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11-16-2020 Planning Commission Packet
liLOAI Agenda Planning Commission Meeting A November 16,2020, 6:00 P.M. se. 6E Orono Council Chambers,2780 Kelley Parkway, Orono, MN 55356 `ltEsHo4=' 952-249-4600/www.ci.orono.mn.us The Meeting will be held at the City Council Chambers,2780 Kelley Parkway, Orono, MN 55356. Additionally, because the Governor of the State of Minnesota has declared a health pandemic emergency per State Statutes Chapter 12, limited seating is available in the regular meeting location. Participants are encouraged to wear masks where social distancing cannot be maintained. The Planning Commission is an advisory body to the City Council. If action is taken on any items on this agenda, they will be scheduled for an upcoming City Council meeting. A quorum of the City Council may be in attendance of a Planning Commission meeting to hear comments made, though no action or deliberation of the Council will occur. Council Representative: Aaron Printup Pledge of Allegiance Approval of Agenda Approval of Minutes October 19, 2020 Public Hearings 1. LA20-000069 All Energy Solar, 4760 Bayside Road, Variance (Staff: Jeremy Barnhart) 2. LA20-000070 Boyer Building Corp., 3145 North Shore Drive, Variance(Staff: Melanie Curtis) 3. LA20-000071 Jacob Stickney, 15 Stubbs Bay Road North (PID 32-118-23-34-0006), Variances (Staff: Laura Oakden) 4. LA20-000061 City of Orono Text Amendment related to Expansion Permits (Staff: Jeremy Barnhart) 5. Update on November 9, 2020 Council meeting Adjourn Planning Commission Liaison to Monday, December 7, 2020 City Council meeting: Jon Ressler Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected & Email Notification MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis,Bob Erickson, Matt Gettman, Scott Kirchner,Dennis Libby. The following Commissioners were absent:Mark McCutcheon.Representing Staff were Community Development Director Jeremy Barnhart and City Planners Melanie Curtis and Laura Oakden. Chair Ressler called the meeting to order at 6:00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Kirchner moved,Libby seconded,to approve the Agenda for the October 19,2020 Planning Commission meeting.VOTE: Ayes 6,Nays 0. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF September 21,2020 Gettman moved,Erickson seconded,to approve the minutes of the Orono Planning Commission meeting of September 21,2020.VOTE: Ayes 6,Nays 0. PUBLIC HEARINGS 1. LA20-000051 NIH HOMES,4465 NORTH SHORE DRIVE,VACATION(Staff: Laura Oakden) Brian Benson OB/O NIH Homes,Applicant, was present. Staff presented a summary of packet information. Ms. Oakden noted Planning Department Staff supports the request to vacate the unimproved alley. Chair Ressler said as policy they must notify all service providers, Frontier being one of them, and asked if Frontier had an issue with it,would that change Staffs recommendation. Ms. Oakden replied no, and noted in the recommendation, for Staff to approve the proposed alley vacation contingent on any easement requests by utility companies. All utility companies have responded with the exception of Frontier, and none have requested easements. Gettman asked if there is any idea as to what caused the alley to be required in the first place. Ms. Oakden said it was out of a plat in 1889 and she assumes it was before North Shore Drive was there; these were cabin lots and the alley was the access to those lots. She noted over time portions of the alley have been vacated and this is the final portion. Kirchner asked regarding Frontier, did Ms. Oakden say there was a contingency that this would be vacated assuming there is not an easement request from any utilities. Ms. Oakden replied it is contingent on any easement requests, so if there is an easement request before City Council,they adopt their easement request. She stated it is not typical that they get easement requests through Frontier so she would not anticipate one but she did put it in the motion. Page 1 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Kirchner asked if that contingency expires at some point, is he hearing that expiration would be once it goes to the City Council. Ms. Oakden said yes, City Council would then take all input into consideration with their action. Brian Benson,201 East Lake Street, Wayzata, O/B/O NIH Homes,(the current owner of 4465 North Shore Drive)noted he has spoken with both neighbors who have indicated they'd like to get this cleaned up;the alley goes through one neighbor's garage as it has for 50 years or so. Chair Ressler opened the public hearing at 6:06 p.m. Chair Ressler closed the public hearing at 6:06 p.m. Gettman moved,Libby seconded,to approve LA20-000051,4465 North Shore Drive,Vacation of Unimproved Alley.VOTE: Ayes 6,Nays 0. 2. LA20-000059 HENDEL HOMES, 1775 FOX STREET,CONDITIONAL USE PERMIT(Staff: Melanie Curtis) Steve Kothman O/B/O Hendel Homes,Applicant, was present. Staff presented a summary of packet information.The applicant is requesting a conditional use permit (CUP)to install a full bathroom including a shower, in a new pool house. Planning Department Staff recommends approval of the CUP conditioned upon the property owners' agreement to the filing of the standard restrictive covenant against the property regarding the building's use. Ressler asked for clarification if any of these applications go before the City Engineer for review in case of environmental concerns or impact regarding the installation of an auxiliary shower and full bathroom. Ms. Curtis replied the City Engineer would not review it regarding the plumbing itself, and the septic system is sized based on bathroom number in the home and the toilet and sink are an allowed use; however,the shower requires a CUP due to the intensified use of the building. She noted there are no concerns that have been expressed about the installation. Ressler asked if this project will hook up to existing septic. Ms. Curtis answered in the affirmative, stating it will hook up to the existing septic system for the home. Mr. Steve Kothman, Senior Project Manager for Hendel Homes, stated it is a pool house conforming to the hardscape areas and falls within the setback lines of the flood plain and other areas. Chair Ressler opened the public hearing at 6:11 p.m. Chair Ressler closed the public hearing at 6:11 p.m. Libby thinks Ressler's question about the services is valuable and important but he does not see anything other than agreement on his part as Staff recommendation seems prudent and well thought out. He noted the designs look in keeping with good fit and finish. Page 2 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Chair Ressler agrees with Staffs opinion recommending approval. He asked if anyone else has an opinion. Kirchner asked just below the proposed pool house it appears there is a future septic area and asked if that is part of this project or if that plan is for the future. Ms. Curtis noted that is the alternate septic site should it be needed and the setback to the actual treatment area of the mound is 20 feet,which the building complies with. Kirchner moved, Gettman seconded,to approve LA20-000059, 1775 Fox Street,Conditional Use Permit,contingent upon City Staff's recommendation that it is not used for a home,dwelling or leased/rented as a dwelling. VOTE: Ayes 6,Nays 0. 3. LA20-000064 KRAEMER& SONS,320 WOODHILL ROAD,CONDITIONAL USE PERMITS(Staff: Melanie Curtis) Kevin Hilgers OB/O Kraemer& Sons,Applicant,was present. Staff presented a summary of packet information.The applicant is requesting two conditional use permits for the property: 1)A CUP for a Guest House use; and 2)A CUP to install a full bathroom, including shower, in a new pool cabana building. Planning Department Staff recommends approval. Mr.Kevin Hilgers reported the project is within hardcover calculations and setbacks and they are simply following protocol for formality purposes. Chair Ressler opened the public hearing at 6:15 p.m. Chair Ressler closed the public hearing at 6:15 p.m. Chair Ressler asked Ms. Curtis to verify that the project will go under the existing septic that is already on site and there is nothing unique or exact being added. Ms. Curtis replied the property is connected to City sewer. Bollis moved,Libby seconded,to approve LA20-000064,320 Woodhill Road,Conditional Use Permits. VOTE: Ayes 6,Nays 0. 4. LA20-000065 GONYEA TRANSFORMATIONS, 140 KINTYRE LANE,CONDITIONAL USE PERMIT(Staff: Laura Oakden) Tom Larson O/B/O Gonyea Transformations, Applicant,was present. Staff presented a summary of packet information. The applicant is requesting a conditional use permit (CUP)to install a 450 square foot accessory building which will include a bathroom, shower, storage space, open office and exercise space. The CUP is due to the shower request. Planning Department Staff recommends approval conditioned upon property owners' agreement to filing restrictive covenants. Page 3 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Tom Larson added that this new structure will be tied to the existing sewer and water on the property. Chair Ressler opened the public hearing at 6:18 p.m. Chair Ressler closed the public hearing at 6:18 p.m. Kirchner moved,Erickson seconded,to approve LA20-000065, 140 Kintyre Lane, Conditional Use Permit contingent upon restrictive covenants as recommended by City Staff. VOTE: Ayes 6,Nays 0. 5. LA20-000066 MARTY SARENPA, 1101 NORTH ARM DRIVE,VARIANCE(Staff: Laura Oakden) Marty Sarenpa,Applicant,was present. Staff presented a summary of packet information. The applicant is requesting an average lakeshore setback variance. Staff finds there are practical difficulties inherent with the property as the existing location limits the type or any additions/renovations that can be done. Planning Department Staff recommends approval of the average lakeshore setback variance. Chair Ressler said the variance they are talking about is average lakeshore setback and seeing as this is building like-kind,the addition of additional structure will not further encroach upon the average setback. The additional structure is not triggering a variance for total structure or finished hardcover and asked if that is correct. Ms. Oakden replied that is correct;the Applicant is meeting all other zoning requirements and they are asking to do an addition for a solarium on the South side of the home,not lakeward of the existing home. Marty Sarenpa, 1101 North Arm Drive, stated he is looking for a variance to build a solarium and can answer any questions. Chair Ressler opened the public hearing at 6:22 p.m. Chair Ressler closed the public hearing at 6:22 p.m. Ressler stated the application serves many of the purposes the Planning Commission normally faces,they are not further encroaching,they are building like-kind,the only variance entertained is average lakeshore setback and they are not worsening an existing condition. He is inclined to support Staffs recommendation. Erickson asked Mr. Sarenpa, in looking at the aerial photo it looks like there is a good-sized shade tree fairly close to the proposed solarium and wondered if he is contemplating taking the tree down for more sunlight. Mr. Sarenpa responded no; it is an old oak tree which was damaged from straight-line winds before he purchased the property back in the early 1990's. He is not looking to take the tree down and hopes it lasts as long as possible. Page 4 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Kirchner moved,Bollis seconded,to approve LA20-000066, 1101 North Arm Drive.VOTE: Ayes 6, Nays 0. 6. LA20-000067 ALETHEA SADOWSKI, 1265 SHORELINE DRIVE,VARIANCE(Staff: Melanie Curtis) Alethea Sadowski, O/B/O Roger and Nancy McCabe,Applicant,was present. Staff presented a summary of packet information. The applicant is requesting a variance in order to construct an upper level porch addition on to the existing home encroaching entirely into the average lakeshore setback. Planning Department Staff recommends approval of the variance. Bollis asked if the proposed project will go completely over existing hardcover. Ms. Curtis replied yes but she believes there is a tiny piece of hardcover being added. She said they are conforming at 24.99%with the proposed addition. Chair Ressler asked if the proposed addition is encroaching upon the average lakeshore setback. Ms. Curtis answered yes,noting the red line on screen is the average lakeshore setback. Erickson asked if the neighboring house is a two-story. Ms. Curtis said 1305 Shoreline Drive is a two-story home. Erickson said the addition of the roof over the balcony could have some impact on the view. Ms. Curtis said she does not believe so as the way the home is oriented, 1305 Shoreline Drive is on a higher level of topography. She noted 1265 Shoreline Drive is much lower on the land and there is a mature oak tree and mature evergreen tree on the property line that almost block their view of the pool area on the subject lot. Alethea Sadowski, 1265 Shoreline Drive,noted she spoke to the neighbor directly to the East and he has offered to write a letter to give the home owner a favorable reply. She reported it is a bit of a struggle as half of the house is in a hardship. Chair Ressler opened the public hearing at 6:30 p.m. Chair Ressler closed the public hearing at 6:30 p.m. Chair Ressler asked Staff to help him understand the project as they always try to avoid adding additional structure inside of a lakeshore setback and would like to know how Staffs recommendation differs from that regarding this Application. Ms. Curtis clarified they are not within the 75-foot setback; onscreen she noted the 75-foot setback comes just house-ward of the pool and they are not encroaching into that area. Staff is supportive of this as it does not appear that it will negatively impact views of the neighboring homes,which is the purpose for the code provision. Page 5 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Gettman asked if there is any history on the pool. Ms. Curtis replied she does not know the history. Kirchner clarified there is an existing 14-foot encroachment and this project would be adding an additional 10 feet totaling 24 feet. Ms. Curtis responded that is true. She said the setback line angles and is about 14 feet and gets smaller as one moves to the East; she doesn't know if it is exactly 24 feet but from the house as it sits now it is 10 feet further towards the lake than the house sits. Chair Ressler stated it is meaningful to know that the proposed plans are building beyond the lake lot setback of 75 feet. Bollis asked Staff to refresh the Commissioners' memory on why the pools on this home and the neighboring home are not considered within the setback line. Ms. Curtis reported the average setback line is measured from the most lakeward part of the principal building. The pools are considered structure so are not part of that calculation. She noted upper level decks and the home itself would be part of the principal building and that is why the line is drawn from the location shown,rather than using the pools. Bollis asked about stairs. Ms. Curtis said a 6-foot-high portion of the principal building is what Staff uses; she clarified if it is 6 feet or above. She stated in the average lakeshore setback they allow encroachments that are 42 inches or less. Libby moved,Kirchner seconded,to approve LA20-000067, 1265 Shoreline Drive,Variance. VOTE: Ayes 6,Nays 0. 