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HomeMy WebLinkAbout05-18-2020 Planning Commission Packet -SILO \ \ Agenda aPlanning Commission Meeting y May 18,2020,6:00 P.M. ��, Orono Council Chambers,2780 Kelley Parkway, Orono,MN 55356 G �AKFsr�ov- 952-249-4600/www.ci.orono.mn.us This meeting is being held remotely, under the authority granted by Minnesota State Statue Section 13D.021. Planning Commission members will be participating via electronic means. Audience Members: All City Meetings are being held virtually. To participate, watch, or provide comment, please register for the Orono Planning Commission Meeting — Monday, May 18, 2020 which begins at 6:00PM at: https://attendee.gotowebinar.com/register/2091308905974248976 You can register ahead of time. After registering, you will receive a confirmation email containing information about joining the webinar. The non-interactive livestream of the meeting can be found by selecting the date of the meeting on the City's website: http://oronomn.granicus.com/ViewPublisher.php?view_id=1 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: Richard Crosby Pledge of Allegiance Approval of Agenda Approval of Minutes March 16, 2020 Public Hearings 1. LA20-000021 Jeff Brady, 350 North Shore Drive West, Variance (Staff: Laura Oakden) 2. LA20-000024 Jay Nygard, 1380 Rest Point Road, Lot Area, Lot width, Hardcover, and side yard setback variances (Staff: Jeremy Barnhart) 3. LA20-000028 Bay Cliff Homes, 2440 Old Beach Road, Variance (Staff: Melanie Curtis) 4. LA20-000029 Michael Louwerse, 4731 North Shore Drive, Variances (Staff: Melanie Curtis) 5. LA20-000030 Sambatek on behalf of YMCA of Greater Twin Cities, 135 Orono Orchard Road North, Preliminary Plat (Staff: Jeremy Barnhart) 6. LA19-000031 Dale Gustafson, 2927 Casco Point Road, Variances (Staff: Laura Oakden) Other Business 7. LA20-000027 Bob Erickson, 365 Westlake Street, Sketch Plan (Staff: Laura Oakden) 8. Update on April 27, 2020 Council meeting Adjourn Planning Commission Liaison to Monday, June 8, 2020 City Council meeting: Bob Erickson Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler(arrived at 6:06 p.m.) Vice-Chair Bob Erickson, Commissioners Chris Bollis, Matt Gettman,Dennis Libby, and Mark Doepke,Alternate. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden. Vice-Chair Erickson called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Gettman moved,Bollis seconded,to approve the Agenda for the March 16,2020 Planning Commission meeting.VOTE: Ayes 5,Nays 0. NEW BUSINESS 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 18, 2020 Libby moved,Gettman seconded,to approve the February 18,2020 Planning Commission Meeting Minutes.VOTE: Ayes 5,Nays 0. 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- 6:02 P.M-6:29 P.M. Pat Hiller, Source Land Development,was present. Staff presented a summary of packet information. Doepke asked what purpose will be served by the proposed elimination of the conservation area within Lots 17 and 20 of Block 3. Curtis stated they are removing area from Lot 17 and replacing it on North Arm Drive in addition to a portion of Lot 20. She noted the developer could describe that,but believed it was a buildability issue. Doepke said he was curious about the discontinuity between the buildable portions within that lot. Curtis stated, if approved,they will move the lot line between 17 and 20 to accommodate the vacated area for a building site. It is an administrative area and not part of the application in front of the Commission. Ressler(arrived at 6:06 p.m.) Mr. Pat Hiller, Source Land Development, said as they gained some experience in the project,there were a certain number of lots not as favorable for building due to where the conservation lines were drawn initially. With some adjustments to the conservation lines as proposed,the lots are much more buildable. They wanted to do it on a balanced basis so the net conservation area of the project is at least the same,if Page 1 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. not more. The conversion of Lot 9 in Block 3 is making it possible. The owners of Lot 8 and the owners of Lot 9 are willing to combine the two lots and convert the entire buildable lot to conservation. He said that, in addition,they are proposing to change other conservation areas. Pointing to a dark green shaded area in Lot 17 of Block 3 of the plan,he stated the septic sites are towards the front of the lot and there is basically no way to grade the lot. He said it should never have been designed that way and is not very workable. He is proposing to flip-flop the building pads,and noted the green area would be put into conservation and the building pad moved off of North Arm Drive. It still leaves a continuous conservation area.He pointed out the areas of conservation and land that will be removed in the conservation area to make the lots more workable and gradable. There will be a net of 16,000 square feet of conservation area added to the project. He stated this will help the builders get through the project quicker and make the lots more saleable,buildable, and usable. They started with 46 lots and have 14-15 left, so the project has performed about as expected. Doepke asked whether the intent is to change the property line for Lot 17,go diagonally to the northeast, and the remaining portion of Lot 17 will be buildable. Mr. Hiller stated he was correct, indicating the hash mark area on the plan will be the buildable area. He said the existing line for Lot 17 does not meet the 200-foot front minimum. The only way to do so was to carve a triangle into Lot 20, into its conservation area,to create the appropriately-sized buildable pad. Both lots remain the required 2 acres, so all zoning standards are being met. Doepke stated there is a stream slightly within the conservation district going from north to eventually southeast on Lot 13 and the withdrawal of the triangle of the conservation area would make the buildable part of Lot 13 closer to the stream, which is closer than Lot 14's distance from the same stream. He asked how that situation came about. Mr. Hiller explained there is a 20-25-foot drop-off from the street to the stream and a conservation area around the stream for its protection. The area was so close to the building pad that it did not allow for the site to be graded. The change allows the lot to be graded properly. Chair Ressler opened the public hearing at 6:12 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 6:12 p.m. Ressler stated the main consideration is whether this would have been approved had it been in the initial application. If so,the Commission would not have a reason not to accept it. Gettman said he is familiar with the area, and 16,000 square feet is actually 'A of an acre,which is minimal. He is not comfortable with any changes,adding that it was a pushed-together agreement that has already upset a lot of people and wondered why the Commission would continue to upset more people. He anticipates the vacated area on Lot 17 being taken over by Lots 16 and 18. He already sees people doing activities like snowmobiling in the area, so he does not see it as being"conserved land." Bollis echoed Gettman's thoughts. He is fine with minor changes that make the lots more buildable,but said flipping Lot 17 takes a lot of buffer from North Arm Drive and changes the dynamics. He does not know if it would have been approved originally since he was not present when it was presented earlier. He is fine with the rest of the changes. Page 2 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Erickson stated he recognizes Staff approval,noting the Commission is allowed to recommend approval for all, some, or none of the changes. He said he is in receipt of 3 letters: Mr. Eader suggests he has come to an agreement.Bryce Johnson,who is representing the Citizens for Lakeview Preservation, said he is generally okay with it but hoped any individual issues affecting neighboring houses can be solved to the satisfaction of those involved. Mr. Crandall,a homeowner next to Lot 15, is concerned about the loss of the conservation easement area on Lot 15. He said, keeping those documents in mind,he would lean towards improving the plan with the exception of the Lot 15 loss of conservation area. Libby said he tends to agree with Staffs evaluation since the proposal has met their expectations. Overall, he looks at this from a highest/best use perspective. He is conscious of conservation, preservation, and restoration,yet the original development evolved into some unforeseen consequences. Land development is complicated and not perfect; moving dirt is very expensive. He felt the proposal was fairly well thought out, but as the process has gone through subdividing land and lots,things happen. He does not see a deprivation;he sees a gain. Doepke stated the trading of land for other land benefits the community overall. His concern is Lot 15, wherein the owner of Lot 10 was expressing an issue about having some of the conservation easement taken away. The letter indicates the issue was satisfactorily resolved. He did not get an understanding from the letter that Mr. Crandall was referring to the Lot 15 issue, so he had no comment. He has a slight concern with the addition of a driveway right on the curve of North Arm Drive. Ressler noted he tries to look at things with an unbiased lens. Generally, people are opposed to developments. This is one of the largest developments that has been done in recent history in Orono, and change is naturally going to be opposed. In these types of situations,he tends to follow Staff recommendations. Although he sees the opposition, he feels like the applicant has done their best to try to appease some of the opposition and made efforts to improve that. Doepke asked Staff what the specific consideration was in regard to the driveway that would be added along North Arm Drive,as far as if the County would need to be involved, etc. Barnhart said Staff has not done any analysis on the driveway location or where the house would be located. That would be a discussion for later. Erickson asked Staff to point out what lot Mr. Crandall was referring to. Curtis stated she assumed he meant Lot 17, but she doesn't know because he did not say. Erickson noted Mr. Crandall's letter indicates that when he bought his house there would only be one new house next to him. With the loss of conservation area,another house would be allowed, presumably on the other side. Doepke said if Mr. Crandall is on Lot 21, Lots 20 and 22 are already buildable,which is very clear. His letter is not very clear. Erickson stated that Mr. Crandall is clear that he is getting another house that he was not planning on. Page 3 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Mr. Hiller said he thought Mr. Crandall's letter was regarding the new building pad on Lot 17 and that was his concern, not Lot 15. He lives on Lot 21 and there will be a house between his lot and Lot 17, so it does not affect him directly. He pointed out the location of the garage, and then the location of the driveway and where it would meet North Arm Drive. He estimated the sight distance around the bend at roughly 270 feet. He felt that was an adequate sight distance. The rationale for flip-flopping the,site is because it currently is not usable from a practical standpoint. Gettman said part of the issue is that Lot 20 is currently undeveloped and the Lot 21 owner looks at the area as open and will get upset with Lot 20 being built on.Another lot in between is going to add to the traffic,congestion,and the view they are trying to preserve. He appreciates that Staff has not steered the Commission awry,but the Commission's purpose is not to reiterate what Staff has done, it's to give feedback on what the impression is for the community,which is purely negative. Libby moved to approve 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. Motion failed due to lack of a second. Gettman moved,Erickson seconded,to deny 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. Doepke asked if the Commission needed to discuss whether to deny something in full or in part. Ressler said that has happened in other meetings and often time is wasted trying to find a way to make it work.The feedback provides the option for the applicant to take it further,regardless of the findings,to go in front of the City Council for their final ruling.Unless Staff has another opinion,he believes that is the direction the Commission has been given. Barnhart agreed with Ressler,noting there is a motion and second on the floor to deny the proposal as presented. He did not hear from anyone a desire to make a motion to approve in part or deny in part. He stated it was appropriate to vote on the motion as presented. VOTE: Ayes 4,Nays 2 (Ressler, Libby). Barnhart said the City Council will receive the minutes with the discussion and recommendation of denial, likely on April 13,and vote based on that. 3. LA20-000007 PAUL VOGSTROM,2709 WALTERS PORT LANE,VARIANCES- 6:29 P.M.- 7:21 P.M. Paul Vogstrom, 1151 North Arm Drive, o/b/o the Property Owner,and Sue Dunkley, Property Owner, were present. Staff presented a summary of packet information. Mr. Paul Vogstrom stated the owner had a geothermal system in place that no longer works because of a house fire.They are not upgrading the system;they are trying to put a system back in that will be functional. They have spent a lot of time trying to get the heating system to work.Although this is a large home, it does not allow for taking out a 3-story stairway in order to put the furnace room in. He said the Page 4 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. whole house is basically in the 0-75. One of the variances he is looking for is 3 square feet, and he pointed out that area on the plan. He understands impacting the shoreline is sensitive not only to him,but also to Staff and everyone that lives in the community. He discussed the location of the stormwater management system and noted the retention area on the plan,which will minimize any runoff impact on the shoreline. He noted another variance is the average shoreline setback--on a man-made channel -- which brings the average shoreline setback to 150 feet from the shore.He said, with the shape of the land, the equipment in the first room has been challenging, and they did the best they could and minimized it to 3 square feet.They are taking the water and directing it away from the lake. They believe it is a hardship arising from the fire. The owners loved their geothermal heating system, but the fire got so hot that it compromised all of the in-floor radiant heat. They had to jackhammer all the tile up on the floors except the basement. On the main level and second floor, it is demoed to the studs. The heating system needs to be in the basement, and he did not feel it made sense to tear more things apart,remove stairways, or do something internally to put a system in,because the homeowners had no control over this issue. Mr.Ashraf Wahba,AS&W Mechanical Corporation, said the fire was over 1200°F in the garage. He had photos of where the fire started and also the staircase in the basement. He discussed the support load beam and indicated nothing could be moved interior-wise. The only 2 things that survived the fire were the elevator and staircase,and he said he could not justify demoing the stairs. He displayed several pictures of the structure's interior and talked about the challenges given the sizing, configuration,and concrete.According to State Code,there cannot be obstructions 3 feet in front of a breaker panel and anything related to line voltage or low voltage. He also pointed out the steel welded into the structure on the second level. He said the fire was in the kitchen and went up. He indicated the geothermal heat pump company went out of business in 2012. He noted there were initially 3 mechanical rooms. The new mechanical room will contain a boiler,domestic hot water, and ventilation system, which is the same as before the fire. The fourth mechanical room will be in the master bedroom. He discussed the code requirements that need to be followed in relation to the house. He stated it is not an equipment upgrade; it is more of a downgrade. Ms. Sue Dunkley,2709 Walters Port Lane, said the codes changed 3 times since 2008 but they were in compliance when the house was built. Because of the location of the furnace room and electric,they need to use that area for what it was intended. She is hopeful that since the issue is being 3 feet closer to a man- made channel as opposed to a lakeshore,that this is something they can go with. She knows the Commission does not want anyone in the 75-foot setback. She said the house was built in the 1950s,there was no Council at that time,and that is the foundation they have. They did not intend to be on the Lakeshore. She understands the drainage area has been a huge problem from the beginning, and they are spending a large amount of money to readjust all of the drainage that comes throughout the neighborhood. She is hopeful the Planning Commission can help them out; it will be 11/2 years before the project is done. Mr. Vogstrom said there is an Affidavit from a neighbor that supports this and doesn't have an issue with the addition. There have been meetings in the neighborhood, and as far as he knows,no one has voiced opposition. Chair Ressler opened the public hearing at 6:46 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 6:46 p.m. Page 5 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Ressler asked Staff if there was a place that would have made it conducive without creating a need for a variance or if it was required because of the lot. Curtis said that is what the applicant requested and proposed. Mr. Vogstrom asked the Commission to look at the orange line on the plan and indicated there is nowhere to add on and said this location is the best spot to minimize hardcover in the 0-75. Looking at the floor plan of the basement,given the location of the electrical and geothermal rooms,they would have to move a 3-story stairway in order to expand those rooms. He did not know if that was a good option and did not know where else to put the furnace without doing a major tearout and rebuild. He noted they do not have to demo the basement,just the area around the existing utility room. Gettman asked if the companies that made the geothermal equipment in the existing footprint no longer exist. Mr. Vogstrom indicated he was correct. Gettman asked if there were similar companies that provide similar equipment that could go in the same footprint. Mr. Wahba indicated that the equipment would be larger. Gettman asked if that would be in comparison to this proposal, which is to change the entire HVAC. Mr. Wahba said they are replacing what was damaged in the fire. If they replaced the geothermal, every heat pump that is water-to-water or water-to-refrigerant is larger. With the furnaces,his plan will downsize/downgrade. Gettman noted that would be true except the sliver of area indicated on the plans. Mr. Vogstrom stated the geothermal would be a larger footprint with the new equipment. Gettman asked if the geothermal replacement would require them to go outside of the current footprint. Mr. Vogstrom and Mr. Wahba said that it would because the heat pumps are larger than the old ones. Gettman asked whether that would take space inside the house or outside the house. Mr. Vogstrom said the loops would have to be heated outside. Outside you would have loops that store water; inside the house you have to have a source to heat it.The heating source is a larger system now. Mr. Wahba said it would have to be heated with a boiler and with heat pumps outside. Doepke,referencing the diagram, asked if any consideration was given to moving the utility room up to the diagonal wall,which is to the right of the front door,because that way nothing would be within the setback and may also create a bigger space in the basement. Page 6 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Mr. Vogstrom stated that would not be a large enough area. In addition,there are support beams in the area which makes it not feasible,because that area would be torn apart. He noted there are many things that could be done,but the fire created the hardship. Ressler said a fire is a reason for a hardship to replace like-kind. Adding structure is the deliberation of whether that fire is feasible for like-kind replacement. In his opinion,a fire is not necessarily grounds for a hardship. It sounds like the applicant is not able to replace like-kind with the equipment that is currently in the building. Mr.Vogstrom said he understands it is a complicated situation but the hardship is as a result of the fire. He understands they are adding a setback,but it is an unusual lot and it is 3 square feet. He noted they are also completely redoing the grade and fixing a major problem in the neighborhood.He thinks that should be taken into consideration when talking about 3 square feet and putting in a new furnace system to accommodate their hardship. Libby noted that this is a unique and unusual home. In the past he has seen people avoid expansion of the footprint by using a portion of the basement footprint and install equipment subterranean to whatever the base floor is of the basement. He suggested the possibility of having mechanical and electrical rooms that are below the level and below the basement grade which may avert the variance process. Ressler asked Libby whether, since it is a small amount being talked about,he is saying that hopefully the applicant can do the project within the dimensions that are available. Libby said he cannot give a plan or engineering design but suggested the designers take a look at it.From past experience,he knows it is doable and feasible architecturally and mechanically. He noted that if the water table was high,there would need to be some abatement of water flow with neighbors. Mr. Vogstrom said they could do anything but felt this design was the least impactful. It would be costly to do an underground heating system within the existing footprint and it would have more of an impact on the look, shoreline, etc. He has suggested what makes the most sense and the least impact. Libby asked how many square feet is below grade. Curtis said the footprint of the entire house is 10,700 square feet. Mr. Vogstrom said it was a couple thousand. Curtis asked the applicant if the accommodation for the utility room could be done in the basement and without the first-floor addition. Mr. Vogstrom stated it could potentially be done,but the impact is already there and they would still need to put a roof on it. Curtis asked if the square footage would be below grade and then a main floor room addition. Mr. Vogstrom stated she was correct and that there would be hardcover. They could put a flat roof so it would not block the windows in the front,but he is not excited about that as far as long-term warranties. Curtis asked how far out of the ground the basement addition would have to be. Page 7 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Mr. Vogstrom said it would have to be a couple of feet with the existing grade. He noted the garage is lower than the main floor and that is where there is a transition in grade. He stated it is a triangular-shaped 3-square foot piece. The other area could be added without any variance. Curtis clarified that it requires an average lakeshore setback variance and is 73 square feet;that 3 feet is in the 75-foot setback. Ressler asked if he was reading the diagram correctly: the orange line indicates the 75-foot setback and the yellow boxed area is the proposed addition. Curtis stated he was correct. Ressler asked if that was encroaching on the setback. Curtis noted the yellow line indicates the average lakeshore setback,the orange line is the 75-foot, and the red triangle is the 3 square feet within the 75. Bollis said the applicant is allowed to build like-kind, and they are not able to build the mechanicals for this house for like-kind to what they had.He does not think it is fair to say they have to take up additional square footage in their home for the like-kind,because now they have lost square footage due to replacing a like-kind. He would be in favor of it if he voted right now. Doepke stated he agreed with Bollis. Erickson said the Staff recommendation is well-taken. Although it is a small variance, it is a large house and it leads one to believe there are other places within the house it could go. He noted there have been other cases where the Commission has strictly adhered to the 75-foot setback. He is a firm believer of the principle of applying ordinances, standards,and policies as equally as possible. He noted he leans towards a denial on that basis. It is only 3 feet, but it starts a precedent that leads down a slippery slope. Ressler indicated that the Commission's job is to make things as compliant as possible and allow for variances as a last resort.He believes the design is reasonable,but their job is to determine whether it is viable for a variance due to demonstrating enough practical difficulty. He has heard some good arguments regarding the like-kind concept. He would like to make the small area basically go away but is not sure whether that is possible. He is not sure the application,as pieced together, demonstrates enough of a practical difficulty to grant a variance exception as applied. Ms. Dunkley said that someone could have a house this size and give up a bedroom, but she feels it is a hardship to take space designated for something else. She thinks everyone would have a hard time doing that. She said they have taken a long time to come before the Commission to ask for this;the fire was October 11. It is not their fault 3 separate codes have changed; and if the fire had not occurred,they would be allowed to live like they were. Because they had the fire,they are required to upgrade to the new code. She did not want to remodel her home; she loves her home. The iron staircase can't move,nor should anything else have to be moved. If it can come from the same area it was,they would not have to redo electrical plans;they would just need to redo where everything came up, and so on. She believes it is definitely a hardship. She said it might not be written up that way in City Code,but if any of them have ever been through a fire,they might be more understanding. She does not understand how anyone on the Page 8 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Commission can say this is not a hardship. She hopes the Commission can look at it as an exception. If any of them had to redo their furnace room and electrical room and they had to be doubled in size, she wondered what room they would give up. Mr. Eric Vogstrom,2710 Pence Lane, stated he is the contractor. He said the bathrooms and the concrete floor are staying where they are. If you build a utility room, you need a floor drain and other items. If there is a fire,it should be like-kind,and if they have to tear up a floor or move a bathroom,the insurance company will not cover that.They are trying to do like-kind and have exhausted a lot of different options regarding heating systems. He stated they have done the best job they could for the least impact. The house was built in the 1950s, and they built on the original footprint and foundation. Gettman presented a scenario of the code changing which required mechanical areas to be a 12x12 square where it pushed it out to the same utility room,and asked if the Commission would also deny that. Curtis asked for clarification. Gettman reiterated his non-rhetorical question and said--without moving stairs,digging down, or moving in any particular direction--if that is the only way to get like-kind. Curtis stated that it isn't like-kind; it is expanding the envelope of the building. She understands the applicant needs to retrofit the system, and if the Commission feels it is a practical difficulty,then that's how they can move forward. However, it is an expansion of the building within the setback. Ressler asked whether, if the expansion of the building were not within the area of red on the diagram, it would be a different scenario. Curtis said the 75-foot setback is impactful. She stated there are also 2 variances. Ressler asked what Staffs opinion would be if the red area was removed from the application and the proposal was just within the yellow,rather than the yellow and the orange. Curtis indicated Staff's opinion would be different. She noted there is a purpose for each of the setbacks. Ressler said he does not have a problem with the location. He noted that his house was built by his grandfather in the 1950s,they had a similar tragedy happen, and they had the same difficulties trying to replace within the same building envelope.He stated that given the lack of input from neighbors,there is no opposition. He is trying to find a way to make it as compliant as possible. He can see this being approved as applied by the City Council. He tends to lean toward being in favor of the addition as long as the addition does not encroach upon the area. Libby stated he thinks the applicant has made an articulate appeal to the relatively small square footage. Trying to borrow from other ideas and innovation and seeing other problem-solving, including recent changes in efficiencies of HVACs,his opinion would be to retract the 3 feet,keep it within the envelope, and the approval process would not have to be gone through for the variance. Ressler stated the recommendation could be approved as applied also. Doepke asked if any specific alternatives were considered. Page 9 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Barnhart indicated that while it is important that the applicant develop alternatives,they have presented this proposal and this proposal is what gets voted on. Ressler said it becomes a slippery slope to try and redesign on the fly and it ends up being a pretty long meeting. Regardless of the Commission approving or denying, it will be brought to the City Council. The Commission needs to entertain what is in front of them and make a decision. Erickson commented that in the Application Summary it indicates the applicant is requesting the lake and average lakeshore setback variances. The City has held pretty firm regarding lake setback variances; the average lakeshore setback variances tend to happen more often. Ressler clarified that Erickson would be in support of the average lakeshore setback variance but would like to see a proposal that does not include the 75-foot setback. Erickson confirmed Ressler's statement. After discussion regarding options of approval,Barnhart indicated the Commissioners have provided feedback for the applicant in terms of what goes forward to City Council.Alternatively,the Commission could table the action and suggest the applicant change the application. He recommended voting on the application as presented. Gettman moved,Libby seconded,to deny LA20-00007 Paul Vogstrom,2709 Walters Port Lane, Variances.VOTE: Ayes 5,Nays 1 (Bollis). Barnhart noted the recommendation would go to the City Council at the first meeting in April. 4. LA20-000016 PAUL VOGSTROM,2710 PENCE LANE,CONDITIONAL USE PERMIT- 7:22 P.M.-7:39 P.M. Paul Vogstrom, o/b/o the Property Owner, and Eric Vogstrom,Property Owner,were present. Staff presented a summary of packet information. She noted Staff recommends approval conditioned upon the property owners' agreement to the filing of a covenant in the title of the property addressing the plumbing and the status as an oversized accessory building, providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the City or if allowed by this Code. 2. Used as a dwelling unless a guest house Conditional Use Permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances.4. Regarding future subdivision of the property: a.No future subdivision will be approved that places the oversized accessory building within a lot that has no principal building;b. If the property is subdivided,the oversized accessory building and principal building will be located together within a lot that meets the minimum lot area requirement for the given size of the oversized accessory building; c. In subdivision approval,the setback required for the oversized accessory building shall remain. Doepke referenced a letter which indicates,"it would be both irresponsible and naive to consider issuing this permit based on the repeated violations on record,"and asked what the violations were. Oakden stated she believed the lot owner was still working on some shoreline restoration. Page 10 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Ressler pointed out that the Commission has approved such applications in the past. Oakden agreed and said they are requesting a Conditional Use Permit(CUP)for a shower. Ressler noted there is nothing that says the Commission cannot approve the application. Oakden said he was correct, if the Commission sees that the conditions are being met. Ressler clarified that it is not approving or endorsing the space for a rental of any kind. Oakden stated he was correct; it is not allowed to be rented or leased. That is a listed requirement which is recorded when filling out this CUP. Ressler stated the Commission is being asked to approve a shower and that everything else is in order. Oakden indicated the applicant does not have a building permit for the structure,but the actual proposed detached garage does meet City Code requirements. The CUP is only for the shower. Mr. Paul Vogstrom, 1151 North Shore,said if there is a concern about the violations, he would love to have the Commission dig into it and understand because,to his knowledge,there is only some discrepancy on where the riprap has been placed. He stated his brother, Eric,the owner,has talked to the neighbors about screening. They would have preferred to not have the detached garage added on to the structure. They had many meetings discussing the average shoreline setbacks and had to move the house so far away from the lake that it made the side yard setbacks quite a bit smaller. They were hoping to have a few more stalls in the garage; it could have been deeper to accommodate the different storage unit requirements that are needed for the detached garage. What they have proposed is in the code. It will not be used for rental;people will not be living there; it will be used by non-paying people and family members. Ressler asked Staff what the ramifications are if the usage is not in compliance with the CUP. Oakden stated it would be a violation of the CUP,which is something the Council could take action on. Ressler asked if that would be a revocation. Oakden said the Council grants a CUP and it stays with the property. If there are concerns that it is not meeting the CUP standards,the Council can revisit the CUP at any time. Barnhart indicated the City Council would need to have a cause to do so. Ressler clarified it would need to be in violation of the conditions. Barnhart stated the City Council could revoke a CUP in the same way that they grant a CUP, which is through a public hearing, etc. What it would mean is, it would remove the ability for a shower but the structure can remain there. Chair Ressler opened the public hearing at 7:30 p.m. Page 11 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Mr. Bill Griffith, 8300 Norman Center Drive,Bloomington, said he represents neighbors Greg and Kelli Hueler, who were out of the state. He had two comments: first, it has been a difficult building project for the Huelers which has taken a couple of years. Second, if the City is going to recommend additional screening, it is imperative that it become a condition of approval because a condition can remain unresolved unless it is a condition of approval.They share a driveway, which has also been an issue, although he believes that is getting resolved.There were violations during construction,but he believes those have been resolved.His main point is,there are unresolved shoreline issues that are currently part of a contested case. In his experience,cities rarely grant additional intensification of land use when there are existing violations pending. They relate directly to this property and the use of this property. His clients' request is to not intensify the land use by even adding a shower,because that is an intensification of use. It also can be used for purposes other than as constructed. He thinks it is incumbent upon any property owner that makes a request of the City to clean up their act, eliminate their violations, and then move forward with their request.On behalf of his clients,he requested the Commission to deny the application pending the shoreline violations,or if it does go forward,to condition it upon additional screening and buffering. Mr. Eric Vogstrom,2710 Pence Lane, stated he did not appreciate them saying he had stop-work orders on his property,because he did not. He is not sure where they got that information.They are resolving the lakeshore issue on those properties. He talked to Greg and Kelli Hueler a few months ago,and they had some grading issues, too. He thought they had buried the hatchet. They discussed when they were done grading what would be the thought on trees for a screen edge and agreed to work on it together. They had some low spots on their property,and they agreed to work together on that. He was under the impression they were on good terms and he told them about his garage. They said as long as it was legal they did not care,that he should not do things that are not legal. Obviously,this is something he can do.They are not going to support any variances, etc.,but said they would not oppose something he can do legally. He indicated they would put screening in; it is something they want and something he wants. He does not think it is fair to put the burden on himself,nor is it something the Commission has done in the past. He indicated he can do another 1,000 square feet there also, as long as there is hardcover. He did try to consider their feelings. Mr. Richard Crosby, 2705 Walters Port Lane,said he is a neighbor about 3 houses over from the project. The way he looks at it is,if the Commission has not denied a shower in the past and if the owners are going to fulfill the CUP,it should not be denied now. He does not feel a shower inside of a building has anything to do with the outside of a structure or shading trees,etc. He thinks the Commission should stick with precedence. The applicant has tried to be as cooperative as possible. He said he has been there since the original house was built; and the more cooperation,the more neighborly, friendship,and so forth,the quicker you get through the process. Chair Ressler closed the public hearing at 7:36 p.m. Ressler said that when additional screening is discussed, it does not relate to a CUP for adding an interior shower. It is a nice touch,and if the applicant would like to do so as far as being a good neighbor,that is admirable; but he does not know if he would vote for or against based on screening.As far as the pending litigation and the potential violation that is apparently not adjudicated yet,the City Attorney would probably need to weigh in on that. Unless Staff indicated the Commission does not have the ability to rule on the application based on the pending disagreement, in the essence of time, it would behoove everyone to move this one way or the other on to the next steps. Page 12 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Erickson congratulated Staff on their recommendation,noting at the end of their report they have 4 items relating to potential for subdivision and potential for rental use, etc. He would support a resolution including those recommendations. Erickson moved, Gettman seconded,to approve LA20-000016 Paul Vogstrom,2710 Pence Lane, Conditional Use Permit according to Staff recommendations,including Items 1-4.VOTE: Ayes 6, Nays 0. 5. LA20-000011 CITY OF ORONO,TEXT AMENDMENT RELATED TO APPEALS- 7:39 P.M. -7:44 P.M. Barnhart presented a summary of packet information. Bollis asked if there is currently a time limit for an appeal. Barnhart stated there is not a time limit to the Courts. If the applicants disagree with Staff's decision or if they disagree with the Boards decision on an appeal,they have to file an appeal within 10 days. If it is a decision that Staff makes,the Planning Commission reviews that as the appeal Board. After that time,the City Council would review that. Ressler said the change the City is trying to impose is to clarify that the appealing party has 30 days to draft the document. Barnhart clarified that the party would have exhausted the appeals through the Board and the City Council,and if they want to appeal a decision of the City Council,they have to file the appeal within 30 days to the Courts system. Ressler said he is trying to understand the ramifications if they do not file the appeal. Barnhart said the party has then exhausted their opportunity for appeal of the decision and have to accept it. Doepke asked if there were any specific incidents that have come up that made the change advisable. Barnhart stated that the City Attorney monitors court cases throughout the state and country. There was an incident in Duluth that triggered this as an issue.There is not an issue in Orono that he is aware of. Chair Ressler opened the public hearing at 7:43 p.m. There were no public comments relating to this application. Chair Ressler closed the public hearing at 7:43 p.m. Ressler summarized his understanding as not seeing any harm in approving the amendment nor any ramifications that could possibly be in place. Doepke moved,Libby seconded,to approve LA20-000011 City Of Orono, Text Amendment Related to Appeals.VOTE: Ayes 6,Nays 0. Page 13 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. 6. LA20-000014 WHITTEN ASSOCIATES,INC., 1700 SHORELINE DRIVE, SKETCH PLAN- 7:44 P.M.