"_ ' mnt H_♦ v -. ., y„ may,-, '? `' 6 .46 f 1 PICTURE ILLUSTRATES THE IRON STAIRCASE COMING DOWN FROM SECOND FLOOR TO MAIN LEVEL AND LOAD SUPPORTING BEAM. f } . la. M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\iron staircase 2.docx '• :. ti.r,,,,-.� _$ – //J 7 lit;,,,,i' —1(.1111:7' —– '4 — — ro :m- •r _ ., ',. I r r I • ' .- li 1,--,4 Nir fl '' ',-:.4":0'..,::,4,..:'--, ' . , - 1 J ,, • .;:,:f:..„‘:;.•:‘,...4*,,,, - __J. . _ - , , i, , 7I -t • r $ P. • • �p ,.. / .! --'1":1;:' r If( 1 :11 'IT •',-.•..:: :': , ,, '-,,••',..-••: —���i / ,, • \ {.t..4, a% .•'.:''"',74:"•i.,:t&i:, : , . f:). lii . ' '''''3A4,';'lEk., . t e �;fff555/// - I „tilt . , H t "a S .. to i • • PICTURE ILLUSTRATES LOWER LEVEL MECHANICAL. IT SHARES THE WALL FOR CORPORATE OFFICE SECURE ROOM. /3. M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\lower level mechanical.docx 0. r ,,. r ua\ / ` �'l,, il 'I 1,I 1 re 'I ° # :',',:4'„ ' _ — ( abs � 5 4 I-':'''.i.* y (.. 4} t Vii; i ' *° ' ' , ,*,, , 1 i 'I' --,. ' ,,.1 ,, '; t , ; �,� . I - . . I i k_ i . i I , ! f I. P I&.':.. , ; i e. I k , -,r- , t poi * �, r� :. .4. : '' -,'. ' ' .i'll'''''':- .!.''''' . . .., ,.,- PICTURE ILLUSTRATES MASTER BEDROOM MECHANICAL CLOSET. 9V: M:\2020 KQ\Anita\a-Sue\Mtka\PLANNING COMMISSION\lower level mechanical.docx M eCAVAA 1 C_6‘ C_. GO\e.__. 13 DO K :' . GENERAL REGULATIONS • uards. Guards shall be provided where appli- TABLE 305.4 tent, fans or other components that require ser- PIPING SUPPORT SPACINGa h hatch openings are located within 10 feet(3048 MAXIMUM MAXIMUM f edge or o en side of a walkin surface and HORIZONTAL VERTICAL open side is located more than 30 inches (762 PIPING MATERIAL SPACING(feet) SPACING(feet) ie floor, roof or grade below. The guard shall ABS pipe 4 10° s than 30 inches(762 mm)beyond each end of Aluminum pipe and tubing 10 15 Is, equipment,fans,components and roof hatch Brass pipe 10 10 the top of the guard shall be located not less Brass tubing,11/4-inch diameter 6 10 s (1067 mm) above the elevated surface adja- and smaller trd.The guard shall be constructed so as to pre- Brass tubing,1'/Z inch diameter 10 10 ge of a 21-inch-diameter(533 mm) sphere and and larger U vith the loading requirements for guards speci- e - Cast-iron pipe 5 15 rnational Building Code. Copper or copper-alloy pipe 12 10 served. Appliances serving different areas of a Copper or copper-alloy tubing, 6 10 than where they are installed shall be perma- 11/4-inch diameter and smaller El:-.1"jr in an approved manner that uniquely identifies Copper or copper-alloy tubing, 10 10 and the area it serves. 11/2-inch diameter and larger CPVC pipe or tubing, 1 inch 3 10 SECTION 305 and smaller PIPING SUPPORT CPVC pipe or tubing,11/4-inch 4 10` ' 1. All mechanical system piping shall be sup- and Lead]paripger e Continuous 4 rdance with this section. PB pipe or tubing 22/3(32 inches) 4 ils. Pipe hangers and supports shall have suffi pEx tubing 22/3(32 inches) 10° r. to withstand all anticipated static and specified ng conditions associated with the intended use. Polypropylene(PP)pipe or 22/3(32 inches) 10` 4. :nd supports that are in direct contact with pip- tubing,1 inch or smaller f approved materials that are compatible with Polypropylene(PP)pipe or 4 10' that will not promote galvanic action. tubing,11/4 inches or larger ir ral attachment.Hangers and anchors shall be PVC pipe 4 10° 1" building construction in an approved manner. Steel tubing 8 10 Steel pipe 12 15 ! l of support. Piping shall be supported at dis- aeding the spacing specified in Table 305.4, or For SI: 1 inch=25.4 mm,1 foot=304.8 mm. with MSS SP 69. a. See Section 301.18. b. The maximum horizontal spacing of cast-iron pipe hangers shall be t ion against physical damage. In concealed increased to 10 feet where 10-foot lengths of pipe are installed. re piping, other than cast-iron or steel, is c. Mid-story guide. 1'x rs' gh holes or notches in studs, joists, rafters or :rs less than 11/2 inches (38 mm)from the near- 306.1.1 Central furnaces. Central furnaces within corn- i iw member,the pipe shall be protected by shield partments or alcoves shall have a minimum working space ;'? ve steel shield plates having a minimum thick- clearance of 3 inches (76 mm) along the sides, back and 1 inch(1.463 mm)(No. 16 gage)shall cover the top with a total width of the enclosing space being at least ' ,e where the member is notched or bored, and 12 inches(305 mm)wider than the furnace.Furnaces hav- i' minimum of 2 inches (51 mm) above sole ing a firebox open to the atmosphere shall have at least 6 1w top plates. inches (152 mm) working space along the front combus- ` ,. tion chamber side. Combustion air openings at the rear or a side of the compartment shall comply with the require SECTION 306 ments of Chapter 7. ;CESS AND SERVICE SPACE ',Exception: This section shall not apply to replacement for maintenance and replacement. Appli- appliances installed in existing compartments and accessible for inspection, service, repair and alcoves where the working space clearances are in •:, 'ithout disabling the function of a fire-resis- accordance with the equipment or appliance manufac- s, ;embly or removing permanent construction, turer's installation instructions. i ;s,venting systems or any other piping or ducts 306.2 Appliances in rooms. Rooms containing appliances . to the appliance being inspected, serviced, shall be provided with a door and an unobstructed passage- laced.A level working space at least, 0 inches way measuring not less than 36 inches(914 mm)wide and 80 s- cher wide(762 mm by 762 mm) shall be pro- inches(2032 mm)high. ,`,r )f the control side to service an appliance. 1 NA e.ch a►1, % c. 4, 1. Cade IPo oK GENERAL REGULATIONS ', A .2 Cutting,notching and boring holes in cold- 303.4 Protection from damage. Appliances shall not be teel framing. Flanges and lips of load-bearing installed in a location where subject to mechanical damage ed steel framing members shall not be cut or unless protected by approved barriers. i Soles in webs of load-bearing cold-formed steel J nembers shall be permitted along the centerline 303.5 Indoor locations. Fuel-fired furnaces, water heaters of the framing member and shall not exceed the and boilers installed in closets and alcoves shall be listed for ,t ial limitations, penetration spacing or minimum such installation. For purposes of this section, a closet or distance as prescribed by the registered design alcove shall be defined as a room or space having a volume less than 12 times the total volume of fuel-fired appliances aal. Cutting, notching and boring holes of steel decking shall be as prescribed by the registered other than boilers and less than 16 times the total volume of �fessional. boilers. Room volume shall be computed using the gross floor area and the actual ceiling height up to a maximum .3 Cutting,notching and boring holes in non- computation height of 8 feet(2438 mm). y 1 cold-formed steel wall framing. Flanges and ., 303.6 Outdoor locations. Appliances installed in other than nstructural cold formed steel wall studs shall not indoor locations shall be listed and labeled for outdoor instal- notched. Holes in webs of nonstructural cold lation. ,el wall studs shall be permitted along the center- .. e web of the framing member, shall not exceed 303.7 Pit locations. Appliances installed in pits or excava- s (38 mm) in width or 4 inches (102 mm) in tions shall not come in direct contact with the surrounding id shall not be spaced less than 24 inches (610 soil. The sides of the pit or excavation shall be held back a :er to center from another hole or less than 10 minimum of 12 inches (305 mm)from the appliance.Where 54 mm)from the bearing end. the depth exceeds 12 inches(305 mm)below adjoining grade, the walls of the pit or excavation shall be lined with concrete or masonry. Such concrete or masonry shall extend a mini- SECTION 303 mum of 4 inches (102 mm) above adjoining grade and shall DMENT AND APPLIANCE LOCATION have sufficient lateral load-bearing capacity to resist collapse. •al.Equipment and appliances shall be located as The appliance shall be protected from flooding in an this section, specific requirements elsewhere in approved manner. 3 the conditions of the equipment and appliance [B] 303.8 Elevator shafts. Mechanical systems shall not be located in an elevator shaft. rdous locations. Appliances shall not be located jus location unless listed and approved for the SECTION 304 illation. SECTION bited locations. Fuel fired appliances shall not 304.1 General.Equipment and appliances shall be installed z, or obtain combustion air from, any of the fol- is or spaces: as required by the terms of their approval,in accordance with the conditions of the listing, the manufacturers installation ng rooms. instructions and this code. Manufacturer's installation Homs. instructions shall be available on the job site at the time of inspection. rooms. 