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HomeMy WebLinkAbout08-17-2020 Planning Commission Packet Date Application Received: 03/13/2020 Date Application Considered as Complete: The application is currently incomplete. \ILO` V . 60-Day Review Period Expires: • To: Chair Ressler and Planning Commission Members y ,� Dustin Rief, City Administrator -1kES H 0N‘/' From: Melanie Curtis, Planner MGG Date: 21 September 2010 Subject: #LA20-000022, Randy Haapala, HNH Homes o/b/o William & Kathleen Wanner 1095 Ferndale Rd West Variances+CUPs Public Hearing Application Summary: The applicant is requesting approvals to develop the property with a new home similar to past approvals.Included are variances for lot area and lot width; hardcover and building within the 75-foot setback,grading in the floodplain. Conditional use permits for filling with the floodplain; and for plumbing within an accessory building are also requested. Staff Recommendation: Planning Department Staff recommends approval. History The subject property has a history of variances to facilitate redevelopment beginning in 2009. Variances were granted, renewed, and eventually expired due to inactivity. In 2017, new owners, Bill and Kathleen Wanner, requested approvals to develop the property. Those plans were delayed and the approvals expired. The Wanners wish to proceed with construction of their home and are currently requesting similar approvals to do so. Summary Owners are requesting the following land use approvals in order to construct a new residence on the vacant property: • Lot area and lot width variances (Section 78-305); • Hardcover and building within the 75-foot setback from the ordinary high water level (OHWL); • Floodplain 15' elevation bench requirement (Section 78-1125 (a)); and • Conditional use permits: o Placement of fill within the floodplain (Section 78-1118; 78-1126(3)) o To allow installation of a full bathroom within the proposed detached garage. The applicant is still working on the revised certificate of survey to address all of staff's comments; engineering comments are attached as Exhibit G. A set of civil plans and an architectural site plan have been submitted, changes have been requested by City staff. Additionally, at this time the applicant has not submitted an updated certificate of survey FILE#LA20-000022 21 September 2020 Page 2 of 10 showing the proposed improvements. Staff's review is based on the original civil plans dated August 26, 2020. An updated certificate of survey is required. The application is considered to be incomplete and the survey must be submitted in order to proceed to City Council. As drawn,the detached garage is shown where it was proposed in a previous plan and does not meet the current required 15-foot setbacks from the property lines. Upon revision, Staff anticipates the site plan to reflect a conforming detached garage. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified the lot's size and the floodplain as practical difficulties supporting the requested variances. 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 finds practical difficulties based on the size of the property, the areas impacted by the 1% chance of annual flood elevation of the property to support the variances for lot area and width,as well as the requested 75-foot hardcover variance, and lake setback variance for the new home. The applicant has provided grading improvements which appear to offer relief to the neighbors regarding the floodplain as well as created areas of infiltration to mitigate the impacts of the home on the property. LOT ANALYSIS WORKSHEET Section 78-305;78-1279-Setbacks: LR-1A Required Proposed Rear/Street 50' house 154' house 15' detached garage<1000 sf **10' detached garage 17' house* 30' house East Side 15' detached garage<1000 sf **+14' detached garage West Side 17' house* 30.5' +70' house Lakeshore 75' +50' patio/deck Average Lakeshore The proposed home will meet the average lakeshore setback. *78-305(b)(1)Exceptions:Side yard setback. For lots that are non-conforming as to their width, the interior side yard setback for the principal building, and accessory buildings less than 1,000 square feet, 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 ten feet. **Detached garage will be revised to conform to the required 15-foot setback. No variance requested. Section 78-305 - Lot Area/Width: LR-1A Lot Area Lot Width Required 87,120 s.f. (2.0 acre) 200' Actual 55,423 s.f. (1.27 acres) 176' @ OHWL / 180' @ 75' FILE#LA20-000022 21 September 2020 Page 3 of 10 Section 78-1403-Structural Coverage: Total Lot Area Total Structural Coverage 55,757 s.f. (1.27 acre) Allowed: 11,084 s.f. (20%) Proposed: 5,416 s.f. (9.7%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Hardcover Proposed Hardcover Zone Tier Tier 1 55,757 s.f. 13,939 s.f. 13,504 s.f. 530 s.f. (25 %) (24.2%) w/in 75' Applicable Regulations: Lot Area & Lot Width Variances (Section 78-305) The property does not conform to the area and width standards for the LR-1A district where it is located. 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 request for hardcover and building in the 75-foot lake setback results in the property's inability to conform to#1 and #4 above.Therefore, area and width variances are also required in order to redevelop the property. Lake Setback Variance (Section 78-1279) and 75-foot Hardcover Variance (Section 78-1680) The applicant is proposing to construct a new home with lakeside patio on the property. A detached garage is also proposed. Previous variance requests have been granted for similar encroachments due to the difficulties of the property including floodplain, lot size,topography, drainage, etc.The applicant is proposing to encroach as close as±70 feet to the lake with the home where a 75-foot setback is required. This encroachment is consistent with previous approvals on this property. The overall site hardcover level is conforming at 24.2%. The proposed patio and deck are partially within the 75-foot setback. Of the 13,504 square feet of hardcover proposed for the site, 530 square feet is proposed within the 75 lake yard. Conditional Use Permit for Plumbing (Section 78-1437) The Code provides for installation of plumbing, including a bathtub/shower, within an accessory building provided the building is conforming and a conditional use permit is granted. A restrictive covenant is also required which restricts the use of the accessory building. The FILE#LA20-000022 21 September 2020 Page 4 of 10 applicant is proposing a full bathroom in the upper floor of the proposed detached garage. This building will be used primarily for storage with the upper floor to be utilized as a flex space for the homeowners. Conditional Use Permit for Floodplain Mitigation Grading and Elevation on Fill (Sections 78- 1118; 78-1125; 78-1126) The regulatory flood protection elevation (RFPE) for Lake Minnetonka is 932.5 feet (or one foot above the 1%annual chance flood elevation; 931.5' + 1' = 932.5'). All structures must be elevated on fill so the lowest floor(including crawl spaces) is elevated at or above the RFPE. The home is proposed with a crawl space at 932.5 feet.There is a typo on the civil plans incorrectly noting the crawl space elevation at 832.5 feet,this will be shown correctly on the certificate of survey and revised civil plans. FEMA regulations and the City Code require that the grade around any building elevated on fill to have an elevation of no lower than one foot below the RFPE or in this case 931.5 feet for at least 15 feet around all buildings elevated on fill.This project does not provide that grade spacing, rather is reduced to approximately 9 feet in some places.This is not uncommon on the smaller lots within the City; a variance to 78-1125(a) is required. The low floor elevation and further details for the detached garage should be provided on the revised civil plans and certificate of survey. It appears a minimal amount of fill material will be brought in to the property to accommodate the proposed grading plan. Most of the material is planned to be reused on site. The Minnehaha Creek Watershed District (MCWD) will also be reviewing the proposed grading and mitigation plan to assure the overall volume of flood storage has not been diminished. The MCWD's regulations require all low openings on buildings to be one foot higher than the RFPE or 933.5 feet.The proposed plan appears to accomplish both goals with a proposed first floor elevation of 936 feet. The architectural plans must be updated in order to reflect the crawl space and for verification of the MCWD's low opening regulation. 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. FILE#LA20-000022 21 September 2020 Page 5 of 10 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 lot width and area variances requested are consistent with the general intent of the Ordinance. The lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1%annual chance floodplain are located toward the lake. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of portions of the proposed home on a substandard lot within the 75-foot setback appears to be reasonable;the floodplain grading appropriately elevates the home and the required 15-foot grade elevation is met on areas of the plan, in order to provide the full protection intended by the Code,the entire building should meet the standard, providing flood protection as intended. b. There are circumstances unique to the property not created by the landowner; The major presence of the 1%annual chance floodplain on the property creates increased difficulties in locating a conforming building elevation and location.The new house will be properly elevated out of the floodplain based on the required RFPE. However the necessary 15-foot bench around the home is not met in all areas.The sub-standard size of the Property was not the result of actions by the landowner.The natural high area on the property is more toward the lake necessitating home and patio placement partially within the 75-foot setback; and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood;the lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1%annual chance floodplain are located toward the lake.The hardcover is mitigated by the proposed landscape plan for the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have alone 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 residential 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. FILE#LA20-000022 21 September 2020 Page 6 of 10 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The substandard lot area and width of the Property is not uncommon in the surrounding neighborhood.The presence of the 1% annual chance floodplain on the property creates increased difficulties however, if the building pad is reduced it is possible the building can conform to the 75-foot setback limiting improvements toward the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property to the east has a higher grade than the subject property.The two properties to the west have similar floodplain challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variances will provide relief to the Owners regarding the lot size and floodplain on the property. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety,comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The size of the Property;the floodplain/topography create practical difficulties affecting the Property;the variances are necessary and not merely serve as a convenience to the owners. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit(Section 78-91.6) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The proposed uses are consistent with the permitted uses for the Property, and are compliant with the zoning code and comprehensive plan. a. Plumbing within the accessory building:The bathroom within an accessory building is contemplated and permitted in the zoning code with the required protective covenants; and b. The proposed grading:The grading shown in order to elevate the home and portions of the property above the 1% annual chance floodplain is residential in nature and complies with the intent of the code. MCWD approvals are also required for the floodplain mitigation shown. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The detached garage where the bathroom will be located will be otherwise conforming in location, and height on the Property.The proposed grading is residential in nature which is consistent with the permitted uses for the Property. FILE#LA20-000022 21 September 2020 Page 7 of 10 3) Adequately served by police,fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; This statement is true;the proposed detached garage with plumbing will be connected to City sewer and private well. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; Regarding the import of and movement of fill material and re-grading of the Property, once completed,will have no impact on surrounding lands.The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood or the lake. The detached garage building is rural residential in character,will be architecturally consistent with the principal building, and its use is expected to be compatible with the surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The detached garage will have a residential visual character in keeping with the proposed home and is expected to be compatible with the surrounding area. The proposed grading activity will help to slow runoff from leaving the Property and impacting neighboring properties. The floodplain mitigation proposed will not result in a negative impact to neighboring properties or the lake. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The Applicants are proposing to substantially regrade the Property to mitigate filled floodplain areas for the building site as well as facilitate better stormwater management. It is likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and monitored closely by the City's engineer and MCWD staff to assure that proper grading is conducted and that adjacent properties and the lake are not adversely impacted. The architectural styling of the building will be residential in character and consistent with that of the proposed home on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the structure for garage storage and flex space is not expected to have any adverse impacts. No information has been presented to indicate such. FILE#LA20-000022 21 September 2020 Page 8 of 10 The result of the proposed grading will enhance, rather than change,the intended residential use of the Property;there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However, active grading of the Property can have a temporary adverse impact on neighbors.The grading work on the Property as well as the further construction of the residence could result in noise, dust,vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped; it should blend into the Property. The project,once completed, should not result in undesirable views requiring mitigation. 11) Not create a nuisance which generates smoke, noise,glare,vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The result of the proposed grading will enhance, rather than change the intended residential use of the Property;there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However,active grading of the Property can have a temporary adverse impact on neighbors.The grading work on the Property as well as the further construction of the residence could result in noise,dust,vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. The proposed detached garage with plumbing is not expected to cause any of these undesirable impacts. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion,or unsafe access; The grading project will be monitored by the MCWD,the City Engineer, and planning staff so as to minimize nuisances during the project. It is anticipated that the proposed detached garage with plumbing will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed detached garage with plumbing will not affect these features or have a negative environmental impact. The project is being designed to take into account the natural,scenic, and historic features of the area and to minimize environmental impact.The long term effect of the project should result in minimal environmental impacts.The project will be monitored by the City to prevent erosion from the site. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; There should be no FILE#LA20-000022 21 September 2020 Page 9 of 10 lighting or glare resulting from the grading project;the applicant shall be advised of the lighting requirement regarding the home and detached garage; and 15) Not detrimental to the public health, public safety, or general welfare.The grading project will be monitored by the MCWD,the City Engineer and planning staff so as to minimize nuisances during the project. Staff believes this criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. 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 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 Planning Staff recommends approval.The applicant has demonstrated practical difficulties to support the requested lot area, lot width, setback and hardcover variances without generating neighborhood opposition.The FEMA and City floodplain requirement for a 15-foot elevation bench around the home should be achieved, as there is adequate space on the property and the grading plan can be modified to conform. The proposed landscape plan offers additional infiltration opportunities offsetting the hardcover and structure placed within the 75-foot setback.They have satisfied the criteria for approval of both of the requested conditional use permits. A covenant should be signed by the property owners relating to the plumbing within the detached garage. A haul route will be required with the building permit. The Staff analysis has indicated or assumed a number of updates or revisions to the plans as submitted. The Planning Commission could table action to allow for review, or if comfortable with the level of detail provided for the current review, could provide a recommendation to the City Council. Regardless of Planning Commission action, prior to City Council review the applicant shall provide updated civil and architectural plans in addition to the required certificate of survey, and documentation from the MCWD showing approval of the floodplain mitigation plan. FILE#LA20-000022 21 September 2020 Page 10 of 10 List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Exhibit C. Existing Survey Exhibit D. Site Plan—Annotated by Staff Exhibit E. Civil Plans Exhibit F. Architectural Plans and Elevations Exhibit G. Submitted Hardcover Calculations Exhibit H. City Engineer Comments Exhibit I. MCWD Email Exhibit J. Property Owners List Exhibit K. Plat Map References File#14-3695—Resol Nos. 6463 & 6679 File#17-3918—Resol. Nos. 6759 & 6833 File#LA19-000030—Resol. No. 6971 Land Use Application Summary Application Date: 03/13/2020 Address: 1095 FERNDALE RD W WAYZATA, MN 55391 Parcel Number: 0211723430023 Land Use Number: LA20-000022 Application Submitted By: Agent on behalf of property owner Owner: Name: WILLIAM F WANNER JR Address: KATHLEEN A WANNER 1204 CHESTNUT AVE MINNEAPOLIS, MN 55403 Name: Randy Haapala Applicant: Company: HNH Homes LLC P Address: 901 Twelve Oaks Center Dr. Suite 903 Wayzata, MN 55391 Randy@hnh-homes.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Variances, CUP, and IUP for New Home - (Ref Resol 6833 Approvals) Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: PP g �oNO CITY OF ORONO y� PRACTICAL DIFFICULTIES WORKSHEET `gKESHOi�G FOR VARIANCES Minnesota State Statutes Section .462 357, Subd. 6(2) and City Code Section 78-123 require that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis the City uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code variance or exception,you have the burden of proving that the variance is justified. The information you provide to the City is what is used in determining a denial or approval recommendation. Do not fill out this sheet. There will be space within your online application to provide these criteria. 1. "The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter." CO$4.51Rk)cz t om ItZ LE E=AMtty H0"e O,V A S J35'r mNL RD Lot 2. "The plight of the landowner is due to circumstances unique to his propertyof created by the landowner." L Crt I S U OVE. 'z. MSN . t I ZE Kc Batu 1 t�.E.r�Ests A I'LLEMA"[ I* t•Et.0‘41 'E 1 3. "The variance, if granted,will not alter the essential character of the locality." "H Wat. fiRrect1 ON AL-c wlx.t to oto meAcitt."Economic considerations alone do not constitute practical difficulties if reasonable use for the property ,e,�xi•sts under the terms of the Zoning Chapter." L-CT (5 -'J . -J'T� U�CPa13'1- (14 AN P & A aF yirn I A.t_ ,J5 tRvc-t-N oN S. "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 §216C.06, subd. 2, when in harmony with this Chapter."(5 A-NA 6. "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." FRn4ERT1 Gv TL"( 2vNE.p RESIPe>-4"MAL 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." -51NGth 0-Mtl.y Pte. S L..Li1J6, 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." 5.4)\, .._ As 9. "The conditions do not apply generally to other land or structures in the district in which said land is located." cs .r . As 2-) 10. "The granting of the alication is necessary for the preservation and enjoyment of a substantial property right of the applicant." C,01.t57142 CS tOt• O tiJtcW 44Oms. caNE-o'P Fpm `1se. ykf 11. "The granting of the proposed variance will not in any way impair tiealth, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code." cp9Sit ems Y‘e 5A-Fer, cove fr\na-t, aF c41,1 12. "The granting of such variance will not merely serve as a convenience to a applicant, but is necessary to alleviate demonstrable difficulty." t ',! 4 C"' 4$114)C.- All.oW Of-1 L11 Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria,describe the practical difficulties preventing compliance with Zoning Ordinance requirements. January 2020 i / p '\ o� I &,?. -1/6 , 0 O� o z Qv,PQ,F �i 55718MEASo' ca \• ebb_ h. 6 Ni i __ ` cd. Jf ��, i 68°24 21"(MEAS) c- %�° 68°43'1R1-S1372) 1% 43�g 1372) y�� jd \ 'S.' 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FA.e,Hr..- /:--2 ' ,b \ &111),, .) \ - - \\ \ 6 b • - �\ \ ,fr / \�*** \/ \ / M/ c „ ., /. \ x // N \/ / \/ / Ln ) / // \// . / 0 \ / // / // / / / / ' �/ 1,70) //• / / * 7 00 �j cow / / � r) A / • • / CO/ '•. • Lo/ � i,./ Q• � Qco ;Av , " /, co 0 - / :4$* / • / AD • 4Z � � � iv / / V� ,/ / / / ---------/1 --t--i 7 / / I e / \ /c7r 0 am. / < l':( MD \ l\ / C X // // \ / // I O / / / Co // / / 00 N) O / // °1 N) / N� // // (r) / / \ / / 00 / / 1 / / 2 \ \ cl, Ln \� // / _No / ,/ 0 / co C604 STORMNN _ _ FER P C700 CIVIL DETAILS .y y .71'"":"'711V,'9 VI' fr \/ RIM 929.9 .«i "+ > ` " / WATER L% , "''g p'C' is s OTTOM=92 �y L� ,..i' / G HET1C, S'1'RUCTURAL, ON AND SEDIMENT CONTROL 3 UNDERGONE FINAL STABILIZATION N HAS BEEN ESTABLISHED, MINIMUM I' IS 70% COVER, MAINTAIN ALL OL DEVICES UNTIL 70% EYED. CONCRETE BATCH PLANTS LIC RIGHT-OF-WAY. UNDER NO )UT WATER DRAIN ONTO THE PUBLIC -STORM SEWER. CONTRACTOR SHALL )ING DESIGNATED CONCRETE ,IES WITH MPCA REQUIREMENT. [ENTS ARE TEMPORARY. JSION CONTROL ELEMENTS PRIOR TO ACTIVITIES, MAINTAIN IN GOOD JCTION AND REMOVE FROM THE SITE PAVING AND TURF ESTABLISHMENT. PLACED ALONG THE PERIMETER OF ION CONTROL SHALL BE PLACED SO FISTING PAVEMENT OR DRIVE LANES METHODS OF EROSION CONTROL NTRACTOR'S RESPONSIBILITY TO 'APPROPRIATE TO THE SITE H MEETS THE CITY OF ORONO AND ,LLY SHOWN ON THE PLANS FOR �D IN THE MOST APPROPRIATE EXISTING PAVEMENT AND/OR CURBS RENT AND/nR CURBS SHALL BF PAID TOR. SEE DETAILS AND ;MPORARY SEED AND MULCH ON N 7 DAYS AFTER ROUGH WITH ANNUAL RYE SEED AT MULCH FIBER AT 45 LBS PER RT AND/OR DEBRIS FROM BEING TRANSPORTED OFF-SITE �R. CONTRACTOR TO VERIFY AT ORM SEWER SYSTEM IS CLEAR S AND IS FULLY FUNCTIONAL. rn 4 99 Ev \ t po co / C - ' , ') o �7Qv /\ \ m / d /-�3 .fib �� / d \ o '`H o g� a ` cn \ / \ / Ii _, _ \ 0 r / / ,p.',,,, , C "� / � `Jr c • 'z � p r' l J A) /—_ — t l.-to — — / ,,,,,,, ,,.‘',, ,:...,;;X: N . y 'f \ \ y f /4,A -77-�—� _ -- \ 7 � , \ A_ z�� 1 O _ `n&\S'Z 6 : \ I \ / x n\ /,,a v \ \V �7d �� _10 ,`.7 \.3- '�\\ ' \Y 1 3 r \ '_ , 1 v \ >> AA \-�S �m s i � \ � o5LC �� J _ �/� / \ \ 3 \ Ln O' i o s \ }°\, Z' o \ 0 CI 0 C9 s \ \ Z Z Q / \ \\ cn f- QMU \ \ \ /2'4 x / \ ,... ,Nii < ,... ac9,, ....: :,,,, , - LAJ Cric.. z_\ v \ N s) NIIIIIIIIIIIh\ / i / \• ` \ `\\ 9?\ \ \ �� � o -----0 , • M � 1 /� v> ••.''..• " ► \ it- ,,,'<7'1)-(.. IIIIIIIAk -0 ins i,1,, % '0"),IIIIIIIIIIIik _1 ii '� N \ n i i Imo, \\- IN 4 O / ~ oma ----' � s w W \ G d� VOL,.. ZO LIj Z�Z J �0 0 � w \ w00<6 Ce j � C� Z\ m O \ N 0) O O �— _�® N \ J �� 7x � s Q `° p_ .7', -/ A ��T IIIIIII1 11( , ROPOSED 8" STORMI,_ . X9 o�RAIN OUTLET LOCATION, ' X9 `°E` 34.8 VERIFY IN THE FIELD I/ C� 934.0 OE INV=930.0 / 7j ;,0" o • SEE DETAIL 6/C700 \ 18" FLARED END ; • ' INV=930.00, SEE93o.9X 11611 -\\ 1.4, N44444 DETAIL 5/C700 •�A \ / ����� .7 eV' \ * /% cEDAR7 All- /111r 2 •34.3 X004 //// VW' f 9343 1\ \ \ 1 \% 51 LF 18" RCP • STORM 0 0.00". i Ob / 934.0 . 9 0 X /1., ,,'' e,- 930., 4 /;:r---------;-) 44 / •34.0 '"`z/ ..r V /rn � � 933! � o�-)1114/111W'' �o 18" FLARED END INV=930.00, SEE `� DETAIL 5/C700 100401/110r�Je RIM 933.58 cj CB SEE DETAIL � iii QP��� 2/C700 PROPOSED 4„r. �� WELL 50 FT ,� 4111P / /Or 936.2• SET BACK I�� 410.--411111 Vi T X93, / PROPOSED WELL ►LL BE DESIGN BUILD BY CONTF OR. INSTALL / / _,,_, o , . lipt 414 3 5 Wilk. At f 7 D RIM 935.? A CB , . iSE��,DETAIL 2/C700lir RIM 9.5. '1E SEE I ETAIL 2 . 00 SI 3.•8 X°� / . 4 SEE DE ► 2/C7`0 -PROPOSED 8" STORM/ / i DRAIN OUTLET LOCATION, / �' VERIFY IN THE FIELD / j4: INV=930.0 v! X9.30 -k,, SEE DETAIL 6/C700 � \ 35. 6 5• 6 _ ��� 35. 6 x93a133 . 8 J CB •.4,....t.2i. 35.9 RIM 936.0 \ ` SEE DETAIL 2/c7o\ 5.9 ZA P4o \ 36. t 14, • /o Po \A yit , �F �q O 6.o R �tiL. /V x 4 •r. q, .. � / /-F. "L'Ait �A<90 6 Oh, tri-. ... ,.. ._ i'7 ,, CB �. RM 936.0 /.4 , OD ���►�� RIM 936.0 83,1--<-.6"n SEE DETAIL 2/C700 441 �� SEE DETAIL 2/C700 �•Sn o �� X930.5 / � � � �� / X 93.4 k. CB / 3 6.0 SIM 935.5/ / K r` `/ \ •� SEE DETAIL 2/C700 / �., Alp � X931 .5 N/14111 /� CONTACT PI ADDRESS: TELEPHONE: EMAIL: PARTY CONTACT PI ADDRESS: TELEPHONE: EMAIL: BUSINESS: CONTACT PI ADDRESS: TELEPHONE EMAIL: C BUSINESS: CONTACT PI ADDRESS: TELEPHONE: EMAIL: ALTERNATE PHONE: EMAIL: NOTE: CON PLAN SET K BE PROVIDE( IOR TO DISCHt .. THE E TREATMENT )BTAINED IN THE B. CONTRACTOR SHALL ENSI THAT ALL PERMANENT STORMWATER TREATMENT SYSTEI ,RE 0 ENSURE ADLL,LJATE TREATMENT. CONSTRUCTED IN ACCORD _E WITH THE REQUIREMENTS OF THE NPDES PERMIT. A MANNER THAT DOES NOT CAUSE C. CONTRACTOR SHALL REMOVE ALL TEMPORARY SYNTHETIC AND STRUCTURAL BMPS. :D OVER AN ACCEPTED ENERGY WATER OR DOWNSTREAM RECORD AVAILABLITY AND RETENTION: >NTRACTOR SHALL HAUL THE -THE CONTRACTOR SHALL MAKE THE SWPPP, INCLUDING ALL CERTIFICATES, REPORTS, RECORDS, OR OTHEI INFORMATION OF THE PERMIT, AVAILABLE TO FEDERAL, STATE, OR LOCAL OFFICIALS WITHIN 72 HOURS UPO 'ATER TO THE BEGINNING OF THE REQUEST FOR THE DURATION OF THE PERMIT AND FOR THREE YEARS FOLLOWING THE SUBMITTAL OF THE '0 THE SITE IN A MANNER THAT NOTICE OF TERMINATION. -THE CONTRACTOR SHALL MAKE THE RESPONSIBLE PERSON, TRAINED AS REQUIRED BY THIS PERMIT, AVAILABLE ON SITE WITHIN 72 HOURS WHEN REQUESTED BY THE MPCA FOR AN ONSITE INSPECTION. G INSPECTIONS AND MAINTENANCE: JTROL BMPS THAT ARE INSPECTION AND ENTRY: ZEPLED, OR SUPPLEMENTED WITH -THE CONTRACTOR MUST ALLOW ACCESS AS REQUIRED BY STATE REGULATIONS FOR REPRESENTATIVES OF WISE WISE IN ACCORDANCE WITH THE THE MPCA OR ANY MEMBER THEREOF WHEN AUTHORIZED BY IT, TO ENTER UPON THE PROJECT SITE FOR E ANY ADDITIONAL EROSION THE PURPOSE OF OBTAINING INFORMATION, EXAMINATION OF RECORDS, OR CONDUCTING SURVEYS OR IRS OF NOTICE FROM MPCA. INVESTIGATIONS. ( 7 DAYS DURING ACTIVE TREATER THAN 0.5 INCHES IN 24 NOTICE OF TERMINATION: CTION MUST BE RECORDED IN -PERMITTEE MUST SUBMIT A NOTICE OF TERMINATION (NOT) WITHIN 30 DAYS IF ONE OR MORE OF THE TRACTOR. MAINTENANCE MUST BE FOLLOWING CONDITIONS HAVE BEEN MET: T. CONTRACTOR'S RECORDS MUST 1. FINAL STABILIZATION HAS BEEN ACHIEVED ON ALL PORTIONS OF THE SITE FOR WHICH PERMITTEE IS RESPONSIBLE INCLUDING THE REMOVAL OF ALL TEMPORARY MEASURES SUCH AS SILT FENCE. 