-8:08 P.M. Tim Whitten,the Applicant, was present. Barnhart presented a summary of packet information. Ressler thanked Staff for the comments about how the Commission is not addressing the traffic issue but that it will be addressed eventually.The roads and the outline of the buildable envelope also helps. He asked if the cul-de-sac was good enough for the standards Staff believed are needed. Barnhart said the only aspect that is not met is the maximum length of a cul-de-sac, which is 1,000 feet. The cul-de-sac is a little longer than that. However,the City has quite a few of them, partly due to the nature of Orono's subdivision patterns.He said the critical part is that there are adequate turnaround opportunities at the end. Ressler asked if the alternative to a longer cul-de-sac would be long,private shared driveways. Gettman asked if the applicant looked at removing Lot 5 and pulling back the actual cul-de-sac to that point to fall within the 1,000 feet. Barnhart stated he did not advise them on the length issue. He said if it is a hard and fast rule,the applicant could make some choices on how to develop it.They could lose a lot,have long driveways, it could be any number of patterns,but at this point Staff did not see it as a critical issue. Ressler said he thought it should be the way it is. The other alternatives, such as a really long shared driveway, does not seem like that would make it fit better. Gettman asked if there were 3 houses on the property right now. Barnhart said there is 1 principal structure and a number of accessory buildings. Ressler asked if they were located on Lot 6. Gettman noted that it looked like it was Lots 4, 6, and 7. Doepke asked if the existing house would be torn down and replaced. Barnhart stated that he would defer that question to the applicant. Libby noted that from his knowledge regarding the MUSA line for the sewer system, it was evident when it was installed and upgraded at the first phase of Tanager Estates that it was large enough and had enough capacity to serve 3 large-scale residences.A remediation was also done on the subsurface treatment system for the original estate and the estate was connected to that system. He asked Staff if he was correct in his understanding. Barnhart indicated he was correct. Page 14 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Libby said he talked to the City Engineer at the time because the installation of the new pump and system caused him to have a steel plate put over his driveway, so he got an up-close and personal look at it. He asked if that system had the capacity for 7 additional properties. Barnhart said that it could but they do not know yet. That level of analysis is not done at the time of a sketch plan. He is optimistic and pretty confident that the site will be served, although he does not know exactly how. Those answers will be given by the time it gets to the preliminary plat. Libby said Lot 3 already has a sewer system serving the primary estate now. He noted it might be a question for the City Engineer. Barnhart indicated the applicant had a meeting with the neighborhood in the past week to inform them about what is going on. If the project moves forward,the neighbors will also get a notice from the City. Mr. Tim Whitten, Whitten Associates, said he appreciates the opportunity to be in front of the Planning Commission to discuss any concerns in general about the project before they go to the next level. Their intent was to present something to the City that fits the ordinances of the City. He noted they have had a neighborhood meeting and they had a couple of comments from people that could not make the meeting. All the comments they heard were pretty positive. Libby asked, from both a development standpoint and Hennepin County recommendation standpoint, if Whitten favored any of the proposals that Hennepin County brought forward in the narrative they provided the City Engineer. Mr. Whitten stated the only entrance is the one off of 15. Looking at the topography, using Heritage Lane, how long that cul-de-sac already is and how many homes it serves, it does not make a lot of sense. If you look hard at the turn-lane element,they have a lot to look at from an engineering perspective such as traffic and trees. He thinks they have identified most setbacks as far as wetlands and steep slopes, etc. He noted there are a lot of engineering questions that need to be answered as they move forward. Ressler indicated they are trying to give this a 30,000-foot view before they spend more money. His feedback is that it looks right. He appreciates the applicant's desire to be compliant.He hears loud and clear that being connected to the City sewer is a major component. It has not been determined how,but the support would change in the event it was not. Libby noted that, in addition to the estate-style housing sites,there is intrinsic lakeshore and it is marketed as being a little over 700 linear feet,which is what the current property ownership has on Smith Bay. He said there are intentions for only 3 residents to have docks, and asked for clarification on how many docks per resident there would be in a proposal or a plan. Ressler asked Mr. Whitten if they are at that point yet,to which Mr. Whitten indicated they are not. Libby clarified that his question was not for the applicant but,rather,the marketer of the development, because there has been large and prominent signage for a long time that people are able to see. Barnhart pointed out that there are 4 lake lots; 3 lots on Smith Bay to the south, and 1 lot on Tanager. Page 15 of 16 MINUTES OF THE ORONO PLANNING COMMISSION Monday,March 16,2020 6:00 o'clock p.m. Libby said it is not within the Commission's purview to be talking about that or making decisions but is more of a perspective of the development and how it will come together because these are lakeshore lots, which makes them distinctively different from other lots that do not have access to the lake. Barnhart said he expects all 4 lake lots to have docks, although he does not know that. He would anticipate all the docks would meet LMCD requirements. Other than that,plans have not been developed. Libby noted that if it is a new dock,the City would require a license. Barnhart stated Libby might be referring to joint-use docks,which the City requires a permit for. The applicant has not suggested that is the case for this project nor made mention of it at this point. Ressler noted the feedback he is hearing is that this is going in the right direction.He does not see anything offensive with the proposed layout, it looks thoughtfully placed,and it would be in character with the neighborhood. Erickson referenced the letter from the Hennepin County Transportation Planner, stating they talk about Heritage Lane, and added that if it is not considered reasonable,they would accept the retention of the existing driveway as proposed. He said he would not consider it reasonable to shift all the traffic to Heritage Lane and it would be more reasonable to use the existing driveway on County Road 15. If that is the route taken,they recommend turn lanes on 15,which he would endorse due to the high traffic and high speed.Two full turn lanes for in and out would maximize the safety aspect. Libby said when the first phase of Tanager Estates was developed,there was substantial precedence set by a lot of evidentiary and the Orono Bluff Preservation Ordinance and that the bluff is very recognizable, it is delineated,and any construction or work would have to be within the guise and auspices of Orono's Bluff Conservation Ordinance. Barnhart noted this item would be before the City Council on April 13. 7. UPDATE ON MARCH 9,2020 COUNCIL MEETING Barnhart stated many items the Commission reviewed in February went to the March 9 City Council meeting and provided an update on their decisions. ADJOURNMENT Gettman moved,Doepke seconded,to adjourn the Orono Planning Commission meeting at 8:11 p.m.VOTE: Ayes 6,Nays 0. ATTEST: Jon Ressler, Chair Page 16 of 16 Date Application Received: 03/10/20 Date Application Considered as Complete:04/20/20 " 0. jO 60-Day Review Period(Extension)Expires: 06/19/20 To: Chair Ressler and Planning Commission Members �. k�` Dustin Rief, City Administrator F e, 4kssHOO' From: Laura Oakden, Planner Date: May 18, 2020 Subject: #LA20-000021,Jeff Brady,350 North Shore Drive,Variance, Public Hearing Application Summary: The applicant is requesting a side yard setback variance to a garage addition to an existing home. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant has an existing 1,660 square foot home on the property.They are proposing to construct a 1,080 square foot addition to the home for a garage. It will be 30 feet by 36 feet. The addition will be behind the home on the northeast side. The existing home sits 16.8'from the side property line where 30' is required.The proposed location is 16.5'from the side (north) property line, closer than the required 30 foot setback. The proposed addition will also have storage above that could be finished to livable space. The side yard exception available in the RR-1B zoning district does not apply because the lot is conforming in width. Practical Difficulties Analysis The applicant indicated the home was built in 1967 and is now located within the front and side setbacks based on today's regulations.The homeowners are working to maintain an existing patio off the rear of the home. There is also septic infrastructure located in the southeast corner of the home leading to the septic drain field. This limits the conforming building envelope for expansions of the principle structure. Staff finds there is some practical difficulties due to the location of the septic, location of the existing home and the substandard lot area for the district. LOT ANALYSIS WORKSHEET Section 78-420-Setbacks: RR-1B Required Existing Home Proposed Addition Front 50' 42' No Change Rear 50' 168' 132' South Side 30' 136' No Change North Side 30' 16.8' 16.5' Section 78-420- Lot Area/Width: FILE#LA20-000021 May 18 2020 Page 2 of 4 RR-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 43,580 s.f. (1 acre) 220' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 43,580 s.f. (1 acre) Allowed: 8,716 s.f. (20%) Existing: 1,660 s.f. (3%) Proposed: 2,740 s.f. (6%) Section 78-1680 and 78-1700-Hardcover Calculations: The property is not located in the Storm water Overlay District and no have a hardcover limitation. Applicable Regulations: Side yard Setback Variance (Code Section 78-420) There is an existing home on the property in a nonconforming location.The applicants wish to build an addition to the home for garage space. There are challenges due to the existing location of the home, location of the septic and the substandard lot area. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The variance to allow construction of a home addition is in harmony with the zoning code; the requested setback variance on this Property is generally consistent with the intent of the ordinance. FILE#LA20-000021 May 18 2020 Page 3 of 4 2. The variance is consistent with the comprehensive plan. This statement is true; the requested variance is in line with the rural residential goals within the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance request is residential in nature and are reasonable considering existing conditions of the property. b. There are circumstances unique to the property not created by the landowner; the location of the existing home and the site configuration was not created by the owner, and c. The variance will not alter the essential character of the locality. The proposed addition is in the rear of the home backing up to a heavy wooded area. The visual impacts will be minimal from the street as well as from adjacent properties. The proposed addition will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as an addition to a home is an allowed use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The setback requirements, the size and shape of the property is similar to the other properties in the neighborhood within the RR-1B district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The existing home is nonconforming as it currently sites within the front and north side required yard. The property also is served by septic with has infrastructure location to the south of the home and the overall property is substandard in area creating a smaller building envelope for the parcel making creating unique challenges for the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed addition for a garage is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts being on the rear of the home. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter.The proposed project will not impair the health,safety,comfort,or morals of the public. FILE#LA20-000021 May 18 2020 Page 4 of 4 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.Granting of the variance will resolve and alleviate a demonstrated practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is served by septic. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance, 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? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application summary Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Property Owners List and Map Letter View Land Use Application Summary (plication Date: 03/10/2020 Address: 350 NORTH SHORE DR W MOUND, MN 55364 Parcel Number: 0611723230011 Land Use Number: LA20-000021 Application Submitted By: Property Owner Owner: Name: JEFFREY R BRADY Address: MISTY L BRADY 350 NORTH SHORE DR W MOUND, MN 55364 Name: JEFF BRADY Applicant: Company: Address: 350 N SHORE DR W Orono, MN 55364 jeffbrady81@ieloud.com Contact Information: Associated Contact: JEFF BRADY jeffbrady81@icloud.com Associated Contact: Steve Associated Contact: Associated Contact: Project Description: Garage Addition Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision Concept Application 0 Conditional Use Permit ❑ Site Plan Application ❑ Subdivision Application LI Subdivision Exception 0 Vacation Application ❑ Variance Application ❑ Applicant Signature: 96*-40111111, file:///C/Users/loakden/Downloads/Land%20Use%20App1ication%20Summary%20(3).htm[5/12/2020 1:13:31 PM] Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000021 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Garage addition needing to be built and original home was built to close to property line. Additon to be built over existing hard surface driveway. No new hard surface created for this project. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The lot and structure are not conforming to newer codes/laws and this is how we purchased the property. Property built back in 1967. 3. The variance, if granted, will not alter the essential character of the locality. Response: no new laws or codes will be in violation due to this project. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: New siding for home New sofit New landscaping mulch and plants Hopefully new driveway pending completion of this project. 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 Minnesota Statutes, Section 1167.06, Subd. 2, when in harmony with this Chapter. Response: Only difficulty is that the home was built to close to property line. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: NA 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: lot does not meet current code 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: NA 10. The granting of the application is necessary for the preservation and enjoyment of a file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form.htm[5/12/2020 1:13:29 PM] Letter View substantial property right of the applicant. Response: yes - We need a garage to store vehicles and other items. . The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Correct 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. 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Yom.16,ilk- '2....1,101 ! \M k\\ ti b. u.,, 0 C kil ;a 'C 1 } `RL-.-At_.. )1 . 70 Florence Drive ® Excelsior, MN 55331 0 Office 952/474-6976 wwwesjfisherconstruction.com , )(A\--r 1 iN t,k V\chta..,S•-e_ , , SJ Fisher CONSTRUCTION 1\1 t..v.I ore2.111-11 - - . 1 . J\AC\1\VOY\ _ . ; V Lx Vtv .v._. E-qata D\--t-- I-r— 1 S LIA-E- eVil0 7o Florence Drive • Excelsior,MN 55331 to Office 952/474-6976 www.sjfisherconstruction.corn Hennepin Hennepin County Locate & Notify Map Date: 3/10/2020 • 1, 210 r i •r •• k 4730 (r61 Stii325 (4) 350 MI 425 4870, 780n21 L . N Otth'wAtrMWD rAW 4801 or I 4885 14. 505 555 4705 Buffer Size: 500 0 50 100 200 Feet Map Comments: I i l l I l l l I 350 North Shore Drive W. This data (i) is furnbhed 'AS IS with no representation as to completeness or accuracy, (i)isfumshedwthnowarranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,M N 55487/g is.info@herunepin.us RUN DATE:03/10/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 36 01-117-24 14 0002 38 06-117-23 23 0007 38 06-117-23 23 0020 EUGENE PAUL JERECZEK RAYMOND G E MAIJALA J P THULL&P E THULL 285 CO RD NO 19 4700 NORTH ARM DR W 38 ADDRESS UNASSIGNED MINNETRISTA MN 55364 ORONO MN 55364 ORONO MN 00000 EUGENE P JERECZEK RAYMOND MAIJALA JEFFREY P THULL 285 CO RD NO 19 4700 NORTH ARM DR W PATRICIA E THULL MOUND MN 55364 MOUND MN 55364 210 NORTH SHORE DR W MOUND MN 55364 36 01-117-24 14 0003 38 06-117-23 23 0008 38 06-117-23 32 0004 G HUDACHEK&T M HAGERTY P D FLEMING&C L FLEMING CRAIG D LICKISS/K K LICKISS 305 CO RD NO 19 38 ADDRESS UNASSIGNED 425 LAKEVIEW PKWY MINNETRISTA MN 55364 ORONO MN 00000 ORONO MN 55364 GEORGE HUDACHEK PATRICK&CINDY FLEMING CRAIG D LICKISS TRACY MARIE HAGERTY 4760 NORTH ARM DR W KIMBERLY K LICKISS 305 CO RD NO 19 MOUND MN 55364 425 LAKEVIEW PKWY MOUND MN 55364 MOUND MN 55364 36 01-117-24 14 0004 38 06-117-23 23 0009 38 06-117-23 32 0005 THOMAS P BUETTNER J&J HEDBERG GARY W GRONNEBERG ET AL 325 CO RD NO 19 4740 NORTH ARM DR W 465 LAKEVIEW PKWY MINNETRISTA MN 55364 ORONO MN 55364 ORONO MN 55364 THOMAS P BUETTNER JOHN A&JANICE HEDBERG GARY W GRONNEBERG 325 CO RD NO 19 4740 NORTH ARM DR W MARSHA A GRONNEBERG MOUND MN 55364 MOUND MN 55364 465 LAKEVIEW PKWY MOUND MN 55364 36 01-117-24 14 0005 38 06-117-23 23 0010 38 06-117-23 32 0006 J C&D L MC CORMICK P D FLEMING&C L FLEMING D P LEWIS ET AL FAM REV TR 425 CO RD NO 19 4760 NORTH ARM DR W 4705 AUGUSTA ST MINNETRISTA MN 55364 ORONO MN 55364 ORONO MN 55364 DIANE L MCCORMICK PATRICK&CINDY FLEMING DAWN PAIGE LEWIS 425 CO RD NO 19 4760 NORTH ARM DR W ROSS LOREN LEWIS MINNETRISTA MN 55364 MOUND MN 55364 4705 AUGUSTA ST ORONO MN 55364 36 01-117-24 14 0006 38 06-117-23 23 0011 J J&R M LUCKING JEFFREY BRADY&MISTY BRADY 4870 NORTH ARM DR 350 NORTH SHORE DR W MINNETRISTA MN 55364 ORONO MN 55364 JEROME J LUCKING JEFFREY R BRADY 4870 NORTH ARM DR MISTY L BRADY MOUND MN 55364 350 NORTH SHORE DR W MOUND MN 55364 36 01-117-24 41 0001 38 06-117-23 23 0012 JOSEPH L LINDER E FORCIER&K FORCIER 4801 NORTH ARM DR 4780 NORTH ARM DR W MINNETRISTA MN 55364 ORONO MN 55364 JOSEPH L LINDER ELLEN JOAN FORCIER 4801 NORTH ARM DR 3109 DAKOTA AVE S MOUND MN 55364 ST LOUIS PARK MN 55416 36 01-117-24 41 0002 38 06-117-23 23 0015 SASS INVESTMENTS I LLC A J FROEMMING/J R FROEMMING 505 CO RD NO 19 38 ADDRESS UNASSIGNED MINNETRISTA MN 55364 ORONO MN 00000 SASS INVESTMENTS I LLC ADAM J FROEMMING 6275 HUMMINGBIRD RD JENIFER R FROEMMING EXCELSIOR MN 55331 4720 NORTH ANN DR ORONO MN 55364 36 01-117-24 41 0003 38 06-117-23 23 0016 SASS INVESTMENTS I LLC ROBYN E GIFFORD JOHNSON 555 CO RD NO 19 4730 NORTH ARM DR W MINNETRISTA MN 55364 ORONO MN 55364 SASS INVESTMENTS I LLC ROBYN E GIFFORD JOHNSON 6275 HUMMINGBIRD RD 4730 NORTH ARM DR W EXCELSIOR MN 55331 MOUND MN 55364 36 01-117-24 41 0005 38 06-117-23 23 0017 CRAIG S MADER/LAURA M MADER A J FROEMMING/J R FROEMMING 4885 NORTH ARM DR 4720 NORTH ARM DR W MINNETRISTA MN 55364 ORONO MN 55364 CRAIG MADER&LAURA MADER ADAM J FROEMMING 18831 96TH AVE N JENIFER R FROEMMING MAPLE GROVE MN 55311 4720 NORTH ANN DR ORONO MN 55364 38 06-117-23 23 0004 38 06-117-23 23 0018 KRISTIAN R LINDEEN J P THULL&P E THULL 330 NORTH SHORE DR W 210 NORTH SHORE DR W ORONO MN 55364 ORONO MN 55364 KRISTIAN R LINDEEN JEFFREY P THULL 330 NORTH SHORE DR W PATRICIA E THULL MOUND MN 55364 210 NORTH SHORE DR W MOUND MN 55364 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: March 18,2020 Date Application Considered as Complete:March 20,20201_O` 60-Day Review Period Expires: Extended to July 16,2020 To: Chair Ressler, Planning Commission members 11104,s., Dustin Rief, City Administrator 4kESHO4- From: Jeremy Barnhart,AICP Community Development Director Date: May 18, 2020 Subject: #LA20-24,Jay Nygard, 1380 Rest Point Road, Variances—Lot area, Lot width, Hardcover,Side Yard setback Public Hearing Application Summary: The applicant is requesting lot area, lot width and hardcover variances to facilitate a boundary line adjustment. The boundary line adjustment would decrease the width of the lot, decrease the area of the lot, and increase the percentage of hardcover. Adjusting the boundary line will reduce the non-conforming setback for an existing boat house from 6 feet to 1 foot. Staff Recommendation: Planning Department Staff recommends the Planning Commission deny the application as proposed. Background The applicant owns the parcels at 1380 and 1386 Rest Point Road, and proposes an adjustment of the common property line authorized by section 82-200 (4). Because the already non- conforming Lot Area will be reduced in size,the Lot Width will be reduced,the percentage of Hardcover increased, and Side Yard Setback reduced on the property at 1380 Rest Point Road, a variance is required. The non-conforming status of 1386 Rest Point Road will be reduced, consistent generally with the amount the non-conformity increased for 1380 Rest Point Road. Practical Difficulties Analysis Applicant Submittal Information: It is the applicant's burden to justify the variance through the demonstration of practical difficulties. The applicant has stated that the request allows for a simple line adjustment to reflect the natural contour of the properties. The applicant has 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: Reviewing the response to the practical difficulties in both exhibits B and F,Staff finds that the applicant has not provided adequate statements or information that supports the variance;the proposal actually increases the slope at the property line and significantly reduces the side yard setback for an already non-conforming boathouse at 1380 to maintain their boat house, limiting opportunity for that property owner to maintain the structure in the long term. The applicant's concerns with maintenance could be preserved by the granting of a maintenance easement between the two properties. FILE#LA20-24 May 18,2020 Page 2 of 6 LOT ANALYSIS WORKSHEET for 1380 REST POINT ROAD Section 78-330—Principal Building Setbacks: Setback,area, and width in Red are non-conforming LR-1B DISTRICT Required Existing Proposed Street 35 28' No Change (West)Side 10 18 14 (East) Side 10 15 No Change Lakeshore 75' 72.5 No Change Boat House Setbacks LR-1B DISTRICT Required Existing Proposed (West) Side 10 6' (boat house) 1 foot (East) Side 10 81.1' No Change Lakeshore 75' 6' (boat house) No Change Section 78-330-Lot Area/Width: LR-1B DISTRICT Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 16,609 s.f. (0.38 acre) 98.9@ 75'/ 97.8 @ OHWL Proposed 16,003 s.f. (0.37 acres) 94.4@ 75'/ 92.7 @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage Existing 16,609 s.f. (0.38 acre) Allowed: 3,321 s.f. (20%) Proposed: 2,888 s.f. (17.3%) Proposed 16,003 s.f(0.37 acre) Allowed: 3,200 s.f. (20%) Proposed: 2,888 s.f. (18%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater 25% Total Area in Zone Existing Hardcover Existing Hardcover Overlay District Allowed o Tier (Square feet) Hardcover(s.f.) (s.f.) (%) • Tier 1 (Existing) 16,609 4,152 4,549 27% • Tier 1(Proposed 16,003 4,000 4,549 28% FILE#LA20-24 May 18,2020 Page 3 of 6 Applicable Regulations: Sec. 78-330 (Lot area,width,setbacks) Sec. 78-1700 82-200 (4) Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the LR-1B zoning district,which prescribes lot area and width requirements,is to protect the quality of stormwater runoff in Lake Minnetonka from the effects of dense development. If the variances are approved, the resulting boundary line shift reduces the non-conformity on one lot,while increases the non-conformity on a second lot. Regarding the side yard setback,the reduction of the non-conforming setback to 1 foot does not support the intent of the ordinance,to separate buildings from property lines toward meeting open space, water distribution, and maintenance goals. The applicant has not provided support to justify the variance. 2. The variance is consistent with the comprehensive plan.The Comprehensive Plan guides the property for single family residential, at a density of 0.5-2 units per acre. The variances will not add additional units. This criteria is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant stated N/A. The applicant has not provided support to justify the variance. The intent of the hardcover, lot area,and lot width standards is to maintain minimum densities and hard cover standards on each lot. Further, the side yard setback minimum (for the boat house) is to promote separation between structures. This criteria is not met. b. There are circumstances unique to the property not created by the landowner; The applicant states "Yes, the simple line readjustment to reflect the natural contour of the properties", though what is triggering the variance is the relocation of the lot line,initiated by the applicant. A variance,if granted,should be justified by the unique circumstances on the property. It is not clear from the FILE#LA20-24 May 18,2020 Page 4 of 6 applicant's information what is unique about the natural contours to justify the variance. This criteria) is not met c. The variance will not alter the essential character of the locality. The applicant states that"there will be no noticeable difference from the street, lake,or air." This criteria is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. The applicant responds "N/A". There is no evidence to suggest that economic considerations were the only justification for the variance. This criteria is met. 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.The applicant responds"N/A".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. The applicant notes that the use of either property is not changing. Single family residential uses are a permitted use in the LR-1B zoning district. This criteria is met. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.The applicant responds"N/A".This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicant responds "yes", though no evidence has been provided to support that claim. Often,characteristics of a lot are the clearest support for a variance. Staff has analyzed the survey provided by the applicant. There are a number of contours identified near the boat house*,where the existing and proposed lot lines diverge at the greatest distance. For this exercise, staff noted the location of the 938 and the 930 contour,as both contours can be observed crossing the existing and proposed property line. The OHWL was not chosen because of some ambiguity for its location as shown on the survey. The survey provided by the applicant suggests that the slope at the property line (6'/30.19' = 19.8 %) would actually get steeper (6/27.17' = 22%) if the boundary line shifts to the east. Finally, shifting the property line reduces the area for the owner of 1380 to maintain their property, including the boathouse,a concern of the applicant previously. This criteria is not met. *The applicant states in his Practical Difficulties response that the contours of the land make it extremely difficult for owners of 1380 Rest Point Road to maintain the property. It is not stated where the slope is too steep to maintain, it is assumed to be near the boat house. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The applicant responds"Unknown if other property pairs may have similar lot line issue or not. The applicant argues that the conditions are the natural contours that prevented the previous owner from maintaining the area. Shifting the property line to reduce a non-conforming setback of 1 foot to "reflect natural contour of the properties" to correct a perceived maintenance issue could definitely apply to other parcels in the district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant responds: "Yes,would remove years of strife driven by owners of 1380 Rest Point road previously refused to FILE#LA20-24 May 18,2020 Page 5 of 6 maintain the land and allowed invasive species to flourish and invade 1386 Rest Point Road continuously. Furthermore,the natural contours of the land make it extremely difficult for owners of 1380 to maintain the property due to the steep hill." The property owner now owns both parcels,so the strife referenced is moot. The adjustment of the property line now increases the slope at the property line. Further, it reduces the amount of area available for a property owner to maintain the boat house, as the setback reduces from 6 feet to 1 foot. The applicant has not provided information necessary to support the variance.This criteria) 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 responds"yes". The reduction in area,width,and hardcover is not likely to impact the health, safety or morals. However, the reduction in setback will make it nearly impossible for the owner of 1380 Rest Point Road to maintain their building without encroachment. The applicant has not provided information to justify 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. The applicant again responds: "Yes, would remove years of strife driven by owners of 1380 Rest Point Road who previously refused to maintain the land and allowed invasive species to flourish and invade 1386 Rest Point Road continuously. Furthermore, the natural contours of the land make it extremely difficult for owners of 1380 Rest Point Road to maintain the property due to the steep hill." This standard is not met. It is not clear how making the property line steeper alleviates a difficulty. Lastly, reducing the setback to 1 foot introduces issues down the line,as this setback virtually assures a property line dispute in the future. The applicant has provided some supplemental information (Exhibit F). In that document,the applicant suggests that the legal doctrine of"boundary by practical location'applies. The City attorney is preparing a response to that assertion,which will be provided by the meeting. The applicant also references several 'similar situations'within the city the last couple of years. Reviewing the case list referenced by the applicant, staff notes that none of the applications involved reducing the lot area or lot width: s LA18-89 1565 Orchard Beach Variance did not alter the lot area or width. Minimum Place variance to allow building was approved LA19-41 3570 Ivy Place Preliminary Plat application. Plat combined outlot A and Lot 1 of original Ivy Place. Did not reduce the conforming lot area and width LA19-90 577 Park Lane ALS variance. LA19-93 1971 Fagerness Withdrawn by applicant. No action by the City Council. LA19-94 1966 Shadywood No change to the lot area and width LA19-96 1398 Rest Point Road No change to the lot area or width for this nonconforming lot 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. FILE#LA20-24 May 18,2020 Page 6 of 6 Public Comments To date, staff has received two calls inquiring about the application, and one written comment, attached as Exhibit H. Issues for Consideration 1. Does the Council find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variances, 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 variances? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends the Council direct staff to prepare a resolution of approval or denial. If the Council recommends denial,they should provide reasons. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Submitted Hardcover Calculations Exhibit E. Applicants Pictures Exhibit F. Applicants Letter of Support Exhibit G. Correspondence/staff comment Exhibit H. Public Comment Exhibit I. Mailing information Land Use Application Summary Application Date: 03/18/2020 Address: 1380 REST POINT RD MOUND, MN 55364 Parcel Number: 0711723330007 Land Use Number: LA20-000024 Application Submitted Property Owner By: Owner: Name: PENNY ROGERS/PETER LANPHER Address: 1380 REST POINT RD MOUND, MN 55364 Applicant: Name: jay nygard Company: Address: 1386 rest point road orono, mn 55364 jaynygard@yahoo.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Readjust Lot Line Land Use Application Amendmend Application E Type: Appeal of Admin Decision II Concept Application C Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception LC Vacation Application C Variance Application i Applicant Signature: r, 7 yi,,,,A PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000024 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: N/A 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Yes, simple line readjustment to reflect the natural contour of the properties. 3. The variance, if granted, will not alter the essential character of the locality. Response: There will be no noticeable difference from the street, lake or air. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: Not changing uses of either property 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Yes 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Unknown if other property pairs may have similar lot line issue or not 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes, would remove years of strife driven by owners of 1380 Rest Point road who previously refused to maintain the land and allowed invasive species to flourish and invade 1386 Rest Point Road continuously. Furthermore, the natural contours of the land make it extremely difficult for owners of 1380 to maintain the property due to the steep hill. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Yes 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Response: Yes, would remove years of strife driven by owners of 1380 Rest Point road who previously refused to maintain the land and allowed invasive species to flourish and invade 1386 Rest Point Road continuously. Furthermore, the natural contours of the land make it extremely difficult for owners of 1380 to maintain the property due to the steep hill. PROPOSED LOT LINE REARANGMENT FOR zw. JAY NYGARD =�$ IN LOTS 5, 6,AND 7, SUBDIVISION • w .v vi OF LOT 14, REST POINT PARK a s x HENNEPIN COUNTY, MINNESOTA � dZ oo� fniz CURB(L) < WO \ . Tw=966.6 115 V BREI) ....Bw=954.8 X15 4'y O V 0� D� S N ��a_ 'WALtKI WwOJ uNi 686553 2 C ZS W e OW 6 ,I ,LO .'.A `\DRI CR TE re =2 0 ..� 'STONE STOOP... y► •, `4.011,1 ` RET.WALL\` `�S 17',:s..,,9{; ,�(y aS FLOOR \ �,q� �g,s ,) I. (M) 1 +oi.o ES. ) %@{`'(H). ��0, II \ :gill k,I STONE 1- a y HOUSE),4y M1' -6 RE.wALL `Fu'> #1380 t. (0) : . �Os A/C::.•yi- 1033 BIT IE) `�`\ ROCK ` • PAD . `�,en� (C) .� •` • BORDER \ '(E) MT G, y��) s WELL ` (7�"^ - - yi0 (B) (N) 1 . , I -----*,-..f.:-:- ______-__ __ RING(F1 /• •TALL ROCK*"....,•�\� uun 1` q `�\1--..4'w/--\, -ems i-- ___ __, --- . •BLOCK 4333 yb\ I �` ] _______ WAL S (A 1 w•z.e v b 1 iN,�_ BORDE ``\ -_ WOOD F - 9�9 -946_\____---------__ I `� 2.7 '',75 LAKESHORE l ir EXISTING wALL(L) t . y, g `- ____.SET@Sl_K LINE "-- M '✓o HOUSE ________------yy+____________�.`'\ •i e 6 N I- #1386 (A) , G h Lj= STEPS ' 6 —_-____ ____ _ tr 71� 1 S O� TNG941.2N= $3IIg TR._ „0 SII _:q,,'' ew=e�.eS€9 �3 Ly A.,. ` (C) `` "91 ROCK WALL,..-,- --0I� — it $ = 0 --NOT � � `935.] BN^-936. WILL EINCREASE BY:THE AREA U 808+-F THE SQ. ANDTTHE AREA PARCEL s`A �`...STONE (D) coNc. , op.E,(D -'- o.48-' - - �5iii a OF THE NORTHEAST PARCEL WILL DECREASE BY (G)WADE v'' ',BORDER PAD `„ce' '4 ,-- b5 E - `y 608+-SQ.FT .! 5E j TW=935.8'' ' �� '� � #1386=10,056+-SQ.FT.EXISTING 10,662+-SQ.FT.PROPOSED sw=s3a'] `S•EMAC 144E--- �STING' - ,\ m 9 I`PL 3 vas---- LOT LINE. \ #1380=16,609+-SQ.FT.EXISTING 18,003+_SQ.FT.PROPOSED4 ` \ �' LEGAL DESCRIPTIONS: 'Z' - FIRE_ 65oh ---- Lot 5,Subdivision of Lot 14,Rest Point Park Lake Minnetonka. - aING uA -- Lot 6,and the Southwesterly 40 feet of Lot 7,Subdivision of Lot 14,Rest Point -�jP \D� Park Lake Minnetonka,Hennepin County,Minnesota. i 56 0 ' LAKE co 8294 CONTOOR JNE • Denotes found iron marker MINNETONKA o% P34--:Denotes existing contour !* ce 0 20 40 80 This survey intends to show the boundaries of the above described properties,existing '--SHORELINE AS LOCATED K houses,drives,other buildings,topography,and visible hardcover thereon.It does not ON 12 NOV.2019 purport to show any other improvements or encroachments. SCALE IN FEET 13-397 City of Orono Hardcover Calculation Worksheet y z Property Address: 136'0 /Q FST PO/,tT /4 0,/D CNYG.rAo) 4415„a•--% Prepared by: Date: GRatie E"X a' 4 Aff c/Aref-/1/✓c. //-/z-/p Stormwater Quality Overlay District Tier: (Circle one) (Tier') Tier 2 Tier 3 Tier 4 Tier 5 Step 1: (STING HARDCOVEE In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item(Describe) Length x Width Total(Square Feet) ( q (Example) (Garage) (24'x 30') (720 S.F.) A .-/OZ./3 E 2 6 56 S.F. B CO.vc. OA Ile wA Y 4 7 9 S.F. C DECKS tPPCPS 3/?*5Y# "53 S.F. D B0ArA/oaiC 2 32, S.F. E A/c PADS / P S.F. F F/RE Ay 4.1G /2 S.F. G Conic . STivo40 7$ S.F. H STONE' SoRQcR S 66 S.F. I Ro ck G. !3 6 S.F. B/TOrAM ..voaY OAIYE Yy S.F. K AcrA.Aii ../ Grin C.C. 2 5 S.F. L Coit/c. Cu/6 /0 S.F. M S 7 4 r A t3 TA WAG-1C Gel/GC /6 S.F. N S.F. S.F. P S.F. O S.F. R S.F. S S.F. T S.F. S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover _ '726' S.F. Excludable Hardcover(See City Code Sec 78-1184): AacK deem.(,,,/,/c w,acc / 3 6 S.F. k BETAr,v,,e.G GL.t LL 2 5 S.F. /t'r JTatiF' de rni>4i,,c-G ,a.t,. _ i 6 S.F. S.F. S.F. (2) Total Excludable Hardcover r 77 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] Y S y 9 S.F. (4) Total Lot Area /6; 6O2 FX/trL�tr f /6, 003/AC/OfF 2 /6,6a 9 S.F. Proposed Hardcover Percentage [(3)+(4)] 2 7. 3 9 % (Proposed Hardcover next page) 442/7,1/ /d DOOJcn LOT C/NE Atr4 g el//C(' r-c r /S/.IAD COvF; PFR C Fic T.t Y5 9 -= X6,003 = 28. `1.3 ?o This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 City of Orono (1,,v.. -- Hardcover Calculation Worksheet Property Address:� �3�� RfT%' Poi,�..fT Ro.a� f it.Y"C/Ad) o�`� SNPrepared by: ,.- Date: Ro.✓dERc 4ATJo( 'Ares, mai c. //-/2-r1 Stormwater Quality Overlay District Tier: (Circle one) Tier 2 Tier 3 Tier 4 Tier 5 Step 1 ISTING HARDCOVER) In the following table identify a items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Total Hardcover Item(Describe) Length x Width 1Square Feet) Q (Example) (Garage) (24'x 30') (720 S.F.) A Neu S G /4/7 S.F. B CON C. DR/vEwAY C .11-/EL) i S.F. C-,,vc_ ,21'D 3Y S.F. D 2 S.F. E Bira.vm rrvous DA i t/(= 3 9 S.F. _ F CO,t.'C. G[..4c-/ T 7 / f 3 9 - //.? S.F. G .17-4WE' A F r. uiA 4 c S.F._9 H 37o4/E AGR D FR S Z/ /3 _ 3Y S.F. 3'TEi°S 2E'f 2Y f 2Y = 76 S.F. J .P 0!'k RFT. 14..i.444.7 f 9 0- 4 - 2 2 S.F. K A/c I)AO 6 S.F. L /110x11 .t'f r .4'ALL _ ,7 S.F. M S7`OoP N Co4/c. CI4R8 3/-031 - 6-2_ S.F. O R0('k do/60ER 57 S.F. P ir/4rA/.4./6-2 6 S.F. Q ,J'To.!/E RIFT. 60144 R y S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover 2632 S.F. Excludable Hardcover(See City Code Sec 78-1684): G jr;get IE AE 7% 14.01, C.0 7 S.F. 7 ROr'K RET. L.i4Lt._ 29 S.F. L Gt.14700 A€T. l.u/ c / 7 S.F. Q 172,.crf . r. G 'iC.4- /y S.F. S.F. (2) Total Excludable Hardcover 6 9 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] Z 76 3 S.F. (4) Total Lot Area /0,, Q 5 6 Elft S'T/.LGf /0 66Z moi(G/primp , /0,056 S.F. Proposed Hardcover Percentage [(3)+(4)] 27. ''E °' LA.1,TN /.t o,opfED L 0 T L/.tJE' x£ARR.l.✓GE"yt . . iyl,O colicR (Proposed ,LTHardcover next page) /Ed2 -215'3 ID 662 = Z S, 9 / % - This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein, however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 8 of 9 il ,...,,,),-,... -'. ••:,.:4411 ••;441.-6,-,.',1-:',:t'•.'. ',..',;:.-..... - -::-**: ,': ' n •;''. ..e - . -, -, hhh:44:--siA, ..- (--,--- ',.. ',. ' - - ii 1 c .I . , axe 4 ti#a t ."'RG ` ti - Ea' y ' . �p - 3rr i lirr- Fye; '� , �w -'�r y • L 9_.. • �.' ,� ..Y--.�—'aye" .:- �'y $' . r ..z ' _-.� :r r,.,ar � _ Fes. �- .,-,„",',-7"- -'.-;1•"1,"-,,0-. '"-."-'*"*. >ci f.Sr . r 4 ;�, s N:, s + F r tip; Z rE I,,.;.." V..45';'; Y-.: -•:•.. fi A ''u' 1 • { ea i .r /,. #q} i ,..,,./k-,. f' .fF "-tiCt ieYf a%` " ---_--;,--.,—.,,,.f ,...17,!, f k a ,yy " +v v ->' Y �•� •Fy' . Y` a ,r 1. t y+j€ f sk.1:fir ' 0.'‘.40: 1.9' iA9•� 1 t 7 t{ {W%'.,,»"fit , i 4 _- ~` tic" t i —. -i:.. yA / „� X tt i�� E y R� >a I d r' ` z-i ---.! 1� �' -� '14 { � �- f C�� E f r� ?�� ,„-„?../:,--:34,,,-..1 .+�'+et ..5�X .tom ds,`'� ,c � r /g�:2..,''"''''N *5 .�. t f N SAY j 1 t"=l �., �.i.;;„--t , 5,-"...- -- , "�•%r" 5 - ,d� ryd h ' ' i L 4 Y ...,,,i' ,-,-,'.4-i?,,,,,...,`{ r - a VI (-rftr ':4' Zrf ~• -1 f .I'� 4 \ Y3 {1 r if ,..