7. STAFF UPDATE FROM THE OCTOBER 12,2020 CITY COUNCIL MEETING(Staff: Jeremy Barnhart) Barnhart said many of the items the Planning Commission reviewed in September were reviewed by the City Council on October 12,2020. The variance at 2697 Casco Point Road was approved;the variance for 4780 North Arm Drive West was approved. Some items the Planning Commission recommended denial on,the City Council tabled;the Council had the same struggle with practical difficulties for the project at 3249 Casco Circle and tabled it pending the Applicant's ability to come back with a revised plan that would match the practical difficulties. Regarding several variances at 1985 Fagerness Point,the Applicant made changes to the plan and presented those to the Council;the Council struggled with the front yard setback so they tabled it. The Council also provided comment on the proposed project at the Northwest corner of Willow and Wayzata. Their main issue was density and impact on the community and direction was given; Barnhart noted the Applicant made some drastic changes to the plan so the Commissioners may want to look at the Council packet from October 12,2020. The Council approved the Text Amendment regarding variances and there will be an ordinance that will exclude 33.3%from the dry-buildable calculation. Chair Ressler asked regarding 3249 Casco if there was any input from Council on the roofline. Page 6 of 7 MINUTES OF THE ORONO PLANNING COMMISSION October 19,2020 6:00 o'clock p.m. Barnhart replied the Council was careful not to redesign the project for the Applicant,but they held fast to the practical difficulties. In discussion,they said to meet building code and meet the same roof pitch the Applicant will need bigger rafters;the Applicant was advised to review the drawing and come back for further consideration. Kirchner asked if they are talking about the garage that was going to go vertical and would then have an encroachment. Mayor Dennis Walsh took the podium and clarified the City Council told the Applicant they could support a variance because by having to take the current roof off,as it is not to code,they would need bigger rafters. For example,they would need 2x12 framing rather than 2x6 and the Council would give a variance for that because that would be a practical difficulty. The Applicant said he would go back and speak to the client about it. ADJOURNMENT Gettman moved,Bollis seconded,to adjourn the Planning Commission Meeting. VOTE: Ayes 6, Nays 0. The Orono Planning Commission meeting adjourned at 6:41p.m. ATTEST: Jon Ressler, Chair Page 7 of 7 Date Application Received: October 20,2020 Date Application Considered as Complete:October 21,2020 1 .OAO 60-Day Review Period Expires: December 20,2020 To: Chair Ressler and Planning Commission Members y Dustin Rief, City Administrator `°e � � 4kESHO� From: Jeremy Barnhart,AICP Community Development Director Date: November 16, 2020 Subject: #LA20-000069, All Energy Solar o/b/o Aron and Kali Johnson,4760 Bayside, Variance Public Hearing Application Summary: The applicant is requesting a variance to allow solar arrays to cover more than 70%of the roof Staff Recommendation: Planning Department Staff recommends approval Background The applicants are working on behalf of the property owner. They propose a roof mounted solar array that covers 83%of the roof to which it is affixed,the maximum is 70%. Practical Difficulties Analysis Applicant Submittal Information:The applicant offers that the orientation and design of the roof of the structures offers inadequate access to sunlight are 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.The applicants also note that ground mounted solar arrays are not permitted in Orono. Planning Staff Practical Difficulty Analysis: Regarding practical difficulty,Staff notes that the State Statutes(462.357 6. (2)) identify inadequate access to sunlight as a practical difficulty. In its review staff notes that the improvement will have no impact on neighboring properties. Further,staff concurs that the state Statute does define inadequate access to sunlight as a practical difficulty. With the city's prohibition of ground mounted systems (and recent denial of a ground mounted array variance on a different property(LA18-000103)),the applicant has no other choice. FILE#LA20-000069 November 16,2020 Page 2 of 4 LOT ANALYSIS WORKSHEET Section 78-395—Accessory Structure Setbacks: RR-1A DISTRICT Required Existing Proposed (Array only) Front 100 627 627 Rear 100 154 156 Side Street 100 88 102 Side 50 300 302 Section 78-395- Lot Area/Width: RR-1A DISTRICT Lot Area Lot Width Required 217,800 s.f. (5 acres) 300' Actual 299,105 s.f. (6.87 acre) 182' Section 78-1403-Structural Building Coverage: The property is greater than 2 acres,structural coverage does not apply. Section 78-1680 and 78-1700-Hardcover Calculations: The property is in an exempt zone, hardcover calculations do not apply. Applicable Regulations: Variance (748-1379 (e) 2. h.): Maximum area. In all residential zoning districts,the collector and mounting system of a roof-mounted solar energy system shall cover no more than 70 percent of the roof to which it is affixed. 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#LA20-000069 November 16,2020 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 70% rule is to avoid the visual impact of solar panels covering a roof. The roof structure is not visible form the street, either from Bayside (over 600 feet away), or McCulley Road (on the other side of a large berm). The variance is consistent with the comprehensive plan.The Comprehensive Plan includes"To preserve open space, light, air, and solar access for all citizens while maintaining night sky" as a general goal (CMP Part 2 Community Plan Foundation, page 13). Additionally, Cities are required to include an element of protection and access to for solar energy systems (CMP Part 3A Solar Access Protection,page 14.) 2. 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 placement of solar panels is a reasonable use. b. There are circumstances unique to the property not created by the landowner; the property owner did not build the house,and the desire to maximize the use of solar panels does not appear to be the key objective during construction and c. The variance will not alter the essential character of the locality. The excess coverage(of panels)will likely not be visible outside of the property. Lastly,the State Legislature has determined that inadequate access to sunlight for solar energy systems is a practical difficulty. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 3. Economic considerations alone do not constitute practical difficulties. Economic considerations has not been the sole factor in the variance approval determination. 4. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter 78. The applicant has noted that the design of the house roof, the orientation of the accessory structure,and the City's prohibition of ground mounted arrays limit adequate access to sunlight. 5. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as solar arrays are permitted in every district. 6. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 7. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The structure's orientation to the sun does not support adequate access to the sun. 8. The conditions do not apply generally to other land or structures in the district in which the land is located.The conditions would apply to other structures not properly oriented to the sun. 9. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The right to the sun for solar arrays is a right provided by the city and the state legislature. 10. The granting of the proposed variance will not in any way impair health, safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. No suggestion FILE#LA20-000069 November 16,2020 Page 4 of 4 that the increased level of solar panels will impact health,safety,and comfort has been received. 11. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is not merely a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. The applicants have submitted Adjacent Owners Acknowledgment forms from neighboring properties, 87 McCulley Road and 4720 Bayside Road. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the variance as presented. List of Exhibits Exhibit A. Application Exhibit B. Plans Exhibit C. Practical Difficulties Documentation Form Exhibit D. Survey Exhibit E. Variance Narrative Exhibit F. Adjacent Neighbor Acknowledgment Forms Exhibit G. Site Visit pictures Exhibit H. Excerpt Solar Energy System Regulations Exhibit I. State Statute Exhibit J. Mailing information References 2040 Comprehensive Plan LA20-69 ExA Land Use Application Summary Application Date: 10/20/2020 Address: 4760 Bayside Road Orono, MN 55359 Parcel Number: 3111823330012 Land Use Number: LA20-000069 Application Submitted By: Agent on behalf of property owner Owner: Name: ARON J & KALI J ANDERSON Address: 4760 BAYSIDE RD MAPLE PLAIN, MN 55359 Applicant: Name: Colin Buechel Company: All Energy Solar Address: 1264 Energy Lane St. Paul,MN 55108, MN 55108 colin.buechel@allenergysolar.com Contact Information: Associated Contact: Colin Buechel colin.buechel@allenergysolar.com Associated Contact: Associated Contact: Associated Contact: Project Description: Installation of a flush mounted solar PV system to pole shed roof. 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 O I1) Applicant Signature: j /,� 1/4,_ LA20-69 ExB J ALL -- ENERGY COMPANY INFORMATION ALL ENERGY SOLAR,INC 1264 ENERGY LANE ST PAUL,MN 55108 (800)620-3370 I N FOgALLENER GYSOLAR.CO M CLIENT INFORMATION Kali Anderson 1. 4760 Bayside RD Maple Plain,MN 55359-9620 00030523 Panel Type REC Alpha 440 #of Panels 49 System Size(kW) \t 21.56 1\ Flush Roof Mount / 1 NOTES: I\1 1.(2)SOLAREDGE SE10000H-US 1 I INVERTER(S) ���� . 2.ARRAY 1 18°TILT,155°AZIMUTH ���� wi 0l 0� Oil �,.. 3.PANELS COVER 83.2%OF 11 ''�' ROOF SURFACE ,���� 10 ,� 1� 1A N j AZIMUTH i REVISIONS LAST:10/20/20 AM v PROJECT-PAGE TITLE V BAYSIDE RD COVER PAGE PAGE NUMBER AO z p Z a O a w >"= iimI ; L�oui u= �wZ,, : I;pbI `� o�}zfg 7, oZ aLL mgo >I1J coma. 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O I— Q Q > W J W J J .,.: W I— U) U) Q W W I I F— H- D 0 0 U) U) 1 ALL ENERGY COMPANY INFORMATION ALL ENERGY SOLAR,INC RACKING MODULE FLASHING 2X4 PURLINS© 16"OC 5 pENERGY LANE ST PAUL,MN 55108 (800)620-3370 INFO©ALLENERGYSOLAR.COM Li 1 , �I - ____,_4 CLIENT INFORMATION Li ,, 1 1 Aron and Kali Anderson I —, 4760 BAYSIDE RD "' �' :-.4-' MAPLE PLAIN,MN 55359 1 PO 30523 ( Ll SYSTEM DETAILS SNAP-N-RACK --- '-.4.-- - - --°"I - "'y �' MOUNTING HARDWARE: L�I l I � ' ______.___Iy_ _ __L J _ L__ ___ __.+. ___ 1.(102)S-5SOLAR FOOT -- ---�- - -- - --•� f '-+- --- 2.(1 4)RAIL SPLICES __ (( --;,v - _ _ ( 7.�� :a.'_ __ 3.CLAMPS L�,) __,______..,_ __._____.______ __Lj.-I---_________ _ LI __`.,LI___ ___ (84)MIDCLAMPS 00 N (28)ENDCLAMPS --_ � -_ _-_- I- 1 _ �-_-- 4.RAIL LENGTHS: - Lam: 1 ..I (28)168"RAILS I 1 s - — �. -4-1_ L --- I-4-1- _ I '__, 2X6 TRUSS @8'OC r---- "STRINGING TO BE ey]_ _ ,�.;- DETERMINED ON SITE r,_1 t:_L I_ , • j 1 ' + - [s LCL I 1 y AZIMUTH 572" REVISIONS 16" 16', LAST:10/20/20 AM 604, (49)REC REC440AA 72 MODULES PROJECT-PAGE TITLE (49)P505 OPTIMIZERS (2)SOLAREDGE SE10000H-US RAIL DIAGRAM INVERTER(S) STRINGS: LEGEND: SOLAREDGE STRING LENGTH: 120/240V.P300,P320.P370, P400 PAGE NUMBER (1)STRING(S)OF 13 OPTIMIZERS POSITIVE END: MODULE WATTS I MIN MAX (3)STRING(S)OF 12 OPTIMIZERS NEGATIVE END: . 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Y _ b, by � .yt '7;1441 rt * ..y�4.ts'.+ '4' -1.'0,--•;: `-',.-:=;:k..` t ,. ` 1'' ,IP, { t e x, DISTANCES: /ALL SOLAR PANELS -OPTIMIZERS:5'MAX ENERGY OPTIMIZERS-INVERTERS:75'MAX un�t• INVERTERS-PV SUBPANEL:2' PV SUBPANEL-UTILITY FUSED AC DISCONNECT:2' COMPANY INFORMATION UTILITY FUSED AC DISCONNECT-TERMINAL BOX:2' TERMINAL BOX-OUTGOING METER:2' ALL ENERGY SOLAR,INC OUTGOING METER-INCOMING METER:2' 1264 ENERGY LANE TERMINAL BOX-MAIN ELECTRIC SERVICE:2' ST PAUL,MN 55108 (800)620-3370 CALL-OUTS: INFO@ALLENERGYSOLAR.COM 1:SOLAR PANELS CLIENT INFORMATION 2:OPTIMIZERS Kali Anderson 3:INVERTERS 4760 Bayside RD 4:PV SUBPANEL Maple Plain,MN 55359-9620 5:UTILITY FUSED AC DISCONNECT PO Number 6:TERMINAL BOX 7:OUTGOING METER 00030523 8:INCOMING METER I SYSTEM DETAILS I ®`Q- 9:MAIN ELECTRIC SERVICE �•� ♦ 10:HOUSE SERVICE METER '�� �0• NOTES: 11:HOUSE ELECTRIC SERVICE �0° ,I� 1.(2)SOLAREDGE SE10000H- US INVERTER(S)=20kW AC _„.011 2.ARRAY 1: 155°AZIMUTH,18°TILT (49)REC 440W=21.56kW I 0 C r r m ACCOUNT:150-1693-4110 7:1 PREMISE:NA v METER:38129830 NOTES: 1, AZIMUTH 1.LOCATION OF SERVICE PANEL AND ELECTRICAL ,',,,' EQUIPMENT ARE SHOWN.FINAL LOCATION MAY y� CHANGE , {7 2.LOCATION OF SERVICE PANEL AND ADDITIONAL �' !I, IIS ELECTRICAL EQUIPMENT NOT DRAWN TO SCALE \I ' 3.AC DISCONNECT AND PRODUCTION METER WITHIN 10'OF MAIN SERVICE METER/BI-DIRECTIONAL 111111' REVISIONS METER. 24/7 UNESCORTED KEYLESS ACCESS TO BE I'I LAST:10/20/20 AM PROVIDED FOR UTILITY AC DISCONNECT,PV `/ PRODUCTION METER,&BI-DIRECTIONAL METER. . 