2. ANOTHER OWNER HAS ASSUMED CONTROL OVER ALL PORTIONS OF THE SITE THAT HAVE NOT ACHIEVED FINAL STABILIZATION. CORRECTIVE ACTION. COMPLETING MAINTENANCE 8. CHANGES TO SWPPP -THE PERMITTEE MUST AMEND THE SWPPP AS NECESSARY TO INCLUDE ADDITIONAL REQUIREMENTS, SUCH IN 24 HOURS. ADDITIONAL OR MODIFIED BMPS, DESIGNED TO CORRECT PROBLEMS IDENTIFIED OR ADDRESS SITUATIONS THE INSPECTION, A RECORD OF WHENEVER: SCHARGE MUST BE MADE, AND THE 1. THERE IS A CHANGE IN DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE, WEATHER OR SEASONAL SETTLED, OR SUSPENDED SOLIDS, CONDITIONS THAT HAVE SIGNIFICANT EFFECT ON DISCHARGE. INSPECTION IS REQUIRED WITHIN 24 HOURS SHED. OF A RAINFALL EVENT GREATER THAN ONE-HALF INCH. 2. INSPECTION OR INVESTIGATION BY SITE OPERATORS, LOCAL, STATE OR FEDERAL OFFICIALS INDICATE THE SWPPP IS NOT EFFECTIVE. NSPECTIONS CAN BE REDUCED TO 3. THE SWPPP IS NOT ACHIEVING THE GENERAL OBJECTIVES OF CONTROLLING POLLUTANTS OR THE SWPPP "OR FOR MINIMUM PERIOD OF 12 NOT CONSISTENT WITH THE TERMS AND CONDITIONS OF THIS PERMIT. JNOFF OR PRIOR TO RESUMING u1ES FIRST. 4. THE MPCA DETERMINES THAT DISCHARGE MAY CAUSE OR CONTRIBUTE TO NON-ATTAINMENT OF ANY ITENANCE OF BMPS UNTIL ANOTHER APPLICABLE WATER QUALITY STANDARDS OR THE SWPPP DOES NOT INCORPORATE THE REQUIREMENTS RGONE FINAL STABLIZATION AND AN RELATED TO AN APPROVED TOTAL MAXIMUM DAILY LOAD (TMDL). AINED BY CONTRACTOR ACCORDING 9. SWPPP CERTIFICATION: ) IN ACCORDANCE WITH THE - THIS STORMWATER POLLUTION PREVENTION PLAN WAS PREPARED BY INDIVIDUAL(S) TRAINED IN ,/ O / J � \ N' ___. j � \ \, _____ ,,,,, .„...,.:: ._ , \ / \\� o d� y' N \ \ �� —� -- — / c), .R- ,',-- - s.. / - ''S frA .- \ \ #1 x ,<:, \\ \\ �J6 ,,(,s\ CO \ ,.-. \ c!,,,,>:---) \----- N d- 0 C1- ��, I \)_--\-- / /\ 'ti % \� \ \� Do Q \ l / / \ 6 Of,alk& / 6 '1O 9d�\ 0 \ O Cr \ IX ti Z \ n Xi ' \ N / \\ \ \ O \ N r /, 9 — _ \ ,,N ,., --, , ii. , \ % _ , \o L\ \�� �� . 0, \ ( \ \ / NN rn \// x !`\ �/ \ \ N / O ),<, 'CN si ib <-. \ \ 0 \ o o_ o N r"-----------___._ __ \ 0 co 0 N x 0 d o o \ ov m ` m 0 0 x __.p x (N \ N \ a' 11 6) -0 N o x \ X \1- \ 11 Lj II/ \ rn N N.N / o + ��\ ----- v x / �\ 0 -� /\ -7 \ �:.� ��„ , � // O 00 x LL0 N 0 0 /rn N 0, a, N \ O (N / / \ O N / S N 7 - ',,-; / .:.:.:.: :.:.:....:.:.:.:.::::. sretw. ----_, y, -p \ \ •"-- :931.1 �P v / f / �'i�* */ / , 7\ \ .. • J / / X930.4 S \ : ��'0��..4 • / PG �0" ,. \'''''' //. / 2*, / 3008 930.9X . ?ir.:(i:?' , CP / ...:•:.:••::::......:.:.:.:.•••••.:.:.::. 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CB INSERT Oi�i�i�������i►O�►�►0���9 F O I ��►bi�i�(. • FILTER CLOTH 1 ss ';` § It 1 '�=;:r, ' I OIL ABSORBENT PILLOW SHALL SKIRT (DEPTH O 1 �����������p��������������►��� %f%%::,, VARIES „y',: ,,-. BE PLACED IN THE POUCH ON ) '� THE BOTTOM. ATTACH PILLOW O H !` •, ,`// TO TETHER LOOP O 11 �i�i�i�i�i�i�i�i�i�ii •i�i�i� 1 o I / �'� O 1 1. • • DUMPING STRAPS O I 1.46410 i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i CATCHBASIN o I:�•����i�������������������� MANHOLE BALLAST CHAINO '�.�:��:�:�:�:�:�:�:�:�:�:�:� CHANNEL O E, o BOTTOM III N z =NT PILLOW SHALL BE REMOVED AND REPLACED WHEN NEAR SATURATION. D BAG II AS MANUFACTURED BY DANDY® PRODUCTS. INC. SKIRT CONNECT =NT CATCHBASIN EROSION CONTROL INSERT METHOD OR PRODUCT MAY GROMMETS IH PRIOR APPROVAL FROM ENGINEER. LTCH BASIN INSERT 8 FLOATING SILT CU NO SCALE 0604 0 NYLOPLAST DRAIN BASIN WITH DOME GRATE (1,2) INTEGRATED DUCTILE IRON GRATE TO MATCH BASIN O.D. \ (�/1I111��' Ff TOP SO MINIMUM PIPE BURIAL DEPTH PER PIPE 1 I _ (5) ADAPTER ANGLES VARIABLE INVERT HEIGHTS MANUFACTURER 0°-360*ACCORDING TO PLANS RECOMMENDATION ACCORDING TO (MIN.MANUFACTURING TAKE OFF) REQ.SAME AS MIN.SUMP) � �6 MINIMI, ;r R of 4 DEP MAN ;��� }, MAN RECO • .-k-,/ • • co • I . . • --_-, 14// • • / \. • r • . • - . :. ii i• . \ i ,, • / • • 1 T kM1 �edule 1 t T4). • :' I / 10 PS,I..4!1 ". I11I ;6 �C af y a -_I • l I �1r. IOro. .yx � • 4 ' M L F h -f v >7 ,•1; .I ' w+i'tit ' b ; T'f / h � , F .I I (I • //41, I �r�" Cr. f i I //S% � I I • / �' I' t m s. / ti I I • % I I I � v I JUL' 1 i Isle - • J /f EXISTING • �I / �o` -- ..-_ BUILDING . !"- - . • i i • / • I l � eS- . ,�� f • • : 10 !' \ N ‘� . I w O mini:at I = .ti? to { - —. —. _- —. —. —. —• —. �. �. —. — N I I II Ncn � o O5 � pps ; U O§ CM 8 er ca. 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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 B Rouse 1R�UL� 32to S.F. c}I1tAD C r�VE�� '�-"EN,ACE lifo x l3 Z..o S.F. S.F. )w- FC� ' k`7' X 33 alqa S.F. DRl y ets.14.1/4/ Intra GuLAR.. 2.t Oc.. S.F. G Cts t H cJ EGL.Ag. p� S.F. N EWA. st t?EuJAL-S it S.F. I 9,_ T ,___ 497 S.F. J S.F. K S.F. L .1 ICiR lA _ X30 S.F. �5� lv N D" i t 34-2. S.F. 1 L o t0,$ ` S.F. 7 '�{iS P h�N e C�\J T S.F. C S 0 )S.F. Q [t.I LL�.)l eJ 1�t At btu / S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover l 3,c 4- S.F. Excludable Hardcover(See City Code Sec 78-1684): 1 S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover --0 S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)J 3 (4) Total Lot Area r'� -'cj c,1 SS.F. S.F. l Proposed Hardcover Percentage [(3)+(4)) 24-- Z % 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 9 of 9 From: Melanie Curtis To: "Randy Haaoala" Subject: FW: 1095 Ferndale Rd W/LA20-000022/Review Date: Thursday,August 27,2020 3:55:00 PM Attachments: 13903-7.odf Randy Please see our Engineer's comments on your plans. Ideally these comments will be addressed by your engineer and submitted at least one week prior to the Planning Commission's review (if they result in site plan changes) for our review. If addressing the comments do not impact the house location, etc., the comments should be addressed prior to placement on the City Council's agenda for final action. Please reach out with any questions. Melanie Curtis eit952.249.4627 Rmcurtis(aci.orono.mn.us All permitting is now done through our new online portal - LINK! From: Adam Edwards Sent:Thursday, August 27, 2020 2:38 PM To: Melanie Curtis <MCurtis@ci.orono.mn.us> Subject: RE: 1095 Ferndale Rd W/ LA20-000022/ Review Melanie, Some comments from me. 1. The plan proposed to excavate within the sanitary sewer easement. The plan should be adjusted to avoid excavation/grade changes within the easement. 2. The plan shows the removal of a City Sewer manhole. The plan should be adjusted to avoid impacting City Infrastructure. 3. The disconnection and reconnection of the Sanitary Sewer Service will require a separate Utility Permit. The sanitary sewer service connection is miss labeled on the utility sheet. I have attached a copy of the sewer main as builts for reference. 4. Recommend that an easement or maintenance agreement be developed between the property owner and the homeowner to the north if one does not already exist for the storm pipe. 5. This plan will require review by the MCWD for floodplain alteration, erosion control and the shoreline work. 6. There is a typo on the Crawl Space elevation. Otherwise this will be a 104 foot deep crawl space. 7. It appears this will exceed 1 acre of disturbed soil; an NPDES permit will be required. Adam From: Melanie Curtis Sent:Thursday, August 27, 2020 11:40 AM To: Adam Edwards<aedwardsPci.orono.mn.us> Subject: 1095 Ferndale Rd W/ LA20-000022/ Review Adam Please review the attached plans for grading and floodplain mitigation to build a home and detached garage on the vacant property. The Planning Commission meeting is on September 21st. Please provide comment for the Planning Commission's review by or before September 7th. Also, please identify any concerns or issues which may result in a significant change or redesign. If necessary, the architectural plans are in the zoning file for this project. I will forward any comments I receive from the MCWD to you. Thank you Melanie ile°161. Melanie Curtis, Planner Direct 952.249.4627 Planning &Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us All permitting is now done through our new online portal - LINK! From: Heidi Quinn To: Tim Setala Cc: Melanie Curtis Subject: RE: 1095 Ferndale Road Residence Updates Date: Wednesday,September 16,2020 2:24:15 PM Attachments: imaae002.onq Good Afternoon Tim, MCWD has reviewed the resubmittal for permit#18-678 that was conditionally approved in December of 2018. Based on review of the resubmittal and City comments, please clarify the following information- • Please clarify if the newly proposed crawl space will have a low opening, such as a window or door; o If the crawl space has a low opening, it will need to be raised to 933.5'to comply with the District's 2' of freeboard from the low opening to the 100-year floodplain requirement of the Floodplain Alteration rule; • Please confirm that the provided floodplain cut/fill calculations are between the OHW (929.4) and the 100-year floodplain (931.5); o If the floodplain calculations include areas that are outside of the OHW and 100-year, they must be revised to show no net fill within the 100-year floodplain. Please let me know if you have questions. Thank you, Heidi Heidi Quinn I Permitting Technician I Minnehaha Creek Watershed District .,. - 15320 Minnetonka Boulevard I Minnetonka, MN 55345 I Office: 952-641-4504 From:Tim Setala <TimPpiercepini.com> Sent: Thursday, August 27, 2020 2:39 PM To: Erik R. Megow<emegowPwenck.com>; Will Roach <wroachPminnehahacreek.org> Cc: Rick<rickPrdsarc.com>; Rhonda Pierce<Rhonda( piercepini.com> Subject: 1095 Ferndale Road Residence Updates [EXTERNAL EMAIL] Hi Erik and Will, Attached are revisions to the 1095 Ferndale Road residence. A new Architect was brought on to design a crawl space on the house. The finished floor elevation was raised by 12"for the house and 6"for the garage. The crawl space elevation will be 932.50. The revised plan did not alter the floodplain storage. Updated exhibits are included in the submittal. Please let me know if you have any comments or questions on the updated plans. Thanks! • j Tim Sctala 7 c Citiil Engineer Z 0 763.537.1311 :-+ `"".y+ u 17:763.537.1354 GUC (} ctim a( pierccpini.com co 3 9298 Central Avenue NE.Suite 312 d L Blaine.MN 55434-3425 Hours:Monday-Thursday 8 am-5 pm/Friday 8 am-Noon RUN DATE:03/16/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 02-117-23 43 0007 38 02-117-23 43 0032 ERROL J CHUGG THE LAURA E GESME TRUST 1080 FERNDALE RD W 975 FERNDALE RD W ORONO MN 55391 ORONO MN 55391 ERROL J CHUGG DEAN&LAURA GESME 1080 FERNDALE RD W 1070 FERNDALE RD W WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 43 0011 38 02-117-23 43 0033 ERROL J CHUGG C L TRUWIT&P J PICARD 38 ADDRESS UNASSIGNED 1105 FERNDALE RD W ORONO MN 00000 ORONO MN 55391 ERROL J CHUGG CHARLES L TRUWIT 1080 FERNDALE RD W PAULA J PICARD WAYZATA MN 55391 1105 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0015 38 02-117-23 44 0028 J M JACKLEY&M H JACKLEY THE NATURE CONSERVANCY 1205 SHORELINE DR 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 JAY&MARY JACKLEY NATURE CONSERVANCY 1205 SHORELINE DR 1101 RIVER PKWY W STE 200 WAYZATA MN 55391 MINNEAPOLIS MN 55415 38 02-117-23 43 0020 38 02-117-23 44 0029 SARAH LEBEDOFF REV TRUST EDWARD FEIWEN WANG 1101 FERNDALE RD W 980 FERNDALE RD W ORONO MN 55391 ORONO MN 55391 SARAH LEBEDOFF EDWARD FEIWEN WANG 1101 FERNDALE RD W 980 FERNDALE RD W WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 43 0021 LUCAS DETOR/ELIZABETH DETOR 1065 FERNDALE RD W ORONO MN 55391 LUCAS DETOR ELIZABETH DETOR 1065 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0023 WILLIAM F/KATHLEEN A WANNER 1095 FERNDALE RD W ORONO MN 55391 WILLIAM F WANNER JR KATHLEEN A WANNER 1204 CHESTNUT AVE MINNEAPOLIS MN 55403 38 02-117-23 43 0025 JAMES WYMAN&KATHLYN WYMAN 1185 FERNDALE RD W ORONO MN 55391 JAMES C WYMAN KATHLYN R WYMAN 1185 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0026 ROBERT BROOK&SHARON QUINN 1165 FERNDALE RD W ORONO MN 55391 ROBERT BROOK&SHARON QUINN 1165 FERNDALE RD W WAYZATA MN 55391 38 02-117-23 43 0029 1055 FERNDALE LLC 1055 FERNDALE RD W ORONO MN 55391 CLSC LLC 8547 ARAPAHOE RD #J366 GREENWOOD VILLAGE CO 80112 38 02-117-23 43 0031 THE LAURA E GESME TRUST 1070 FERNDALE RD W ORONO MN 55391 DEAN&LAURA GESME 1070 FERNDALE RD W 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: 3/16/2020 r V POtn p0/ Lr1165 1185 ` . nasi A-, Sal 151 iM 1080 1205 '„„ co 2 joidooLake .,t 1070 1105 i,,, innetonka =ro,; ,33, h 1101 *'44,., 12:11 1095 980 orndate rpt 1065 1055 {Ta it91 e. . Li. \N'N-%-.-----.._..,..___,__,--o/7 Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1095 Femdale Road W This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy, (i)is furnished with no warranty of any knd; and (iii) is notsuitable for legal,engineering or surveying purposes.Hennepin County shal not be liable for anydamage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us Date Application Received: 08/13/2020 Date Application Considered as Complete:08/24/2020 "QO�jO 60-Day Review Period Expires: 10/23/2020 y To: Chair Ressler and Planning Commission Members 101 Dustin Rief, City Administrator "fkFSHO4� From: Laura Oakden Planner Date: September 21, 2020 Subject: LA20-000054, Lake Country Builders, 3825 North Shore Drive,Variance, Public Hearing Application Summary: The applicant is requesting a rear yard setback variance. Staff Recommendation: Planning Department Staff has determined that the practical difficulties standards are not met. The Planning Commission should review the submitted documents. Background The applicant is proposing a 3-season porch and an addition to the existing deck. With no street frontage,the lot was platted as a back lot in 2006. Backs lots require access via a access outlot, and all setbacks are 150%of the standard for the district. . The LR-1C District has a rear yard setback of 30'. This lot is platted with 45' rear yard setback to meet the back lot requirements. The builder had reached out and ask for the setbacks on this property and staff provided the standard setbacks for the LR-1C district. Once the permit was submitted with the survey, it was identified during the review that the lot was platted as a back lots with a 45' rear yard setback. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the location of the existing home and the back lot setback requirement 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: Regarding practical difficulty, Staff finds the submitted practical difficulties are not met.The proposed addition would have minimal impact to the neighbors and would not alter the character of the neighborhood. However, the property owner has adequate use of the lot currently for a single family home and there are other locations for a conforming additions. There is room on the property for home additions to the east or west of the proposed porch and deck which would meet all setback standards. The proposed addition acts as a convenience to the property and not a necessity to the use of the lot. LOT ANALYSIS WORKSHEET Section 78-1370 Setbacks(150%of LR-1C): DISTRICT LR-1C Back Lot Required Existing Proposed LA20-000054 Sept 21,2020 Page 2 of 4 Front 30' 45.8 No Change Rear 45' 45' 38.3' Side (west) 15' 48.5' No Change Side (east) 15' 30.7' 26.3' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 32,603 s.f. (0.7acre) Allowed: 6,520 s.f. (20%) Proposed: 2,421 s.f. (7%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Overlay District Total Area in Allowed Existing Proposed Zone Hardcover Hardcover Hardcover Tier Tier 2 32,603s.f. 9,780s.f. 5,1156 s.f. 5, 439 s.f. (30%) (15.8 %) , (16.6%) Applicable Regulations: 78-1370: Special standards for back lots created after January 1, 1994. Back lots which were created as part of a subdivision that received preliminary subdivision approval after January 1, 1994, are subject to the following special requirements in addition to the standards required in section 82-256: (d) The required side yard and rear yard depths for back lots shall be 150 percent of the zoning district yard requirements. The required lakeshore yard of a lakeshore back lots shall meet the zoning district lakeshore yard requirements. 3825 North Shore Drive was platted in 2006. The plat includes 5 lots with 2 of the lots designated at back lots with no street access. The back lots are platted with 150%setbacks for the LR-1C District. The standard rear yard setback is 30' and for back lots it is 45'. 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 directsunlight 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. LA20-000054 Sept 21,2020 Page 3 of 4 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 ordinance is to have larger setbacks for improvements on lots without street frontage. The proposed addition is not in harmony with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The addition and use of the property are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The use of the property for a deck and porch addition to an existing single family home are in line with the permitted controls. b. There are circumstances unique to the property not created by the landowner; The property has an existing deck (2016) that was constructed to the setback line. The applicant wishes to extend and enhance the deck and add a 3-season porch. The applicant stated the existing deck and setbacks are practical difficulties for the owner to have enjoyable space. Staff finds the owner has reasonable use of the lot with existing deck and single family home. There are also other conforming locations that would allow for addition to the home. and c. The variance will not alter the essential character of the locality. The applicant states the proposed addition would not alter the character of the neighborhood and it would not impact the neighbors. There is also significant large maple trees and vegetation surrounding the home. 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 single family home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Staff finds that following the code the conditions for a back lot are not peculiar and are applies to all lots that are platted as back lots. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant states the back lot restrictions are overly burdensome with 150%setback requirements. Staff finds that this rule applies to all lots platted as back lots. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states the existing deck(2016) extends 7 feet from the home. The applicant is requesting an additional 3 feet to create LA20-000054 Sept 21, 2020 Page 4 of 4 a 10 foot wide porch and deck. The new extension would be located in the rear yard setback. The applicant states this setback creates practical difficulty for the owner in allowing a useful and enjoyable space for on the existing home. Staff finds the use and enjoyment of the property is currently being met with a single family home and the existing deck. 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 variance will in no way impair health, safety,comfort or in any other respect be contrary to the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has stated that the back lot setback restrictions on a modest addition to allow for extra doors from the kitchen to provide better back yard/patio access is a practical difficulty. The applicant currently has use of the property for a single family home with an existing deck. The proposed addition would serve as a convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments The applicant submitted three letters of acknowledgement from the neighbors at 3845 and 3805 North Shore Drive and 1635 Shadywood Rd. 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 granting the variance serve as a convenience to the applicant or does it alleviate a demonstrable difficulty? 3. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? Planning Staff Recommendation Planning Staff finds the submitted practical difficulties are not met and recommends denial. List of Exhibits Exhibit A. Application and Narrative 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. Submitted Neighbor Letters Exhibit G. Property Owners List and Map Land Use Application Summary ilication Date: 08/13/2020 Address: 3825 North Shore Drive Orono, MN 55364 Parcel Number: 1711723220046 Land Use Number: LA20-000054 Application Submitted By: Agent on behalf of property owner Owner: Name: GREGG STUART SUTTON Address: 3825 NORTH SHORE DR MOUND, MN 55364 Name: Patrick Jacobson Applicant: Company: Lake Country Builders Address: 339 Second St. Excelsior, MN 55331 patrickjacobson@lakecountrybuilders.com Contact Information: Associated Contact: Patrick Jacobson patrickjacobson@lakecountrybuilders.com Associated Contact: Associated Contact: Associated Contact: Project Description: Screen Porch& Deck Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit ❑ Site Plan Application 0 Subdivision Application ❑ Subdivision Exception ❑ Vacation Application ❑ Variance Application 0 Applicant Signature: yw ^� Narrative: The Sutton property is located at 3825 North Shore Drive. The owner, Gregg Sutton, acquired the property in 2016 which includes the lot in question where the home is, and also, the conjoining small driveway/boulevard lot which fronts CR19 (North Shore Drive). Mr. Sutton started working with Lake Country Builders LCB) in January of 2020 to look at building a 3 season porch and updated deck. The 3 or 4 season porch was proposed to be extended 10 ft out from the existing rear-house gabled section, which currently only extends 4ft from the rear main side of the house. The addition of the new proposed 3 season porch would be a useful and natural extension, which enhances both deck space and back patio/deck access. After preliminary discussion with the city regarding this project by LCB, regarding feasibility and set- backs etc., the design commenced in April and continued through July after design iterations going from 4 to a 3 season porch. A total of$8,970 was spent on architectural design up to this point. After signing a contract to commence the build project, and LCB applying for building permits, it was determined in early August by the city that the proposed addition to the rear of the house infringes upon rear yard set-back code (by 2.9' for porch and 5.9' for stairway) special to "back lots", contrary to earlier direction from the city. It is for this reason as well as the practical difficulties listed that we seek a variance to accommodate our added space as designed. PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000054 he property owner proposes to use the property in a reasonable manner not permitted by L., Zoning Chapter. Response: The use of this property and additional space proposed are in line with typical zoning codes in this area. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The existing deck (as acquired in 2016) adjacent to the gabled section and proposed extension already extends 7 of the proposed 10 ft addition. This creates practical difficulties for the owner in creating useful and enjoyable space modifications off the existing home. 3. The variance, if granted, will not alter the essential character of the locality. Response: The addition variance of less than 10 would not alter the character or directly impact any nearby neighbors as the addition is not in-line with any structures with respect to the back neighboring lot and there is significant large maple tree vegetation between structures. 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 special back-lot restriction on a modest addition of 10 feet extending out the back of this h—le (extra doors near the kitchen for safety) to provide better back yard/patio access is a practical .ulty. 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: The addition variance of less than 10 would not alter the character or directly impact any nearby neighbors as the addition is not in-line with any structures with respect to the back neighboring lot and there is significant large maple tree vegetation between structures. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The 45 set-back is overly burdensome compared to the other lots in this area who would be compliant with 30 foot set-backs. 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 ierty or immediately adjoining property. Response: Homeowner has what is known as a back lot. Therefore further restricting his rear setback. The 45 set-back is overly burdensome compared to the other lots in this area who would be compliant with 30 foot set-backs. 9. The conditions do not apply generally to other land or structures in the district in which sa land is located. Response: Homeowner has what is known as a back lot. Therefore further restricting his rear setback. The 45 set-back is overly burdensome compared to the other lots in this area who would be compliant with 30 foot set-backs. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The existing deck (as acquired in 2016) adjacent to the gabled section and proposed extension already extends 7 of the proposed 10 ft addition. This creates practical difficulties for the owner in creating useful and enjoyable space modifications off the existing home. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: The proposed variance will in no way impair health, safety, comfort or in any other respect be contrary to the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The special back-lot restriction on a modest addition of 10 feet extending out the back of this home (extra doors near the kitchen for safety) to provide better back yard/patio access is a practical difficulty. VIEW ESTATA :er ) - ;pot elevation, mean sea level datum \ / ;ontour line, mean sea level datum S ied upon an assumed datum. -1 -)------ the boundaries of the above described ----.-. /. ..- an existinghouse, spot elevations, 95' ardcover", and the proposed location ld steps thereon. It does not purport (956. ents or encroachments. 221 • (956.0) O GP- cC (955.5) • �P\� 19b�; • A ESTATES al elevation, mean sea level datumS Jr line, mean sea level datum 1 pon an assumed datum. boundaries of the above described existing house, spot elevations, 1 (95( `Z >ver" thereon. It does not purport 226 �, or encroachments. •.•(956.0) o� / Gt• 0' / (955.5) �• P• \▪ - `9,h11 / 68.64 1 / // 1 / / --// , (956.9) . •58.3) WA G / 9 1 / �� .� // / 960— 1 / (959.8) / 7(96°.4 960 1 6��g ,\,�1g / / i // / / \\ (960C-----.. 12.E N // // /�4 / (959.6) 1 (961.9) /// / / ,962 // /V // / / \ 1 o I / / 1 cc——— i / \ M ///c��J6'' I // / / 1 / /i / (960.2) / I I I / , / / / (963.1) 1 ! 4 I, / A0 / / I II 1- . / ——9S$� / \ EDGE\ OF SOD • 955A . I , \ / \ / / \ / (95v.9)0 . 960 • ��_� z / \ X962 WALL /II. r- / \ (961.8) (I" e 5 /-962 \ \ / .t Ince n\ ,...R.RI nc •. °I 10 I / / 90_1 Ic k I� � -North Line 6\ N89°28'290W 56.63 -- B I4 1 11222• i j / `�1 i� feet of Go c� i ^j \ i 17, 7/17, R i I (4I 2g c- 1 NI \�1 I �I ��65 j' 11I I 1 � � -- Igo I to � i � 4 I of tl- o I • I PI ---------------4- 77784 _--------------------------- / / I -,II i� \ IS,n ----------- � ------- 7 -- ' \-/ I - -- ----- -- I --to I / c v.k — --274.47-- /D _ J `°�, I _ i o i n 24173 . �•i 1 7 18 N89 28 29 W 779.37 W LINE c wife as owners and witness w ereof said James A. Powers and Sharon L. Powers, have hereunto set their hands this 7 day of t: 1 ,+0it' , 200 (to . ge 23, lying West of ght angles, from the m /� �e A �a �� , GOegi74&‘&44„,... es A. Powers Sharon L. Powers STATE OF Cfe"t , ng at a point on the COUNTY OF nce West along said ?nce North at a right The foregoing instrument was acknowledged before me this ? day of , 200 (9 James A. Powers and Sharon L. Powers, husband and wife. 'veers and Sharon L. Hennepin, State of evvv,,,,.... I. MARGARET E. KERN-DEW he North line of said Notary Public „ Cou Not NOTARY PUBLIC right angles to said My Commission Expires f f 7 : STATE OF COLORADO West line of "Shady - MV Commission Expires Mar. 3,2007 i 1 • • r A 1 s r ' e n' • t. j....''- r-r'w,.. •, ....A r „y.y s: ,�,. e 1110.. _.• F. ,, ,,, .' — t in n.»,.