• ',,,e.,'fir .1. ,, ` \./.. r'.a,,-4,'hv r b$ ,.jam{ a a i.,:- . {FJp { A C f Y a1 F i,- ' r. r : 1h r e . , . w 41 :;, `W 17 ��J ate. J 1.1 R _ � x sr --- ` -tiY 11 z' t yk. s �' i ,_ May 11, 2020 Dear Orono Planning Commission, The property line was determined many years ago without thought as to the topography of the land along that line. There is a steep drop off just NE of the line which is anywhere from 1' at the street up to 5' at the boathouse. A minor part of our 2002 installed waterfall inadvertently ended up over the property line several inches. There has also been years of contention as the prior people living at 1380 not only refused to maintain the area we are requesting,but allowed noxious invasive species to infest that area and invade our yard. The legal doctrine of"boundary by practical location" applies to this request as we are asking to move the line to the crest of the hill which naturally divides the properties. In fact, prior owners had a fence built in that location as it was the obvious place to put it. This created a conflict whereas they never maintained our side of the fence or the disputed tract of land in between. Simply moving the line now to the crest of the hill and following that crest down to the lake shore as seen in the survey we provided to adjust the lot line will not only resolve these issues for us and any future owners, but for the city as well. The only way we were able to resolve the continued litigation and other problems foisted upon us year after year from the owners of 1380 was to purchase the property. During our renovation of this property, we removed illegal structures and invasive species that the City of Orono refused to acknowledge or deal with over the years. Mr Nygard even had to threaten legal action to get Orono to acknowledge that city storm water was illegally entering the property at 1380 and 1386. Public works director Edwards has since acknowledged the storm water issue and put it on the storm water rectification list the city has. First and foremost, we are not proposing to change any structure or increase any hardcover on either property with this application, in fact, we have already reduced the hardcover at 1380 on our own as follows: • Removed an illegally installed turnaround/retaining wall and associated elevated grading on the driveway; • Removed a sidewalk; - Removed a dilapidated and illegal fence that the City of Orono acknowledged in 2012 was illegal, but failed to ever act on the numerous complaints associated with the fence; • Cleared out and cleanup up invasive and noxious weeds along the disputed tract of land that the City of Orono refused to help with no matter how many complaints were filed. One other main issue to note is that the waterfall is over the existing property line and has been allowed to remain there by the courts through 2 separate litigations. This buried structure has been there since 2002, 18 years, and is a permanent feature of 1386. Allowing the property line to remain in the same place allows a conflict between the 2 properties to continue and would be fodder for future complaints to the city and lawsuits to the court. I have staked out the existing and proposed property lines and attached photos depicting them. Please notice that what we are asking to change is mostly unusable by 1380 and would be very difficult to maintain given that it is a steep hill downward. Unfortunately, city staff(Jeremy Barnhart) now has refused to support us in this application using already existing nonconformities as his reasoning without considering the whole picture. No new nonconformities are being requested. Barnhart refused to listen to any of the information above or visit the property to ascertain for himself what the situation really looks like. Furthermore, Orono staff has supported other similar situations within the city the last couple of years: • rApplication City Staff Variances Given Notable Staff Statements LA18-000089 Oakden Lot Width The property owners recently bought the property Rear Yard Setback 'from a building who constructed a new home. The property received a lot area, lot width and rear yard setback variances in 2018. Second Rear Yard The applicant is proposing to construct stairs to an Setback already existing deck to access and use of the back yard.Staff recommends approval of the requested variance. LA19-000041 Barnhart Subdivision resulting Given the approved variance,and the provision of in plat an easement to preserve and protect access staff has no issues with the proposal.The now larger Lot L • Block 1 will not create any nonconformities. The revised configuration of the lot will not impact the character of the neighborhood. The platting action will not impact existing easements within the subject area LA19-000090 Oakden Average Lakeshore 1. Does the Planning Commission find that that the Setback property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, Nails not alter the essential character of the neighborhood? Planning staff recommends approval of the average lakesh ore setback variance LA19-000093 Oakden Average Lakeshore 1. Does the Planning Commission find that that the Setback property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the • variance(s),if granted,will not alter the essential. character of the neighborhood? Planning department staff recommends approval LA19-000094 j Oakden Structure and : 1. Does the Planning Commission find that that the Hardcover in lake, side property owner proposes to use the and rear yards. 'property in a reasonable manner which is not permitted by an official control? Hardcover in excess of 1 2 . Does the Planning Commission find that the 25% �variance(s), if granted,will not alter the liessential character of the neighborhood? I.Planning department staff recommends approval. LA l 9 000096 Curtis Lot Width Planning Staff recommends approval of the lot Rear Yard Setback width, lot area,rear setback, and some level of Hardcover hardcover variance should the plan be reduced so that the structural level is conforming at 20%. All of the staff supported variances above which have similar issues we have, lot width and setback issues, occurred during the same meeting November 18, 2019. One can only imagine how many more can be found supported by city staff that are are similar to our request as well if we took the time to go through every application submitted for a year. Given the past staff support for similar issues and, given that: • We are not asking for any new violation of a property ordinance; • The properties were zoned well after they were platted; • The overall hardcover is reduced between the 2 properties; • We removed existing illegal structures and hardcover from 1380, the property being reduced in size; • The waterfall has been allowed to exist over the property line by the courts and has been there 18 years; • There will be no noticeable change to the properties from the street, lake or the air, in other words, there is no change in the character of the neighborhood; and • Both property owners now agree to the change. We have worked to enhance 1380 and remove illegal structures. We find the simplest solution to make these issues go away permanently for the city, courts and current and future property owners is to readjust the property line as requested. Thus, we ask the Orono Planning Commission to give serious consideration to our request for a property line adjustment given the practical and actual difficulties established above as well as past city actions for similar requests. Sine rely, ? 277 J. T Ny_ar. _ 1386 Rest Point Rd Orono, MN 55 364 Date Application Received: 10.23.2019 Date Application Considered as Complete:10.31.2019 �O 60-Day Review Period Expires: 12.31.19 I, To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator kf From: Laura Oakden, Planner Date: November 18,2018 Subject: LA18-000089,Jim Cleary Everlast Enterprises Inc, 275 Crestview Ave,Variance, Public Hearing Application Summary:The applicant is requesting a rear setback variances Staff Recommendation: Planning Department Staff recommends approval Background The property owners recently bought the property from a building who constructed a new home.The property received a lot area, lot width and rear yard setback variances in 2018. The applicant is proposing to construct stairs to an already existing deck to access and use of the back yard. The applicants have stated the stairs are necessary and reasonable to the enjoyment of their property. LOT ANALYSIS WORKSHEET Section 78-305-Setbacks: DISTRICT LR-1A Required Proposed Front 24.5' 24.5' Rear -- 130.8 20.9' Side(North) 10' 12.3' Side(South) ( 10' 10.2' Section 78-1700-Hardcover Calculations: 1- 5tormwater Overlay District Total Area in Allowed Existing Proposed Tier Zone Hardcover Hardcover Hardcover Tier 3 6,264s.f 2,192.45 s.f. 2,128 2,160 s.f. (35%) (34%) (34.5%) Applicable Regulations: Rear Setback(78-305) The applicant is proposing to construct stairs for a rear deck, proposed to be setback 20.9 foot from the rear yard,50 feet is required in the LR-1A Zoning District. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community,existing and anticipated traffic conditions,light and air, danger of fire,risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider LA19-000089 November 18,2019 Page 2 of 3 recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd.6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to deck stairs which is consistent with the intent of the ordinance. The variances for a rear yard setback request is reasonable considering buildable area of the property. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a deck stairs in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;The applicant is proposing use of the property in a reasonable manner. The deck, already approved by variance, encroaches into the setback. Any stairs would require a variance. Stairs are a resoinable improvement for an elevated deck. There is limited space to construct a conforming structure on the site. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered from replacement of the residence Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a single family home is an allowed use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. LA19-000089 November 18,2019 Page 3 of 3 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The size of the lot within the LR-1A zoning district is unique for the requested rear yard setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Deck stairs are a relative minor improvement but important to the use of the deck andf yard. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variance would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code 12. The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty.The application has stated the shallow lot has setback challenges.The property is unique in size for this zoning district. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds is inherent practical difficulties with the small lot on the LR-1A, 2 acre zone. The applicant has stated the deck stairs are necessary for the enjoyment of their property without stairs to the deck. The Commission should discuss whether the rear yard setback encourages development out of character with the neighborhood. Public Comments To date,no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that the variance(s), if granted,will not alter the essential character of the neighborhood? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the requested variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey and Setback Map Exhibit D. Proposed Plans and Elevations Exhibit E. Photos Exhibit F. Property Owners List and Map Date Application Received: May 22,2019 �`T\ Date Application Considered as Complete:November 12,2019 120-Day Review Period Expires: March 11,2020 / `VO 1 / To: Chair Ressler and Planning Commission Members \ AkE 5 o'� H Dustin Rief,City Administrator __ From: Jeremy Barnhart,Community Development Director Date: November 18,2019 Subject: #LA19-000041,Steve Eggert,o/b/o Lake West Development, LLC,3570 Ivy Place,Subdivision resulting in a plat Public Hearing Application Summary: The applicant is requesting to replat the existing Lot 1, Block 1 and Outlot A, both of Ivy Place into one buildable lot. Staff Recommendation: Planning Department Staff recommends approval of the Plat, subject to the provision of an easement for access and utilities to 3600 Ivy Place. The applicant, on behalf of the owner of 3570 Ivy Place, proposes plat approval,creating a new Ivy Place second addition. This plat will incorporate Outlot A and Lot 1, Block 1, both of Ivy Place into one buildable lot. This configuration will establish lake frontage on two sides for 3570 Ivy Place. Access for 3600 Ivy Place will be maintained via an easement. Background The City Council granted a variance earlier this year(Case#LA19-000028)that allowed for the replatting of the subject parcels, removing the access outlot A as required by Ordinance. Analysis Given the approved variance, and the provision of an easement to preserve and protect access, staff has no issues with the proposal. The now larger Lot 1, Block 1 will not create any non- conformities. The revised configuration of the lot will not impact the character of the neighborhood. The platting action will not impact existing easements within the subject area. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission have any concerns with the proposed plat? 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval, subject to the provisions of an easement maintain access to lot 2, Block 1, Ivy Place recording of an easement for access and utilities. Date Application Received:10.10.2019 Date Application Considered as Complete:10.10.2019 ".06 , 60-Day Review Period Expires: 12.10.2019 1: 1 To: Chair Ressler and Planning Commission Members � '` zk Es, - ; Dustin Rief, CityAdministrator • --....,-...-- From: _, -... From: Laura Oakden,Planner Date: November 18,2019 Subject: LA19-000090, Brent Teele,577 Park Lane,Variance, Public Hearing (Application Summary: The applicant is requesting an average lakeshore setback variance._ -__l ,Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is request an average lakeshore setback variance to construct a covered screened in porch to an existing 2"d story deck. An extension on the roof line is required to create the screened in porch. There is an existing screened porch on the main level directly below the proposed addition. The home currently sits forward of the average lakeshore setback. There would be no changes to any other setbacks, hardcover or structural coverage. The applicant received a hardcover variance for a home addition in July 2019. LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: DISTRICT LR-1B Required Existing _ _ _ I Street 30' 50' Side(north) 7.5' 31.6' Side 7.5' 7.9' Lakeshore 75' 8.9' l Average Lakeshore Not Met No Change Section 784403-Structural_ _ Building Coverage: No Change ^� � Total Lot Area � _ Total Structural Coverage 9,389 s.f. (0.21 acre) Allowed: 2,000 s.f. Proposed: 1,997 s.f. Section 78-1700-Hardcover Calculations: No Change Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier 2,346.75 s.f. 3,235 s.f. 3,233 s.f. Tier 1 9,389 s.f i (25%) 1 (34.45%) (34.43%) LA19-000090 November 18,2019 Page 2 of 4 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The subject property is currently existing forward of the neighboring properties. The home is set back roughly 89'feet from the OHWL. The first level screen porch is already existing and is included as part of those calculations. The proposed addition for a new roofline would be roughly 9 feet forward of the average lakeshore setback over an existing 2"d story deck that the family is currently using. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance,the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire,risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd.6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance The proposed location of the home additions do not block lake views of the adjacent property owners,and therefore is harmonious with the intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback variance is consistent with the goals in the comprehensive plan to protect lake views. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance requests are residential in nature and are reasonable considering the unique nature of the property as a large peninsula on the lake. The relatively large flood hazard area and existing improvements on the property creates difficulties in locating a conforming structure. b. There are circumstances unique to the property not created by the landowner; ; The location of the structures on the property and configuration of the lot were not created by the property owner;and c. The variance will not alter the essential character of the locality. The visual impacts resulting from the additions proposed within the average lakeshore setback will not alter the character of the neighborhood. Rather,the home will not impact views from the lake nor will it appear to be more visually obtrusive than the existing buildings on the property. LA19-000090 November 18,2019 Page 3 of 4 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a residential home is an allowed conditional use in the LR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8_ The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing home footprint is not set to change. The applicant I looking to include the 2"d story of the home over an existing main level.The home currently sits within the setback and the addition is not going to change the setback from the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The proposed addition will not change the current setbacks from the lake or property lines.The location of the existing home is unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The existing home can be re-built in kind,the proposed addition is necessary to permit the property owners continued enjoyment of their property.The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake. 11. The granting of the proposed variance will not in any way impair health,safety,comfort or morals,or in any other respect be contrary to the intent of this chapter.The proposed project will not impair the health,safety,comfort,or morals of the public. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.Granting of the variance will resolve and alleviate a demonstrated practical difficulty. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds practical difficulty in the existing location of the current home. In order to have reasonable use of the second floor deck for year round use the roof must be extended over the existing deck footprint. The applicant is not creating any new or increasing the current setbacks from the lake. The proposed addition or a screened porch is entirely over the current home Date Application Received: 10.22.2019 Date Application Considered as Complete:1031.2019 �: ' - Air 60-Day Review Period Expires: 12.31.2019 • I A 1 . To: Chair Ressler and Planning Commission Members '�1 .' Dustin Rief,City Administrator `---- ' From: Laura Oakden Date: November 18.2019 Subject: LA19-000093,Alexander Design Group, 1971 Fagerness Point Rd,Variances, Public Hearing Application Summary: The applicant is requesting hardcover and structure in the 75 foot lakeyard and an average lakeshore setback for additions to an existing home. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property, bisected by Fagerness Point Road has lakeshore on two sides which significantly limits the buildable area.The proposed additions includes a new covered porch, foyer addition,deck/stairs,and a butler pantry addition.The new covered porch is proposed to be located within the average lakeshore setback along the (east)of the home. Portions of the foyer addition are also located on the east side of the home within the average lakeshore setback.The deck/stair are new and will replace the existing deck in the 75 foot lakeyard along the west lakeshore of the property. Lastly,the butler addition runs along the north side of the existing home and is set within the 75 foot lakeyard setback along the east of lakeshore and within the average lakeshore setback for the west side of the property. LOT ANALYSIS WORKSHEET Section 78-350&78-1279 Setbacks: LR-1C Required Existing Proposed Street/Fagerness Pt Rd 30' 28.7 No Change North Side 7.6' 23' 20' South Side 7.6' 19' 17.5' West Lakeshore 75' 50' 47.5' East Lakeshore 75' 107' No Change Not Met-the home sits within this setback on the southeast Average Lakeshore side of the property. A new covered entry porch is proposed as a new improvement within this setback. Section 78-350-Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' West 83' @ 75'/77' @ OHWL Actual 16,768 sq.ft.(0.38n acres) East 78' @ 75' 76' @ OHWL LA19-000093 November 18,2019 Page 2 of 4 Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 16,768 sq.ft. (0.38 acres) Allowed: 3,353.6 s.f. (20%) Existing; 1,547 s.f(9.2%) Proposed: 1,935 s.f. (11.5%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed I Overlay District Existing Hardcover Proposed Hardcover in Zone Hardcover Tier Tier 1 16,768 sq.ft. 4,192 s.f. 2,791 s.f. 1 1,037 2,777 s.f. 981 w/in (0.38 acres) (25%) (16.64%) I w/in 75' (16.54%) 75' Applicable Regulations: Lake Setback,Average Lakeshore Setback&75-foot Hardcover Variances(Code Sections 78- 1279 and 78-1680) The property has approximately 500 sq.ft.for a building envelope. The west lakeshore 75 foot setback and the east lakeshore average lakeshore setback creates an extremely limited building envelope. The foyer addition is mostly located within the building envelope.The butler addition on the north side of the home runs along the side on the existing home and crossed into the 75 lake setback and the average lakeshore setback. The porch addition sits entirely within the average lakeshore setback on the east side of the property. The new deck/stairs sits within the 75 foot setback on the west side of the property. Many of the changes will be over existing hardcover on the property the additions will create new structure on the lot. The applicant is removing other hardcover and building on the lot so the overall hardcover for the property and within the 75 foot setback slightly decrease with this project. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance,the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire,risk to the public safety,and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06, subd. 2,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd.6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot LA19-000093 November 18,2019 Page 3 of 4 includes difficulties in its double lake frontage, small size, and width. The additions were designed to protect lake views for the neighbors and meant to be within existing improved areas. 2. The variance is consistent with the comprehensive plan. The proposed variances to improve this nonconforming lot are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the additions to the home on the substandard lot, in the proposed location within the setbacks, appears to be somewhat reasonable as the property's reduced size and orientation with respect to the dual frontage lakeshore, Fagerness Point Road, and adjacent properties creates difficulties. The hardcover level, and encroachments proposed within the average lake setback, side yard, street yard, and lake yard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The proposed hardcover level and setbacks are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of additions to the home which are designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.05,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 a residence and garage are allowed uses in the LR-IC District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property's substandard size and orientation with respect to the lakeshore, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard size, dual lakeshore frontage, topography, Fagerness Point Road, and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. W. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variances are necessary for the preservation of the property right of the applicant. LA19-000093 November 18,2019 Page 4 of 4 11. The granting of the proposed variance will not in any way impair health,safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. .The variances do not merely serve as a convenience to the applicant. The variances are necessary as the property has considerable practical difficulties affecting development. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that a number of the property characteristics are practical difficulties making development and improvement challenging. The topography of the lot, the dual lakeshore frontage, which applies lake and average lakeshore setbacks on both sides of the property, the narrowness of the lot,and the proximity to the road are all difficulties that support the requested variances. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing&Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit E. Photos Exhibit G. Property Owners List and Map Date Application Received: 10.21.2019 •Date Application Considered as Complete:10.30.2019 n,OA/ , 60-Day Review Period Expires: 12.30.2019 To: Chair Ressler and Planning Commission Members \�''� Dustin Rief,City Administrator • From: Laura Oakden Planner Date: November 18,2019 Subject: LA#19-000094, David Burda, 1966 Shadywood Rd,Variances, Public Hearing Application Summary: The applicant is requesting variances to allow structure and hardcover in the lake yard,side and rear yard,and hardcover in excess of 25%to allow for an addition to the home Staff Recommendation: Planning Department Staff recommends approval. Background The home is located on a channel of Lake Minnetonka,the entire lot is within 75 feet of the lake, eliminating a conforming building envelope.The applicant is proposing to add a 46 sq.ft (5.7 x 8 feet) breezeway to the home connecting the existing home and garage. The breezeway connecting the home and garage creates one larger principle building,so a side and rear setback variances are required.The applicant is also converting windows into sliding doors on the east side of the home and is proposed to add a steps and a paver patio (hardcover)on the lake yard. The applicant has proposed to remove hardcover throughout the property which will allow for a slight decrease in overall hardcover for the property. LOT ANALYSIS WORKSHEET Section 78-350-Setbacks: LR-1C Required Existing Proposed Lake(North) 75' 16.5' 16.5'(No Change) Lake(East) 75' 38' 38' (House) 29' (Proposed Patio) 42.4(House) Street(West) 30' 17.4 17.4' (Garage) 11' (House) Interior Side(South) 7.5' 10' (Garage) 110.8' Average Lakeshore , No Change Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 8,014 s.f. (0.18 acre) Allowed: 2,000 sq.ft. Existing: 1,771 sq.ft. IProposed: 1,817 sq.ft. Section 78-1680 and 78-1700- Hardcover Calculations: LA19-000094 November 18,2019 Page 2 of 4 Stormwater Total Area Allowed Proposed Overlay in Zone Hardcover Existing Hardcover Hardcover District Tier Tier 1 8,014 s.f. 2,003.5 s.f. 3223 sq.ft. (40.22%) 3216 sq.ft(40.13%) (25%) w/in 75' w/in 75' J Applicable Regulations: Variance(78-1680 and 78-1700)hardcover in the 75-foot setback and hardcover over 25% The property is located on the lake limiting the hardcover to 25%. However, the entire property is located within the 75' lake yard setback prohibiting hardcover. The zoning regulations eliminate a building envelope for the property. The applicant is proposing to add a 46 sq.ft breezeway addition connecting the garage to the home. The applicant is also proposing to add a 14x16 stairs and paver patio as hardcover. As part of the project the applicant will be removing hardcover in other areas of the property including part of an existing deck,concrete walkways and cone retaining walls.The overall hardcover of the property will decrease by 7 sq.ft. Variance(78-350) Rear yard setback The breezeway addition connecting the home and the detached garage eliminates the accessory building requirements. The garage is will now be considered part of the principle structure and those setbacks will apply. The house is currently set 42.4 feet where 30 feet is required. With the addition of the breezeway connecting the garage,the new rear yard setback is 17.4 feet where 30 feet is required. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions,light and air, danger of fire,risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.05, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd.6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance The proposed variances are in harmony with the purpose and intent of the Ordinance.The small lot includes difficulties in its double lake frontage, small size, and width. The additions will have no visual or massing impact on adjacent lots. 2. The variance is consistent with the comprehensive plan. The proposed variances to improve this nonconforming lot are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. LA19-000094 November 18,2019 Page 3 of 4 a_ The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the additions to the home on the substandard lot, in the proposed location within the setbacks, appears to be somewhat reasonable as the property's reduced size and orientation with respect to the dual frontage lakeshore creates difficulties.The hardcover level,and encroachments proposed within the side yard,street yard, and lakeyard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The proposed hardcover level and setbacks are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of additions to the home which are designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78423 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems_Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a single family home is an allowed use in the LR-IC District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The property's substandard size,depth and orientation with respect to the lakeshore creates difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property unique with its dual frontage abutting a channel on Lake Minnetonka. It is substandard to size and depth eliminating a building envelope. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant_ Granting the requested variances are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty_ .The variances do not merely serve as a convenience to the applicant. The variances are necessary as the property has considerable practical difficulties affecting development. LA19-000094 November 1$,2019 Page 4 of 4 The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B,and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds that a number of the property characteristics are practical difficulties making development and improvement impossible. The substandard size and dual lakeshore frontage on the lake and abutting the channel eliminate any building envelope and any opportunities for property improvements without variances. Public Comments To date,no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommend approval. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Narrative Exhibit G. Neighbor Acknowledgement Signature Exhibit H. Photos Exhibit I. Property Owners List and Map Date Application Received: 10/23/19 Date Application Considered as Complete:10/23/19 60-Day Review Period Extension Expires: 02/20/20 � To: Chair Ressler and Planning Commission Members `, ti r Dustin Rief,City Administrator ` � ! .. f.SH k .' l'f��i . From: Melanie Curtis, Planner VYIOO Date: 18 November 2019 Subject: #LA19-000096, Denali Custom Homes o/b/o Drew Hueler, 1398 Rest Point Road Variances Public Hearing Application Summary: The applicant is requesting lot width, lot area, structural coverage, hardcover, and rear yard setback variances in order to redevelop the property. Staff Recommendation: Planning Department Staff recommendation is detailed on page 5. Background The applicant is requesting variances in order to construct a new home on a property with substandard area and width.Additionally requested are a structural coverage variance to allow 22%structure where 20%is the limit,hardcover variance to permit 30.1%hardcover where 25% is permitted,and a rear setback variance for a 26.4 foot setback from the road where a 30-foot setback is required. LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: LR-1B Required Proposed Rear/Street 30' 26.4' East Side* 7.5' --- 8' West Side* 7.5' 8' Lakeshore 75' t 75' Average Lakeshore The average lakeshore setback will be met. *78-330(6)(1)Side yard setback. For lots that are non-conforming as to their width, the interior side yard setback for the principal building...shall be the lessor of ten feet or equal to ten percent of the lot width as defined. However, in no case shall the side yard setback be less than 7.5 feet. Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 10,701 s.f. (0.24 acre) 69' @ 75'/69' @ OHWL FILE#LA19-000096 18 Nov 2019 Page 2 of 5 Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 10,701 s.f. (0.24 acre) Allowed: 2,140 s.f. (20%) Proposed: 2,362 s.f. (22%) Section 78-1700-Hardcover Calculations: Stormwater Overlay District I Total Area in Allowed Hardcover Proposed Hardcover Zone Tier 2,675 s.f. 3,225 s.f. A i Tier 1 10,701 s.f. 0 w/in 75' (25%) (31.1%) — Applicable Regulations: Lot Area and Lot Width Variances(Section 78-330) Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet the minimum area or width requirements for the respective zoning district.Substandard properties within the Shoreland Overlay District,like the subject lot,are able to be redeveloped without variances if specific standards are met;such as: 1. All setback requirements can be met; 2. A Type 1 sewage treatment system consistent with Minnesota Rules,chapter 7080,can be installed or the lot is connected to a public sewer;and 3. The impervious surface coverage meets all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover does not exceed 25 percent of the entire lot area. 4. All other zoning district standards can be met. The applicant's request for structural,hardcover,and setback variances results in the property's inability to conform to all of the standards above.Therefore, lot area and lot width variances are required in order to redevelop the property.The ability to develop the property consistent with other existing developed properties in the neighborhood would be limited if the area and width variances are not granted. Rear Yard Setback Variance(Section 78-330) The property is relatively shallow;the 75-foot setback is more restrictive than the average lakeshore setback which is common on similarly shallow properties on the lake.There is an approximate 45-foot deep buildable area on the property.The applicant is requesting a 3.6' variance on the rear(street)to accommodate the 21'x 31'three car garage and so that the home and property lines can be squared off. Hardcover Variance(Section 78-1700) The applicant is proposing 30.1%total site hardcover(3,225 square feet)where 25%is permitted; 600 feet greater than the limit. Structural Coverage Variance(Section 78-1403) The applicant is proposing 2,362 square feet,or 22%,of building coverage.As proposed,the property exceeds the permitted structural limit by 2%or 222 square feet. If the proposed building footprint were to be reduced to be more in keeping with the character of the FILE#LA19-000096 18 Nov 2019 Page 3 of 5 neighborhood e.g.20%(2,140 square foot footprint),the resulting proposed overall hardcover variance requested would be lessened to 28%. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions,light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code, Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd.6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.Due to the scope,some of the proposed variances are not in harmony with the purpose of the Ordinance.However,the small,shallow lot does include difficulties in its small size and depth, and proximity to the lake to permit redevelopment. The average lakeshore setback is proposed to be met protecting views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. A number of the type of variances proposed to develop a nonconforming lot of record are consistent with the comprehensive plan, such as lot area, rear setback, and same level of hardcover variance. However the hardcover and structural coverage levels proposed are be inconsistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home on the substandard lot,in the proposed location within the required rear yard setback, appears to be somewhat reasonable as the property's reduced size and orientation with respect to the lakeshore creates difficulties.However, the requested structural level and subsequently the hardcover level,appears to be unreasonable and are not supported by practical difficulties. b. here are circumstances unique to the property not created by the landowner; The uniquely small lot size,location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. There should be consideration for variance approvals from the hardcover limitation, street/rear setback and the lot width and area requirements. Nevertheless,the proposed hardcover and structural levels are above and beyond that which would be supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home which is reasonable, FILE#LA19-000096 18 Nov 2019 Page 4of5 however as designed the home and improvements may not fit the character of the neighborhood according to the submitted calculations and information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems_Variances shall be granted for earth-sheltered construction as defined in Minn.Stat.§216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as a residential home 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 condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The property's substandard size and depth with respect to the lakeshore and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard size and applied setbacks create difficulties which also apply to many of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area,rear yard variances are necessary for the preservation of the property right of the applicant.The variances for the hardcover and structural coverage levels proposed are a request beyond preservation of a basic property right. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter.Granting some level of hardcover variance,the lot width and area,and rear yard setback variances in this unique situation is not contrary to the intent of the zoning chapter. However the proposed level of structure is not supported by practical difficulty and is contrary to the intent of the zoning chapter. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances for lot area,lot width,rear setback including some more appropriately scaled level of hardcover variances are necessary, and do not merely serve as a convenience to the applicant_The additional variance for structure as proposed would be strictly for the convenience of the property owner and unsupported by practical difficulties The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has provided supporting documentation regarding the applicable Practical Difficulties attached as Exhibit B,and should be asked for additional testimony regarding the application. FILE#LA19-000096 18 Nov 2019 Page 5 of 5 Practical Difficulties Analysis The City adopted ordinances over the past few years to address inadequacies in the small, and/or narrow existing properties,and disproportionate distribution of lot area within the 75- foot setback for hardcover on Tier 1 lots. In this neighborhood,Staff finds practical difficulties inherent to the size and shape of the lot,and shallow depth of the lot between Rest Point Road and lake affecting the property which justify the variances allowing development and redevelopment. However,the applicant is proposing redevelopment on this property at a scale which is unsupported by practical difficulties, and is beyond what is reasonable for the property and neighborhood to support. In particular,the proposed plan for 22%structural coverage exceeds the reasonable flexibility allowed by variance from a staff perspective. In fact, staff finds the proposed structure level and corresponding proposed hardcover level do not reflect sensitivity to the neighborhood character or community goals established by ordinance. Engineer Comments The City Engineer will provide a comprehensive review at the time of the building permit request. Public Comments Public comments have been received and are attached as Exhibit I. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the lot width, lot area, rear setback, and some level of hardcover variance should the plan be reduced so that the structural level is conforming at 20%. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Property Owners List Exhibit G. Plat Map Exhibit H. Aerial Photo Exhibit I. Neighbor Comments a r ter+ . f ' � rr• .silk • • 'rr _ 1% yia k4ct x l � ' - '.Ai,• 3• ice'. .. .. ,,,,,,,. .„: • , ,. .„. : „,... .. ,, _ , , : : ,-,,, ...-. .. : „...„...: , : „,,,,,,-. , • - : : . • •,, .. ..... .: . : „,,,..., Ac„,...p ,..„.. ,.„: , ,....,. : .:„.„......•,, • .,,,,,,,, A, ..,,,,i,,. .....,, ,, y 0 .1.. ,.... -....., ,,.„. • �. 8% , . '... . ZIPty t fibi s l { ,�^''�.yam' t� �, • . + ti' z 3 ` V c3. t - `fix �''-� } s� '.� y.}- r ✓ ✓ 2 • • jem 1A - J •• ;.,e,'S-. +fie_,141 .. • „..., 4. . :. . 4 .„ ..4' lit -'-' : ' -"SC•f;!U;''', '' , • s s t l 9t lh ...... -.. Jeremy Barnhart From: Jeremy Barnhart Sent: Thursday,April 9, 2020 3:53 PM To: 'Jay Nygard' Subject: RE: LA20-000024 update Mr. Nygard, In your email received on April 6th, you stated a need"to formally object to not having that evidentiary hearing." The Planning Commission meeting was cancelled due to the Covid-19 crisis. Recognizing that the Council will host the public hearing and will invite comment electronically, you may choose to pause your application, to have the Planning Commission review it when they reconvene. If you wish to have the Planning Commission host the public hearing, you should reply to this email with that request AND your written extension of the review period to September 30, 2020. (I do not know when the Planning Commission will reconvene.) It may be necessary to extend this date further. IN anticipation of the public hearing on April 27th, I have reviewed your submittal for variance approval, to reduce the lot area and width of 1380 Rest Point Road. I also note that the proposed lot line configuration would reduce the setback for the existing boat house from about 6 feet to 1 foot. It is the applicants burden to prove practical difficulties. This email should be construed as a request for additional information. Please note that the variances requested are to reduce the existing non-conforming width and area of 1380 Rest Point Road, and to reduce the side yard setback for the existing boat house. Your responses on the practical difficulty form should support those actions. Further, you may wish to address how maintenance will occur on the boathouse with only 1 foot between that structure and the property line. Based on the responses received, staff cannot support the variance. Jeremy Barnhart,AICP Community Development Director City of Orono 952-249-4626 From:Jay Nygard [mailto:jaynygard@yahoo.com] Sent: Monday,April 6, 2020 1:23 PM To:Jeremy Barnhart<jbarnhart@ci.orono.mn.us> Subject: Re: LA20-000024 update Dear Mr Barnhart, I am disappointed that we will not have a chance to be heard at the planing commission, if fact, I need to formally object to not having that evidentiary hearing. However, it occurs to me that you are sending us to the council straight away to save us time on this project. I would like to remind you of the reasons for this request..The property line was determined many years ago without thought as to the topography of the land along that line. There is a steep drop off just NE of the line which is anywhere from 1' at the street up to 5' at the boathouse. A minor part of our 2004 installed waterfall inadvertently ended up over the property line several inches. There has also been years of contention as the prior people living at 1380 not only refused to maintain the area we are requesting, but allowed noxious invasive species to infest that area and invade our yard. I had to file yearly code complaints in an attempt to resolve this issue. Simply moving the line now to the crest of the hill and following that crest down to the lake shore as seen in the survey we provided to adjust the line will not only resolve these issues for us and any future owners, but for the city as well. There will be no visual impact or difference to either property whether viewed from the street, lake or the air. This is a minor adjustment that does not affect the neighborhood or other properties and is agreed to by both property owners. Thus, I am curious whether or not staff supports this project. If not, what are staff objections to approving this request? Sincerely, Jay Nygard On Thursday,April 2, 2020, 8:44:43 AM CDT, Jeremy Barnhart<ibarnhart(a�ci.orono.mn.us>wrote: Mr. Nygard On March 20th, 2020 you received an email from me providing a preliminary schedule for your application. Since that email, some things have changed, and I want to provide an update: During this time of social distancing, the City Council is holding virtual meetings via GoToWebinar through the City's website. The April Planning Commission meeting has been cancelled, and the City Council will hold this months public hearings at their meeting on April 27th, this meeting will start at 6:00 pm. You will still receive an email with a staff report/agenda packet the Friday prior to the April 27th meeting but you will not be participating in person. You can participate via phone, computer, or iPad device using a link that will be provided. You will be able to watch the meeting on your device, and participate by using the GoToWebinar"raise my hand" feature to indicate you wish to speak. Applicants will be asked if they have any input or would like to speak so you will be addressed by the Mayor after the staff presentation. The meeting will still be livestreamed on our website as usual,though any participation must be through the GoToWebinar link on the agenda and city's website. We appreciate your patience, please email with any questions. 