304.2 Conflicts. Where conflicts between this code and the ;e closets. conditions of listing or the manufacturer's installation :al rooms. instructions occur,the provisions of this code shall apply. n: This section shall not apply to the following Exception:Where a code provision is less restrictive than -s: the conditions of the listing of theequipment or appliance ect vent appliances that obtain all combustion or the manufacturer's installation instructions, the condi- from the outdoors. tions of the listing and the manufacturer s installation directly instructions shall apply. id fuel fired appliances,provided that the room is 304.3 Elevation of ignition source. Equipment and appli- a confined space and the building is not of ances having an ignition source and located in hazardous x rsually tight construction. locations and public garages,private garages,repair garages, pliances installed in a dedicated enclosure in automotive motor fuel-dispensing facilities and parking '; ich all combustion air is taken directly from the garages shall be elevated such that the source of ignition is doors, in accordance with Chapter 7. Access to not less than 18 nches (457 mm) above the floor surface on j :h enclosure shall be through a solid door, which the equipment or appliance rests. For the purpose of ather-stripped in accordance with the exterior this section, rooms or spaces that are not part of the living )r air leakage requirements of the International space of a dwelling unit and that communicate directly with a ergy Conservation Code and equipped with an private garage through openings shall be considered to be = 7roved self-closing device. part of the private garage. 1e_c ‘b \ C ode_ Bob/ ARTICLE 110—REQUIREMENTS FOR ELECTRICAL INSTALLATIONS 70--43 FPN: For hazardous (classified) locations, see Articles 500 110.26(A)(1), (2), and (3) or as required or permitted else- through 517. For motors, see 430.14. where in this Code. 110.19 Light and Power from Railway Conductors. (1) Depth of Working Space. The depth of the working space in the direction of live parts shall not be less than that Circuits for lighting and power shall not be connected to any system that contains trolley wires with a ground return. specified in Table 110.26(A)(I) unless the requirements of 110.26(A)(I)(a), (b),or(c)are met. Distances shall be mea Exception: Such circuit connections shall be permitted in sured from the exposed live parts or from the enclosure or car houses,power houses, or passenger and freight stations opening if the live parts are enclosed. operated in connection with electric railways. 110.21 Marking. The manufacturer's name, trademark, or Table 110.26(A)(1) Working Spaces isother descriptive marking by which the organization re- Nominal sponsible for the product can be identified shall be placed Voltage to Minimum Clear Distance on all electric equipment. Other markings that indicate volt- Ground Condition 1 Condition 2 Condition 3 Pill age, current, wattage, or other ratings shall be provided as specified elsewhere in this Code. The marking shall be of 0-150 900 mm (3 ft) 900 mm (3 ft) 900 mm (3 ft) 151-600 900 mm (3 ft) 1 m (31/2-i7 1.2 m (4 ft) sufficient durability to withstand the environment involved. cm Note:Where the conditions are as ows: Pip110.22 Identification of Disconnecting Means. Each dis- 1 — Exposed live parts on one side and no live or connecting means shall be legibly marked to indicate its grounded parts on the other side of the working space,or exposed live parts on both sides effectively guarded by suitable wood or other purpose unless located and arranged so the purpose is evi- insulating materials. Insulated wire or insulated busbars operating at FM dent. The marking shall be of sufficient durability to with- not over 300 volts to ground shall not be considered live parts. stand the environment involved. Condition 2—Exposed live parts on one side and grounded parts on 10. the other side. Concrete, brick, or tile walls shall be considered as li Where circuit breakers or fuses are applied in compli- grounded./tofus+t 36u t M lit;72 7-+9/3 7 ance with the series combination ratings marked on the Condition 3—Exposed live arts on both sides of the work space ISequipment by the manufacturer, the equipment enclosure(s) shall be legibly marked in the field to indicate the equip- (not guarded as provided in Condition 1) with the operator between. ment has been applied with a series combination rating. Ile The marking shall be readily visible and state the following: (a) Dead-Front Assemblies. Working space shall not be required in the back or sides of assemblies, such as Milli CAUTION— SERIES COMBINATION SYSTEM dead-front switchboards or motor control centers, where all RATED AMPERES. IDENTIFIED connections and all renewable or adjustable parts, such as REPLACEMENT COMPONENTS REQUIRED. fuses or switches, are accessible from locations other than We FPN: See Section 240.86(A) for interrupting rating mark- the back or sides. Where rear access is required to work on ing for end-use equipment. nonelectrical parts on the back of enclosed equipment, a ova . minimum horizontal working space of 762 mm (30 in.) shall be provided. 110.23 Current Transformers. Unused current transform ers associated with potentially energized circuits shall be (b) Low Voltage. By special permission, smaller work short-circuited. ing spaces shall be permitted where all uninsulated parts operate at not greater than 30 volts rms, 42 volts peak, or 1000 60 volts dc. II. 600 Volts, Nominal, or Less (c) Existing Buildings. In existing buildings where PO 110.26 Spaces About Electrical Equipment. Sufficient electrical equipment is being replaced,Condition 2 working switch- access and working space shall be provided and maintained clearance shall be permitted between dead-front boards, panelboards, or motor control centers located NIabout all electric equipment to permit ready and safe opera- across the aisle from each other where conditions of main- tion and maintenance of such equipment. Enclosures hous- tenance and supervision ensure that written procedures IN ing electrical apparatus that are controlled by lock and key have been adopted to prohibit equipment on both sides of shall be considered accessible to qualified persons. the aisle from being open at the same time and qualified i ,-t Po 2 7/1,0-1 IMO (A) Working Space.Working space for equipment operat Persons who are authorized will service the installation. ing at 600 volts, nominal, oorless to ground and likely to (2) Width of Working Space. The width of the working 110 require examination, adjustment, servicing, or maintenance while energized shall comply with the dimensions of space in front of the electric equipment shall be the width of the equipment or 750 mm (30 in.), whichever is greater. ill NATIONAL ELECTRICAL CODE 2002 Edition BUILDING PLANNING j3U4s.\.‘61, t-1(NC\ C°Cl e— E(3°1<), „ egress door in accordance with Section R311.2 shall be bya the turn and located 12 inches (305 mm) from the sir ramp in accordance with Section R311.8 or a stairway in where the winders are narrower. The 12-inch (305 nor- accordance with Section R311.7. dimension shall be measured from the widest point of the R311.5 Construction. clear stair width at the walking surface of the winder..If winders are adjacent within the flight,the point of the wid R311.5.1 Attachment. Exterior landings, decks, balco- est clear stair width of the adjacent winders shall be used. '.. nies, stairs and similar facilities shall be positively anchored to the primary structure to resist both vertical R311.7.5 Stair treads and risers. Stair treads and rise and lateral forces or shall be designed to be self-support- shall meet the requirements of this section. For the p. ing. Attachment shall not be accomplished by use of toe- poses of this section all dimensions and dimensioned s,ir nails or nails subject to withdrawal. faces shall be exclusive of carpets,rugs or runners. • R311.6 Hallways.The minimum width of a hallway shall be R311.7.5.1 Risers. The maximum riser height shall '` .•"' not less than 3 feet(914 mm). 