+... q j s Yy-Mr^ ts•. Irr. _6'- ^rr+ r*• . _ • 4 :• • , .. - . �arirF $, KF S H o t M '" Legend n Par • °• it►w « _ '- \ ' ' iii � - ,a City Limits g7.11 1 , i 1380 5 ' Parcels(4/1/2020) 38'45 ry �f*,� . 4 . 1111L11 i yy"'; '�it rf , �.t� .rig f*. `�„ W +�jG-...�• 1, f Q T a". L +� rte g r - _ , pr ,„ i. 4.4--, ..r. . .. .. ., . , . . Lo . . . .. _..,. ,,.• , - .. .4 , rte a .1 r 41635 4 0 . 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In the following table, identify aTritems of proposed hardcover on the p-operty, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A floa.SE (E'X/IrittiG) 2/Y ' S.F. B DECK /, 3/$' S.F. C B/At-kTaP PAlL/EwAY // I 7 7 6" S.F. D wA L K // S'o S.F. E R cCK ,-A., /LArrI C r, 80.E- S7S BELdX'iCE4(4c14-0 = 7/E S.F. F Cc,vC. AAO II /6 S.F. G ArTA, J/n/G WA Cc- // // o S.F. H /, „ 1, 39 S.F. .. „ /, 73 S.F. J /. ., 1/ /v S.F. K c 9 J.1672 f D EA./TR A. ti/C C /, f33 S.F. L AOAC'N (A,&cParre) /?p S.F. M Ao0/i-yon/AL PFCk ,i 57EPI // 1/3 S.F. N S.F. Q 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 S67/ S.F. Excludable Hardcover(See City Code Sec 78-1684): G t(F1-A1,4..1,vc Gt/it L.L //O S.F. N .. 3 p S.F. S i1 ./ 7 3 S.F. T ii .., /0 S.F. S.F. (2) Total Excludable Hardcover 23 2. S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)1 5-`f-7 9 S.F. (4) Total Lot Area 12,60 ? S.F. Proposed Hardcover Percentage [(3)+(4)] /6- C 8 % Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to ensure the accuracy of the information contained herein;however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail. Page 19 Acknowledgement Letter Regarding Sutton Proposed Addition This letter is to acknowledge and approve the proposed three-season porch addition to the Sutton residence. The addition as proposed exceeds the rear set-back allowance by 7ft. Due the'back-lot" designation of the Sutton property,the set-back distance is 45 ft compared to all the adjacent properties where it is 30ft. The Sutton's are asking the city of Orono for a variance to allow the proposed three-season porch as designed for the following reasons: 1. The proposed variance will in no way impair health,safety,comfort or in any other respect be contrary to the intent of the zoning code. 2. The addition variance of less than loft would not alter the character or directly impact any nearby neighbors as the addition is not in-line with any structures with respect to the back neighboring lots. 3. The addition would not add significant hard cover which is already significantly below maximums. 4. The 45ft set-back is overly burdensome compared to other lots in this area who would be compliant with 30ft rear set-backs. As a neighbor to the Sutton's,we acknowledge and approve the proposed addition as shown on attached drawing. a\SID6-t•°=7 Oa Printed Name ilibt;(-7=0 Signature Date Acknowledgement Letter Regarding Sutton Proposed Addition This letter is to acknowledge and approve the proposed three-season porch addition to the Sutton residence, The addition as proposed exceeds the rear set-back allowance by 7ft. Due the"back-lot" designation of the Sutton property,the set-back distance is 45 ft compared to all the adjacent properties where it is 30ft. The Sutton's are asking the city of Orono for a variance to allow the proposed three-season porch as designed for the following reasons: 1. The proposed variance will in no way impair health,safety,comfort or in any other respect be contrary to the intent of the zoning code. 2. The addition variance of less than loft would not alter the character or directly impact any nearby neighbors as the addition is not in-line with any structures with respect to the back neighboring lots. 3. The addition would not add significant hard cover which is already significantly below maximums. 4. The 45ft set-back is overly burdensome compared to other lots in this area who would be compliant with 30ft rear set-backs. As a neighbor to the Sutton's,we acknowledge and approve the proposed addition as shown on attached drawing. U(2 /v A/1- /— Printed Name • O '/Cy Signature Date Acknowledgement Letter Regarding Sutton Proposed Addition This letter is to acknowledge and approve the proposed three-season porch addition to the Sutton residence. The addition as proposed exceeds the rear set-back allowance by 7ft. Due the"back-lot" designation of the Sutton property,the set-back distance is 45 ft compared to all the adjacent properties where it is 30ft. The Sutton's are asking the city of Orono for a variance to allow the proposed three-season porch as designed for the following reasons: 1. The proposed variance will in no way impair health,safety,comfort or in any other respect be contrary to the intent of the zoning code. 2. The addition variance of less than loft would not alter the character or directly impact any nearby neighbors as the addition is not in-line with any structures with respect to the back neighboring lots. 3. The addition would not add significant hard cover which is already significantly below maximums. 4. The 45ft set-back is overly burdensome compared to other lots In this area who would be compliant with 30ft rear set-backs. As a neighbor to the Sutton's,we acknowledge and approve the proposed addition as shown on attached drawing. C> 4 e, 0.(IV 1 :') Printed Name Signature Date ....- „ . --,- .--- 1 1 4:-.,,t,„; 1 .... BRiCK HOUSE• . • . , ARCHITECTS .....____ E. ___ 7 I .i ummill ,,: ,..r.::,,,,,...r.11111.1 .11 j . ••• - 1r... • 04::er..35 11C,Ti.•1C,”-.1.•:,,,C5 -C"--..5 :. .4,,...: ve._....:t I N.:,.roe 7,r.C.P.:„,•AP.r.'.5!1.41f is un.••PO X15,114....- ..----- --.., 0 „..-....---..„- - -z- ;f,,.-•C I 7.••2 I...t.LIC:• I t =,... .... ............ or tr . t 7,1"•••..r...','..: i .... The • Sutton ..,,,.....•-•.,_e..,• - , t_., Li.... :.., (c) t Residence "...A..k .Oki', ' 1" ti XS 1.8111Silien VI alL-4. ,,:i 170Aj. i .. Au, Gm A Ear Woo I, _...., 3 II 1.:__________1_______ ...----L-1.4. . ..C.a...,P:,,f.•••:V .51.1. P, I1 5......1F1.1. .0.5.2.•'1,1.,,IIIF 4, i.!....7...C.,: 1.....C.,••!...!! LW .,!!-71?-,71 •••• 4....1.—... 4.---..,--r..:.,—.—,„,..-..._-.A:•---."i• , •r 7 '*Or,r••.,•11P•P 1. .,, .1 ',..111. •11.• .•r• 1 i Main Level Floor Plan L i' A 1 • 1 g1 RUN DATE:08/18/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 08-117-23 33 0038 38 08-117-23 33 0059 38 17-117-23 21 0012 CITY OF ORONO E HAAS&B HAAS&T DORRELL HANS DONALD ROSACKER II ETAL 3833 CHERRY AVE 3820 NORTH SHORE DR 1620 SHADYWOOD RD ORONO MN 55364 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO EVELYN HAAS&THOMAS DORRELL DON&KIM ROSACKER P 0 BOX 66 3820 NORTH SHORE DR 1620 SHADYWOOD RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 33 0039 38 08-117-23 33 0089 38 17-117-23 21 0013 CITY OF ORONO MATTHEW B&AMY B HERMAN TRST AGRMNT OF DORIS E FINN 3833 CHERRY AVE 3825 CHERRY AVE 1640 SHADYWOOD RD ORONO MN 55364 ORONO MN 55364 ORONO MN 55391 CITY OF ORONO MATTHEW B&AMY B HERMAN DORIS ELAINE FINN P O BOX 66 3825 CHERRY AVE 1640 SHADYWOOD RD CRYSTAL BAY MN 55323 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00000 ORONO MN 55391 ORONO MN 55391 ANN WEEKS ENGLUND NANCY L BLAIR JOHN G DOLEMAN 3884 CHERRY AVE 3768 NORTH SHORE DR 1680 SHADYWOOD ROAD MOUND MN 55364 WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 33 0050 38 08-117-23 34 0064 38 17-117-23 21 0017 ANN W ENGLUND TRUST PAULA J JOHNSON J P KIEFFER&B E KIEFFER 38 ADDRESS UNASSIGNED 3818 NORTH SHORE DR 1690 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 ANN WEEKS ENGLUND PAULA J JOHNSON JOHN PAUL KIEFFER 3884 CHERRY AVE 3818 NORTH SHORE DR BENJAMIN EDWARD KIEFFER MOUND MN 55364 WAYZATA MN 55391 1690 SHADYWOOD RD WAYZATA MN 55391 38 08-117-23 33 0054 38 17-117-23 21 0004 38 17-117-23 21 0018 CITY OF ORONO BRIAN T ZJAWIONY ET AL JOHN P FITZPATRICK ET AL 38 ADDRESS UNASSIGNED 1675 SHADYWOOD RD 1710 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO BRIAN T ZJAWIONY JOHN&JOAN FITZPATRICK P 0 BOX 66 NIKKOLE R MEIMBRESSE 2001 SE SAILFISH POINT BLVD CRYSTAL BAY MN 55323 1675 SHADYWOOD RD #103 WAYZATA MN 55391 STUART FL 34996 38 08-117-23 33 0055 38 17-117-23 21 0005 38 17-117-23 21 0029 CITY OF ORONO LAUREEN E DARLING BARRY CARLSON/DEBBIE CARLSON 38 ADDRESS UNASSIGNED 1719 FAGERNESS POINT RD 3805 NORTH SHORE DR ORONO MN 00000 ORONO MN 55391 ORONO MN 55364 CITY OF ORONO LAUREEN E DARLING BARRY JON CARLSON P O BOX 66 1719 EAGERNESS POINT RD DEBBIE MARIE CARLSON CRYSTAL BAY MN 55323 WAYZATA MN 55391 3805 NORTH SHORE DR MOUND MN 55364 38 08-117-23 33 0056 38 17-117-23 21 0010 38 17-117-23 21 0030 CITY OF ORONO GAIL C ROGERS REV TR JOSEPH P LELAND/ANN M LELAND 38 ADDRESS UNASSIGNED 1610 SHADYWOOD RD 1635 SHADYWOOD RD ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO GAIL ROGERS JOSEPH P LELAND P O BOX 66 1610 SHADYWOOD RD 1635 SHADYWOOD RD CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 33 0057 38 17-117-23 21 0011 38 17-117-23 22 0002 CITY OF ORONO KRISTINA M ERICSON ET AL M A&M A DOBRATZ 38 ADDRESS UNASSIGNED 3705 NORTH SHORE DR 3865 NORTH SHORE DR ORONO MN 00000 ORONO MN 55391 ORONO MN 55364 CITY OF ORONO GAIL ROGERS MARK A&MARY A DOBRATZ P O BOX 66 1610 SHADYWOOD RD 3865 NORTH SHORE DR CRYSTAL BAY MN 55323 WAYZATA MN 55391 MOUND MN 55364 RUN DATE:08/18/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 17-117-23 22 0003 38 17-117-23 22 0039 WBL SPE 11 LLC LISA MARIE ALTON 3895 NORTH SHORE DR 3905 NORTH SHORE DR ORONO MN 55364 ORONO MN 55364 WBL SPE 11 LLC LISA MARIE ALTON 101 HUDSON ST 1635 CONCORDIA ST 33RD FLOOR WAYZATA MN 55391 JERSEY CITY NJ 07302 38 17-117-23 22 0006 38 17-117-23 22 0040 LYNN&FAITH CHRISTINE LISA MARIE ALTON 38 ADDRESS UNASSIGNED 1635 CONCORDIA ST ORONO MN 00000 ORONO MN 55391 LYNN&FAITH CHRISTINE LISA MARIE ALTON 3925 NORTH SHORE DR 1635 CONCORDIA ST MOUND MN 55364 WAYZATA MN 55391 38 17-117-23 22 0013 38 17-117-23 22 0045 REAL ASSETS LLC L R FRITZ&M K FRITZ 1645 SHADY WOOD RD 3845 NORTH SHORE DR ORONO MN 55391 ORONO MN 55364 REAL ASSETS LLC LOREN&MARLENE FRITZ 550 25TH AVE 3845 NORTH SHORE DR ST CLOUD MN 56303 MOUND MN 55364 38 17-117-23 22 0030 38 17-117-23 22 0046 D J BELAWSKI&D C BELAWSKI GREGG STUART SUTTON 1740 CONCORDIA ST 3825 NORTH SHORE DR ORONO MN 55391 ORONO MN 55364 DAVID J&DAYNA C BELAWSKI GREGG STUART SUTTON 1740 CONCORDIA ST 3825 NORTH SHORE DR WAYZATA MN 55391 MOUND MN 55364 38 17-117-23 22 0031 38 17-117-23 22 0047 RICHARD F&KRISTIN L PALM REAL ASSETS LLC 1690 CONCORDIA ST 3855 NORTH SHORE DR ORONO MN 55391 ORONO MN 55364 RICHARD F&KRISTIN L PALM REAL ASSETS LLC 1690 CONCORDIA ST 550 25TH AVE N WAYZATA MN 55391 ST CLOUD MN 56303 38 17-117-23 22 0032 38 17-117-23 22 0048 B H WILLIAMS/J A FESENMAIER REAL ASSETS LLC 1680 CONCORDIA ST 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 BRIAN H WILLIAMS REAL ASSETS LLC JUDY A FESENMAIER 550 25TH AVE N 1680 CONCORDIA ST ST CLOUD MN 56303 WAYZATA MN 55391 38 17-117-23 22 0034 38 17-117-23 22 0049 TONEY J WILLIAMS GREGG STUART SUTTON 1735 FAGERNESS POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 TONEY J WILLIAMS GREGG STUART SUTTON 3719 GEKLER LA APT 44 3825 NORTH SHORE DR BOISE ID 83706 MOUND MN 55364 38 17-117-23 22 0035 DAVID A BIEKER 1729 FAGERNESS POINT RD ORONO MN 55391 DAVID A BIEKER 18352 MINNETONKA BLVD DEEPHAVEN MN 55391 38 17-117-23 22 0036 JENNIFER TVRDY 1725 FAGERNESS POINT RD ORONO MN 55391 JENNIFER TVRDY 1725 FAGERNESS POINT RD WAYZATA MN 55391 38 17-117-23 22 0037 LM&M J TAUBENBERGER 1743 FAGERNESS POINT RD ORONO MN 55391 LEIF M TAUBENBERGER 1743 EAGERNESS POINT 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: 8/18/2020 . (F, tSi 3898 MI '' 3884 :1969 'x*tt._ 3B52 3838,1 3826 .3825 gi ,nrChefryrQ.�e , 3883 3883 3864 7) 14n (a) MI 3855 3843 833 Thr 1.S.Ii at in 31375 i ;. ��iie 9.11I 3898 / 3863 3818 '1'761 it$1 s ,..4., rSG, r�ir ( f i3lI ip73629 t dill ' ' 19 NatthliShtirxeip'r- . 0E1 / =, 391)5 Ill al 3865 _ mt P.OS 'r iGtl} da' 3705 '3895 3845 X is 3955 0', 3875 1635 i3 i Q 1620 m. fi:1 1:. 1635 1): �. 1640 1645 :tilt � 16551 :''1 1679 119 1 9 �7Ir iiii 1735 '34' 1728 .m-11675 A ti 16811• 169 . nr, ua `. 11111101y 11\ 1743 1725 ON 1749 {" ori 1719 (xi ii ii �. r. ' a i * •rre.1-7 _ f729 1750 til In 1755i3i ,+�"m'F'- t' 1 1745 01 1748 1 760 rin `_" Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 3 1 1 3 3 1 I 3825 North Shore Drive This data (i) 's furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is furnished with no warranty of any knd; and (ii) is notsuitable for legal, engneering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from the data. For more information,contact Hennepin County GIS Off ce 300 6th Street South,Minneapolis,MN 55467/gis.info@hennepin.us Date Application Received:08/18/2020 Date Application Considered as Complete:08/18/2020 "VO�j4?)O 60-Day Review Period Expires: 10/17/2020 i To: Chair Ressler and Planning Commission Members y, ,t Dustin Rief, City Administrator �< G1 '"ES H O�� From: Laura Oakden Planner Date: September 21, 2020 Subject: #LA20-000056, Kuhl Design Build, 3249 Casco Cir,Variance Public Hearing Application Summary: The applicant is requesting a side yard setback variance. Staff Recommendation: Planning Department Staff finds the applicant does not meet practical difficulty standards. Background The property has a home and an existing accessory structure on a substandard lot. The accessory structure is currently placed 2'from the side property line where 7.5' is required. The applicant is proposing to add a loft to the building and raise the roof line which will increase the massing of the building in the setback area. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified current placement of the structure as a practical difficulty 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: Regarding practical difficulty, Staff finds the application has reasonable use of the property for a single family home. The existing accessory building is legal nonconforming and can be re-built and maintained, or relocated. There is open space on the property within the conforming building setbacks. The new roof line encroachment would serve as a convenience and is not necessary for the use of the property. Staff finds the practical difficulties have not been met. LOT ANALYSIS WORKSHEET Section 78-350—Accessory Building Setbacks: No proposed phanges to the existing setback. The project would create a new encroachment with a taller roofline within the North side setbacks. The existing garage is 2'where a 7.5' is required. Section 78-1403-Structural Building Coverage: The property current has 15.8%structural coverage with no proposed changes. LA20-000056 September 21,2020 Page 2 of 4 Section 78-1700- Hardcover Calculations: The proposed is currently at 24.99% hardcover and has no proposed changes with this project. Applicable Regulations: 78-350 (Side yard Setback) The LR-1C has a 10' side yard setback. It allow for a smaller 7.5' setback for narrow substandard lots. This property has a 7.5' side yard setback. The property has an accessory building which sits 2'from the north side property line. The applicant is proposing to increase the roofline creating additional massing and a new encroachment into the side yard 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. Due to the scope the proposed variances are not in harmony with the purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The proposed expansions for the accessory building are not 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 expansion is on an existing accessory structure which currently sits 2'from the property line where 7.5' is required is considered an new encroachment. The property has reasonable use with the existing home and accessory building. This is not met. b. There are circumstances unique to the property not created by the landowner; and The applicant stated that due to the original placement of the building limits any possibility to roof line improvements. The current structure is in disarray and making the proposed changes will improve the neighborhood. Staff finds the current existing accessory building is nonconforming and can be maintained. The proposed encroachment for a new roofline is created by the landowner. c. The variance will not alter the essential character of the locality. The applicant states the variance will enhance the character of the area. LA20-000056 September 21,2020 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 a single family home with an accessory building is an allowed use in the Lr-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The property is substandard in size and has an existing nonconforming accessory building, which also apply to many properties in the area. The setbacks are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The existing accessory building is located within a setback which is nonconforming to the city code. This is similar to other structures 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 states the due to the location of the existing accessory building on the property, the goal for the remodel/ encroachment is to make it safer and more attractive. Staff finds there is other locations of the property that are conforming to the code and the applicant is able to rebuild the existing accessory structure in-kind in the same location. The owner currently has use of the property for the enjoyment of the principle home. The encroachment for an accessory building in the setback would act as a convenience. 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 roofline encroachment is not supported by practical difficulty and maybe 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 proposed roofline encroachment would serve as a convenience to the applicant as they have reasonable use of the property for a single family home. 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. Engineer Comments. The structure is close to the property line. I would recommend installation of gutters and downspouts or other means to ensure roof runoff is not directed toward the neighboring property. Public Comments LA20-000056 September 21,2020 Page 4 of 4 The neighbor to the south submitted a letter of support for the project.The neighbor to the north has submitted some comments regarding the application. They have concerns regarding drainage and suggested gutters be placed on the buildings.The email is included 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(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 find the practical difficulties are not met and recommends denial. List of Exhibits Exhibit A. Application and Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Engineer Comments Exhibit G. Neighbor Comments Exhibit H. Property Owners List and Map Land Use Application Summary )lication Date: 08/18/2020 Address: 3249 Casco CIR Orono, MN 55391 Parcel Number: 2011723430008 Land Use Number: LA20-000056 Application Submitted By: Agent on behalf of property owner Owner: Name: JOHN M ELLENBERGER ET AL Address: ELIZABETH A ELLENBERGER 3249 CASCO CIR WAYZATA, MN 55391 Applicant: Name: Dan Murphy Company: Kuhl Design Build Address: 1515 5th St S Hopkins, MN 55410 dan@kuhldesignbuild.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Rebuild existing garage Land Use Application Type: Amendmend Application ❑ Appeal of Admin Decision ❑ Concept Application LI Conditional Use Permit 0 Site Plan Application ❑ Subdivision Application 0 Subdivision Exception ❑ Vacation Application El Variance Application 0 Applicant Signature: V KUHL DESIGN+BUILD, LLC 1515 South 5th Street Hopkins, MN 55343 T 952.935.9469 F 952.258.8300 www.kuhldesignbuild.com Additional variance request information: Project overview: Currently there is a structure on the site that is in disrepair and architecturally does not fit in the neighborhood. We are proposing to construct a new structure, using the existing location, slab and exterior walls but increase the roof system to match the existing house design and provide for a more pleasing neighborhood appearance. Due to the width of the lot and the existing proximity to the lot line, we are asking for a slight variance for the roof line. This roof line will not impact any sight line of the neighbors as the majority of their house is to the lake side of the proposed structure. There are no rear neigh- bors as this is designated as a city park. The variance we are seeking is very much in keeping with the spirit of the code. The desire of the homeowner is to improve the appeal of the neighborhood as this structure is one of the first things you see when coming around the corner of Casco Circle. Thank you for taking the time to consider our request. Best, Dan Murphy PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000056 he property owner proposes to use the property in a reasonable manner not permitted by t. Zoning Chapter. Response: The property owner intends to use the space for the exact same purpose as it is currently being used. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Due to the original placement of this structure it is to close to the property line to make any changes to the roof line of shell of the structure. Currently the structure is in disarray and making the proposed changes will greatly improve the entire neighborhood. 3. The variance, if granted, will not alter the essential character of the locality. Response: Granting the variance will enhance the character of the local 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: There is no economic benefit to this request 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for s—'ar energy systems. Variances shall be granted for earth-sheltered construction as defined in nesota Statutes, Section 1163.06, Subd. 2, when in harmony with this Chapter. Response: The practical difficulty of this proposal falls on the side yard setback. The homeowner did not create the location of the existing structure, their goal is to improve the existing local and rebuild the existing structure to better fit into the neighborhood. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The proposal fits under the existing chapter for this zone 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Does not apply 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Yes this is particular due to the placement of the original structure 9. The conditions do not apply generally to other land or structures in the district in which said I 1 is located. Response: Does not apply 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Due to the fact that the structure is already placed and on the property, the goal is to rebuild to make it a safer and more attractive structure for the neighborhood 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: None what so ever 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 \ ry\\ O// \ \ TO R""",1 \\\\ (963.7) ofwC ' \ `t` 196541 / I tt\ ` \ •CP 5 '. Q J\ l 00;*. / \ SETBACK; ��04• jLINE �� • .(965.784 r! ��. AA \ ` WOOD 96 S. \ \ \ 1P• (966.3) STE• 91 (�) ""� \ ,1 \ \ h� 959��!• BOULDER`ET WL �:::• �9� ` k 'I V STONE \ f �i� , O11 V �2 (967.0) •ATIO`�� TEPS r:•• •• / ✓ ,,50 961•-• i� �(F) •• (G) \\ t, 2 (967.5) MAIN EXISTING �'�� (9S (959„1) '!li i•(968.7) LOWER l o• 9s) \ (966.9) , LEVEL= �� -5'J (�) ''• HOUSE (958.9) �,? brl'• \ ds,,, 0 . iii #3249 p$ .. .71.... •••t. .. v \ (967.0) (A) . `980.3) O,• \ 20• I GARAGE k :XISTING NNS FLOOR=6713 Nk. 5.3r: \ BUILDING .0 L961 196 pl BLACKTOP �r �n��W.� . (B) ( 1 2 DRIVEWAY N , CONC. �\mi' \ \ .00�R (D\ RET WL '70.4) 0:5 ) 661 warn \ ,.4 96 \ 9693 3l p 6 lg6 \ CP \ �o (967.4) \390l 1g D I 150 (-A-COD l9�PCP pRNEw I Vv (9690) % 0° LEGAL DESCRIPTION OF PREMI. 0 IP ii biC Lot 12, Spring Park, also all t o o �j the tract of land lying betwee -"°: lies between the easterly exte '.5 said Lot 12. o : denotes iron (908.3) : denotes exis 7. \ 'J. A \ /7,"'" \\\\ ip Ems \\ \\ ;k.6..^'Nr(oc.rv?R 1 i' T \\\h0\6 .1\l'\ �w\ •, ' /, SETBACK ;\�\\\ .`` \\'100 ! cvu.n I\\\--+:,),....*•(n \LINE ...�1,6...._ i \\ W p,a ! \\ l'\")\ X039 WOOD \\ dA �d (°°5) w« EXISTING Ilir r`4 ( . \ N j ;i°°.a 3 6S \ ...,, c� HOUSE(...) t j. . eL' \ #3249A) \� \ `` ap \;") • EXS11NG• it ROOT. "!Y s \ 9 84-DING ' DRIVEWAY . avvD.1 1.0v101‘�c�E (D) a0. BLACKTOP ' $ ;`' \ (E) a a 1y \ i.'%l C^ y 9 \ ` i •�� A SaY op,' \g0 -?? 404*\ (vava) 00 LEGAL DESCRIPTION OF PREMISES : ..'1 a9 i 0-54 Lot 12, Spring Park, also all that part of vacated Lake �� S b the tract of land lying between said vacated avenue and lies between the easterly extensions of the northerly an, said Lot 12. o : denotes iron marker LACKTOP ROADWAY (908.3): denotes existing spot elevation, mean s. --917--: denotes existing contour line, mean sec Bearings shown are based upon an assumed e0 This survey intends to show the boundaries of the abov and the location of an existing house and garage, spot EXIST. and the location of all visible "hardcover" thereon. It do \I G show any other improvements or encroachments. DATE DESfAPTOX I hereby c tify that this plltEAV/E GRONBERG & ASSOCIATES, INC. •ad Pua�;°„ba a;,nea, I CONSULTING ENGINEERS,LAND SURVEYORS, &SITE PLANNERS the laws of the scale of ku --f— • 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 "il.4, /� 952-473-4141 cork S.Gronb«-G gMimeao ' 19-167 NOT TO SCALE: SEE FULL SIZE SURVEY. 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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 g (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A S.F. 6 ♦763 S.F. B gti/CQ/NG 6/ Q S.F. C ,f moo, tt e4.-vck SS S.F. CK TOP DA/ .i - `f 8 78 S.F. E (-re/ ds- 1t`Ei alisv) "7-+74-- S.F. F pA rt 0 $y S.F. G TroA/c STF,S !O S.F. H La eat) 57fP.1' L‘.vD'A/C re, fiVeA ' 2-97 S.F. 1 QcCk Sr SNORE !82, S.F. /FDA INC CS • Y3 9 S.F. K 44/004 J75", p�,tt/.Stagy f1F4/all fc 8 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. VV S.F. X S.F. Y _ S.F. Z S.F. (1) Total Existing Hardcover V505 S.F. Excludable Hardcover(See City Code Sec 78-1684): AE'T4 tA,i,t/c LvI1_45- e?9 S.F. S.F. S.F. S.F.r S.F. (2) Total Excludable Hardcover Y39 S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 110 6 ic S.F. (4) Total Lot Area /6,272 S.F. Proposed Hardcover Percentage [(3) (4)] 2(7: 9, (Proposed Hardcover next page) • This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however,if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 8 of 9 From: Adam Edwards To: Laura Oakden Subject: RE: 324 Casco Cir Date: Monday,September 14,2020 8:03:42 AM Laura, I've reviewed the grading plan associated with this variance and offer the following comments. 1. As close to the boundary line as that structure is, I would recommend installation of gutters and downspouts or other means to ensure roof runoff is not directed toward the neighboring property. 2. The plan call for the removal of the gravel driveway and apron. Removal should take place all the way to the edge of roadway pavement and the area restored with vegetation. Adam From: Laura Oakden Sent:Thursday, September 10, 2020 10:11 AM To: Adam Edwards<aedwards@ci.orono.mn.us> Subject: 324 Casco Cir Adam, Here is a variance application for increasing the roofline. Please let me know of any comments, concerns or requirements the PC should consider when reviewing this application. Thanks! 9/2/20 To whom it may concern, I am writing in support of the proposed changes to the structure at 3249 Casco Circle. I live at 3247Casco Circle. John &Liz have shared the designs with us, and we feel that the proposed changes will do nothing but improve the overall feel and appearance of our neighborhood. We support the requested variance and it will in no way adversely affect our property. Thank you, J.C.