2 Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 3 From: Hueler,Drew To: Jeremy Barnhart Subject: Re:Nygard request Date: Thursday,April 9,2020 2:14:04 PM Thanks Jeremy. I understand the request, I don't think it should be granted near the lakeshore structure as it will likely cause more issues down the road if one of the properties is sold to another party. I don't see an issue with the boundary moving a bit between the houses or at the street. Jay has a history of harassing neighbors, anything that can be done to avoid conflict over there seems wise, I don't see that being accomplished by adjusting the lot like at the lakeshore or near a structure. If all current structure setback requirements are met I see no issue. Regards, Drew Hueler Coldwell Banker Realty 612-701-3124 drew.hueler@cbburnet.com On Apr 9, 2020, at 2:09 PM, Jeremy Barnhart<jbarnhart@ci.orono.mn.us> wrote: Jeremy Barnhart, AICP Community Development Director City of Orono 952-249-4626 <Nygard 1380 & 1386 Rest Pt. Rd.-1.pdf5- <Practical Difficulty Form - 3-18-20.pdf> *Wire Fraud is Real*. Before wiring any money, call the intended recipient at a number you know is valid to confirm the instructions. Additionally,please note that the sender does not have authority to bind a party to a real estate contract via written or verbal communication. Hennepin Hennepin County Locate & Notify Map Date: 3/19/2020 •i 4:t 4629 4731 4625 1298 4725 PI 4615 gm 1300 i= 4705 r----;jr,- 4*.. 4695 ',4:1t4.4 -411414.1 ural l� 4 _ .1+ (s)1 g 1111111.P.(��t " ix $ a t;y 13 20 } ac 7§ 1345 '81 1310 ro t7' ;.T1 1337 raa r x 454' ' •' 1365 1347 its ail 441 133 Is 1� 1341? v, 137'3 1371 att ii :; i - 1360 yisiool°11".— I\ 13 50 1m IL, x G'1 ..`dA -.,. 131 1354 1350 IA g6cTi R+7 1395 # �'Y 0. 1366 ,i' $ (11) 1X a `fr 13 74021 '• 14057:-/14190''.. r as ! ' 1386 �1 Jjz �r—�,.. ;; �tg , X - -"9<, 1390- W � ;� r y f s 1,,98 a --4.:t''- t. x i;. /, '40 r 01 ` 'k'`'` , �Y� L f e v 1410 x =� '�� t,': : � � q � #i 3¢y _y am a. I.If 5( }E - '` 3 ' c 7 t*7' -� Fss F ;# ' g< , "e.: '� ''M t ..fit ca ,:3 t T¢'d �'ra ' s ¢f,; .. '� Tex - ,.�= ''r'sss:= ^� _ �S'.; -i-,41.,.,,,tp::::-..t-, ,.4,:.--:-1'.'-,Arikev..,,t0.41*Iiiia, ,,'.4,,,, .:1V.,;:-'7,_-''s----7;:i'0.-i-::4---1'.di-,-.' -11j1W;A`. -44,2::--:..>... -,illi',::-'1'..'"-\tyr.-,--T..i:.4 a)y .rd -� t a s .-T ,„ 411. ;� sem- _�.f,. ..s .,.:-,4%.1.-::-.0,,,-.-4-:.--,-,,,,,,,..--.—, - .... < �. ..a F ` : Buffer Size: 500 0 50 100 200 Feet Map Comments: I j i i I i j i I 1380 Rest Point Road This data (i) is furnished 'AS IS with no representation as to completeness or accuracy; (i)is furnished with no warranty of any kind; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us RUN DATE:03/19/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 07-117-23 310016 38 07-117-23 32 0039 38 07-117-23 33 0002 W E PINEGAR&R A PINEGAR DAVID MILLER/JENNIFER MILLER M J NELSON&D L WILLIAMS 1347 REST POINT CIR 1350 REST POINT LA 1400 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 WILLIAM&REBECCA PINEGAR DAVID MILLER/JENNIFER MILLER DAVID LLOYD WILLIAMS 1347 REST POINT CIR 1350 REST POINT LA 5141 PORTLAND AVE S MOUND MN 55364 MOUND MN 55364 MINNEAPOLIS MN 55417 38 07-117-23 31 0022 38 07-117-23 32 0052 38 07-117-2333 0003 M J ALTENHOFEN ET AL K J GROVER&S K GROVER COLLINS INVESTMENT GROUP LLC 1342 REST POINT CIR 1315 REST POINT LA 1406 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 MARK J ALTENHOFEN KEVIN J GROVER AND COLLINS INVESTMENT GROUP LLC 1342 REST POINT CIR SUSAN K GROVER 5761 SUNNYBROOK LA MOUND MN 55364 1315 REST POINT LA MOUND MN 55364 MINNETRISTA MN 55364 38 07-117-23 31 0023 38 07-117-23 32 0053 38 07-117-2333 0004 RYAN P SCOTT/CORRIN W SCOTT GEORGE T&CANDACE F AHERN GREGORY ANDREW HUELER 1348 REST POINT CIR 1325 REST POINT LA 1398 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 RYAN P SCOTT/CORRIN W SCOTT GEORGE THOMAS AHERN GREGORY ANDREW HUELER 1348 REST POINT CIRCLE CANDACE F AHERN 1398 REST POINT RD ORONO MN 55364 1345 REST POINT LA MOUND MN 55364 MOUND MN 55364 38 07-117-23 31 0024 38 07-117-23 32 0054 38 07-117-23 33 0005 C J JORDAN&D D JORDAN G T AHERN&C F AHERN P&N WALSH 1350 REST POINT CIR 1345 REST POINT LA 1390 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 CLAUDE J JORDAN GEORGE T AHERN PATRICK J WALSH DEBORAH D JORDAN CANDACE F AHERN 1390 REST POINT RD 1350 REST POINT CIRCLE 1345 REST POINT LA MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0002 38 07-117-23 32 0056 38 07-117-23 33 0006 J HOUTMAN/K J HOUTMAN TRUSTS S W HATCHER&C A HATCHER J T NYGARD&K M NYGARD 1340 REST POINT LA 4685 NORTH SHORE DR 1386 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JAMES HESSEL HOUTMAN STEVEN E&CHERYL HATCHER J T NYGARD&K M NYGARD KRISTINE JOANN HOUTMAN 4685 NORTH SHORE DR 1386 REST POINT RD 1340 REST POINT LA MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-2332 0030 38 07-117-23 32 0059 38 07-117-2333 0007 STEPHANIE FERRELL MOLLY PORTER/CAMRON PORTER JAY NYGARD&KENDALL NYGARD 1310 REST POINT LA 4695 NORTH SHORE DR 1380 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 STEPHANIE FERRELL MOLLY G PORTER JAY NYGARD&KENDALL NYGARD 1310 REST POINT LA CAMERON J PORTER 1380 REST POINT RD MOUND MN 55364 4695 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0031 38 07-117-23 32 0060 38 07-117-23 33 0011 D&J BOIES JR J K LANGHANS&S LANGHANS D W&J L RAHN 1360 REST POINT CIR 1366 REST POINT RD 1385 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 DAVID B&JENNIFER BOLES JR JAMES K&SHEILA LANGHANS DAVID W&JODI L RAHN 1360 REST POINT CIRCLE 1366 REST POINT RD 1385 REST POINT RD MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-2332 0034 38 07-117-23 32 0061 38 07-117-23 33 0012 CHRISTINA C NILLISSEN AMY J MIGLINI G D GANGSTEE&K GANGSTEE 1365 REST POINT RD 1371 REST POINT LA 1374 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 CHRISTINA C NILLISSEN AMY J MIGLINI GARY&KATHRYN GANGSTEE PO BOX 814 1371 REST POINT LA 1374 REST POINT RD WAYZATA MN 55391 0814 MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0037 38 07-117-23 32 0062 38 07-117-23 33 0013 GERLICHER LIVING TRUST D S WALSH&A L HELEN D A WIEMER&K L WIEMER 1375 REST POINT RD 1354 REST POINT CIR 1405 REST POINT RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 MICHAEL&LYNNE GERLICHER DENNIS WALSH/AMANDA HELEN DAVID A WIEMER 398 NASSAU WAY 1354 REST POINT CIR KATHRYN L WIEMER BOULDER CITY NV 89005 MOUND MN 55364 1405 REST POINT RD MOUND MN 55364 38 07-117-23 32 0038 38 07-117-23 33 0001 JAMES H HOUTMAN TRUST ETAL LAKE MINNETONKA PROP LLC 1373 REST POINT RD 1410 REST POINT RD ORONO MN 55364 ORONO MN 55364 JAMES HOUTMAN TRUSTEE LAKE MINNETONKA PROP LLC KRISTINE HOUTMAN TRUSTEE C/O 2575 HAMLINE AVE N#B 1373 REST POINT RD ROSEVILLE MN 55113 MOUND MN 55364 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: 04/22/2020 Date Application Considered as Complete:04/22/2020 g.O` VO 60-Day Review Period Expires: 06/21/2020 r To: Chair Ressler and Planning Commission Members y Dustin Rief, City Administrator �� � 'tkEsHo4c' From: Melanie Curtis, Planner WOG Date: 18 May 2020 Subject: #LA20-000028, Baycliff Homes o/b/o David and Wendy Jacobsen-Gretsch, 2440 Old Beach Road Variance Public Hearing Application Summary: The applicant is requesting a variance in order to construct a 2-level porch addition on to the existing home encroaching 10' 2" into the average lakeshore setback. Staff Recommendation: Planning Department Staff recommends denial of the variance. Background The applicant represents the new owners of the property. They want to make some improvements to the home including an addition on the lakeside which will extend partially into the average lakeshore setback.The current home is situated approximately 6 inches into the average lakeshore setback(on the curved wall).The addition would extend 10 feet, 2 inches further toward the lake, expanding the encroachment. :s m r� ---'/ Addition in i (' i — s \the setback I I o ]g., ff Addkion —p \ \ \ ,' within —--a f"----v ,O- \ \ H. \ ALS - _ mo ww •_ _ a _ -- 11K 4 If+ r —V4 f/// .C* ---7,-----7'-,51._„�N.�I ?f r if PROPOS 4,,,,,:iforo , ' 9..— 1i` -- g , {/ ',...z. ..., .'t � ; ,�\i _. y BTLRK�E/FWL EO.IIRIEHT ' Average Lakeshore 11{ \, ;:'',,., Setback Line 445"j'' X <<a\ '•,r Fwsr l'-.) Cri -so-\——'i-'''Tlii vg-tq 5 — — Survey Excerpt-annotated by staff Plan -annotated by staff FILE#LA20-000028 18 May 2020 Page 2 of 5 Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the shape of the shoreline and adjoining lots, and the location of the neighboring homes as practical difficulties supporting the requested variance. Additionally,they have provided supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked for additional testimony regarding the application. Planning Staff Practical Difficulty Analysis: Staff does not find a practical difficulty to justify granting the requested variance. LOT ANALYSIS WORKSHEET Section 78-330&78-1279-Setbacks: LR-1B Required Existing Proposed Lake 75' 118.6' ±107' Rear/Street 30' 43.8' No change North Side 10' ±24' ±23' South Side 10' 74.8' No change The existing home encroaches approximately 6 inches into to Average Lakeshore the ALS;the addition will expand the encroachment approximately 10 feet lakeward of the setback. Section 78-330- Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 61,387 s.f. (1.4 acre) 195' @ 75'/ 177' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 61, 387 s.f. (1.4 acre) Allowed: 12,277 s.f. (20%) Existing: 4,937 s.f. (8%) Proposed: 5,693 s.f. (9.2%) Section 78-1700-Hardcover Calculations: After further review,the submitted hardcover calculations do not accurately reflect the hardcover on the property. Refer to the aerial photos attached as Exhibit F. It does not appear that the omitted calculations will put the property over 25% however accurate information must be provided if this project moves forward to a building permit. Stormwater Total Area Allowed Overlay Existing Hardcover Proposed Hardcover District Tier in Zone Hardcover Tier 1 61,387 s.f. 15,346 s.f. 10,335 s.f. * ±180 s.f. 10,820 s.f. * ±180 s.f. (25%) (16.8%) w/in 75' (17.6%) w/in 75' *Note: The flagstones,fire pit, and other hardcover has not been included in the hardcover calculations. FILE#LA20-000028 18 May 2020 Page 3 of 5 Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) Approximately 6 inches of the existing home encroaches into the average lakeshore setback. It may have been conforming prior to the new house to the north being built.The applicant is proposing to construct an addition onto this encroaching portion of the house which will extend 10 feet 2 inches into the average lakeshore setback. It is possible for a smaller addition to be constructed in this location which would add square footage and still meet 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 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 protect the average lakeshore setback area from view impacts. The applicant proposes an addition to the existing 4,800 square foot home as a matter of convenience without consideration of the rules and development guidelines outlined in the Zoning Code;the addition can be constructed in a conforming location on the property.The proposed variance is 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 variance of convenience which is inconsistent with the Comprehensive Plan.This criterion is not met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant's proposed plan expands the nonconformity and is unreasonable; solutions for additional square footage 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 has the opportunity to reconfigure the addition to conform to the setback.This criterion is not met; and FILE#LA20-000028 18 May 2020 Page 4 of 5 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 is possible 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. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a home 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 condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The applicant has not identified special conditions which support the granting of the requested variance.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 variance would be solely for the convenience to the owners.The substantial right of the property is to be permitted to rebuild the portion of the building which encroaches into the setback (6-inches) without the variance; and build within the allowed buildable area. 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 variance 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. FILE#LA20-000028 18 May 2020 Page 5 of 5 Public Comments Comments from the neighbors have been received, attached as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance, 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? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial of the requested variance. The subject portion of the house can be rebuilt, and enlarged within the setback. List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey&Staff Annotated Site Plan Exhibit D. Submitted Hardcover Calculations Exhibit E. Proposed Plans and Elevations Exhibit F. Aerial Photos Exhibit G. Public Comment Exhibit H. Property Owners List Exhibit I. Plat Map Land Use Application Summary Application Date: 04/22/2020 Address: 2440 OLD BEACH RD WAYZATA, MN 55391 Parcel Number: 2111723220003 Land Use Number: LA20-000028 Application Submitted By: Agent on behalf of property owner Owner: Name: David& Wendy Jacobsen-Gretsch Address: 2440 OLD BEACH RD WAYZATA, MN 55391 Applicant: Name: Frank Worms Company: Baycliff Homes Address: 18281 Minnetonka Blvd Ste E Wayzata, MN 55391 bill@baycliffhomes.com Contact Information: Associated Contact: David& Wendy Jacobsen Gretsch dgretsch@yahoo.com Associated Contact: Associated Contact: Associated Contact: Project Description: Screen Porch Addition, Average Lakeshore Setback variance Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit O Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application O Applicant Signature: 1; Wednesday, April 22, 2020 Re- Request for Variance at 2440 Old Beach Road Dear City Council for the City of Orono— I hope this letter finds each of you safe, healthy, and happy during such an unprecedented time in our history. My wife, Wendy, and I recently purchased a home at 2440 Old Beach Road. Unfortunately, while doing some internal modifications to our new home, we discovered a significant amount of mold, water damage and fundamental building flaws that require us to change out all windows, replace the entire exterior of the home and replace two raised patios with storage space underneath. These improvements are not being made for convenience or aesthetics. We believe the unforeseen need for this investment will benefit our family, our neighbors, and ultimately the city of Orono. While we are undertaking these needed improvements, we decided we want to make a slight improvement to the footprint. On the north end of our home, we want to add an outdoor living space on top of an existing storage space. Again,this space was compromised by mold, significant water damage, structural flaws and requires complete demolition. The current elevated patio is small for our family of seven and the layout is difficult to do what we want to do with the space. In the age of COVID 19 and the fact that I am at elevated risk due to asthma, we decided the outdoor living space would include a screen porch. This space will allow us to use the outdoors while limiting exposure to bugs. While the research remains unclear on this point, we are taking a safe approach as we are now hearing bugs may now be able to transmit Covid-19 as we have seen with other viruses such as malaria. We decided on this location for the screen porch due to the proximity to existing living spaces (as other options are adjacent to bedrooms). I submit these points only for transparency into our thought process. As we dug deeper into the project, we discovered that even our rebuild of the existing structure would not be conforming with setback requirements because we were beyond the adjacent home setback. The sole reason for this is that our neighbor to the north (2420 Old Beach Road) recently demolished and relocated their home further away from the setback and lake in order to accommodate a pool. After reviewing available information,we determined that the prior home was located at or very near the setback allowed by adjacent homes and in respect of a city sewer easement. We believe that relocation of the home away from the setback leaves them a significant amount of room to build forward while adding an encumbrance to our property that is not aligned with the spirit or intention of the setback code. Consequently, we respectfully ask that the City of Orono approve our requested variance. We wholeheartedly understand and respect the city code regarding the setback requirements for building structures. Historically,these codes were written for lake shore owners to preserve the views of all parties and not allow one property to take advantage of these meandering lake shorelines,thus extending a structure and hindering a view from an adjacent party. The notion that all parties are being equal and reflected in the code, also assumes that all parties will build to the minimal setbacks. We do not believe the intent of code was to allow for the inverse encumbrance of one's property rights when an owner decides to move their structure back from the existing setback and lakeshore. Now, both of our adjacent neighbors have the right to move their structures substantially forward while our property in nonconforming. This creates an undue sensitivity to the actions of our neighbors. Our immediate neighbors fully support our requested variance and confirm that the improvement will not in any way impact their view of the lake due to the size and layout of their lots. They submitted letters of support for our actions. Again,we are excited to be moving to Orono and to enjoy our new community. Thank you for your consideration of our variance request. We hope you support us. Respectfully su'm't e• OP.' `.,/14/ _�. �LI ter. David Jacobs- -Gr.tsch Wendy Jac"bsedif;sch 2440 Old Beach Road Orono, MN 55391 Email—dgretsch@vahoo.com Phone—952-210-4441 L.......____ .. _ G.C.#BC454492 Date: 4/22/20 Project Location: 2440 Old Beach Rd Orono, MN. 55391 Team, ...we understand the intent of the code is to make things equal to all neighboring parties, thus preserving lake views in this case....We also feel that the size of these lots in addition to the natural concave contours of the the lake add to the difficulty of the intention of implementing the code in this case. Historically these codes were written for lake shore owners to preserve the views of all parties and not allow one property to take advantage of these meandering lake shore lines, thus extending a structure and hindering a view from an adjacent party. The notion that all parties are being equal and reflected in the code, also assumes that all parties will build to the minimal setbacks. In this case the property to the north chose to install a pool, with this decision they had to also contend with a sewer easement, thus putting their structure further from the minimal average lakeshore setback. We assume the intent of the code is to keep all things equal, so is it not true by moving a structure back this effects the adjoining properties and does not allow a minimal setback potential, thus creating an unequal situation for an adjoining property to realize its potential. 18281 Minnetonka Blvd. Suite E Deephaven, MN 55391 Phone (952) 401-8830 bill@abaycliffhomes.com G.C.#BC454492 We have the support of both adjoining properties in this case. We also do not create an adverse situation affecting the health, safety and welfare of adjoining properties.. Please consider and approve our request for a variance. Looking forward to working with you... Bill Worms, ALA, NCARB, LEED, BATC Owner BCH 18281 Minnetonka Blvd. Suite E Deephaven, MN 55391 Phone (952) 401-8830 bill@abaycliffhomes.com PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000028 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The proposed screen porch will have minimal impact on existing trees and site contours, all of which help hide the proposed structure from neighboring views. We will use existing grades to compliment the additional 10'-2" requested. The structure will not effect the adjoining neighbors views of the lake. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The shape of the adjoining lots, in relation to the lake (minnetonka) shape creates a concave geometry. The new structure (built 2017) to the north (2420) was setback to accommodate for a sewer easement and pool. The property to the south (2480) is an existing home from 1955. When the property to the north (2420) was built farther back then the minimal setback, it made the property at (2440) non conforming to the average lakeshore setback that was established from (2480) to (2420) when the subject property was built in 1996. 3. The variance, if granted, will not alter the essential character of the locality. Response: The proposed structure is a screen porch similar to the property to the north (2420). Screen porches are a common structure in Minnesota both on lakes and non-lakeshore owners, due to the abundance of insects in the summer months; as well as, the newly importance of environmental protection against these insects. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: The existing patio structure is leaking from the top, thus deteriorating and needs to be replaced. Moving the structure to the south elevation would block an existing egress window in the basement. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: No solar requested at this time. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: This is residential use and we are asking for a common residential structure, screened porch. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: n/a 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The geometric shape of the property (2440) in relation to both the adjoining properties and the lake shore, creates a concave shape, yet both adjoining properties are not setback to their minimal potential. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Both adjoining properties have the potential to build closer to the lake or minimize their setbacks in the future. The lots are larger along this shoreline and all lots have vista views. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The property cannot be put to reasonable use if used under conditions allowed by the official controls because the average lakeshore setback today creates a non-conforming situation new to the property of the existing structure. The existing porch needs to be replaced, it's a concrete slab over a concrete space, faced in brick. The structure is deteriorating because it was not flashed properly. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The approval of the variance will not effect the amount of light to neighboring properties, nor will it effect the danger of fire, nor will it effect the property values in a negative way. It will not impair public health, safety or welfare. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: In order to enjoy and use the home year round it is important that a screen porch be constructed to achieve this. The protection from insects that have the potential to carry viruses is greatly reduced, if one can be outside in a protected enclosure. / Advance Surveying 8 Engineering,Co. / HqM PhoneTm. s a We.www.advamoorn m 114T 11.6 KM Mel OR // EReT 4FERVISCW A NAT IMO ST WE fw,M A CULT sESlum WV SAW.Nus INE Uwi CI / ME STAN n'aMExDTA ,(.} . � S. ` w43503 uR eiaX4 _� I,``\ I f APRIL 22,2020 .�-.—_.— : are '''''\\..,..________,..,_____ ,___k __ ,.,._,,_,..: ,. ., •v ...7M — 3 _f ....../ •\ DRAWING ORIENTATION 85CALE / .__--__._.__._ _--__.__.— —r __�_�--__--- _ _-__�_ Pa \ • µ / -�--__ --_ ,r Omsk_ ,,\ � ............ ___..... " __rte �� -__-___ ,_„__,,... .,._________ `` �'�\ Auv'•1•••' �`t� CLIENT/JOB ADDRESS P. 7 i\ r� •..` \ BHOMESF f t A ape ..... 7 yrs IA w \ i,....z.,...-\\._\ --�— ,,— 2440 OLD BEACH mo \ _. ` \ RD. ^` 1I N. E�i ,=1�.�� LII ,\ \l \do,� 9 mew.44.4,444 nl.,,.o w.,o<oR, ORONQ MN ✓`\i ililitisi i°!li°isi°i r l;iii _.i 1 \ `----V w "0x 44 ds4�144444A'm \• 441 ss.k'•44444.s t r. \ u`a' $ / A's�dEla441ri•A144hh444444 `. \ —s� ` " 144444,144444444!°I`°°ls4h \f, as,.xa. ...�.rs. r...,o.,... '11;1:: .Fl. D.,E \II1�1�1!i1j!1�1111111�1!11l1 1 Nil�E�il ` f, � REVISION OESORIPRON LEGAL DESCRIPTION: ` M 1.1 \51-11 ` / \ �o,as ,., �.,eo m..,. „"`•"'lt`"""°rw" iI '". a/nvEMry sETaCa thatpart thereoflying Southerly of a line riming firom a point Ln the WesterlyIme of =_- ` I \ \ ` as`o<`m ."' 4/21/20 snow APPROXIMATE said Lot,distant 24 feet Northerly of the Southwesterly comer thereof to a point in the Southeasterly line of said -1 ,11 ��i, \ so*m.,,,o. „„ L0T011""0° ^•` 2110 ADJACENT HOMES Lot,distant 263.4 feet Northeasterly of the Southwesterly comer thereof. _-- `\�� —_ \ •.•'��Oji ` \ so,,,s„ ,.moo„ "'STEPPING/Rat,.,...,1110.DOEO'° a/22/20 SHOW ADDITIONAL sETRAcx \ `1 1111 a \ xss/ens utas. LINES PER CLIENT SCOPE OF WORK&LIMITATIONS: \ ` _°'——_\ ` ,';1 it \ I. Showing the length and direction of boundary lines of the legal description listed above. The scope of our 117 w �'n �—`I _••115 t \ es does not include determining what you own,which is a legal matter. Please check the legal — `O\ \I , 11,11 --�_—� \ _ description with your records or consult with competent legal counsel,if necessary,to make sure that it is I It 11 _ �T-- correct and that any matters of record,such as easements,that you wish to be included on the survey have _ I I°s I \ been shown. „,s_..___---- ' ��'15�j o_i J \ \\ SURVEYED DATE: 2. Showing the location of observed existing improvement we deem necessary for the survey. -------------_—_7_:---N__0.10_8:.,334 1N ; J. Setting survey markers or verifying existing survey markers to establish the comers of the property. __�,_— OB'p8•J7•E �lilit i \ \\\ MARCH 25,2020 4. Existing building dimensions and setbacks measured to outside of siding or stucco. X11.4' -------'' 24.00 --_ DRAFTED DATE: 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such 4A,taq governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown MARCH 2'/.2020 before proceeding with construction. 4444rr 6. Showing elevations on the site at selected locations to give indication of the topography of the site.We SHEET TITLE have also provided a benchmark for your use in determining elevations for construction on this site.The elevations shown relate only w the benchmark provided on this survey.Use that benchmark and check at least EXPANDED SURVEY e other feature shown on the survey when determining other elevations for use on this site or before beginning construction. SHEET SIZE:22%34 7. This survey has been completed without the benefit of a current title commitment. Them may be existing easements or other encumbrances that would be revealed by a current title commitment Therefore,this DRAWING NUMBER survey does not purport to show any easements or encumbrances other than the ones shown hereon. 200280 WP R. While we show the minimum building setback lines per our interpretation of the city's zoning code,said setback lines must be verified by the appropriate city official to be sure that they am shown correctly.Do this SHEET NUMBER before using the survey to make any decisions regarding the property. STANDARD SYMBOLS&CONVENTIONS: S 1 •”Denotes iron.survey marker,found,unless otherwise noted. L,J / Advance Surveying&Engineering,Co. /a r HN ten No., Pszl °aPa T TM PUN.SUM..OR /, nttREPORT WAS PREPARED BY NE OR UNDER NY DIRECT SUPERVISION AW TIM I AN A DULY ME / S DIE lAlt N UlIFa UXB R / // .4.�.ZS /' #43503 Aar I2 N / ,\•,/', 4, APRIL 22,2020 y '.~ -- - r/ DRAWING ORIENTATION 8 SCALE __ _-__ _------ - \ 'a __ '- ___- --_ 1 • _ � _ V _ // J / - ,.O.-,.._.__ 1111111, ___• ___,�_• ia \�` ] t - \ _tom- CLIENT/J08 ADDRESS _ ..-1.-,t4 �` �`i" i'r` t HOMES III:, rs 4 ,,` ��\ \-V2,,\l --�-- }—_ 2440 OLD BEACH \\Iill"Pi°i•r.� .' i "'tri \a''‘'e' m° ORONO,MN 1i1!i141i1P•144 1 °�_— 4441hhh444411Ri1i4 \ —�'j:ry ++ 1111111111'Ir 11!11°1114111 \ !j\p. \O / 11 1 1°..• ------ A 11 11.•1• 1 it\\I.I�I.J�dI 1'ii14.1.1.1.1.1.1�141111111i•. \ •;'tllllllllll�l�llli4111111111.•1.1-!lilili i \ oumo.+rn ° ea w,r,, DAIS REM4nN DESIXmnW 11: tlllllrlllll°L1 1 1 1 1 1 1 q '''''!1.,11111111i. 1 1 1 ft LEGAL DESCRIPTION: :41.` i�t�r!�11• r'•a�i�i4 .w.wro ^.r.w. :,...1 fi +,� ,m....�. :.:,1"4 '\•t�l�l�° ``� t \ 4/21/20SHR"0 ADJAOEWT SETBALx Lot 2,"Shore Hills"except that part thereof lying Southerly of a line ruining from a point in the Westerly line of 11;:111; 1i4 \/ ,\ .,...w, .�,.,w.,,. '""`°` "' 4/r/zD $NOW APPRO%INAEE said Lot,distant 24 feet Northerly of the Southwesterly corner thereof to a point in the Southeasterly line of said 1Iil i -.. _ i t\ .n+m,FO E 1+w ,u+ ...s NO ADJACENT HOMES Lot,distant 263.4 fee Northeasterly of the Southwesterly corner Ih<reef. 7191--- N. \ '•,•tpi4 ♦ \ w,..sre �s t. 'rT°" ,.ww..,.,....1 110101." 4/52/50 SHOW ADDmmaL sEIBAan -"--� 1,111111 • \ "••ter•seas' asses PER Comm SCOPE OF WORK&LIMITATIONS: \ `\ '� _a '084 \ I. Showing the length and direction of boundary lines of the legal description listed above.The scope of our it q `' `a1 ��I!4 \ es does not include determining what you own,which is a legal matter. Please check the legal --- \1 i I�ijil -�--�\ \ description with your records or consult with competent legal counsel,if necessary,to make sum that it is —- I iii it �T-- correct and that any matters of record.such as easements,that you wish to be included on the survey have _ Jtt I �I�.'i1 f been shown. �•!jijil o ' i \ \\ SURVEYED DATE: _`-_ __247.99 - \ 2. Showing the location of observed existing improvements we deem necessary for the survey. -----_____---N 08b lilil 1 \ 8• • '111 ! MARCH 25,2020 3. Sevin arkerS or verifying tin kers to establish the comers of theproperty. ..-J� E h44 __ — \ 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 4�°i1� 24.00----- DRAFTED DATE: S. Showingd tabulating surface coverage of the lot forand for the review of such aro,yQ 'I•i'4!1 an g uvpeay your review as,yl MARCH 27.2020 governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 'a*+R.. 6. Showing elevations on the site at selected locations to give some indication of the topography of the site.We SHEET TITLE have also provided a benchmark for your use in determining elevations for construction on this site.The EXPANDED SURVEY elevations shown relate only to the benchmark provided on this survey.Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. SHEET SIZE:22 X 34 7. This survey has been completed without the benefit of a current title commihnent Them may be existing easements of other encumbrances that would be revealed by a current title commitment Therefore,this DRAWING NUMBER survey does not pinyon to show any easements or encumbrances other than the ones shmin hereon. 200280 WP 8. While we show the minimum building setback lines per our interpretation of the citys zoning code,said setback lines must be verified by the appropriate city official to be sure that they are shown correctly.Do this SHEET NUMBER before using the survey to make any decisions regarding the property. STANDARD SYMBOLS&CONVENTIONS: J 1 •"Denotes iron survey marker.found,unless otherwise noted. SHEET 1 OF t Hardcover Calcs — From Survey PROPOSED HARDCOVER EXISTING HARDCOVER HOUSE 4,858 SO. FT. HOUSE 4,858 SQ. FT. DRIVEWAY & FRONT STOOPS 3,583 SO. FT. DRIVEWAY & FRONT STOOPS 3,583 SQ. FT. POOL & POOL APRON 1,063 SO. FT. POOL & POOL APRON 1,063 SQ. FT. REAR PATIO 342 SQ. FT. REAR PATIO 342 S0. FT, HOT TUB 70 SQ. FT. HOT TUB 70 SQ. FT. PROPOSED SOUTHERLY ADD. 311 SO. FT. SE'LY CONCRETE & WALL 271 SO. FT. DRIVEWAY COLUMNS 16 SQ. FT. DRIVEWAY COLUMNS 16 SQ. FT. NORTH STOOP 79 SO. FT. NORTH STOOP 79 SQ. FT. CURVED STEPS 53 SQ. FT. CURVED STEPS 53 SO. FT. PROPOSED NORTHERLY ADD. 445 SQ. FT. TOTAL EXISTING HARDCOVER 10,335 SQ. FT. TOTAL HARDCOVER 10,820 SO. FT. AREA OF LOT 61,387 SQ. FT. AREA OF LOT 61 ,387 S4. FT. LOT COVERAGE 16.8% LOT COVERAGE 17.6% NOTE: STEPPING/FLAG STONES NOT INCLUDED IN NOTE: STEPPING/FLAG STONES NOT INCLUDED IN HARDCOVER AREAS. HARDCOVER AREAS. 7- ,___,7 p '- 1/I IID 1 1 1 I I 6 I ' 1 I _P Az 1/I NYS ' ispoianiso ® _ 1.■.n■.if.a■� - _ iu■ii■iati ■i I --IV ---I rn r� r� r<s L •• .. ' ■ —1 r-= !1 0—mmimi < IIJIOIML PI ,4,114k 11-- 1. 11 grigrartik taall - _-- ri --*i_- �—� �' ' ! 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X /tiff 17. ,� f� 5: Y "` = 2-,:.,. . fir.._.. . ..._.". a,..-. :`< April 16, 2020 TO: City of Orono FROM: Robert and Brenda MacDonald 2480 Old Beach Road Orono, MN 55391 612-670-6801 REF: Zoning variance We are aware that our neighbors David and Wendy Jacobsen-Gretsch of 2440 Old Beach Road have requested a variance to an adjacent lot setback, in order to facilitate a proposed addition to their home.The purpose of this communication is to notify the city of Orono that we understand and fully support the addition and variance, as it will in no way restrict our view or access to the lake.Thank you for your positive consideration. ROB W. MacDONAL D BRENDA Z. MacD ALD April 10,2020 Dear City of Orono, Greetings. I am joe Sanguinetti.My wife,Amy Abouelenein and I live at 2420 Old Beach }toad. Our neighbors,David and Wendy Jacobsen-Gretsch,live at 2440 Old Beach Road. David and Wendy approached us with a proposed addition which will require a variance to an adjacent lot setback of 7 feet. We reviewed their plans and are in agreement and fully support the addition as it will not hinder our view or access to the lake. Thank you. Sincerely, '4 Joe Sang 1101 RUN DATE:04/22/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 11 0039 38 21-117-23 22 0018 UGORETS 8098 LLC C V MCLAIN&S L MCLAIN 38 ADDRESS UNASSIGNED 2505 OLD BEACH RD ORONO MN 00000 ORONO MN 55391 UGORETS 8098 LLC CHRISTINE V MCLAIN 410 11TH AVE S STEVEN L MCLAIN HOPKINS MN 55343 2505 OLD BEACH RD WAYZATA MN 55391 38 21-117-23 22 0002 38 21-117-23 22 0019 AMANY G ABOUELENEIN ET AL T M&A A CODUTE 2420 OLD BEACH RD 2535 OLD BEACH RD ORONO MN 55391 ORONO MN 55391 AMANY G ABOUELENEIN THOMAS M&ALICIA A CODUTE JOSEPH N SANGUINETTI 2535 OLD BEACH RD 2420 OLD BEACH RD WAYZATA MN 55391 WAYZATA MN 55391 38 21-117-23 22 0003 38 21-117-23 22 0020 D JACOBSEN-GRETSCH ET AL J FREIVALDS&L K FREIVALDS 2440 OLD BEACH RD 2585 OLD BEACH RD ORONO MN 55391 ORONO MN 55391 DAVID JACOBSEN-GRETSCH JOHN FREIVALDS WENDY JACOBSEN-GRETSCH LINDA KELLEY FREIVALDS 2440 OLD BEACH RD 2585 OLD BEACH RD WAYZATA MN 55391 WAYZATA MN 55391 38 21-117-23 22 0004 82 16-117-23 33 0026 ROBERT W MACDONALD JON-PAUL GAGNE/LAURA GAGNE 2480 OLD BEACH RD 2315 OLD BEACH RD ORONO MN 55391 MINNETONKA BEACH MN 55391 ROBERT W MACDONALD JON-PAUL GAGNE 2480 OLD BEACH RD LAURA GAGNE WAYZATA MN 55391 2315 OLD BEACH RD MINNETONKA BEACH MN 55391 38 21-117-23 22 0005 82 16-117-23 33 0028 S R MCINTEE&J A MCINTEE J J BAUMER&T E BAUMER 2490 OLD BEACH RD 2314 OLD BEACH RD ORONO MN 55391 MINNETONKA BEACH MN 55391 SHAWN&JACQUELINE MCINTEE JEFFREY J BAUMER 2490 OLD BEACH RD TRACY E BAUMER WAYZATA MN 55391 2314 OLD BEACH RD WAYZATA MN 55391 38 21-117-23 22 0006 82 16-117-23 33 0029 G K CARLSON&D M CARLSON CURTIS HOLT&VICTORIA HOLT 2496 OLD BEACH RD 2313 OLD BEACH RD ORONO MN 55391 MINNETONKA BEACH MN 55391 GERALD K&DIANE CARLSON CURTIS HOLT&VICTORIA HOLT 2496 OLD BEACH RD 2313 OLD BEACH RD WAYZATA MN 55391 WAYZATA MN 55391 38 21-117-23 22 0009 82 16-117-23 33 0030 DAVID MATHIAS SCHNEIDER UGORETS 8098 LLC 2540 OLD BEACH RD 82 ADDRESS UNASSIGNED ORONO MN 55391 MINNETONKA BEACH MN 00000 DAVID MATHIAS SCHNEIDER UGORETS 8098 LLC 2540 OLD BEACH RD 410 11TH AVE S WAYZATA MN 55391 HOPKINS MN 55343 38 21-117-23 22 0010 JAMES R KREY 2560 OLD BEACH RD ORONO MN 55391 JAMES R KREY 2560 OLD BEACH RD WAYZATA MN 55391 38 21-117-23 22 0016 F L WEINER&E T WEINER 2425 OLD BEACH RD ORONO MN 55391 FREDERICK L WEINER ELIZABETH TILT WEINER 2425 OLD BEACH RD WAYZATA MN 55391 38 21-117-23 22 0017 L LUNDQUIST&D LUNDQUIST 2455 OLD BEACH RD ORONO MN 55391 LARRY&DONNA MAE LUNDQUIST 2455 OLD BEACH RD WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 4/2- f /2 2/2020 �, ) ro 1 r t +'�I ; '� �.. k t - � { c t no- ; t " K , rt `{ s "`� '' t wA ',--1,7 2313 ' » Z s° - :." x t , i i z x: u a x �-� fi. t ` �.,�,E, a �" � �� 2315 ralIaitsia* " . 1,,,:i..,4 0,011;:-:it-4,tc.„?..-1f,VS-le r%.*L1--4%;,141," a ��'„aagr�i 2420 ftl 4 '- 4 ..,,,,_ppo 2455 on 249 C6_ a I la a {tel 2480 tur e 25ti, .,, S 2490od 2535 tit H [` 2496r '' �► 2665 N) IIIIIIIIII 2560 ,: 2540 26l"r5 2530 2510 ril Buffer Size: 500 0 50 100 200 Feet Map Comments: I I I I I t I i I 2440 Old Beach Road This data (i) s firnshed 'AS IS' with norepresernatlonasto completeness or accuracy; (i)is furnishedwithnowarranty of any knd, and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shat not beliatiefor anydamage,iryury or loss resulting fromthis data For.—re inf ormahon,contact Hennepin County GIS Office 300 6th street South,M inn eapd s,M N 55487/g s.i nfo@henr�epi n.us Date Application Received: 04/22/2020 Date Application Considered as Complete:05/06/2020O.44 60-Day Review Period Expires: 07/05/2020 ♦♦ To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator ! G1 4kESHO From: Melanie Curtis, Planner h'1GG Date: 18 May 2020 Subject: #LA20-000029, Michael Louwerse & Elise Kottraba,4731 North Shore Drive Variances/Public Hearing Application Summary: The applicants are requesting a rear yard setback variance and a hardcover variance to permit a garage addition on the street side of the home with a driveway extension. Staff Recommendation: Planning Department Staff recommends denial of the variance for setback;and approval of a hardcover variance for parking if planning commission finds practical difficulty supports a hardcover variance.The unpermitted hardcover should first be removed. Background The applicants are requesting a hardcover variance and a rear yard setback variance in order to construct a single story garage addition to the home with additional driveway.The applicants share the driveway with the neighboring property and they use each other's driveways as a back-up apron. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the shared driveway situation as the primary practical difficulty 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 that the site is challenging due to the shared driveway (including necessary back-up area),the driveway slope and proximity to North Shore Drive, as well as the topography of the lot including a bluff. % R.15.00 t'r, 6.92.2524' ,nn d/ \ / Shared _ q= .' Drive • 06 o , 0''/ �so5.0 / � F> / FILE#LA20-000029 18 May 2020 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330&78-1279-Setbacks: LR-1B Required Existing Proposed Rear/Street 30' 30' 18' West Side Street (undeveloped) 7.5' 10' 10' East Side 7.5' 11' 26' (addition) Lakeshore 75' 99' No change Average Lakeshore No change Section 78-330-Lot Area/Width: LR-1B Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 11,752 s.f. (0.27 acre) 60' @ 75'/60' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 11,752 s.f. (0.27acre) Allowed: 2,350 s.f. (20%) Existing: 1,592 s.f. (13.5%) Proposed: 1,880 s.f. (16%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay in Zone Hardcover Existing Hardcover* Proposed Hardcover* District Tier • Tier 1 11,752 s.f. 2,938 s.f. 3,338 s.f. ±560 s.f. 3,842 s.f. ±560 s.f. (25%) (28.4%) w/in 75' (32.6%) w/in 75' *432 s.f of excludable retaining wall hardcover removed(258 s.f of illegal hardcover still included) Applicable Regulations: Rear Setback Variance (Section 78-330) A rear, street setback variance is requested in order to construct a 12 foot wide,single story addition to the home for an additional garage stall 18 feet from the rear lot line.The existing home is situated at the conforming rear yard setback of 30-feet. Hardcover Variance (Sections 78-1680&78-1700) The applicants are requesting a hardcover variance in order to accomplish their goal of acquiring more parking and vehicle storage on the property.Their request is for 504 square feet of additional driveway hardcover and garage resulting in 32.6% hardcover.The additional driveway hardcover will help to facilitate parking an additional vehicle for the applicants while still allowing for the shared driveway neighbor to back into the subject property to "front out" on to the busy County road. FILE#LA20-000029 18 May 2020 Page 3 of 5 The current level of hardcover is 28.4%. The variance approvals granted in 2013 (Resolution No. 6206)to develop the property did not include a hardcover variance. In 2015,the previous owners received a zoning permit to rebuild existing retaining walls and construct a stairway/path in the lake yard. At some point after 2015, a new deck and what is shown on the survey as a paver sidewalk were constructed right at the lake and over the riprap.This 258 square feet (165 square foot deck+±93 square foot walkway)of hardcover within the 75-foot setback was not approved as part of the 2015 permit, nor was there a permit issued for the deck construction.This hardcover should be removed. The "existing" adjusted hardcover calculation (after the removal of the excludable retaining walls, and removal of the unpermitted hardcover)would be approximately 26.2% (3,080 square feet); adding the new requested hardcover to the adjusted calculation would result in 30.4%or 3,584 square feet. Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The shared driveway situation and the small building envelope on the lot includes difficulties in its bluff topography on the lake side and the slope and proximity to the County road on the rear to allow expanding the building footprint or parking vehicles. 2. The variance is consistent with the comprehensive plan. The hardcover variance proposed to expand the parking hardcover on this Property is consistent with the comprehensive plan. The applicant establishes that there are practical difficulties. However,the variance to expand the building footprint into the rear yard is inconsistent and the setback would be out of character with the locality. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance request to allow expansion of the driveway/parking hardcover is reasonable and supported by the practical difficulties found in the restricted maneuverability which results from the shared driveway. Expansion of the building footprint into the rear setback, 18 feet from the elevated, highly trafficked County road is unreasonable. FILE#LA20-000029 18 May 2020 Page 4 of 5 b. There are circumstances unique to the property not created by the landowner; The small building envelope, shared driveway, existing home size and location and topography are unique to this property and to some extent the property to the east, and were not created by the property owner; and c. The variance will not alter the essential character of the locality. The variance to allow expanding the driveway hardcover would not alter the character of the locality;expansion of the building footprint into the rear setback would have a negative impact on the character. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 3. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 4. 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. 5. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable, as a driveway and residence are allowed uses in the LR-1B District. 6. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 7. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The topography, lot size, and shared driveway situation are particular to this property and the property to the east with which the driveway is shared. 8. The conditions do not apply generally to other land or structures in the district in which the land is located.The topography on the western end of North Shore Drive is extreme. The slope conditions and proximity to the busy County road do not generally apply to the other properties in the LR-1B district. 9. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the hardcover variance is necessary for the preservation of the property right of the Applicant. 10. 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 property has an attached, two car garage. The purpose for granting the requested setback variance would be solely for the convenience to the owners. Granting a hardcover variance to allow for a safer driveway in this unique situation is not contrary to the intent of the zoning chapter. 11. 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 to justify supporting the setback variance which meet the practical difficulty criteria; it appears the purpose for granting the requested setback variance would be solely for the convenience to the owners. This criterion is not met. The variance for hardcover is necessary,and does not merely serve as a convenience to the Applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. FILE#LA20-000029 18 May 2020 Page 5 of 5 Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial of the setback variance for the garage addition. However, staff recommends approval of a hardcover variance to permit 504 square feet of hardcover for a new driveway and parking pad conditioned upon the removal of the unpermitted deck and flat paver walkway at the lake and the walkway converted to be a non-hardcover surface. Staff recommends approval of a variance for 30.4% hardcover(3,584 square feet). List of Exhibits Exhibit A. Application & Narrative Exhibit B. Practical Difficulties Documentation Exhibit C. Staff Annotated Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Aerials &Street View Photos Exhibit G. 2013 Variance Survey Exhibit H. 2013 Resolution 6206 Exhibit I. Plat Map Exhibit J. Property Owners List Land Use Application Summary Application Date: 04/22/2020 Address: 4731 NORTH SHORE DR MOUND, MN 55364 Parcel Number: 0711723320067 Land Use Number: LA20-000029 Application Submitted By: Property Owner Owner: Name: MICHAEL SCOTT LOUWERSE Address: ELISE MARIE KOTTRABA 4731 NORTH SHORE D DR MOUND, MN 55364 Applicant: Name: Michael Louwerse Company: Address: 4731 N Shore Dr Orono, MN 55364 mslouwerse@gmail.com Contact Information: Associated Contact: Ryan Pederson Ryan@sdhmn.com Associated Contact: Associated Contact: Associated Contact: Project Description: Garage Addition - Rear Setback, Hardcover Variance Land Use Application Type: Amendmend Application !.J Appeal of Admin Decision Concept Application CD Conditional Use Permit LJ Site Plan Application --1 Subdivision Application LI Subdivision Exception t- Vacation Application '--I Variance Application ✓i Applicant Signature: The addition to the garage will be built in accordance with original home build specifications and finishes. I expect the project will take about 60 days to complete from start to finish. This project will improve safety for the neighbor that shares this driveway by increasing storage for the current home,with two cars there is just not enough storage for yard and lake supplies. With this addition the homeowner will be able to park their vehicles in the garage so the neighbor can back into their driveway to turn around and drive out of the driveway safely. When cars are parked in the driveway you must back out of the driveway onto North Shore Drive,which at time can be very dangerous. See attached diagram for more information. Safety would be the main point to discuss, but if you have outdoor storage that will move inside that may be another benefit for the neighborhood. Found o Denotes ee tesnent Monument rriirirtttr Iron Moum %000.0 DDeennooetses ExEixsitsintginEglevCoon ursSite Plan Survey For: DONNY BONNICKSON ��Denotes Proposed Elevation Property located in Section N. .: 25,Township 32,Range 24, Anoka County,Minnesota Power.y\y Pole I ; i N.,N, '.'•.:',.- ' ,... S' I y As-Bunt Elevations" I 1 I y\ � bt d 984 67 Top of Block(north garage wall) 979.0 overhead wren \ I •9'S ' 2,,� \ v Top of Block(house entry) 978.3 11 111 ro m m 24.20 \�\y c4' -1S Top of Block(main house) 977.3 I1 io m '' 15.00 `y\,y, o q Garage Floor 978.0 1 m II `�p=92e 524"`\ �N ,.o -.C„ 1\ m II It t• `\ 1 253.I \\y 'bit ed.3, /L� Lowest Floor 907.0 1 1 979.of \ '\ A. \\N4 \ -954'40. I e" 1 / A \982.7 6. `\y .... 1 / I / Y°0\` \ 7� \\y 0/p / l \ \\ \\ 't "N., 954 34 Proposed Addition Elevations ) 07417 \ G, 9 I \ \ I C • \ / �p_ bit pi \ 0)5.4 rL A \ ^ ry 984.6/ 978.0 Proposed Garage Floor 'I o I o t Z` Rptr�4„ \ ^g. Nail '�'6 I m 1� \\ I r, . qt, �A t 3 i.+/•- NaN 'A N N. 1 I ' \I tel ' O -;.6 tlo 96913 979.6 75_ -- XIIs 1 m 970 0 19 Gar Ptr= \\ I \ 0 975.0 01 's 1 Egress 7'/' qi 'F--) N ,I 9%5.L'I I Well I 1' N • • ��t� \ `� I \I 966.7 \ 3� . m 1 O / I '67.2 \ 11 ;^y0•x 63.6 � Residence 9,.....,-1,7, ®� - q; x ` 1 1965.7 _ 975 5 eY < ' O O, iv m Ip0 1 11 / 1 '\2J ,(,nC m I� I II 1 \ \0 0 6••� :/p 9, 975 5 ` 0 1 y I I i x965' ..s,,..> h "72.0'. I )' m 9.$05, I l � / / l 1 966.7 u9o50\0'1_-�Bg0 s,' garage floor �,I / / ',/ \ III 967 6 / \\ 965.5 0,, 977.3 / / / / / / 1 969E `'. / / l / .I .962.7\ 966.#/96x 7 969.9 I door sill 975.5 m / l 1 1 / � � � / P--965---- / l ll l 195D.71� 1' <0 , No. 4725 / l / l / l I 1 ^� V 967/ l l 1 / 1 1 x11 11 II r i1 /966.5 h0D 1 l/'I I I I / I 1 1 I 1 866.2 / Qi I l l I I / 966.4 ,O0 1/ rte. l ,l \ I \ \ Sad / O 3. pp // / ; 53.7 \ I `n \\ Lme. 0 ' door 31” 3 h ', -\ ‘1.1-1 I'`,`/N' \ x 965// ` 966.5 967.2 1 942,12 l 94. `o/.'.\ ,\ o \I 1 96 2/ -, e'er. 1 \ 0 LD I./ ' \\\1, '1'9\,r \ \ y9 m I 1\ = El 9.38 'r .,6. .11/ I / 17W 966\2 �. cTi 93 N ``,75/..� \ , �W 964.q �l Wood 7�e Wali S \ `` Q �• \�' ',Da, 6. '�'3s,fL \ \ bw 94 x tw'94rw 6.2"\5m`\ \ \<- t s Wali N \ \♦ l:�,rljt'v �s� \` ., -`` ,, x 966.2 p `e;5:39g,,____ \ `Y`Y 9' \ \ 9 v \\�a�\ ` .\ `\r.J �\`149-; s`.\\\\\,L58.7/-- r 96 '' \ `•\\xy L. '1 3, s m`.\\ \ /_ 95965.7 N\ "'` 9,p .`:,;(41r. • I (t''\S \ .\\\'-Y -A.- __ 9600747 Hardcover p \\7„,ti"®, Z �/ 1 07 a\` \ - - .9-58 562.3 N \\\ , tea -. •\ • N\ ` `Mn044 __C7- ---956, Lot area = l 1,752 sq ft+ 00 ,, x a^.` 14'� y ‘,\`-Z------:-..:- __s Concrete areas = 624 sq R+ o •' ,----?4-7;', 4-M \��•,��� 1" �, _- -:-'9S a, �' Residence = 1,592 sq ft .,- � 0�4\4'49'6. `�*r - 1'.,'sB () h�`' PROP.ADDITION = 255 sq ft+�o wC),r7.3 ,. �4is q96 `,\`' PROP.DRIVE = 2I 6 sq ft+ a 9Ve i\ x R, 9.4 'ti-8r) o k it o � ' 4\.., sv2\ Deck = 173 5g ft+ m 'f' .ph/i \ ` •_935.9` $ O orc.99�. 's ,, ',9 �'- Landscape B Walls = I5 sq fti- w roti9 ..::,<- h' ° o,'� 93- Boulder Walls = 255 sq ft+ i1 cG'I'r4'. �\siiC'./- �so 93'- Total = 3,454 sq ft t a' �J 9 m `• �` --.93,4, 111 _- Percentage = 29.39% vim:s N C''' eater non '5, Daps 93/.6 LEGAL DESCRIPTION: o O� 9275 ,�0�+ Lot 6,and the northwesterly 10.00 feet of lot 5,Block 5,BERQUIST& "--i`•�� , WICKLUND'S PARK,and that part of Lake Street(to be vacated)lying between the southwesterly extensions of the northwesterly line of said 5 Lot 6 and the southeasterly line of the northwesterly 10.00 of said Lot 5. ;, Benchmark:Top Rim of City of Mound Manhole Hennepin County,Minnesota Elevation=971.67 li ,n Project No.82019A Scale: 1"=20' I certify that this survey,plan,orreport was prepared by me or under my 2 Drawn By direct supervision and that I an,a duly Licensed Land Surveyor under F.B.N o. cert ocd, the laws of the state of Minnesota V D E M n R C Address.4731 North Shore Drive Prepared this 16th day of March 2020. 3 .e Orono,MN in LAND SURVEYING&ENGINEERING ' 5' 7601 73rd Avenue North (763)560-3093a / i Minneapolis,Minnesota 55426 Demarclncom .' // Signed �� Gre er R.P.sch,Minn.Reg.No.24992 v} Googleearth snapshot showing cars in driveway, very difficult to enter North Shore Drive when backing out. `i' ,, � b ., r b `...:a x‘0•....„ rc%4,... nk R. 's rt a.► +r i we N44.,,t4011-161,77-gi,.., o-`.. .,.. : , A +a4 �C�t• 6. wRSq1 - ` � �• F Rt1/4� " • • „:‘,..., ....,...,...,...:,. ,,. ., . . . , „,...,„,,....,.. .... . ..., . ....,,..., 441fliii.- • 1.- 44r......",--,... .;,.-”'..' a ^ Eil'i .t;:: r. E :11.'''''''' '''. 1 '''' ''''t..4\4 ;:i.II:''''''''':4:::?..‘''''. 1. r \itii..... �� ` ° t*litit.* ,,,e ',. .' 1..' ‘',,,,".....,..,0,:e.:' 1, 11 0111 � + t 4 tt St =1731 N':,h.,ars['>� tom` � ,. �.1.,,,� PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000029 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: We currently share a driveway with our neighbors. Because of this, we are unable to park in our driveway so that they are able to exit the driveway if needed, we were unaware that this would be the case when purchasing the home. We would use the additional garage both for parking and storage. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight is certainly unique to this property and was not created by the current landowner. 3. The variance, if granted, will not alter the essential character of the locality. Response: The variance would not alter the essential character of the locality. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: N/A 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Yes, the special conditions applying to the land in question are peculiar to the property and the immediately adjoining property. Because we share a driveway we are unable to park cars on our half so that our neighbors can come and go. 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: N/A 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: N/A 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The granting of the variance would alleviate the difficulty of not being able to use our driveway. • Denotes Found iron uuru jnrd TrrtifiraI.i O Dentes Iron Monument Monument Site Plan Survey For: 4000.0 Denotes Eds6ng Elevation Denotes Existing Contours DONNY BONNICKSON P wer\ 9,4.73 ED Denotes Proposed Elevation Pole Property located in Section 25,Township 32,Range 24, Anoka County,Minnesota / 984.49. cs "As-Built Elevations" �.5"'•1.=i4..s /� Top of Block(north garage wall) 979.6 R=15.0 6 4" �`tY ,C, p�g2=25'24 -•\` so 4.43 S' Q^ Top of Block(house entry) 978.3 f. 1 a�"83.98 s- / Top of Block(main house) 977.3 '.� ;` y' c^ \� Garage Floor 978.0 m `1%t moo ` � 1 t 1 \ SP \-84.30 Lowest Floor 967.6 m i\ ` t1 \ .\ ��'� I \ml 1' 1�0 1 a4 AR .•• \\A0 1._1 "53..da oob"� Proposed Addition Elevations ' I 0 /"�O,pFO o /' 978.0 \ ',� „k;,--.,-.6001- l :963.59 /y Proposed Garage Floor �1 �, . ;,6° N \ 1 , \ \ 1$ co ( Ilb I \ 979.6 o \9e2 10 Y ti 1 GO9`�. e N r / 6� \ ` tV \ o ° P� s'� Goo/ N\ !/ CO- 1 cl i o? ,P .,y '0�1 / Shared ? \ mh� ti` 20 sq ti�►/ Drive Approximate 10< r '/ ,/ .'-9 Bluff line /�c. `„ ipc)C 1, / �6 (from 2013 ! a, \ _,) J.k. `' Co "� \ `' / ` \ survey) o y , ,' I B' nci �`�. •„o , ••• / @ 950.51 i)/ I l� 9015.0 /4/ .2 N 1 A I / / // /.*(� /r--- t o '`-r, n, i /, )/ i ,/ \ - erg-. / -O- 9ey 1 1 /i //' i ' / ', N / .. No. 4725 l / i/ /1 i'�%�/tM // cp 1 ii ' / N �, „t^,/,' ,/ / )_” 1 \ 4 �. /�. eco _ °r / "•,.. s -0. \ ,; \99' \ .`1111,, / .\ 1 \ i I�� \` .\. ‘. \`,A% wood r Wall a ^�' ..‘.\ 1 1 ,,1,s_ \ \/ N..,.. - d � %,_\ 4,.,,\._,„_,\ ,‘,.,,,,,,,, \ \‘‘,, s, UHardcover 414,=af + - 0 ! r;`\ \ `,_ X o� . so Lot area = l 1,752 sq ft+T. \ 9�,\\ Concrete areas = 624 sq ft+a�Q ��� 1 s�6 LR: 1,592 sq R+ 'z'aa* . \.‘,,�. \,''.9•5:::-- PROP.ADD/TION 288 sq k± d¢ -2., 4 'i `i \`-4<,.--,--.9.„.s:, <,. ,9 a�, PROP.DRIVE = 2 16 sq ft` '9"'6`9r o 'c----Pi', o / " ' Deck @ house = 173 sq ft+ L' rF 2 ` -,;,,'''......e ' 9z Deck @ lake = 165 sq ft+ Qo `>yc ro/`\ `,;9 , Pavers and Steps = 760 sq fta` 2 e�`u 9 Boulder Walls = 302 sq ft+ 7 1ti 932'- hire Place = 24 sq ft+ unpermitted `l`o - . Egresswell Wall = 9 s fta" deck-extending ij `�� unpertnitted paved Total = onto City ROW , walkway Percentage = d 1 ' LEGAL DESCRIPTION: Lot 6,and the northwesterly 10.00 feet of lot 5,Block 5,BERQUIST& Benchmark:Top Rim of City of Mound Manhole WICKLUND'S PARK,and that part of Lake Street(to be vacated)lying Elevation=971.67 between the southwesterly extensions of the northwesterly line of said Lot 6 and the southeasterly line of the northwesterly 10.00 of said Lot 5. Hennepin County,Minnesota Project No.82019B Scale: 1"=20' I certify that this survey,plan,or report was prepared by me or under my Drawn By direct supervision and that I am a duly Licensed Land Surveyor under F.B.No. certraj f•; the laws of the State of Minnesota Address: 4731 North Shore Drive Surveyed this 5th day of May 2020. Orono,MN DEMIRC rev LAND SURVEYING B ENGINEERING Signed 4/ I/? 7601 73rd Avenue North (76315603093 ' J� Minneapolis.Minnesota 55428 Demarolnc.00rn ' Greg. Pre/eh,Minn.Reg.N.24992 I I I Iw1 1I Iwai I 'a��. s:p 00 Ol aI ao m x ro nw x 0 c rD Ir` 4731 North Shore Drive,Orono, MN A101Garage Addition S buan bream ffomes LLC 1/4"Floor Plan 2020-04-20 1.0 Main Level Floor Plan L, ,a I Z �:ro o f 00 J as O 4e, „, .. 4731 North Shore Drive,Orono,MN A201 Suburban Garage Addition =F ,x.„ Dream .fomes LLC 1/4"Floor Plan v-b 2020-04-20 1.0 Main Level Floor Plan PROPOSED (I I 1 , I' l la II AII III' II I U II I I III 011, \ I II \ I L I i IIII II l I 1 I I ' I I II III I 111,.i �� �, 1i ,fig b' M ":` i I I I 11, "& 1,411 Ssi,; l; 11 -la 11' ',7,14egfil i e,t_-..t2.f% ��I I+I+nI�II1 1 priumw, l is '. -\ Iil l 11Q � bp{�6 l.� I„ll,flllllll , gab . . ❑❑d tlrK �;F11 I ri " a <rr .i iitg ❑ 1 0 � unge ❑ 99 CtlAttlVtbd i Q kw g** I 4731 North Shore Drive,Orono,MN ma A401 Garage Addition ! burban _.„. _p _ bream fomes LLc 1'Floor Plan =,il: 2020-04-21 1.0 Elevations y;F ,, ,„ I ,ors . l' . •' ' ,, ,, , ,,, .. - ._ 1 1 HI, 1:: ,':,. : '- : : ' '• :-;:-,. . 1 '11! : •- - : 1 r ' , , ::I'1:i . r . 1 1 ''11 1 ,:1 , 1 I: . , .. ' 1 11: •• '11 11. : :II: . : : : - .: . 11 1:1111t;711i.i1A-1-111gf11111411•11141 :1'1:111-11: 1: \1-11-11.:34Zi1i11111*;1111-1. j'11 1 1111' 11' \ ailli1ifilit— r, . 1. , 1 ...., . 1 , 1.,H ....._ r = H HI i i 1 H il h 1 .,•• raolretergi,§% i !:1 : ,__, 1-1.':01:111,171k1e111,tYM 1': 1: 1 - ."'-'• 1 . , 1 1 , , 11 1 1111 1 11 1 114%.F,1',i11:11101111N 1' 1'1 11 HD I I -i-11111t,1,- .1e-,--111,1- \ lgr-1:4Q111:411,1,!, un:11,IIIIII:: '14 FOVa a:Kiglilk' = 2#: ---\1 1 III ktAR1111:41intel!kii : '' ZW4i'i'WOttt'-' 1 - 111:440iiniaL4 El -41,?P•t",,i,Sts — ttqif-A1 El 1 . El ti,yroJrzic:....ilpi,: Ill 0 --_/- 4731 North Shore Drive,Orono, MN A401B Suburban Garage Addition Dream .7-Tomes GLC r Floor Plan ,1.36 2020-04-21 1.0 Elevations ,—, v0,-, 4oNo Hardcover Calculation Worksheet Property Address: 4731 North Shore Drive 2�t�'rESHOFF'` Prepared by: Date: Demarc Land Surveying & Engineering 5-5-2020 Stormwater Quality Overlay District Tier: (Circle one) 0 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A S.F. B Concrete steps and driveway irregular,see survey 624 S.F. C Residence irregular,see survey 1592 S.F. D Deck at House irregular,see survey 173 S.F. E Deck at Lake 16.5'x 10' 165 S.F. F Pavers and Steps irregular,see survey 760 S.F. G Boulder Walls irregular,see survey 441 S.F. H Fire Place 4'x 6' 24 S.F. Egress well Wall 1'x 9' 9 S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover i 3788 S.F. Excludable Hardcover(See City code Sec 78-1684): Retaining wall not within 75'of Lake irregular,see survey 139 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 3649 S.F. (4) Total Lot Area 11752 S.F. Proposed Hardcover Percentage [(3)_(4)] 31.05 (Proposed Hardcover next page) Last Updated: January 2020 Note: This is an information sheet only, every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 8 of 9 haracover uaicuiation worKsneet Property Address: 4731 North Shore Drive 474-15Hoo• Prepared by: Date: Demarc Land Surveying & Engineering 5-5-2020 Stormwater Quality Overlay District Tier: (Circle one) cro Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or survey (must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A Concrete steps and driveway irregular,see survey 624 S.F. B Residence irregular,see survey 1592 S.F. C Proposed Addition 12'x24' 288 S.F. D Proposed Driveway 10 x 21 +- 216 S.F. E Deck at House irregular,see survey 173 S.F. F Deck at Lake 16.5'x 10' 165 S.F. G Pavers and Steps irregular, see survey 760 S.F. M Boulder Walls irregular, see survey 441 S.F. Fire Place 4'x 6' 24 S.F. Egress well Wall 1'x 9' 9 S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 4292 S.F. Excludable Hardcover(See City Code Sec 78-1684): Retaining wall not within 75'of Lake irregular.see survey 139 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 4153 S.F. (4) Total Lot Area 11752 S.F. Proposed Hardcover Percentage [(3)=(4)] 35.34 Last Updated: January 2020 Note: This is an information sheet only,every effort has been made to insure the accuracy of the information contained herein;however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. • - Subject Property .. �: ' ' ' 4010,- . --v- ,%.. - { ./ .. f r..' 6,„ ,v. . . r�� i ;,,r, rr r 9 y I ^.� ?d, E r,k ''• / �i ,' , ,',...'-`,1". s.',02' of F 'h I '"f:..7. a,� k. x • 3 4 i a ,3 C : \.4i;, ?! i .- — £ a.' `•,di.- s'' l 1' I hx ,; c r` u a rte_ .r, o 41, i. .''V ji '1,t,. '''''''''''''.1 '. . . . - . ,f. .,'-. .: -,.- ' Zt Q H o ^E to C) t � Q CO d s u. Mound,Minnesota ., r n — . x •M .- 1 h Applicants' "- ;„'_ : ''' Home , :, t: h u ' , • sa 1 ... fr ,�w"^.:� . I 4 4731N ” SAS Goole . En ra Facing West Mound,Minneaate Fc• t '. 01013...„K..t.., :a Google reef Yew • m • ii .. 1.,,,,,,, 815 4 s ♦ c ti; rt �� a r� �,. i ' t � � tAbd 4. vp w - ! h �<.1 -- A 4731 N ��� 8 min drl _4/ ,— -= -;„11 ,..,.....- .�'.++. �Q �...,.-._` ff { Google } Facing East Driveway Entrance Applicants' Home Shared Exhibit A _ . . The Gregory Group INVOICE NO. 80653 d.b.a. F.B.NO. 1064-12 LOT SURVEYS COMPANY,INC. SCALE:1"= 20' Established in 1962 LAND SURVEYORS • t»rrani�^► REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 0 Denotes bon you o.fl 7601 73rd Awmm North (163)560.3093 O Denotes Woad Huh Set for onumod m. Minneapolis,Minnesota 54423 Fax No.560.3522 'arty Surveyors Certificate °°°° °�°�' °° ° A7D.D Os Proposed Ovation Basis for 13SProposed Site Plan For: N. ,. Denotes Surface DiabaseIIF- ‘,..„,,S. is COLSON CUSTOM HOMES P � Denotes Edstmnt g Coours assumed Pel\ '�.......Denotes Proposed Contours P op.ty located in Section • 7,Township 116,Range 23, \ � •.: Hennepin County,Minnesota \ 1 VP \ as ed \ 1 1 \ 984 67 , 1- Property Addte 4731 Wirth th Shore Overhand Win. 1�\ '9`e, __ Benchmark:Top Rim of City of Mond Maufiola p392 \\\ 11 L,-24 D �4� Com _, �pn Elevation-971.67 \ \ m R=15 00 \4. \\ u o; g 25'24.,-\ , `.:.0^ NOTE P,oposed males me=dad to remits of mg terGt '\ 1 in It •989.1 �. -,.•bd or,8.�•.4� Proposed burkens hdwmanut mea be derailed eth \ c 79.�7t t `. ...,,,,,>. 984.46.:: plan berme excavation 006 mer600betapproved Wading plan and �° `\ m I, \ �rs . Proposed grades sham m this survey de • i 1/ I 7e treerpofmlo,ndpropseed.,acacia.,from the \ I I 4` 4'6... , '�,e .... &Mow,gondol;mNmtlevelawretd plant \1 984..94 NOTE The rebffarwltphmvaen Reposed floor I I _ \ 1 ``�\ 6 y elmaere to be waffled 6y builder. I I 1 \ \ \ Ry 34p' 977.3 ° 9e4 61 Proposed Top of min akolwe=Ps /t .1 r\ )1-'o I \\\N 0‘,..11.� �6 `•• .2 978.3 pmweedTop ofBlock mhouse entry m \i \ \ N. P' 4.1? :982.6 N` 977.0tail P,opmnd Osage Hear I �� le I \\ \?yO.` N, e\� ' 967.6 Prefxr el Lowest Floor pusmnad a loser Ip rage) 11 / \ _ 4`. ! \e Tyse of Bulldog Fell Basement Walkout a' I t 1l `\ • 978.5 t '\ li I I l\ ,` • \ `'-` 606 N. \ 1 1/% 1 \\\� . e, 6 N 1 m 1 1 t L� \ n \\ • % (�` 1\ a p0 � 1 \` 1 \ s // 1/ \ s O' f \ \\.„.": 41t#:.Proposed \ 1\ `ya 1 3 ti;- �0 4 es Residence ` /J_/' . • •a• 4u \\ \I 00 p. fl3 +` . \\ ,.. �- 976.8 \ �6 I 1 I I TR\ Ra �0` 19\ 975.5\ •• JC\ 1\5. I � • e'pBwlipor� `sN I , I Bluff11 J��r�/ •:: •''91).*a 9',�{)•9'� • -a y 99' A. \ , __, I\ I I 200 foo 77.9 ```__ 9� ''9GS,9 t door aril / / _ ` y/ 576.6 I 1/ //, -- I i 1 Y /967. O! 4 ///Ill/ / //I 1 r' aa�ye aa;r zo13*^7 / �`�'\ •� 967.1 t No. 4725 / I 1 v \ t //6.4" p l�I / I I I , t/ .,i I I mm IR \- ,5rd / 01, / /.I I I g ,\ , tae \ dm-sa / / \ m 1\ \ n; �4 :� 966.5 ' 967.2 ,/1 94.2 1 ► \ \ �` 1\ 1 h '\ 's 96" ////I \` Sy0 ",..:•/:t('• `\` `. ,. &K,(64.4(\� .- Wad ell C I/ 1......‘ ```'y `.y sem. Ito:. ,\` ` \• ' . • /... , \ 9 6. Proposed hardcover >\,s,•_,' 6' `',` 4,V' ` �%` `. . '' . .,r15.7 Lot arra 11,752 se,ft± ��%,99$•' <'r� �`• ..e-40*.� �' .gra. •, `. Hlnld,ng = 1,592 sq ft ' `7',,,,9k,„`'.41, , a.. . I- �`. ` , '.. >. `, `.,p6`3 Existing Dnveway = 255 sq ft \Q` i9 `�' `.`'�`Y `'S-• 1sN •`.� •• Stairway to Lake = 2ICsgft ���`j ��` `� `' • \ Stoop 4 Walk 42 sq k '.1� I• ' , `;1A` `` `rte``` 0h Deck 167 sq ft `•`,e' v .•. ` ' -s�`.,`• - 0 0 Optional Pato 150 sq ft V: , `\`.rc, •`. ` '�i.9'. `'� Larlvls'-pe 4 Walls l5 sq ft .`: O • �,� Oti.y *.b-� `LFtiA`\ Egress Window Wall = 9 sq ft C. 6Zo., .`.�Q . `. Total 2,955 sq ft .. J\<zt...r ry$r„-` Percentage = 24.55% A N �2c ....- •`:�` K•:. Lot 6,end the northwesterly 10.00 feet of lot 5,Block 5, +'.....,...,...7,110,4Q�4 991.6 o� 927.6 `-,.-,-.7.*,, �sr BERQUIST&WICKLUND'S PARK,and that part of Lake F *•. Street(to be vacated)lying between the southwesterly c"' extensions of the northwesterly line of said Lot 6 and the The only memento shown ars from Pieta or record or Information southeasterly line of the northwesterly 10.00 of said Lot 5. provided by client Hennepin County,Minnesota I mNy that this plan,specification,or report was prepared by me or under my direct supervision and that I am a duly Licensed Ian Surveyor under Pm laws of the State of MinnesotaSu012. / ////�) /////7 .„ 10-yed t2- 2 11th daydof October sew calculations10.22-12hardroverOmen BY 9. 11,..nen 10-23-12 House Location and Grades yard 4.4Ir 11-29-12 hardcover revisions Ftle Nab 1-18-13 Bluff zone.2-1-13 deck.,patio bwp6-5ib108412hw80653dws °+m8ay S • Res Ne.T4992 1777 r' l v ' 5i G-v _. ✓ t v 2.--.-- Doc No A09938685 Certified, filed and/or recorded on 4/12/13 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 957359M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. .4JD ( O ` O CITY of ORONO ,`', t A �, RESOLUTION OF THE CITY COUNCIL S���St''I ,�`� NO. 6 2 a 6 1.41Cslidem A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-330 AND 78-1279 FILE NO. 12-3582 WHEREAS, BWB Holdings, LLC, a Minnesota Limited Liability Company, (hereinafter "Owner") is the owner of the property located at 4731 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: Lot 6, and the northwesterly 10.00 feet of Lot 5, Block 5, Bergquist & Wicklund's Park, and that part of vacated Lake Street lying between the southwesterly extensions of the northwesterly line of said Lot 6 and the southeasterly line of the northwesterly 10.00 feet of said Lot 5, Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS, Colson Custom Homes, LLC, a Minnesota Limited Liability Company, (hereinafter the "Developer") has an interest in the Property; and WHEREAS, the Developer has made application to the City for variances to Orono Code Section 78-330 to allow construction of a new residence on a lot with an area of 11,752 feet (0.26 acres) and a defined width of approximately 60 feet where 43,560 square feet (1.0 acre) and 140 feet of width are normally required; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(2) to allow construction of a new residence 12 feet from the top of bluff where a 30 foot setback is normally required; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(2) to allow construction of an elevated deck 2 feet from the top of bluff where a 30 foot setback is normally required; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(3) to allow the proposed home to encroach 10 feet into the 20 foot bluff impact zone; and WHEREAS, the Developer has made application to the City for a variance to Orono Code Section 78-1279(3) to allow the proposed elevated deck to encroach entirely within the 20 foot bluff impact zone; and WHEREAS, the Developer has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow a 10-foot side street setback for the home from the adjacent unimproved alley right-of-way and a 10-foot setback from said Page 1 of 6 • 4 , O CITY of ORONO - ;?- ; ,. RESOLUTION OF THE CITY COUNCIL 1r. G~NO. 0 alley for a lake side deck where a 35-foot setback from the alley is normally required in conjunction with the construction of a new residence; and WHEREAS, in order to accommodate the proposed house location the grading of a swale is proposed on the bluff, down slope from the top of bluff in order to manage the stormwater on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 22, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3582. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearings held on January 22 and February 19, 2013 and recommended approval of the variances based on the following findings: a. The Property contains 11,752 square feet (0.26 acre) in area and has 60 feet in width at the OHWL and 60 feet in width at the 75-foot lake setback. b. Sanitary sewer is available. c. There is no additional land available to bring the lot area or lot width into conformity. d. Similar variances were granted by the City of Orono in 2006 by Resolution No. 5553 in conjunction with a lot line rearrangement application. Those variance approvals have since expired. e. With the exception of a greater setback variance request for a 10-foot setback from the alley (13-foot setback was granted in 2006), the Developer's Page 2 of 6 . .-0.4- . OO CITY of ORONO I` , *d. �� • ,4 RESOLUTION OF THE CITY COUNCIL C17 kEsSOg' proposal is generally consistent with the plans as approved by Resolution No. 5553. f. At 24.6% of the gross lot area the proposal conforms to the hardcover limitations for a Tier 1 lot. g. The topography, the adjacent undeveloped alley, the shared access and shape of the Property create practical difficulties in locating the home in a conforming location. h. The Planning Commission recommended the patio and deck location be revised to be consistent with the 2006 approvals. i. Newly revised topographic information for the Property results in the top of bluff location depicted further up the slope than was shown in 2006. The Planning Commission's recommendations regarding the deck and patio were based on the 2006 approval and the top of bluff as identified in 2006. The revised plan submitted by the Developer meets the Planning Commission's recommendation but does result in greater encroachments of the bluff and bluff impact zone with structure and grading. j. The Developer's request will alleviate practical difficulties inherent to the Property and not created by the Developer. k. The Developer's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. I. The Developer's request is in harmony with the purpose and intent of the ordinance. m. The Developer has demonstrated that enforcing the side, street setbacks; lot area and lot width; and bluff setback provisions of the Zoning Ordinance deprive the Developer of the reasonable use of the Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Developer and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting Page 3 of 6 01;°40 CITY of ORONO r� AA* , ` .. tiRESOLUTION OF THE CITY COUNCIL �' c_iti NO. b kESHOg' the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Developer, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants the following: a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence on a lot with an area of 11,752 feet (0.26 acres) and a defined width of approximately 60 feet where 43,560 square feet (1.0 acre) and 140 feet of width are normally required; a variance to Orono Code Section 78-1279(2) to allow construction of a new residence 12 feet from the top of bluff where a 30 foot setback is normally required; a variance to Orono Code Section 78-1279(2) to allow construction of an elevated deck 2 feet from the top of bluff where a 30 foot setback is normally required; a variance to Orono Code Section 78-1279(3) to allow the proposed home to encroach 10 feet into the 20 foot bluff impact zone; a variance to Orono Code Section 78-1279(3) to allow the proposed elevated deck to encroach entirely within the 20 foot bluff impact zone; and a variance to Orono Municipal Zoning Code Section 78-330 to allow a 10-foot side street setback for the home from the adjacent unimproved alley right-of-way and a 10-foot setback from said alley for a lake side deck where a 35-foot setback from the alley is normally required in conjunction with the construction of a residence in conjunction with the construction of a new home, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Developer and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover shall not increase above the allowed level of 2,938 square feet (25%) for this Tier 1 property. 3. The Developer will provide an analysis of the vegetative stability of the bluff performed by a qualified third party, and agrees to comply with recommended vegetative bluff stabilization measures as necessary prior to the issuance of the Certificate of Occupancy. 4. The site grading must not extend past the limits indentified on the approved grading plan, attached as Exhibit A. Page 4 of 6 O , O CITY of ORONO A S '`'; ;% �� ,%, RESOLUTION OF THE CITY COUNCIL v$1 T'`r,l A., G~ NO `" 'kESH.(0' 5. The Developer's building permit survey and plans shall address any outstanding comments and recommendations of the City Engineer. 6. The home plans submitted are for the purpose of hardcover and setback review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. The deck will be constructed using helical screw footings or other minimally invasive method as approved by the Building Official to avoid disturbance of the area closest to the top of the bluff. 7. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (February 25, 2014). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned Owner and Developer have read, understand and hereby agree to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 25° day of February, 2013. ATTEST: L- o - i/ice. ,- .Rachel Dodge, City Clerk Lili Tod McMillan, Mayor r 11y + . JJ'�1f�g.'a7 { l . ", ) l'', 'iij yy I1 I t:• CO''::;,41:-...; ,f2', '-f..;,,,,:J ;7�S Page 5 of 6 0 O CITY of ORONO +a ;��'�� RESOLUTION OF THE CITY COUNCIL 4kEsHOg' Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN Ttais instrument was acknowledged before me this day of rnOcch 2013 by 3teccc 4Nek\ ec-� , its ao? , on behalf of the Owner. ota , > is JOHN B HAERTZEN ' r.'b Notary Public r.:.s . State of Minnesota 447 My Commission Expires January31, 201 7 Deva. o•-r STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2- day of Apr( L. 2013 by ROdfiej °/S o-rt , its Vice Pres i d em on behalf of the Developer. 2 /sma cf,..cs-1-024 ckierritg.1LL,G Notary Public BARBARA G.SILUS NOTARY PUBLIC•MINNESOTA .-4)1B4`-' My Commission ExpiresJan 31,2018 Page 6 of 6 Exhibit A _ . The Gregory Group INVOICE NO. 80653 d.b.a. F.B.NO. 1064-12 LOT SURVEYS COMPANY,INC. SCALE:1"= 20' Established in 1962 LAND SURVEYORS • oar f ba^Monument REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 0 Denim Iron Unsound 760173rd Avenue Nen* (761)5603093 O Denotes Wood NW Set for M{mwapelts,Mrmresna 55420 Faa Na.5603512 excavation onlySurveyors Certificate x000.0 Dorados Beating Swam 00C(.73)Denotes Proposed Elevation Proposed Site Plan For: Catenege Basis for �. bearings is COLSON CUSTOM HOMES .Denotes Existing Contours lassumed role 5 "'N....4 Denotes Proposed Contours Property located in Section 7,Township 116,Range 23, ` 1 N,\ Heemepin County,Minnesota \ 1I 984.67 r \ 1 1 1 • V Property Address 4731 North Shore Drive °rnrhosd ninea _ O Orono.Mienxsofe t i 111 tL.240 Olk. .. _ ,. ,� Benchmark:Top Rim of City ofMmmdManhole 0342 I\ 1 1 100 � On Elevation..471.67 \ 1 ^ R-15/ ` •_` ... Coo \ 1 m g 25'24 \ `-4s . NOTE Proposed grades we added to results et sce teats.Proposed bo8dbp hdmrredmr mod here Uec#d war ,\ \1 �y Il�7t e / 1 999.1 ,-'*d 4. 's)'.L� Maaproved listlettng plan end development n r berme eacavetlm end metrWlat or g�'g \\\ 't -( t\ '. tis \ 989 46 .. Proposed grades shown m as meow are I 'SV 1 �•� 7e ... Interpolations of proposed contours from the \ ,ser I 1 ''`,bop .....- Watrarge,grading oWorde,elopnsa pineu. \J o1 ! '�C\ 2s, '989..94..;_.:...... NOTE The relaSoed0p beeveen Rupmd floor I / I .`� elevations robeue,5ad by Bader. 1 Y 977.3 1 0 /1 Il �\ I \\\1�% \\\ Wel .0 . 984 6/ Proposed Top of Block mouse ebb louse walla 11 N 1\ y"'`r?o . ' \\� O\fie.\ 0 :� •;_\ 2. 978.3 Pmweed Top d Block m hese artily I \t \ \ N .0. "4:1;07- `.982.6 . 977.0 Proposedtimaes floes 1 It. • I I\ \26,8. \s' �e\•. 967.6 ProprmedLowed Pear gusaremabaerswage) // "\ 1 .i \ \ ,/ .e `•• • Ful Basement Walkout / m 1 of&aim 4 11 \\ \`,� 978.5 6 6 - ' V 1 ) df I \ o° N \ ^ l..- I 1i/' ( 11 `..,per . a-.cr NN a, Pan(/ \ \ `\,>tt:7 8I <9 r P �.° / a h \\ 1 ya {o s Residence \ J_/ .I� \\ \5.00 f 5�9 ':. 9 � \`\ C R ' • 970.8 `((0 I\ \ e0o t I I i rw \,p I u 1 •• \ 1 r0' 1 II * . 6b 'p. . 975.5\ • .0 • • (\\ \I G' 1 I TSS ,ra" ,�i ` 9\ , •�. J 1 1 90AIIne 1 b N ; \ , I ss.�:! 969.•� s ? a� ' yaaye dao' \ \ I ..% o 9729 \ �\ / : 11 I I\ torli p�o " ".... ) doo978.r 5 /i. %/'� / 1 V / r 4 ,/ /i ,/.' _B akkay 8svwom.ar 6,e - / 967.2^OPfoce 907.1 No. 4725 / ////i //I I f' 1 0 2OBruH sorb d: q�pfr 1 1 /1 j l I I ,� \ r / �!/ i / III/I I N to I / , / \0 1 // I l 1 mor of 1,- s� (% 1 I Ims door Wi / / ///\ 1 m 1\\\ 5 11 Ii / �• 80 ) 960.5 967.2 / / 2 I` y •\\`\ff\u\ 1\t 1 y `\ '- 98.1. C1 /, ♦ '9"o ..\\.;..1".:'''C., \ o. . 13aC9\64.$(\( - _Wad Tr Was : ` \ /`. �a \ \ f t, `.a? '..,:d8''\ s4�,\ . . . N. as . dA „\, �><�\ r� ,`I 966. Proposed Hardcover .v sig \ �/`.' • • `. 7W Lot arra = 11,752 sq ht \ n,r, 'v+. \\�• N. .t3 .♦ w% t`. \\ .'-"65.7 umldr = 1.592 ft '. ' \"���`sa.. \• til; CC'6"1.,\ .,(i`. ', .`92 3 Existing Driveway = _ 255 sq ft \\r..No N ` ` `,6q �.\ 0. \ Proposed Dr sway = ' 4.59 sq ft \\\ to Lam.Q .` p't \ 7.\.`.,/ \` _ \, � ��.�♦ /\ ,\. Stairway to Lake 216 s i h � \ ,1.\\` `` \ Stoop 4 Walk = 42 sq ft \\`Ta �`. N. ".•'',.•\ .\`, `s..`. \`` - stir Deck = 167sgft p�..31%4c, .\\ . Opdorul Patio = 150 sq ft V \\`.r5' .,\- '94"„\ ,14) Landscape*Walls 15 sq ft d,1[ %yy:". *- -, `.`.r.,\ `. Egress Window Wall = 9 sq ft Cs °1v, \\`QA ' "-, `. Total 2,855 sq ft c4 `.\� ,7a.9� , Percentage 24.55% '''W.4,,..411V, • Cvi voter�.�rQa ;- '+ Lot 6,and the northwesterly 10.00 feet of lot 5,Block 5, 22mtm ♦7►Q may.► 930.0 C. 927.8 :`�,rBERQUIST&WICKLUND'S PARK,and that part of Lake ,F �� Street(to be vacated)Iying between the southwesterly Q' extensions of the northwesterly line of said Lot 6 and the The only easements shown we horn plata of record or bdor aton southeasterly line of the northwesterly 10.00 of said Lot 5. moulded by dint Hennepin County,Minnesota I certify that Ns plan.specification,or report was prepared by me or under my deed supervision end that I am a duly Licensed tend Surveyor under the Iowa of the Seats of Mleneeate i h,t,Surveyed t211U rdc of Or l 2012. //�� Rev 10-22-12 hardcover calculations Drew ay 9. ,[4w,een 10-23-12 House Location and Grades4 i 11-29-12 hardcover revisions wn Nene s �gg�� 1-18-13 Bluff zone.2-1-13 deck,patio b ip-6-5001084126rv80653.dwg Greedy tm.Reg.No.74932 Ti""'m"�°" I r ':— 0TI SHWOH WOISf10 NOS'I00 H a's@1"i I iNo_ NDlS30 4 DNINNVId Cj 62,9 „® .,.. 'd'd'0 �ca.s01.10.1.1i62 o Resolution Exhibit B t J. 11r41 J. 141 .. I ii11s 4 $, i9 II l I r1f �;I11.poy,11. I.1.�' T N•i.I1.. I 8 - 1 op zi , 1 I, ®i1 i 1 al 11l .1/;_-_—,c 1.011,1 omit I i , i Di LI—it e b ! .'�;II. 11111=1 i.imaa .9. e�. 1--,t q II�A� I I _II 'I��I���VIII B Li :1�a"� �otattil = I ii �f r i111 11111 ll *S II■ ...1L. . 11 I, 1 lull insillim Au!' IIIIIIIII _ I 1 ��1��'�m��!] fi. IIIIIIIII �'I_�111. I n1. �raeais:ri. $ II gyp' �_ ! s o fil 47,1 �Seo��a��au > i1 W i W s( � _I °T 1 I __-i. _ wp ti 1 I 1 I el` 1 ' Li b 1 1 ( ! °, :, w 1 ' f�� �) T 1" L !� ;1,...L, ' _,1 I Ill ......--_. IIIIIIIIIII ; \ii I1 �Ili - ! '""1 # I ■I L I i L _M 1 i , III I� r i a d 11 =, ( LJ ill T t_ a ___ ( li II •I d'1 a tu: 1 :::::, L�rL y�;:111-1 , pp '' if 1"-- r ! i _-- , ?\JI : i I ' I 1 gt ..wy...v .W.id na an.oam®Duan a:l II I Ii3IIII; tJE)( 0 Q OMAMtlId '��'!� AN 1110/.07 xnanosurn..m dd.° Maowrern.+n mse .' Nt t. r - 1), t 11 i 11 iti IT: .41 II Ili .144 14 04 } mµ R A . 1 & t pi ' °�" iii �� l .'t sRll H" ti:t al :IhLL iI t :ii 4 ill --gig z p 2 $ •I 4 GAtill { �4�__a_--J_-:---_r_.i e L.9 ag t4likW74\' lir Mr c� `moi I II ! t—. __—11 g`�,y z gig ! $ rl� il' =r .41 2 0 ,AB - 11-i 4 ea z ��. .. ,., H FM M NI IJ. • no N ..F IY OM Ii= M I , billeyyygx 11 r----'YL_ ��� 8 � A 4 lid II k S 7 IP 1 P @ 8 K b b 1kuituirmi a — -- II I �. E� 1 Y r amass I C abs h 1 r--- --I p L_--11 bh{ 1 Q 41 PI ii il I t / / itt Ee SAF hia 4� no itd l;I-1 E1 h y a I ;ay Yt —.....oe ji I,.. ....... t ii;i abs el 1 b$: il 1 t'''',i i 4„r,— _,.——. a .....t..,_ .,., • n i $ �g 1it01 hi E t SI 1 l Z` I. Lei I. 9 __ _ __ �� — _—_..,---Y—= _ �-- 1;314_ x —' .II 2 II 44 t ' I 3 j r,' 0 O z lob$,1 Z t .ym�® • -_."• Pi c in I - —IL by i 5d IN 1 1:1g I tE r ■ I6y1 ,D`g z 1 1 1 1. .y 0 it it L ''u. 1.71/1.1110.02 N0183(1 4 ONWNVId (� �� ., ®` n i lig N Nu N M N N + N N N .,. leEA ..: ;!PIS II Ak. w.... - fi WI . ,, „,.1 Il 1 f ,17, 10 NIP ' MN ........., rIll III 1 �.X oZ /m .. N —N . ^ „ �nH \\I�_. oay�opae_. � � 7. Imo. ifa, „,,,.. C . 4, 1 ' ' 'wiil: ii-7‘': - __LZ!:••••••••"1 Iris , 11 1 lam =L.4y\1,\r i._._WIIi..fr4.=21"07.4fi— l=ti.i"".nl1.r.l%,e•,„,... im1l1L111i1l1l1 , *111 1 ''' I 'i4 1111111 oma] .., imI NM I 41'!:1111:1811111111 ri N N N N N N M N N /I. 111W1 7A1 — = ...1 .o .IS SPA ._ � ,di #."INMJ ' —'1-1 Nip wA i i . �—.__,,vitly 1 litic__<>, Argillohl, 1..... _a, iiiirirra ONO liest i iii oII li pi pag111 immiiFr 0 'iij 1 1 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 11, 2013 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Assistant and the Corporate seal of the City this !9.. day of , 2013. Mo A Fadness, Admin Assistant • seal 4�'� City of Orono • yyh M� Hennepin Hennepin County Locate & Notify Map Date:4/22/2020 1155 1175 r :..> �t!, ,.. 4740 ' 1181 4765 ''^. 473 0 a-. 4720 • C ia 4753 461:+0 m ' 07) 122 t1 � 4755 `~ Si f21 It 98151 01 4: # �' sNI*4tiSiipt 4801 411'7'45 74o1 , i } 473 12 of1'� 4.,45 (°) , 1111,1111 IiQ `x 4775 4P85 465-, Nei, az fs+ 1„64.1 4755 / :,-,,,,A.,., 047°',*At r A iLL ,;, ' 475 -14116, 3 ,° 4745 46801 ' , 'r' -xx�- ,. ..25 it 5:44* � '`L ra kIli 135.1, S. ld -; a $ 4725 mo I ' iftlij4 , , e., 1'4 4705. 11111111111 y t Stck 1 • 1325 15 f21 4685 miiiiie .1 •, :.1 - _ , ,i-, A A . .z V, df. t 1. 3 A-'' � .