4.PV EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH NEC 690 AND POSTED WITH APPLICABLE WARNINGS,SIGNAGE,AND PLAQUES PER NEC 705-10,690-17,&690-64(b)(5). PROJECT-PAGE TITLE LABELS LOCATED ON PV PRODUCTION METER,BI- SITE MAP DIRECTIONAL METER,AC DISCONNECT(S),INVERTER(S),AND APPROPRIATE LABELS ON MAIN ELECTRIC SERVICE.ALL LABELS ARE PERMANENT,WEATHERPROOF,AND DURABLE THERE ARE NO CLEARANCE ISSUES DUE TO OVERHEAD BAYSIDE RD PAGE NUMBER POWERLINES. A5 LA20-69 ExC PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000069 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:The solar ordinance as outlined by the City of Orono allows solar energy systems to be used in all zoning districts, but is only permitted as a roof-mounted system.The property owner proposes to install a roof-mounted solar system. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response:The residence was built in 1999 and the current property owners purchased in 2018.The residence's roof structure consists of many valleys and hips that are not feasible for solar panels to be installed on. In addition, ground mounted solar PV systems are not permitted in the City of Orono, leaving this structure and more specifically,this roof plane, as the remaining ideal location to place solar panels. 3.The variance, if granted,will not alter the essential character of the locality. Response: Rooftop solar PV is a permitted use in the City of Orono.The proposed array will have limited visibility if any from neighbors and fellow residents due to flush mounted design, natural screening, and location and tilt of the roof plane. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Our design meets the 2020 State of Minnesota Building code; however, it does not meet the City of Orono's requirements outlined in Sec. 78-1379 of Orono's Zoning Ordinance. Specifically Sub e, number 2, letter h which states, "Maximum area. In all residential zoning districts,the collector and mounting system of a roof-mounted solar energy system shall cover no more than 70 percent of the roof to which it is affixed".The current array design covers approximately 83%of the roof plane. Minnesota Statute 462.357, subd. 6, states that inadequate access to direct sunlight for solar energy systems is a practical difficulty. 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 property consists of two buildings: the residence and a pole barn.The residence's back roof is Northeast facing while the front is Southwest facing.The pole barn is South-Southeast facing,at 155 degrees azimuth. Due to Minnesota residing on the North side of the equator line,the optimal azimuth for solar access is South,therefore the pole barn is the better suited location for solar panels. Additionally,the residence's roof structure consists of many valleys and hips that are not feasible for solar panels to be installed on. Minnesota Statute 462.357, subd. 6, states that inadequate access to direct sunlight for solar energy systems is a practical difficulty. 6.The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response:The property consists of two buildings: the residence and a pole barn.The residence's back roof is Northeast facing while the front is Southwest facing.The pole barn is South-Southeast facing,at 155 degrees azimuth. Due to Minnesota residing on the North side of the equator line,the optimal azimuth for solar access is South,therefore the pole barn is the better suited location for solar panels. Additionally,the residence's roof structure consists of many valleys and hips that are not feasible for solar panels to be installed on. 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: N/A 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: It is the property owner's and right to supplement or utilize alternatives to conventional fuels, in which they are choosing to do so by installing a solar energy system. 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 City of Orono's Community Management Plan, Part 3A Environmental Protection Plan outlines the need for protecting solar access. Granting this proposed variance will not impair health,safety, comfort, morals or otherwise, but rather be contributing to the City's 2040 plan. 12.The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Our design meets the 2020 State of Minnesota Building code; however, it does not meet the City of Orono's requirements outlined in Sec. 78-1379 of Orono's Zoning Ordinance. Specifically Sub e, number 2, letter h which states, "Maximum area. In all residential zoning districts,the collector and mounting system of a roof-mounted solar energy system shall cover no more than 70 percent of the roof to which it is affixed".The current array design covers approximately 83% of the roof plane. Minnesota Statute 462.357, subd. 6, states that inadequate access to direct sunlight for solar energy systems is a practical difficulty. , 0• ••-• ,,,-:,,t s.,z i \ ' , ...‘. =1 .,!.'l ,- • • P., r,11 r —1 ,.... ? ...' ' tt s .- t"' ''l Z .• ',,,. ',.' 11 ga._ ,tt •t' 'E' g ,... tj., .. i. 4 ''',..' c't :.,° t- ='-' ..,',.: ''',...' „, -0 ,, , ••• , —4. - ....., 44 c•'• , -t• '41‘fl,tia'. •4 '-'-"k it a't : ED .i . : ' !I' C.: , 1, 4 t..., tg 4 -,-. •-t.. .§ 5- 1 fi X • , z !,' 2', -- ,.-• %,, ..4. E t P p, 8 i i ,, -,' ' '' `,.•-• • : E n' # '''' S.i. '-'- A Es ;--.. ; 41 Z • ; ' ,4 -41 c7.• 0 L _I I 1 c3 , •_/ : , ,,,., -------,___ .....i,:t I k7IE I: ' s ..„..C. \ .,..1 ; \ ‘ I -7.- , -1 ..----- 1 ( _ — ;iT / r• t.,, .., . •rt 1 P cz) • .., 1 4° ,•-•"--i ..") /,,--- ,---,-,'- '/:,,,-;----— ‘' 3113i! _ 1 4:, a voy A 77.7733/17 ' k pf? U — 1— i i i I i 4 • W Er LA20-69 ExE \,I/ ALL ENERGY SOLAR 1264 Energy Lane St.Paul,MN 55108 www.allenergysolar.com October 19, 2020 Dear City of Orono, Aron and Kali Anderson live at 4760 Bayside Road in Orono. They are seeking to install a solar photovoltaic (PV) system on the roof of a pole barn on their property. Minnesota §462.357, subd. 6, states that inadequate access to direct sunlight for solar energy systems is a practical difficulty. The combination of ground-mounted solar PV arrays not being permitted in Orono and the uniqueness of the property, limit access to direct sunlight on this property. In order to maximize production of the system on the property, All Energy Solar has designed a flush-mounted solar PV system to go on the Southern facing roof plane of the pole barn. The solar will be interconnected to a meter that is located at the pole barn. The array will not be visible from the nearby streets- McCulley and Bayside Roads. Our design meets the 2020 State of Minnesota Building code; however, it does not meet the City of Orono's requirements outlined in Sec. 78-1379 of Orono's Zoning Ordinance. Specifically Sub e, number 2, letter h which states, "Maximum area. In all residential zoning districts, the collector and mounting system of a roof-mounted solar energy system shall cover no more than 70 percent of the roof to which it is affixed". The current array design covers approximately 83% of the roof plane. This proposed system will not impact the character of the neighborhood and will not affect the welfare, safety or health of the community. The proposed system will help Aron and Kali offset their electricity use and contribute to the State of Minnesota's clean energy goals. Sincerely, All Energy Solar From: Mick Sletten <mick@futurefundsatm.com> Date: November 11, 2020 at 4:42:36 PM CST To: Jeremy Barnhart<jbarnhart@ci.orono.mn.us> Subject: Solar Jeremy We live at 4680 Bayside Rd. Our Neighbors Aron and Kali Anderson want to install a solar system on their barn. We think it's a great idea! Please let me know if you have any questions? Thank you! Mick Sletten National Sales Director Future Funds ATM Credit Card processing Digital High Tops High Speed cell boxes for ATM's rnick@futurefundsatm.com 612.802.8705 Virus-free. www.avast.com LA20-69 ExF ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we)Unr�SfihG -t'P-t4ef' of 412-0 }RQ 2, Certoft0 [print name(s)] [print dress] have reviewed the plans for the proposed Improvement or proposed use of the property located at 4760 Bayside Rd,Maple Plain,MN 55359 also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that t proposed neighbor's roject or use requires Council approval. I/2 f %. ' Property Owner /47J7./.1.1 /&*1,0101 i Date Property Owner 1.— Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM I (we) LO....4rnA V.t.At raceA of e1 Mr_CLAteAft BBQ., tvY .v 1C�-t.1 tLJ [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 4760 Bayside Rd.Maple Plain.MN 55359 also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improveme lans and that the proposed neighbor's project or use requires Council approval. Zo12 0 Property Own e Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building &Zoning Office at least 10 days prior to the scheduled meeting date. January 2020 ADJACENT PROPERTY OWNERS'ACKNOWLEPEME T FOR Josh 5ket-, L/7'/v l -ty M 4 I 4' 5$J5'I I (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 4780 Bayside Rd.Maple Plain,MN 55359 also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improveme t pl- s and • •roposed neighbor's project or use requires Council approval. j' /3^ /9-10 roperty Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS'A KNOWLEDGEMENT FORM I (we) A/Z-4-//I)c1/4/7'/✓ 311-)of t f f - e,�/4T7 [print name(s)] / [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 4780 Bayside Rd,Maple Plain,MN 55359 also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvem nt plans and that the proposed neighbor's project or use requires Council approval. /0/ope Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building &Zoning Office at least 10 days prior to the scheduled meeting date. January 2020 . ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we) �/GhM ( S1�* of 1/ W �- 4 426 a [print name(s)] [print,•ress] have reviewed the plans for the proposed improvement or proposed use of the property located at 4760 Bayside Rd.Maple Plain,MN 55359 also referred to as Land Use Application No. . I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Propla caner /Datt? e y caner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building &Zoning Office at least 10 days prior to the scheduled meeting date. • ..................*****..*******************************.."....................********************************.************icw* ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM 3S� �,�—�,/�'` In t vti n I ?Y I (we)t 'U " r• L '—rv`�+, of r�� ��J r j '1 t� [print name(s)] [pri address] have reviewed the plans for the proposed improvement or proposed use of the property located at 4760 Bayside Rd,Maple Plain,MN 55359 also referred to as Land Use Application No. . 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The purpose and intent of this section is to establish standards and procedures by which the installation and operation of alternative energy systems shall be regulated within the city. The city finds that it is in the public interest to encourage alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. (c) Definitions. For the purpose of section 78-1379, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) General definitions. Accessory. A system designed as a secondary use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. Alternative energy system. A ground source heat pump, wind energy conversion system, hydronic furnace or solar energy system. (3) Solar energy systems definitions. Building-integrated solar energy system. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings. Flush-mounted solar energy system. A roof-mounted system mounted directly abutting the roof. • The pitch of the solar collector may exceed the pitch of the roof up to five percent but shall not be higher than ten inches above the roof. Passive solar energy system. A system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger. Photovoltaic system. A solar energy system that converts solar energy directly into electricity. Solar energy system. A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating. (3) Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and meet the requirements of the State Building Code. (5) Permits. A city building permit and any other required agency permits shall be obtained for any ground source heat pump system prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health. (e) Solar energy systems. (1) Zoning districts. Solar energy systems in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (2) Standards. a. Exemption. Passive or building-integrated solar energy systems are exempt from the requirements of this section and shall be regulated as any other building element. b. Roof-mounted systems allowed. The only solar energy systems allowed in the city are those that are roof-mounted, c. Height. Roof-mounted solar energy systems shall comply with the maximum height requirements in the applicable zoning district. d. Setbacks. Roof-mounted solar energy systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. e. Roof mounting. Roof-mounted solar collectors shall be mounted parallel to the surface of the roof and within three feet of the roof surface, unless manufacturer's documentation is provided indicating that collectors must be angled to provide optimum performance. No portion of the collectors or their mounting system shall extend above the peak or ridge height of a pitched roof. On a flat roof, collectors and their mounting systems shall not extend more than 5 feet above the roof surface. f. Easements. Solar energy systems shall not encroach on public drainage, utility, roadway or trail easements. g. Screening. Solar energy systems shall be screened from view to the extent possible without impacting their function. h. Maximum area. In all residential zoning districts, the collector and mounting system of a roof-mounted solar energy system shall cover no more than 70 percent of the roof to which it is affixed. i. Aesthetics. All solar panels shall be designed, installed, positioned and constructed of materials so as not to cause any glare or reflective sunlight onto neighboring properties or structures, nor toward vehicular traffic on land or on a lake, and so as to not obstruct views. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Where necessary, screening may be required to address glare. j. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. The collection system may be placed overhead near substations or points of interconnection to the electric grid. (3) Safety. a. Standards and certification. 1. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or other body as determined by the building official. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. 2. The equipment or device must be designed and constructed in compliance with all applicable building and electrical codes, and (if for co-generation) must be in compliance with all state and federal regulations regarding co-generation of energy. b. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (4) Abandonment. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including transmission equipment. (5) Permits. A building permit shall be obtained for any solar energy system prior to installation. LA20-69 ExI 1 MINNESOTA STATUTES 2020 462.357 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE. Subdivision 1. Authority for zoning.For the purpose of promoting the public health, safety, morals, and general welfare,a municipality may by ordinance regulate on the earth's surface, in the air space above the surface,and in subsurface areas,the location,height,width,bulk,type of foundation,number of stories, size of buildings and other structures,the percentage of lot which may be occupied, the size of yards and other open spaces,the density and distribution of population,the uses of buildings and structures for trade, industry, residence, recreation,public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 216C.06,flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes,official controls may include provision for purchase of development rights by the governing body in the form of conservation easements under chapter 84C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development.No regulation may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface,and subsurface areas of the municipality into districts or zones of suitable numbers,shape,and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations;provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations.Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. Subd. 1 a. Certain zoning ordinances.A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size requirements, or manufactured home setback requirements in any manufactured home park constructed before January 1, 1995,if the manufactured home park,when constructed,complied with the then existing density, lot-size and setback requirements. Subd. lb. Conditional uses.A manufactured home park, as defined in section 327.14, subdivision 3, is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Subd. lc. Amortization prohibited.Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception.This subdivision does not apply to adults-only bookstores,adults-only theaters, or similar adults-only businesses, as defined by ordinance. Subd. Id. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, as defined in section 561.01, or eliminating a use determined to be a public nuisance,as defined in section 617.81,subdivision 2,paragraph(a),clauses(i)to (ix),without payment of compensation. Official Publication of the State of Minnesota Revisor of Statutes 462.357 MINNESOTA STATUTES 2020 2 Subd. 1 e. Nonconformities. (a) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement,but not including expansion,unless: (1)the nonconformity or occupancy is discontinued for a period of more than one year; or (2)any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its estimated market value,as indicated in the records of the county assessor at the time of damage,and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.When a nonconforming structure in the shoreland district with less than 50 percent of the required setback from the water is destroyed by fire or other peril to greater than 50 percent of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body. (b)Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health,welfare,or safety.This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores,adults-only theaters, or similar adults-only businesses,as defined by ordinance. (c)Notwithstanding paragraph(a), a municipality shall regulate the repair, replacement, maintenance, improvement,or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway. (d)Paragraphs(d)to(j)apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements for lot size or lot width. A municipality shall regulate the use of nonconforming lots of record and the repair,replacement,maintenance, improvement,or expansion of nonconforming uses and structures in shoreland areas according to paragraphs (d)to(j). (e)A nonconforming single lot of record located within a shoreland area may be allowed as a building site without variances from lot size requirements,provided that: (1)all structure and septic system setback distance 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 does not exceed 25 percent of the lot. (f) In a group of two or more contiguous lots of record under a common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) the lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120; Official Publication of the State of Minnesota Revisor of Statutes 3 MINNESOTA STATUTES 2020 462.357 (2)the lot must be connected to a public sewer, if available,or must be suitable for the installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, and local government controls; (3)impervious surface coverage must not exceed 25 percent of each lot; and (4)development of the lot must be consistent with an adopted comprehensive plan. (g)A lot subject to paragraph(f)not meeting the requirements of paragraph(f)must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (h)Notwithstanding paragraph(f),contiguous nonconforming lots of record in shoreland areas under a common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota Rules,chapter 7080, or connected to a public sewer. (i)In evaluating all variances,zoning and building permit applications,or conditional use requests,the zoning authority shall require the property owner to address, when appropriate, storm water runoff management,reducing impervious surfaces,increasing setback,restoration of wetlands,vegetative buffers, sewage treatment and water supply capabilities,and other conservation-designed actions. (j)A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. Subd. I f. Substandard structures.Notwithstanding subdivision 1 e,Minnesota Rules,parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the Lower Saint Croix National Scenic Riverway. Subd. 1 g. Feedlot zoning controls. (a)A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b)Prior to final approval of a feedlot zoning control,the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to the commissioner of agriculture and request review, comment, and recommendations on the environmental and agricultural effects from specific provisions in the ordinance. (c)The agencies' response to the municipality may include: (1)any recommendations for improvements in the ordinance; and (2)the legal, social, economic, or scientific justification for each recommendation under clause(1). (d)At the request of the municipality's governing body, the municipality must prepare a report on the economic effects from specific provisions in the ordinance. Economic analysis must state whether the ordinance will affect the local economy and describe the kinds of businesses affected and the projected impact the proposal will have on those businesses.To assist the municipality,the commissioner of agriculture, in cooperation with the Department of Employment and Economic Development,must develop a template for measuring local economic effects and make it available to the municipality.The report must be submitted Official Publication of the State of Minnesota Revisor of Statutes 462.357 MINNESOTA STATUTES 2020 4 to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e)A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358, subdivision 6. Subd. l h. Comprehensive plans in greater Minnesota; open spaces. When adopting or updating a comprehensive plan in a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, and that is located outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land and the minimization of development in sensitive shoreland areas. Within three years of updating the comprehensive plan, the municipality shall consider adopting ordinances as part of the municipality's official controls that encourage the implementation of the goals and objectives. Subd. li.Airport safety zones on zoning maps.Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls. Subd.2. General requirements. (a)At any time after the adoption of a land use plan for the municipality, the planning agency,for the purpose of carrying out the policies and goals of the land use plan,may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Subd. 3. Public hearings.No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body.A notice of the time,place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice,the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners.A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4.Amendments.An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one,for study and report and may not be acted upon by the governing body until it has received the recommendation Official Publication of the State of Minnesota Revisor of Statutes 5 MINNESOTA STATUTES 2020 462.357 of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Subd. 5.Amendment; certain cities of the first class. The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter.In a city to which this subdivision applies,amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate within 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community,to existing land use, or to a plan for future land use,and shall have conducted a public hearing on such proposed ordinance,changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6.Appeals and adjustments.Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance.The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1)To hear and decide appeals where it is alleged that there is an error in any order,requirement,decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2)To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance,means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.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 section 216C.06, subdivision 14, when in harmony with the ordinance.The board of appeals and adjustments or the governing body as the case may be,may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located.The board or governing body as the case may be,may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the Official Publication of the State of Minnesota Revisor of Statutes 462.357 MINNESOTA STATUTES 2020 6 case may be may impose conditions in the granting of variances.A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Subd. 6a. Normal residential surroundings for persons with disabilities.It is the policy of this state that persons with disabilities should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use.A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons,a licensed day care facility serving 12 or fewer persons,and a group family day care facility licensed under Minnesota Rules,parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. 8. Permitted multifamily use.Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision,a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility,provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. Subd. 9. Development goals and objectives.In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential,commercial,and industrial development so that the new development takes place in areas subject to the following goals and objectives: (1)minimizing the fragmentation and development of agricultural,forest,wildlife,and open space lands, including consideration of appropriate minimum lot sizes; (2) minimizing further development in sensitive shoreland areas; (3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers; (4)encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport; (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services,infrastructure,other services,and to the extent feasible,encouraging full development of areas previously zoned for nonagricultural uses; (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers; (7)identification of areas where other developments are appropriate; and Official Publication of the State of Minnesota Revisor of Statutes 7 MINNESOTA STATUTES 2020 462.357 (8)other goals and objectives a municipality may identify. History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66,67; 1994 c 473 s 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14;2002 c 366 s 6;2004 c 258 s 2;2005 c 56 s 1; 1Sp2005 c 1 art 1 s 92; art 2 s 146;2007 c 140 art 12 s 14; 2008c297art 1 s 60,61; 2009c149s3; 2011 c19s2; 1Sp2019 c 3 art 3 s 110,111 Official Publication of the State of Minnesota Revisor of Statutes LA20-69 ExJ H Hennepin County Locate & Notify Map Date: 10/21/2020 / Independence *'`XR z. s - \ — .m., „... Aar ( { ` T 7 ..... y t ,,1, cf 6 t i ti •tom ou ' ,o' 't:V.N . 19 a ....i , . intyRa-d .r ,. .... B4., , ,gay., doIR - . .o_...