& Mary Beth Kiser From: The Kochs To: Laura Oakden Subject: Re: 3249 Casco Cir-Plans Date: Thursday,September 10,2020 4:27:06 PM Laura: We appreciate the work John and Liz have done on their property, and the renovated out-building looks nice. The only concern we have is the water coming off the roof toward our property at 3251 Casco Circle. That area of the yard is already"wet." This is especially true during rain events. And we expect the water volume and speed will be significantly increased with the larger and more pitched roof. We would ask that a gutter be placed along the north side of the side of the structure to capture the water and direct it away from our property (either to the east or west of the structure). I understand we do not need to attend the hearing in-person since we have provided this input. Please let us know if we are wrong about that. Thanks. Bill and Laurie Koch From: "Laura Oakden" <loakden@ci.orono.mn.us> To: "mnkochs" <mnkochs@mchsi.com> Sent: Wednesday, September 9, 2020 9:17:46 AM Subject: 3249 Casco Cir- Plans Bill, Here are the submitted plans for the new garage. Please let me know if you have any questions or comments you would like to submit to the Planning Commission for review. Thank you Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us All Permitting is done through our new online portal LINK! RUN DATE:08/18/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 42 0022 38 20-117-23 43 0010 38 20-117-23 43 0050 J&S WHITE GEORGE E/MARILYN K MILEUSNIC K T&P A KENNEFICK 3516 IVY PL 3243 CASCO CIR 3241 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JAMES M&SHERRY D WHITE GEORGE E MILEUSNIC KEVIN T/PATRICIA A KENNEFICK 3516 IVY PL 3243 CASCO CIRCLE 3241 CASCO CIR WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 42 0029 38 20-117-23 43 0013 38 20-117-23 43 0051 Z STROUT&M STROUT JULIAN HOOK&PEGGY R HOOK WILLIAM D GUST 3525 IVY PL 3237 CASCO CIR 3034 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ZEBADIAH STROUT JULIAN&PEGGY HOOK WILLIAM D GUST MOLLY STROUT 3701 SHORELINE DR STE 102D 3034 CASCO POINT RD 3525 IVY PL WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 42 0031 38 20-117-23 43 0014 38 20-117-23 43 0053 DAVID&KAY OWEN TRUST S D SILUS&E C SILUS PATRICK J NEUVILLE 3486 IVY PL 3235 CASCO CIR 3271 CASCO CIR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DAVID S OWEN STEPHEN SILUS&ELAINE SILUS PATRICK J NEUVILLE KAY J OWEN 3235 CASCO CIR 3271 CASCO CIR 3486 IVY PL WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 42 0033 38 20-117-23 43 0015 38 20-117-23 43 0054 JONATHAN P&JULIE S PAUL D M SPILSETH&P D SPILSETH LEISEL&MARK PFLEGHAAR 3532 IVY PL 3233 CASCO CIR 3509 IVY PL ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JONATHAN P PAUL DAVID M SPILSETH LEISEL&MARK PFLEGHAAR 3532 IVY PL 3233 CASCO CIRCLE 3509 IVY PL WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 42 0035 38 20-117-23 43 0016 38 20-117-23 43 0055 SAMSON CYRIL DRENTLAW JUDITH E COOPER DONALD JAMES KAVANAGH 3535 IVY PL 3231 CASCO CIR 3038 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SAMSON CYRIL DRENTLAW J E COOPER&J E COOPER DONALD JAMES KAVANAGH 3535 IVY PL 3231 CASCO CIR 3038 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 42 0036 38 20-117-23 43 0031 S H ANDERSON&J L ANDERSON THE CASCO CO 3508 IVY PL 3100 CASCO CIR ORONO MN 55391 ORONO MN 55391 SCOTT H ANDERSON CITY OF ORONO PARKS JULIA L ANDERSON P 0 BOX 66 3508 IVY PL CRYSTAL BAY MN 55323 WAYZATA MN 55391 38 20-117-23 43 0006 38 20-117-23 43 0042 MARY L TUCKER TRUSTEE DANIEL H COX 3466 IVY PL 3277 CASCO CIR ORONO MN 55391 ORONO MN 55391 MARY L TUCKER DANIEL H COX 3466 IVY PL 3277 CASCO CIR WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 43 0007 38 20-117-23 43 0043 WILLIAM H KOCH ET AL DANIEL H COX 3251 CASCO CIR 3277 CASCO CIR ORONO MN 55391 ORONO MN 55391 WILLIAM H KOCH DANIEL H COX LAURA D KOCH 3277 CASCO CIR 3251 CASCO CIR WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 43 0008 38 20-117-23 43 0044 JOHN M ELLENBERGER ET AL S A STRUCK/J W STRUCK TRUST 3249 CASCO CIR 3287 CASCO CIR ORONO MN 55391 ORONO MN 55391 JOHN M ELLENBERGER ET AL SARAH ANN STRUCK ELIZABETH A ELLENBERGER JAN WILLIAM STRUCK 3249 CASCO CIR 3287 CASCO CIR WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 43 0009 38 20-117-23 43 0045 LUCILLE CARLSON BRANDON J TOPEL 3247 CASCO CIR 3297 CASCO CIR ORONO MN 55391 ORONO MN 55391 LUCILLE CARLSON BRANDON J TOPEL C/O TRACY SHEEHAN 3297 CASCO CIR 810 SMITHTOWN TERRACE WAYZATA MN 55391 EXCELSIOR MN 55331 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 8/18/2020 ]JIV 14! 3550 3550 f=7, 3548 3546 lug 1.3 r. 3534 3545 1`�r0 i>71 ari 'I 3532 'h X71 5tE 1 r NA, 53 08 . 35,;5 175, i 4411141\4 `r. 31l 3525 a 34E6 3509 eat 3034 3271 1.=a 1� a, 3277 ,- ='�' 32.77 * i'i 32671 1 s 3247 3: xil . 0 Oz C s 1.1.1111. 3100 it ' 00:001111116. r o 3229 RI 01 -4 3227 3225 CascoPoint 3225 4,:„.'1"4-`1. 3205 2'1 ,SCOICV 'SIM 3195 Buffer Size: 500 0 50 100 200 Feet Map Comments: l I I I I l i I I 3249 Casco Circle This data () b furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is fury shed with no warranty of any knd; and (ii) is notsuitable for bga( engneering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us Date Application Received: 08/19/2020 Date Application Considered as Complete:08/30/2020 1—O` V^ 60-Day Review Period Expires: 10/29/2020 Y�j To: Chair Ressler and Planning Commission Members �110 . Dustin Rief, City Administrator ` 9kESHO8(" From: Laura Oakden Planner Date: September 21, 2020 Subject: LA20-000057, Michael Gallus Construction Inc, 1985 Fagerness Point Road, Variance, Public Hearing Application Summary: The applicant is requesting variances for average lakeshore setback, street yard setback, distance between a garage door and property line and a wider driveway than is permitted within the 75' lakeyard. Variances would allow for an addition and a new driveway. Staff Recommendation: Planning Department Staff recommends denial. The applicant has not met standards for practical difficulty. Background The applicant is looking to convert to existing garage into more living space for the home. They are proposing to construct a new garage addition to the home with porch above. The new addition will be within the street yard and the average lakeshore setback. The applicant is also widening the driveway to accommodate the new garage and requesting new hardcover within the 75' lakeyard setback for the new driveway space. Practical Difficulties Analysis (For Variance Applications Only) Applicant Submittal Information:The applicant has identified that there are other properties in the neighborhood with very close garages to the road as a practical difficulty 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: Regarding practical difficulty, Staff finds the project does not meet practical difficulty standards.The owner currently has reasonable use for the property with an existing single family home built in 2009. The addition would be out of convenience. LOT ANALYSIS WORKSHEET Section 78-350- Building Setbacks: DISTRICT LR-1C Required Existing Proposed Street 30' 38' 14' Side (South) 7.5' 15.8' No Building Change Side (North) 7.5' 11' No Building Change LA20-000057 September 21,2020 Page 2 of 5 Lakeshore (West) 75' 104' No Building Change Lakeshore (East) 75' 88' No Building Change Average Lakeshore (West) No Change Average Lakeshore (East) New Proposed Addition-Not Met Section 78-350- Lot Area/Width: DISTRICT LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acres) 100' Actual 17,345 s.f. (0.39 acre) 75' @ 75'/75' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 17,345 s.f. (0.39 acre) Allowed: 3,469 s.f. (20%) Proposed: 2,493 s.f. (14%) Section 78-1680 and 78-1700-Hardcover Calculations: Stormwater Total Area Allowed Overlay District in Zone Hardcover Existing Hardcover Proposed Hardcover Tier 4,336.25 s.f. 3,981 s.f. 879 4,334 s.f. 882 Tier 1 17,345 s.f. . (25 %) (22.7 %) w/in (24.7%) w/in 75' 75' Applicable Regulations: Street Yard Setback(78-350)The code required all principle buildings be 30' from the street property line on lakeshore lots. The home currently conforms to this setback. The applicant is requesting a 14'setback to allow for a garage addition. Average Lakeshore Setbacks(78-1279) No principal or accessory building shall be located closer to the Ordinary High Water Line (OHWL)than the average distance from the shoreline of existing principal buildings on adjacent lots; This does not apply to patios and other accessory structures less than 42 inches above existing grade, and/or stairways, lifts, landings, lockboxes, flagpoles and pump houses. Further,the average lakeshore setback shall apply only to classified lakes and shall not apply to tributaries.The average lakeshore setback line shall be a straight line connecting the most lakeward protrusions of the principal buildings on the immediately adjacent lakeshore lots. A corner of the proposed addition and stair is shown to be lakeward of the average lakeshore setback. Driveways, in general. (78-1681)All driveways shall comply with the following minimum dimensional standards: Driveways serving end loading garages shall maintain a width equivalent to the width of all overhead doors extending 15 feet out from the garage doors. Due to the proposed setback of 14 feet, the driveway will extend 14 feet from the garage door, 15'is required. Driveways,stairways, lifts and landings. (78-1282) A driveway no wider than eight feet is LA20-000057 September 21,2020 Page 3 of 5 permitted in the shoreland or tributary setback zone if the property has no other frontage on or access to a public or private road. The applicant is proposing an 18'wide driveway within the 75'lakeyard where only an 8'wide driveway is permitted. 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 requested rear yard setback, average lakeshore setbacks, driveway standard and hardcover within the 75'of the lakeyard are not in harmony with the Ordinances as the proposed addition would limit the lake sightline for neighbors and create addition massing close to the right of way. The number of variances requests suggest that the site does not support the proposal. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for an addition to an existing single family home in a residential zone is 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 build a home addition within the street yard setback, average lakeshore setback, new hardcover in the 75' lakeyard and not meeting driveway standards does not appear to be reasonable as the current home has adequate use of the lot. b. There are circumstances unique to the property not created by the landowner; The owner's desire to enclose the existing garage to make more living space and then add a new garage within the street yard and average lakeshore setback to the home is a condition created by the landowner and c. The variance will not alter the essential character of the locality. The setback variances from the street yard and average lakeshore setback resulting from a building addition may adversely alter the character of the area. The variances for the driveway dimensions and new driveway hardcover in the 75' lake yard may limit the parking ability for the homeowner and may adversely impact the character of the neighborhood. LA20-000057 September 21,2020 Page 4 of 5 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not alone 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 single family home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property is substandard in size and width and has lake frontage on either side. The immediate neighbors have similar challenges. The applicant was able to construct a home conforming to all setbacks in 2009. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. There are other properties in the neighborhood with substandard size and width with double frontage to the lake, which are not unique conditions affecting only this property. The proposed addition would require street yard and average lakeshore setback variances which other neighboring properties have met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states that their family has grown and need additional living space within the home. The property was built to meeting setback requirements,the property owner currently has use and enjoyment of the property currently. 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 states this to be true. Staff would recommend the Planning Commission to discuss the parking limitations for the property by shrinking the current driveway and parking availability. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property owner built the principle building to meet all setbacks in 2009. The addition to the home is not necessary to alleviate a practical difficulty and would merely serve as a convenience to the Owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments Two letters of support for the application were submitted to city hall. (See Exhibit F) Issues for Consideration LA20-000057 September 21, 2020 Page 5 of 5 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. Planning Commission should discuss the parking limitations for the property by shrinking the current driveway and parking availability. 3. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends denial of the requested variances. The applicant has not met practical difficulty standards. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing & Proposed Survey and Images Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Submitted Letters Exhibit G. Property Owners List and Map Land Use Application Summary Application Date: 08/19/2020 Address: 1985 Fagerness Point Road Orono, MN 55391 Parcel Number: 1811723140004 Land Use Number: LA20-000057 Application Submitted By: Agent on behalf of property owner Owner: Name: MATTHEW BRIGGS/ALISSA BRIGGS Address: 1411 SCHOOL HOUSE RD SANTA BARBARA, CA 93108 Applicant: Name: Dan Gallus Company: Michael Gallus Construction inc Address: 6306 ehler ave Delano , Mn 55328 dan.gallus@gmail.com Contact Information: Associated Contact: Dan Gallus dan.gallus@gmail.com Associated Contact: MATTHEW BRIGGS/ALISSA BRIGGS Associated Contact: Associated Contact: Project Description: garage expansion/remodel Land Use Application Type: Amendmend Application Appeal of Admin Decision El Concept Application ❑ Conditional Use Permit Site Plan Application ❑ Subdivision Application CI Subdivision Exception Vacation Application Variance Application El Applicant Signature: tt I/ PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000057 he property owner proposes to use the property in a reasonable manner not permitted by Zoning Chapter. Response: The property owners proposed variance would allow a garage to be closer to Fagerness Point Road than the current Zoning Chapter allows. The garage would still be much farther off the street than most homes garages. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The landowner removed a garage that was very close to Fagerness Point Road in 2009 and built a custom home that was compliant to the regulations at that time. We are proposing a this garage addition bring the property back to a consistent design to the neighboring properties. 3. The variance, if granted, will not alter the essential character of the locality. Response: If the variance is granted it will enhance the character of the locality. The home will be more consistent with the design of the other properties on Fagerness Point Road. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations are not part of our proposed application ractical 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: The property owners recently purchased a Tesla electric car. They are currently checking into solar options that would work on the proposed roof of the screen porch. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: The property owner is not proposing and anything that is not allowed under the zoning of the 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: NA 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The current design of the home is a little odd or unusual compared to the neighboring erties. The home has a more straight up design to fit on the lot within the conforming regulation. The ge expansion and screened in area will better match the existing, and under construction homes on Fagerness Point Road 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: NA 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The properly owners family has expanded since the original build and an additional bedroom is needed where the current garage is. 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: If the variance is granted it will not in any way impair the health, safety, comfort, morals, or anything else that would be contrary to the Zoning Code. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The property owner request for the garage expansion and additional bedroom is needed for the future enjoyment of the property. They love their location in Orono and on Lake Minnetonka. With the aging for their parents and current limited covered garage space they are limited to seasonal visits. • icL Qv U �, ' O — v Ala 3a 1an _ _ O _.\> I= I2 �&) , O. �•- 0t xI CLw • 'app I �Wt., ) �8i' � sIid ) I %%2,4 I xP /.,i,. / .� *,.• y; ,. -. a6oia has !r / , •` .. 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IP 9{7 «a •A) 1�0-J61 • (NOWON) 110-,LZ • • -17 rl ISO-14Z • • , r iM1`/ls15l7 GrIVA L.V OF,s.VL'afJV..'? 1-U15 A,k.l,S.IO1lam<>)M 7YJ3YJ:kiA 1111' :II/Old 200 .,O-,9 X..0-.O _J V • • X0I-,9X..5/Z-,40Y 0 I i OAlW9'i1599O4— _ - y I ��jaWL ■ 11• Ci)oit:o , L, r, b L J • 9992 9992 rM 0 917 (AMA 10-161 (NOWQLM) I,0- GZ 11 O l4Z o + >- 9 • 91 1 E O L _I XVW _ XVW___ 1TVA 11111VA I I I I S I OG I asci-fA1uvd 1111 \/\/ L �J 4 z p x � I1 :11I:5IX7 I 7NI City of Orono � Hardcover Calculation Worksheet Property Address: 1985 Fagerness Point Road '..,.. "�` Prepared by: Mark Schoenfelder, PE, LS Date: August 28, 2020 Stormwater Quality Overlay District Tier (Circle one) CIO ier 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)( ) � � (24' 3 3'x22.1' /18.4'x20.2' 1,263 {7�0 S.F A House B Porch 30'x10'/8'x2' 316 S.F C Covered Deck 18.8'x8'/8 x8'=2 182 S.F D Patio Irreular shape 651 S.F lk' E Sidcwastairs (To be Removed) 37'x'1' 148 S.F F Concrete Priv (10 be Removed) 36.5'x13.5' 444 S.F o Concrete Drive within 75'of Lake(To be Removed) 13.5'x1'/13.5'x1':2 20 S.F H Garden Shed 8'x7.3 58 S.F i Stairs to Lake 32'x4' 126 S.F J Parking Pad 2-7 x QQ S.F K Retainrn,Walls 42.3'xl/52.5'xl'/78.8'xl' 174 S.F L New Bui ding Addition (T be Added) 24'x2319)(4'/10'x8.6 674 S.F. M New Stairs and Sidewalk To be Added() 22'x4' 88 S.F N New Concrete Driveway To he Added) 12,7'4 8' 229 S.F O New Concrete Drive within 75' of Lake(To be Added; 18'x0.5'/18'x1.5':2 23 S.F P S.F o S.F. R S.F S S.F. T S.F. U S.F ✓ S.F W S.F. x S.F Y S.F Z1. 1 (1) Total Proposed Hardcover I 4.334 Exaudable Hardoovsr j$st City Cods Sec 7$-1t6t$44: Retaining Walls not within 75 of Lake 6.5'xl'/32.8'xl' 39 S.F S.F S.F S.F S.F. (2) Total Excludable Herdoover 39 S.F j (3) Net Proposed Hardcover [Subtract lane(2)from line(1)) 4,295 S.F (4) Total Lot Area 17.345 S.F Proposed Hardcover Percentage f(3)+(4)) 24.76 % 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 wie proved. Page 9 of 0 August 26, 2020 City of Orono Attn: Planning Department 2750 Kelley Parkway Orono, MN 55356 Re: Briggs Addition To Whom It May Concern: We are neighbors with the Briggs and live at 1971 Eagerness Point Road. We had a chance to review the Briggs plan and are in support of the overall design. We think it will fit in nicely to our neighborhood. If you have any questions, please let us know. Very Truly Yours, (Arr James and Jennifer Schugel 1971 Fagerness Pt Rd City of Orono Attn:Planning Department 2750 Kelley Parkway Orono,MN 55356 Re: Briggs Addition To Whom It May Concern: We are neighbors with the Briggs and live at 1975 Fagerness Point Road. We have lived in the neighborhood 47 years.We had a chance to review the Briggs plan and are in support of the overall design. If you have any questions please let us know. Very Truly Yours, Lindy&John Purdy City of Orono Attn: Planning Department 2750 Kelley Parkway Orono,MN 55356 August 26,2020 Re: Briggs Addition To Whom It May Concern: I am a direct neighbor with the Briggs and live at 1981 Fagerness Point Road. I have lived in the neighborhood 10 years. I had a chance to review the Briggs plan and in support of the overall design. If you have any questions please let me know. Very Truly Yo , - Nicole Hartung 1981 Fagerness Pt Rd RUN DATE:08/20/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 18-117-23 14 0002 38 18-117-23 14 0016 WILLIAM AUSTEN GRIERSON WF&K A PETERS 1989 FAGERNESS POINT RD 1950 CONCORDIA ST ORONO MN 55391 ORONO MN 55391 WILLIAM A GRIERSON WILLIAM F&KARAN A PETERS 1989 FAGERNESS POINT RD 1950 CONCORDIA ST WAYZATA MN 55391 WAYZATA MN 55391 38 18-117-23 14 0003 38 18-117-23 41 0001 M R MILLER&J L MILLER DOUGLAS FICK&SUSAN FICK 1987 FAGERNESS POINT RD 1991 EAGERNESS POINT RD ORONO MN 55391 ORONO MN 55391 MICHAEL R MILLER& DOUGLAS J FICK JUDITH L MILLER SUSAN K FICK 1987 FAGERNESS POINT RD 1991 EAGERNESS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 18-117-23 14 0004 MATTHEW BRIGGS/ALISSA BRIGGS 1985 FAGERNESS POINT RD ORONO MN 55391 MATTHEW BRIGGS/ALISSA BRIGGS 1411 SCHOOL HOUSE RD SANTA BARBARA CA 93108 38 18-117-23 14 0005 NICOLE HARTUNG 1981 FAGERNESS POINT RD ORONO MN 55391 NICOLE HARTUNG 1981 EAGERNESS POINT RD WAYZATA MN 55391 38 18-117-23 14 0006 JOHN PURDY/SUSAN PURDY TRSTS 1975 FAGERNESS POINT RD ORONO MN 55391 JOHN K PURDY SUSAN L PURDY 1975 FAGERNESS POINT RD WAYZATA MN 55391 38 18-117-23 14 0007 J E SCHUGEL&J A SCHUGEL 1971 FAGERNESS POINT RD ORONO MN 55391 JAMES E SCHUGEL JENNIFER A SCHUGEL 1971 FAGERNESS POINT RD WAYZATA MN 55391 38 18-117-23 14 0008 J BUBOLTZ&C BUBOLTZ 1973 FAGERNESS POINT RD ORONO MN 55391 JOHN BUBOLTZ CHRISTINE BUBOLTZ 901 RIDGE CREST DR CARVER MN 55315 38 18-117-23 14 0009 G L EKLOF&C F LEE 1965 EAGERNESS POINT RD ORONO MN 55391 GARY EKLOF/CATHY LEE 1965 FAGERNESS PT RD WAYZATA MN 55391 38 18-117-23 14 0010 M S IVES&K F GEMPLER 1955 FAGERNESS POINT RD ORONO MN 55391 KARLTON&MARIA GEMPLER 1955 FAGERNESS POINT RD WAYZATA MN 55391 38 18-117-23 14 0011 J B WALDRON&LYNN H WALDRON 1951 CONCORDIA ST ORONO MN 55391 JOHN B WALDRON LYNN H WALDRON 1951 CONCORDIA ST 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 County Locate & Notify Map Date: 8/20/2020 J05 05, I`25o't, G:,, 1,515,+► s. 1:r.117 1 15,12) Vit; 1951,•5. .Ar "I /955ik, }u eTnt 5 549-°1 1965,, t"I 44• f '' 197t 71 4 40, . . I?75 .p d, fel 19111 e. , . r r ISS ,„Ax r r t9T ,, It 1934x' If 1 • Buffer Size: 500 0 50 100 200 Feet Map Comments: IIIIIIIII 1985 Eagerness Point Road lois data (i) a furnished 'AS IS' with no representation as to completeness or accuracy, (ii)is furnished with no warranty of any khd, and (ii) is notsuitable for Iega1 engrreenng or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from the data. For more information,contact Hennepin County GIS Office 300 6th Street South,Minneapolis,MN 55487/grs.info@h en ne pin.us Date Application Received: 08/19/2020 Date Application Considered as Complete:08/25/2020 i �.O.A 60-Day Review Period Expires: 10/25/2020 To: Chair Ressler and Planning Commission Members y Dustin Rief, City Administrator 4JE;ESHO4� From: Melanie Curtis, Planner h'1GG Date: 21 September 2020 Subject: #LA20-000058, Mark& Mary Enger, 2697 Casco Point Rd, Variance Public Hearing Application Summary: The applicant is requesting a hardcover variance to add a 10'x10' driveway turnaround. Staff Recommendation: Planning Staff recommends approval of the additional hardcover if planning commission finds practical difficulty supports a variance. Background The owners built a new home on the property which was completed in 2019. The project was designed to conform to the 25% hardcover limitation.After living in the home through one winter the owners have realized there are a number of challenges in their driveway design relating to its length and narrowness; its orientation and proximity to the home; and the steep slope leading up to Casco Point Road. They are requesting a hardcover variance to permit an additional 100 square feet of driveway hardcover to add a 10' x 10' back up apron so they and their guests may drive out of the property facing frontward. Practical Difficulties Analysis Applicant Submittal Information: The applicant has identified safety, the busy roadway,the property's unique design, slope and driveway easement 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: Regarding practical difficulty, Staff finds there may be consideration for the slope and access challenges to support a small hardcover variance. The home is newly constructed suggesting that the difficulty is self-created. FILE#LA20-000058 21 Sept 2020 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-1288; 78-1680;and 78-1700- Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 20,509 s.f. 5,127 s.f. 5,170 s.f. 5,270 s.f. (25 %) (25.2%) (25.7%) Applicable Regulations: Hardcover Variance (Sections 78-1288; 78-1680; and 78-1700) Due to a calculation error by the surveyor, the property is currently 43 square feet over the 25% limitation. The applicants are requesting approval for an additional 100 square feet of hardcover in addition to the acknowledgment of the additional 43 square feet. In reviewing the hardcover elements on the property there few areas where reductions can occur as the house and driveway account for the majority of the site hardcover. The length of the driveway combined with the steepness of the road approach suggest that a turnaround area should have been included in the original plans 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 variance is in harmony with the purpose of the Ordinance.The substandard lot has difficulties in its slope,small size and depth, and unique configuration with the driveway easement and Casco Point Road. 2. The variance is consistent with the comprehensive plan.The hardcover variance is requested to alleviate the owners'safety concern relating to the challenging driveway configuration which is not inconsistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. FILE#LA20-000058 21 Sept 2020 Page 3 of 4 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 hardcover may be reasonable and may be supported by the practical difficulties found in the restricted maneuverability which results from the narrow width and orientation on the property in addition to the steep access to the elevated, highly trafficked roadway is not unreasonable. b. There are circumstances unique to the property not created by the landowner; The shared driveway access and topography of the lot were not created by the owners. However the recent redevelopment of the property provided a missed opportunity to improve the driveway situation; and c. The variance will not alter the essential character of the locality.The minimal hardcover variance requested to provide better maneuverability on the driveway will not alter the essential character. 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 driveway for a residence is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The sloped topography, lot width and depth, and shared driveway situation are particular to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The street adjacent to this lot is substantially higher than the house. The slope conditions and orientation of the access to the busy roadway do not generally apply to the other properties in the LR-1C district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The owners indicate that granting the hardcover variance is necessary for the preservation of their 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 a hardcover variance to allow for a safer driveway in this 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.All of the practical difficulties have not been met to justify supporting the hardcover variance. It appears the driveway configuration should have been addressed with the Owners' recent redevelopment of the property. The granting of the variance would alleviate created safety concerns for the owners, rather than convenience.This criterion is not met. FILE#LA20-000058 21 Sept 2020 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. Public Comments Comments from neighbors have been received.The comments are attached as Exhibit F. 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 While understanding and appreciating the plight of the applicant, Planning staff cannot recommend approval of the variance. Staff encourages the Commissioners to visit this property. If the Commission finds that the practical difficulties support granting of a variance to accommodate the 100 square foot turnaround and the additional 43 square feet of hardcover erroneously miscalculated, a recommendation for approval may be appropriate. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Applicant Photos Exhibit E. Submitted Hardcover Calculations Exhibit F. Neighbor Comments Exhibit G. Property Owners List Exhibit H. Plat Map Land Use Application Summary Application Date: 08/19/2020 Address: 2697 Casco Point Road Orono, MN 55391 Parcel Number: 2011723230004 Land Use Number: LA20-000058 Application Submitted By: Property Owner Owner: Name: MARY C ENGER& MARK M ENGER Address: 2875 GULF SHORE BLVD N B-302 NAPLES, FL 34103 Applicant: Name: Mark Enger Company: Address: 2697 Casco Point Road Orono, MN 55391 Markenger2@gmail.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Hardcover Variance for Driveway Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: \.@ PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000058 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: By this variance request, we are asking to be allowed to provide a minimally normal access functionality to our property. With one of our primary considerations being the safety of those attempting to have vehicle access to our property. To accomplish this we are asking for the addition of a hardcover area that would reasonably accommodate a turnaround option for vehicles exiting the property. The reason being that the current minimum standard driveway does not provide for this and poses multiple safety and practicality issues. One of those issues is that of requiring vehicles to exit in reverse back up mode, going up a steep curved, narrow driveway directly onto the very busy Casco Point Road. Further complicating the exit is at the point of road entry there are blind spots created by the curvature of the road and adjacent property trees and foliage. There are additional negative impacts on the property created by the lack of a turnaround space, which are identified in this application. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response:The 100 year old lot is narrow, long and fairly steep with the house set in the lower flat valley point of the lot. The main road is accessible via a long narrow, curved driveway. The driveway is such in order to comply with the current hardcover requirements. The driveway utilizes almost as much hardcover as the house as noted in the hardcover calculation worksheet. The historical hardcover requirements were based on a tiered system which included criteria that took into account the length of the lot. This obsolete system was designed to accommodate and thus prevent the hardcover hardship that we have incurred by such a lot as ours. The functionality of the lot is severely compromised under the current hardcover requirements, as a major portion of all the hardcover must be used solely for driveway access to the main road due to the length of the lot. 3. The variance, if granted, will not alter the essential character of the locality. Response: If granted, the variance request would resolve the issues identified but would not change in any way the character of the locality. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Not applicable 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: The lack of a hardcover turnaround presents another burden in terms of snow removal. The most effective and available means for snow removal for a driveway the length of ours is to use a plow service. However, we have been unable to find a plow service that could/would do the work because of the maneuverability constraints on the driveway. We are retirement age, and given the long length of the driveway leaves us in a quandary as to how we would be able to age in place in our home or be able to exit our home in the winter months without the requested turnaround area. We also have concern, that should we or anyone in our home, require an emergency response, would those responders be able to quickly and expeditiously exit the property. The maneuverability difficulties incurred by those who use the driveway, has also caused tree loss and landscape damage as seen in the pictures included in this application. The feedback from visitors who have experienced the many hardships related to our driveway say they do not to come back or use it again. 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 applicable 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Not applicable 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The driveway required on our type and size of lot does present some unique conditions as it is or may be proportionately the longest driveway in the area. The neighbor to the south does have a comparable lot configuration which .ncludes a long driveway. This neighbor does have a hardcover turnaround similar to what we are requesting. The many issues we are encountering because of the lack of a turnaround were alleviated for the neighbor with a hardcover turnaround. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Not applicable 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The current driveway limitations, ongoing and seasonal, do not allow for safe, reasonable use of the property. Granting the requested variance, is the minimum means to make the property functional. The current conditions are definitely stressful, anxiety producing and can cause damage. The request we are making is unrelated to any level of enjoyment but rather would make the property safe, useable and livable. 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 granting of the request will not in any way impair health, safety or comfort, on the contrary, it is being requested for the purpose of improving safety and increasing the comfort and ease in which the property can be utilized. It may also be considered, that the variance approval, by mitigating some of the issues identified in the application, would contribute to the well being of all those who visit the property. The impact is a positive one. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. .esponse: The burdens and difficulties caused by the lack of a hardcover turnaround presented in this application, represent a true hardship to the property owners. The current conditions do not allow for the safe, reasonable use of the property. Not all who enter the property have the driving skills to navigate and accomplish a reverse exit from the property. Even those able to maneuver a reverse exit still have to enter a very busy road with double blind spots. The practical difficulties that arise are beyond inconvenience, they leave the property at times inaccessible and in a dangerous condition. Alternatives such as street parking are fraught with additional safety and access concerns. Given the age and mobility concerns of many of our visitors, a turnaround is the best option for suitable entry and exit access to our property. We invite all to visit the property to see and experience first hand the concerns we have presented in this application. We respectfully request that our variance application for a hardcover turnaround be approved to provide for the safety, basic functionality and prevention of damage to our property. 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'‘•, ' i - — --1, It''' 'Li'‘' . , ....N,.\ii.„._ '-: ....),•14 - , .‘• ., \N t, - .• - •aii ••-- . -,,s. ...•. . ,,,,, k' , 46 ,,,: ,- ' ' - :,, . .*::... ', ',I. ,ie..; • , Is, ., -,Vo 4' -11It , L'S'I,•'. .'”' i ',..*.' I. 4. .... '' N 44, •,. -1..i_1. _ . ..', ,-441., , . e'f,-,- . , _IP+,NN, - -= ..,, , ,. _____ • - • iiA4t .... . . v,. . • - - :4114.-.. f .4,-. - . . ‘,.., -- . "lk 4.1.44,4"...,101t,t,itaiiiolliggaimui4, ... _ vi,,..ii LAI _......., ,„., ....,_ Er" PAM,' 4S Casco Point Road looking south City of Orono ,,o,vo Hardcover Calculation Worksheet Property Address: .2 p? C sc p ! pi # e14d ',p Prepared by: Prof m W h rr- Date: illigr A Pr u /2". Y1/2o2 D Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier/ 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to 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) Total Survey Length x Width (Square Feet) (Example) (Gera , j24'x 30') A t t_al l .24(31 (720 S.F.) B rives.) am4 t.+ jk Z27 S.F. D kms >A' �e�ck am ,rfep 37 S.F. .i� PDpic4 b S F E ire ..‘p S.F F k S }; G i~5 '� laic. s-1-4r- �7 SF. S.F. H S.F. J S.F K S.F. L S.F L S.FM . N S.F 0 — S.F. P S.F. 0 S.F. R S.F S _ S.F T S.F T S.F. v _ S.F. W — S.F. X SF Y —— S.F. Z S.F S F. (1) Total Existing Hardcover S-170 S.F. Excludable Hardcover(See City Code Sec 78-1684): SF S.F. S.F S.F (2) Total Excludable Hardcover S.F. (3) Net Existing Hardcover (Subtract line(2)from line(1)j S F 5-1 7 0 S F (4) Total Lot Area 2,..01SC•9 S.F. — Proposed Hardcover Percentage [(3)+(4)) ...5-: 2 % (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 City of Orono Hardcover Calculation Worksheet Property Address: n �bs'7 Ct<Sco Prepared by: v � ate: zvf2ozoret OW N rr ! l4rkEr Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to 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 1 Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Example) (Gar ge) (24'x 30') (720 S.F.) A ti�[4 1 N �1 3y S.F. tlk z 2 S.F. _ to at awdsip 3 S.F yi ,� r. e4 6 F E I r F • —_ -- (per . G _y4l t' S - r , S.F. H �riveT irnea<+�4�d /19X/O /142:19: d . s.F. S.F. S.F. K — S.F S.F S.F S.F O S.F S.F. a S.F. S.F. S — _ S.F. S.F S.F. V S.F. VV S F X ----_ S.F. S.F. Z S2?O S.F. (1) Total Proposed Hardcover S F. Excludable Hardcover(See City Code Sec 78-1684): S F. SF S.F S.F. — --- S.F. (2) Total Excludable Hardcover S.F (3) Net Proposed Hardcover [Subtract line(2)from line(1)j 51'1 0 S.F. (4) Total Lot Area ,'.o. COQ S.F. Proposed Hardcover Percentage [(3)+(4)] 25.7 % 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 9 of 9 From: Jeff Essen To: Melanie Curtis Subject: 2697 Casco Point Rd Date: Thursday,September 17,2020 1:21:11 PM Melanie, Regarding the upcoming planning commission meeting and the requested variance for hard cover at 2697 Casco Point Rd. The traffic on Casco Point Road ( CPR) has become increasingly heavy. The current driveway configuration requires the resident to back up hill on a curve to enter CPR, a very dangerous maneuver . The addition of a 10X10 foot paved turn around would allow the driver to enter CPR from a forward facing position. I encourage the planning commission to approve this variance request Thank you Jeff Essen 2648 Casco Point Rd From: Karl Freienmuth To: Melanie Curtis Subject: Variance Application-2697 Casco Point Road Date: Wednesday,September 16,2020 8:10:46 PM Dear Ms. Curtis, I reside at 2659 Casco Point Road in Orono. I'm writing to express my support for a hardcover variance application by my neighbors, the Engers of 2697 Casco Point Road. My understanding is that they are applying for a permit to pave a turnaround space to facilitate cars, delivery, and service vehicles which, with a little additional space, would not have to back out onto Casco Point Road from the residence. As a frequent walker in the neighborhood (with dogs on leash, of course), I can attest that a turnaround space allowing vehicles to drive up the hill and enter CPR facing forward would enhance safety significantly. We all know how driving forward is better that backing up! Thanks for your consideration Karl Freienmuth 2659 Casco Point Road Orono, MN 55391 612-803-2963 � � ) / 5/ mu In) 12 AT C /13e fi- e /9-1) Rwr,---)‘vh- L Fi(9_,k6ez y g41 it)iPiTi4 vi-tcE DI Jj1v P /9-5 :174. 1-1Dft . 6 `X le / Ptillig0/1 .i IA) /NATi 17- ,4 F Aue // _ -l)_ Fck 7114 k5/ fifN7-5 j ^ U ?Zfg` F ti6Q-- ! T7 .33 Ginkel 2745 Casco Point Road Wayzata Minnesota 55391 From: Richard Putnam To: Melanie Curtis Subject: Engler Variance Date: Monday,September 14,2020 10:03:51 AM Melanie and Planning Commission Members, We live several houses away from Mark and Mary Engler on Casco Point and want to register our support for their hardcover variance LA20-000058.Their request makes sense from a safety standpoint, especially given the steep grade of their driveway and its intersection with Casco Point Road. Thank you, Richard and Janet Putnam 2765 Casco Point Road From: Sharon Baskfield To: Melanie Curtis Subject: 2697 Casco Pt. Rd. Date: Friday,September 18,2020 11:15:26 AM Melanie, Mark and Mary asked me to send a support for their driveway change of which I am happy to do so. I am glad Orono is open to variances for property owners. Warmly, Sharon Baskfield • Sharon Baskfield SPPS Logo Teacher of Deaf/Hard of Hearing Saint Paul Public Schools • Serving Expo, JJ Hill, Groveland, St. Marks, Chelsea Heights and Galtier Elementary Schools Cell: 952-250-6621 sharon.baskfieldaspps.orq ®� rai®li®1 ®1 RUN DATE:08/20/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 20-117-23 23 0001 38 20-117-23 23 0012 38 20-117-23 24 0003 G ERICKSON/S ERICKSON TRUSTS A WATSON&G WATSON D L RUNKLE&L F RUNKLE 2683 CASCO POINT RD 2776 CASCO POINT RD 2684 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 GERALD ERICKSON ANDREW WATSON DAVID L RUNKLE SANDRA ERICKSON GABRIELLE WATSON 2684 CASCO POINT RD PO BOX 584 2776 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0002 38 20-117-23 23 0016 38 20-117-23 24 0004 ROBERT BREON/JULIE BRANDSMA JOY ARLENE GRUNDEEN D L RUNKLE&L F RUNKLE 2691 CASCO POINT RD 2797 CASCO POINT RD 2686 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ROBERT E BREON JOY A GRUNDEEN DAVID L RUNKLE JULIE C BRANDSMA 2797 CASCO PT RD 2684 CASCO POINT RD 2691 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0003 38 20-117-23 23 0017 38 20-117-23 24 0010 B SLOSS&K NGUYEN SLOSS JAMES GIBSON&EMILY GIBSON L L VICKNAIR&R L VICKNAIR 2695 CASCO POINT RD 2795 CASCO POINT RD 2740 ETHEL AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 BRYANT SLOSS JAMES GIBSON&EMILY GIBSON LANCE L&RHODA L VICKNAIR KIMLOAN NGUYEN SLOSS 2795 CASCO POINT RD 2740 ETHEL AVE 2695 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0004 38 20-117-23 23 0018 38 20-117-23 24 0013 MARY C ENGER&MARK M ENGER REED L LARSON JACOB HEYDT 2697 CASCO POINT RD 2773 CASCO POINT RD 2700 ETHEL AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MARY C ENGER&MARK M ENGER REED L LARSON JACOB HEYDT 2875 GULF SHORE BLVD N 2773 CASCO POINT RD 2700 ETHEL AVE B-302 WAYZATA MN 55391 WAYZATA MN 55391 NAPLES FL 34103 38 20-117-23 23 0005 38 20-117-23 23 0019 38 20-117-23 24 0014 T J&S A JUNGELS ETAL TRUST R&J PUTNAM LAWRENCE D PILLAR 2715 CASCO POINT RD 2765 CASCO POINT RD 2705 ETHEL AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SHIRLEY A JUNGELS RICHARD A PUTNAM LAWRENCE D PILLAR THOMAS J JUNGELS 2765 CASCO POINT RD 6827 CARDINAL COVE DR 7730 LOCHMERE TER WAYZATA MN 55391 MOUND MN 55364 EDINA MN 55439 38 20-117-23 23 0006 38 20-117-23 23 0020 38 20-117-23 24 0015 JOANN SUE GINKEL ZHIHUA LIU&YING LIU TING FANG LIN 2745 CASCO POINT RD 2677 CASCO POINT RD 2725 ETHEL AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 JOANN SUE GINKEL ZHIHUA LIU&YING LIU TING FANG LIN 210 SUNRISE AVE 2677 CASCO POINT RD 2725 ETHEL AVE EXCELSIOR MN 55331 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0007 38 20-117-23 23 0021 38 20-117-23 24 0016 M G BASKFIELD/S J BASKFIELD D D GUTERMUTH/L J GUTERMUTH AMBER M PEIFER 2755 CASCO POINT RD 2665 CASCO POINT RD 2745 ETHEL AVE ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MICHAEL G BASKFIELD DAVID D GUTERMUTH AMBER M PEIFER SHARON J BASKFIELD LYNN J GUTERMUTH 2069 3RD ST N 2755 CASCO POINT RD 2665 CASCO POINT RD SAINT PAUL MN 55109-4013 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0009 38 20-117-23 23 0022 38 20-117-23 24 0017 CITY OF ORONO KARL S FREIENMUTH K R SADDLER&S K SADDLER 38 ADDRESS UNASSIGNED 2659 CASCO POINT RD 2755 ETHEL AVE ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO KARL S FREIENMUTH KENNETH R SADDLER P 0 BOX 66 2659 CASCO POINT RD SHERALYN K SADDLER CRYSTAL BAY MN 55323 WAYZATA MN 55391 2755 ETHEL AVE WAYZATA MN 55391 38 20-117-23 23 0010 38 20-117-23 24 0001 38 20-117-23 24 0018 CITY OF ORONO D L RUNKLE&L F RUNKLE DONNA L LILE 38 ADDRESS UNASSIGNED 2684 CASCO POINT RD 2765 ETHEL AVE ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO DAVID L RUNKLE DONNA L LILE P 0 BOX 66 2684 CASCO POINT RD 2765 ETHEL AVE CRYSTAL BAY MN 55323 WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 23 0011 38 20-117-23 24 0002 38 20-117-23 24 0019 CITY OF ORONO TODD M KIMMES J J HOLMERS&M N HOFFMAN 38 ADDRESS UNASSIGNED 2660 CASCO POINT RD 3800 CASCO AVE ORONO MN 00000 ORONO MN 55391 ORONO MN 55391 CITY OF ORONO TODD M KIMMES JUSTIN J HOLMERS P 0 BOX 66 2660 CASCO PT RD MICHELLE N HOFFMAN CRYSTAL BAY MN 55323 WAYZATA MN 55391 3800 CASCO AVE WAYZATA MN 55391 RUN DATE:08/20/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:2 38 20-117-23 24 0020 38 20-117-23 31 0011 J A SCHUTT&PIA E SCHUTT DEAN V GREIMANN 2750 CASCO POINT RD 38 ADDRESS UNASSIGNED ORONO MN 55391 ORONO MN 00000 JEFFREY A SCHUTT DEAN V GREIMANN PIA E SCHUTT 3779 CASCO AVE 2750 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0021 38 20-117-23 31 0066 J LOEHMANN&S JOHNSON DEAN V GREIMANN 2710 CASCO POINT RD 3779 CASCO AVE ORONO MN 55391 ORONO MN 55391 JEFFREY LOEHMANN DEAN V GREIMANN SARA JOHNSON 3779 CASCO AVE 2710 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0022 38 20-117-23 31 0071 D P BUESING&L R RUNNING M LYNN&S R GOUDY 2700 CASCO POINT RD 3750 CASCO AVE ORONO MN 55391 ORONO MN 55391 DANIEL BUESING/LINDA RUNNING MARTI LYNN 2700 CASCO POINT RD STEVEN ROBERT GOUDY WAYZATA MN 55391 3750 CASCO AVE WAYZATA MN 55391 38 20-117-23 24 0029 38 20-117-23 32 0016 DUSTIN KINDL&CASIE L KINDL S M WELTZIN&E H HABERMAN 2649 CASCO POINT RD 2800 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 DUSTIN J KINDL SHANE M WELTZIN CASIE L KINDL ELIZABETH H HABERMAN 2649 CASCO POINT RD 2800 CASCO POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0030 38 20-117-23 32 0017 TIM HANSON TAMMY L WOODIS/MARC BRICKMAN 2645 CASCO POINT RD 2818 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 TIM HANSON TAMMY L WOODIS 1270 ARBOR ST MARC BRICKMAN WAYZATA MN 55391 2818 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0039 38 20-117-23 32 0018 J W&B J ESSEN C G HAWLEY&J M HAWLEY 2648 CASCO POINT RD 2794 CASCO POINT RD ORONO MN 55391 ORONO MN 55391 JEFFREY&BARBARA ESSEN COLBY G HAWLEY 2648 CASCO PT RD JENNA M HAWLEY WAYZATA MN 55391 2794 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 24 0040 38 20-117-23 32 0021 C R SHOOP&J W SHOOP RUSSELL WYLLIE 2720 ETHEL AVE 3799 CASCO AVE ORONO MN 55391 ORONO MN 55391 CATHERINE R&JOEL W SHOOP RUSSELL WYLLIE 2720 ETHEL AVE 3799 CASCO AVE WAYZATA MN 55391 WAYZATA MN 55391 38 20-117-23 24 0044 JANET C KAUFFMANN TRUSTEE 2696 ETHEL AVE ORONO MN 55391 JANET C KAUFFMANN 2696 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0045 MARC COHEN&IRV COHEN 2697 ETHEL AVE ORONO MN 55391 MARC COHEN 2697 ETHEL AVE WAYZATA MN 55391 38 20-117-23 24 0046 MICHAEL D REVIER 2691 ETHEL AVE ORONO MN 55391 MICHAEL D REVIER 2691 ETHEL AVE WAYZATA MN 55391 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Hennepin Hennepin County Locate & Notify Map Date: 8/20/2020 ,„ 2601 X1 r 2617 nv, ,� 2623cm 2(..1E1 2635 if t3'I / 2545 , f , 131/)131/) 2648 E♦j 26635 } PI) I: 2677 *gid 1683 !r/ 2684 al 2691 al t l2. s i 2684 2537 2.'i 2631 2.r a.. 2715m. 2607 4 � 2Fa: 2755 • 27111 Wit' s nu till 2705 li t . .--„:- i mo 2765 • 2769 2725 a 0 2773 0,1 1t 27(FO ( 2745 '+si 03i �' 3609 ", 2755 11, 27'20 f 1 ' C 2765 rir 7LA Alt 2775'�' �5�.0*411111111%r � it9,� ity „We, 2735 2'93 114i 2901 3799 37732. 37 soa1,a _A t3'69ry 29$5 , st t-4m 51 '3753 Ns 2824 mi 372' 2897Ni 21315.. 2815. 1'4' 2.6.17 Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 1 1 1 1 1 1 1 2697 Casco Point Road This data (i) b furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is furnished with no warranty of any knd, and (ii) is notsuitable for legal, engineering or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from this data. For more information,contact Hennepin County GIS Off be 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us Date Application Received: 08/24/2020 Date Application Considered as Complete:08/24/2020 1'O` YO 60-Day Review Period Expires: 10/23/2020 y To: Chair Ressler and Planning Commission Members y Dustin Rief, City Administrator �� G� q kE S H OO' From: Melanie Curtis, Planner WOG Date: 21 September 2020 Subject: #LA20-000062, Bob Molstad with Sathre-Bergquist o/b/o Ellen Forcier 4780 North Arm Dr W Variances Public Hearing Application Summary: The applicant is requesting lot area and lot width variances in order to develop a property with substandard area and width. All setbacks and requirements will be met. Staff Recommendation: Planning Department Staff recommends approval. Background The subject property previously had a single family home; a demolition permit for the foundation remnants was recently issued. The applicant, representing the property owner, is requesting lot area and lot width variances to develop the Lot of Record with a single family home which meets all zoning requirements. tT';i. 41 "‘'• �' i .W Practical Difficulties Analysis Applicant y1�;.� ,, ,. / "� .,r Submittal Information: The applicant has r , �. 's. sor 4 identified the property's Record Lot status; the J • - ,:;:4 ::a., I r or i substandard area and width as well as the iJ' , �y i.% ' ' if inability to purchase additional land; and the JY YY . '4. 1.: i" ° `�e' ,i_ roadway easements impacting the property size E.' / ., _ 1 "' - � ,;,'`ar as practical difficulties supporting the requested a �: :�`--.,�i. ' - 'J' '. ;I / variances.Additionally, they have provided '. a I ,- r Ii :�,•ys o,• ,Yar supporting documentation regarding Practical , r'" 4` iari '4F.,... ' ' I , ' Difficulties attached as Exhibit B, and should be y 1 �/1� A""=� ; ..ili. •ii �/ --�. asked for additional testimony regarding the i �`ir. application. i .J.i�.'. X11, +l • ` '`_-`1 j; Planning Staff Practical Difficulty Analysis: rte -� 4 ' 1. _f-- - Regarding practical difficulty, Staff finds there is si,. YJ \� `-''' ,� -� ,�-- practical difficulty in the property's existing area E.,.�. .. `° ;�,: . and width impacting its inability to conform to • Isv ram . .• xaioJls..x.;aihi Palk CJY.YSEi rvVVJJI -•;::,..,:,7.23:::::;:3,;•.1:;..„,:,::,.,:; ' l N.SQ%t3k(tiS]SYSIJJ VYYJJI; the current zoning requirements for lot area and -. NOR H ARM DR.W, width. FILE#LA20-000062 21 Sept 2020 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-420-Setbacks: RR-1B Required Proposed Front 50' 50.7' Rear 50' 80' Side Street (CSAH 19) 30' 30.2' Side 30' 30' Section 78-420- Lot Area/Width: RR-1B Lot Area Lot Width Required 87,120 s.f. (2.0 acres) 200' Actual 21,644 s.f. (0.5 acre)* 119.25' *After removal of the right-of-way areas. Gross area=32,658 s.f. (0.75 acre)—ROW 11,014 s.f. = 21,644 s.f. (0.5 acre)net. Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 21,644 s.f. (0.5 acre) Allowed: 4,328 s.f. (20%) Proposed: 2,383 s.f. (11%) Applicable Regulations: Lot Area and Lot Width Variances (Section 78-420) 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 a Rural District greater than one acre in area and not served by city sewer, like the subject lot within the RR-1B District, are able to be redeveloped without variances if specific standards are met;such as: 1. The lot area and lot width each meet at least 50 percent of the district standard. 2. Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. 3. All other zoning ordinance requirements must be met, including but not limited to the following: a. Setbacks. b. Hardcover. c. Lot coverage by structures. d. Accessory structure requirements. The property's size does not meet 50% of the RR-1B District 2-acre requirement for area (50%= 1-acre) and lack of a second septic treatment area result 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. 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 FILE#LA20-000062 21 Sept 2020 Page 3 of 4 for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances requested to redevelop this nonconforming property, resulting in a plan which meets all of the zoning requirements, are in harmony with the ordinance. 2. The variance is consistent with the comprehensive plan.The variances proposed to develop this nonconforming lot of record 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 construction of the home in a conforming location on the substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard size is an existing condition.There is no available land with which to make the property more conforming, 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 in a conforming location which will not alter the character of the neighborhood, which is reasonable. 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 residence 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. Although the subject property is likely the smallest,there are other properties within the immediate neighborhood which do not conform to the 2.0 acre minimum standard.The proposed level of development is not out of character. FILE#LA20-000062 21 Sept 2020 Page 4 of 4 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The property's 0.5 acre size is not common in the district, however it is a lot of record and the development with a home which meets all of the zoning setbacks and requirements.The variances grant reasonable use. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area and lot width variances are necessary for the preservation of the property right of the owner. 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 variances for lot width and lot area 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 for lot area, and lot width are necessary,and do not merely serve as a convenience to the owner. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received on the variance request. However,this site has generated a number of recent comments from the immediate neighborhood anticipating development; nothing in writing has been submitted. 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 variances. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. 1977 Survey Exhibit F. MCWD Email—no wetland Exhibit G. Property Owners List Exhibit H. Plat Map Land Use Application Summary Application Date: 08/24/2020 Address: 4780 North Arm Orono, MN 55364 Parcel Number: 0611723230012 Land Use Number: LA20-000062 Application Submitted By: Agent on behalf of property owner Owner: Name: ELLEN JOAN FORCIER Address: 3109 DAKOTA AVE S ST LOUIS PARK, MN 55416 Applicant: Name: Robert Molstad Company: Sathre-Bergquist, Inc. Address: 150 South Broadway Wayzata„ MN 55316 molstad@sathre.com Contact Information: Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description: Variance Request Land Use Application Type: Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: yPl City of Orono P.O. Box 66 Crystal Bay, MN 55323 To the City of Orono: My husband,Jeff Anderson, and I, Ellen Forcier, own the property at 4780 North Arm Drive, Mound MN 55364 and have been working on building a new home at this address. I knew the lot was smaller than most buildable lots within the city ordinance.The old house which I grew up in had burned down around 1985. My mother left the land to my daughter and I hoping one of us would build a nice home on the lot. I have worked with a septic designer recommended by the State of Minnesota to see if this was possible, and from there I worked with a civil engineer to check out the land to make sure it was suitable to build on. After both confirmed the property was viable to build, we proceeded to meet with the City of Orono to let them know our plans to build on the lot and to see if there would be any conflicts. We were assured it was possible to move forward and they requested the septic and house plans to review. I have worked with a builder and designer to make sure the home I build is a quality home built with integrity and is within the city ordinances. The property had been surveyed for wetlands per your request and it was found there is no wetlands on this property,We were granted a permit which we picked up and paid for. We were notified later that the permit was voided and we needed to apply for a variance. The house is within the city's guidelines but unfortunately my septic is not, so I have filed for a variance from the city for the septic design to be reviewed so we will be able to build the house. I am writing you this letter to assure the city that we have worked very hard to make sure this home will be an asset to the neighborhood. Thank you for your time and consideration. Ellen J. Forcier PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000062 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. esponse: Response:The existing lot(152 x 214) is a lot of record,that previous had a home on it.The gross lot area is 32,658 sf,the net(less roadway easement) lot area is 21,644 sf(0.50ac) (119 x 181).The current zoning is RR-1B, 2.0 acres, 200 width.The landowner is proposing to construct a new single-family home with 3 variance requests, #1 Lot Area: 0.50 ac vs. 2.0 ac(min), #2 Lot Width: 119.25 feet vs 200 feet(min), #3 Septic System Type IV Performance System vs 2 Type 1 Systems. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Response: The lot already exists,the proposed home fits within the setbacks, not allowing the construction of a new single-family home on the lot would be considered a taking by the City.The zoning district guidelines for the septic system is to provide two Type 1 septic sites(primary and secondary)within the proposed lot of a new lot created within the RR-1B zoning district.The owner is proposing to construct a Type IV system with a County Road setback reduction from 66 from centerline of the County Road 19. Within other zoning districts within the City of Orono,the City does allow for only one septic site to be shown.This lot will require a Type IV septic system,these Type IV systems have been approved for other single-family lots. 3.The variance,if granted,will not alter the essential character of the locality. Response: Response: The new residential home will fit within the surrounding residential neighborhood; it allows for a use on the property that previously existed,and the City has allowed other homes to be constructed with only one septic site. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Response:The variance requests are to construct a new single-family home with a Type IV septic system on a lot that previously contained a single-family home. 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: Response: N/A .The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter 1r property in the zone where the affected person's land is located. Response: Response:The proposed single-family home with a Type IV septic system is a reasonable request, since it will still fit within the existing lot of record. 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Response: The proposed variance request is just for a single-family home. 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Response:The landowner is working within the constraints for the existing lot of record to construct a new single-family home with a Type IV septic system. 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Response:The variance request is a specific existing lot of record. 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Response:The lot is of record,the City variances would allow for the construction of the new single-family home,that would meet the setback requirements.The lot width and area constraints are set by the size of the existing lot.The septic site is a Type IV and has been approved on other single-family lots. 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: Response:The requested variances would allow for the construction of a new single-family home on the existing lot of record.This would fit in within the adjoining neighborhood. 2.The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable ifficulty. Response: Response: The existing lot of record, is the only area the applicant may work within. ,, � 981.2 7 �e�:TNT , .1:1'4. * TO NEW 969.0 rn xx 981.5 ` .� ��.1,, .4 4 : "� E 32 r,� 981.4 9 I.6 `i '`w�� �• i!•`�t�j �; - .-,-- i, : \ I I� d� `i . `�_�`�� \a I 93741/3/1 70.981.6 ���. 979 �' �5�► ° lm / 613,40 44„ ��,n - 34 0 9681.4198L; 4 , . �►� a d Eci �cYa ., I I 362.7 / / 94 �� 4T /i 4610 ••77.6 /I 968 966.9 yI .0 1 '�,y s�'♦ 973.0 (1is 037, 038 o-��c+s... •BW �� 44 _/ TW / / x 978.6 APPED W€�c 8 .%y :' 4. X21 -� 77 2- ,� ) •76.2,44. 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A f- n i 0 w riL A in heJ W po f2i 0 oa6 ,. o.t. -.1 .. 4 . .<tit!=-[ ,.. fMraig ti`• ;;_t_t 6 .6 ,c1) p /v2 .e_qaa 1 01.---4 Oil L—§ dktY :g r5, P rt 6R0.741 1E OW 711 -tIQ W. uEu_ii ,ft , :ti 34i lipw„,x w :Ti J ‘04 • • "• eC• 0_0• •,19 al (•, 4•1 MO- - .tr/il, , • e� 74 il I I I= =111=11 : 11=I11=1 1I II1I I1I � L, . II I� -1I*II1 111 II z-111=1II_ = IIT ' 7 ii 5 6 ''' gi 019 ? 0 =u co� � f a NZ 0 0 0 1/2' GYP.BD. (IF FNSH'D) wNAPOR BARRIER / 3/4' T4G SUB-FLOOR BLOCKING PER CODE X - . FLOOR TRUSS OR JOIST (SEE PLAN FOR SIZING/SPACING) 2x8 TREATED SILL PLATE w/SEALER, 1/2'. ANCHOR BOLTS (T MIN. EMBED) X a 12' O.C. MAX. w/NUT 4 t/8' NICK x 2'0 or SQUAME WASHER, MAINTAIN 2 34' EDGE DISTANCE FROM OUTSIDE OF CONCRETEFASTEN SHEATHING TO HEADER WITH- Sd COMMON NAILS IN 3' GRID PATTERN AS SHOWN AND 3' O.C. IN PROVIDE 1/2' GYRED. EASEMENT ALL FRAMING (STUDS AND SILLS) CEILING (TYP.) 1' (R.5) FOAM BOARD INSULATION OR 2x4 FRAMED WALL w/ R11 F.G. BATT INSULATION (1/2' AIR SPACE) POURED CONCRETE _ FOUNDATION WALL HEADER TO JACK-STUD STRAP PER TABLE 8602.10.5.4 ON 13011-1 SIDES OF OPENING OPPOSITE SIDE OF SHEATHING fM AREA DETAIL "4 _4 11=11-0' (2nx6 STUDS :ISSES/JOISTS PARALLEL TO FOUNDATION WALL • C g n I V g !VI Wel, /.9C 1G-1 lir( .9-31 /.trL .0-.9 /..t. \sAi 6 6 CIO \ 1 -I- T-- I & ib it 1 ,F C7 la 'S \ o • • L NAN: ,L-\: , - -.(\<, —_ 1--- \ ; w r-1 4 2 r- i 0 5 61 li 0 1 \ 61 111 II ° I - CHIS HEM HAS H IU r�1t n �� MItROFIIMEI for Dorothy , :dreier in the Northu...st 1/4 o ction 6-117-23 # 2 6 7 • ,, h2. o. j - ,z, 152.25 33 f 33 �- -75 0�', ry `^ a�0 N v' ?, 0 • I 0' r-- 2o'1 EXIST `r - �� HOUSE N `J ir = 24 h I (-5 �7._ vl /G' w © Q i 0 Sr 0 Z1)Sq�f , o J3 33 0 o- - —► — -o-- --- ' m M ,^ TOWN \L - 152 25 / ? O N D L -W 4 Cor r?` Sec 6-117-23 -; I C..) Cert ifi0,: - of Survey: lbarelki oortify that this 5: o trim arta correct representation of a survey of the boundaries of the We3t 152.25 feet. of the South 2.14.5 feet of they Southwest quarter of the Northwest quarter of Sootion b, Township 117 North, Naive 23 '.,ost of thy, 5th Principal Meridian, ane the location of e11 existing buildings ter n. It deices not ;.xu part to 8r.ou other ias-- proremrest8 or eacroachwor.i,:e. .444/4? i.//iif Sole: 1" -- 50' Gordon R. Coffin - , No. e .4 Date : 4-13-77 .,ann Surveyor and Planner o s I rr n r ,,ri-c r Long L.d Ae r 14i nne ao to 1i Plat of Survey for Doroth,y F. forcier 1n the Northwest 1/4 of Section 6-117-23 • y0 . - o �� _ _ x•52.25 O ,;0 37 33 `gyp , i. Al :p �9 M i so.o,� -, 33 .' of tc- ‘4.. in1 1 '' r i 4 a r 1 ` 0�n 3r 0 ...c I ` -siet mss m Ar._ _ •� \\ _ A.q#7'- -\. 21' , Y . 33 -- si o ! , o`er' �''`';67 05�7. � o5� ie� 4 9 .73 33 t $ G 0-- - - __ ' M TOWN ''s- )2..\- - ,5-2.25 R0140 - w /' Co. �' Sec 6-117-23 PI M 2 I I U Certificate of Survey: I hereby certify that this is a true and Correct representation of a survey of the boundaries of the West 152.25 feat or the South 214.5- fest of the Southwest quarter Of the Northst quarter of Section 6, Tovnsh1p 117 North, Range 23 west of the Stb Princi pal Meridian, and the location of all exi5t.ng bui 1dings thereon. It doss not purport to shau other t* provements or encroachments . ... 1AW:)._ /1•/1 _ 5 /Si Scale: 1" = 50' Gorton R. Coffin No. • ••4 Drte : 4. 13-77 tend SIarveyor and Planner o Iron marker Long Lake , Ni nnesote i --j--- � �OW/ER 1J L5 L)i 0 1111 AU6 - 51981 tarei:,:j F.511”30 LU tri CITY OF ORONO From: Heidi Quinn To: Stacey L Lijewski;Carlson,Ben(BWSR); Melissa.Collins@state.mn.us; Bud Droops; Dan Margarit; usace requests mn(a�usace.armv.mil; Melanie Curtis;Christine Mattson;Will Roach Subject: (Hennepin County)MCWD W20-17 NOD: 4780 North Arm Drive,Orono Date: Tuesday,July 28,2020 11:58:14 AM Attachments: image002.onq W20-17 NOD.PDF Orono Wetland Investigation Report.odf Minnesota Joint Application Orono Accent Homes.odf Good Afternoon, Please find the attached Notice of Decision confirming that no wetlands are present at the above referenced address. I am having an issues merging the documents in adobe while working remotely, therefore the delineation report and application are attached separately. Please let me know if you have questions. Thank you, Heidi Heidi Quinn I Permitting Technician I Minnehaha Creek Watershed District „_,,, �,„ 15320 Minnetonka Boulevard I Minnetonka, MN 55345 I Office: 952-641-4504 RUN DATE:08/24/2020 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 32 0006 EUGENE PAUL JERECZEK RAYMOND G E MAIJALA D P LEWIS ET AL FAM REV TR 285 CO RD NO 19 4700 NORTH ARM DR W 4705 AUGUSTA ST MINNETRISTA MN 55364 ORONO MN 55364 ORONO MN 55364 EUGENE P JERECZEK RAYMOND MAIJALA DAWN PAIGE LEWIS 285 CO RD NO 19 4700 NORTH ARM DR W ROSS LOREN LEWIS MOUND MN 55364 MOUND MN 55364 4705 AUGUSTA ST ORONO MN 55364 36 01-117-24 14 0003 38 06-117-23 23 0008 G HUDACHEK&T M HAGERTY P D FLEMING&C L FLEMING 305 CO RD NO 19 38 ADDRESS UNASSIGNED MINNETRISTA MN 55364 ORONO MN 00000 GEORGE HUDACHEK PATRICK&CINDY FLEMING TRACY MARIE HAGERTY 4760 NORTH ARM DR W 305 CO RD NO 19 MOUND MN 55364 MOUND MN 55364 36 01-117-24 14 0004 38 06-117-23 23 0009 THOMAS P BUETTNER J&J HEDBERG 325 CO RD NO 19 4740 NORTH ARM DR W MINNETRISTA MN 55364 ORONO MN 55364 THOMAS P BUETTNER JOHN A&JANICE HEDBERG 325 CO RD NO 19 4740 NORTH ARM DR W MOUND MN 55364 MOUND MN 55364 36 01-117-24 14 0005 38 06-117-23 23 0010 J C&D L MC CORMICK P D FLEMING&C L FLEMING 425 CO RD NO 19 4760 NORTH ARM DR W MINNETRISTA MN 55364 ORONO MN 55364 DIANE L MCCORMICK PATRICK&CINDY FLEMING 425 CO RD NO 19 4760 NORTH ARM DR W MINNETRISTA MN 55364 MOUND 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&J B ANDERSON 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 JEFFREY B ANDERSON MOUND MN 55364 3109 DAKOTA AVE S 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 32 0004 CRAIG S MADER/LAURA M MADER CRAIG D LICKISS/K K LICKISS 4885 NORTH ARM DR 425 LAKEVIEW PKWY MINNETRISTA MN 55364 ORONO MN 55364 CRAIG MADER&LAURA MADER CRAIG D LICKISS 18831 96TH AVE N KIMBERLY K LICKISS MAPLE GROVE MN 55311 425 LAKEVIEW PKWY MOUND MN 55364 38 06-117-23 23 0004 38 06-117-23 32 0005 KRISTIAN R LINDEEN GARY W GRONNEBERG ET AL 330 NORTH SHORE DR W 465 LAKEVIEW PKWY ORONO MN 55364 ORONO MN 55364 KRISTIAN R LINDEEN GARY W GRONNEBERG 330 NORTH SHORE DR W MARSHA A GRONNEBERG MOUND MN 55364 465 LAKEVIEW PKWY 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. Hennepin Hennepin County Locate & Notify Map Date: 8/24/2020 a:r 47; 19 334 4' 3u 350 iy,, 47£0 4740 yi 4700 425 4870 1?80 , fr .d " +w r+a,.raa ..fi,d'+ a`. sxxas:... ::n: Ft. rz„};� a..v�,, s:. .r s;.v a, #d;Mw ad uw it E^�h P�1 �Q�•� 40.5, 4845 ,• ro 425 4885 505 i1, 55 4705 • 47 Buffer Size: 500 0 50 100 200 Feet Map Comments: 1 1 1 1 1 1 1 1 1 4780 North Arm Drive W. This data (0 's furnished 'AS IS' with no representation as to completeness or accuracy; (ii)is furnished with no warranty of any knd; and (ii) is notsuitable for legal, engneenng or surveying purposes.Hennepin County shall not be liable for any damage,injury or loss resulting from the data. For more information,contact Hennepin County GIS Offce 300 6th Street South,Minneapolis,MN 55487/gis.info@hennepin.us To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator � 1111 (1111) , From: Jeremy Barnhart, AICP `1kESHG4`" Community Development Director Date: September 21, 2020 Subject: #LA20-000052, Mark Rausch o/b/o University of St.Thomas and David Weekley Homes, NW corner of Willow Drive and Wayzata Blvd., Concept Plan review Application Summary: The applicant is requesting comment on a proposed concept plan for a 3.69 acre/43 unit townhome development at the NW corner of Willow and Wayzata. Staff Recommendation: Planning Department Staff recommends the external setbacks be revised to be consistent with the Stonebay townhome development and other comments provided be addressed. Background The subject property is guided for urban high density residential (20-25 units per acre) in the 2040 comprehensive plan. In March of 2019, the City Council reviewed a concept plan (LA19- 000006)for potential 75-90 unit apartment building at the corner,to be developed under RPUD zoning. The City Council did not support that proposal. Councilmembers suggested the development on this corner should be more in line with the Stonebay townhome development on Kelley Parkway; this type of development, at lower densities, will require an amendment to the Comprehensive Plan and Met Council approval. Responding to this Council direction, a new developer has prepared a concept plan for a townhome development featuring 43 townhome units over 12 buildings. The applicant has attempted to mimic the character of the Stonebay townhomes across the street. Access to the development would be via two drives off of Kelley Parkway. No access is proposed onto Willow drive or Wayzata Blvd. The project will be served by municipal water and sanitary sewer. The proposal includes a number of sidewalks linking the front doors of the units to sidewalks along Kelley and Willow. Applicable Regulations: Section 78-627 outlines the review procedure for RPUD development. The first stage is the development of a concept for review by the Planning Commission and City Council. Following non-binding guidance, a developer will make an application for master development approval, rezoning, preliminary plat, and in this case, comprehensive plan amendment. All of these applications are public hearings. After these approvals, the developer will make an application for a final site plan and building plan approval,to be reviewed and approved by the Planning Commission and City Council. The RPUD standards are summarized in FILE#LA20-52 September 21,2020 Page 2 of 5 the table below: Section Standard Flexibility Requested? 1 (1) Minimum area: 5 acres or No. Part of the Stonebay tied to adjacent RPUD RPUD 2 Uses. Allowed: Multifamily residential 3 Sewer availability No. Sewer is available and the density is greater than 1 unit or 2 acres 4 Density. Each development in No,assuming approval of the RPUD district shall have a amendment. density within the range specified in the comprehensive plan for the specific site. 5 Incentives.The city may utilize None requested incentives to encourage the construction of projects which are consistent with the city's housing goals. 6 Floor Ratio Ratio, up to 1.0 To be determined 7a Setbacks Yes. External street setbacks not met. 7b Height,stories, roof style No. To be verified 7c Outside storage No. None proposed. 11 10%Private Recreational Area No,tot lot shown (Active and/or Passive) 12 Common Ownership No. 13 Signage Signage plans not yet developed 14 Landscaping Landscaping Plans not yet developed 15 Architectural Standards Final plans not developed, but are anticipated to be based on Stonebay palette. 16 Flexibility from standards Allowed and requested 17 Traffic Studies Not suggested 18 Building Permits Expected 19 General regulations applicability Expected 20 Lighting No. Lighting plan not yet developed 21 Trails Sidewalks and public walks proposed FILE#LA20-52 September21,2020 Page 3 of 5 Analysis: Staff has completed its analysis of the concept proposal. To supplement the comments outlined in the comment letter dated August 26, 2020, Exhibit E: Comprehensive Plan Amendment. The proposal provides a density of about 11.65 units per acre. The reduction of the guided density from 20-25 units per acre to Urban Medium High Density(10- 20 units per acre) will impact the City's density calculation. For comparison, the townhome (excluding the twinhomes on the edge of the development, and the condominium building) portion of Stonebay provides 47 units in about 6 acres for a density of 7.8 units per acre. The impacts to the City's density calculations: Predicted Density,;Based on Net Density Table 3B-4,2040 CMP 2021-2030 2031-2040 Lowest "Affordable Net Resident al Predicted#of Calculated Growth Growth Willow/Wayzata concept plan Guided Housing" Acres(NRA) units on property City Density Difference Difference Density Acre units (deficit) (deficit) A Requirements 3.00 609 394 154 1 No Change(Current Comprehensive Plan Calculations) 4.437 91 52 353 *With Amend#3 Orchard Hi l l added 2 Reduce density to Urban Medium High(10-20 u/a) 3.69 10 36 4.276 91 17 353 MUSA totals 227.2 971 3 Reduce density to Urban Medium(3-10 u/a) 3.69 3 11 4.162 91 (9) 280 MUSA totals 227.2 946 B Notes Calculated Density is density of all sewered areas in Orono,must be a bove 3.0 Growth difference is the number of units above(or below)the projected growth for 2021-2030 and 2031-2040 Affordable Housing Acre Units are the number of acres guided for densities at 8 units/acre or more x 8. Capacity remains in the city's density calculation allowing a reduction in density for the subject property. The City should recognize that continued reductions in density, and additions of rural area may limit the ability to expand MUSA in the future. The subject property is at the corner of one of Orono's more intense intersections,with a grocery/ retail on one corner, office on another, and a gas station and fast food restaurant south. Often higher densities effectively serve as a buffer between these uses and lower densities nearby. Staff supports higher density at this corner as guided by the Comprehensive Plan. 10% recreation area. The plans show 16,129 sq. ft. of private community open space, shown in the darker green. This area includes a tot lot. The Planning Commission should discuss whether the play area is appropriate on the edge of the neighborhood, rather than internal to the neighborhood. As this property will be platted, park dedication will apply, in addition to the private recreation requirement. Setbacks, external. The RPUD standards require a setback of 35 feet for local streets, and 50 feet from Collector or Arterial streets. The Comprehensive Plan identifies Kelley as a Minor Collector, Willow as a Major Collector, and Wayzata Blvd as a Minor Reliever. The plan proposes waivers from these setbacks, showing a 13.7 foot (minimum) setback off of Kelley and Willow, and a 30 FILE#LA20-52 September 21,2020 Page 4 of 5 foot setback off of Wayzata. Staff recommends that a 30 foot setback be provided on all exterior streets, to allow for enhanced landscaping as characterized by Stonebay. The proposed setback to the west(pond) is shown as 12.9,where 35 feet is required. It should be also noted that'in no case' shall the setback be less than the height of the building. Buildings are expected to be two story, no higher than 30 feet. Setbacks, internal. In a townhome development, property lines are generally established at the border of the building, with at least one building wall shared by the adjoining unit. In these developments, the primary focus is the distance between buildings, and the distances between the garage door and the street. The Orono Preserve development (a single family RPUD) provided a minimum of 15 feet between buildings, in a combination of 5, 7.5, and 10 foot setbacks. The townhomes in Stonebay have a variety of side yard setbacks, with the smallest at 14 feet. The plans show a minimum distance of 11.5 feet between the sides of buildings. Where building face each other, 30 feet is proposed. The distance between the house pad and the edge of the private street is 20 feet, which will allow parking without encroaching into the street. This configuration is similar to the Stonebay townhomes, though those driveways can be as short as 18 feet. Provided for reference in Exhibit F is a snapshot of a portion Stonebay with townhomes, illustrating the setbacks. Parking. The proposal includes 9 spots in 4 areas for visitor parking. This is in addition to the garage parking and the driveway parking for each unit. There is no code requirement for visitor parking. Given the width of the private road, there will be no parking on the road. Building design. Building design details are still being developed, but the developer has provided general schematics for discussion, attached as Exhibit C. Staff has advised the applicant that the buildings should convey the same 'character' as those in Stonebay: colors, materials, roof pitch, etc. Landscaping. A landscaping plan has not been completed, which is standard for a project at this stage. The RPUD standards go into detail regarding the minimum requirements. No deviation is expected. The plans do include a wrought iron look fence along the East/ west/ and south property lines. Staff envisions a development incorporate berming and landscaping to establish an edge to the street/ public areas and the private neighborhood. Utilities. All utility plans, including stormwater management,water, and sanitary sewer will need to be approved by the City Engineer and/or watershed district. Public Comments To date, no public comments have been received. Issues for Consideration 1. The Commission should comment on the following: a. Proposed reduction in density b. External setbacks c. Internal setbacks FILE#LA20-52 September21, 2020 Page 5 of 5 d. Building design 2. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff requests feedback on the proposal. List of Exhibits Exhibit A. Application Exhibit B. Proposed layout Exhibit C. Architectural concepts Exhibit D. Narrative Exhibit E. Staff comment letter Exhibit F. Stonebay Comparison Exhibit G. Section 78-621 regulations Land Use Application Summary Application Date: 08/13/2020 Address: 38 Address Unassigned Orono, MN 00000 Parcel Number: 3311823110060 Land Use Number: LA20-000052 Application Submitted Agent on behalf of property owner By: Owner: Name: UNIVERSITY OF ST THOMAS Address: 2115 SUMMIT AVE MAIL CODE AQU219 ST PAUL, MN 55105 Applicant: Name: Mark Rausch Company: Alliant Engineering, Inc. Address: 733 Marquette Ave. Suite 700 Minneapolis, MN 55402 mrausch@alliant-inc.com Contact Information: Associated Contact: Aziz Siddiqui ASiddiqui@dwhomes.corn Associated Contact: Mark Rausch mrausch@alliant-inc.corn Associated Contact: Associated Contact: Project Description: Residential Subdivision Concept Plan Submittal Land Use Application Amendmend Application O Type: Appeal of Admin Decision O Concept Application D Conditional Use Permit O Site Plan Application O Subdivision Application O Subdivision Exception O Vacation Application O Variance Application 0 r rj n } ) / Applicant Signature: r' C.,� -4 I i I .. „„.- ,,,.."-.7,,,,,t..st''''.....7,t,ti."..:7711; -:''.••-:?-77.,':,--- -' N.i.',7i...7''.,"77'1,0....„....'t-... ,' .1 -, ';':-,-.2..-A 10., ,,.,J1..4.;.:7':•'',e;' . —7''''' 'I "71 'I 1 .1•-•'1 ji ' ' ' ' ..1 -.Z.--',-- _ .,... . ., . : ' .,., -, r-- - --'J.I...i.":-:=.:-.'i __. ,',"..... ,. . . „i-„,.(:,, ,...,,..„4..„ ,..„, .,, , . .....4"..,:„....5.- ,,„„;',...., - . , .' 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Yr b .x",w�„k: ,' , i' w"�*? , a �z ` , r C ,^,. l t1z"sik` i�4*�- - ":i a a, : rO ��� � ardz«„"kscua r., .'-,1'x - y, . z. -�' f i k e r2ns, ',IA'" r „. q , w- r _, a±y .. fa -;.gid CONCEPT/SKETCH PLAN REVIEW SUBMITTAL NARRATIVE ORONO CROSSINGS Orono,Minnesota August 13,2020 DEVELOPMENT TEAM Applicant/Developer/Builder: David Weekley Homes, Aziz Siddiqui Civil Engineer: Alliant Engineering, Inc., Mark Rausch Surveyor: Alliant Engineering, Inc., Peter Goers Landscape Architect: Alliant Engineering, Inc., Mark Kronbeck SITE INFORMATION Legal Description(per County records): OUTLOT A, STONEBAY, HENNEPIN COUNTY, MINNESOTA. Abstract. Address: Unassigned per Hennepin County PID: 3311823110060 Total Acres: Per County Records= 160,848 sf/3.69 ac PLANNED UNIT DEVELOPMENT REQUEST The proposed conceptual development request consists of a multi-family residential subdivision, consisting of 43 town homes. COMPREHENSIVE PLAN DESIGNATION The development property has an existing land use identified as "Undeveloped" within the City's 2040 Land Use Plan. The City's future land use designation for the parcel is Urban High Density Residential which has a residential dwelling unit density range of 20-25 units per acre. The proposed multi-family townhome development plan with 43 units, results in a proposed density of 11.7 units/acre. The density as proposed falls within the targeted range of the City's Urban Medium High Density Residential/Mixed Use guiding which has a density range of 10-20 units per acre. ZONING DESIGNATION The development site is currently zoned (RR-1B PUD) One-Family Residential - Planned Unit Development District. The proposed project seems to a be a candidate for being rezoned under the City of Orono's (RPUD) Residential Planned Unit Development District zoning. The RPUD zoning would Concept/ Sketch Plan Review August 13, 2020 ORONO CROSSSINGS Page 1 of 5 allow for the proposed development of the site and be compatible and consistent with the City's goals and objectives for the property. EXISTING SITE DESCRIPTION The development property is located in the northeast quadrant of the Willow Drive and Wayzata Boulevard intersection. The property is currently undeveloped with generally no trees and covered by open grass area. The property is 3.69 acres in size and bound by an existing regional stormwater pond to the west, Kelley Parkway to the north, Wayzata Boulevard to the south and Willow Drive along the east. The site is adjacent to available public infrastructure including: sanitary sewer, water main, storm sewer, stormwater management and roadways for servicing the proposed development. PROPOSED DEVELOPMENT PLAN It is the applicant's intent to provide a unique residential development that will be enhanced by proximity to the local schools, trails and the lakes in the area. The development has been designed with significant pedestrian connectivity both internally and to the external trails and walks. The internal walks will be private sidewalks, but the development plan also proposes a new public sidewalk along Willow Drive. All proposed units have direct pedestrian connection to the private walkway system which is then ultimately connected to a public walk or trail. The development plan includes 43 new multi-family residential units on individually platted lots with a private roadway network. The lots will be part of a Homeowner's Association (HOA)which will provide care and maintenance of the private site amenities and private infrastructure. The HOA will be responsible for all snow removal within the development. The following is a summary of primary project elements or site features currently proposed: • 43 town homes with varied architecture. • Creation of open space including an outdoor recreational area for use by the development residents. • Provision of an extensive walkway network within the subdivision providing connectivity of each unit to internal walks as well as the new public walk and trail adjacent to the site. • Creation of a new public sidewalk connection along Willow Drive from Kelley Parkway southerly to Wayzata Boulevard and to the existing trail. • Enhanced development landscaping with perimeter decorative fencing, masonary columns and monument signage. • Provision of supplemental guest parking to ensure adequate parking for guests of the development residents. Market We believe that our offering a nice for sale townhome product that is affordably priced will enable us to attract first time buyers and families with young children. We also believe we'll attract divorced parents with full or part time children. Architecture Concept/ Sketch Plan Review August 13, 2020 ORONO CROSSSINGS Page 2 of 5 The townhome architecture will follow a theme of Farmhouse, Contemporary Farmhouse elevation styles. The product will feature 9-feet main floor ceilings and 8-feet 2nd floor ceilings. Consumer choice will allow a mix of master bedrooms in the front of the home or in the rear of the home depending upon the home site choice. Stone or masonry accents on the front of the homes will be complimentary to the specific elevation