73/4 inches(196 mm). The riser shall be measured vear cally between leading edges of the adjacent treads. N' R311.7 Stairways. greatest riser height within any flight of stairs shall , ' M R311.7.1 Stairways; general. exceed the smallest by more than 3/8 inch(9.5 mm), r,£° NM R311.7.1.1 Stairways serving dwellings or accessory ers shall be vertical or sloped from the underside of,, N structures. All stairways serving a dwelling or acces nosing of the tread above at an angle not more than •la N sory structure, or any part thereof, shall comply with degrees(0.51 rad)from the vertical.Open risers are a' M this section. This shall include exterior stairs from a miffed provided that the opening between treads does tl" N M dwelling or garage to grade and those stairs serving permit the passage of a 4-inch-diameter (102 114 >..i N decks,porches,balconies,sun rooms,and similar struc- sphere. M tures. Exception: The opening between adjacent treatPp'`, " not limited on stairs with a total rise of 30 inc, N Exceptions: :,; (762 mm)or less. rM "n 1. Stairs serving attics or crawl spaces. R311.7.5.2 Treads.The minimum tread depth shall ,'' M 2. Stairs that only provide access to plumbing, 10 inches(254 mm).The tread depth shall be meas M mechanical, or electrical equipment. horizontally between the vertical planes of the foremo�" N M R311.7.1.2 Width. Stairways shall not be less than 36 projection of adjacent treads and at a right angle to,is N inches (914 mm)in clear width at all points above the tread's leading edge. The greatest tread depth wi 6;M M permitted hand-rail height and below the required head- any flight of stairs shall not exceed the smallest 3,,a. N room height. Handrails shall not project more than 4.5 more than 3/8 inch(9.5 mm). M • inches (114 mm)on either side of the stairway and the R311.7.5.2.1 Winder treads.Winder treads shall haw Nminimum clear width of the stairway at and below the a minimum tread depth of 10 inches (254 mm) , '< M handrail height,including treads and landings,shall not sured between the vertical planes of the foremost N be less than 311/2 inches (787 mm) where a handrail is jection of adjacent treads at the intersections with ,a " installed on one side and 27 inches (698 mm) where walkline. Winder treads shall have a minimum _ € Mhandrails are provided on both sides. depth of 6 inches (152 mm) at any point within N �- ,.. M Exception:The width of spiral stairways shall be in clear width of the stair. Within any flight of stairs,t M accordance with Section R311.7.9.1. largest winder tread depth at the walkline shall not N M R311.7.2 Headroom. The minimum headroom in all parts exceed the smallest winder tread by more than 3/B inch • of the stairway shall not be less than 6 feet 8 inches(2032 (9.5 mm). Consistently shaped winders at the wal , N N shall be allowed within the same flight of stairs as • mm) measured vertically from the sloped line adjoining 3 M the tread nosing or from the floor surface of the landing or angular treads and do not have to be within /e inch,>; ;r N• platform on that portion of the stairway. - mm)of the rectangular tread depth. x'. M Exceptions: R311.7.5.3 Nosings.The radius of curvature at the 'f ' N ing shall be no greater than 9/16_inch(14 mm).A no-v, , N 1. Where the nosings of treads at the side of a flight not less than 3/4 inch (19 mm) but not more than`,- ', M extend under the edge of a floor opening through inches (32 mm) shall be provided on stairways Nwhich the stair passes, the floor opening shall be solid risers. The greatest nosing projection shall; N allowed to project horizontally into the required exceed the smallest nosing projection by more tha =. M headroom a maximum of 43/4 inches(121 mm). inch (9.5 mm) between two stories, including the j N NI 2. The minimum headroom for existing buildings ing at the level of floors and landings.Beveling of .. N shall be in accordance with Section R305.2.2. ings shall not exceed 1/Z inch(12.7 mm). s_ R311.7.3 Vertical rise.A flight of stairs shall not have a Exception:A nosing is not required where the �� apt vertical rise larger than 12 feet (3658 mm) between floor depth is a minimum of 11 inches(279 mm). levels or landings. R311.7.5.4 Exterior wood/plastic composite s' R311.7.4 Walkline. The walkline across winder treads treads.Wood/plastic composite stair treads shall G''_ shall be concentric to the curved direction of travel through ply with the provisions of Section R507.3. :, 112 2015 MINNESOTA RESIDENTIAL CII" / () O6 BUILDING PLANNING f le)\-,kk%A Yr\C\ C R311.7.6 Landings for stairways. There shall be a floor perimeter dimension of at least 4 inches (102 or landing at the top and bottom of each stairway. The mm) and not greater than 61/4 inches (160 mm) :minimum width perpendicular to the direction of travel with a maximum cross section of dimension of .4.,shall be no less than the width of the flight served. Land- 21/4 inches(57 mm).Edges shall have a minimum lags of shapes other than square or rectangular shall be radius of 0.01 inch(0.25 nun). .. ermitted provided the depth at the walk line and the total 2. Type II. Handrails with a perimeter greater than i area is not less than that of a quarter circle with a radius 61/4 inches (160 mm) shall have a graspable fin- tequal to the required landing width. Where the stairway ger recess area on both sides of the profile. The ?.=bias a straight run, the minimum depth in the direction of finger recess shall begin within a distance of 3/4 ".:`travel shall be not less than 36 inches(914 mm). inch(19 mm)measured vertically from the tallest + Exception:A floor or landing is not required at the top portion of the profile and achieve a depth of at �. of an interior flight of stairs, including stairs in an least 5/16 inch (8 mm) within 7/8 inch (22 mm) - *`' enclosedg arage, provided a door does not swing over below the widest portion of the profile. This 1. ', the stairs. required depth shall continue for at least 3/8 inch `R311.7.7 Stairway walking surface.The walking surface (10 mm)to a level that is not less than 13/4 inches of treads and landings of stairways shall be sloped no (45 mm) below the tallest portion of the profile. steeper than one unit vertical in 48 inches horizontal (2- The minimum width of the handrail above the percent slope). recess shall be 11/4 inches(32 mm)to a maximum of 23/4 inches (70 mm). Edges shall have a mini- 311.7.8 Handrails. Handrails shall be provided on at mum radius of 0.01 inch(0.25 mm). 4'east one side of each continuous run of treads or flight ;with four or more risers. R311.7.8.4 Exterior wood/plastic composite hand- rails. Wood/plastic composite handrails shall comply R311.7.8.1 Height.Handrail height,measured vertically with the provisions of Section R507.3. from the sloped plane adjoining the tread nosing,or fin- - :; ish surface of ramp slope,shall be not less than 34 inches R311.7.9 Illumination. All stairs shall be provided with • (864 mm)and not more than 38 inches(965 mm). illumination in accordance with Section R303.6. Exceptions: R311.7.10 Special stairways. Spiral stairways and bulk- head enclosure stairways shall comply with all require- 1. The use of a volute, turnout or starting easing ments of Section R311.7 except as specified below. a. ; shall be allowed over the lowest tread. -,$ R311.7.10.1 Spiral stairways. Spiral stairways are 2. When handrail fittings or bendings are used to permitted, provided the minimum clear width at and provide continuous transition between flights, below the handrail shall be 26 inches (660 mm) with r, transitions at winder treads,the transition from each tread having a 71/2-inch(190 mm)minimum tread handrail to guardrail, or used at the start of a depth at 12 inches (914 mm) from the narrower edge. flight, the handrail height at the fittings or All treads shall be identical, and the rise shall be no bendings shall be permitted to exceed the more than 91/2 inches(241 mm).A minimum headroom -. maximum height. of 6 feet 6 inches(1982 mm)shall be provided. .- R311.7.8.2 Continuity. Handrails for stairways shall R311.7.10.2 Bulkhead enclosure stairways. Stair- be continuous for the full length of the flight, from a ways serving bulkhead enclosures, not part of the ..' point directly above the top riser of the flight to a point required building egress,providing access from the out- " directly above the lowest riser of the flight. Handrail side grade level to the basement shall be exempt from • ends shall be returned or shall terminate in newel posts the requirements of Sections R311.3 and R311.7 where aor safety terminals. Handrails adjacent to a wall shall the maximum height from the basement finished floor have a space of not less than 11/2 inch(38 mm)between level to grade adjacent to the stairway does not exceed , the wall and the handrails. 8 feet (2438 mm) and the grade level opening to the • Exceptions: stairway is covered by a bulkhead enclosure with hinged doors or other approved means. . 1. Handrails shall be permitted to be interrupted ts; by a newel post at the turn. R311.8 Ramps. 