- 3 illt, .1:14s\MIN, , k\ Buffer Size: 500 0 100200 400 Feet Map Comments: IIIIIIIII 4760 Bayside Road This data (i) 's furnished 'AS IS' with no representation as to completeness or accuracy; (i)is furnished with no warranty of any kind; and (ii) is notsuitable for legal, engineering or surveying purposes.Hennepin County 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 RUN DATE:10/21/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 36 01-117-24 11 0005 38 31-118-23 33 0002 70 36-118-24 410001 ELIZABETH L ROTENBERG STATE OF MINN STATE OF MINN 4885 CO RD NO 19 38 ADDRESS UNASSIGNED 70 ADDRESS UNASSIGNED MINNETRISTA MN 55359 ORONO MN 00000 INDEPENDENCE MN 00000 ELIZABETH L ROTENBERG DNR REAL ESTATE MGMT DNR REAL ESTATE MGMT 4885 CO RD NO 19 ATTN DEBBIE GURTIN ATTN DEBBIE GURTIN MINNETRISTA MN 55359 500 LAFAYETTE RD 500 LAFAYETTE RD ST PAUL MN 55155 ST PAUL MN 55155 38 06-117-23 22 0017 38 31-118-23 33 0005 70 36-118-24 44 0003 I T&M L GEFFRE B&N CUFF STATE OF MINN 4665 BAYSIDE RD 4660 BAYSIDE RD 70 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 55359 INDEPENDENCE MN 00000 IRVIN&MARJORIE GEFFRE BRIDGETTE CUFF DNR REAL ESTATE MGMT 4665 BAYSIDE RD 4660 BAYSIDE RD ATTN DEBBIE GURTIN MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 500 LAFAYETTE RD ST PAUL MN 55155 38 06-117-23 22 0019 38 31-118-23 33 0007 70 36-118-24 44 0007 AFOLAKEMI LAWANI ROSEMARY C IVERSEN P&S SHERIDAN 4775 BAYSIDE RD 4740 BAYSIDE RD 155 MCCULLEY RD ORONO MN 55359 ORONO MN 55359 INDEPENDENCE MN 55359 AFOLAKEMI LAWANI ANDREW A IVERSEN PHILLIP&SUSAN SHERIDAN 4775 BAYSIDE RD 4740 BAYSIDE RD 155 MCCULLEY RD MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 38 06-117-23 22 0020 38 31-118-23 33 0008 70 36-118-24 44 0009 PETER MEYERS/CAROLYN MEYERS PAINTERS CREEK HOMEOWNERS LARRY&SUSAN VENSEL 70 NORTH SHORE DR W 38 ADDRESS UNASSIGNED 87 MCCULLEY RD ORONO MN 55359 ORONO MN 00000 INDEPENDENCE MN 55359 PETER MEYERS PAINTERS CREEK HOMEOWNERS LARRY&SUSAN VENSEL CAROLYN MEYERS C/O SUZANNE JOHNSRUD 87 MCCULLEY RD P O BOX 157 135 LUCE LINE RIDGE MAPLE PLAIN MN 55359 MAPLE PLAIN MN 55359 ORONO MN 55359 38 06-117-23 22 0021 38 31-118-23 33 0009 70 36-118-24 44 0010 S MEAKINS&C MEAKINS PAINTERS CREEK HOMEOWNERS T C JETZER&C R JETZER 4755 BAYSIDE RD 38 ADDRESS UNASSIGNED 4920 CO RD NO 19 N ORONO MN 55359 ORONO MN 00000 INDEPENDENCE MN 55359 SHAWN MEAKINS PAINTERS CREEK HOMEOWNERS THOMAS C&CAROL R JETZER CATHERINE MEAKINS C/0 SUZANNE JOHNSRUD 4920 CO RD NO 19 N 4755 BAYSIDE RD 135 LUCE LINE RIDGE MAPLE PLAIN MN 55359 ORONO MN 55359 ORONO MN 55359 38 06-117-23 22 0022 38 31-118-23 33 0011 J W MORGAN JR&D G PULFORD BRUCE R LANGE L 4725 BAYSIDE RD 38 ADDRESS UNASSIGNED ORONO MN 55359 ORONO MN 00000 JAMES MORGAN&DEBRA PULFORD BRUCE R LANGE 4725 BAYSIDE RD P O BOX 48 MAPLE PLAIN MN 55359 NEWKENT VA 23124 38 06-117-23 22 0025 38 31-118-23 33 0012 S MEAKINS&C MEAKINS ET AL A J ANDERSON&K J ANDERSON 38 ADDRESS UNASSIGNED 4760 BAYSIDE RD ORONO MN 00000 ORONO MN 55359 SHAWN MEAKINS ARON J&KALI J ANDERSON CATHERINE MEAKINS 4760 BAYSIDE RD 4755 BAYSIDE ROAD MAPLE PLAIN MN 55359 ORONO MN 55359 38 31-118-23 32 0001 38 31-118-23 33 0014 CITY OF ORONO MICHAEL D SLETTEN 245 MCCULLEY RD 4680 BAYSIDE RD ORONO MN 55359 ORONO MN 55359 CITY OF ORONO MICHAEL D SLETTEN BOX 47 4680 BAYSIDE RD CRYSTAL BAY MN 55323 MAPLE PLAIN MN 55359 38 31-118-23 32 0002 38 31-118-23 33 0015 STATE OF MINN B PETER&CHRISTINE ACHEY 38 ADDRESS UNASSIGNED 4720 BAYSIDE RD ORONO MN 00000 ORONO MN 55359 DNR REAL ESTATE MGMT B PETER&CHRISTINE ACHEY ATTN DEBBIE GURTIN 4720 BAYSIDE RD 500 LAFAYETTE RD MAPLE PLAIN MN 55359 ST PAUL MN 55155 38 31-118-23 33 0001 70 36-118-24 13 0002 STATE OF MINN DONNA MAE&E JOHNSON FAM LP 38 ADDRESS UNASSIGNED 340 CO RD NO 19 N ORONO MN 00000 INDEPENDENCE MN 55359 DNR REAL ESTATE MGMT DONNA MAE AND EUGENE JOHNSON ATTN DEBBIE GURTIN FAMILY LIMITED PARTNERSHIP 500 LAFAYETTE RD 4230 WILD MEADOWS DR ST PAUL MN 55155 MEDINA MN 55340 Hennepin County has developed electronic forms of certain property information databases.Hennepin County makes reasonable efforts to produce and publish the most current property information available.The viewer should understand,however,that Hennepin County makes no representation or warranties,either express or implied,or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein. Date Application Received: 10/21/2020 Date Application Considered as Complete:10/21/2020 O 60-Day Review Period Expires: 12/20/2020 To: Chair Ressler and Planning Commission Members .-W.„ Dustin Rief, City Administrator kEsH0 From: Melanie Curtis, Planner VY1GG Date: 16 November 2020 Subject: #LA20-000070, Boyer Building Corp. o/b/o Brian O'Connell+ Lynne Rasmussen, 3145 North Shore Drive Variance Public Hearing Application Summary: The applicant is requesting approval of an average lakeshore setback variance for a home addition. Staff Recommendation: Planning Department Staff recommends approval. Background The new owners of the home would like to construct an addition to the home and add a new deck. The home addition will replace an existing deck,and the new deck will be positioned to the north of the addition. Due to the configuration of the property and the uniqueness of the neighboring property with the cove inlet on the north side of the subject property, much of the home is lakeward of the average lakeshore setback line.An average lakeshore setback variance is required. !i \ • '" \-••••„.0-74 i ow, -"'0.,.-- Practical Difficulties Analysis Average 9e ;""-�--~--�-•-•-•-- _ •_�-�-- Applicant Submittal Information:The Lakeshore Ti-: . - applicant has identified the existing i nwe, i Setback Line �M, / "^ 1 rhome's footprint, location of the f i neighboring home,and the exaggerated •-1, , - r�s average lakeshore setback as practical 9,1,, difficulties supporting the requested ~.....,^°"0. variance.Additionally,they have provided " F ,an , supporting documentation regarding u '' , .raek n••'••;�•-, • 1 .l'or•1311*44 ', ,,y Practical Difficulties attached as Exhibit B, -:'~ �''' `• :' .6 and should be asked for additional 'w ice' ", i.. t""-' , testimony regarding the application. / Planning Staff Practical Difficulty Analysis: 41 1 - .,, t7411, + Regarding practical difficulty,Staff finds :;; , . �� ar LAKE that due to the unique nature of the 1 , -t.. 1 + ..u... ,,,o f. lagoon shoreline which pushes the '� northern neighbor's home away from the :�1 31�51brtl,Store w. :_•exp„ ' _r • c I;%,•• ,� • main shoreline of the lake there are • ,.. r,„ .. practical difficulties affecting this �.,�. �� property. FILE#LA20-000070 16 November 2020 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-330-Setbacks: LR-1B DISTRICT Required Existing Proposed Rear 30' +150' No Change North Side 10' 30.2' 32.8' addition North Side Lakeshore (lagoon) 75' 78' 78' addition South Side 10' 11.3' No Change Lakeshore 75' 148' 151' addition At the point of the greatest encroachment,the house is approximately 50-feet lakeward of the average lakeshore Average Lakeshore setback line.The 13 foot addition will extend lakeward from the existing home. However due to the orientation the addition will not extend closer to the lake than the existing home. Section 78-330-Lot Area/Width: LR-1B DISTRICT Lot Area Lot Width Required 43,560 s.f. (1.0 acres) 140' Actual 49,320 s.f. (1.13 acre) 117'@ 75'/ 110' @ OHWL Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 49,320 s.f. (1.13 acre) Allowed: 9,846 s.f. (20%) Proposed: 4,524 s.f. (9.1%) Section 78-1700-Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Zone Hardcover Hardcover Hardcover Tier Tier 1 49,320 s.f. 12,330 s.f. 9,920 s.f. 9,999 s.f. (25%) (20.1%) (20.3%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) The average lakeshore setback line divides the owners' house in half.The entire lake side of the home is lakeward of the average lakeshore setback line, limiting improvement or expansion opportunities. At the location of the greatest encroachment,the existing house is approximately 50-feet lakeward of the average lakeshore setback line.The proposed 13-foot addition will extend lakeward from the existing home. However, due to the home's orientation the addition will not extend closer to the lake than the existing home. FILE#LA20-000070 16 November 2020 Page 3 of 5 The applicant's proposed additions will not encroach into the 75-foot setback, and will be conforming with respect to side yard setback, and hardcover and structural coverage limitations. 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 average lakeshore setback variance is in harmony with the Ordinance as the adjacent neighbors'views of the lake will not be impacted by the improvements. 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for construction of an addition to an existing 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 improvements lakeward of the average lakeshore setback appears to be reasonable; the unique lagoon shoreline, location of the neighboring home, and home orientation separate the Property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The location of the existing home, the orientation and location of the neighboring homes, and the character of the lake shoreline with the lagoon on the north are conditions not created by the landowner; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit an addition to the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. 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 FILE#LA20-000070 16 November 2020 Page 4 of 5 defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as an addition to the home is an allowed use in the LR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the existing home, the orientation and location of the neighboring homes,the lagoon shoreline,and the character of the neighborhood are unique conditions affecting the subject Property and the immediately adjoining properties. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the existing home, the orientation and location of the neighboring home, and the lagoon shoreline are unique conditions affecting the subject Property. 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 the variance is necessary to preserve their right to improve their home and 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 variance 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 application of the average lakeshore setback on this property severely limits the options for expanding and/or improving the home;the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring home to the north,the orientation of the neighboring homes,and the character of the lagoon lakeshore affecting the subject property and the property to the north. 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 A supportive email was submitted by the neighbor at 3135 North Shore Drive who is the most impacted by the proposed addition.This comment is attached as Exhibit G. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? FILE#LA20-000070 16 November 2020 Page 5 of 5 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the requested variance. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Aerial Photos Exhibit F. Submitted Hardcover Calculations Exhibit G. Neighbor Comments Exhibit H. Property Owners List Exhibit I. Plat Map Exhibit A Land Use Application Summary Application Date: 10/21/2020 Address: 3145 North Shore Dr Orono, MN 55391 Parcel Number: Land Use Number: LA20-000070 Application Submitted By: Agent on behalf of property owner Owner: Name: Address: Applicant: Name: Joe Franson Company: Boyer Building Corporation Address: 3435 Cty Rd 101 Minnetonka, MN 55345 joe.franson@boyerbuilding.com Contact Information: Associated Contact: Brian O'Connell Brian.00onnell@keysurgical.com Associated Contact: James McNeal jim@jmad.design Associated Contact: Lynne Rasmussen lynneras77@gmail.com Associated Contact: John Boyer Project Description: Addition/remodeling to existing home 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: 9 Narrative Explanation of Variance Request Brian O'Connell and Lynne Rasmussen are the new owners of the property at 3145 North Shore Dr, Orono.They love the property, but it doesn't serve their family's needs as well as it should. To solve this problem they want to make some modest improvements including a small addition to the home where a deck is currently located. For most other properties on the lake this would be no problem as these improvements do not interfere with lakeshore, or boundary setbacks, are within hardcover limits, and will have little to no impact on the neighbors or the community. The only reason these plans even need to request a variance is because of an odd "siteline" setback issue caused by a unique situation with the property to the north and a literal interpretation of the city ordinances. Specifically, the average setback requirement which is intended to prevent any one property owner from building much closer to the lake than others which could negatively impact the other property owners' ability to enjoy the use of their own property as well as their enjoyment of the lake. For most properties along the lake this results in a reasonable setback that still leaves options for them to modify or add on to their homes as Brian and Lynne wish to do. In this specific case however, because of the adjacent property to the north, a literal interpretation of the average setback rule made the entire lot unbuildable in the first place and a variance was required to build a home on the lot at all back in 2008. At that time this body acknowledged the unique circumstances and approved the plans to construct the home that Lynne and Brian now enjoy. The property to the north is set back almost 260' from the natural lakeshore but has a man- made lagoon that connects to the lake. The property to the south has a more normal lot and is positioned roughly 97' away from the lake at its nearest point. The average of these two vastly different setback conditions creates an average setback line that crosses this property right through the house and makes it impossible to improve the home with an addition. Brian and Lynne respectfully request a variance to overcome this practical hardship so they can make the proposed improvements to their property. Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000070 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response:The proposed alterations to the owner's residence would convert a portion of the structure that is currently deck space into living space.This change is modest and reasonable, but due to a unique siteline setback issue with the property to the north,the zoning rules forbid it. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response:This improvement will fit within the existing footprint of the house in terms of all boundary,shoreline,and site-line setbacks and in terms of the hardcover. However,the strange position of the property to the north which is located "260'from the lake shore but X33' from the man-made lagoon that connects to Lake Minnetonka has produced an exaggerated site-line setback that almost no other properties along the lake have to deal with. A literal interpretation of the site-line setback ordinance would have made this property completely unbuildable in the first place as evidenced by the original survey for the home when originally built. 