theme. On these elevations, we are proposing using the following exterior cladding materials in order to maintain affordability for our targeted consumers: - Vinyl Siding—Front, Sides, and Rear - Hardi or LP Smartside Window/Door Trim—Front and Rear - Vinyl Window/Door Trim—Sides - Aluminum Soffit and Fascia - Stone/Brick Accents—Per Elevations - Asphalt Shingles These materials are an affordable maintenance-free solution and provide our consumers with the maximum value for their investment. In order to address potential elevation monotony issues, we ensure that the same elevations are not able to be selected on either side of one another or directly across the street from one another. We'll employ a color consultant to create a series of color palettes with pre- selected color schemes to enhance the elevations,to address color monotony issues, as well as to create an integrated, diverse, and attractive streetscape. Development Plan Area Gross Acreage 3.69 acres Net Developable Acreage 3.69 acres Net Density(43 lots) 11.7 units per acre Typical Unit/Home Dimensions Width 22' min. Depth 53' min. Setbacks as Proposed in Concept Primary Building to Wayzata Blvd 30' min. Building Stoop/Awning/Home Entry to Wayzata Blvd 28' min. Primary Building to Willow Drive 15' min. Building Stoop/Awning/Home Entry to Willow Drive 13' min. Primary Building to Kelley Parkway 15' min. Building Stoop/Awning/Home Entry to Kelley Parkway 13' min. Primary Building to West Property Boundary 15' min. Building Stoop/Awning/Home Entry to West Property Boundary 13' min Primary Building to Internal Lot Line or Outlot 0' min. Primary Building Stoop/Awning/Home Entry to Private Road 10' min. Primary Building Stoop/Awning/Home Entry to Private Parking 3.5' min Other Plan Details Proposed in Concept Minimum Primary Building Separation 11' min Minimum Stoop/Awning/Home Entry Separation Between Units 8' min. Minimum Driveway Length 20' min. Concept/ Sketch Plan Review August 13, 2020 ORONO CROSSSINGS Page 3 of 5 Private Roadway Width 24' wide back of curb-back of curb Private Parking Stalls 9' x 20' Site Access, Pedestrian Circulation and Parking Vehicular access from public right of way to the proposed development will occur via two proposed road accesses to Kelley Parkway. The development will be providing a 4' walkway connection to every unit's front door. The 4' walks will then connect to either; a 4' private walkway network within the development or to a proposed 5' public walk along Willow Drive or to an existing public walk on Kelley Parkway. The development will have ample parking to support the future residents and their guests. The plan as proposed provides the following parking: Parking Summary Off-street Guest 9 Public on-street No parking allowed Kelley Pkwy, Willow Dr or Wayzata Blvd Frontage Private Driveway(2/home) 86 Private Garage(2/home) 86 Total Available Parking 181 Stalls(4.2 stalls/unit) Grading The existing site area will be re-graded to shape in the proposed roadways, lot configurations, common area and all required stormwater management storage. The site will be graded to match elevations at the site perimeter and to capture site drainage as able. The elevation changes necessary to provide drainage within the site and to maintain maximum walkway and driveway slopes, does mean there will be situations where some private walkways will require private steps to make connections. The steps will be provided by means of 7"maximum height risers with railings when more than 1 step is needed. Sanitary Sewer and Watermain The proposed development would connect to public sanitary sewer and watermain within Kelley Parkway and extend public utilities within the development under the private roadway. The public utilities would be contained within a 50' wide outlot that will be covered by public drainage and utility easement. Stormwater Management The development site falls within the Minnehaha Creek Watershed Management Organization (MCWD) boundary; therefore,the project will be subject to stormwater management regulations of the MCWD and the City of Orono. The site abuts an existing regional stormwater management basin. It is our understanding that the basin has been designed to accommodate some stormwater management for the development site. Any additional stormwater management required under current regulation will be provided onsite and could Concept/ Sketch Plan Review August 13, 2020 ORONO CROSSSINGS Page 4 of 5 include best management practices such as: rain gardens, filtration basins, underground storage or other approved system. Wetlands None assumed to be on the development site. Tree Preservation/Replacement Site does not contain any significant trees to remove. Landscaping and Amenities The project proposes a significant landscape plan including decorative fencing along 3/4 of the development perimeter. Trees are proposed to buffer key locations within the site and generally throughout the site. Development monument signage is proposed at the northeast development corner at the intersection of Willow Drive and Kelly Parkway. The proposed development will have a central common space area, in which,the applicant is proposing a private play area with benches that will be available to development residents. TIMING/PHASING The Applicant will likely develop the project in one phase. If the City reviews and approves the requested concept / sketch plan request, it is the Applicant's desire to proceed with an application for Preliminary PUD and start the formal City review process with hope of obtaining approval in time to begin construction of the project in Spring/Summer 2021. CONCLUSION The applicant respectfully concludes that the conceptual development offers a residential land use that is consistent with City's goals and objectives for this area. The multi-family attached townhome subdivision will provide a unique housing option for the City of Orono. Concept/ Sketch Plan Review August 13, 2020 ORONO CROSSSINGS Page 5 of 5 0 `, CITY OF ORONO `� a !) Street Address: Mailing Address: Telephone(952)249-4600 �� ' 2750 Kelley Parkway P.O.Box 66 Fax (952)249-4616 <� :1/4::// Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us k£SHO August 26, 2020 Alliant Engineering Attn: Mark Rausch VIA EMAIL 733 Marquette Ave. Suite 700 mrausch@alliant-inc.com Minneapolis, MN 55402 Re: Orono Crossings sketch File#LA20-000052 Mr. Rausch, The City has received and completed its' preliminary review of your proposed Orono Crossing subdivision, consisting of 43 single family units in 12 townhome buildings. Your application is scheduled to be reviewed by the Planning Commission on Monday,September 21. The meeting starts at 6:00 pm. An agenda and staff report will be emailed to you on or about Friday, September 18tH At this time, I have the following comments to offer. These comments may echo some of the comments raised in May during a review of a preliminary draft. Additional approvals. 1. I anticipate this project being developed as a Residential Planned Unit Development (RPUD). The RPUD standards include specific guidance on landscaping/screening, building materials/finishes. This project will require a zone change. 2. As a RPUD, the Council reviews the project in two formal steps: concept plan review, and Master Development plan. The concept plan should include the following additional information: Height of all buildings and square footage of buildings anticipated. 3. 43 units in 3.69 acres = 11.65 units per acre. The project as proposed will require a Comprehensive Plan Amendment because the proposed density is lower that as guided by the Comprehensive Plan. General comments. 4. RPUD zoning requires 10%of the gross land area to be used for private recreational. I see that a tot lot is proposed. Are other amenities anticipated? 5. The RPUD requires certain setbacks for multifamily attached structures: a. Collector street, 50 feet, b. All other property lines, 30 feet. I think the intent of this is setbacks from external streets, not the internal setbacks. 6. The RPUD requirements include specific landscaping standards. I have attached these for you. 7. It is suggested that the building design/ material continue the architectural standard established by Stonebay. 8. I note that the narrative suggests a decorative fence and masonry columns, a detail may be helpful. Staff continues to suggest that screening be incorporated along Willow and Wayzata, and the screening include berming. 9. Watershed District approval will be required for all stormwater management, and erosion control plans. 10. Staffs analysis of the project based on the applicable section of the RPUD standards is summarized in the table below. The Planning Commission and Council find this summary table helpful in their analysis. Section Standard Flexibility Requested? 1 (1) Minimum area: 5 acres No. Part of the Stonebay or tied to adjacent RPUD RPUD 2 Uses. Allowed: Multifamily residential 3 Sewer availability No. Sewer is available and the density is greater than 1 unit or 2 acres 4 Density. Each development in No, assuming approval of the RPUD district shall have a amendment. density within the range specified in the comprehensive plan for the specific site. 5 Incentives. The city may None requested utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. 6 Floor Ratio Ration, up to 1.0 To be determined 7a Setbacks Yes. External street setbacks not met. 7b Height, stories, roof style No. To be verified 7c Outside storage No. None proposed. 11 10% Private Recreational Area No, tot lot shown, size to (Active and/or Passive) be verified 12 Common Ownership No. 13 Signage Signage plans not yet developed 14 Landscaping Landscaping Plans not yet developed 15 Architectural Standards Final plans not developed, but are anticipated to be based on Stonebay palette. 16 Flexibility from standards 17 Traffic Studies Not suggested 18 Building Permits Expected 19 General regulations Expected applicability 20 Lighting No. Lighting plan not yet developed 21 Trails As noted above,this project is scheduled for review by the Planning Commission on September 21St. If you would like to make changes to or supplement your plans, those changes must be received by Monday, September 14th Please feel free to contact me at 952.249.4626 or by email at jbarnhart@ci.orono.mn.us if you have any questions on the above requirements. Sincerely, CITY OF ORONO C2447 Jeremy Barnhart, AICP Community Development Director Enc. Section 78-621 RPUD regulations. T.. - f 10 I •1 •_- - 'ed• ' --1 Il�' n ld x lh ' , r ' ,.... ..'.,.- -..,,,',....,"_--:7,- .. ., .....,,,.,..., , _.....,, 0. e i 4 rp wry � 'v, �" • ...i4 � / :f.' 1 t'd� 111111111 t { I 9 "t j,1 -i [5 'moi';'"" . 01 „ r w t. f . jd --..•.-, 4v 'r• 3 Vii. ' • . \171 0...a /r Y O i: 11 rR ..v. .... 2.- ,r. K 'rF'J. . r*a"� 1. L t' ,4 a) t e h ,` t Ai , i, . „„,„4,_ �� •„ 4 .r.,.:_, ..... . ..... li. '. . _ .... . ....„ .„..4„., . ..„., .... ,.... , ..:,..... ..).. „.„ ..,•im, . ,..,.. ....,. _ . „,..1,..- ... ..., :,...... • . ......., . • . ,.., ..t ,,, ..-.. ., , .,,,,,. , „..-iw . ... -.....-, - , -.•-...4.1.11.. :, 1 - - V 5� J y., J. �a -0 w sr. frY r. M N ' _'. A— „. v ter, gip'` `! k \s • y' ka 4' l ; s` •i \ �' m i • ^ ' 4,' \ M • ` r r • '' . fi ( A , 5,s /J sy. DIVISION 11.-RPUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT Footnotes: --(7)--- Cross reference—Planned unit development,§78-1001 et seq. Sec.78-621.-Purpose. The purpose of the residential planned unit development(RPUD)district is to provide a district which will allow for the implementation of certain residential housing goals established in the 2000-2020 Orono Community Management Plan("CMP"or"comprehensive plan"). The RPUD district is established to accommodate the densities and types of residential development contemplated in the CMP by incorporating the principles of the planned unit development concept.The RPUD district will encourage the following: (1) Flexibility in land development and redevelopment in order to utilize new techniques of building design,construction and land development; (2) Provision of housing to meet lifecycle,and affordable and moderate cost housing needs; (3) Energy conservation through the use of more efficient building designs and sitings and the clustering of buildings and land uses; (4) Preservation of desirable site characteristics and open space and protection of sensitive environmental features, including steep slopes,poor soils and trees; (5) High quality of design and design compatible with surrounding land uses, including both existing and planned; (6) Sensitive development in transitional areas located between different land uses and along significant corridors within the city;and (7) Development which is consistent with the comprehensive plan. (Ord.No.202 2nd series,§ 1(1),2-26-2001) Sec.78-622.-Exceptions. This section shall not apply to any residential PUD or PRD which has received preliminary or final approval by the city council prior to the effective date of the ordinance from which this division is derived,unless such application is requested by the property owner and approved by the city council. (Ord. No.202 2nd series,§ 1(9),2-26-2001) Sec.78-623.-Permitted uses. Within the RPUD district,no structure or land shall be used except for one or more of the following uses: (1) One-family detached dwellings. (2) Publicly owned parks and playgrounds. (3) Municipal buildings. (4) Multifamily attached dwellings only when consistent within the areas of the city designated as urban area in the comprehensive plan. (Code 1984,§ 10.20(2); Ord. No.202 2nd series§ 1(2),2-26-2001) State Law reference—State mandated permitted uses,Minn.Stat.§462.357,subd.7. Sec.78-624.-Conditional uses. Within the RPUD district,no land or structure shall be used for the following uses except by conditional use permit: (1) Public service structures.Public service structures,including but not limited to electric transmission lines, buildings,such a exchange stations, booster or pressure regulating stations,wells,and plumbing stations,elevated tanks,lift stations and el substations,provided no building shall be located within 50 feet from any lot line of an abutting lot in an R district.Prior to permit it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is t thus will promote the general welfare. Public service structures that have been approved by the city at required public heal improvement projects shall not require a conditional use permit, but such structures shall be subject to all other appropria forth in this section;amendments to approved plans involving design and/or placement of these structures will require wri the city to all affected property owners 14 days prior to the adoption of the amended plans by the council. Personal wirele< commercial broadcasting antennas and towers shall not be considered public service structures. Uses allowed by conditior shall be reviewed for compliance with the PUD master development plan and with the applicable conditional use permit st, division. Uses allowed by conditional use permit shall also be subject to site and building plan review pursuant to this divisi (2) Assisted living facilities.Assisted living facilities as defined in this chapter,subject to the general conditions and multifamily-specific conditions applicable to uses in the RPUD district. (Ord. No.202 2nd series,§ 1(3),2-26-2001;Ord. No.75 3rd series,§ 1,7-12-2010) Sec.78-625.-Accessory uses. Within any RPUD district,the only permitted accessory uses and structures are the following: (1) Private garages and parking space. (2) Private swimming pools,tennis courts,and paddocks. (3) Home occupations,as defined in this chapter.All home occupations shall comply with the provisions of section 78-1376, and the licensing provisions of section 26-76,when applicable. (4) Signs,as regulated in this chapter. (5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. (6) Gardening and other horticultural uses,including aviaries and decorative landscape features. (7) Communication reception/transmission devices as follows: a. Accessory antennas,which shall be limited to radio and television receiving antennas,satellite dishes,TVROs,and amateur shortwave radio transmitting and receiving antennas.Accessory antennas that are accessory to the principal use of property are permitted accessory uses in all zoning districts,provided they meet the following conditions: 1. Height.A ground-mounted accessory antenna shall not exceed 20 feet in height from ground level. 2. Yards.Accessory antennas shall not be located within the required front yard setback,corner side yard setback or side yard setback abutting a street. 3. Roofs.If vegetation or obstructions interfere with satellite signals at a location in any allowable placement area,the accessory antenna may be placed on the roof of any authorized structure on the premises. 4. Location.Accessory antennas shall not be located within a required yard or setback area or within drainage or utility easements.Antenna towers shall be set back from adjacent property lines a horizontal distance no less than the maximum height of the antenna. 5. Building permits.A building permit shall be required for the installation of any accessory antenna requiring a conditional use permit. Building permit applications shall be accompanied by a site plan and structural component data for the accessory antenna,including details of anchoring.The building official must approve the plans before installation. 6. Lightning protection. Each accessory antenna shall be grounded to protect against natural lightning strikes in conformance with the National Electrical Code as adopted by the city. 7. Electrical code.Accessory antenna electrical equipment and connections shall be designed and installed in conformance with the National Electrical Code as adopted by the city. 8. Color/content.Accessory antennas shall be of a neutral color and shall not be used as signage. b. Amateur shortwave radio antennas and towers which do not meet the conditions for accessory antennas may be allowed with a conditional use permit in all zoning districts,provided they meet the following conditions: 1. Height.When an amateur shortwave radio antenna is mounted on an antenna tower,the total height of the antenna and tower shall not exceed 65 feet. 2. Yards.Amateur shortwave radio antennas and towers shall not be located within a front corner side or side yard. 3. Setbacks.Amateur shortwave radio antennas and towers shall not be located within any required setback area and shall be located no less than the height of the antenna and town from the property line. (8) Privately owned buildings to be used for recreational or social purposes,or for use as storage areas for maintenance equipment or rubbish. (9) Other uses that are customarily incidental to,and subordinate to,the allowed permitted and conditional uses in this district. (Code 1984,§ 10.20(4);Ord.No. 161 2nd series,§6,6-7-1997;Ord. No.202 2nd series,§ 1 (4),2-26-2001;Ord. No.221 2nd series,§3,9-23- 2002;Ord. No. 106 3rd series,§ 12,6-10-2013) Sec.78-626.-Development standards. Within the RPUD district all development shall be in compliance with the following: (1) Minimum area;shoreland district limitation. Each site proposed for rezoning to RPUD shall have a minimum area of five acres,excluding areas within a designated wetland,floodplain or shoreland district or right-of-way,unless the council finds the existence of one of the following: a. Unusual physical features of the property itself or of the surrounding neighborhood such that development as a RPUD will conserve a physical or topographic feature of importance to the neighborhood or community. b. The property is directly adjacent to or across a public street from property which has been developed previously as a RPUD or planned residential development and will be perceived as and will function as an extension of that previously approved development. c. The property is located in an area where the proposed development provides a transition between a commercial or industrial area and an existing residential area or on an intermediate or principal arterial as defined in the comprehensive plan. d. The property contains steep slopes or a substantial number of significant trees that could be preserved through the clustering of buildings or other design techniques not generally allowed by the existing zoning district. No property located within 250 feet of the ordinary high water level(OHWL)of a protected lake or tributary as defined in article IX of this chapter shall be rezoned to RPUD. However,for a property that is partially located less than 250 feet from the OHWL and partially located more than 250 feet from the OHWL,the portion located more than 250 feet from the OHWL may be rezoned to RPUD at the discretion of the city council when all other requirements are met. (2) Uses. Each property rezoned to RPUD shall only be used for the use or uses for which the site is designated in the comprehensive plan,except that the city may permit rezoning to RPUD on a site designated for commercial use if the city council finds that such use is in the best interests of the city and is consistent with the requirements of this division. If a commercial site is to be rezoned to RPUD,the city may forward a copy of the request to the metropolitan council for review. (3) Sewer availability.A site proposed to be rezoned to RPUD with proposed density greater than one unit per two acres must be in the metropolitan urban services area(MUSA)and must be serviced by municipal sewer. (4) Density.Each development in the RPUD district shall have a density within the range specified in the comprehensive plan for the specific site. If the site is not designated in the comprehensive plan for residential use,the appropriate density shall be determined by the city based upon the city council's finding that such density is consistent with the intent of this division and of the comprehensive plan. Developments with proposed densities in excess of the densities contemplated in the comprehensive plan shall be allowed only on properties which are currently zoned and guided for commercial use,in order to maintain the character and integrity of the areas zoned and guided for residential use. (5) Incentives.The city may utilize incentives to encourage the construction of projects which are consistent with the city's housing goals. Incentives may include modification of density(only for properties currently zoned and guided for commercial use)and floor area ratio requirements for developments providing lifecycle housing and affordable and moderate cost housing. Incentives for affordable and moderate cost housing may be approved by the city only after the developer and city have entered into an agreement to ensure that the low and moderate cost units remain available to persons of low and moderate income for at least 20 years. (6) Floor area ratio. Floor area ratios(FARs)shall be limited per the following table: Comprehensive Plan Designation Maximum Floor Area Ratio* Low or medium density residential (up to 50 and including 6.0 0.5 units per acre) High density residential (in excess of 6.0 units per acre) 1.0 *FAR=Total Building Floor Area/Total Lot Area Individual lots within a development in the RPUD district may exceed these standards as long as the average meets these standards. (7) Development standards for attached and multifamily dwelling structures.Each site rezoned to RPUD and developed for attached or multiple-family dwelling uses shall be subject to the following standards: a. Setbacks and separation of uses.Within the RPUD district the setback for all attached and multifamily dwelling buildings and their accessory buildings from any bordering or abutting street line shall be 35 feet for local streets and 50 feet from railroad lines or collector or arterial streets,as designated in the comprehensive plan,except that in no case shall the setback be less than the height of the building.The setback for all buildings from exterior RPUD site lot lines not abutting a public street shall be 35 feet,except that in no case shall the setback be less than the height of the building. Building setbacks from internal public streets shall be determined by the city based on characteristics of the specific RPUD site. Parking lots and driving lanes shall be set back at least 20 feet from all exterior lot lines of a RPUD site.The setback for parking structures, including decks and ramps,shall be 35 feet from local streets and 50 feet from all other street classifications,except that in no case shall the setback be less than the height of the structure.Parking structure setbacks from external lot lines shall be 50 feet or the height of the structure,whichever is greater,when adjacent to residential properties;35 feet,when adjacent to nonresidential properties. Parking structure setbacks from internal public or private streets shall be determined by the city based on characteristics of the specific RPUD site.Where industrial uses abut developed or platted single- family lots outside the RPUD site,greater exterior building and parking setbacks may be required in order to provide effective screening.The city council shall make a determination regarding the adequacy of screening proposed by the applicant.Screening may include the use of natural topography or earth berming,existing and proposed plantings and other features,such as roadways and wetlands,which provide separation of uses. Property rezoned to RPUD shall be considered a residential district for purposes of determining building and parking setback requirements on adjacent high density residential,commercial and industrial property outside the RPUD. b. Height limitations.For properties guided for residential use in the comprehensive plan,a building height limit of 30 feet shall apply. For properties currently zoned or guided in the comprehensive plan for commercial use, height may exceed 30 feet but shall not exceed three stories(not including underground parking level)and shall maintain a residential character by incorporating pitched or hipped roof structure. No mansard or flat roofed multiple-family building will be allowed. c. Outside storage limitations. Building materials,recreational vehicles, boats,RV's,snowmobiles,and other items of personal property shall not be stored outside within any site used for attached or multifamily uses. (8) Development standards for single-family detached dwellings in the RPUD district.Each RPUD site developed for single- family detached dwellings at medium density(i.e.,densities ranging from one unit per acre to six units per acre)shall be subject to the following standards: a. Permitted locations: in areas of the city where smaller single-family detached dwelling lots will allow for clustering to preserve significant natural features,or in areas where a mixture of higher density attached dwellings and lower density detached single-family dwellings will result in a development that does not exceed the overall guided density. b. Minimum SFR lot size: 15,000 square feet. c. Minimum lot width at the setback line:90 feet. d. Minimum lot depth: 125 feet. e. Minimum front yard setback:25 feet on internal streets within the RPUD site.On exterior or through streets a setback of 35 feet must be provided on local streets and a 50-foot setback on collector or arterial streets,as defined in the comprehensive plan. f. Minimum side yard setback:ten feet along interior lot lines; 15 feet on lot lines along the exterior of the RPUD site. Side yards abutting streets must meet the minimum front yard setbacks as noted in subsection(8)e of this section. Structures in side yards abutting another residential zoning district shall meet the side yard setback requirement of the adjacent zoning district. g. Rear yard setback:minimum of 40 feet or 20 percent of the depth of the lot,whichever is less. h. Building height: maximum of 30 feet. i. All dwelling units,including manufactured homes,shall have a depth of at least 20 feet for at least 50 percent of their width.All dwelling units,including manufactured homes,shall have a width of at least 20 feet for at least 50 percent of their depth. j. All dwellings shall have a permanent foundation in conformance with the state building code. k. Accessory structures shall conform to the setbacks established for principal structures,except as follows: 1. All accessory structures located more than ten feet from a principal structure may be located a minimum of ten feet from a rear or side lot line when that line does not abut a street right-of-way. 2. No accessory structure shall be located closer to the front lot line than the principal structure,regardless of the principal structure setback. I. No accessory structure shall occupy more than 30 percent of the side or rear yard in which it is located,nor exceed 1,000 square feet in area, nor exceed 12 feet in height. m. Off-street parking shall be provided for at least two vehicles for each single-family dwelling.A suitable location for a garage measuring at least 20 feet by 24 feet without a variance shall be provided and indicated as such on a site plan or certified site plan to be submitted when applying for a building permit to construct a new dwelling or alter an existing garage. (9) More than one building allowed.More than one building may be placed on one platted or recorded lot in a RPUD site. (10) Single housing type permitted.Any RPUD development which involves a single housing type shall be permitted,provided that it is otherwise consistent with the objectives of this division and the comprehensive plan. (11) Private recreational area. Each RPUD development shall provide a minimum of ten percent of the gross project area in private recreational uses for project residents.Such area shall be for active or passive recreational uses suited to the needs of the residents of the project,including swimming pools,trails,nature areas, picnic areas,tot lots and saunas. Private recreational area requirements are in addition to the standard park dedication requirements. (12) Ownership.All property to be included within a RPUD development shall be under unified ownership or control,or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved master development plan and final site and building plan. (13) Signage.Signs shall be restricted to those which are permitted in a sign plan approved by the city and shall be regulated by permanent covenants. (14) Landscaping,screening and buffering. a. Landscape plan requirements.Landscape plans shall be prepared by a landscape architect or other qualified person acceptable to the city,drawn to the scale of not less than one inch equals 50 feet and shall show the following: 1. Boundary lines of the property with accurate dimensions; 2. Locations of existing and proposed buildings,parking lots,roads,trails and other improvements; 3. Proposed grading plan with two-foot contour intervals; 4. Location,approximate size and common name of existing trees and shrubs; 5. A planting schedule containing symbols,quantities,common and botanical names,size of plant materials, root condition and special planting instructions; 6. Planting details illustrating proposed locations of all new plant material; 7. Locations and details of other landscape features,including berms,fences and planter boxes; 8. Details of restoration of disturbed areas,including areas to be sodded and seeded; 9. Location and details of irrigation systems;and 10. Details and cross sections of all required screening. b. Minimum landscaping requirements. 