2. The use of a volute,turnout, starting easing or R311.8.1 Maximum slope.Ramps shall have a maximum starting newel shall be allowed over the lowest slope of 1 unit vertical in 12 units horizontal (8.3-percent - .. tread. slope). .', R311.7.8.3 Grip-size.All required handrails shall be of Exception:Where it is technically infeasible to comply ,' , one of the following types or provide equivalent grasp- because of site constraints, ramps may have a maxi- ability. mum slope of one unit vertical in eight horizontal 1. Type I. Handrails with a circular cross section (12.5 percent slope). - shall have an outside diameter of at least 11/4 R311.8.2 Landings required. A minimum 3-foot-by-3- inches(32 mm)and not greater than 2 inches(51 foot(914 mm by 914 mm)landing shall be provided: : mm).If the handrail is not circular,it shall have a 1. At the top and bottom of ramps. ,.`MINNESOTA RESIDENTIAL CODE 113 Date Application Received: 02/18/2020 Date Application Considered as Complete:03/10/2020 7 Y L0. 60-Day Review Period Expires: 05/09/2020 y To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator e G~ 4kEsHOV-8' From: Laura Oakden, Planner Date: 16 March 2020 Subject: #LA20-000016, Paul Thomas Design Build, 2710 Pence Lane, CUP, Public Hearing Application Summary: The applicant is requesting a conditional use permit to install a full bathroom, including shower, in an accessory building. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant wishes to install full bathroom facilities in an 999 square foot accessory building. The heated two story structure building includes a kitchen, bathroom, and open "recreational space"and a garage. 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 1.47 acres in area, allowing a total of 2,000 square feet in accessory building. There are no other accessory buildings on the property at this time. 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 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. FILE#LA20-000016 16 March 2020 Page 2 of 4 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 appears to be consistent with the permit for the principal structure on the Property(currently under construction). 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. The applicant has included a narrative in the exhibits noting the accessory building will be used by the occupants of the principle dwelling and nonpaying guests. 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 Kelly Ave, and the views from the neighbors will be screened somewhat by the physical separation.Commissions can discuss if additional screening from the neighbors is 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 have noted in the narrative that all lighting will be downcast; and 15) Not detrimental to the public health, public safety, or general welfare.This criterion is met. FILE#LA20-000016 16 March 2020 Page 3 of 4 Bathing facilities in accessory structures is not uncommon. As part of to review of the conditional use,the city imposes conditions to prevent the accessory building from becoming a second dwelling unit. 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 submitted public comments have been received. Staff has received a phone call from a neighboring property owner with concern that the accessory structure could evolve into a dwelling unit. Issues for Consideration 1. Commissions can discuss if additional screening from the neighbors is necessary. 2. 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? 3. Does the Planning Commission find that the approval, if granted, will not alter the essential character of the neighborhood? 4. 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 FILE#LA20-000016 16 March 2020 Page 4 of 4 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. List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey& Hardcover Exhibit C. Landscape Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Narrative Exhibit F. Property Owners List and Map Land Use Application Summary Application Date: 02/18/2020 Address: 2710 PENCE LA EXCELSIOR,MN 55331 Parcel Number: 2111723230046 Land Use Number: LA20-000016 Application Submitted By: Agent on behalf of property owner Owner: Name: WILLIAM M & SUSAN K DUNKLEY Address: 3405 ANNAPOLIS LA N#100 PLYMOUTH, MN 55447 Applicant: Name: Paul Vogstrom Company: Paul Thomas Design Build Address: 10231 Beebe Lake Road Hanover , mn 55341 vogstrom@gmail.com Contact Information: Associated Contact: Paul Vogstrom vogstrom@gmail.com Associated Contact: Associated Contact: Associated Contact: Project Description: CUP Plumbing in OAS Land Use Application Type: Amendmend Application Appeal of Admin Decision Li Concept Application L' Conditional Use Permit (J Site Plan Application L-1 Subdivision Application LI Subdivision Exception L-1 Vacation Application Variance Application t Applicant Signature: 1 CERTIFICATE OF SURVEY FOR / ERIC VOGSTROM C)UTLOI A ' j I • OF LOT 2, BLOCK 1, PENCE LANE ADDITION HENNEPIN COUNTY, MINNESOTA ,S 89'06'06"E "4 8.99/—'.,, j '2 I v --7-- 3e-ft U 12-,..-, n ---- 'I a �\ I a ;• \\ $ 1 e \\ m I ".' l PROPOSED ELEVATIONS (per builder,verily) n _ �`, 1)Garage=1949.061 ' T / 2)Top of foundation=1949.971 A ' \ '' v 3)Main floor=1951.51 (;� \____` x \ ala/ I'.. 4)Basement= u,, I, lJ 1 7-'. 4) 0 30 60 120 \\ �' I 1 \ 4.1.14.14.1.14.11.14* ......11Y \11 j I \ LEGAL DESCRITION OF PREMISES: •eleel• s II , I sF I I Lot 2,Block I,PENCE LANE ADDITION SCALE IN FEET I I I 1 l 1 o denotes iron marker set •: denotes iron morker found MANAGE AMJ I IN Ott,EASENENn.1 j I'1 8 m / (906.3): denotes existing spot elevation,mean sea level datum / . 191061: denotes proposed spot elevation / // --917--: denotes existing contour Inc.per county mops /' 1l�y / / —�—. denotes proposed contour line / / i m / Bearings shown ore based upon an assumed datum. /j /'l/ This s intends to how the boundaries of the above described property,the / /', / survey s location of an existing driveway,to remain,existing topography,per countyape,and ey'� the proposed location of a proposed house,garage,stairway,driveway ageodes ' awl thereon.It does not purport to show any other encroachments or improvements. --------- - c,/ / C 7P. /- i. V ' _ --T1---- - ''T-.--- ----- ------ _--/A\w-___- -m . --- —"°-- LOT 2i� illi \ • OT i wawa e i I— $ ;/ / } R® NN. \ / �, / P) ...0 0 \ EXISTING ,../ ,/ ®� ___ a .. \ HOUSE i _ .. ti s1 \ pzJo9 .. 11 \ \\ 1 � s ,._....,.___.-iJ146.30_____......... `� \ 1 \\ 1 a,a 3v/ mos® g \ ;ti , r!• Lti/I\ 1111 \\ y PROPOSED �I s l'� \ e t I I III \\ \ HO SE:.. .. Y III \ ,!4:,,,,-,., /J � .././ '17)__ J III 1 \ X () `� y3l/ C./ �_ 11 r'` v,-� w ; ger,„, \. I 1 l Ilii ' ' L-i11 "'°'� ,I j /v Y I 1 k /I 4b= EXISTING 111 /e,;,,'� ✓ CHOOSE 1a1111111�o:/-.1, ; �'� �\\� oU x.27;5 :.���, II, as '�„ �� �2' 4C2. `14,-T24 414 a'a � .rle iltii\ T _, mow. : 8 r'sgR1aPo.i y -r:1 / -1 == 1 �a....a„ —---_______L LAKE • MINNETONKA CARMAN'S BAY/OLD CHANNEL BAY CATE ROW. hereby prn certify that a�av.e.odca1 refit PROJECT GRONBERG & ASSOCIATES, INC. Awe thit non,ied MWwcsd L e7„,°r'rveyor alder tI 10-te-t6 CIVIL ENGINEERS,LAND SURVEYORS,LAND PLANNERS w-:w-x sm v o.waw:w ',Zia /I` 445 NORTH WLLOW DOVE LONG LAKE,MN 55356 owe S�Lome. N A • • 952-4J3-4111 :-n-a Norma son:x� Nark Minnesota~eLlcensee Number 12755 2�1J `T}I/7 City of Orono � rf) Hardcover Calculation Worksheet Property Address: 2 7/c PF�c f L r 1f i CERLc f/OG'FTRcw fr'kESH�F` Prepared by: Date: GRcti8FRG 4- A1'Ioc1Ar Ff, /#4•4**• 2-28-2 0 Stormwater Quality Overlay District Tier: (Circle one) Tier Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key tSurvey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A f/ou,I E B ,c',204.27- Troy,/ D S.F. l 0 R S.F. C _ FR 017" r/DEwA LK / 9 y S.F. D po'OC 'Eck /2,1GOL /2 ODo S.F. F Ato/offO y 0t�VC 82$ S.F. y5-00 S.F. G Ace41/17 Fx' ivc/4I Le (I oF1 rt/Pr /NC4,V # S, 'in-FCA& iL)1lcpta.t) 3 8 0 0 S.F. H S/.tiVf ifFNtGLift) E A4,Aet PLAN — S.F. I Lifck A/ID Ittf/1' 11ATfo (PE -,t C A 4 L.c) 20R S.F. J EGA.r.13- 4ouch Ek LtiALL.S• /S' S.F. K GF,vERAMR Adh YO S.F. L ick)-148.0 r'TGQP /p2 S.F. M reitT Ira 6.- '/ Lr /V5 S.F. N frA/XI TO [Akr EO S.F. G civa TTiFlK Arri_ ro e 4_1f r I'Lir PS I', P COycA64 3'TO^p AT 067irLfd TIAA ( f yY3 S.F. Q A c'A UY«G L4,1.4 L1 (>2. S.F. R PE-r- dfil Gita-AGE q 5 6 S.F. S L 0C fR 114?I o Qoo S.F. T � S.F. U S.F. VW S.F. — S.F. X X S.F. Y Z _ S.F. S.F. (1) Total Proposed Hardcover /6"; 78'5 S.F. Excludable Hardcover(See City Code Sec 78-1684): -r FiLtT /OP S f 41' /fBMrA A4Te0 _ /00 S.F. 7 ' fcAc,U RFT. L4 44t r is S.F. 1W C'1T frc,i/F RFT. 44,4LLS /Y5 S.F. 0 cie)O 5rc&lc /A T// C/'_FLA, /C _ 4ft S.F. it F1-4 I r/i.camG c.4.41.,,(.S (2) Total Excludable Hardcover 7aE 06 S.F. S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] /s t 07 9 S.F. (4) Total Lot Area 6f,35 4 S.F. Proposed Hardcover Percentage [(3)+(4)] 2 Y. 9g X 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 a61 /.11g € }E r ,,„ , ,,,, .,,4 or o 2$ ;° £ .. 