3.The variance,if granted,will not alter the essential character of the locality. Response:This improvement will have no detrimental effect on the essential character of the locality as you can see by the plans. It will be constructed to blend perfectly with the existing structure. 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 a factor here. 5. Practical difficulties include,but are not limited to,inadequate access to direct sunlight for solar energy systems.Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes,Section 1163.06,Subd. 2,when in harmony with this Chapter. Response: N/A 6.The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response:The unusual site-line setback caused by the property to the north is the source of this difficulty. 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response:The majority of other properties in the area enjoy much more reasonable setbacks and in some cases are flagrantly non- compliant. 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response:The property in question is a typical residential property and the improvements to this property are reasonable and perfectly within the rights of any property owner in this same community. 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:This variance request, if granted,will not adversely affect any of the neighbors.The only neighbor that may be slightly impacted by this change would be the neighbor to the north and they have provided their written permission and blessing to these plans. 12.The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response:This variance request is necessary to allow the owner to use their property in the same reasonable manner that all other residential property owners in the area enjoy. CERTIFICATE OF SURVEY ,., ;�°;H mortal Exhibit C -for-- LYNN RASSMUSSEN -of-- 3145 North Shore Drive, !) Orono,MN 55391 vii ,\ 1.1 e- \1 LEGEND ' \\ $ • DENOTES IRON MONUMENT FOUND AS LABELED , ,,,' '"'h°^°^/ NORTH • DENOTES FOUND IUDIC=AL LANDMARK j • DENOTES FOUND MAIL i . '�{' LAGOON e„x ▪ DENOTES CONDITIONING UNIT \ �w ❑ Dfxores CATCH BASIN • 1 A°' •°'-n \ • DENOTES CATCH Baru MANHOLE 1 0R1Ar ft/Cr lx eysnxnxar#om• { 0 DENOTES GREE PEDESTAL _J l \\ HARDCOVER ,n,xei0`s"°" / 1 i \- n —omy _ 4. DENOTES CLEAN OUT •” DENOTES CURB STOP `\ •Average O DENOTES ELECTRICAL BO% REnxEOr ' _ Lakeshore �AwaDDrB� / •+•+N DENOTES EXISTING SPOT ELEVATION n ,o' Setback Line - ••••• O DENOTES GAS METER t1' ` \ BR DENOTES GAS VALVE O DENOTES HYDRANT ! L8!1• .�_ 0 _ :, )' .••••• � _ "' 8E1 N. 'Nitta 1.33(1) • IP DENOTES ucHT POLE ; ,. 1.33.1113) .•-- s , 61 DENOTES MISCELLANEOUS MANHOLE I DENOTES POST INDICATOR VAVLE :,^ /q P'w ®. / Id DENOTES POWER VOLE / ., m DENOTES SANITARY SEWER MANHOLE .••r 'y, R' / 19 DENOTES STORM SEWER MANHOLE '� -It LY ___.1 -:5. ...: k \��•/-•u / OD DENOTES WATER VALVE d tywROE — DENOTES RETAINING WALL xE I ---' DENOTES EXISTING CONTOURS / s 7 �r21r ••-� FNY lox /�!/Y\ DENOTES TREE UNE y \ —, ...._ % w�aca 1 —OM— DENOTES ORDINARY HIGH WATER LINE(939.4 ELEVI • A --' / • 3 •" C�� •• w DENOTES 75 FOOT OFFSET ORDINARY HIGH WATER LINE ? ^^ n- ••• ••rJY lr ) h}'---' (M) MEASURED BEARING OR DISTANCE "• / .Y!J. �.I 4 1 (PER RLS N0.1113) BEARING OR DISTANCE PER REGISTERED SAN,SURVEY NO.1113 R " -Teti' .q„ ••n ` N T DENOTES BITUMINOUS SURFACE > a •"•,� ' + ! /a "w ...,,. f•/ .•"•. t �/� '� -- ONCRETE SURFACE d'f •� ; ( ro , •••' • /••, / A% :n r 7 PAVER SURFACE t ___.94•' •sxe.p la.• /41 �N*E r. .... .. /'`. ..n, ....� LTREE DETAIL • 1n. � ,w _„ /i ,rX,` �T< DENOTES ELEVATION ! W •^i� Y T ,,I wm Y ••e., F *b '' m.n /7: DENOTES TREE gUAN,-, m— , = ENOTES TREE SIZE IN INCHES / •9 y\ ", Y ® /y } ---'- KE DENOTES TREE TYPE ~ MINN aA v N ® oa ::: E •••,^• ..n. BASED ON • /• I xsl ss� NKA �. �Y•n,-Y r v1-.,_ � THE MINNESOTA LD.N.R./O A' - _r`l .-y �(�%;a)4:r,rI�S�DQ IYp 1�.QeQ,„ ,, � HIGHEST RECORDED WATER ELEV.=931.11 NGVD 29 RlloP T y .neanm '' ,,, „ /'' ORDINARY HIGH WATER ELEV.=929.4 NGVD 29 ':- rvJPM'S1'IF 19D 70(1) CJI.air 11p1018/M.301;p ~LJj 'M)t y xa9•JJ'3 too(PER to 111J) •:••' ,3,55 Plat` '3* ��(P RI8 1J ).. /'c, LAND DESCRIPTION //i /// ,may , ;; ,ran B.Re lstererllane Survey No.1113. „ss r,op•swan / .xm% - ennePn�pnr Hx SI BENCHMARK Wee reel MNlawrvey.Ple // /+'~ I report was prepared by me or planer / ,g' r, IMPERVIOUS SURFACE CALCULATIONS LOT AREA................... 49,320 z.r. direct vision and that I ern NUN RBDIne�Lena Surveyor under / 1,1 PROPOSED ADOITIOWDECK.........................__.......393 s.f. / 3 RET WNLS...........................................................159 tf. BENCHMARK; tee la me sine .. d HOOT TROL POINT'BR n9a- e4 l;innne� / / MousEaw raRAre..........................._..__........a.3ss:.r. GSD STA.x33193 /(� BITUMINOUS(benefits Nis.01)..............................aRel s.f. EIEV-945.993(rvGw 39) / / vaVERsrylun0.5................................._................3]e s.f SAMUEL X.XIEMEIA / CONCRETE..........................................................53x s.r. TOTAL Date: 1zNDNzn LLrenreNa.a5356 NOTES / vERCEMIwvER�'asuaRAEE................................9:io.346 - nem survey was completed by E.G.Run and SOC.Inc.on 06/24/20. v / - ...ems shown are on the Hennepin county coonanate system(NAD 63-86 Adj.) N. dT; Parcel 1D Number:0911733330013, a E.G. RHO sE SONS, INC. - Ibis AddNlnnaleasements,re„Nnlan, �Floa RA.P,,,G,P and/dr encumbrances may exist other than Nose shown hereon.5 subject to revlLon Bu NS Professional Land Surveyors upon receipt of a a,ren[telemmmrtmT000$TattorneysMeoplmon. GRAPHIC SCALE .egrUG.DDT 990 5th Avenue SE,Suite 2 m a `0 =d SD °° Hutchinson,MN 5350 , , R�,ma a. 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' ' I ( F S , I /ma/ i - \ wr SAI tr . yv • 71 lV - 1 � 5 U V �..+ O `' . _.1 4,-.1tv ...rt-it-,,.Arilllp4 it, 4f): 7.71%11143, titriN.4. .. rkttlikt, la. 4 .lam{^1 :.4 1,,, c rr, t J err Y- '`fir u°+ ik- `t t' ilf , ,. xt r U+ : ti. a p y Y a 4.4 y+ ,4.':1'; ;Ii--?!..:"°-',',,'-. ill 4 .± ` epi • i t ' VI t• Q- } ' . . ,tri e� `. t4� !`:e A. •'-. r. r rya +-.•� i . a N, s',,.----'41 !-''''' .- P `.441 �, t µ `" �'..-.... ,... 7,-;....,,,i,, ..''.\ ‘ t: '. 'i � 4 ''t i _. • k .,.411 \, x . .aw4� ] fro < '� 1,, - •..S '�' Exhibit F City of Orono ��0N�, Hardcover Calculation Worksheet Property Address: �� P Y SjLiS /��)��1(., S�vv.� >r�v� 0r0�o r�N/1 JJ �fstio1-` Prepared by: Date: .Siln.A /0lG04-C1C4 1//(Z/20 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 Total Hardcover Item(Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A CvNLP-e`Te -3y S.F. B f%4lcgS/PILL/44� 30i/ S.F. C ,9/7 W,L. ovl 4,.3, S.F. D //VPie/CHhef • // 5_5' S.F. E J✓l j/C, G}/,,P-LL //r!? S.F. F P 1L / 5-TC-19S 7 S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. p S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Existing Hardcover //, 9(,3 S.F. Excludable Hardcover(See City Code Sec 78-1684): 1iil'jv'L=t %r-ff 5 ti4 /hEFn/NG / I< Zv 7- zyOf/5- S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover Z©,-f, ' S.F. (3) Net Existing Hardcover [Subtract line(2)from line(1)] 19 S.F. (4) Total Lot Area ,/7,, .32S.F. Proposed Hardcover Percentage [(3) (4)] 20 (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 � N Hardcover Calculation Worksheet / o\ Property Address: 3145 itior-1-k .Sites 1,,V7cY rPrepared by: Date: _�zwt �i`� +n � t//i2(Lv Stormwater Quality Overlay District Tier: (Circle one) (Til Ti ieTier 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 Total Hardcover Item (Describe) Length x Width Survey (Square Feet) (Example) (Garage) (24'x 30') (720 S.F.) A ed/.)64€-FT-E 53`/ S.F. f3 PrIVER5 :21S' S.F. c7//14 00 d&" 32_(,) S.F. D / iA; /r7M-(ot" S.F. S.F. E Kt'14/ //0 6 /t'A L t � S.F. F 0POS 2 , Pl?)O,iJ/ (x-G(� �yZ S.F. G S.F. H S.F. S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. ✓ S.F. W S.F. X S.F. Y S.F. Z S.F. (1) Total Proposed Hardcover 12 0441 S.F. Excludable Hardcover(See City Code Sec 78-1684): glia' /I-yi Nor i'JCi /177,1 77175 /07 S.F. S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover S.F. (3) Net Proposed Hardcover [Subtract line(2)from line(1)] 9 S.F. (4) Total Lot Area 9, S.F. Proposed Hardcover Percentage [(3)_(4)] 7462 3 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 Exhibit G Joe Franson From: Brian O'Connell <bpoc62@gmail.com> Sent: Wednesday, October 21, 2020 8:23 AM To: Joe Franson Subject: Fwd: Plans Joe, The email below is from our neighbors at 3135 North Shore Drive. Their home faces the side of the house where we are proposing to do the renovations. Please add this to our submission to the city and let me know if you have any questions. Regards, Brian O'Connell mobile: 952-221-3153 Forwarded message From: Melodee Marx<melodeemarx@me.com> Date:Tue,Oct 20,2020 at 8:58 PM Subject: Plans To:<bpoc62@gmail.com> We have viewed the drawings and we think the update they are proposing would have no impact on our view or enjoyment of the lake that we have had the last twelve years. Kelly and Mel Marx 952-250-8082 1 Exhibit H RUN DATE:10/21/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) Prl 38 08-117-23 41 0001 38 09-117-23 32 0012 38 09-117-23 33 0004 SCOTT FALKUM/NATALIA FALKUM JAMES A DAHL HOWARD R ALTON III 3200 NORTH SHORE DR 3190 NORTH SHORE DR 1480 BOHNS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 SCOTT FALKUM/NATALIA FALKUM JAMES A DAHL HOWARD R ALTON III 3200 NORTH SHORE DR 3190 NORTH SHORE DR 1480 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 41 0002 38 09-117-23 32 0013 38 09-117-23 33 0009 MARK A&KRISTIN M FINNEY THOMAS K CONNELLY M&C RUSSIN 3210 NORTH SHORE DR 3115 NORTH SHORE DR 3175 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 MARK FINNEY THOMAS K CONNELLY MICHAEL&CATHERINE RUSSIN KRIS FINNEY 3115 NORTH SHORE DR 3175 NORTH SHORE DR 3210 NORTH SHORE DR ORONO MN 55391 WAYZATA MN 55391 WAYZATA MN 55391 38 08-117-23 41 0003 38 09-117-23 32 0014 38 09-117-23 33 0013 ROBERT G&JANET L LABATT MICHAEL R SIME B P O'CONNELK/L M RASUSSEN 3202 NORTH SHORE DR 3095 NORTH SHORE DR 3145 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 ROBERT&JANET LABATT MICHAEL R SIME BRIAN P O'CONNELL 3202 NORTH SHORE DR 3095 NORTHSHORE DR LYNNE M RASMUSSEN WAYZATA MN 55391 WAYZATA MN 55391 3145 NORTH SHORE DR ORONO MN 55391 38 08-117-23 44 0006 38 09-117-23 32 0015 38 09-117-23 33 0015 GREGORY HUGH PERRILL PAUL A OLSON/MARTHANN OLSON H B COBURN&RANDI H MORITZ 3220 BOHNS POINT LA 3085 NORTH SHORE DR 1406 BOHNS POINT RD ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 GREGORY HUGH PERRILL PAUL ALLEN OLSON HUTCHINS B COBURN 3220 BOHNS POINT LA MARTHANN OLSON RANDI HOLLYN MORITZ WAYZATA MN 55391 3085 NORTH SHORE DR 1406 BOHNS POINT RD WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0006 38 09-117-23 32 0016 38 09-117-23 33 0016 D F MCGLYNN REV TRUST ET AL T H FRAHM&M K FRAHM TRUMAN 2016 SC6 TITLE TRUST 3090 NORTH SHORE DR 3105 NORTH SHORE DR 3185 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 ORONO MN 55391 DANIEL J MCGLYNN THOMAS H&MICHELE K FRAHM U S BANK N A 13841 WILLISTON WAY 3105 NORTH SHORE DR C/O FAY SERV LLC NAPLES FL 34119-0920 WAYZATA MN 55391 1601 LBJ FREEWAY#150 FARMERS BRANCH TX 75234 38 09-117-23 32 0007 38 09-117-23 32 0018 RICHARD A BORN&TRACEY BORN KELLY J MARX/MELODEE S MARX 3120 NORTH SHORE DR 3135 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 RICHARD A BORN&TRACEY BORN KELLY J&MELODEE S MARX 3120 NORTH SHORE DR 1 WEBSTER PL ORONO MN 55391 HOPKINS MN 55305 38 09-117-23 32 0008 38 09-117-23 32 0020 M S WALLACE&D D WALLACE REARDON PROPERTIES LLC 3160 NORTH SHORE DR 3070 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 MICHAEL S&DONNA D WALLACE REARDON PROPERTIES LLC 3160 NORTH SHORE DR 3080 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0009 38 09-117-23 33 0001 CASEY CAPITAL VI LLC J L&P MANDEL 3180 NORTH SHORE DR 3155 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 CASEY CAPITAL VI LLC J L MANDEL&P MANDEL 1161 WAYZATA BLVD E#302 3155 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 38 09-117-23 32 0010 38 09-117-2333 0002 MICHAEL&NATALIE J N JONES WAGENER PROPERTIES LLC 3186 NORTH SHORE DR 3165 NORTH SHORE DR ORONO MN 55391 ORONO MN 55391 MICHAEL&NATELE J N JONES WAGENER PROPERTIES LLC 3186 NORTH SHORE DR 2605 W WAYZATA BLVD WAYZATA MN 55391 LONG LAKE MN 55356 38 09-117-23 32 0011 38 09-117-23 33 0003 M RUCINSKI&H RUCINSKI MAURICE J WEGENER TRUSTEE 3188 NORTH SHORE DR 1420 BOHNS POINT RD ORONO MN 55391 ORONO MN 55391 MICHAEL RUCINSKI MAURICE J WAGENER HOLLY RUCINSKI 1420 BOHNS POINT RD 3188 NORTH SHORE DR WAYZATA MN 55391 WAYZATA MN 55391 Exhibit I Hennepin County Locate & Notify Map Date: 10/21/2020 C �sOt 1140p • ...,4410‘ gdhns„ioint 't'. „it)• •a a CD t4 �. Buffer Size: 500 0 100 200 400 Feet Map Comments: I ) ) 1 I 1 1 1 I 3145 North Shore Dr This data O e furnished 'AS IS with no representation as to completeness or accuracy; (i)is furnished with no warranty of any knd, and (ii) is notsuitable for legal, engheering 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/gis.info@hennepin.us Date Application Received: 10/21/2020 Date Application Considered as Complete:11/12/2020 jiLOA jO 60-Day Review Period Expires: 01/11/2021 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator 4'Es HOV-‘" From: Laura Oakden Planner Date: November 16, 2020 Subject: LA20-000071,Jacob Stickney, 15 Stubbs Bay Road, PID 3211823340006,Variances, Public Hearing Application Summary: The applicant is requesting lot area, lot width,and side yard setbacks. Staff Recommendation: Planning Department Staff recommends approval. Background The applicant is planning to construct a new home on the property. Currently,the property is vacant. The applicant is proposing to place the new home at a similar front setback as neighboring properties.The applicant is proposing a rambler style home with a walk out basement.The property is nonconforming with respect to area with 1.22 acres and in width at 123.77',where the RR-1A district requires 5 acres in area and 300' in width. Practical Difficulties Analysis Applicant Submittal Information:The applicant has identified the existing lot area and width as practical difficulties supporting the requested variances.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 are inherent practical difficulties with the substandard lot size and width supporting variances for a new home. I j E,"' I t �� L./0, Red line '1, � t `� indicated the 1' `1' }.E- < , �.� DctIVEWAY, required - setbacks for 1, �, PROPOSED �z..