$ i '' ' I 1365 dia1373 1371 t • "" , av"e„, 1350 xi �L , f 4') 11 1375 '),, � d 13 1385 ,,' .t4 ` iii 'SI 1374 4:1405 I1' 1380 n ' ` ` rr, 86 Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 1 1 1 1 1 1 1 4731 North Shore Drive This data (i) is furnished 'AS IS with no representation as to completeness or accuracy; (i)is fumshedwithnowarranty of any knd; and (ii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shat 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,M inn eapdis,MN 55487/gis.info©hennepin.us RUN DATE:04/22/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 07-117-23 32 0002 38 07-117-23 32 0021 38 07-117-23 32 0056 J HOUTMAN/K J HOUTMAN TRUSTS NAM&THANH PHAM S W HATCHER&C A HATCHER 1340 REST POINT LA 4755 NORTH SHORE DR 4685 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JAMES HESSEL HOUTMAN NAM PHAM STEVEN E&CHERYL HATCHER KRISTINE JOANN HOUTMAN THANH PHAM 4685 NORTH SHORE DR 1340 REST POINT LA 8812 138TH ST W MOUND MN 55364 MOUND MN 55364 SAVAGE MN 55378 38 07-117-23 32 0003 38 07-117-23 32 0022 38 07-117-23 32 0057 E&T CHRISTIANSON BEN A WASSCHER TRUST ETAL KIM G&HONI L MARONDE 4725 TONKAVIEW LA 4775 NORTH SHORE DR 4755 TONKAVIEW LA ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 EARL&TERRY CHRISTIANSON BEN A WASSCHER TRUST KIM G&HONI L MARONDE 4641 TONKA VIEW LANE KATRINA WASSCHER TRUST 4755 TONKAVIEW LA MOUND MN 55364 4775 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0004 38 07-117-23 32 0023 38 07-117-23 32 0058 ALLEN BREDESON&ERICA NOAH CITY OF ORONO A H&T K RASCHER 4735 TONKAVIEW LA 4795 NORTH SHORE DR 4705 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 ALLEN BREDESON CITY OF ORONO ANDREW H&TRACY K RASCHER 4735 TONKAVIEW LA P O BOX 66 P O BOX 166 MOUND MN 55364 CRYSTAL BAY MN 55323 CRYSTAL BAY MN 55323 38 07-117-23 32 0009 38 07-117-23 32 0025 38 07-117-23 32 0059 UNICO PROPERTIES LLC ERICH K BLAUFUSS/E BLAUFUSS MOLLY PORTER/CAMRON PORTER 4736 NORTH SHORE DR 4625 TONKAVIEW LA 4695 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 UNICO PROPERTIES LLC ERICH K BLAUFUSS MOLLY G PORTER 3205 CRYSTAL BAY RD ELIZABETH BLAUFUSS CAMERON J PORTER WAYZATA MN 55391 4625 TONKAVIEW LA 4695 NORTH SHORE DR MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0010 38 07-117-23 32 0026 38 07-117-23 32 0064 RYAN P TURNER J R ABRAHAMSON/D ABRAHAMSON A LICURSI&R LICURSI 4745 TONKAVIEW CT 4629 TONKAVIEW LA 4655 TONKAVIEW LA ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 RYAN P TURNER JAMES R&DAWN ABRAHAMSON ANGELO&RACHEL LICURSI 4745 TONKAVIEW CT 4629 TONKAVIEW LA 4655 TONKAVIEW LA MOUND MN 55364 MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0011 38 07-117-23 32 0027 38 07-117-23 32 0065 J C HARTFIEL&M S HARTFIEL A C SEVERSON&W L SEVERSON C R SCHMIDT&A R SCHMIDT 4749 TONKAVIEW CT 4635 TONKAVIEW LA 4685 TONKAVIEW LA ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 JAMES&MARTHA HARTFIEL ALENA C SEVERSON CHRISTOPHER R SCHMIDT 4749 TONKAVIEW CT WILLIAM L SEVERSON AMANDA R SCHMIDT MOUND MN 55364 4635 TONKAVIEW LA 4685 TONKAVIEW LA MOUND MN 55364 MOUND MN 55364 38 07-117-23 32 0012 38 07-117-23 32 0050 38 07-117-23 32 0066 S A SCHAUER&F E KOUBSKY SUSAN J KRAFT B K ARENDS&T A ARENDS 4751 TONKAVIEW CT 4680 NORTH SHORE DR 4725 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 S A SCHAUER&F E KOUBSKY SUSAN J KRAFT BRADLEY K ARENDS 4751 TONKAVIEW CT 4680 NORTH SHORE DR TEMPEST A ARENDS MOUND MN 55364 ORONO MN 55364 4725 NORTH SHORE DR MOUND MN 55364 38 07-117-23 32 0014 38 07-117-23 32 0052 38 07-117-23 32 0067 LARRY A GREENHAGEN ET AL K J GROVER&S K GROVER M S LOUWERSE&E M KOTTRABA 4739 TONKAVIEW CT 1315 REST POINT LA 4731 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 ORONO MN 55364 L GREENHAGEN&V GREENHAGEN KEVIN J GROVER AND MICHAEL SCOTT LOUWERSE 4739 TONKAVIEW CT SUSAN K GROVER ELISE MARIE KOTTRABA MOUND MN 55364 1315 REST POINT LA 4731 NORTH SHORE DR MINNETRISTA MN 55364 MOUND MN 55364 38 07-117-23 32 0019 38 07-117-23 32 0053 H CRAWFORD&M M CRAWFORD GEORGE T&CANDACE F AHERN 4745 NORTH SHORE DR 1325 REST POINT LA ORONO MN 55364 ORONO MN 55364 HERMAN&MARILYN CRAWFORD GEORGE THOMAS AHERN 4745 NORTH SHORE DR CANDACE F AHERN MOUND MN 55364 1345 REST POINT LA MOUND MN 55364 38 07-117-23 32 0020 38 07-117-23 32 0054 THOMAS J CORNELISSEN ET AL G T AHERN&C F AHERN 4753 NORTH SHORE DR 1345 REST POINT LA ORONO MN 55364 ORONO MN 55364 THOMAS J CORNELISSEN GEORGE T AHERN KAREN PRESTON CANDACE F AHERN 4753 NORTH SHORE DR 1345 REST POINT LA MOUND MN 55364 MOUND MN 55364 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: April 22,2020 Date Application Considered as Complete:IncompleteOf�jO 60-Day Review Period Expires: Incomplete To: Chair Ressler and Planning Commission Members A Dustin Rief, City Administrator �� �4ICEsHo4`ti From: Jeremy Barnhart,AICP Community Development Director Date: May 18, 2020 Subject: #LA20-30,Eric Luth o/b/o Gordon James Construction, 135 Orono Orchard Road,Preliminary Plat Public Hearing Application Summary: The applicant is requesting preliminary plat approval to subdivide the 39.4 acre parcel into 4 buildable lots. A new private road is also proposed. Staff Recommendation: Planning Department Staff recommends approval of the preliminary plat, subject to conditions including engineering and planning comments. Background The project was recently the subject of a sketch plan,LA19-000102,reviewed by the City Council on March 9,2020. That sketch plan proposed 5 buildable lots on the property. The preliminary plat proposal is generally consistent with the sketch plan,with the exception of the number of lots decreasing to the four proposed. The preliminary plat is shown on Exhibit B. Development plans are provided as Exhibit C. The project is part of a transfer of ownership between the YMCA and Gordon James Construction. Proposal The applicant proposes the subdivision of the 39.4 acre parcel into 4 buildable sites and a new private road. Plat improvements will include the road and associated grading, and stormwater management improvements. The house sites are not expected to be graded until the building permits for those lots are issued. Consequently,the building height for those lots will be based on the existing grade, not a new engineered grade. The property is bounded on the northwest and west sides by Long Lake Creek. The Luce line forms the southern boundary, and Orono Orchard road forms a portion of the NE boundary, with the rest of the NE boundary private single family residential. The property includes substantial wetlands, with the buildable portion of the property generally located along high ground in the middle of the site,flanking the existing driveway. Current improvements include the driveway mentioned above that serves an existing single family residence on proposed lot 3. There is an easement running generally parallel to the creek on the west and northwest boundaries, but does cut through a portion of the buildable portion of Lot 4. This easement will remain as is. FILE#LA20-30 May 18,2020 Page 2 of 5 Analysis Conservation Design Plan The applicants have prepared a Conservation Design Plan, dated April 22, 2020, attached as Exhibit F. The Commission should determine that the plan adequately addresses the natural resource management goals, illustrated below: (1) Protection and enhancement of drainage-ways and water quality; The site is bordered on the north by Long Lake Creek. Structure setbacks of 100 feet apply, though a portion of the road falls within this setback, replacing the existing driveway. There are no alternative locations for a road. Stormwater management is important throughout the city of Orono. The plans include a storm water management plan,currently being reviewed. (2) Protection and enhancement of ecological communities; The property includes a large amount of wetlands and steep slopes. These areas are preserved from development. The Commission and Council may wish to discuss the advantages of conservation easements to further project these areas. (3) Reinforcement and establishment of ecological connections throughout the city; The development is based on Orono's rural development principals. (4) Augmentation and preservation of viewsheds including corridor enclosure and buffering; The site is well hidden from Orono Orchard Road,and views from the Luce Line are dominated by the environment(wetlands, trees,etc.). The addition of the homes is not likely to negatively impact the views into the area. (5) Preservation and improvement of views; and The location of the homes and the plat improvements are not expected to negatively impact the view into or out of the property. (6) Preservation or reinterpretation of local landmarks. The plan identifies the Luce Line bridge as the dominate landmark in the area is the Luce Line Bridge,beyond the boundaries of the project. Lot Analysis Worksheet This project is developed to be compatible with the RR-1B zoning district. This district requires 2 acres of dry-buildable land area, and 200 feet of lot width. Gross Buildable area Area (acres) Width(feet) Notes 431.07 on Lot 1 2.11 2.01 53 Outlot A *removing OOR frontage computed at bldg. setback Lot 2 8.21 2.4 143.8 line Measured at Lot 3 16.80 2.05 910.32 tributary edge Lot abutting tributary Measured at Lot 4 11.40 4.59 1400+ tributary edge Lot abutting tributary The dry-buildable for each lot is shown on the attached Exhibit D. The project includes the development of a new private road extending into the property from Orono Orchard Road. This road appears to meet city standards for length,ROW width,and FILE#LA20-30 May 18,2020 Page 3 of 5 pavement width. A homeowners association or maintenance document will be required to provide for the protect aintenance of the road. Utilities The project will not be served by municipal services,including water or sanitary sewer treatment. Stormwater management. The storm water management plan has not been approved by the watershed district or the city engineer,though both are currently reviewing it. The plat will not got to the City Council until the plan has been approved, or received comments by both agencies. At the time of final plat, a stormwater trunk fee will apply. Septic reports. The city requires two septic sites for each lot created in the Rural areas. Two sites have been identified,but have not yet been verified via an official report. The sites appear to meet the setbacks and provide for a house site for each of the lots. Septic sites will need to be protected through construction. Lot coverages Lot coverage standards apply to new lots. Stormwater Quality Overlay District prescribes stormwater quality standards, a maximum amount of hardcover on a given lot. The subject parcel is in Tier 1,due to its proximity to Long Lake Creek. Upon subdivision,each lot will be assigned a Tier. These assignments have not been completed. It is anticipated that lots 1, 3, and 4 will be Tier 1 (25%)and lot 2 may be Tier 2 (30%). Tier assignments will be made as part of the final plat. All lots proposed are greater than 2.0 acres and are exempt from the structural coverage limitation. Parks. The plan does not include any park area. Park dedication will be satisfied by a cash donation for the 3 new lots. Landscaping. The applicant has not yet provided a landscaping plan. The subdivision code does require one shade tree per 40 feet of right of way. Staff recommends the trees be planted in clumps, a more natural effect rather than in a linear pattern. The plan anticipates the removal of two trees for road construction, and potentially 10 more. The plan does not show or identify the trees that would be removed for house, septic, or driveway construction. The trees that are to be removed are already dead, or small, 9 inches (diameter at breast height, DBH). The trees in danger range in size between 12 inches and 45 inches (DBH) and are a mixture of pine, cedar, and fir. The Commission may wish to comment on the tree removal plans for the house, drive, and septic installation. FILE#LA20-30 May 18,2020 Page 4 of 5 The Planning Commission should comment on the following items identified by staff: Lot width,Lot 1. Lot 1 is a corner lot. The front lot line is the one on Orono Orchard Road, which does not provide adequate width at the building setback. However,the lot width on the new road is more than adequate to provide the necessary lot width for the expected home character. Lot width,Lot 2. The lot width for a non lakeshore lot is measured at the"rear of the front yard". In the RR-1B zoning district,that is 50 feet from the property line. The width for lot 2 is computed as 143.8 feet, less than the 200 feet required. While the Council has been flexible with this requirement for cul de sac lots,the Commission should comment. The City Council can grant variances from the subdivision code: the city may approve variances to this chapter so that substantial justice may be done and the public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of this chapter. Sign. The applicants have indicated a desire to place an monument sign at the entrance, though not shown. There is a 100 foot setback from the tributary for buildings/structures, effectively forcing the sign to be located on the south side of the road. An easement and maintenance document will need to be prepared for a sign on private property. Engineer Comments. The city engineer has reviewed the first draft of the project plans. The applicant's response is included in Exhibit G. Staff comments. Staff has prepared initial comments, these comments and the applicant's responses are included in Exhibit H. The proposed subdivision is consistent with the Comprehensive Plan guidance for the property, and is consistent with the zoning code,with the exception of the lot frontage calculations for lots 1 and 2. Public Comments To date,no public comments have been received,though phone calls of interest have. Issues for Consideration 1. Does the Planning Commission feel the project meets the standards of the Conservation Design Plan? 2. Does the Planning Commission have a concern with the formal lot width determination for lots 1 and 2? 3. Does the Planning Commission have comment on a proposed monument sign? 4. Does the commission have any comment regarding the tree removal plans? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the subdivision as proposed, subject to the following conditions: 1. Council support from the strict reading of lot width standards for Lots 1 and 2. 2. MCWD approval of the stormwater management plan. 3. City Engineer comments. FILE#LA20-30 May 18,2020 Page 5 of 5 4. Planning staff comments. 5. Provision of a landscape plan. List of Exhibits Exhibit A. Application summary Exhibit B. Proposed Plat Exhibit C. Plans Exhibit D. Dry Buildable Exhibit Exhibit E. Applicants Narrative Exhibit F. Conservation Design Plan Exhibit G. Engineering Comments and response Exhibit H. Planning Comments and response Exhibit I. Site pictures Exhibit I House style pictures Exhibit K. Mailing information Land Use Application Summary Application Date: 04/22/2020 Address: 135 ORONO ORCHARD RD N LONG LAKE, MN 55356 Parcel Number: 3411823440035 Land Use Number: LA20-000030 Application Submitted Agent on behalf of property owner By: Owner: Name: YMCA OF THE GREATER TWIN Address: CITIES 651 NICOLLET MALL STE 500 MINNEAPOLIS, MN 55402-3198 Applicant: Name: Eric Luth Company: Sambatek Address: 12800 Whitewater Drive Minnetonka, MN 55343 eluth@sambatek.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Orchard Hills 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: -- -- -- - ":4Z I SURVEY NOTES DESCRIPTION - .. e3„�. n2/.atmNonhmete,o.,np.3r�,mnP,,,xo„nA,"Aa=,w.,, Sambatek ��I -� Rb BEARING µ:MEo`eA.:�THE gib,"•:0°A°fo�°°"E:,'SYSTEM, EiorxA+ eeryxann.,axn East line of md quarter quarter Section Ms.nt :a n°W,.".Northeast `v;n. Met thence running 1 :C\ y` • O 2. rIEmWORK WAS COMPLETED ON mn,nom. n'zs Es.e`.tae•s,.oi of570Kt.ao,pomon wwwsambatek.com Y:;OWest line of sal5 opener Section dIstant A.eSection 3.;thence runnlng south 67 degrees avNorth orsc.Southwest No.EswM/.or°s quarter 12&g RNbwatr DM.&Me 300 Ct7 V4155‘,4,"'Q 'a,G I Seddon wmeMlq MN 65343 \ �O .� b4 is ol�Me'Subdivision Ms.1 of lot No.3: ''.n deserted follows:��. 763.4761010 blear. ORONO ORCHARD W 4,,p4'/, � I ithe on ree,PS minutes horn tare East Itne of said thence follow...the cent....the bed.Section, nwnwerN Mm MMus Late near r,Nb.nm lsagay IFla.*I Elxemlmw ROAD NORTH q •-_,p `/ 4uc u Lake centerline en.4 1st, in °a`x Northeasterly namt '�°';• �`t':\� - ,„.N w.v.a.wwQ - II \ S`,.ene"� trditrth a ncsaid Client NE OMER 374 M1/4363,,/. • +;..yrRH,t. SW COWIN,i.g�` NM]ilelS \ \ te""po;';'1"w;eetNa;.East to"hee``oN'M"" `"Section,a�nm'a":thence.n'thence GORDON 1C% � •\I 1,.-14139-24.41'W 559'24'41•E or • ,05 ___ 24 feel that pan urn.west 2w feet al e.south«at exaner n me southwest aaane, b \ \ -24.b0 24.00.4 - -ao0 wsua0sem \ is.,/.af3W.,/,for,erns"Thin,.,(35ITaw,ahlo OneNw.r.Ewhtemf,,,l.aange JAMES �'Sf'34•E J74.00 500.00'28'E 410.54 ee1231.Nine Noon of me Soon711.e2feet thereof and southern of the cmtrlme of Orono etxv N00'54'34'E 337.82 -x --K�x w o,<nam Nom. .\ ; (\�,� `-513,-,11....10--- " (/ �� 4 #'~ �f T CONSTRUCTION . r.q a\ 'd\ \ v \ .so i4`a/ \"�� 1 z own or 1V tc a 4 \ j3ro-C \ ren e,eW nreotmhQm the fornamvaeunpapn that pertwhicn ie enrnhee wfollows.t,.n: 5159 MAIN STREET SUITE 200 x,N.- r<rtp- It s ,B kri/.As4/ 3. ���=4 .` 1\ , Q.4/•Q J• Ir'.0111 aseI t/, 4 \\ \H \ notn.euo,utemt Owner of the xonnean ouane.lx[IlaxE,/,ISI sectw.mree131. 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" 0 4 \\\ \ \ ,� PRELIMINARY xurnau is 3ava234ao,SS IS uM[cr RxortRTr¢3RnRAaaAOR On3s„muH.ITS oPERTY nRerzn,o TMEA,iox moi\ 1\\ ik , ` ..„\\,, 4' 4 4 4 4 4 4# 4 4 \ I \ Y// I PLAT 2.THE DROSS AREA OE THE CENTERLINE or OUR. '•-f-;\ •`\ \ \\ • ! \\ 1 \ \' N s, . srw 41N` i 4 4 4 4 4 \\ \ a NORTH PROPOSED LOT 2.BLOCK 1 6 3,336 SO,R. OR 11.20B ACRES PROPOSED LOT 3,BLOCK 1 6 731.509 SCI R. OR 16.500 ACRES _:\\'Ng. .G \;\,. MOWER _`' i 4 i sEA... ,rvtnrSnilrel ooc No erects # \\ \ \ ®0 PROPOSED LOT 4.BLOCK 1• 195,7SOSO FT. 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[0106016 0 ADDRESS SUn&RTER !EROSION ADDRESS 12800 TE REWATER DgIVE,SURE 300 6.05 110$100 mmROLruN TEL MINNETONKA,MN 55303 ,� �, CONTROL N0TFsr.00ARs TEL C 010 —i� .0 �'� rnE Sheet Title a.P0 SWIPONARRATNL CONTACT: CONTACT:CRAIG JOHNSON am 1066-PMRM A� *'O�' �a� MUM ,AFFN�ENTORYPUN TITLE SHEET SITE 4,0 42 TREE MENTOR,'OM LANDSCAPE ARCHITECT TAMRATE0 / ' 128m WNREWATER DRIVE,SUITE 300 MINNETONKA.MN 55343 a GOVERNING SPECIFICATIONS TEL 2631]66020 `�\ Sheet No. Revision CONTACT:WILLIAM MUNE - ( I l / 1 CITY ENGINEER'S ASSOCIATION OF MINNESOTA STANDARD SPECIFICATIONS 120131 ...JJJ MNDOT STANDARD SPECIFICATIONS FOR CONSTRUCTION 12018 EDITION) C1•01 VICINITY MAP NO SCALE Project No. 20658.03 •• IMMEMMINI I / \\ //// I LEGEND n..wx Sambatek / I mum mamma'^'-I-0.R -- "`���www.sembateR.00m I 0:=7:, .--m wmu.,ewu I • u,s » „o.u,twu"N tuwwvnwawun.sun sos 5T4^i EEE?iDGE' u �'iii.iJEJ'i »n• 1 »�„"„ SAARAA.AIN 8694, __ _ _,___ ____ # ar- flnanmcx,w„m.,.n, ••••• MA418.emo m.dn„ mtcomummil M13----11'\1 w ' 4s°Po I i 4-641,11,/"".'".''''''441.04.1L �•�w, '1..,,[,", LJ .wo,w.,b.e„ w.N,Nis+,,,,,,,,,,,, »w .r , t KI •�* +y, °' I •,•0„ ��` - lit.,,,_ amcarn MAMA Client ,: IMO 1,� m 3 I .e . a,»„ w�a„,R 'k DECIDUOUS MR GORDON 1. ,,A;_ I a. 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I , / LASIN / \ \ /\ ORONO,MN /�///� NOTE TO CONTRACTOR x I'--/---t�q/ R r�t. I -•�(: r :.:^ /0•.942.5/ /\ /�\) / 7, ,t r'��0/;r; _"./ y ,97.4 4.75 ,,IK //T 1101 .:,,arra.„,a..Iw,xra!040.00,0,00 00 01.0..rr..000,0/01000/1010 COM.MAIM.01/11f110.01(10,014,„. X13, 11 i i eL '44'4Y I ``. ..,��\ �/'� / ] /,. C / \ 1 �nRPux.wlw,x, ' 1 I i yI'i G �,A:.i I• y -"-�� �% ��pp - 00000°unxRv30010 1ua�M00 0 M 00ow,nw 1*01MOW.. I .:.� !r� / � /y \\/\ /�' ��� �% :B°vwasronNusr.esuwmmro,„s wvxlR,oN 11 1 FB I1 s-0u ” sl'}I •i / ..�= i/\ / / //.I x* /'\T 1 11^^ EROSION CONTROL MATERIALS +II I I II ''�t' li,�If��I � / / / / Certification 11 f I 3r ;/t1 4 G� -'''./(/ t a' QUANTITIES 0..0.000.,mM M:;'°:„ rJt / ao •/ / I-�_�. - REM UNIT QUANTITY '\ t-..I 'B I; �SS I , ° ` d. ',fes` •L/r 1 -i ' .. l.00.00 ER VW ,.....,,„,„,„,.,„,,,,,.,0,.,...n. \ I •] III /! GSC -_` �a J I PERMITTEES MUST NOT EXCAVATE 00.100 00 sp,aas •^•w \\- I RE/�E !q 7�jis> �'®� —-c�A// ,_y'v''i-_ INFILTRATION SYSTEMS TO FINAL GRADE, Irn°u au.r, [R srss I y11 \;;t\ !{ / / OR WITHIN THREE 3 FEET OF FINALIMAM IP I• �'.5' / / \/ (] .,,.IA seas B x:oR'3 no:o 0 0�_$� ; 1; I/, ]y,`f -----\ / // �= 0101011 / GRADE,UNTILTHE CONTRIBUTING wxsmurnonllnRAxcE wm 3 N] 4 II , w;/ /' \ IV- / - / DRAINAGE AREA HAS BEEN 0 1 IIIi '1 ��Ytft1 -' \• '__►// I '�”, / '�-CONSTRUCTED AND FULLY STABWZEDI I )� /I ` $!7 ,/���--\\ -^'- \�I I / /_ °UNLESS THEY PROVIDE RIGOROUS \�N 1l I _x.-41 1� j1 I ���_ /I 1 I / / B EROSION PREVENTION AND SEDIMENT •REFER To SHEET FOR GENERAL NOTE,MAINTENANCE SummaryP ° !l° A��, R ... NOTES,LOCATION MAPS,AND STANDARD DETAILS ^ NN / / :% `".ti Y,,..,, -./ I / ° KEEP SEDIMENT (E.G.,DIVERSION BERMS) / / /� . A \yam UK` _-- / I ( /° a KEEP SEDIMENT AND RUNOFF A met mt/Pym / E / F•( s- I I COMPLETELY AWAY FROM THE v m.Imw.eyvpem / \ / ,13 \'• 0 - __ t t-0d W ° 7—INFILTRATION AREA.[MINN.R.7090] \ \ pii .1:::1::',!4!"` •�1g ^ --- a 1 Revision History \ / & �O I ;r► X\ / i-q / a 1fi.5 WHEN EXCAVATING AN NFILTRATION N Date By Submittal/Revision \ / R'1\ 1 ;!a.A aq \\ -g V\ \ / d r/� I °/I / SYSTEM TO WITHIN THREE i3)FEET OF \ \ II \ k I •i'�' / 1 FINAL GRADE,PERMITTEES MUST STAKE -- \\ \ I \ 113 ,i ,,/,:J;:;,I \ / I/ I / I °/,REP AND MARK THE AREA SO HEAVY o°1V10 °p"e°"'a \/ \` !. H, \ \ I / /o°CONSTRUCTION VEHICLES OR \ \� \ /� Y I ��';�,`,•' \/ \I II ` 1 a d //, / EQUIPMENT DO NOT COMPACT THE SOIL ' \ \ b \ \` V I \ y/ja•�':./' C. ` ° II 1I I / i IN THE INFILTRATION AREA. \mo \ s, i/ \\ \\ \'I j`ll % ISI '1 I` �\\ \\ v/ ---E � 1� I II 1//// �1E \\\'\ \I v _,i°-'� , I t, (• 11 t I A / / / /I /' / -, I, 1 Sheet Title ''i; •\ I x'I i 1 \ / °/ /' / i 7 i1 4 1 PHASE II S �� 1 1 d 1 _ p9/ /' / p I i EROSION �\ `�. !{ � i 11 ,, \ 1 I , '/ / X1'`` /' / / ./ / 'v/ al / \ I NORTH CONTROL PLAN \ \ o Il/',,�_.- ° E I 1(I] 1 \1 l TANAGER LAKE IS AN IMPAIRED ',0 t / i I \A \ R IS I I I\ \ \ i / j,�, l WATER BODY TO THE SOUTH OF THE/ / / j KAU 01 HU \ ' I I ' i PROJECT,OUTSIDE OF PROJECT LIMITS II I s.\ \ \ 1 I I \` �\ \`, _ BUTWRHINIMILEOFTHESITE �\ / F i Sheet No. Revision t \\ \ �/I 1'�I I t II, \� /(��"� ANDRECENESDISCHARGE \ / /dI\ 1 /� \1 q(� ,l ° 1\�\(\\\\\\ '1 I, =ice 1a�/ l I L. 2-/te�',,° �� _40 l 1\r \” \ l`` e,m .d_ o ..�,,We ,...a , . l S.OZ t ) JP \l„I r1!i3 t l' i I-// / � J \ / ° /,;/a a - k . 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L, .............,•, ,,,,,,.:,,,,,,,:.:,, ,:.„„,:„,„„„„,„„,„,„, ,,, .„•„ I I _I / I ,( .!iiii!Viliill'i{: 104432 SF � // 'C:. // / / 20005!SF y� \\1�[[e'] // . � :.•/>. a .. ... u. aiiil I.4 .. ,/ I II / �/' 1 ' 1/ f a a a a �.. 4� 4/7 • .......iiiiiii§iiiiiIii... 'i'l iiii:.-J:::3`.`::;`:;i:::'?:../.:2`.%11:::1§:3:iiiiiii;:ili:.:::. ;NI ilit r Ir 1 YS �. - ,:i:iii*iv.:;,, , ,.., iJII � 6..:i:ii..:iiiii::iiliiiii::„ .. .. ... .....,::: .iii::,. .. ...:ii::,: ..::.:::!:,.:_::;.. ,,, 1 :1:K:::K...1::.. , :: :,.::::::::..... , ... ,. . .... 1 .... ... ... r t � ��P •? /)fes ,' ij __ :......... ::..,...:x..:„:,. .. // a :, ii*K:: I.J r 1 ::.. / ( Perini 3dFtii/ / 1/ / / 11 / // . . II - sots i A 1 f - ,5 \\ \ ..iol Q. `o�iie:�s'r,,!tF#4 .. .`/ L , , a _ aaaa t_.___4.- -- /' i' vov ma. - i ,.mem Hove uo.mm stove cmo, — 2 m00% 52earin 8 i i II I i�_. I —DEVELOPMENT OVERVIEW LAND AREAS: I GROSS DRY BUILDABLE DRY BUILDABLE 1. LOT 1 2.11 AC 87,732 SF /2.01 AC 2. LOT 2 8.21 AC 104,431 SF/2.40 AC 3. LOT 3 16.80 AC 89,211 SF /2.05 AC SETBACKS: (RR-1B) 4. LOT 4 11.40 AC 200,054 SF /4.59 AC FRONT 50FT SIDE 30 FT REAR 50 FT SHORELAND OVERLAY: — SEPTIC 75 FT STRUCTURE 100 FT 1 ORCHARD HILL OF ORONO ok A. [ o 02.04.2020)ardon ORONO, MN )aures - ................ (22".34") .pnMNmn ( 1( ordon J[ames DESIGN BUILD RENOVATE 5159 Main Street I Suite 200 I Maple Plain,MN 55359 I 763.479.3117 Orono Orchard Project Narrative This picturesque 39.4 acre in the heart of Orono has been untouched for over 4o years. With road frontage of approximately 127 feet,it has been one of the areas best kept secrets,because most residents,even those living close by,didn't realize it was there. Our goal is to keep this parcel picturesque and maintain the"rural feel"by creating 5 large lots from 3.01 acres to 16.72 acres. The trees on site will mostly stay intact,with a short road and cul de sac located in the same area as the current driveway. Custom Homes will be designed as the lots are sold. Attached you will see five renderings of previous homes we've designed and built. Those homes will be consistent with what we plan to build,but each home will be a custom design for our clients. Cedar shake roofs,stamped or paver brick driveways,with natural or maintenance free siding like Hardie or LP Smartside are planned. There will also be covenants on square footage,building materials,fencing,etc...to maintain a consistent look in the development. The entrance will have an understated monument sign to keep with the"rural feel"of the development. An asphalt private road and cul de sac are planned. When the development is completed a homeowner's association will be controlled by the five homeowners. We believe this development will be an excellent addition to the Orono area and be consistent with the existing properties on Orono Orchard Road. April 22,2020 Sambatek Project#20658.03 Conservation Design Master Plan -OF- Orchard Hills Orono, Minnesota -FOR- Gordon James Construction Prepared By: _4 am bate Engineering I Surveying I Planning I Environmental sambatek.com 763-476-6010 12800 Whitewater Dr,Suite 300,Minnetonka,MN 55343 Conservation Design Plan Orchard Hills PID 053-3411823440035 Orono, Minnesota Prepared for: Gordon James Construction Prepared by: Sambatek, Inc. Sambatek Project No. 20658.03 April 22, 2020 Conservation Design Plan Orchard Hills PID 053-3411823440035 Table of Contents INTRODUCTION AND BACKGROUND 1 LEGAL CONTEXT 1 PROPOSED PROJECT 1 Ecological and Aesthetic Character Review 1 RURAL OASIS STUDY 1 Views from Orono Orchard Road (OOR) 1 Views from Luce Line Trail 2 NATURAL RESOUCES INVENTORY 2 Minnesota Land Cover Classification System (MLCCS) Data 2 Tree Survey 3 Wetland Delineation 3 Topographic Survey 3 Conceptual Greenways and Open Space Corridors 3 Conservation Design Master Plan 4 STORM WATER MASTER PLAN 4 INVASIVE SPECIES REMOVAL AND MANAGEMENT PLANS 4 TREE REMOVAL AND PROTECTION PLAN 5 ECOLOGICAL COMMUNITIES DISCUSSION 5 VIEW OF THE PROPERTY 5 LANDMARK PRESERVATION PLAN 5 REFERENCES 5 ii Sambatek Conservation Design Plan Orchard Hills PID 053-3411823440035 APPENDICES Appendix A-Project Location Map Appendix B - Site Plan Appendix C—Rural Oasis Photo Log Appendix D -Minnesota Land Cover Classification Map Appendix E - M-34X Modifier Map Appendix F-Tree Survey and Preservation Plan Appendix G- Wetland Delineation Notice of Decision Appendix H - Topographic Survey Appendix I -Invasive Species Removal Recommendations Sambatek Conservation Design Plan Orchard Hills PID 053-3411823440035 INTRODUCTION AND BACKGROUND The Orchard Hills project involves an approximately 39.4-acre parcel located at 135 Orono Orchard Road North (OOR) in the City of Orono, Minnesota. The Subject Property consists of woodlands,wetlands, and altered non-native grasslands. LEGAL CONTEXT A Rural Oasis Study was performed for the City of Orono in 2005. This study identified a link between the natural systems and the valued scenic character that exists throughout Orono. Based on the values identified in the Rural Oasis Study, ordinances were created that are meant to preserve and enhance the ecological and aesthetic character of the community. Article XII(Conservation Design) Section 78-1632 (Applicability) requires a conservation design plan for all proposed residential subdivisions or multi-unit residential developments greater than five acres in total area. PROPOSED PROJECT The proposed project involves the redevelopment of the Subject Property to five residential lots. In order to maintain the natural character of the Subject Property the lots will range in size from 2.19 to 16.72 acres. Wetlands and trees will be avoided as much as possible by the redevelopment project. Furthermore, buffers will be provide around all wetlands. Ecological and Aesthetic Character Review RURAL OASIS STUDY The Subject Property is not adjacent to any of the corridors analyzed as part of the Rural Oasis Study. Sambatek completed a field review of the Orono Orchard Road segment near the Subject property on April 16, 2020. The observations from this field review are summarized below. Views from Orono Orchard Road(OOR) Coming from the south on Orono Orchard Road (OOR)the major landmark in the immediate area is the Luce Line Trail bridge (Pic101). The winding road is not curbed at this point and feels very bucolic. Curb and gutter begins at the entrance to the Stone Ridge Colony Development and continues north.Near the project entry, existing nearby homes on OOR feel close and sometimes front on OOR. Just to the south of project entry the existing residence has a white picket fence which fits the rural aesthetic (Pic 102). Mature evergreens at project entry are a nice entry feature and contrast the `gray' deciduous vegetation for six months during the year(Pic 107). Power poles which run 1 Sambatek Conservation Design Plan Orchard Hills PID 053-3411823440035 along the west side of OOR are not conducive to the wooded feel. At the entry point you can see an asphalt walk/bike trail that comes from the north and cuts east into the Stone Ridge Development across OOR. Enclosure moving through the corridor is heavily wooded on the west side with mostly with open views to east with native plantings. As one nears the project entry point,the Stone Ridge Colony sign on the east dominates the intersection as there are no trees close to it in any direction(Pic 89). A native lowland planting area is the backdrop for the sign with a native planting being established and is signed accordingly. The monument sign could be used as a `landmark' in giving directions as it is omnipresent. Across the entry road from the sign, to the South, is a utility building meant to look residential, it is set behind a berm and is not visually obtrusive (Pic104). In general,the views from Orono Orchard Road appear to be positive. Views from Luce Line Trail Walking down the Luce Line Trail corridor one is elevated above the vegetation to the north and south. Looking east there are pockets of evergreens near the bridge (Pic 091). It is dense and made up of mixed deciduous hard and softwood around a wetland, creek area. Nature predominates as homes are ghosted by the leafless vegetation. Once spring growth emerges the homes will disappear(Pic 097). In general, it appears that the views from Luce Line Trail are positive. NATURAL RESOUCES INVENTORY Minnesota Land Cover Classification System (MLCCS)Data The Minnesota Land Cover Classification map indicates that the site consists of emergent and wooded wetland, upland forest, and upland grassland habitats as well as areas of 11-25% impervious cover and 76-100% impervious cover. The M-34X modifiers indicate that the majority of the site rated C (moderate condition natural community) or lower. A M-34X modifier has not been assigned for approximately 1/3 of the site, most of which consists of an emergent wetland habitat. Based on observations made during a 2016 field visit, which was part of the wetland delineation process, this area appears to be dominated by non-native species such as Reed Canary Grass, Hybrid Cattail, and Smooth Brome. The M-34X modifier for this unassigned area is likely a D (poor condition). The proposed project is unlikely to affect the M-34X modifiers within the Subject Property. 2 Sambatek Conservation Design Plan Orchard Hills PID 053-3411823440035 Table 1. Acreage of MLCCS on Subject Property MLCCS M-34X Modifier Acres of Site 11-25% Impervious Not Rated 0.24 76-100%Impervious Not Rated 1.21 Short Grasses Not Rated 0.0005 Forest C/NA 3.03 Wetland Forest D 14.24 Tall Grasses Not Rated 2.26 Wetland Emergent Vegetation Not Rated 13.59 Dry Tall Grasses Not Rated 4.83 Tree Survey A tree survey was completed as part of the planning process for the Orchard Hills project. All significant trees were identified to species, size, and location. The site consists of mainly Green Ash, Box Elder, and Red Oak. Please see the attached figure that shows the tree species present and diameters. Wetland Delineation A wetland delineation of the Subject Property was completed in September 2016. The wetland delineation identified three wetlands on the Subject Property. The Wetlands are identified as Wetlands 1-3 on a Wetland Delineation Report dated September 28, 2016. Wetland 1 is a large Type 3, Shallow Marsh wetland that rings the west and south property boundaries. Wetlands 2 and 3 are small, Type 1, Seasonally Flooded wetlands. The wetland boundaries were reviewed by Minnehaha Creek Watershed District during a TEP meeting on October 25th, 2016. Several revisions were made to the boundary of Wetland 1 and Long Lake Creek was added to the report. Please see the attached Notice of Decision for the approved wetland boundaries. Topographic Survey A topographic survey of the site was completed by Sambatek. The topographic survey shows that the property consists of a hill that extends through the property to the southwest. The existing driveway and residence are situated on the top of the hill. The hill slopes down to the wetland along the south and west property boundaries. Conceptual Greenways and Open Space Corridors The Conceptual Greenway Corridor map from the 2008-2030 City of Orono Community Management Plan identifies the Subject Property as part of the "conceptual greenway corridor". Based on the Hennepin County Natural Resource Inventory map,the Subject Property contains a small portion of moderate quality Oak Forest habitat located in the southeast corner. This area is not proposed to be impacted by the residential redevelopment, and additional protection is not necessary. 3 sambatek Conservation Design Plan Orchard Hills PID 053-3411823440035 Existence of Rare Plant Communities No rare plant communities were observed on the site and are not identified on the Hennepin County Natural Resource Inventory map. Most of the communities on the site are dominated by invasive species such as Reed Canary Grass, Common Buckthorn, Canada Thistle, and Garlic Mustard. Due to the low quality of these areas, no special protection of these areas is necessary. Conservation Design Master Plan STORMWATER MASTER PLAN The existing topography of the site directs surface water towards the Long Lake Creek along the north property boundary and towards the large wetland along the south and west property boundaries. These drainage patterns will be maintained after the redevelopment of the site and run off from impervious surfaces will be treated prior to discharge to the Long Lake Creek or the wetland. INVASIVE SPECIES REMOVAL AND MANAGEMENT PLANS Common Buckthorn, Reed Canary Grass, Garlic Mustard, Canada Thistle, and Smooth Brome were reviewed throughout the Subject Property during the wetland delineation field work activities. Garlic Mustard, Canada Thistle, and Smooth Brome are scattered throughout the upland areas and Sambatek does not recommend that these are removed. Common Buckthorn and Reed Canary Grass are primarily located within the wetland areas and within areas that will be the wetland buffer. Common Buckthorn and Reed Canary Grass will be removed as part of the landscape plan. Common Buckthorn can be removed via several different methods. Based on the size and amount of Common Buckthorn on the Subject Property, Sambatek recommends using the cut stump treatment method for treating Common Buckthorn. This method involves cutting the stems at ground level and treating the stems. This is most effective when completed in late summer and fall. The stems should be treated throughout fall and winter. Recommended herbicides include glyphosate, triclopyr amine, and triclopyr ester (Minnesota DNR). Reed Canary Grass can be controlled through mechanical or chemical methods. To control Reed Canary Grass through mechanical methods, mow between mid-June and October to reduce seed production. When cut during the growing season, Reed Canary Grass will have a second growth spurt in the fall so multiple mowing are necessary (Minnesota DNR). If choosing chemical methods for Reed Canary Grass, glyphosate can be used for effective control. If treatment occurs in or near wet areas an herbicide formulation approved for water use is required. 4 Sambatek Conservation Design Plan Orchard Hills PID 053-3411823440035 TREE REMOVAL AND PROTECTION PLAN Significant tree impacts will be reduced as much as possible during the design process. Any significant trees that are removed will be replaced as part of the tree preservation plan. ECOLOGICAL COMMUNITIES DISCUSSION The goal of the Orchard Hills residential redevelopment project is to create a residential development that maintains the picturesque and "rural fee" of Orono. During the redevelopment process much of the natural communities on the Subject Property will be maintained. The proposed roadway and cul-de-sac will follow the current driveway alignment to avoid impacts to the natural areas. Houses will be constructed in upland areas and will try to avoid any stands of significant trees. The natural corridors that are located along the project boundaries will be maintained. Based on the MCCLS map, the majority of the habitats on the Subject Property are poor condition. The proposed project will not lower the quality of these habitats. VIEW OF THE PROPERTY The mature evergreens at the project entry will be maintained as much as possible to sustain the positive viewshed along OOR. The evergreens will screen the residential development from OOR to maintain the secluded feel. The trees and vegetation along the south property boundary,which borders Luce Line Trail will be maintained. This will maintain the positive views for recreationalists utilizing the trail. LANDMARK PRESERVATION PLAN No landmarks exist on the Subject Property. REFERENCES City of Orono, 2008. City of Orono Community Management Plan 2008-2030, Chapter 3A-Environmental Protection Plan. Available online: https://www.ci.orono.mn.us/DocumentCenter/View/1067/Chapter-3A--- Environmental-Protection-Plan-w-Maps-pdf Minnesota DNR, 2020. Invasive Terrestrial Plants. Available online: https://www.dnr.state.mn.us/invasives/terrestrialplants/index.html. Accessed April 2020. Minnesota DNR, 2004.Minnesota Land Cover Classification System User Manual. Version 5.4, Available online: 5 Sambat k Conservation Design Plan Orchard Hills PID 053-3411823440035 https://files.dnr.state.mn.us/assistance/nrplanning/community/mlccs/mlccsmanual v 5_4.pdf 6 Sambatek 14 2..AIN to84: --' anibatek Engineering I Surveying I Planning I Environmental May 11, 2020 Jeremy Barnhart Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Response to Comments Dear Jeremy, We have reviewed the City Engineering Comments dated May 5, 2020 for the Preliminary Plat Application for 135 Orono Orchard Road and have made revisions to the plans accordingly. A summary of the revisions follows: 1. An infiltration basin is proposed for stormwater runoff management to meet regulatory requirements. The following must be considered regarding stormwater management: a. Per City requirements,the proposed stormwater management system must limit proposed peak runoff rates to that of existing for the 1, 10, and 100 year—24h hour events. The system must limit proposed discharges of runoff volume, Total Suspended Solids, and Phosphorus on an annual average basis to that of existing conditions as well. A stormwater management plan meeting all requirements must be submitted for review prior to Preliminary Plat approval to ensure adequate siting is available for required facilities. Response: Please see the stormwater management report that was submitted to the city on 4/22. b. Site soils are likely not conducive for infiltration. A soil boring or infiltration test in the location of the proposed basin must be provided to confirm infiltration is possible. If infiltration is not possible due to site soils, other facilities must be provided to meet the requirements for rate control and pollutant discharges. Response: Soil borings will be performed in the future and the feasibility of infiltration will be evaluated at that time. c. The basin is proposed directly downstream of an existing wetland (approximately 8' lower). Since the proposed location has potential to breach a perched water table supporting a wetland,the basin site must be revised as necessary to remove potential conflict per the NPDES 12800 Whitewater Drive. Suite 300. Minnetonka, MN 55343 I 763.476 6010 2436 E Randal Mill Road,Arlington,TX 76011 1972.809.0898 sarnbatek.com Page 2 Construction Stormwater Permit. Response: Please see the stormwater management report that was submitted to the city on 4/22. Soil borings will be performed in the future and the feasibility of infiltration will be evaluated at that time. d. The site is adjacent to Long Lake Creek. The Comprehensive Long Lake Creek Feasibility Study identified 4 separate locations along this site with bank erosion requiring stabilization($55,000 estimated potential improvements)and 2 wetlands for potential restoration($1,150,000 estimated potential improvements). These projects would reduce the pollutant discharge downstream and help meet TMDL goals for Tanager Lake. Therefore,the City should consider potential improvements that can be completed in conjunction with development improvements accordingly. At a minimum,access should be provided for potential future improvements. In addition, Minnehaha Creek Watershed District (MCWD)should be engaged with discussion regarding a potential partnership to fund and construct improvements identified in the study. Response:Acknowledged 2. 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 approved Stormwater Management Plan. If done piece-meal, coordination of required stormwater management facilities can be difficult, and facilities required may be forgotten during future construction. Response:The homes will be completely custom-built homes. It is not possible to predict exactly what each lot will be required to have for stormwater management. Each lot will be required to submit their own stormwater report for review at the time of construction. The roadway design is known at this time and the stormwater report shows a plan to provide treatment for the shared private road construction. 3. Final Plans should include the following: a. Grading,Drainage, and Erosion Control Plan b. Street Construction Plan c. Landscape and Restoration Plan(including invasive species removal) d. SWPPP meeting NPDES requirements Response:Acknowledged. 4. The applicant will be required to obtain Minnehaha Creek Watershed District (MCWD)approval and permitting.A copy of any approvals or permits required should be submitted prior to Final Plat approval. Response:A permit application has been sent to MCWD and the project is currently under 12800 Whitewater Drive,Suite 300,Minnetonka, MN 55343 I 763.476 6010 2436 E Randol Mill Road,Arlington,TX 76011 1972.809.0898 sambatek.com Page 3 review. 5. The applicant will be required to obtain a General Construction Permit(NPDES)to discharge stormwater associated with construction activity since more than 1 acre will be disturbed.A copy of the permit should be submitted prior to any land disturbing activity. Response: Understood. 6. 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, designate who will conduct inspection and maintenance activities,and outline reporting requirements. Response: Understood. Agreement will be provided at final plan level. Please provide the city's standard O&M template. 7. Drainage and Utility Easements should be provided as follows: a. Over all stormwater management facilities used to meet regulatory requirements. b. Over all wetland and buffers. c. All swales and piping providing drainage for multiple properties. d. 5' along all side lot lines, unless adjacent to Development boundary. e. 10' along all front lot lines, rear lot lines, and adjacent to Development boundary. Response: Proposed easements as requested are shown on the plans and pre plat 8. A typical section should be provided for the proposed street. The rural section should provide a minimum 2' depth for the ditch per the City Standard Detail. The cul-de-sac must provide a minimum 40' radius of paved area. Response:A typical section has been provided for the street on sheet C9.01. A 2'ditch section did not appear to be indicated on the city standard detail. Please provide city detail to include on the plans. The cul-de-sac is shown on sheet C3.01 and has a radius dimension of 40'. 