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DESCRIPTION BY OATS 1 m o m Paul Thomas Design Vogstrom Detached Garage (n ' -k. •m e. Build 0 .-=-= ------- ...................s ................... Fa Ws it I Cite la' 11.1.101.1 I....1 ePAa� 1 Al pi.n Ifo M., AT}g.o, ., NNRIsNfr''ITHRIPNO"r00 4.11'S . . FINISH iLOORINO ww _ Al.TREAD MO 1. ���Ia al.o sorrlr 111... EMMME Ill UPPER FLOOR O III\ �i1►� rvusmlxoeePLYWOOD OR ��� ,L1 IA" M P rs o _III -;II IL----------i11 r —I'. 11I I:..` lh ExiER10P WALL CQNSi. �:.. 1Ii . ,......._ ER tee;', I; RA dur ® " &......... I;. Gou Rs T 1 WALL SECTION a EAVE :i ro'cr x \— ._I.. MOM IAROEOTTOSMALLEST �M• 'd r�,� I li NOTCHED STIRRER �1 ',I 10"MIN TREAD WIDTH �' W.1 STING E j 36"MIN STAIRWAY WIDTH :: PRE SED ALUM EI iii I 1 STONE SIL cm HIED w 1 HING 2"insulation M N STAIR DETAIL � y I� MIN •d 2 R giEERS OF RD PAPER12 6 MER SHEA RING to : STONE t CROSS SECTION ,►�9 :�a WT G T�EPoOOOTOR .. lZe�semecm+RO:I _ o'a E E .. te,.dCaaa+a.RR., / x o m . 0 ............ wo °.b.ae.mrm. - 314"- 1'-0" _.. . . -.. RaIPW WyMSW r� _- 1SGWOOSOL m'4SW..a.., 't4_ �Pv be Some to QI b `�, ..-.-- 15rn/.r rOaRi dl Y YR',kn. Rw G ,54* R..bl a'Rn , R, `�-'-----15be Tee Max%WN.,r42 Rau Taa e.Ia:.sr OL. _. a(Me°Iestin oo L. .:. -.- S!] G CI ti d R al(FRE RAB ��NW Snvnr7m Wacker.4/10•WYiYOC.[Rcn^Y ni vaebM mRnNa. h ='` (n]Me.npSW tfllb.h.Texy.ex..ew G.a.,b.R . R.3OSIR+Y FOAM INwL I 9� VAPOR RE+UiR� w E ....Tnr ore nreu ox arxMS�arxrmer.aabasrr ... hal"Peat to a` L IL ir,._ i/.1L[O � VEL ,, [Rm Sn.eap baRSSem wTcaw..OrO:rayl /— Ta Mr.Stw Nouse rvRAP BEW N OIR`NINSULATOR N Z .: laa.P.M J.ANNn]C'Prom CMR a C..R,a.•.Rem / SesR. !NEM AND EOPPR PANEL eM.A a+ _- yEL I— A ].eaM RN Rad Y Stimxry b... }'Fo•INSLV.na, i s3 (O._ran m En.mxgl Anton TganaPe Al ta]SR RR r�HiR'pR eae VAPORTO•E r la `—e.�a.�x,......mnaase..x�.eW.R...S —'I� IiIiuju�IIFPy 1 I�_eambnenmT"1°:e°:s' .0 1 f- FLOOR CANTILEVER T-74,-71-,Iit I' II M v c l..Lane.raneolen Pa C.: �1 ,It -il. DATE: CONCRETE FOOOOTINGTO1 2in__TTI 9/10/2020 1,-,.!1 (P- �: LIII TI-1 SCALE: xa `.- III_.i' CIRV Garage Front Portal Framing 1/2"=1' Monolithic Slab on Insulated Frost Footing SHEET: A-6 TRUSS NOTES: VFNTII ATION NOTFS. ALL COMBUSTION APPLIANCES WILL BE VENTED DIRECTLY TO THE EXTERIOR.FURNACE ATTIC VENTLATION. +.ALL TRUSSES SHALL CARRY MANUFACTURERS STAMP. • FIREBOX AND TANKLESS WATER HEATER SHALL HAVE OUTSIDE COMBUSTION AIR SUPPLY AREA/200PURSUANT TO REGIONAL AND LOCAL CODES. 2.ALL TRUSSES SHALL BE INSTALLED B BRACED TO MANUFACTURERS PROVIDE I.MIN.AIR GAP AT SPECIFICATIONS EAVES WITH INSULATION ATTIC SHALL HAVE VENTILATION EQUAL TO 1 SQ.FOOT PER 150 SQ.FEET OF ATTIC SPACE. BAFFLES TY,AT ALL TRUSS 3.APPRCNL OF ENGINEERING BE FELD ALCULATERED WITHOUT PRIOR BUILDING DEPT. VENTILATION SHALL BE PROTECTED FROM SNOW AND RAIN AND SHALL BE COVERED • BAYS. AP LL TRU.F ENALL NO MNG CALCULATIONS WITH GALVANIZED WIRE SCREEN.OPENINGS SHALL BE LOCATED TO PROVIDE CROSS PROVIDE GABLE VENTS ALL a.ALL TRUSSES SHALL HAVE DESIGN DETAILS&DRAWINGS ON SUE FOR VENTILATION. GABLE ENDS. FRAMING INSPECTION. PROVIDE GALV.ROOFVENrs 5.NON BEARING WALLS SHOULD BE HELDDO00 FROM 5HE TRUSS BOTTOM EXHAUST ALL VENTS AND FANS DIRECTLY TO OUTSIDE VIA METAL DUCTS,PROVIDE 90 ABOVE O aCO%OONEREDFI.INCAE ROTTBBEARON THHEEWALL lNSImETHAT THE TRU.eOnoM CHORD WILL CFM(MIN)FANS TO PROVIDE 5 AIR CHANGES PER HOUR IN BATHS CONTAINING TUB AND/ m ' 6.ALL CONNECTIONS OF RAFTERS,JACK OR HIP TRUSSES TO MAIN GIRDER To OR SHOWER AND IN LAUNDRY ROOMS. BE PROVIDED BY TRU.MANUFACTURE GARAGES SHALL BE VENTED WITH 60 SQUARE INCHES LOCATED 6"ABOVE THE FLOOR 7.ALL RDOF FRAMING 24 00. SURFACE. B.ALL ROOF PITCH PER ROOF PIAN B.PARALLEL TRUSS CEILING PITCH UNDER FLOOR SPACES SHALL HAVE VENTILATION EQUAL TO ONE SQ.FOOT PER 150 SQ. FEET OF FLOOR SPACE.VENTS SHALL BE CAST INTO THE CONCRETE STEM WALLS AND H +D TRUSSES MANUFACTURED Err • COVERED WITH GALVANIZED WIRE SCREEN.VENTS SHALL BE LOCATED TO PROVIDE n.ALL OVERHANGS Bv.Ar. CROSS VENTILATION. • QI OS to 4/12 14/12 14/12 a •I O N O o 14/12 > • 12/12• • 12/12 .N •• ' 12/12 i N m �� I W E p95 as W 3 6/12 _. ®..._ DATE: 3/10/2020 SCALE: ROOF PLAN 1/4"=1'-0" SHEET: A-7 Subject Property: LA20-0000016 Vogstrom Residence 2710 Pence Lane Orono,MN 55331 To Whom It May Concern, This application is submitted for a detached garage and guest area for the sole use of the occupants of the principle dwelling and nonpaying guests. The guest house is residential in visual character and is compatible with the surrounding area. Proposed structure lighting shall be downward cast and not directed off the property. The proposed guest house will be connected to City sewer and water. Regards, Paul T. Vogstrom Paul Thomas Design Filename: eric variance narrative Directory: C:\Users\Paul Vogstrom\Documents Template: C:\Users\Paul Vogstrom\AppData\Roaming\Microsoft\Tem plates\Normal.dotm Title: Subject: Author: Paul Vogstrom Keywords: Comments: Creation Date: 3/5/2020 11:50:00 AM Change Number: 2 Last Saved On: 3/5/2020 11:50:00 AM Last Saved By: Paul Vogstrom Total Editing Time: 10 Minutes Last Printed On: 3/5/2020 12:04:00 PM As of Last Complete Printing Number of Pages: 1 Number of Words: 84 (approx.) Number of Characters: 481 (approx.) Hennepin Hennepin County Locate & Notify Map Date:2/18/2020 11:/ 7 2655 \ jL . 4 2693 Na r 2745 , 2700 �► 2695 . 2701 �i 7 11?3225 �I �?: d 2699 2701{.pl .j 2702 ell U 41) �i 2705 113' k JQ4. i 2700 1400. t (ATI (E " 1 ;siAIIMMIllmk- 2725 tact 272u si it z� 27" i� ,4. Ill2705 3275 :>= ps s (y}l 2765 iki _ r 2707 6$112760 I } M ill t si t51 "e t lt'�° ",!,1,,,I,.,.,.:•,;:,•.•,,>-+ 2795 RJ �, � t 2715 1 „....„,,,,„.„,,,,,,:,,,,„:„.„,. -Ii-,;,:pi5,:.w,.41-,;:---,.:,-.-i-:.---=:1;wk,-r,,,,,,tfq.,.."4-4.z,„ n ?.ti-,,ttt:'r•.'1',-`S':Ar:4e1-iT4lI;3''-mO'W,i,,,'ri'a.4Z-,0-fi*,-,.3:A*1-Af.*u4z1V;--nt41c4i--rtt'4.tkyi-.,lr4,1-1-_li:-A0.tIfz't44t-4i,k,k1-p,31l#''t4'A.yi41.ot.0Sp,,1i4f:'n4i1l!t',T,7,k4ii':kt-:'0t-i14rl,:r-,=.5:,1:I:tn--V-'4t""-..!,,41A.,IA..,tAR14- �ii t: ,,4 7 k404 { 1 } . r sr"nY sEs 4 (- �.a c� 6b k=` Yizd."r Y- 4,£4(41:++,,,, u.Yk' as y`9 'wL 3" dam. 'rYsyY G�:.� � .�x 4� f � �T' t� {got 'E). � =v„ F q _ E off p+; .0 t •- ;fist+ 4.104,14.` k .-i j gc Buffer Size: 500 0 50 100 200 Feet Map Comments: Iii I I I I I I 2710 Pence Lane mis data (i) a furnahed 'AS IS' with norepresenlatonasto completeness or accuracy, (i)is furnehedwifhnowarranty of any knd, and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shat not beliablefor anydamage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,M i nn ea polis,M N 55487/g is.info@hennepi n.us RUN DATE:02/18/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 14 0004 38 21-117-23 23 0013 38 21-117-23 23 0032 J&J BERG JOHN EDWARD HALL M J O'BRIEN&J D O'BRIEN 2655 LYDIARD AVE 2705 PHEASANT RD 2684 LYDIARD AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JAMES BERG JOHN EDWARD HALL MARY JOSEPHINE O'BRIEN 2655 LYDIARD AVE 2705 PHEASANT RD JOHN DENNIS O'BRIEN EXCELSIOR MN 55331 EXCELSIOR MN 55331 2684 LYDIARD AVE EXCELSIOR MN 55331 38 20-117-23 14 0007 38 21-117-23 23 0014 38 21-117-23 23 0033 MARK TAYLOR&MARY A TAYLOR PHEASANT LAWN HOMEOWNERS ALEXANDER L JOHNSTON 2697 KELLY AVE 38 ADDRESS UNASSIGNED 2700 KELLY AVE ORONO MN 55331 ORONO MN 00000 ORONO MN 55331 MARK TAYLOR&MARY A TAYLOR PHEASANT LAWN HOMEOWNERS ALEXANDER L JOHNSTON 2697 KELLY AVE 2700 PLEASANT RD 2700 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0008 38 21-117-23 23 0017 38 21-117-23 23 0034 MARK D KIEPER TRUST ET AL MICHAEL J CULLEN ET AL PETER J&RACHEL M PLUIMER 2695 KELLY AVE 2700 PHEASANT RD 2710 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MARK KIEPER MICHAEL J CULLEN PETER J PLUIMER POLLY KIEPER 2700 PHEASANT RD RACHEL M PLUIMER 2695 KELLY AVE EXCELSIOR MN 55331 2710 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0009 38 21-117-23 23 0019 38 21-117-23 23 0039 B W HOUCK&M A HOUCK L W GETLIN&D I GETLIN ANDREW J MCDERMOTT III 3225 CARMAN RD 2690 PHEASANT RD 2702 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 BENNETT W HOUCK LAWRENCE&DEBORAH GETLIN ANDREW J MCDERMOTT III MELISSA A HOUCK 2690 PHEASANT RD 2702 WALTERS PORT LA 3225 CARMAN RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0010 38 21-117-23 23 0020 38 21-117-23 23 0040 JON&KIRSTEN NIELSEN TRUST M A&K M DOLLIFF T R&W W STORLIE 3245 CARMAN RD 2680 PHEASANT RD 2701 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 JON S NIELSEN