�+ CROP eo a: \"1°°_ .--. .. "� 'R...` the district. SEPTICS AREA 1' 1 " ' • HOUSE Z,. . '0 I \ 1 , Aookcss \\, a , % I 4 10.0 462.89. LA20-000071 November 16,2020 Page 2 of 5 LOT ANALYSIS WORKSHEET Section 78-395-Setbacks: DISTRICT RR-1A Required Proposed Met/Not Met Front 100'/**45' per northern neighbor 50.3' Met Rear 100' Roughly 360' Met Side(North) 50' 15.5' Not Met Side(South) 50' 18.2' Not Met **Front yard setback. For lots that are non-conforming with respect to area the minimum front yard setback for the principal building, and accessory buildings less than 1,000 square feet,shall be equal to the average depth of the existing front yards on the adjacent lots on each side of the non- conforming lot fronting on the same street. However,the depth of such front yard shall not be less than ten feet. Section 78-78-395-Lot Area/Width: DISTRICT RR-1A Lot Area Lot Width Required 217,800 s.f. (5 acres) 300' Actual 53,206sf. (1.2 acre) 123.77' Section 78-1403-Structural Building Coverage: Total Lot Area Total Structural Coverage 53,206 s.f. (1.2 acre) Allowed: 10,628 s.f. (20%) Proposed: 3,627 s.f. (6.82%) Applicable Regulations: Side Yard Setback(78-395) The required side yard setback is 50'. The applicant is proposing a 15.5'setback to the north and 18.2'setback to the south. The lot is 123.77'feet wide and applying the 50' setbacks on either side would allow for a 23.77'wide building envelope for a new home. The abutting neighbor with a similar lot size maintains approximately a 16'side yard setback, similar to the applicant's request. Lot Area and Width: Lots of Record outside the Shoreland Overlay District (78-72) B. (3) In R or RR districts not served by public sanitary sewer. A lot of record in any R or RR district in the city not served by public sanitary sewer must meet the area and width requirements of this chapter and shall not be utilized for single-family detached dwelling purposes without council approval. Administrative approval may be granted for a lot of record not meeting the lot area and width requirements if the planning director finds that the following conditions are met: a) The lot area and lot width each meet at least 50 percent of the district standard. Not Met b) Suitable primary and alternate septic sites are identified on the property and are protected from future development by execution of a covenant. Not Met c) All other zoning ordinance requirements must be met, including but not limited to the following: 1. Setbacks. Not Met 2. Hardcover. N/A 3. Lot coverage by structures. Met 4. Accessory structure requirements. N/A LA20-000071 November 16,2020 Page 3 of 5 Governing Regulation:Variance(Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance.The lot width and lot area variances are consistent with the general intent of the Ordinance. The side yard setback variance request is reasonable considering buildable area of the property. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for a new 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 applicant is proposing to use the property in a reasonable manner with the construction of a single family home. There is limited space to construct a conforming building on the site. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot area and width, and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered by construction of the residence. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is LA20-000071 November 16,2020 Page 4 of 5 located.This condition is not applicable,as a single family home is an allowed use in the RR-1A District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The size and width of the lot within the RR- 1A zoning district is unique, and supports approval of the requested lot width, lot area and setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The size of the lot is unique within the existing 5-acre zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant stated this is true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health,safety, comfort or morals and would be in keeping with the intent of the zoning code, 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The applicant has stated the narrow lot results in setback challenges for construction of a single family home. The property is unique in size for this zoning district. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. The applicant submitted a neighbor acknowledgement signature as part of the application. 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 Planning Staff recommends approval of the lot area, lot width and side yard setback variances. List of Exhibits Exhibit A. Application/Narrative Exhibit B. Practical Difficulties Documentation Form Exhibit C. Existing& Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Submitted Structural Calculations/Septic Report Exhibit F. Neighbor Acknowledgement LA20-000071 November 16,2020 Page 5 of 5 Exhibit G. Property Owners List and Map Letter View Land Use Application Summary Exhibit A Application Date: 10/21/2020 Address: 15 STUBBS BAY RD N Orono, MN 00000 Parcel Number: 3211823340006 Land Use Number: LA20-000071 Application Submitted By: Agent on behalf of property owner Owner: Name: JOHN F DUNN Address: 20 S BROWN RD P 0 BOX 77 LONG LAKE,MN 55356 Applicant: Name: Jacob Stickney Company: 310 Address: 301 Oak Grove Street Minneapolis, MN 55403 jmstickney@cbburnet.com Contact Information: Associated Contact: Sue Aschenbeck suejasch@yahoo.com Associated Contact: Barb Schmit bschmit@msn.com Associated Contact: Associated Contact: Project Description: Variances: Lot area, Lot width, Front and Side Setback Variance Land Use Application Type: Amendmend Application ❑ Appeal of Admin Decision ❑ Concept Application ❑ Conditional Use Permit Site Plan Application 0 Subdivision Application 0 Subdivision Exception 0 Vacation Application 0 Variance Application 0 Applicant Signature: file:///ci.orono.mn.us/...LA20-000071%20(15%20Stubbs%20Bay%20Rd%20N)%20VAR/Land%2OUse%2OApplication%20Summary.htm[11/12/2020 12:30:47 PM] STICKNEY Variance Application for J.F. Dunn &M.A. Dunn Trust XXX Stubbs Bay Road PID #3211823340006 We are requesting a variance for front and side setbacks for the above sited property. Currently this property being in a 5 acre zoning district has 50'side setbacks and a 75' front setback. Being only 1.22 acres in size and 123.77 feet wide, these setbacks are the hardship which necessitates this action after all these years. We are requesting that side setbacks be 15' on each side and that front setback be 50' which is keeping with existing neighbors to the north of this property. Approval of these new setbacks will keep the front setback of the new home even a little behind homes and structures to the north. Thank you, George W. Stickney (Representing the Dunn Family Trust) COLDWELL COLDWELL BANKER BURNET 1201 EAST LAKE STREET I WAYZATA, MN 55391 GWSTICKNEY.COM MO B Ke'R© BURNET Letter View Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000071 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: Yes, we feel like 50 foot front setback and 15 foot side setbacks is reasonable with the neighboring property. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Correct 3. The variance, if granted, will not alter the essential character of the locality. Response: Yes. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: A home can't be built reasonably with the current setbacks for the property. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 1167.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: One family dwelling is shown in the house plan. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Nope. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Nope. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Yes. file:///ci.orono.mn.us/...071%20(15%20Stubbs%20Bay%20Rd%20N)%20VAR/Practical%20Difficulties%20Documentation%20Form.htm[l 1/12/2020 12:30:48 PM] Letter View 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. :sponse: Correct 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: Correct. file:///ci.orono.mn.us/...071%20(15%20Stubbs%20Bay%20Rd%20N)%2OVAR/Practical%20Difficulties%20Documentation%20Form.htm[11/12/2020 12:30:48 PM] Exhibit C N A A S 89°38'28" E CERTIFICATE OF SURVEY FOR :..: MARY DUNN TRUST \. IN THE SE 1/4 OF SW 1/4 OF SEC. 32-118-23 \ N ` HENNEPIN COUNTY, MINNESOTA / 1 \ \ \ \ \ \ \\ \\ 111\ j \.. H-N\ I 1 \ \IHOUSE I I pm \ l / ........1.......\. \S 89°38'28" E ` I I I \ \ 1 33 \ n I I I H9.9s} / \..... I 1\ ..SE /4 OF SST L1NE W 1/4 r \ I I 1 I / 1 \ \ \ 14. . OF SEC.32-118-23 1 � \ , r\ I oZ \ \ \ o __-c 1 I\ I I. D I \ \2a° \ \ ,i \ \ ., I ,,r'' 'M \ (\ \ \\ \ \'^\ \ �''\ 1 \ I , sejrENt;E x,S.o�\ S \ g \ N\ �Q N \ I \\\ \ `\ \\ \\ \\ \\\I\ \\1\E 1\ \\ \'''`,l ` 1\ \\ \'g DRRIVEWAY. 1 \ R19 O / \ I \ \ 'i '-e.,‘ \ \ \ \\ \\ \\ I \ \ 1 e I I \ ° PROPOSEDel; 2j� 4'\\R 1\\ Q' � 1 \ \ „ I \ \ PROP EO \\ \\ \ \ �•- \ \...100. �....... \\ ! '41pW \'�"' // N II i \ 100 V�Ah' s I \SEPTI AREA \\ \\ \ -'�..: HOUSE \. V.. 1 \ 1 `..t \ \ I t \ \ \\ \ \ \ \ 1• \ADDUNAVS\ an' \ W / N / '\ a \ 1 \ Q \\ \ i @ \ `\ ,aFP y\ 'q 1\ "' /" r \ m\ \ \ \ j\ \ N \i\ I 1-46z.89-t...-----C \... .,T.r t \ '\. ....} \ 1n ��� /' / 11 ��\ rrxcr \ En / \\ N \ °moi` \� ° \ t,o\ :. / / _....::... 1 / .4 f i•l`1•.j `tcr. a@ s° e� �R- gm \ 13 ____C______(__ / -- 1....! N_89°38' 28" W ._; , . :\- \429.94 --------------N. ---------------- -- -- --- S 89°38'28" E -------- LEGAL DESCRIPTION OF PREMISES : (per Doc. No. 7624646) 'sSWWm1//4 OF OF 32-11SE 1/4 8-23 `SE COR OF SE 1/4 OF SW 1/4 OF SEC.32-118-23 That part of the SE 1/4 of the SW 1/4 of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian described as follows: The South 264 feet of the East 462.89 feet of said SE 1/4 OF SW 1/4, EXCEPT the North 123.75 feet thereof; and EXCEPT that portion thereof lying South of the following described line: commencing at a point one rod North of the Southeast corner of said SE 1/4 of SW 1/4, thence West 462.78 feet; and EXCEPT road. PROPOSED ELEVATIONS : (verify) o : denotes iron marker set 1) Garage =11001.51 • : denotes iron marker found 2) Top of foundation =11001.81 --917--: denotes existing contour line, per County maps 3) Basement =[992.81 1910.81: denotes proposed spot elevation i -4930 : denotes proposed contour line T Bearings shown are based upon the Hennepin County coordinate datum. '\' NOTE: The last part of the description says to go West. It is assumed that West means parallel with the South line of said SE 1/4 of the SW 1/4. NOTE: Parcel area = 1.22 Ac. This survey intends to show the boundaries of the above described property, existing topography, per County maps and the proposed location of a proposed house, driveway and grades thereon. It does not purport to show any other improvements or encroachments. GATE scl DE3CRWTION A PROPOSED 1 NO G R 0 N B E R G & ASSOCIATES, INC. 1 hereby er6/y that thio pan,specificaton,or report 10-26-20 mroogo OEM WIT.SEPTIC Mews NO snomes • as prepared a me,LI under y direct Surveyor under 1^�30' and that am a dal Licensed Land Surveyor untler CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS the laws of the s 0 of Minnesota. DATE 12-13-19 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 e.-er!�— j_ JOB NO. 952-473-4141 20-331 Mark S.Gronberg Minnesota License Number 12755 20-331 N wA A s 89°38'28" E CERTIFICATE OF SURVEY FOR MARY DUNN TRUST IN THE SE 1/4 OF SW 1/4 OF SEC. 32-118-23 N `: `' HENNEPIN COUNTY, MINNESOTA / /"\ \ � \ I 1 \ \ \ \ \\\ II 1 \ - LG I \ \ \ 1 \ \\ \ \ 1 1 1 A 1 vv 1 A A \ V A v V 1Ex \ ST: EM 1 MY o�or c 1 /2 \ EWA 1 i 1 \ I 1 1 1 1 1 I DEM \ I \-$ 89°38' 28" E I j f 4x9.9 % >a J n \ \ \ 1\ -..SE 1/4 OF SW 1/4 1 \ \ \ ....�................. 1 EAST Led OF -.1..• \ \ V �. \ 11 I I / I I 1 \ \ \ \ \ OF SEC.32-118-23 U\\ \ I _-r\ I I I. i I 1 I 1 r \ co,\ N ��'r \ I �\ `r:Pri R i q ��� y\ 1 \ 1 .. \ ,1 \zaa \ \ y \� Ir. N \\ \\ \\ `\ \\ `\N\ \ \--'\ I \ I I st as �\ 9 \ g \ 6 N\ (� \ VA \1 V 1� c"i' tI \oR VEOSgv\ \ \ \\ \1 \ \ \h 2'° \ T 1 �`'/ Q / I 1 \\ \ °� — — \ �—_�— 1� \, s\aa PROPOSED2aa ?f� \\ (� I \ 0.36-007 v+v" —__ \ PROP ED \ \\ \ \ r \ \-1001 °4n L,J 1 \'�+ N 7 ,) \ IREA \\ \\ \ 'HOUSE \:\ 1 \ \ \ \\\ % \ I \ \ c \\ \ \ \ - \ $ \ N a / \ T .'.:. :.\t. 14 \/i ' / / / 46289"1. ' \..:. \... .,.f !.. t 1 ,.'4 E- / % i/ // / / I \\ \ �/\ \\ \\ �nc�r�w!!s \\ \ \\II) ...`._- . - N 89°38' 28" W .....r;;_'.:-';;T - -,; r T..ALL S ham __ __89°38'28""-E � _-_____-__-__ ___ ;SOUTH LW OF SE 1/4 OF -_ LEGAL DESCRIPTION OF PREMISES : (per Doc. No. 7624646) SW 1/4 OF SEC.32-118-23 'SE COR OF SE 1/4 OF SW 1/4 OF SEC.32-118-23 That part of the SE 1/4 of the SW 1/4 of Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian described as follows: The South 264 feet of the East 462.89 feet of said SE 1/4 OF SW 1/4, EXCEPT the North 123.75 feet thereof; and EXCEPT that portion thereof lying South of the following described line: commencing at a point one rod North of the Southeast corner of said SE 1/4 of SW 1/4, thence West 462.78 feet; and EXCEPT road. PROPOSED ELEVATIONS : (verify) o : denotes iron marker set 1) Garage =110o1.5J • : denotes iron marker found 2) Top of foundation =11001.81 --917--: denotes existing contour line, per County maps 3) Basement =1992.81 1910.81: denotes proposed spot elevation —I9301---: denotes proposed contour line CO -- Bearings shown are based upon the Hennepin County coordinate datum. NOTE: The last part of the description says to go West. It is assumed that West means parallel with the South line of said SE 1/4 of the SW 1/4. NOTE: Parcel area = 1.22 Ac. This survey intends to show the boundaries of the above described property, existing topography, per County maps and the proposed location of a proposed house, driveway and grades thereon. It does not purport to show any other improvements or encroachments. OA Rv�nsu DESORPTION - m rna°os[o Nouse ANO GIMES SOWN I hereby certify that this plan,specification,or report scALE >�m G R 0 N B E R G & ASS0 C I A T E S INC. prepared by me,ar ander my direct supervision, 1"..30' 7 and that am a Oat Licensed Land Surveyor under CONSULTING ENGINEERS, LAND SURVEYORS, & SITE PLANNERS. LANNERS the laws of the Stat Df Minnesota. DATE 12-13-19 445 NORTH WILLOW DRIVE, LONG LAKE, MN. 55356 ��rl� oe ND. 952-473-4141 20-331 Mork S.Gronbbrg Minnesota License Number 12755 20-331 Exhibit D re itr AVA STUDIO ,,27.33m .E.WDeDURT,AMN ,,. NETONKA MN e , , .