1. All open areas of a lot which are not used or improved for required parking areas,drives,trails or storage shall be landscaped with a combination of deciduous and coniferous species, including overstory trees, understory trees,shrubs,flowers and groundcover materials.The plan for landscaping shall include ground cover,bushes,shrubbery,trees,sculpture,foundations,decorative walks or other similar site design features or materials in a quantity having a minimum value in conformance with the following table: Minimum Tree and Shrub Requirements Vegetation Type Size Quantity Overstory deciduous 2.5-inch bb (Caliper) One tree per 1,000 gross square feet of building trees footprint area or one tree per 40 lineal feet of site perimeter, whichever is greater. Coniferous trees 6-foot height bb Minimum of 30 percent of required overstory trees must be coniferous Understory shrubs 3-gal. potted or 18- One shrub per 300 gross square feet of building inch footprint area or one shrub per 30 lineal feet of site perimeter, whichever is greater. Ornamental deciduous 1 .5-inch bb (Caliper) Not required; but two ornamental deciduous trees trees may be substituted for one required overstory deciduous tree (maximum substitution equals 25 percent of required overstory deciduous trees) Credits for existing trees: The city council shall have sole discretion whether credit shall be granted for existing healthy trees J In instances where healthy plant materials of acceptable species exist on a site prior to its development,the application of the standards in subsection(14)b of this section may be adjusted by the city to allow credit for such material,provided that such adjustment is consistent with the intent of this division. 2. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 3. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. Deciduous trees shall have a minimum caliper of 21/2 inches.Coniferous trees shall be a minimum of six feet in height.Ornamental trees shall have a minimum caliper of 1' inches. 4. All site areas not covered by buildings,sidewalks,parking lots,driveways,trails, patios,or similar hardcover shall be covered with sod or an equivalent ground cover approved by the city.This requirement shall not apply to site areas retained in a natural state. 5. In order to provide for adequate maintenance of landscaped areas,an underground sprinkler system shall be provided as part of each new development,except one-and two-family dwellings and additions to existing structures which do not at least equal the floor area of the existing structure.A sprinkler system shall be provided for all landscaped areas,except areas to be preserved in a natural state. 6. Not more than 50 percent of the required number of trees shall be composed of one species.The city shall maintain a list of prohibited species,which shall not be used for landscaping. c. Interior parking lot landscaping. 1. All parking lots containing over 100 stalls shall be designed to incorporate unpaved,landscaped islands in number and dimension as required by the city.All landscape islands shall contain a minimum of 180 square feet. Islands which are necessary to promote the safe and efficient flow of traffic shall not be subject to the 100-stall standard and shall be required by the city when warranted. 2. Parking lot landscape areas,including landscape islands,shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. Parking lot landscape areas shall be provided with deciduous shade trees,ornamental or evergreen trees,plus ground cover,mulch and/or shrubbery as determined appropriate by the planning commission. Parking lot landscape trees shall be provided at the rate of one tree for each 15 surface parking spaces provided,or major fraction thereof. Parking lot landscaping shall be contained in planting beds bordered by a raised concrete curb or equivalent approved by the planning commission. d. Maintenance of landscaping.The owner,tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy,neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan,and which have died,shall be replaced within three months of notification by the city.However, the time for compliance may be extended up to nine months by the city in order to allow for seasonal or weather conditions. e. Retaining walls.Retaining walls exceeding four feet in height,and staged walls which cumulatively exceed 16 feet in height or involve more than four tiers,must be constructed in accordance with plans prepared by a registered engineer or landscape architect. f. Landscaping performance security required.When screening,landscaping or other similar improvements to property are required by this division,a letter of credit shall be supplied by the owner in an amount equal to at least 11/2 times the value of such screening,landscaping or other improvements.The letter of credit shall be conditioned upon reimbursement of all expenses incurred by the city for engineering,legal,contracting or other fees in connection with making or completing such improvements.The letter of credit shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to two full growing seasons after the date of installation of the landscaping.The city may accept some other form of security in lieu of a letter of credit in an amount and under such conditions that the city may determine to be appropriate. If construction of the project is not completed within the time prescribed by building permits and other approvals,the city may,at its option,complete the work required at the expense of the owner and the surety.The city may allow an extended period of time for completion of all landscaping,if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions,which may not exceed nine months,may be granted due to seasonal or weather conditions.When an extension is granted,the city shall require such additional security as it deems appropriate. g. Screening and buffering. 1. The following uses shall be screened or buffered in accordance with the requirements of this section: i. Principal buildings and structures and any building or structure accessory thereto used for residential uses at a density of greater than four units per acre shall be buffered from residential lots located in any R district. ii. Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet. Parking facilities shall be buffered with landscape zones. iii. Loading docks shall be screened from all lot lines and public roads. iv. Trash storage facilities shall be screened from all lot lines and public roads. v. Access roads serving multifamily buildings shall be screened as necessary to eliminate the impact of vehicle headlights shining toward adjacent residential neighborhoods. 2. Required screening or buffering may be achieved with fences,walls,earth berms,hedges,or other landscape materials.All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1.The screen shall be designed to employ materials which provide an effective visual barrier during all seasons. 3. All required screening or buffering shall be located on the lot occupied by the use, building,facility or structure to be screened. No screening or buffering shall be located on any public right-of-way or within eight feet of the traveled portion of any street or highway. 4. Screening or buffering required by subsection(14)of this section shall be of a height needed to accomplish the goals of subsection(14)of this section.Screening methods incorporating roofs over storage,trash or mechanical facilities to screen from higher adjacent properties or buildings may be required. Height of plantings required under subsection(14)of this section shall be measured at the time of installation. (15) Architectural standards. a. It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However,it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods.Architectural plans shall be prepared by an architect or other qualified persons acceptable to the city and shall show the following for all structures other than single-family detached dwellings: 1. Elevations of all sides of the building. 2. Type and color of exterior building materials. 3. A typical floor plan. 4. Dimensions of all structures. 5. The location of trash and recycling containers and of heating,ventilation and air conditioning equipment. b. Unadorned prestressed concrete panels,concrete block and unfinished metal shall not be permitted as exterior materials for residential principal and accessory buildings.This restriction shall apply to all principal structures and to all accessory buildings.The city may,at its discretion,allow architecturally enhanced block or concrete panels. c. Accessory buildings shall be architecturally compatible with principal structures. d. All rooftop or ground-mounted mechanical equipment and exterior trash and recycling storage areas shall be fully enclosed or screened so as to be not visible with materials compatible with the principal structure. e. Underground utilities shall be provided for all new and substantially renovated structures(the term"substantially renovated"shall mean when the renovations exceed 30 percent of the prerenovation value of the structure). (16) Flexibility.The uniqueness of each RPUD requires that specifications and standards for streets,utilities,public facilities and subdivisions may be subject to modification from the city ordinances ordinarily governing them.The city council may therefore approve streets,utilities,public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements,if it finds that strict adherence to such standards or requirements is not required to meet the intent of this section or to protect the health,safety or welfare of the residents of the RPUD,the surrounding area or the city as a whole. (17) Traffic studies.The city may require a traffic analysis to be prepared by a registered traffic engineer approved by the city to assess potential traffic impacts on local streets. If impacts on service levels of roadways and intersections are anticipated,the project will be approved only contingent upon a traffic management plan that adequately mitigates those impacts.The plan may include travel demand management strategies,use of transit facilities or other appropriate measures to reduce traffic generation,and necessary improvements to road systems.The developer shall have the responsibility to install all necessary road system improvements. (18) Building permits.No building or other permit shall be issued for any work on property included within a proposed or approved RPUD development, nor shall any work occur unless such work is in compliance with the proposed or approved RPUD development. (19) General regulations applicability.The requirements contained in this division pertaining to general regulations for residential districts and performance standards shall apply to a RPUD development as deemed appropriate by the city. (20) Lighting standards.All RPUD developments shall be subject to the general performance standards for lighting in this chapter. (21) Trails.When any portion of the project is within 1,000 feet of a public trail system, pedestrian access shall be provided to the trail system by means of a public trail constructed at the developer's expense.Where public rights-of-way are available,at the city's discretion the trail may utilize the public right-of-way.Trails shall be of bituminous construction,or such other material as may be approved by the city and shall be not less than eight feet in width. (Ord. No.202 2nd series,§ 1(5),2-26-2001;Ord. No.94 3rd series,§2,9-24-2012;Ord.No. 189 3rd series,§6,4-10-2017) Sec.78-627.-Review of application; procedures. (a) Concept plan review.In order to receive guidance in the design of a RPUD prior to submission of a formal application,an applicant may submit a concept plan for review and comment by the planning commission and city council.Submission of a concept plan is optional but is highly recommended for large RPUDs. In order for the review to be of most help to the applicant,the concept plan should contain such specific information as is suggested by the city.Generally,this information should include the following: (1) Approximate building,road and trail locations; (2) Height,bulk and square footage of buildings; (3) Type and square footage of specific land uses; (4) Number of dwelling units; (5) Generalized grading plan showing areas to be cut,filled and preserved;and (6) Staging and timing of the development. The comments of the planning commission and city council shall address the consistency of the concept plan with this section. The comments of the planning commission and city council shall be for guidance only and,if positive,shall not be considered binding upon the planning commission or city council regarding approval of the formal RPUD application when submitted. (b) Master development plan and rezoning.Approval of a rezoning to RPUD and approval of a master development plan shall be subject to the procedures outlined in this chapter for a zoning map amendment.The master development plan shall contain the following: (1) Building location,height, bulk and square footage; (2) Type and square footage of specific land uses; (3) Number of dwelling units; (4) Detailed street and utility locations and sizes; (5) Parking layout; (6) Drainage plan,including location and size of pipes and water storage areas; (7) Grading plan and drainage plan,including two-foot contours; (8) Generalized landscape plan; (9) Generalized plan for uniform signs and lighting; (10) Plan for timing and phasing of the development; (11) Covenants or other restrictions proposed for the regulation of the development; (12) Renderings or elevations of all sides of buildings to be constructed in the first phase of the development; (13) Trail plan;and (14) Lighting plan. Approval of the master development plan shall indicate approval of the listed items in subsections(b)(1)—(b)(14)of this section and shall occur in conjunction with rezoning of the property to RPUD.After rezoning the property to RPUD,nothing shall be constructed on the RPUD site except in conformance with the approved plans and this section.The procedure for notification of and public hearing on the master development plan shall be the same as required for a zoning map amendment by this chapter. (c) Development agreement/financial guarantee.Following the approval of the master development plan but prior to final plan approval,the applicant shall enter into an agreement with the city relating to the terms of the RPUD development,and shall also provide such financial guarantees as the city requires or deems necessary.Such agreement may take the form of: (1) A development contract; (2) A site improvement performance agreement;and/or (3) Another form of binding instrument as may be required by the city. (d) Final site and building plan.Approval of a final site and building plan for the entire RPUD or for specific parts of the RPUD shall be subject to the procedures outlined in this division.The final site and building plan shall contain information as required by the city,including the following: (1) Detailed utility,street,grading and drainage plans; (2) Detailed building elevations and floor plans; (3) Detailed landscaping,sign and lighting plans;and (4) Detailed trail plan. (e) Substantial compliance.The final site and building plan shall be in substantial compliance with the approved master development plan.Substantial compliance shall mean: (1) Buildings,parking areas,roads and trails are in substantially the same location as previously approved; (2) The number of residential living units has not increased or decreased from that approved in the master development plan; (3) The gross floor area of any individual building has not been increased from that approved in the master development plan; (4) There has been no increase in the number of stories in any building; (5) Open space has not been decreased or altered to change its original design or intended use;and (6) All special conditions required on the master development plan by the city have been incorporated into the final site and building plan. Approval of a final site and building plan shall signify approval of all plans necessary prior to application for a building permit, subject to conformance with any conditions on the approval and subject to other necessary approvals by the city. (f) Simultaneous review.Applicants may combine the final site and building plan review with the master development plan review by submitting all information required for both stages simultaneously. (g) Basis for approval;conditions.In evaluating a site and building plan,the planning commission and city council shall base their recommendations and actions regarding approval of a RPUD on a consideration of the following: (1) Compatibility of the proposed plan with this section and consistency with the goals,policies,and objectives of the comprehensive plan and surface water management plan; (2) Preservation of the site in its natural state to the greatest extent practicable by minimizing tree and soil removal and designing grade changes to be in keeping with the general character and appearance of neighboring properties; (3) Creation of compatible relationships between buildings and open spaces both on the site and adjacent to it, incorporating natural site features and with existing and future buildings having a visual relationship to the development,giving special attention to: a. An internal sense of order for the buildings and uses on the site and provision of a desirable environment for occupants,visitors and the general community. b. The amount and location of open space and landscaping. c. Materials,textures,colors and details of construction as an expression of the design concept and the compatibility of the same with the adjacent and neighboring structures and uses;and vehicular and pedestrian circulation, including walkways,interior drives and parking in terms of location and number access points to the public streets, width of interior drives and access points,general interior circulation,separation of pedestrian and vehicular traffic and arrangement and amount of parking. (4) Promotion of energy conservation through design,location,orientation and elevation of structures,the use and location of glass in structures and the use of landscape materials and site grading; (5) Protection of adjacent and neighboring properties through reasonable provisions for surface water drainage,sound and sight buffers,preservation of views, light and air and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses;and (6) Such other factors as the planning commission or city council deem relevant. The planning commission and city council may attach such conditions to their actions as they shall determine necessary or convenient to better accomplish the purposes of this section. (Ord. No.202 2nd series,§ 1(6),2-26-2001) Sec.78-628.-Term of approval. (a) If application has not been made for a final site and building plan approval pursuant to the approved master development plan for all or a part of the property within a RPUD by December 31 of the year following the date on which the RPUD zoning map amendment became effective or,if within that period no extension of time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property.In the absence of a rezoning,the approved master development plan shall remain the legal control governing development of the property included within the RPUD. (b) If construction on the property included within an approved final site and building plan has not started by December 31 of the year following the date on which such final site and building plan was approved or,if building construction in a phase of a RPUD approved to be built in phases has not started within this period,or,if within that period no extension of the time has been granted,the city council may rezone the property to the original zoning classification at the time of the RPUD application or to a zoning classification consistent with the comprehensive plan designation for the property. In the absence of rezoning, the approved master development plan and final site and building plan shall remain the legal control governing development of the property included within the RPUD. (Ord. No.202 2nd series,§ 1(7),2-26-2001) Sec.78-629.-Amendments. Major amendments to an approved master development plan may be approved by the city council after review by the planning commission.The notification and public hearing procedure for such amendment shall be the same as for approval of the original RPUD.A major amendment is any amendment which: (1) Substantially alters the location of buildings, parking areas or roads; (2) Increases or decreases the number of residential dwelling units; (3) Increases the gross floor area of any individual building; (4) Increases the number of stories of any building; (5) Decreases the amount of open space or alters it in such a way as to change its original design or intended use;or (6) Creates noncompliance with any special condition attached to the approval of the master development plan. Any other amendment may be made through review and approval by a simple majority vote of the council. (Ord. No.202 2nd series,§ 1(8),2-26-2001) cs.78-630-78-640.-Reserved. SWAT To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 111104.., From: Jeremy Barnhart, AICP q Community Development Director kESH�� Date: September 21, 2020 Subject: #LA20-60, City of Orono Text Amendment related to revisions to variance resolutions Public Hearing Application Summary: This text amendment codifies the Council practice of approving minor amendments to the plans attached to the resolution grating variance approval. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background The City Council approves variances via resolution, and the final plans are attached to these resolutions for reference. Occasionally,the property owner desires a minor change to the plans that do not impact the issues discussed, but would require a variance if proposed separately. Items typically have included minor expansions into the setbacks, or a change in configuration of retaining walls. Planning Staff has presented these minor changes to the City Council for approval. The Council also has the option to remand the change back through the variance process. The proposed ordinance, drafted by the City Attorney codifies this practice. Public Comments To date, no public comments have been received. Issues for Consideration 1. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the ordinances as drafted. List of Exhibits Exhibit A. Draft Ordinance ORDINANCE NO. , THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE ADDING SECTIONS 78-131 RELATED TO VARIANCE AMENDMENTS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Orono Municipal Code Section 78-131 is hereby added with the following language: Sec. 78-131 —Variance Amendments. A proposed change to an existing variance shall be processed as either a minor amendment or major amendment as defined in this section as determined by the Zoning Administrator. a. All documents affected by the approved amendment shall be amended and replaced in their entirety. However an approved minor amendment will not modify the original issuance date of the existing variance for all purposes including Extensions under Sec. 78-129 and Expiration under Sec. 78-128 of this Chapter. b. Minor amendments. 1. Proposed amendments to variances involving twenty (20) percent or less of the total existing variance or the proposed amendment is reasonably believed by the Zoning Administrator to not be materially different than the underlying variance are minor amendments. Minor amendments may be heard by the city council without a public hearing and without planning commission consideration. 2. The Zoning Administrator may determine that a proposed amendment is a major amendment, even if it meets the criteria of a minor amendment, and shall follow the procedure for major amendments. c. Major amendments. A major amendment to the variance shall be processed and approved in the same manner as if it were a new variance request except that submission requirements shall be modified as appropriate by city staff to reflect the nature of the proposed amendment. d. Major amendments shall include: 1. Any amendment that is not a minor amendment. 2. Any amendment determined to be a major amendment by the Zoning Administrator. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. 210896v ADOPTED this day of , 2020 on a vote of_ayes and nays by the City Council of Orono, Minnesota. ATTEST: Denis Walsh, Mayor Anna Carlson, City Clerk Ordinance published in The Laker and The Pioneer newspapers the week of , 2020. 210896v1