MATTHEW&KATHLEEN DOLLIFF TED R&WENDY WEIHE STORLIE KIRSTEN R NIELSEN 2680 PHEASANT RD 2701 KELLY AVE 3245 CARMAN RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0011 38 21-117-23 23 0024 38 21-117-23 23 0041 D M HECTOR&B K BOHN-HECTOR M T&M C JORGENSEN JT LV TR C MORIN&T M SREPEL 3265 CARMAN RD 2725 PHEASANT RD 2699 KELLY AVE ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 D MARK HECTOR MICHAEL T JORGENSEN CHARLES MORIN BONNIE K BOHN-HECTOR MARGARET C JORGENSEN TANYA M SREPEL 3265 CARMAN RD 2725 PHEASANT RD 2699 KELLY AVE EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 20-117-23 14 0012 38 21-117-23 23 0025 38 21-117-23 23 0042 PETER AHN&SUSAN AHN STEPHEN L BAKKE ETAL ELIZABETH ANNE REESE 3275 CARMAN RD 2765 PHEASANT RD 2703 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 PETER AHN&SUSAN AHN STEPHEN L BAKKE ELIZABETH ANNE REESE 3275 CARMAN RD 2765 PHEASANT RD 2703 WALTERS PORT LANE EXCELSIOR MN 55331 EXCELSIOR MN 55331 ORONO MN 55331 38 21-117-23 23 0010 38 21-117-23 23 0027 38 21-117-23 23 0043 M SJOQUIST&S SJOQUIST CHAD S&JUNE E TEARLE R F CROSBY II&P L CROSBY 2675 PHEASANT RD 2749 KELLY AVE 2705 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MELISSA SJOQUIST CHAD S&JUNE E TEARLE PATRICIA/RICHARD CROSBY II SCOTT SJOQUIST 2749 KELLY AVE 2705 WALTERS PORT LA 2675 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0011 38 21-117-23 23 0028 38 21-117-23 23 0044 MARY S POWELL&M W CONWAY JAY K WOOD&BARBARA D WOOD W J&S J KEEGAN 2685 PHEASANT RD 2745 KELLY AVE 2707 WALTERS PORT LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 MARY STEPHANIE POWELL JAY K WOOD&BARBARA D WOOD WILLIAM J&SANDRA J KEEGAN MICHAEL W CONWAY 2745 KELLY AVE 2707 WALTERS PORT LA 2685 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0012 38 21-117-23 23 0029 38 21-117-23 23 0046 ROBERT F K MARTIN ET AL PAUL JOSEPH RANDALL W M DUNKLEY&S K DUNKLEY 2695 PHEASANT RD 2701 PENCE LA 2710 PENCE LA ORONO MN 55331 ORONO MN 55331 ORONO MN 55331 ROBERT F K MARTIN PAUL JOSEPH RANDALL WILLIAM M&SUSAN K DUNKLEY STEPHANIE D SARANTOPOULOS 511 DANNY CT 3405 ANNAPOLIS LA N #100 2695 PHEASANT RD SAN RAMON CA 94582 PLYMOUTH MN 55447 EXCELSIOR MN 55331 RUN DATE:02/18/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 21-117-23 23 0047 38 21-117-23 32 0002 ANDREW J MCDERMOTT III SUSAN K SKIEM REV INTVIV TR 38 ADDRESS UNASSIGNED 2795 PHEASANT RD ORONO MN 00000 ORONO MN 55331 ANDREW J MCDERMOTT III SUSAN K SKIEM 2702 WALTERS PORT LA 2795 PHEASANT RD EXCELSIOR MN 55331 ORONO MN 55331 38 21-117-23 23 0048 38 21-117-23 32 0003 ENVIRONMENTAL PLANNING INC D E HABERMAN&H R HABERMAN 38 ADDRESS UNASSIGNED 2799 PHEASANT RD ORONO MN 00000 ORONO MN 55331 ENVIRONMENTAL PLANNING INC DONALD E HABERMAN 4910 IDS CENTER HEIDI R HABERMAN MPLS MN 55402 9730 SKYLANE EDEN PRAIRIE MN 55347 38 21-117-23 23 0049 38 21-117-23 32 0004 C MORIN&T M SREPEL JAMES D ECHTENKAMP ET AL 38 ADDRESS UNASSIGNED 2800 PHEASANT RD ORONO MN 00000 ORONO MN 55331 CHARLES MORIN JAMES&JEAN ECHTENKAMP TANYA M SREPEL 2800 PHEASANT RD 2699 KELLY AVE EXCELSIOR MN 55331 ORONO MN 55331 38 21-117-23 23 0052 38 21-117-23 32 0005 MARK C&ANITA S RIDGE J&G TEYNOR 2720 PHEASANT RD 2789 PHEASANT RD ORONO MN 55331 ORONO MN 55331 MARK C&ANITA S RIDGE GAIL M&JOSEPH T TEYNOR 2720 PHEASANT RD 2789 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0057 38 21-117-23 32 0007 M M COTTER&J A COTTER GREG HUELER&KELLI HUELER 2730 PHEASANT RD 2715 PENCE LA ORONO MN 55331 ORONO MN 55331 MARGARET M COTTER GREG HUELER&KELLI HUELER JEFFREY A COTTER 2715 PENCE LA 2730 PHEASANT RD EXCELSIOR MN 55331 EXCELSIOR MN 55331 38 21-117-23 23 0058 T J MAHONEY&K A MAHONEY 2760 PHEASANT RD ORONO MN 55331 TIMOTHY H MAHONEY 2760 PHEASANT RD EXCELSIOR MN 55331 38 21-117-23 23 0060 WILLIAM M&SUSAN K DUNKLEY 38 ADDRESS PENDING ORONO MN 00000 WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LA N#100 PLYMOUTH MN 55447 38 21-117-23 23 0061 WILLIAM M&SUSAN K DUNKLEY 38 ADDRESS PENDING ORONO MN 00000 WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LA N#100 PLYMOUTH MN 55447 38 21-117-23 23 0062 WILLIAM M&SUSAN K DUNKLEY 38 ADDRESS PENDING ORONO MN 00000 WILLIAM M&SUSAN K DUNKLEY 3405 ANNAPOLIS LA N#100 PLYMOUTH MN 55447 38 21-117-23 32 0001 CINDY SUNDET/SCOTT SUNDET 2791 PHEASANT RD ORONO MN 55331 CINDY T SUNDET SCOTT A SUNDET 2791 PHEASANT RD EXCELSIOR MN 55331 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator (4 From: Jeremy Barnhart,AICP yF G~ Community Development Director �9kE5H04.ti Date: March 16, 2020 Subject: #LA20-11, City of Orono Text Amendment related to Appeal timelines, Public Hearing Application Summary: The applicant is requesting approval of an ordinance that requires those wishing to appeal of a Council decision with the district court to do so within 30 days of that decision. Staff Recommendation: Planning Department Staff recommends approval as drafted. Background In Orono,the Planning Commission is established as the zoning board of appeals (board), and they may review appeals of zoning decisions made by staff from time to time. Appeals of zoning decisions are binding,though they may be appealed to the City Council. A person must file an appeal within 10 days of board's decision. A person wishing to appeal the Council's response to the issue may do so in district court. The City Attorney suggests the City Council, by ordinance, establish the time period within which an appeal must be filed in district court. The draft ordinance suggests 30 days. This amendment was authorized by the City Council on January 27, 2020. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends adoption of the ordinance as drafted. List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Code Excerpts Exhibit A LA20-11 1 ORDINANCE NO. ,THIRD SERIES March 16, 2020 2 3 CITY OF ORONO 4 HENNEPIN COUNTY,MINNESOTA 5 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES 7 BY ADDING A 30 DAY LIMIT TO APPEALS FOR JUDICIAL REVIEW 8 9 10 THE CITY COUNCIL OF ORONO ORDAINS: 11 12 SECTION 1. Sec. 78-99 shall be amended by adding text to read as follows: 13 14 Sec. 78-99. -Appeals procedures. 15 The decisions of the board on requests for variances are advisory and will automatically proceed to the 16 council for review.The decisions of the board on appeals are binding. The applicant or other person or 17 officers of the city affected may appeal a binding decision of the board to the council by filing a written 18 notice stating the action appealed from and stating the specific grounds upon which the appeal is made.The 19 notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to 20 the city,which fee shall not be refundable.An appeal under this section shall be filed no later than ten days 21 following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute 22 a waiver of the person's right to a hearing. 23 (A)All decisions made by the City regarding zoning shall be final,except that any aggrieved person 24 shall have the right to appeal within thirty(30)days after delivery of the decision to the appellant, 25 to the District Court in Hennepin County.Any person seeking judicial review under this ordinance 26 must serve the City and all necessary parties, including any landowners, within the 30-day period 27 defined above. 28 29 SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage 30 and publication. 31 ADOPTED this day of ,2020 on a vote of_ayes and nays by the City 32 Council of Orono,Minnesota. 33 34 ATTEST: 35 36 37 38 39 Anna Carlson, City Clerk Dennis Walsh,Mayor 40 41 Ordinance published in The Laker Pioneer newspaper the week of , 2020. 