9. Well locations should be indicated on the site plan to confirm adequate separation distance to septic facilities. Response: Code compliant well locations will be provided at building permit. Please let us know if you have any additional questions or comments at 763-476-6010. Sincerely, Sambatek, Inc. 12800 Whitewater Drive. Suite 300. Minnetonka. MN 55343 ( 763.476.6010 2436 E Randol Mill Road,Arlington.TX 76011 1972.809.0898 sambatek.com Page 4 Eric T. Luth 12800 Whitewater Drive. Suite 300. Minnetonka. MN 55343 1763.476.6010 2436 E Randol Mill Road,Arlington,TX 76011 1972.809.0898 sambatek.com arnbateIKEngineering I Surveying I Planning I Environmental May 11, 2020 Jeremy Barnhart Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 RE: Preliminary Plat Application Response to Comments Dear Jeremy, We have reviewed the City Comments dated April 28, 2020 for the Preliminary Plat Application for 135 Orono Orchard Road and have made revisions to the plans accordingly. A summary of the revisions follows: Application Requirements: 1. A copy of the preliminary plat. A drawing showing the proposed lot boundaries, easements, etc. Response: Submitted 2. An onsite sewage report for each proposed lot. Response:The onsite sewage report is in process. 3. Minnehaha Creek Watershed approval or documentation. An email verifying submittal of the plan to the District will suffice to keep the project moving. Response:The stormwater management plan and plans have been submitted to the MCWD for review. See attached email. General Comments: 1. Please confirm with the County that the plat name is acceptable.There is a plat called Orchard Hills in Orono. Response:We are checking in with the county and will adjust accordingly for final plat 2. I have forwarded your plans to the City engineer for their review. I will share their comments once received. Response: Understood 12800 Whitewater Drive. Suite 300. Minnetonka, MN 55343 1763.476.6010 2436 E Randol Mill Road,Arlington.TX 76011 1972.809.0898 sambatek.com Page 2 3. On the site plan,sheet C3.01, please show setbacks to property lines, in addition to the wetlands and the tributary. Response:The property line setbacks have been added to the plans. 4. Please provide a document that confirms dry buildable area on all lots. Response:An exhibit has been provided for your use. 5. There was some discussion at the sketch plan level that an outlot would be added for a monument sign off of Lot 1,to eliminate the second frontage for that lot. This outlot isn't shown. Response: Further discussion of the sign location is required. 6. I note the narrative suggests a monument sign. Please provide a detail (material, height,width, etc.)and note that this sign may not be located within 75 feet of the tributary. Response: Please see attached sign detail provided by the developer. 7. Please provide MCWD support for the plan, include wetland setbacks/buffers,stormwater management Response:There has been correspondence with MCWD and the plan has been submitted for their review. We will incorporate any of their comments into the plan when they are available. We have included corresponding emails and the wetland delineation info that we have. 8. There was discussion at the sketch plan that the easement running through Lot 3 and limiting the buildability for this lot may be vacated. Please address.As shown,the two septic sites impede the buildability of the lot, one septic location is within the ghosted in foot print of the building. Response: Proposed lot 3 and 4 have been combined,therefore the easement does not to be relocated. Please refer to sheet C3.01. 9. Sheet C3.01 shows a small building encroaching over the property line into lot 1. How is this to be handled? Response:The small structure that encroaches over the property line is the adjacent owners fire pit patio.The neighbor will need to relocate the patio onto their property. 10. On that same sheet,where setbacks are listed, please also include the Lake/Tributary setback of 100 feet for structures, per Section 78-1279. Response:The 100 foot setback for structures is shown and labeled. 11. On sheet C4.02,the driveway grade for lot 2 is very steep, over 28%. This should be adjusted. Response:The driveways will be designed and built with the future home construction. A note has been added to the plans indicating possible driveway grades,with the intent that no driveway will be steeper than 10%. 12800 Whitewater Drive. Suite 300, Minnetonka, MN 55343 1763.476.6010 2436 E Randol Mill Road,Arlington,TX 76011 1972.809.0898 sambatek.com Page 3 12. On that same sheet,the access for lot 1 is shown through the infiltration basin. Response:The driveway has been relocated to avoid the infiltration basin. 13. On Sheet C5.02,the erosion control plans are prepared to address erosion control during construction. Has a plan been prepared for demolition activity? Response: Erosion control measures have been added to the phase 1 erosion control plan to address the demolition phase of the project. 14. Please provide a document that better illustrates the removed trees. Response: Please refer to sheet L3.01 for planned tree removals. 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For more information,contact Hennepin CountyGIS Office 300 6th Street So uth,M i nn ea pd i s,MN 55487/gis.info@hennepin.us RUN DATE:04/23/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:I 38 02-117-23 22 0001 38 03-117-23 12 0017 72 34-118-23 41 0051 STATE OF MINN HOMETIME VIDEO PUBLSHING INC LORRAINE T HECOMOVICH 38 ADDRESS UNASSIGNED 90 CREEK RIDGE PASS 185 ORCHARD CIR ORONO MN 00000 ORONO MN 55356 LONG LAKE MN 55356 DNR REAL ESTATE MGMT HOMETIME VIDEO PUBLSHING INC LORRAINE T HECOMOVICH ATTN DEBBIE GURTIN 4355 PEAVEY RD 185 ORCHARD CIR 500 LAFAYETTE RD CHASKA MN 55318 LONG LAKE MN 55356 ST PAUL MN 55155 38 02-117-23 22 0002 38 03-117-23 12 0018 72 34-118-23 41 0052 S ACKERBERG&R ACKERBERG N J TRUAX&L M TRUAX C FERNANDEZ&I FERNANDEZ 15 ORONO ORCHARD RD S 80 CREEK RIDGE PASS 187 ORCHARD CIR ORONO MN 55391 ORONO MN 55356 LONG LAKE MN 55356 STUART IRA ACKERBERG NOAH JOHN TRUAX CHRISTOPHER FERNANDEZ ROMY M ACKERBERG LINDSAY MARIE TRUAX 187 ORCHARD CIR 15 ORONO ORCHARD RD S 80 CREEK RIDGE PASS LONG LAKE MN 55356 ORONO MN 55391 LONG LAKE MN 55356 38 02-117-23 22 0003 38 03-117-23 12 0019 72 34-118-23 43 0018 PARTNERSHIP HOLDINGS LLC CREEKSIDE IN ORONO HMWR ASSN RAMON A BELANGER 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 44 APPLE GLEN RD ORONO MN 00000 ORONO MN 00000 LONG LAKE MN 55356 PARTNERSHIP HOLDINGS LLC CREEKSIDE IN ORONO HMWR ASSN RAMON A BELANGER P 0 BOX 5628 C/0 ANDREW JOHNSON 44 APPLE GLEN RD MINNEAPOLIS MN 55440 110 CREEK RIDGE PASS LONG LAKE MN 55356 ORONO MN 55356 38 02-117-23 22 0005 38 03-117-23 13 0001 72 34-118-23 43 0019 VILLAGE OF ORONO RICHARD N CHALFEN MOLLY G WILSON 265 ORONO ORCHARD RD S 350 BROWN RD S 38 APPLE GLEN RD ORONO MN 55391 ORONO MN 55356 LONG LAKE MN 55356 CITY OF ORONO RICHARD N CHALFEN MOLLY G WILSON P O BOX 66 350 BROWN RD S 38 APPLE GLEN RD CRYSTAL BAY MN 55323 LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 11 0001 38 03-117-23 14 0001 72 34-118-23 43 0020 PARTNERSHIP HOLDINGS LLC PARTNERSHIP HOLDINGS LLC K V BIGELOW&J T BIGELOW 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 32 APPLE GLEN RD ORONO MN 00000 ORONO MN 00000 LONG LAKE MN 55356 PARTNERSHIP HOLDINGS LLC PARTNERSHIP HOLDINGS LLC KENNETH&JUDY BIGELOW P O BOX 5628 P O BOX 5628 32 APPLE GLEN RD MINNEAPOLIS MN 55440 MINNEAPOLIS MN 55440 LONG LAKE MN 55356 38 03-117-23 11 0002 38 34-118-23 44 0034 72 34-118-23 43 0021 STATE OF MINNESOTA CITY OF ORONO GITTE WENGLER 38 ADDRESS UNASSIGNED 38 ADDRESS UNASSIGNED 26 APPLE GLEN RD ORONO MN 00000 ORONO MN 00000 LONG LAKE MN 55356 DNR REAL ESTATE MGMT CITY OF ORONO GITTE WENGLER ATTN DEBBIE GURTIN 2750 KELLY PKWY 2420 FOX STREET 500 LAFAYETTE RD ORONO MN 55356 WAYZATA MN 55391 ST PAUL MN 55155 38 03-117-23 12 0002 38 34-118-23 44 0035 72 34-118-23 43 0022 PARTNERSHIP HOLDINGS LLC Y M C A OF METRO MPLS SCOTT ALEXANDER DAVIS 38 ADDRESS UNASSIGNED 135 ORONO ORCHARD RD N 20 APPLE GLEN RD ORONO MN 00000 ORONO MN 55356 LONG LAKE MN 55356 PARTNERSHIP HOLDINGS LLC YMCA OF THE GREATER TWIN SCOTT ALEXANDER DAVIS P O BOX 5628 CITIES 20 APPLE GLEN RD MINNEAPOLIS MN 55440 651 NICOLLET MALL STE 500 LONG LAKE MN 55356 MINNEAPOLIS MN 55402-3198 38 03-117-23 12 0003 38 35-118-23 33 0003 72 34-118-23 43 0060 STATE OF MINN KELLY M LOWE J T PASTER&A L PASTER 38 ADDRESS UNASSIGNED 105 ORONO ORCHARD RD N 46 CREEKSIDE DR ORONO MN 00000 ORONO MN 55356 LONG LAKE MN 55356 DNR REAL ESTATE MGMT KELLY M LOWE JAMES T PASTER ATTN DEBBIE GURTIN 231 SOUTH PHILLIPS AVE 303 46 CREEKSIDE 500 LAFAYETTE RD SIOUX FALLS SD 57104 LONG LAKE MN 55356 ST PAUL MN 55155 38 03-117-23 12 0015 38 35-118-23 33 0004 72 34-118-23 43 0061 ANDREW G&RACHAEL A JOHNSON J W BRENNAN&C M BRENNAN J L OHMAN&R A OHMAN 110 CREEK RIDGE PASS 25 ORONO ORCHARD RD N 52 CREEKSIDE DR ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 55356 ANDREW G&RACHAEL A JOHNSON JIM W BRENNAN JOHN L OHMAN 110 CREEK RIDGE PASS CONNIE M BRENNAN 52 CREEKSIDE DR LONG LAKE MN 55356 25 ORONO ORCHARD RD N LONG LAKE MN 55356 LONG LAKE MN 55356 38 03-117-23 12 0016 38 35-118-23 33 0008 72 34-118-23 43 0062 BARRY F PETERS JOHN ALLEN DALBEC REV TRUST D M KVALE&T E KVALE 100 CREEK RIDGE PASS 1565 ORONO OAKS DR 58 CREEKSIDE DR ORONO MN 55356 ORONO MN 55356 LONG LAKE MN 55356 BARRY F PETERS JOHN ALLEN DALBEC THOMAS E&D M KVALE 100 CREEK RIDGE PASS 1565 ORONO OAKS DR 58 CREEKSIDE DR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 RUN DATE:04/23/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 72 34-118-23 43 0063 72 34-118-23 44 0013 72 34-118-23 44 0023 CAROLINE M BROST J K ANDERSON&J L ANDERSON MICHAEL D&RUTH B BASH 64 CREEKSIDE DR 165 MEADOW LA 1680 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CAROLINE M BROST JAMES K&JOAN L ANDERSON MICHAEL D&RUTH B BASH 64 CREEKSIDE DR 165 MEADOW LA 1680 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0064 72 34-118-23 44 0014 72 34-118-23 44 0031 R G ROACH&K A ROACH MATTHEW J JAMES ET AL G M SWENSON&T A SWENSON 43 CREEKSIDE DR 167 MEADOW LA 1684 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 ROBERT G&KIMBERLY A ROACH MATTHEW&REA JAMES GREGG M&TAMARA A SWENSON 43 CREEKSIDE DR 167 MEADOW LA 1684 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0065 72 34-118-23 44 0015 72 34-118-23 44 0032 F L FORSANS&S H FORSANS M J SPONSLER/M A SPONSLER TR S A SCHMID&C SCHMID 37 CREEKSIDE DR 169 MEADOW LA 1690 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 FABRICE L FORSANS MARK J SPONSLER CATHERINS&STEPHEN SCHMID 37 CREEKSIDE DR MARY A SPONSLER 1690 BOLLUM LA LONG LAKE MN 55356 169 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0066 72 34-118-23 44 0016 72 34-118-23 44 0033 CHAD M SPONSLER W J REISER&J A REISER TODD&SHELLEY G SETHER 31 CREEKSIDE DR 171 MEADOW LA 1691 BOLLUM LA LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CHAD M SPONSLER WILLIAM J REISER TODD&SHELLEY G SETHER 31 CREEKSIDE DR JODI A REISER 1691 BOLLUM LA LONG LAKE MN 55356 171 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 43 0067 72 34-118-23 44 0017 72 35-118-23 33 0024 TRISH OHRT CHAD M&KIMBRA L BOITNOTT C BACH&S BACH 15 CREEKSIDE DR 173 MEADOW LA 1597 STONERIDGE CIR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 TRISH OHRT CHAD M&KIMBRA L BOITNOTT CHRISTOPHER BACH 15 CREEKSIDE DR 173 MEADOW LA STEPHANIE BACH LONG LAKE MN 55356 LONG LAKE MN 55356 1597 STONERIDGE CIR LONG LAKE MN 55356 72 34-118-23 44 0006 72 34-118-23 44 0018 72 35-118-23 33 0029 M J&R OTTO MRKONICH J D PETERSON&L R PETERSON THE METROPOLITAN COUNCIL 22 CREEKSIDE DR 175 MEADOW LA 1598 STONERIDGE CIR LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 MARKO J MRKONICH& JOSHUA D PETERSON METROPOLITAN COUNCIL ROBANN OTTO MRKONICH LYNDSAY R PETERSON ATTN ENVIRONMENTAL SERVICES 22 CREEKSIDE DR 175 MEADOW LA 390 ROBERT ST N LONG LAKE MN 55356 LONG LAKE MN 55356 ST PAUL MN 55101 72 34-118-23 44 0007 72 34-118-23 44 0019 72 35-118-23 33 0035 C M JOHNSON&S K W JOHNSON ME&R A LEUTHNER TRUSTEES CITY OF LONG LAKE 28 CREEKSIDE DR 177 MEADOW LA 240 ORONO ORCHARD RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CRAIG JOHNSON MICHAEL E&REBECCA LEUTHNER CITY OF LONG LAKE 28 CREEKSIDE DR 177 MEADOW LA 450 VIRGINIA AVE LONG LAKE MN 55356 LONG LAKE MN 55356 PO BOX 606 LONG LAKE MN 55356 72 34-118-23 44 0008 72 34-118-23 44 0020 72 35-118-23 33 0036 C STERNHAGEN&L STERNHAGEN A VENNERSTROM/E VENNERSTROM CITY OF LONG LAKE 34 CREEKSIDE DR 179 MEADOW LA 230 ORONO ORCHARD RD LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 CHRISTOPHER STERNHAGEN ANDREW VENNERSTROM CITY OF LONG LAKE LEAH STERNHAGEN EMILY VENNERSTROM 450 VIRGINIA AVE 34 CREEKSIDE DR 179 MEADOW LA PO BOX 606 LONG LAKE MN 55356 LONG LAKE MN 55356 LONG LAKE MN 55356 72 34-118-23 44 0009 72 34-118-23 44 0021 MARY J BUBANY ANTHONY SARENPA 40 CREEKSIDE DR 181 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 MARY J BUBANY ANTHONY SARENPA 40 CREEKSIDE DRIVE PO BOX 809 LONG LAKE MN 55356 WAYZATA MN 55391 72 34-118-23 44 0011 72 34-118-23 44 0022 P H GILLETTE&K C GILLETTE T STINAR&A J STINAR 1676 BOLLUM LA 183 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 PETER H GILLETTE TONY STINAR KRISTEN C GILLETTE ALISON J STINAR 1676 BOLLUM LA 183 MEADOW LA LONG LAKE MN 55356 LONG LAKE MN 55356 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: 4.24.20 �O�VO Date Application Considered as Complete:5.13.20 60-Day Review Period Expires: 7.12.20 To: Chair Ressler and Planning Commission Members klIti\J/1kt Dustin Rief, City AdministratorSHO�`� From: Laura Oakden, Planner Date: May 18, 2020 Subject: LA20-000031, Dale Gustafson o/b/o Don Adams, 2927 Casco Point Road, Variance, Public Hearing Application Summary: The applicant is requesting to construct retaining walls, hardcover, and relocate an accessory building within the 75'lakeyard,average lakeshore setback and side yard. Staff Recommendation: Planning Department Staff recommends approval of the variance for the proposed retaining walls with conditions and denial of the side yard,average lakeshore and lakeyard setbacks for the relocated shed. Background The applicant has submitted an application to add retaining walls, relocated a shed and landscaping to the shoreline of the property at 2927 Casco Point Road. The property received an Average Lakeshore Setback variance on December 9, 2019 (LA19-000095, Resolution 7062). The property abuts Lake Minnetonka. It has a slope along the shoreline with tiered retaining walls. There are currently wood deck style stairs leading down the slope creating access to the Lake.There is also an existing shed currently placed 10 feet from the OWHL and in the middle of the lot width. They wish to relocate closer to the Northwest side property line. There are two patio areas one at the top of the existing stairs which will remain and a larger paver patio at the bottom of the stairs abutting the rip-rap which will be removed. Retaining Walls: The applicant is proposing to replace the existing retaining walls in kind to maintain the same height and footprint. These existing walls are on the northwest side of the lot near the bottom on the slope. There are 2 tiers that range fron 1-3.5 feet in height. The new stairs are stone and cut into the earth. The applicant describes the need for"shims"to support these stairs. Improvements that are installed to retain earth is considered a retaining wall. Additional granite stone indicated on the site plan placed under the stone stairs are considered retaining walls and are currently not permitted by the city code. The need for these stairs is to help support the shoreline and allow a less visibly intrusive stair to be installed to access Lake Minnetonka. The applicant noted these retaining walls will be needed to install the stairs property and the details will be designed in the field. Shed:The applicant is requesting to relocate an existing shed which sits 10 feet from the OHWL. The current shed is legal nonconforming and would be allowed to be rebuilt in-kind as it sits today. The applicant has submitted plans that show the relocated will maintain the same volume and footprint,thought the relocated shed will have a gabled roof where the existing shed has a domed roof. The shed is proposed to be moved to the northwest corner of the LA20-000031 May 18 2020 Page 2 of 5 property on top of existing hardcover, paver patio. The proposed shed would be 7.5'from the OHWL where 75 is required and 1.5'from the side property line where 7.5' is required.This is considered new massing within the lakeyard. This would requires variances for the lakeyard, side yard and average lakeshore setbacks. Practical Difficulties Analysis Staff finds there to be practical difficulties for allowing the applicant to rebuild and install new retaining walls within the lake yard. The Lake yard is sloped and access is challenging. The revised stair style is less visibly intrusive for protecting the natural environment of the shoreline. The retaining walls would support and protect the slope. The Commission should discuss if the practical difficulties relating to the relocation of the shed and if the applicant is working to meet the code as much as possible. The applicant is requesting to move the shed in the lakeyard, average lakeshore and side yard setbacks where no building is permitted.The applicant can maintain the shed as it existing today. Moving the shed introduces new building/massing where currently no building existing today. The shed located 1.5 feet from the property line raises significant questions related to the ability to maintain the structure long term without encroaching on the neighbor. Further,the shed in the proposed location effectively boxes in the shore view from the neighboring property which could impact the sightlines and average lakeshore setback. Staff does not find any practical difficulties to allow a new shed in the side yard and lakeyard of the property. The applicant has room on the property to place a shed in a conforming location. LOT ANALYSIS WORKSHEET Section 78-1680 and 78-1700-Hardcover Calculations: Existing Proposed Proposed Stormwater Total Area in Allowed Hardcover Existing Hardcover Hardcover Overlay Hardcover Zone Hardcover (New Home within the District Tier Permit) with the 75' 75' • 24,981 s.f. 6,245.25 s.f. 6,231 s.f. 6,095 s.f. Tier 1 376 sq.ft. p (0.57 acre) (25%) (24.98%) (24%) 240 sq.ft. Proposed Hardcover: Existing Upper Patio to remain: 32 sq.ft. Shed: 34 sq.ft. Proposed Stair: 174 sq.ft. Applicable Regulations: Lake Setback Variance (Section 78-1279) Retaining walls are not permitted within 75' of the lake,therefore the applicant is requesting a setback and hardcover variances.The applicant's plan involves replacing the existing deck style stairs with new stone stairs, replacing the existing retaining walls, and constructing additional retaining walls to support the new style stair and relocate the existing shed. The applicant is hoping to proactively prevent any further erosion and potential failure of the lake yard with tiered retaining walls to stabilize the area. LA20-000031 May 18 2020 Page 3 of 5 Buildings are not permitted within the 75'of Lake Minnetonka. Buildings are not permitted with the average lakeshore setback. The applicant is requesting to build a new shed 7.5 feet from the OHWL of Lake Minnetonka and within the average lakeshore setback. The applicant is requesting to move the shed away from the bottom on the new stairs and towards to corner of his property and Lake Minnetonka. Side yard (78-350) They applicant is requesting 1.5 foot side yard setback for an accessory building where 7.5 feet is required. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls will be screened with vegetation to maintain the rural nature of the lake. Allowing a new building in the setbacks is not in harmony of the City Code. 2. The variance is consistent with the comprehensive plan. The proposed retaining walls are recessed into the earth to limit their visual impacts and support the stairs and slope on the property, maintaining the rural character of the lake. An accessory building within the lakeyard, average lakeshore and side required yards is not consistent with the comprehensive plan to preserve the shoreline of Lake Minnetonka. 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 owner proposes to install retaining wall improvements which are residential in nature and reasonable from a residential scope.The proposed accessory building is not proposed in a reasonable and can be places in a conforming location b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls as a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of LA20-000031 May 18 2020 Page 4 of 5 actions by the owner. The circumstances for the accessory building are not unique and property has chosen the proposed building location and c. The variance will not alter the essential character of the locality.The variance to permit retaining wall structures within the 75-foot setback will help to maintain the existing slope and character of the area.Allowing a new shed to be located in the lake and side required yards does not match the natural character for the shoreline of Lake Minnetonka. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a single family home with stairs for lake access and accessory buildings are allowed uses in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The slope of the property combined with the pre-existing improvements is a unique condition to the subject property. The existing shed and proposal to move the shed to an unpermitted area is not a special condition and is not unique. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The subject property's specific slope and existing improvements are creating conditions which do not apply to adjacent properties. The new proposed shed would be closer to the lake than the current shed.The proposed location is only 1.5 feet from the side property line. This condition is created by the property owner and not unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. Allowing the relocation of an accessory building within side and lakeyard is not necessary and could be relocated to a more conforming location. 11. The granting of the proposed variance will not in any way impair health,safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. Granting the lakeyard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals,or in any way be contrary to the ordinances. Allowing a new accessory building in the lakeyard, average lakeshore and sideyard would be contrary to the intent of the City Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The applicant has demonstrated practical difficulties which support granting the lakeyard setback variance to permit the construction of retaining walls to support lake access stairs within 75 feet of the LA20-000031 May 18 2020 Page 5 of 5 OHWL. Relocation of the accessory building within the lakeyard, average lakeshore and side yard is not necessary and serves as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status The property is connected to sanitary sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Public Comments To date no public comments have been received. The applicant has submitted neighbor acknowledgement letters. Issues for Consideration 1. Has the applicant met the standards of practical difficulties to warrant a variance for the Retaining walls and for the new location of the Shed? 2. There are many variations of design to provide stair access to the lake. Has the applicant made an attempt to meet the city standards for stairs access to the lake? 3. Does the Planning Commission find that the variance for the retaining walls and for the shed, if granted, will not alter the essential character of the neighborhood? 4. Does the relocation of the shed serve merely as a convenience and not as a necessity to the property? 5. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval for the lakeyard variances to allow the reconstruction and new retaining wall improvement to all for lake access stairs. Staff recommend denial for the lakeyard, average lakeshore and side yard setback variances to allow the relocation of the accessory building. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan/ Hardcover Exhibit D. Shed Plans Exhibit E. Narrative/Scope Exhibit F. Neighbor Acknowledgement Form and Letter Exhibit G. Property Owners List and Map Letter View Land Use Application Summary Application Date: 04/24/2020 Address: 2927 CASCO POINT RD WAYZATA, MN 55391 Parcel Number: 2011723310049 Land Use Number: LA20-000031 Application Submitted By: Agent on behalf of property owner Owner: Name: DON ADAMS & SHEILA ADAMS Address: 2927 CASCO POINT RD WAYZATA, MN 55391 Applicant: Name: Dale Gustafson Company: Greendale Design Address: 1845 Wisconsin Ave N Golden Valley, MN 55427 dalegus@earthlink.net Contact Information: Associated Contact: Dale Gustafson dalegus@earthlink.net Associated Contact: Dale Gustafson dalegus@earthlink.net Associated Contact: John Smith smith3lake@aol.com Associated Contact: DON ADAMS & SHEILA ADAMS Project Description: To replace old steps to lake as it is collapsing soon and plant the steep slope to protect the bank. Land Use Application Type: Amendmend Application 0 Appeal of Admin Decision 0 Concept Application 0 Conditional Use Permit Site Plan Application 0 Subdivision Application 0 Subdivision Exception ❑ Vacation Application ❑ Variance Application El Applicant Signature: hrevigit file:///C/Users/loakden/Downloads/Land%20Use%20App1ication%20Summary%20(4).htm[5/12/2020 2:35:16 PM] Letter View PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000031 The property owner proposes to use the property in a reasonable manner not permitted by _..e Zoning Chapter. Response: The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter: 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight of the landowner is due to circumstances unique to his property not created by the landowner.: 3. The variance, if granted, will not alter the essential character of the locality. Response: 2. No - The variance is consistent with the comprehensive plan in part because it will provide a very good stair way to the lake. This point is not valid if the shim materials are called a wall and therefore not usable in the 0-75 ft area by the shore. This Ordinance limits this homeowner opportunity to consider any other way to make stairs up the bank other than a raised system. This ?no wall? label for shimming a step block could be the reason for discussion of this issue on a large number of properties on lakes like Minnetonka. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. sponse: 4. ? ?Economic considerations? are not an issue on this property, the no wall under a step is the issue. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: 5. NA ?Practical Difficulties? are addressed in below this section 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: 6. NA ?The Board or Council may not approve as a variance ? This is a problem, but can that be changed? 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: 7 NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. ;ponce: 8 NA 9. The conditions do not apply generally to other land or structures in the district in which said file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(1).htm[5/12/2020 2:35:16 PM] Letter View land is located. Response: No, the conditions do apply at least frequentlyNo, the conditions do apply at least frequently 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: 10 NA 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: 11. That is true 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: 1. 12 This is a statement of what we think will happen if the Variance is approved. 9 No, the conditions do apply at least frequently around the lakes in Orono file:///C/Users/loakden/Downloads/Practical%20Difficulties%20Documentation%20Form%20(1).htm[5/12/2020 2:35:16 PM] To the City of Orono This letter describes the practical difficulties we have keeping our shed in its current position. Our lakeshore property has a severe slope. The slope on the north side is more severe than the south side.We would like to place our stairs on the south side of our slope but the current position of the shed is in the way of where we would place the stairs. For this reason we would like to move the shed to the north end of our lake shore.We would be moving the shed to an area that already has existing hard cover so our hardcover would not increase due to this change. Our plan would remove all the other existing hardcover steppers around the existing shed. 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'I/ 44IV , ••• AO, , ,„---- •"< ', \\ V b•P' '' \\''',,,i \,... ..t.i •,,4`,, .,`. i: "- WHO.Hardcover Hoalde 75'011W Sedaaral Totell.dArea -21,132ST 11i Sten Area .98 S F DS.Area .1.1S F Total Area i JI\ , of , ` .NN ' . s ,..," .4" 110 • ,..-/1'‘ , .D' s.0'.... , -- • '•\ ,,/ ... ,/ , • s4, ., Nf" - , AV -1--- • .. 0,- ,i, -P' •P' .,.. \.: ,,,,,,",,,,,. • ' k \ V' s , , v;,•,ilb: ,04 1' ',,',,, ' ' ' '„‘" ', \ 0 \,0, '714:1 -..;-:1:--...* •iSi,""e>te::,)1 --; . . ...,... 1.:•:• ,. ....:Fv't.... ., ' • 00-4.'`R,'''•,.' 00 GRCSNT PNIPCER L1I.O10N1I1X1•1E0M1TT SET R•.L. WV YLEGENDNF .OE FWIRALSSKT COPUALTLC.EELRL-REI ALFEREVE,ARR EN A \IK 'O' X aosam x•Insuman.srt o, OLL HOLE KANO TCF TOP OF.NOATION ELEV 0 Ly " X• NNON PPR ROW..RANO R<I CIL GARAGE<CM ELEVATION ‘W . ila ‘ ,o11LOE LIN.,WONG ELEV X :.1=-9 V 1 11 COICRETE Wood. 2 ........,.......MC • CATCH BANN SAVER cornea.PONT MICRO.OJRB FLARED DO SF-CT1ON ..1"'JR,_--CONTOUR DIST. A/C UNIT I TWEE OCRIBERCOS QIIO— ccerc,.5,051a, .5LE Ty..,,,,,, TREF occoncts GUARD RAIL ELECTRIC TRAI14.1. TREE CONIFEROUS ROAN.—Dr—ORAN RI IRECTPX IAANNOLE ELECTRIC CUTLET YARD USW TREE DECIOLOJS ROIOVED—AZ—ELECTRIC LNDERGROUND TNEPHONE 11AINOLE ---a--1—FENCE MEN.<PEDESTAL —Pe—FIBER OPRO INCORNOU10 A,' U011 N. L..,PENOT. —N.—own.,vnurr nw DEPT.HOOK LP * JOEL PUMP FUEL TANK PROPANE TANN wRAAT.TILINIAN,...r1OLE _...._—a—.SANT,ILNIT.."SERISR 0 WATER SPIGOT • RFLI. VI LIONTORINO INELL ''''''''.--:: UTILITTRILD::IXIXFGROA111E4i'''''S .5.mE.,,,,,. ED OAS STC• —I—WATERMAN OAS VALVE NI CATE VALVE' eI=. — TRAFFIC SKR< GS 14111101.£ 'Cr donor' , ,-I.RAILROAD TRAMS GENERATER MI MGR.VALVE '.. RAIUIVAD=NAL HUM.HOLE FE.CROR Ma eV OATE PENSION ,,,,,,,,,N o co,No sNTR.NNoN RNsss ...N.,'RTN.N.MN Ns No,Ow or reNorlorn by rne arm.my limn aNNvolon and that I arn ado,LooNNI , su TWP-117-RGE 23..20 FILE NO AT 11 JO .1./XLC LAKE SHORE MISR CONVEYANCEIRENFORL•ROCO,IRSPRIXOOTN ''..'..."*..'...'.''''.''''....... .„,,, ....0....4, LAKE SHORE EXHIBIT ..,,,,,,,, STRICTLY PROMITEO NOHOW'SA11•IE.F.ROCOIST NO.1. 1001.01 orosswortroomoroadenox LSE NTT.,Sop NONA NO Nth day or Apol.2020 I -',.."., % SATHRE—BERGQUIST,INC. 'RR NOTIONINNTRON CONNONNToR NyLaornonTo usR mu ISO SOUTH BROADWAY WAYZATA...5091(MR).7.000 ORONO, CHECKED 8.11.1.'MEREST INOEINATTNANNENFR4CORST IkC OF Ct,.11,teRi, PREPARED FOR: ALL RESPONSENUTY SATINFREPO0u1S1 NC.RESERVES % ..„ 1.1/W.SATHIRE COM MINNESOTA DON ADAMS /11 MOVING TROIA N.OGITNNIT USN NONVOCOO INTRNORANtedue coos � - . i ) Ln LU 7:5k• • 1in CD --0.- ' - .IL - P• roposed • End of 0-75 Foot 4111111111111111r* 955 0 `, • • Shoreline Zone 954 ' co Lorn ' N • 0 • CO N r 9s ■ 951 EIv 933 FT , 'S0 5 0 •• J // P. nsers3.5ft A 1111111 as mill —_2 'nab- ___ 949. ■ ®11. C CV • was �,-.� r " tr^j ■948 .Exshru Proposed Steps 45°� �—" -� � �. Granite slabs for step ' °° sa' Remove Existing Steps Pavers for landings rs3.55 sa6 fill erosion under steps Granite pieces under �,5 ■�� �,� replant see Planting plan._... -Slabs and steps to _ , .,,, 444 ■ _.aa Shim them level. Maple Male ''V A O Ii . m 4 aple 40 Existing walls removed , illihh, 94 and new replaced v d �l?•umd 9a.5 rill / See aditional plan. S '� +� .w�►��e�938'6 ��� 33 936'6" sao �i��� y This leg Is t ere but was not on survey `..:4•::,;:111111111111611111.60. _ � . � _'■ 936 6 f itwall/ �'� .3. C�3 �CQ J s a-i �36C c c� -a 0'� s a57 risers 3.5 ■ on the first or second su• rvey. rwr Shed ' ,,;�, ' The wall starts at 36 an ends at 6 xistlrg to t ?— RectirTi oned 06 P;i ,^f Y Pavers remove•r/;. , ��rc' /t EIV 933 FT 3.5ft 41 is • -ii_�-7•1 "'"—T,-.67-4,7,47.0...�raratit� 'air v wlta �® '31 b• ti••� C ��� m u SII' 1 oar& .♦ ���"��� �y1��� Te ` ! • • • e. �� _�- _.�, \���` � 'ø4• 30 .(a� vlinnetanr�iaJ • � °' � Stair and slope detail opvlea �.-.�� a,17-.43 Shim blocks are *..:.» Pr under step slabs and do not show from top. Normal slope Side-view ,_. block is 6"thick fr" F'4s 3 ''''nits step blabs — :rn 1.•"•.°rase Mora elope reap Slope Outer eltle turn.'n- ° un have lower antler on Ne outalde. TN.req...ehv I from above. ��' GreenDale Design• Mr.&Mrs.Don Adams Lakeside Steps +Fw 2927 Casco Point Road "Scale 1 inch=8 feet 1645W sconsln Ave Np Golden-alley MN 55427 Tel 175.31544:421514.m Orono,MN 55391 . • May ii, 2020 cre,t_17V,,,,.,,.... .7,... "4 riggifo* 1 - s' ; ria I" �` - Proposed tg„p1,4,{\.:,:d.oz .,1kr.,,'.)44,..44b,-4-.-v. 4:avv."15,14.44--frpo,-04.034t434.64544,..4a41 11 40 t 1 r'k X t !, t �,�::t .! oti 443".. - /./ f� ` ,I'll i`� "-S n l /'fie li--, F'( 'Cy �I ' �.. i, .,;� i te q'5 p 1 ;MN et ' a �Y � 04 C i :,: � ; C, �,( r ` 4 • fr ^ T,� ' 1 i� {-1ti j �. r rt r r, / -"! t` ,' " s1'� a,.. i Sri` ,f f r� • r 1 ..1';'1---': xt..4r F • k'L° 160 Pachsantl ra t c'r51 rr ,,;; both trees a! t v!},Ls � '�' Annual Flowers -..J,/91.e`#•;.,` v r' r i =W J P..4`t't" ;.stir ��s�rr,,"'' S, r. fyi�c-1,. � J.GS sy,,,g0 y Fri ' 'ds 3Ys-r „vk� `' {,t+`x ?'+f±."-'. 4137.11,4e-17 ; Slowmound Mugo Pine 4 /,tluk n- '��^ 3 ,,sy�a;N � ,- z.s rF s 'rr yr y p 7/Low Scape Chokeberry r . S ,.Yit 1 - Flower ', -,-„.:-.',>•z'1`,yr ''1 Y.13 `Iii " 'Flower ' 4"--- Garden 20 Dwarf Bush warden . Honeysuckle d 6/Cool Splash Bush Honersucle 11/Ground Hog Chokeberry 5/Black Chokeberry 5/Black Chokeberry (Y Butterfly Bush Honeysuckle JSP. 4/Double play Spirea � � - 6/Blue Chip Juniper 7 r.Cs Ya:AFFi . � ®, � i 4/Taunton Japanese [ +�f.' � [ [ s®�� sr.,<r shed • ..;;'•'''---''..•••:::----;‘''''' 1 },_._ 1/Colorado Blue 23/Lowscape Chokeberry :'sting to r .--,-.-;:: ',7'''' r. -77''''NMo Totem Spruce Reconda'oned �� .c f (Pavers remove 7 s � ",1 � + NoMOwG foss �1 60 Pachysandra • ,-� .-7. o o. op o Q._/1'L (I,2a I Jo.�o°oo�J.b:• ',' •- �o:�. pl o 0.0.0p, v. o aC t0 * oo p. o..a oo.o. o o.a,. Dao:' o. 0 6 •0 . .. .0.00°.. _.. o o ' . lV -'41I�• ��`,ter eh • • ..C4S?\41nnetanka, All da G•reenDale Design:4', Don Adams L:akesld,Steps � , .s 2927 Casco Point Ro 'd k Scale 1 Inch 8 feet g;r .,£ .B = Orono,MN 55391 ',--,t'-'!,04,-.1:- May 11,2020 City of Orono iiQ-iiHardcover Calculation Worksheet 1. G�� Property Address: 2927 Casco Point Road t4'rfS Hos"' Prepared By: Sathre-Bergquist Date: 11/19/2019 SB Job Number: 31380-025 Prepared by: EMW Stormwater Quality Overlay District Tier:(Circle One) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1:Proposed HARDCOVER In the following table,identify all items of Proposed hardcover on the property,keyed by letter to Certificate of Survey (survey must accompany this form).Use as many lines as necessary to accurately depict Proposed hardcover status of the property.For Tier 1 properties,Identify any features by letter which are split at the 75'setback line and calculate hardcover square footage separately for each portion. Key to Survey Hardcover Item(Describe) Length x Width Total(Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A House Removed 0 S.F. B Garage Removed 0 S.F. C Bituminous Removed 0 S.F. D Concrete Removed 0 S.F. E Pavers Removed 0 S.F. F Concrete Removed 0 S.F. G Concrete Removed 0 S.F. H Pavers Removed 0 S.F. I Pavers inside 75'OHW Setback 32 S.F. J Stairs inside 75'OHW Setback 98 S.F. K Pavers inside 75'OHW Setback 212 S.F. L Rip Rap inside 75'OHW Setback 328 S.F. M Pavers Removed 0 S.F. N Proposed House 3204 S.F. O Stoop 77 S.F. P BBQ Patio 38 S.F. Q Upper Patio 84 S.F. R Proposed Driveway 2454 S.F. S Sidewalk 32 S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1)Total Proposed Hardcover 6,559 S.F. Excludable Hardcover(See City Code Sec 78-1684): L Rip Rap inside 75'OHW Setback 328 S.F. S.F. S.F. S.F. S.F. (2)Total Excludable Hardcover 328 S.F. (3)Net Proposed Hardcover[Subtract line(2)from line(1)] 6,231.00 S.F. (4)Total Lot Area 24,981 S.F. Proposed Hardcover Percentage[(3)+(4)] 24.94% % (Proposed Hardcover next page) This is an information packet regarding Hardcover.Every effort has been made to insure the accuracy of the information contrained herein;however,if any information is not consistent with City Code,the Code provisions will prevail. n a ^:^, 'W'^ VJ 0 '.7' .ft 1 5 S i 1 fN ! 1 9 j L• � 7 ice--- 3 ' r- °i a $ Vc rXM \ \ 3 s IY r i--'o ie 0 n F 1 . r . i _E." 7 1 J i 1 ii L i \ ,,,,,,u_ , - _________________ . 1 * i'kt y I. r I I. 2 i S 4 i , R ) ' 11 y e v 1 Ii,cn ,...______........._________,L . // , __________, 1 i I f l M1j 1 , ________________ ; .,, :f To the City of Orono This letter describes the project narrative on the scope of our new shed . Our intention is to remove the current shed and rebuild a new shed more in line with the design of our new house. We will keep the same width, length and height of our current shed. We will keep the same hardcover as the current shed and will not be adding additional hardcover for our new shed. Thanks for your consideration, Don To the City of Orono This letter describes the scope of our shed. We intend to remove the current shed and build a new shed using the same width, height and length of the current shed.We have attached before and after drawings of our shed. I have also attached pictures of our current shed. Thanks, Don ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM ,,�'} I (we) v`Ci /2 (f I of ? Co 6 fN, B�. b)e- 7i�G r� 'r" [print na hhe(s) [print address] U5.5"Yk have reyjewfed the� �glas for the proposed improvement or proposed use of the property located at Ca I.) is also referred to as Land Use Application No. DCL 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. -'�4z,� ►� L/( - l ( 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. **R*************************4**************************i********M*********************:Ott*****************************HM********* ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property 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 NO OBJECTION TO THE VARIANCE REQUEST LETTER DATE: 04/22/20 NAME: Don and Sheila Adams ADDRESS: 2927 Casco Point Rd Orono,MN 55391 Dear persons of the Orono City Council that are reviewing the Variance Application for 2927 Casco Point Road Orono,MN: I have been approached by the property owners and they have advised me of their Variance Request, and I have no objections, I hereby offer this"no objection"letter in support of their application. Granting their request will be in keeping with the intent of the ordinance and will allow for a new home that will not only maintain,but strengthen the character of the surrounding homes, particularly within its immediate context of Casco Point Road. ADDITIONAL COMMENTS: Sincerely, C'L 1 i"?.-Th -- Nancy Brown ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) I& ( 6'- eiSP of ;1.)- .zec1 [print(name(s)] [print address] U/LVk.) 55 S9. J j h ve re wed ;,e •y.ns for the proposed improvement or proposed use of the property located at � Ce tµ( . . also referred to as Land Use Application No. 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 improvem nt d that the proposed neighbor's project or use requires Council approval. C Prop; *,I -r 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. • ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I(we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property 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 NO OBJECTION TO THE VARIANCE REQUEST LETTER DATE: 04/22/20 • NAME: Don and Sheila Adams ADDRESS: 2927 Casco Point Rd Orono,MN 55391 Dear persons of the Orono City Council that are reviewing the Variance Application for 2927 Casco Point Road Orono,MN: I have been approached by the property owners and they have advised me of their Variance Request,and I have no objections. I hereby offer this"no objection"letter in support of their application. Granting their request will be in keeping with the intent of the ordinance and will allow for a new home that will not only maintain,but strengthen the character of the surrounding homes, particularly within its immediate context of Casco Point Road. ADDITIONAL COMMENTS: Sincerely, 4(4..._ Terry Petersen Hennepin Hennepin County Locate & Notify Map Date:4/27/2020 �r__ ?77� (tm gg.. h li'I - "w; t F- 3759 27401ct1 { 3100• , '. 3753 3704 ry 2824 00.1 031 M 04. 3721 F • '�---" 3650 is tom! ?a 3703 ' IIIIIIIIIIIIIkkh 4/, ' oaf ///' 709 Hy,, 2826 4 $I 3E30 .00 WI 7:4001110Pr 2874 283 5 Piay. I '"Ilk ll ' = h.� 290001 7 "t, 2912 4 =1'''I‘j;:':;::PZ;::71*-:;::::-.' ØP"! 1 ow, 2895 All 2917 2930 2905 t ' .ti.. 2uw 1T�i 1) 2G 25 451 . r.,......,-.....,' r . , ,'.'. .„'.,. , „.„. . , '.. 2618 ' R°( 1027 4./.:4‘ 2948 : 043 qai 965 m1 r '. '” _ 1631 * _ 2941 NP} ? 2970 � rt ! 4 29871r4i t• 2980 en , � � yr�` 2975 q4? � Ir 'O�nl qh1j 3'i " :-1* 4� 1 f 1'y. --irk �` �Xt: tr1 3026 7} 'y< .': 3005 al) 3 wt ,'',-f,ci-''.-4,1`,'''',.:-IT:r„....-alf-141.-i: ,4,;.V.I„t-:,..''Iltiikr-.--1-..0.,;.-';,,,,,,,.s.''''''':-„,,'''. :-,„,„',,,--2-:4!--;.,44. '',..:.--1-:1,'"--, r 3015 14' a`J . ' , a � $ 't , a 7? "� :r;. 