1 Subdivision I. - In General Sec. 78-96. - Board established. (a) A zoning board of appeals and adjustments is established.The planning commission is constituted as the board of appeals and adjustments.The board shall have the following powers: (1) To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter. (2) To hear requests for variances in accordance with this chapter. (3) To exercise other functions as provided in this chapter. (b) Subject to such limitations as may be imposed by the council,the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. (Code 1984, §§ 2.54(1), (2), 10.06(3), 10.08(2)(C); Ord. No. 178 3rd series, 5 9, 10-10-2016) Sec. 78-97. - Hearings. Hearings by the board of appeals and adjustments shall be held within such time and upon such notice to interested parties, as follows: (1) The board shall within a reasonable time make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. (2) Any party may appear at the hearing in person or by agent or attorney. (3) Subject to such limitation as may be imposed by the council,the board may adopt rules for the conduct of proceedings before it; and such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. (4) The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. (Code 1984, § 10.06(3)(F)) Sec. 78-98. - Notice of hearing. A public hearing following requirement of section 78-48 shall be required for an appeal or variance. (Code 1984, §§ 2.54(3), 10.06(3)(C), 10.08(2)(B); Ord. No. 166 3rd series, § 1, 3-14-2016; Ord. No. 210 3rd series, § 3, 6-25-2018) State Law reference— Notice of hearings to be as provided by ordinance, Minn. Stat. § 462.354, subd. 2. Sec. 78-99. -Appeals procedures. The decisions of the board on requests for variances are advisory and will automatically proceed to the council for review.The decisions of the board on appeals are binding.The applicant or other person or officers of the city affected may appeal a binding decision of the board to the council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made.The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refundable. An appeal under this section shall be filed no later than ten days following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (Code 1984, § 10.06(3)(D); Ord. No. 178 3rd series, § 10, 10-10-2016) Sec. 78-100. - Reserved. Editor's note—Ord. No. 178 3rd series, § 11, adopted Oct. 10, 2016, repealed § 78-100, which pertained to subdivisions and derived from Code 1984, § 10.06(3)(B)(2). Sec. 78-101. -Official map. After an official map is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a permit for a building in such location is denied,the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it,that: (1) The entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; and (2) Balancing the interest of the city in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of his property and in the benefits of ownership,the grant of such permit is required by considerations of justice and equity. (Code 1984, § 10.06(3)(B)(3)) State Law reference— Effect of official map, Minn. Stat. § 462.359, subd. 3. Secs. 78-102-78-120. - Reserved. .N To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator RICI )L., From: Jeremy Barnhart,AICP stn � Community Development Director `�kESHO0' Date: March 16, 2020 Subject: #LA20-14,Timothy Whitten, Whitten Associates o/b/o I Jacobs/A Jacobs Revocable Trust, 1700 Shoreline Drive, Sketch Plan Application Summary: The applicant is requesting sketch plan feedback for a proposed 7 lot single family residential subdivision on the 20.14 acre property. 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 subject property was subdivided in 2016,when approximately 9 acres was subdivided off into three lots with Tanager Lake Frontage. This application subdivides the remaining 20 acres into 7 buildable lots. Analysis. The applicant proposes a 7 lot single family residential subdivision on the 20.14 acre parcel. The property currently includes one principal structure and several accessory buildings, including a guest house, a well house, and a guard house. The parcel has frontage on both Tanager Lake (to the north) and Smith Bay(to the south, across Shoreline Drive). The Site includes a large wetland on the south third of the lot, and a smaller wetland on the north side of the lot. The northern third of the lot, in addition to the wetland, includes steep slopes and well established vegetation. The middle third of the lot is dominated by grass lawn with sporadic trees. The property is in the Municipal Urban Service Area (MUSA) and eligible to be connected to sanitary sewer. The existing home is connected to sanitary sewer,through Heritage Lane. The developer proposes serving all lots with municipal sanitary sewer,which is important because this connection impacts the required buildable area. The sanitary sewer system has not been developed at this stage. The project includes the extension of a private road that terminates in a cul de sac. The cul de sac bulb and the right of way appear to conform to city standards,though the length of the cul de sac exceeds the code limit of 1,000 feet. Access to the site is proposed via Shoreline Drive, in the location of the existing driveway. The presence of the large wetland limits alternative locations for a road. FILE#LA20-14 March 16,2020 Page 2 of 3 Lot area and width. The lots appear to meet the minimum standards for lot area and width: Required Area Provided Area LR-1A (acres) (acres) Required Width(feet) Conforming Buildable Gross Buildable Gross @FSB @OHWU75 Lot 1 (Lake) 0.5 2.0 1.31 3.64 200 215/213 Yes Lot 2(Lake) 0.5 2.0 1 3.28 200 214/210 Yes Lot 3(Lake) 0.5 2.0 1.38 3.42 200 230/225 Yes Lot 4 0.5 2.0 2 2 200 219 Yes Lot 5 0.5 2.0 2 2 200 238 Yes Lot 6 0.5 2.0 1.44 2 200 307 Yes Lot 7 (Lake) 0.5 2.0 0.77 2.18 200 203/261 Yes The developer has not provided anticipated house design,though house pads have been anticipated. It is expected that each home would be individually designed to accommodate its particular lot. Conservation design. This project will trigger the conservation design process,where further study of the forested area in the northern third is expected. Average Lake shore setback. The subject property has frontage on two lakes,with extreme setbacks on adjacent lots. The average setback for the new lake lots will be established as part of the preliminary plat. Engineer Comments The city engineer and the County transportation planners have provided comments, attached as Exhibits E and F. The engineer's comments are general in nature at this stage, but note that stormwater management will be required. These features may impact lot or road design. The County prefers that access come via Heritage Lane. This seems problematic, due to the development pattern on Heritage and the steep slopes between Heritage Lane and the subject property. The County does suggest turn lanes or similar on Shoreline, and the coordination with the development of adjacent lots. Public Comments The applicant hosted a public informational meeting the evening of March 12th. As of this writing, no public comments have been received. Issues for Consideration 1. Are there any issues or concerns with this application? Planning Staff Recommendation Planning Staff requests feedback. List of Exhibits Exhibit A. Application FILE#LA20-14 March 16,2020 Page 3 of 3 Exhibit B. Plans (Plan/Building pad locations) Exhibit C. Aerial Exhibit D. Staff Comments Exhibit E. Engineer Comments Exhibit F. County Comments Exhibit G. Average Lake shore setback exhibit Land Use Application Summary Application Date: 02/18/2020 Address: 1700 SHORELINE DR WAYZATA, MN 55391 Parcel Number: 1011723140022 Land Use Number: LA20-000014 Application Submitted Agent on behalf of property owner By: Owner: Name: IRWIN L JACOBS Address: ALEXANDRA JACOBS 1700 SHORELINE DR WAYZATA, MN 55391 Applicant: Name: Timothy Whitten Company: Whitten Associates. inc. Address: 4159 Heatherton Pl Minnetonka, MN 55345 tim@whittenas sociates.corn Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: 20.14 acres Land Use Application Amendmend Application Type: Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: ,/� I ",* '� 9"'i9 ' /. est\ \\1\ `\ \i` 1 1I�\ i �,,z m i >0 AA i I ✓) , r 4 i- , � 17- \ ur , .�� r ,' l *h / // /.,n� i , ! t /, DELINEATED :I ,----7--. E N �� /1,i; �.._. \ �� I � 1 WETLAND - ( �l� 1, r l A PRESERVE ! /s�r y f 7 � \� ri t 1 I \ a., fi) � ' �utt\I�v J I I - .',vm w,,, �-v k WETL i (,-",,7., ,} /71/ NOVO 04' i,i4s,' //;/-77 ''._-,-,-,,;": ' ‘*.4.,,', : :-_,4'-iii--r.-:&.'_- 7-::11--7-'f-_-±13''',, .____,,-7:- ,,'N'."--,. 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'---4 •__.r.c ,;,--- \ \--i.,\ : •-,-!) ..,. ,, ' \ \ i'UL111.• -,- CO \ 1 DELINEATED MANAGE 1 WETLAND ) , o ' \----/ -'", ':''`....i\--,•,, \• § 2 ,.,„ ,,, 1 :.1,11:\,:No, 3.64 ACRES -- ', 1' ( ' 1 . - \ ' i '‘ '..) „.., 3.28 ACRES (,-- ',--,<, , , , 3.42 ACRS '• ) ,, ..1.__ 396 0 , .,.)I, l•"'ff' (e ctettS) S=07.23•27 "- ''''' K i 1...303,,, ,-230' "4' -')- •2'----'-'--- ,.. , — SF ,"t .' __ • ' . —---- (-:$5r.„.,.W 743 t ) 1...,„.- .-_,__.,,, I 41 E__-_• '-'''' ," 215' - '----': ,,, 'A - ---- ----- -- -----SHORELINE.DR -----'---- - --'.- -"-tsiOn; --: -,,,----:--9i.---------:-- =---T-- ------- -otiTt..-0T -c- — - -_----__ --:::-, _-,---_---- .. tra:01 _____- -- 2" SCALE: I" = 100'-0" 3 920 Tg-_-__----..,------_-----i A___----------- . .. .. . , _ WHITTEN ASSOCIATES, INC. JACOBS PROPERTY, OkONO, MN . . ,7'' 4' N y 1 sy '+ Y .re >• ',r+ i ! „. e'r r'`„tsi ` t =t -r air .. 'Itli‘.k..,z 4 . 1#11r1 i 4 4 ' 'I` ,,,,, _.''' .44'''' 4 ...f 4,,',.** ', I,— 1,s'%5,, i, IT , '.../-• ‘,.. ' if. i JR lh q s F ', ' i \ ''.4.4- ' :, , ...,„,,,,f: ,r, ... ,,„ t, ' � u ¢ sgo- r j J '! ,i �, Pk ' J.).)0 WHITTFN ASSOCIATES, INC. JACOBS PROPERTY, ORONO, MN *atiov-!