3025 3045 > ,.4, :. h ,: ,,,....,.,,,.,:-,1, - .,,, k t 303 r Buffer Size: 500 0 50 100 200 Feet Map Comments: I t i i I i i t 2927 Casco Pt Rd This data (i) is furnished 'AS IS with no representation as to canpleteness or accuracy;(i)is nshedwth 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,M i nneapd is,MN 55187/gis.info@hennepin.us RUN DATE:04/27/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 31 0002 38 20-117-2331 0031 38 20-117-23 31 0042 ROY SCHRADER ET AL W/L EST PICHOTTA REV TRUST JONG DUK KIM&YOUNG HYI AN 38 ADDRESS UNASSIGNED 2914 CASCO POINT RD 3600 CASCO AVE ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 DONALD SCHRADER B E PICHOTTA&D J PICHOTTA JON DUK KIM&YOUNG HYI AN 3704 CASCO AVE 2914 CASCO POINT RD 4700 COVEY TR WAYZATA MN 55391 WAYZATA MN 55391 MEDINA MN 55340 38 20-117-23 31 0004 38 20-117-23 31 0032 38 20-117-23 31 0043 C A SPRINGMAN&J F KLICK EMMA LOU POWELL SUSAN C STIELOW REV TRUST 3703 CASCO AVE 2916 CASCO POINT RD 3650 CASCO AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JOHN F KLICK EMMA LOU POWELL SUSAN C STIELOW 3703 CASCO AVE 2916 CASCO PT RD 3660 FORT CHARLES DR WAYZATA MN 55391 WAYZATA MN 55391 NAPLES FL 34102 38 20-117-23 310005 38 20-117-23 310033 38 20-117-23 31 0045 R PRESLERB J PRESLER TASTES PAULA N D KANNE/RYAN G KANNE NEIL GOODWINBARBARA GOODWIN 3709 CASCO AVE 2920 CASCO POINT RD 2975 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ROBERT PRESLER PAULA NUNES DIAS KANNE NEIL GOODWIN/BARBARA GOODWIN 3709 CASCO AVE RYAN G KANNE 2975 CASCO POINT RD WAYZATA MN 55391 2920 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0020 38 20-117-23 31 0034 38 20-117-23 31 0047 PENNY J SAIKI JONATHAN A MENTH MICHELLE WILLIAMS-ABBOTT TR 2874 CASCO POINT RD 2930 CASCO POINT RD 2941 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 PENNY J SAIKI JONATHAN A MENTH MICHELLE WILLIAMS-ABBOTT TR 2874 CASCO POINT RD 2930 CASCO POINT RD 2941 CASCO POINT RD ORONO MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0021 38 20-117-23 31 0035 38 20-117-23 31 0048 CITY OF ORONO R G SORENSEN/S D SORENSEN NANCY G BROWN 38 ADDRESS UNASSIGNED 2940 CASCO POINT RD 2933 CASCO POINT RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO ROBERT G SORENSEN NANCY G BROWN P 0 BOX 66 STACI D SORENSEN 2933 CASCO POINT RD CRYSTAL BAY MN 55323 2940 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0022 38 20-117-23 31 0036 38 20-117-23 31 0049 CITY OF ORONO PAUL F JOHNCOX DON ADAMS&SHEILA ADAMS 38 ADDRESS UNASSIGNED 2948 CASCO POINT RD 2927 CASCO POINT RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO PAUL F JOHNCOX DON ADAMS&SHEILA ADAMS P 0 BOX 66 2948 CASCO POINT RD 2927 CASCO POINT RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0023 38 20-117-23 310038 38 20-117-23 31 0050 PENNY J SAIKI EDWARD PEKARIK JR TERRY PETERSEN 38 ADDRESS UNASSIGNED 2990 CASCO POINT RD 2925 CASCO POINT RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 PENNY J SAIKI ED PEKARIK JR TERRY PETERSEN 2874 CASCO POINT RD 2990 CASCO POINT RD 18077 ELM TRL ORONO MN 55391 WAYZATA MN 55391 NEVIS MN 56467 38 20-117-23 31 0026 38 20-117-23 31 0039 38 20-117-23 31 0051 STEVEN G SIGAFOOS ETAL ROY SCHRADER ET AL W/L EST ALYSSA DWYER&ERIC BIERMANN 2900 CASCO POINT RD 3704 CASCO AVE 2915 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 STEVEN G SIGAFOOS DONALD SCHRADER ALYSSA DWYER&ERIC BIERMANN 2900 CASCO PT RD 3704 CASCO AVE 2915 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0027 38 20-117-23 310040 38 20-117-23 31 0052 CITY OF ORONO J W DONGOSKE/P A DONGOSKE TODD M BALAN 38 ADDRESS UNASSIGNED 3700 CASCO AVE 2905 CASCO POINT RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO JAMES W&PATRICIA DONGOSKE TODD M BALAN P 0 BOX 66 3700 CASCO AVE 2905 CASCO POINT RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0028 38 20-117-23 31 0041 38 20-117-23 31 0053 ANGELA L WILSON PETER M GRAFFUNDER GREGGORY SMITH/MELANIE SMITH 2910 CASCO POINT RD 3630 CASCO AVE 2895 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ANGELA L WILSON PETER M GRAFFUNDER GREGGORY A SMITH 2910 CASCO POINT RD 3630 CASCO AVE MELANIE S SMITH WAYZATA MN 55391 WAYZATA MN 55391 2895 CASCO POINT RD WAYZATA MN 55391 RUN DATE:04/27/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 20-117-23 31 0054 38 20-117-23 31 0067 LD&K E ELSEN DAVID B ADAMS 2879 CASCO POINT RD 2868 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 LAWRENCE D&KATHERINE ELSEN DAVID B ADAMS 2879 CASCO POINT ROAD 2868 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0055 38 20-117-23 31 0072 ALYSSA M DWYER/ERIC BIERMANN M D BARRETT&D M BARRETT 2917 CASCO POINT RD 2912 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ALYSSA DWYER&ERIC BIERMANN MICHAEL D BARRETT 2917 CASCO POINT RD 2912 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0056 38 20-117-23 31 0073 R E WOLFE SAMUEL BLANKENSHIP 2871 CASCO POINT RD 2918 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 R E WOLFE SAMUEL BLANKENSHIP 2871 CASCO POINT RD 2918 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 310058 38 20-117-23 34 0023 D R WELTY&M M JIN CASCO POINT LLC 3721 CASCO AVE 2987 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 D R WELTY&M M JIN CASCO POINT LLC 3721 CASCO AVE 2987 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0060 38 20-117-23 34 0027 J A MARTINSON ET AL TRUSTEES CASCO POINT LLC 2970 CASCO POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 JERRY&BONNIE MARTINSON CASCO POINT LLC 2970 CASCO POINT RD S 2987 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 31 0061 38 20-117-23 42 0006 J R MILLER&A R MILLER HENNEPIN FORFEITED LAND 2980 CASCO POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 JONATHAN R&AMY R MILLER HENNEPIN FORFEITED LAND 2980 CASCO POINT RD NOT FOR SALE/UNDER WATER IN WAYZATA MN 55391 LAKE MTKA 38 20-117-23 31 0062 D ERICKSON&K ERICKSON 2740 CAROLINE AVE ORONO MN 55391 DANIEL D ERICKSON KRISTA M ERICKSON 2740 CAROLINE AVE WAYZATA MN 55391 38 20-117-23 31 0063 C A SWENSON&B B SWENSON TR 2965 CASCO POINT RD ORONO MN 55391 CLIFFORD A SWENSON BARBARA B SWENSON 1346 PONCE DE LEON DR FORT LAUDERDALE FL 33316 38 20-117-23 31 0064 T J OARE&L M B OARE 2967 CASCO POINT RD ORONO MN 55391 TIMOTHY JOHN OARE LESLIE MARIE DENNIS OARE 2967 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 31 0065 CITY OF ORONO 38 ADDRESS UNASSIGNED ORONO MN 00000 THE CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 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. SLON To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 4, G> From: Laura Oakden, Planner ��kESHo4`cc Date: May 18, 2020 Subject: #LA20-000027, Bob Erikson, 365 Westlake Street,Sketch Plan Application Summary: The applicant is requesting informal feedback on the proposed sketch plan for 365 Westlake Street Staff Recommendation: While no formal action is required, this memo will serve as a foundation for the Commissions discussion with the applicant to bring to light potential issues to be addressed prior to submission of a formal application. Planning Department Staff recommends the Commission provide feedback. Background The applicant represents 365 Westlake Street and resides in the adjacent property at 372 Westlake Street. 365 Westlake is shown to have frontage on lake Minnetonka, has right of way on three sides and one abutting neighbor(420 Tonkawa Road).The lot currently has a structure on the property. The parcel is located in LR-1A District which has a minimum requirement of 200 feet at the lake and 2 acres in size.According to Hennepin County, 365 Westlake is 1.13 acres/49,222 sq.ft. in size and roughly 58'wide at the shoreline making the lot substandard for the district. The lot looks to be wooded with a sloped grade towards Lake Minnetonka. Hennepin County indicates there may be wetlands located on the East side of the property near Westlake Right- of-Way. Proposal The applicant proposes a number of actions, resulting in a plan for 365 Westlake. The actions include: 1. Vacation of Westlake south of the current cul-de-sac 2. Provision of right of way to complete the cul-de-sac 3. Incorporating the vacated Westlake into 365 Westlake 4. Provision of easement necessary to protect public purpose (water,sewer, sanitary sewer) 5. Provision of a cash donation for'residential purposes' FILE#LA20-000027 May 18,2020 Page 2 of 3 The applicant notes in the narrative they are open to provided easements for utility infrastructure. They also indicated they would like to provide a cash donation to the city for 'recreational purposes'. Planning Staff Analysis Hennepin County determines how vacated roads are distributed,the Council must determine that there is no public purpose behind the land. With the vacation of Westlake, each adjacent parcel would presumably receive 1/2 of the right of way, or about 2,350 sq.ft. to each.The applicant is proposing to add the entire vacated road to the 365 Westlake parcel. The current lot in substandard in area (1.13 acres or 49,222 sq. ft.)and width (58'). The applicant indicated they would provide land for a cul-de-sac roughly(2,127sq.ft), removing land from the parcel. The table below summarizes the changes LOT ANALYSIS WORKSHEET 365 Westlake Action Area Existing Lot 1.13 acres/49,222 sq.ft Cul-de-sac Subtracted from lot area -2,127 sq.ft Vacated portion Westlake ROW added to Lot area +4700 sq.ft Proposed Lot Size 1.19 acres/51,795 sq.ft The property is redistributing land and still substandard in the LR-1A district (2acre/200'width) Cul-da-sac: The city recognizes a benefit to provide a turn-around on Westlake Street. The applicant's submitted survey does identify this cul-de-sac area, but clarification is needed from the applicant on how the land would be dedicated via right-of-way or easement. Staff recommends the cul-de-sac be dedicated right-of-way to allow for public improvement and accessibility as part of a final plat. Vacate Lake Access Point:The Comprehensive Plan discusses lake access points as both a function of transportation and parks. Current lake access points within the City are identified in Exhibit MAP and described in further detail on Exhibit_TABLE. This lake access is point 14 within the Lake Access table and map and is identified as pedestrian access. There are 5 total lake access points identified on Stubbs bay, with no other access points in this neighborhood. The relevant sections of the comprehensive plan are included. In the development of the 2040 Comprehensive Plan,the Council did soften its posture on responding to lake accesses vacations, allowing review of requests. The DNR must review any request for vacation of a lake access point. Currently there are three city improvements within Westlake Street. Please refer to the City Engineers Comments for further analysis. 1. Pavement. There is an improved road through the proposed vacated area. 2. Sewer. There is currently sanitary sewer infrastructure within the right of way 3. Drainage. Surface water currently flows through the property,to Lake Minnetonka. Engineer Comments 1. The proposed right of way(ROW) to be vacated currently serves as a public purpose in many ways, drainage&Sanitary Sewer, and should therefore not be vacated. FILE#LA20-000027 May 18,2020 Page 3 of 3 2. The provision of ROW for a cul-de-sac would provide and an opportunity for a future turn around to be constructed. 3. If land is needed to make up for any land set aside for the Cul-de-sac ROW,the alleyway ROW to the west of the proposed lot could be considered for vacation as it does not currently serve a public purpose. 4. The ROW leading to the lake is a lack access point. Prior to considering it for vacation, the Parks Commission should be consulted. Although not currently improved for recreation it could be in the future such as for winter access or the provision of a small fishing dock. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Commission and Council support platting a substandard property? 2. Does the Commission support the Vacating the right of way with current public improvements and lake access. 3. Is the Planning Commission comfortable with the proposed plan? Planning Staff Recommendation Planning Staff requests feedback. List of Exhibits Exhibit A. Application Summary Exhibit B. Subject Parcels Pictures Exhibit C. Sketch Plan Exhibit D. Narrative Exhibit E. GIS Infrastructure Map Exhibit F. Hillside Plat Exhibit G. Lake Access Map Exhibit H. Park: Goals and Policies Exhibit I. Lake Access Table References: a. Comprehensive Plan 4A Transportation b. Comprehensive Plan 4E Parks Letter View Land Use Application Summary Application Date: 04/20/2020 Address: 365 WESTLAKE ST LONG LAKE, MN 55356 Parcel Number: 0511723230046 Land Use Number: LA20-000027 Application Submitted By: Property Owner Owner: Name: ROBERT D ERICKSON Address: 2435 WAYZATA BLVD W LONG LAKE, MN 55356 Applicant: Name: Bob Erickson Company: Address: 372 Westlake Street Orono, MN 55356 boberickson@mediacombb.net Contact Information: Associated Contact: ROBERT D ERICKSON Associated Contact: Bob Erickson boberickson@mediacombb.net Associated Contact: Mark Gronberg markg@gronbergassoc.com Associated Contact: Project Description: Sketch Plan Land Use Application Type: Amendmend Application ❑ Appeal of Admin Decision ❑ Concept Application 0 Conditional Use Permit 0 Site Plan Application 0 Subdivision Application 0 Subdivision Exception ❑ Vacation Application ❑ Variance Application 0 Applicant Signature: file:///C/Users/loakden/Downloads/Land%20Use%20Application%20Summary%20(5).htm[5/14/2020 9:26:19 AM] r , m p�i�Kt „ 3 w, OAtv .siL .}810N. 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(xSz '`% � t" � Y �,�: * _g.�� t r. !_ / is " i git4'Y . r �. . rc • ti r , ; L •%:::'-'::':::,....'-‘'.7-!:;;;+%.';'.'.,:!.:.:,%::..".....,.' , sI X 4. • • 30 W EXISTING CONDITIONS & SKETCH PLAN FOR z t h ROBERT D. ERICKSON 0." <'- E—, <-7 W OF LOTS 14-18, BLOCK 2, HILLSIDE PARK -4 Ea W HENNEPIN COUNTY, MINNESOTA o o 8l 1 w z Of I '�' a 00 w R �ai\ s X39°52 25h EI 208.50,----,..1_ „'" h ayy;I _ ama � 0 20 40 so; \ \, '� '� • j\ I flem o ' I .•pO'' SCALE N FEET,, ia \ PROPOSE 4 +\ may. L: ,/,Vi �, CBL-D6- \ _2.--.. } ./ \\ oma'-',xae•I1°' �b,� mV"\ 3S"�' `\ 'q,A"\ \ \ 1 rp OCL \ Z 1- 1- g� .S K!\ __ _ 1 I \ \ �.,\e‘, �,� :..,..,..;;I__ e}t ,; r ` ` m} 'al I i I 7/ // I ' r,1, pf WEST CATEo, 6 it s P OP 1SEI7v LQT 1, r / %� %� pcK E d I , BLOCK 1, GENNE$A F�fi/ � / / / i i €y}$Si '''•�1 1 I / %: / / / / / LEGAL DESCRIPTION OE PREMISES: O, 1 �l, �� II // / j / )}` / / �p,,-�I 2• (per Certificate of title No.1168430) F ta e r II / I - C'j~--�---- °,us Il ,,, Allao/Lots 15 and 1h, Ea that part th Lot t the hep vacatefeal the y i1 sa 8101kfeet ing SouthBlock 2, '� v, / / I / I I / Y I Hileete Park";also the East 1/2 hofe that part of the vacated alley in said Block lying Southerly of iYy��J \ -- 1-- ---L� J L� ,- L- --- n extension across it of the Northerly line ofEy� � I r wl I I I I / / I The East line of Lot 13.Block 2.Hillside Park being marked by a judicial landmark at the point of f 11 k \ 17,,,,z,',:: /) , X / w�1 / I / / / I I �+�Ow' intersection of said East line and the Westerly extension of the North line of the South 30 feet of 3 I \ I V'A `„A 1 `-, I I I 1 I / I , 1 - said Lot 14.The North line of the South 30 feet of said Lot 14 being marked by 0 judicial landmark x I / 1 1 I I I I I / . _ at paint:n said North line,distant 191.8 feet East of the East line of said Lot 13 are established I / ^I f._, I I I I by the judicial landmarks.(See Order Doc.No. `b,, O _ �� / / ~'I lu itis 485552) p 'y G 1 I / I I I I /� �Y� '.• Also the South line of that port of said Lot 14 g North of the South 30 feet thereof is marked by b )s / 4 � �f I �c I I I I I -'T, Judicial Landmarks set l to District Court lying No.514584 and the North baundo• line of said l l q I / / c4Nin. �� rb Lot 16 is marked by Judicial Landmarks set pursuant to Torrens Case No.15570 at the Northeast antl % ? rye„ I•"� I / I l 'Z.) F ! r.. Northwest corners of said Lot 16; I I _ ( 6" I I ' EXISTING ,/ j l 11 l O 39 - S 89°52'25 E I I I I ! HOUSE a I tri I /- Ir--Y T / (per Certificate of Title No.1 Par 1ppp `` I j I j61y� 1399 / l I/ AI.,:�1 I / j �`__ Lots 17 and 18,Block 2,"Hillside Park" _ p.•y. j I \ I\ r- i 4f // / I ?V•�j .'�� j ALLEY The south boundary fine of Lot 17- ked by judicial landmarks set pursuant to Torrens Case p 1 \\ ,' / C`,/ 1 / �l No 15570;Subject to inchoate E- I 3dr J f T 1 I right by the Laws of the State of Minnesota subsisting'n . O yo 1 l \ \ ,�, •,I,,,,y /A p''8 / f / t Lisa S.Erickson as the lawful spouse of Robert D Erckson, 'zo o r /, / rso.w i r,,... 93.50 LAKE /II;%/•'�,,= a denotes ron marker ' ®' denotes Judco'Landmark 1000 - I / ;'' / j / / '�� / / I I '�I N 89°52'25" W 1/ �.._..._., k `�/•N $9°5�'25" W / -�-�- �� ) existing spat elevation,mean sea level datum L�r 1 - , �i3sol "�1 MINNETONKA (B09J. denotes 1 -) --9,7--: denotes existing contour line,mean sea level datum Flo STUBBS BAY Bearings shown are based upon an assumed datum. pNThis survey intends to show the boundaries of the above described property, Z the location of an xisling house,spot ekvations,topography,trees,o tl II visible"hardcover" and the propos d v toted street portion thereon.It does not purport to show any other improvements or encroachments. p 3 ' t/.\q n • �N i i \ ..\). NQ \ A0 ( 1-11-014:k .-- 6,,,,\„, . ,Til 0 Et:r •. rP N & \l' \ R•• H M 1��1 i 0 Q tQ.i M • ,, . ,777,..----\ R\_ •. Ni: I 2 : �Fiii".'i C \ ; Q ,(1 N r 1 N lurrilttiltll rI` ! / I JLJ . 0 /._? '9 I rAo I N I r _ 41 1 . l L.. ±1 .. L .. L � .._t . .. _. ( c�,.c� 1 'ON C7a 'o.7) J ,I VMv NQL • I- . . 1 l i Z 1..fti 4L. --....V. = My goal is to combine the land at 365 Westlake St. (PID #05-117-23 23 0046) with the south 127 feet or so of Westlake St. while dedicating land for a new cul de sac. I believe this could be accomplished by the approval of a single lot replat. The new cul de sac would be centered at the same point that was used in 1998 when I received a lot line rearrangement on the east side of Westlake St for my house at 372 and another lot at 364. At that time the City agreed to a 40- foot radius on the east side of the street.The new additional cul de sac area shows a 50-foot radius. The new portion will be big enough to provide on street parking. Since the area vacated is about .03 acres larger than the amount dedicated, the new lot, at 1.16 A. will be slightly less non-conforming in the 2-acre zone. In addition, I am offering to pay a $ 100,000 park dedication fee and to remove 2,286 square feet of pavement hardcover from the south end of the street. 59%of this hardcover is within the 75-foot setback area. I have an updated survey that shows that two of the original three houses on the site that were removed last year. Attached is an area map of Westlake Street, and a detail map showing dimensions of the proposed cul de sac. The existing "lake access" does not actually provide any access to the lake, because the lakeshore has been completely overgrown with aquatic vegetation for a number of years. It is never used because it is not possible to do so. Two separate portions of the east-west alley on the east side of Westlake were vacated years ago, the most recent in the 1990's. Further, almost every house on the street has their own lakeshore, so they would not have a use for public access, even if it was usable. Easements can be provided for drainage and sanitary sewer maintenance. At the same time, having a dead-end street of substandard width with no cul de sac causes frequent problems for delivery trucks, garbage haulers, and lawn services. Fortunately, there have not been any fires or medical emergencies, because Westlake Street is not prepared for them. These problems intensify when anyone parks in the street, which is barely wide enough for two-way traffic. When complete, the neighborhood will be well served with improved water quality, on street parking, and an appropriate terminal for the safe and convenient reversal of traffic movement. The City will also benefit from a contribution for recreational purposes. I look forward to seeing this neighborhood improvement move forward. ,° SON0. O y 332 : '� „+r.' 4-ESHO�t te � r=` y ::.. ..'f'... .''.... , _, ,7 ® Sanitary Manhole w 8 0 Sanitary Manhole(Medina) 49 '�^ 0 Sanitary Manhole(MCES) s` ,L5-5 ter: lS Sanitary Lift Station . „3 _ Sanita LiftStation(Medina) ljlr w S Cls Sanitary LiftStation(MCES) _ „ " t -.. -` Irr, •'m, , SanitaryClean Out �_. = + it.„.— sA Sanitary Termination Valve �? ' 0 Sanitary Isolation Valve `a a ► 364 Sanitary Grinder Station a " Y tlp - ! •- '� ' - , .' -1 F 0 Sanitary Gate Valve ` ' : 4'14 ' • Sanitary Gate Valve(Medina) <O mss.=: `., I Sanitary Flushing Valve �, C? 37'2 `_• ci Sanitary Curbstop t ra .- - P.•. O Air Release Manhole # ‘ -• ' SanitaryPipe 1. ! "` — Sanitary Pipe(MCES) ' .,%°'-e to n �" °' 4 " '' -- Sanitary Service Pipe .s .4 k' * .. .` = Sanitary Forcemain a. -- "tip . , t '. s • 3 +; f Sanitary Forcemain(Medina) }-; ' 3 — Sanitary Forcemain(MCES) k Storm Manhole � * a Storm Culvert s .' Inlet �/y x m..1.-7:,7. Via,0 . s.,. `` Outlet .. . ° ,. °a Storm Control Structure ■ Catch Basin # , - ` Map Name i0 _ Disclaimer: This drawing is neither a legally recorded map nor a • BOLTON survey and is not intended to be used as one.This drawing is a compilation of records,information,and data 0 70 Feet & Ni E N K located in various city,county,and state offices,and other sources affecting the area shown,and is to be used for reference purposes only.The City of Orono is not ©Bolton&Me.-' Inc-Web GIS 5/14/2020 8:59 AM Real People.Real Solutions. rrannnainle fnr ani inarrnrerler herein r��tai�ed. ! s, • t., t; ,, - ;3-i. a y < i: + „ ; • . t o v 4 t .. { • k • i - . _ W \ , �� L am , .'�ti `t• a , 2 �\ \ r 2 V, /a f t . \ ; c t si '-' i � ri 3 �'. 3 �z : ta " e C r l '; . i\ t i t s; r , i 4 ., , , .., , , , : ,,,, ,... q .„.., 9 ♦ y i 1 • ;' • •• G 1 G 4 \• : g`v , I E y7l_\ ; r * Cs, li - �. i ? /i. • I•: i pe ick V 4 °• i i F 4 -. I / • 4. 1 • �"� a .e �' : , A� i S,� E i I F „ c3 a e � �� �L 4 * = .tE w �0 e • .,I: : C S i ce 't $ i .4 4. 'l G y 2 .l ; a �� C 545 3e4-1 5 � - � N4 ; 1kl� ;�;4 is v • < , t i., -,-.. \I I(i! , \l' .) it '13 Wt • E-i W 1 ' •.--4 ‘4s st 0 1 r1 i ^ i '^ Z o +144 k i," Z • W 3 F. W I� ; zs ' �` 1 0.m.4 I N .ice .. .. .L 33.Y.Z S 33 V 7' 4 .) �Y ! ' . ! , i 4oN0 2040 Comprehensive Plan Lake Access Points M BOLTON '.- Orono,MN November 2018 & MEN K 0 rgxz.elioa° Real People.Real Solutions. navena .�. p PINIIII 1 \j Moon Turner Roaa9 ,Wayrate .. Lake' �. - sus ...,.._..201 ._.. ��. ....��..�..�..�.._. °° ._..�. �. .�� .•—••—:Lake a a - Drake Dr z . it ",� ',n z z z F _ o : n m } m "m 6th Ave N °ad 1 .. �_�..._. �....,._....,.`...._.,... o Lake m ; Sp,i, Z`\ L� ...... ,., ,. pve Classen m ;. r-Q--"�-. L lard v .4..�V. .-. Ill MOO. z - bs ` m Kelley PKt�Y 00 1'a, ..,..`l._ Painter Clilt. Z C.:/ Leng *.,., .. Lake _. _ ..»......w«.... Lake m • .,_ . I .........,,,,"..fs. Oy������ orchard Ln eO, (Onr.ak.Gfr 4y r : erm wMoline Road oeoW n • .a... .` AaY4ge 13 12 11 iiv m '• P°ad a' .._. o• ° .. m-moo _ 26 a0 1 W CY"° �a �qn o r. O re o�n 16 Stubbs 71-,-, I .o n v bio 9 15 Bay all U Fox St 3 .00aaeY Ln A ° 0 A 35 0 $ geDc m _� n Ce, oN County Road 151` :.„ 'FWY �,._/ 1A 1y ./ Ve9cm -.. _ _... "' W Branch Road North o�'..r>4. 4 a {c., Brorms °raga ( .. '.151 Arm �m Tanager Say, 1 F P_ea m�. 8le Road W l� w+ w >..,,,,.„- °: -` ,Y �� TrI` .P Maxivell �° Late Min d o SaY French a Dino/ •`` rl e _. ... D FOrast24 ra.... .. Marsh c 27 •28 3 Lake :.2111 51 1 ..._,......,._. @ r! Jennings 1♦ 25 '•" 2 oar, 29 26 201e, -::::::: :-=:.--...77-:="7:::::::::-.-...„...1=—'--------- _ .,..., ._ `' �1�� ?r ...,1k,'�U; lit �` `shore Dr a .�-_,,........>.... a ♦ ` 31 33 x c . •• - Point ,V 8 SaY �r1 m 7hrh o fI/S (N6stjq � ♦ a .,.... � .. ..,.... , ui'C�t e�Por O I Amt 32 $Crystal ,mens '''''''''':;;;;;,:,:,7:!..!;!.r., * ♦ ry __. i 1 a 1 Q t �'m 8aY .,o-,. It , „0:1._:-TA//"" �\\ 1• Arcola 'c IL " ' ♦ ,!,1"'"4",,-,""?'r° Mrnnetonka , iynwooq E VII 9evia�� �..: .... •(oBo Road1111111L- 1 ''°,'"^"‘!'-'"'" " "17- mi `O W A ern Ave ,....4,01•11•P_ a 1 $ V rm Dr North <� m at o � i ° 6 LafB tte afaYette tyO 1 ' 0.-Rutled� .._....... ... .......-........ ..�u�...._ �� , '' � ! • ric•A.Ave :,. .. � • • J•,►Lake AJu .�.. . . ..... .. .. . _. _ Legend 0 1 ah"O A Iii, °v I I A�i►B ♦ Pm Lake Access Points aq a •• C:ikewew' Lake Access rad _ �: City Limits Lakes&Ponds 36 Orman' a1 •it I D, I 474111r$1,7,-", �r$1 '� Points l-� g Say . • o I. A:. H I E I * F°�L oa Road v 2040 MUSA Rivers&Streams 3SQ G �"�f.�"� & -N. o - v & N§r 0 3,500 �•.�� 3- Casco J� n• ; ' o-T iv Feet •�� Point 1 p µDad z '2�o € Source:Met.Council,CityofOrono, '�,.,.� 1-1 Qo. �mnor =J'`*++ 'j�• Map 4E-2 ^„• is r't Hennepin County,MnDOT -: �,�' + rn 's J h J _ 'c� ..�..: l C� t�,/��� Vine St tL—ft+> LA 77"�S Ln r i� --"4-0-1-IS •' �r 1;■ CMP Part 4E. Parks,Trails, and Open Spaces Tab f°` , ; f.en Space and Trails Acreage b assifie a i'' I .,. Classification Acreage Acres per 1000 Mini-Parks 0.2 0.0 Neighborhood Parks 4.8 0.6 Community Playfields 12.6 1.6 Community Parks 160.0 20.6 Lake Access 6.4 0.8 Trails 3.9 0.5 Orono Special Use Areas 79.1 10.2 Other Orono Preserved Areas 0.0 City Subtotal 266.9 34.3 Regional Park 515 66.2 Regional Park Reserve 78 10.0 Special Use 77 9.9 Regional Trail 13 1.6 Lake Access 5 0.6 Community Play Fields 28 3.6 Community park 4.5 0.6 Regional,school and private public 720 92.5 Grand Total 986.9 126.8 Lakes 4921 632.1 Summary and Conclusions 2018 Citizen Park Survey To help inform this chapter the city conducted a parks, trails and open space survey. The results of the survey are available on the city website or by contacting the City Clerk. PARK, OPEN SPACE AND TRAIL GOALS AND POLICIES Orono's Park, Open Space and Trail Plan is based upon the following goals and Policies,which in turn are consistent with the other elements of Orono's Community Management Plans: Goals 1. To provide passive open space and active recreational opportunities to serve the needs and desires all residents. 2. To protect, preserve, restore and provide access to ecologically significant natural resource areas, wildlife habitats and open space. 3. To provide citywide bike and walking trails that provide connections between area parks, trails and open space and when possible function as a transportation corridors. 4. To identify,preserve and highlight areas of historical significance. 5. To maintain and increase access for all residents to the city's lake resources such as Lake Minnetonka and Long Lake. 6. To achieve the above goals within the financial capabilities of the City and its citizens by City of Orono Community Management Plan 2020-2040 Part 4E, Page 6 CMP Part 4E. Parks, Trails, and Open Spaces developing fiscal and management policies that support maintenance, development and acquisition of parks and open spaces. Policies 1. The city will maintain a Park Commission of appointed residents to continually assess and evaluate the current parks, trails and open spaces within Orono. (Supports goals 1, 2, 3, 4, 5, 6) 2. The city will actively encourage civic involvement in developing and maintaining Orono's parks and open spaces through programs such as adopt a parks and park clean up days. (Supports goals 1, 2, 6) 3. The City will cooperate and actively work with public and private organizations to provide additional opportunities for recreation and open space that complement existing municipal, regional and private facilities. (1, 2, 3, 4, 5, 6) 4. Orono will require land developers to provide for recreational space to serve all new subdivisions. New developments that results in increased land use density will be required to include public dedication of lands necessary for additional parks,playgrounds,bike-hike trails and open space or will be required to contribute funds for the municipal purchase,of such lands or improvement of existing recreation facilities proportionate to the cumulative effect of such density increase. (Supports goals 1, 2, 3, 6) 5. Orono will encourage the preservation and protection of natural recreational and open space amenities including lakes,marshland,wetlands,and natural woodlands on private lands though open space through conservation easements, private donations, land trusts and other preservation methods that allow the private sector to play role in preservation of open spaces. (Supports goals 2, 6) 6. Orono will coordinate with other jurisdictions, agencies and non-profit organizations in the provision of sufficient active recreation facilities and programs to meet the needs of the community. Orono will actively encourage all school districts to coordinate their programs and facilities and to open them to the public whenever feasible. Orono will actively support and cooperate with the Orono and Mound-Westonka School Districts in their community service recreation programs. The City will encourage planning for organized team sports on a community/sub-regional basis. Orono will work with public or non-profit groups to fund the acquisition and development of recreational and open space lands and facilities. (Supports Goals 1, 4, 5) 7. Orono will strive toward connectivity between the various park and open space facilities. The interrelationships between neighborhood parks, conservation areas and the rest of the park system should be strengthened through the proper location and use of green ways, trails, underpasses and overpasses. Trail connections should be provided to neighborhood parks to enable pedestrian access. Trail corridors/ easements will be incorporated at the edge of subdivisions and adjacent to major roadways. (Supports goal 3) 8. Orono will acquire additional public open space parcels as opportunities arise. The priority for City of Orono Community Management Plan 2020-2040 Part 4E, Page 7 CMP Part 4E. Parks,Trails, and Open Spaces any acquisitions will be for ecologically significant lands that abut existing park land, land that provides improved access to existing parkland and trails or land that facilitates the development of the planned trail system. (Supports goals 2, 5, 6) 9. The City's park dedication fund will be used for purchase of additional park land and/or for improvement of existing park land. Consistent with Minnesota Statutes, this fund will not be used for park maintenance or recreation operating expense. (Supports goal 6) 10. Where possible, recreational facilities will be designed to be barrier-free so that handicapped citizens have reasonable access to facilities. Orono will ensure that select new parks are constructed with accessibility in mind and to incorporate Americans with Disabilities Act (ADA) design standards with projects to upgrade existing parks. (Supports goals 1, 3, 5) 11. Orono will maintain Lake Access for all residents. With shore land abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. It is the City's intent to permanently retain for public use all existing lake access corridors and fire lanes,regardless of the current level of use or maintenance. (Supports goal 5) To this end, the City will follow these policies: • Requests for vacation of dedicated lake access right of ways will be evaluated carefully, in particular where equal or better lake accesses are not available nearby. The City will identify and take necessary action to preserve the public's right to use of any such accesses which exist but which may not have been formally dedicated. • The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. 12. The city will conduct a periodic (10 year cycle)park usage and needs community wide survey to determine if residents' needs are being met. (Supports goal 1) 13. The city will review the existing park and facilities conditions to identify needed maintenance upgrades and replacements. 14. The city will provide sufficient funding for the administration and maintenance of the existing parks, trials and open space system as part of the regular City budget levy. Other sources of park funding such as development park fees, grants, support from local organizations, private donations, will be used for acquisitions, capital improvements and major renovations. (Supports goal 6) City of Orono Community Management Plan 2020-2040 Part 4E, Page 8 CMP Part 4A. Transportation Plan City of Orono Lake Minneto ' o � P na a+ ruse d dent ID Access Name Plat Between Designated UPDATED 4-24-2018 or Street Section Address Use # Name #s Notes Brown's Bay(Lower Lake) 1 End of Orono Lane 2-S 1355/1385 Not open for public use; plat map indicates questionable abutment of shoreline Shoreline Drive - 2-S Across from Shore Fishing Hennepin County provides an informal parking area "Molly's Corner" 1410 and trashcans at this wide spot along Shoreline Drive; (Outlot A, Shoreline popular fishing spot;winter vehicular access feasible. Dragonfly Hill) Fire Boat dockage Smith Bay(Lower Lake) 2 Shoreline Drive at 10-S Adj to 1955 Winter Only Winter vehicular access allowed. Spates 3 North Shore Drive 10-S Tracts S&U, RLS 192; these tracts are on the steep at Shoreline Drive slope adjacent to Shoreline Drive; due to slope and safety issues this access point is not open for public use Crystal Bay North Shore Drive 9-S 2605/2655 No longer a public access ("Town Road") 4 North Shore Drive 8-S 3498/3510 Winter Only 30'wide platted road right-of-way at Baldur Park Road North Shore Drive 17-N 3685/3705 33' wide eastward extension of North Shore Drive east of Shadywood (Hennepin County jurisdiction) Road 5 Shadywood Road at 17-N 1998/2000 15.2' wide platted alley - closely abutting homes on Sunset Dr either side 6 Crystal Bay Road 17-S Adj to 2264 66'wide platted road extending to lakeshore;City also (West end) Shadywood owns 4 adjacent tiny lakeshore parcels to the east for an additional 200'of shoreline,over which a number of inland private parcels claim deeded access rights for "boating and bathing"... status currently under discussion 7 Crystal Bay Road 17-S 3405/3415 20' relocated alley from Railroad property to (Relocated shoreline;potential lake access from railway corridor. extension of The only known documentation is Doc.#507616 deed Bayview Place in filed Nov.10,1908 from Wallace et al to Priebe which plat of "Wallace's states that the 20'strip is"heretofore taken for street Addition...") purposes" and notes that the platted alley between Lots 18 and 19 was vacated by the District Court. 8 Crystal Bay Road 17-S 3339/3345 25' wide platted roadway; contains municipal sewer (Platted extension of lines, potential access from neighborhood and Hillside Place) Railroad/Trail corridor to lakeshore Maxwell Bay 9 Gibbs Landing-Fox 4-S Adj to 3125 Pedestrian Tax records show access as Outlot A,owned by owner St. year-round, of 3125, City has easement over Outlot, City vehicles winter maintains access only City of Orono Community Management Plan 2020-2040 Part 4A, Page 17 CMP Part 4A. Transportation Plan Stubbs Bay Ib - Ts a to iAirto �eH�yXwwa Ns aeFY , w 10 Eastlake Street 5-N 3424/3465 Winter Only 30'platted road gated March 1 -Dec. 1 11 Bayside Rd. at 5-N 3580/3640 Fishing Dock 33' platted road ("Oak Street" in plat of"Bay View Stubbs Bay Rd. Park") Also used for winter access by snowmobiles off Luce Line 12 Bayside Rd 5-N Across from NA Two 60'platted roads and one 65'platted road to the 3640,3700, Lake(Park, Spring,and Maple Streets in plat of Bay 3750 Bayside View Park;and Theresa St.in plat of Ottoville on Lake Minnetonka). These potential access points are not opened for public use. 13 Bayside Rd. 5-N West side of NA 30'realigned platted road(Realigned"Lake Street"in 3775 Bayside the plat of Ottoville on Lake Minnetonka)(See street file 3775 Bayside).Not opened for public use. 14 Westlake Street 5-N 372/389 30'platted road right-of-way extending to lakeshore; walking access only. North Arm Bay 15 Park Lane 6-S 607/649 Fishing Dock 60'wide platted road,paved to shoreline-usable for boat launch but there is no parking available 16 Oak Street 6-S Adj to 4119 30'wide platted road,not developed,steep slopes and ravine limit use 17 Baldur Park Road 8-S Across from NW end of platted developed road as it extends to 1384/1392 shoreline 18 Oak Place (Platted 8-S 3768/3818 40' wide platted undeveloped road extending from road in plat of North Shore Drive across platted Cherry Ave to "Crystal Bay DDorth Shore shoreline;mostly wetland or under water View") 19 Sandy Beach 8-S 3898/3908 Swimming 60'wide platted roadway used for City beach (Extension of Maple Cherry Ave Beach Place) 20 Grant Street 8-S 1310 Spruce/ 50'wide platted road,undeveloped 1330 Cherry P1 21 Spruce Place 8-S 1250/1260 40' wide (remaining after partial vacation) platted roadway,undeveloped 22 Loma Linda Avenue 8-N 1098/1130 Fishing Dock 40'wide platted road;also useful for vehicular access Forest Lake 23 Forest Lake Landing 7-N 4415/4440 60' wide platted road right-of-way , access not developed,walking use only 24 Elmwood Avenue 7-N South of 1199 20'wide platted road/alley undeveloped right-of-way leading to shoreline 25 "Summit Avenue" 7-S 1067/1101 50' wide platted road undeveloped right-of-way to (Extension of shoreline Elmwood Avenue) 26 "Buff Street" 7-S West side of 50' wide platted road right-of-way to shoreline, not 1453 Park Dr developed West Arm Bay 27 North Shore Drive 7-S "4795" 33'platted right-of-way corridor extension of Co.Rd. west end (adjacent Shoreline 19 plus tax-forfeited Lot 10,Block 6,"Bergquist and to Orono/M'tri sta Wicklund's Park..."; undeveloped corridor primarily border) for drainage purposes due to very steep slopes City of Orono Community Management Plan 2020-2040 Part 4A, Page 18 CMP Part 4A. Transportation Plan 4«d rx .Q, F 1UIIIV_:R 4' i $S �+ t r 28 North Shore Drive 7-S 4731/4745 40' platted road right-of-way extension in plat of at "Adams Street" "Bergquist and Wicklund's Park..." undeveloped, Extension very steep,used for drainage 29 Rest Point Lane 7-S 1340/1345 33'platted right-of-way corridor,pavement does not extend to lake 30 Rest Point Road 7-S 1405/1410 16' platted road right-of-way widens to about 40' at shoreline,paved but no boat launching available 31 Orchard Beach 7-S West of 1530 50'platted road right-of-way extends to shoreline;tree Place growth and topography limits vehicular access 32 Highwood Lane 7-S 4156/4167 20'platted alley right-of-way to shoreline;steep slope Extension Highwood Rd to shoreline,undeveloped 33 Highwood Road 7-S 4051/4075 20' platted alley right-of-way to shoreline, not Alley developed 34 Corral Road 17-N 1785/1825 20'platted alley mainly for drainage but also walking Extension Concordia access 35 Eagerness Point 18-N Across from Accretions to the 40'originally platted road in the plat Accretions 1965/1985 of"Eagerness"; title registrations by most abutting Eagerness Pt owners have resulted in dedicated right-of-way no Rd longer abutting shoreline; it appears that there is no public access remaining Spring Park Bay 36 Casco Point Beach 20-S 2871/2879 Swimming 60' wide platted road ("Carman St") used as a City Casco Pt Rd Beach swimming beach 37 Casco Circle 20-S 3195/3205 60'wide platted road right-of-way to shoreline at the south side of Casco Circle-undeveloped Carmans Bay 38 "Ivy Lane" (Ivy 20-S 3486/3508 60' wide platted road right-of-way extending to Place) shoreline east of Ivy Place-steep,used for drainage 39 "Spring Street" 20-S 2600/2618 40'wide platted road right-of-way from Casco Point Casco Pt Rd Road to shoreline along south side of plat of"Kaster Cove"-undeveloped,walking access only 40 Carman Street 20-S 2490 Carman/ 30' wide platted road right-of-way extending to 3555 shoreline,fishing dock Frederick 41 Lydiard Beach 20-S End of Swimming 66' wide platted road right-of-way extending to Lydiard Rd Beach shoreline,used as a City swimming beach Big Island A N. End of "Lawn 23-N 110 33' wide platted roadway adjacent to Lot 46, Morse Avenue" Island Park B E. end of "Tooisit 23-N 110/120 33' wide platted roadway adjacent to Lot 45, Morse Avenue" Island Park-slope makes use difficult C Unnamed Street 23-N 120/140 90' wide platted r'dway between Lots 38 and 39, Morse Island Park - City has established drivable gravel road for emergency&service vehicle access D "Bay Place" 23-N 210/260 50'+/-wide platted roadway between Lots 21 and 54, Morse Island Park City of Orono Community Management Plan 2020-2040 Part 4A, Page 19 CMP Part 4A. Transportation Plan 114, ; f11% te$. '`V6t, .5 FN hem4 d, 4„,•- E "Meadow Lane East 23-S 280/290 20' wide platted roadway between Lots 59 and 60, Extended" Morse Island Park-steep slope makes use difficult F "Meta-Comet 23-S 340 33'wide platted roadway between Lot F Morse Island Avenue South" Park and Lot 3,Morse Island Park 2nd Addition G "Massasoit Avenue 23-S 440/450 33'wide platted roadway between Lot 1,Morse Island West End" Park and Lot 1,Scrivers subdivision of Lot E,Morse Island Park-steep slope H "Meadow Lane 23-S 450/460 16'platted alley between Lots 5 and 6,Morse Island Alley" Park-drivable for emergency and service vehicles I "Pleasant View 22-S 570/600 30' platted roadway between Lot 9, Pleasant View Street" Lake Minnetonka and Lot 3,Island Pointe TRANSIT Orono is categorized as a Transit Market Area IV. Transit Market Area IV has lower concentrations of population and employment and a higher rate of auto ownership. It is primarily composed of Suburban Edge and Emerging Suburban Edge communities. This market can support peak-period express bus services if a sufficient concentration of commuters likely to use transit service is located along a corridor. The low-density development and suburban form of development presents challenges to fixed-route transit. General public dial-a-ride services are appropriate in Market Area IV. The three primary routes serving Orono are Express Route 645 and 677, which provide express service to downtown from the Mound, Navarre and Wayzata commercial areas along County Road 15, and Express Route 674 which provides similar express service to western and central Orono,Long Lake and Wayzata. The TPP's Transit Investment Plan does not show any transitway investments planned for Orono in the Current Revenue Scenario. (See Map 4A-7).To expand the reach of these fixed routes, the City will promote dial a ride services throughout the city. The Transportation Policy Plan discusses the expansion of Transit Advantages,though none are expressly identified within Orono boundaries. Given the limited right of way and the growing congestion of County Road 15 through Navarre, improvements and programs to expand Transit Advantage in the area should be closely considered. FREIGHT Freight transportation in Orono is primarily served by a Burlington Northern Santa Fe (BNSF) rail line parallel to US 12. There are no freight facilities within Orono. The BNSF rail line does not cross any roadways within the City. There are no large freight traffic generators within the City. Most truck and rail traffic is passing through Orono on trips to, from, and through the Twin Cities. Heavy truck traffic is for the most part constrained to roads under Hennepin County and State Jurisdiction. (See Map 4A-8) The development of the lake areas in Orono as seasonal recreational in the late 1800s early 1900's established many of the transportation patterns found throughout the community. In the lake areas, this pattern led to roads that are substandard to today's standards. Local residential roads are not designed for heavy freight movement. As the City expands its maintenance program, improvements to turning radii, width, and stormwater retention are considered. There are no known locations where truck access is not available. City of Orono Community Management Plan 2020-2040 Part 4A, Page 20