(t),_ CITYOF O ONo Street Address: Mailing Address: Telephone(952)249-4600 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 ' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us ' SHQ� February 26, 2020 Timothy Whitten Whitten Associates, Inc. VIA EMAIL 4159 Heatherton Place tim@whittenassociates.com Minnetonka, MN 55345 Re: 1700 Shoreline File#LA20-14 The city has received your submittal of a sketch plan for a proposed development of 1700 Shoreline Drive. This project is scheduled for review at the March 16 Planning Commission meeting. Your plan shows 7 lots and a new road terminating in a cul de sac. Though not stated, it is assumed that the road will be a private road. 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 March 9, 2020. 1. This subdivision is predicated on the provision of sanitary sewer to all of the lots. Further study is necessary to verify the feasibility of this extension. This property is in the MUSA,and is therefore eligible for connection to the service. 2. The private 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. 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. 4. I have forwarded the sketch to Hennepin County regarding the access question, and will share any comments once received. 5. Lot width for the lake lots is measured both at the Ordinary High Water Line (OHWL) and at the building setback line (75 feet back). It appears that all lake lots meet the width requirement. The width of non- lake lots is measured at the building setback line (50 feet back). It appears the non-lakeshore lots meet this requirement. 6. 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. 7. It is often helpful to provide an example of the targeted house type/size. 8. The city engineer has provided some preliminary comments, also attached. 9. As a subdivision with 6 new lots,the developer should anticipate the following fees: a. Stormwater Trunk ($8,060 per new lot) = $48,360.00 b. Sanitary Sewer ($5,380 per new lot) = $32,280.00* c. Park Dedication ($5,550 per new lot) = $33,300.00 $113,940.00** *each new residence will be subject to Met Councils SAC charge, due at the time of building permit ** These fees are estimates based on the 2020 fee schedule and the 6 new lots proposed and are subject to change. 10. The following comments are based on an annotated copy of the plan, numbering the lots. a. The rear yard for lots 4 and 5 are 50 feet, not 30 feet as shown b. The watershed district will establish the buffer requirements for the wetlands. The City does not require an additional setback(Lot 7) c. Lots 1, 2, 3, and 7 are lake lots, and therefore subject to the average lake shore setback. Future plans should show the existing principal structures on the adjoining lots. (1100 Millston, 1125 Millston, 1760 Shoreline). d. Lots 6 and 7 likely include some protected bluff areas.These should be shown on future plans. At this point additional information is not required for submittal,though a revised plan sketch numbering the lots will be advantageous for the Commissions' understanding of the project. Also, the lines differentiating the lot lines and the buildable/ non-buildable areas appears the same, making the plan a bit confusing. You may wish to change these. 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 cz,7 Jeremy Barnhart,AICP Community Development Director Attachments Cc: Heather Maanum (heather@whittenassociates.com) From: Adam Edwards To: Jeremy Barnhart Subject: LA20-000014 Irwin Jacobs Development 2 Sketch plan review Date: Tuesday,February 25,2020 1:17:54 PM Jeremy, Sketch plan review comments: Roadway 1. The street and cul-de sac will need to meet city standards. At 7 units the ROW will be 50 ft and the pavement 28 ft. The cul-de-sac will need to have a 50 ft radius for ROW and a 40 ft radius for pavement. 2. The connection of the proposed street to Shoreline Drive will require a Hennepin county permit. Site grading and Stormwater 1. Plans must include a Storm Water Pollution Prevention Plan (SWPPP) that meets NPDES requirements. The plan should include a rock construction entrance, perimeter silt fence, inlet protection, and ditch checks in swales. 2. A Stormwater Management Analysis complete with calculations detailing volume control and water quality compliance must be submitted for review and approval. 3. Facilities necessary to meet regulatory requirements should be installed and the site mass graded at the same time as street construction to ensure all drainage ways and watersheds are constructed per the Stormwater Management Plan. 4. Permits with the MCWD will be necessary and the applicant should begin coordination with them early in the process. 5. Drainage and Utility Easements should be indicated on the plans as necessary to cover all stormwater management facilities. 6. Flowage and Conservation Easements should be indicated on the plans as necessary to cover all wetlands. 7. 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. Utilities 1. Municipal water is not available. Private wells will be required 2. The existing house is served by low pressure sanitary sewer service which connects into the Heritage lane system. This service line connection could be reused by one of the proposed lots. 3. A new sewer system will need to be designed and installed to meet the needs of the other six properties. Adam Adam T. Edwards, P.E. Director of Public Works/City Engineer City of Orono (952) 249-4661 aedwards@ci.orono.mn.us From: )ason D Gottfried To: )eremv Barnhart Subject: RE: [External] 1700 Shoreline sketch plan Date: Wednesday,March 4,2020 9:43:05 AM Hello Jeremy, As we discussed, I brought this item to our plat review committee Tuesday(March 3rd) and we offer the following prelim comments for your consideration: Our first preference would be to extend an access easement with the neighboring parcel to the north and to extend a driveway to Heritage Ln. If that is not considered reasonable, we accept the retention of the existing driveway along CSAH 15 (Shoreline Dr) as proposed with the following caveats- • Due to the additional trips of slow,turning traffic along this high volume, higher speed two-lane road, we prefer the applicant provide full turn lanes at the driveway to optimize the resident's safety and comfort. • It would be prudent for the city to pursue access easements/ghost platting with the neighboring parcels should they redevelop in the future. We want to consolidate driveways along Shoreline Dr whenever an opportunity presents itself. • Please verify adequate sight distance at the driveway apron. Tree trimming may be necessary. Additionally,we want to confirm underlying ownership of the right-of-way abutting the Lake?This preferably could be rededicated to us to protect the integrity of the roadway over time should erosion and other natural factors begin to impede. We could of course dedicate easements should the residents want to build/have access to dock's etc.. Thank you for your consideration,we can further discuss as city staff feel fit 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<jbarnhart@ci.orono.mn.us> Sent:Tuesday, February 25, 2020 10:55 AM To:Jason D Gottfried<Jason.Gottfried@hennepin.us> Subject: [External] 1700 Shoreline sketch plan Jason, The city received the attached sketch plan for the property at 1700 Shoreline Drive. They propose a new private road to connect to Shoreline Drive. Please let me know if you have any comments. This project will be reviewed by the Planning Commission on March 16th. I'd appreciate any comments by March 9th, if possible. 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. Hennepin Hennepin County Property Map Date: 2/25/2020 . a. \` y'�,• { , .tF M' j E fly. k' '.til . , - +qd !'� ) , k ri -- --:,,, : ., #., f 'i,. 1 I u ..4� A,. ,, . ,, ,� - _ ,i,,,All , , , . ,.,, , :, ,, .. . ,::,,,..„...-.::::*,,,,,,z,..4::.. :. F , „ „-,:,,,:: i i ., t J { I ' -4a ' s, f 1 inch =400 feet PARCEL ID: 1011723140022 Comments: OWNER NAME: I LJacobs/A Jacobs RevTrst PARCEL ADDRESS: 1700 Shoreline Dr, Orono MN 55391 PARCEL AREA: 20.14 acres, 877,429 sq ft A-T-B: Torrens SALE PRICE: SALE DATA: SALE CODE: This data(i)is furnished'AS IS'with no representation as to completeness or ASSESSED 2018, PAYABLE 2019 accuracy;(ii)is furnished with no waPROPERTY TYPE: Residential Lake Shore for legal,ranty of anyinkind;inor surveyingand i)is notsuitable engineering or purposes. HOMESTEAD: Homestead Hennepin County shall not be liable for any MARKET VALUE: $6,305,000 damage,injury or loss resulting from this data. TAX TOTAL: $85,590.06 COPYRIGHT©HENNEPIN ASSESSED 2019, PAYABLE 2020 COUNTY 2020 PROPERTY TYPE: Residential Lake Shore HOMESTEAD: Homestead MARKET VALUE: $6,578,000