�•a+vv ax e.... 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ARE TO HAVE A NNW,. .017 NATICNAL ELECTRICAL CODE AVA STUD.LLC.IS NOT RESPONSELE CODEA101 Cover Page 228 SF Foundation/Basement Level Mach Room -WALL FRAMING SHALL GRADE eUaL GAS CODE OF AN ERROR A102 Ebvaeors 62 SF Foundation/Basement Level Stairs OR BETTER UNLESS NOTED OTHERWISE CONDITIONED 4020 MINNESOTA STATE RIF CCOE ave MRNESO,A PLUMBING CODE ^u�K^^^'THESE PLANS.105.0.1 SPACE OR CANTILEVERED ETO HAVE 0103 Foundation)Basement 221 SF Foundation/Basement Level Storage ALL_ eolelLeer Tu L°. MINIMUM RATING OF R.'n 010e Main Level 2320 SF !Awn Level Main Level IT -EXTERIOR SHEATHING ORIENTED STRAND 6ALLIEEID6eu DOINGS ETowva»uwsee evvwM 0297pj farms; 0105 Upper Level 138 SF Mein Level Front Poreh fi�Pi NDATPN WALL STRUCTURAL A108 Root Plan NO SF Main Level Garage CO0000DAND AND BY THE DESIGNATED -ALL nYTHToaeaxsrrt uSARE TOO uvlirWALLGYPSUM BOARD CONSTRUCTION MUST ALL ACTORN FOUNDATION SYSTEM LS TOM ON sneWHEN 0107 Section 230 SF Main Level Deck to EUEOF eo Ven THIS AT MINNUM Aloe Detail Paget 654 SF Upper Level Upper Level -PRESSURE TREATED WOOD IS TOSE USED ALL EXTERIOR WALLS OF GARAGE AND HOUSE AT A109 DetaI Page 2 WHERE WODO IS tri CONTACT Willi CONCRETE ARE wrn.s SETBACK TO HAVE ST TYPE X' -ALL MANUFACNRED FLOORS d ROOF TRUSSES AND AT 2X6 MUD SILL. 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F .. s , \ \\ \ 72-2 Stubbs Bay Rd S / a / ISR as Orono f ' / a.A / / / / / i / Foundation/ Basement WREN nun. ii- CNN10/14/2020 0 Foundation mm/Basement Leval cM mik Alexander Bochaov t/d'=t'o B A103 Sub V.--1'-0. 5 / n0/-r / e o / / / a �1Z-Ce / �r.o in r ii r .-r �ia.r IS Ir �r.1 o // / / B 'R \\ / an\1 . • , AVA STUDIO a>n+.oaecalnT UNE.M.n,EaaM.MM SSW \ 1oMaMEe�Tsane,.a EMAILAUSTOeA,®oM.LCOM r A ft Mir MIM.---• AVASTUDIO.HOUZZdJM 01 pl III! e1a� " OFFICIAL PRIORI-OG..4.11CW ! $ 'ill • eMIESPNONINE.EP .. ormEaae. 66rz To 0 rla / n_ 1 = a , ; A IIMil ii I I M r -,I I 0 I b > In S6. \ 0 ` 72-2 Stubbs Bay Rd S I a r , Orono / a 9. / 33..4'9. /a.r// / / / />.0) /-0, Main Level el / s r / / 1o- / / is. / y ma* 72 0/10/2020 O M11!-01 level emnq Alexander Bocharnikov `a A104 N sc. 1/4•.1'W ----------------- ;mu mi- _._-_ AVA STUDIO _ wEweomcwP�. 4�PETo,P,wHm.� -- _ [MAIL AVASTrooee,IS.AllC. irOi BP y1 111 AVASTUDIO.HDUZLCOM - ALL taus ARE toe[P[vlEwEo RR THF OEVFPA. CONTRAST.Aso THE L4LANCIPAL BUILDING OFFICIAL PRIOR TO CONSTRUCT. AVA STUDIO LSO IS NOT RESPONSASRE F.ANY PR.LEIA AS A RESULT OF AN ERFICO MISSION CAI RIESE PLANS. ORear Ebvetion 3D 1P.I'-0" r i / I L b rvii \\ b N m b b � J e e / e P 72-2 Stubbs Bay Rd S Orono \\ Upper Level I.� tiPmect 3 NL- �« >p T a azozo o p Alexander Botochw!kov OUPPer`" LavN f� s ,a Y / " _'-0" "e n A105 Scab As indicated AthilrAi , L— AVA STUDIO _ _�7 P _ — —_ i _ MHPEONKAee�.3 i PHONE 612 532 BIN EMAIL AeASneeAB1061.d.Ca,. _' - -- - -- AVASTUDIO.HOUII.CAM `� b e . �_ ALL PUNS mumsPu - ce 4 OFFICIAL PAM TO CONSTRUCTION. P.STUDIO LLC.IS NOT RESPONSIBLE . f b C - - - Or AN EPP. __ - - - - - — �_ ...WNW TIE.MANS. c fir' - - - -r - c---- - - - _- a i _II ��I J 72-2 Stubbs Bay Rd S Orono O v0/i Pia-0_ Roof Plan P.,.,.e. 72 0. 10/14/2020 Danby Alexander Bocharnikov d A106 Sul. 1/6"-1-0 - Exhibit E Laura Oakden From: markg@gronbergassoc.com Sent: Thursday, November 12, 2020 11:23 AM To: 'George W'; Laura Oakden Cc: jmstickney@cbburnet.com Subject: Mary Dunn structural coverage George:The structural coverage for the Mary Dunn Trust is as follows: Proposed house = 3205 SF Proposed covered stoop= 132 SF Proposed deck =290 SF TOTAL =3627 SF=6.82% Lot Area =53,206 SF 1 Joseph Olson. D.B.A. Rusty.Olson's--Soil and Percolation Testing Joseph.J. Olson--MPGA License#810 11481 Riverview Rd.NE,Hanover, MN 55341 (763) 498-8779 fax(763) 498-8290 May 10,2020 Mary Dunn Trust PID#3211823340006 Orono,Hennepin County This cm-site Sewage Treatment System is partially designed for a Type I,five-bedroom home in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. This lot was platted before April 1, 1996.There is only one type I septic site on this lot. Once the house size,location and basement slab elevation are chosen this design can be completed. The periodically saturated soils were located at 12 Inches(mottled soil).Due to the periodically:saturated soils,a pressurized mound system will need to be installed to treat the septic effluent.The bottom of the treatment area must be located at least 3'above the saturated soils. All tanks need to be insulated if there is less than two feet of.cover over the top of the tanks.Clean outs must be installed on the end of the laterals for maintenance. A pumping chamber will need to be installed to lift the effluent to the treatment area.The power supply and switches must be located outside the manhole and pumping chamber in a weatherproof enclosure.A warning device must be installed with a light and sound device;this is in case of a pump failure. Use 7/32-inch perforations on the laterals. Keep all heavy equipment off of the proposed treatment areas before and after construction.The treatment area must be fenced off before construction begins.This Design is not valid&the System will need to be relocated'If failure to protect the areas proposed for the On-Site Sewage Treatment systems occurs. With proper installation and maintenance,this system should have no problem in treating septic effluent effectively.Nothing other than gray water,(laundry,showers,etc)Human water and toilet tissue should be disposed,of into the septic tanks.Garbage disposals are not recommended.Iron filters:cannot go into the. system.Additives must not be used they may cause harmful damage to your septic system.It is recommended that you pump the septic tanks every two years. Since? Joseph J. Olson 1012-"-43.- ., 'N QVOH AVE S13811ZS /.-2- ---" /cam 1) ,- / 1 f / ss�-•A oma_ j .___--r--— I / / /" _— '/' / // i` i / / .i --'— // / / / 7�/ ' 051,,,,,,.::: / / .---'—....1------1:::::i // / I %La, g____:--------...„..... - Dc --' --- ,/ /�'///// . �' / J n / � � _7 I 7......__ - _ - - 1 / �`-a I-r .,---- // --/ / • ai _.-- / /- QT! /----�- --- - '1-- -/ /// -/-N I �� /,/ .. _ ---r / /-- �. / // 1 — '� —�— (( — / // �I — f Y �r. • ,_--- <----ts.,--i--t4tcr- 1 . ---- ......", • T .--- / rL:..,w --1 i . -' I Bo oi J1I fD / I �, / 1 // ✓1 c� // 1 ijj oN0 / i I ,- 1 // N 00 / -- 001 O1 // O . ca /r // 0001 / 1 // I '� I// z /// / , 1 / / 1 , `/ S `-r /i / t //- - 1 /f // /I �''. _ .i•• ' ,_— -- N� 1 1 I I x.°99 I _-----` _-LL'2Z l M , 1. ,ZCo00 N- ----- iit r" A 5 ee`38 E CERTIFICATE OF SURVEY FOR 1 . ` MARY DUN TRUST i I. IN THE SE 1/4 OF SW 1/4 OF SEC. 32-118-23 \ t7 N HENNEPIN COUNTY, MINNESOTA / 4 \ r I 1\ I. I I I I ! F 1 \ u 1 1 \ \s. \�\\\\\�'' i1\ 1 1 1 t 1 ' € \ goes'"° I , •\ \I 1 \ \,N. \t\ naslw' \\ 1 1 I - 1 1 i ! 1 \1 eaulo ` I \\ . \ t 1 f \ 1 I \ tea.,, t 1 \ Y I t � \ 1 I ! \ \ { V.. 1 t I f / I I � \ 1\ / 11 'r 2 \� 89°38',28" ,E \\ I I 1 I 1 4•19:9/i j 1 1 :t \. !oJ • rest LIE a I J ',,,...""--.1, �A .1 ` �.• . \\ 1 t 1 i 1 1.. ! i 1 1 I \\ \' - i q\ ,...-.--aU.'1,2.1;81..1 s 1 h \ .N, \\ \ \ • t 1 t'. 1 1 11 t 1 t { t \ f , Z \ t" . �\ • f 1 . \ 1' \ \ \ \ t 1 1 1 1 1 1 t I I \ 1. I 1 the i 1 i ' `. \I, \�, \ \ \ t 1 'i t 1 I \ 1 1 1 t I 1 1 cY I 1A \\ 1 I:. \\ \ \ 1 1 1 1. �t 1 1. \ AI \ I 1 \, .\ A .e 1 \\ \ I \ 1 I I 1 1 '1 1 \ 1 \. 1 \ \ ! .<-4-_.1 ,-.:. _._.__.-...__.._ x.......462.89 ..1...--A--t-..: - ..,.....4..._4,_:..E..:.:�._-t'--_}.....-.1.._._. -.�._,..._... ., 0 / i 1 \ 11{ _.•-_ _ __ .. _ - t 1 t '\ 1 \ \ \ \ 1 \ .\ 1 1 \ ♦ R',. / N 1 1 1!. i \\\ j 11 , •• 311 R \ $\ .•\ �\ \Ns \ " i 1Q // CV / 1 • 1 \ I \ 11 I 1\ \1 1\ 1\' 1\ \\ 1\ \\ \\ \\ \\ \ .\. M\ Ii m s. o,/ .' /'�" 1\ 1 \ \'1 j 1 .1 I\ .\ \; 1\ 1, \ \ \ \ \ \ \ 1 \ IP I Poi /' ! / ..1i \ 1 I \ 1 \\ 1 . . 1, \ `\ I\ \\ \\ \\ \\ \\ A\fI 1 .f/]. / / r (LI \ N 89°38_28"`W \ r f' \ \. . \ ,; \ \ \ .\ Iag >u L---�- -_-1_ \ -- L.XGL.P I \429.94 • ----- i4- S 8938'26".E � ---t---1---*---------------- -.__ LEGAL'DESI RPTIOtf OF PREIISES : (per Doe. No. 7624646 scan 9x or id oe1 ) so 1/4 Cr SEG 32-1I0-72 coo CP SC 1/4 OF WI 1/4 a That port of the SE 1/4 of the.SW 1/4 of Section 32, ToWnshlp 118 North,Range 23.West of the 5th'Principal Meridian described as follows: 32-118-23 The South 264 feet of the East 462.89 feet of sold SE 1/4 OF SW 1/4. EXCEPT the North 12375 feet thereof; and EXCEPT that portion thereof lying South of the following described line: commencing at a point one rod North of the Southeast corner of said SE 1/4 of SW 1/4,thence West 462.78 feet; and 4) EXCEPT road. a : denotes iron marker set •: denotes iron marker found ---917- denotes existing contour line,per County maps ' Bearings shown are based upon the Hennepin County coordinate datum. NOTE: The last port of the description cloys•to go West. It is assumed that West means parallel with the South line of sold SE 1/4 of the SW 1/4. NOTE* Parcel area_ 1.221 Ac. This survey intends to show the boundaries of the above described property, and existing topography, per County:maps thereon. It does not purport to show any other trrprovements or encroachments. N.q`- ... .. - :I 11or46Y t11ot IfiN;plor'epeat6mtleR ar srxe -�— G'RON$EPG & ASSOCIATES, INC, ° e ` ��-�' _ CONSULTING ENGINEERS,LAND SURVEYORS,&.SITE PLANNERS ;6 a p"'ar the WE — _ .. . 445 NORTH WILLOW DRIVE,LONG LAKE,-MIN.55356 ..../ — 952-473-4141 _ MI so. a York S.Rartory lOnnmota�.1275519-365 _ 1e-3e3 2011 purple code Mound Design www.SepticResource.com (vers 19,2) Property Owner: Mary Dunn Trust Date: 5/10/2020 Site Address: N/A PID: 3211823340006 Comments: instructions: =enter data =adjust if desired = computer calculated - DO NOT CHANGE! 1) 5 bedroom Type I Residential System 2) 750 GPD design flow 3) Yes Garbage disposal or pumped to septic 50%larger tank with multiple comp/tanks 4) 2250 Gal Septic tank (code minimum) 2250 Gat Septic tank(design size / LUG req'd) Tank options: none 5) 1.2 GPD/ft2 mound sand loading rate contour loading rate of 12 req's a min 62.5 ft. long rockbed 6) 10.0 ft rockbed width 62.5 ft rockbed length 7) 3.0 ft lateral spacing 3.0 ft perforation spacing (maximum of 3 for both) end feed manifold connection 8) 3 laterals 60.5 feet long 21.0 perfs / lateral 63 perfs total (1/2 a perf means the first perf starts at the middle feed manifold) 7/32 inch perfs at 1 feet residual head gives 0.56 gpm flow rate per perforation for this perf size Et spacing, Et pipe size on line 12, max perfs/lateral= 30 , line#8 must be less--> OK 10) 4.0 doses per day (4 minimum) 11) 188 gallons per dose (treatment volume) 12) 2.00 inch diameter laterals must be used to meet"4x pipe volume"requirement 13) feet of 2.0 inch supply line leads to #####gallons of drainback volume (Tip: "top feed" manifold to control the drainback) 14) ######gallons TOTAL pump out volume (treatment+drainback) is) feet vertical lift from pump to mound laterals, leads to a: 16) 36 GPM @ ##### feet of head, Pump requirement (note: >50gpm may require an extra 3-6'of head) 17) 750 gal Dose tank(code minimum) 1250 gat Dose tank(design size / LUG req'd) at 25.49 gpi leads to a: J Optional Time dosing of: 18) ######inch swing on Demand float, (this delivers Average flow, =70%of Peak design flow) ##### min ON 19) 12 inches from bottom of tank to"Pump OFF float ##### hrs OFF 20) ######inches from bottom of tank to"Pump ON"float 12 inches to"Timer ON"float 21) ######inches from bottom of tank to"Hi Level"float ##### inches to"Hi Level"float 22: ######gallons reserve capacity (after High Level Alarm is activated-demand dosed) 23) 0.60 gpd/ft2 Absorption area SOIL Loading Rate, which gives a mound ratio of 2 (minimum) (this must match the soil boring log) desired mound ratio 2.0 24) 15 percent site slope (0-20%range) 9 (%downslope site slope, if different than upslope) 25) 12 inches, or 1.0 ft.to Redox or other limiting condition (need at least 12"to be a Type I) Treatment zone contains 0 inches of 0%soil credit, and 0 inches of 50%soil credit. Giving a: 26) 24 inch,or 2:0 ft. Sand Lift Mound CRITICAL FOR FUTURE CERTIFICATIONS!!!. 27) 20.0 ft.Total ABSORPTION width (with sand beyond rockbed as follows:) 28) 0.0 ft.upslope and sideslope 10.0: ft. Downslope Individual slope ratios give BERM widths (topsoil beyond rockbed)of 29) 4:1 upslope ratio 10 ft. upslope berm 30) 3:1 sideslope 17 ft.sldeslope berms 31) 4:1 downslope 34 ft: downslope berm 32) Overall Dimensions: 10.0 ft. wide by 62.5 ft. tong Rock bed 54 ft.wide by 97 ft. long Mound footprint 4"inspection pipe 18"cover on top k Upsiope berm 10 } .t Downslope berm 34 ) iir 12"cover on sides ---ii (6"loamy cap&6"topsoil) 2.0 Glean sand lift 1.0 Depth to Limiting Limttng Condition —_ _ Absorption Width. ( 20.01 --- Note: For 0 to 1%slopes, Absorption Width is measured from the Bedequatly in both directions. For slopes >1%, Absorption Width is measured downhill from the upslope edge of the Bed 33) Rock Bed: 10.0 ft. by. 62.5 ft. by 6 inches under pipe, plus 20%gives 21 yd'or*1 ( 29 Iton 34) Mound Sand: (note:volume is based on 3:1/4:1 slope from top of rockbed, Exchange sand for loamy cap if desired) 36.6 up + x207.4 downslope + 22.5 ends+ 63.7 under rock= 396 yd'or*1.4= 555 ton plus 20% 35) Loamy Cap: 50 ft. by 93 ft. 6"deep, plus 20%gives' 103 yd'or*1:4= 144 ton 36) Topsoil: 54 ft.by 97 ft. 6"deep, plus 20%gives 116 yd'or*1:4= 162. ton I hereby certify that I have completed this work in accordance with alt applicable ordinances, rules and laws. RustyOlson's Soil&Perc 810 5/10/2020 Designer Signature Company License# Date Installer Summary 2250 gallon Septic tank (minimum) Tank options: none Dux)Larger Lank witn muuiple comps cams 1250 gallon Dose tank(minimum) at 25.49 gpi 36 GPM® ##### ft. of head, Pump required ###### inch swing on Demand float which translates to roughly #####inches of float tether length Optional Time dosing of: #####minutes ON ###### inches from bottom of tank to"pump ON"float, or #### hours OFF ######inches from bottom of tank to"Hi Level Alarm"or 12 inches to"timer ON"float ##### inches to"Hi level"float ft. of ' 2.0 inch supply line with end feed manifold connection (Tip: "top feed" manifold to control drainback) 24 inch, or 2.0 ft. Sand Lift Mound 10.0 ft. wide by 62.5 ft. long Rock bed 3 laterals 2.00 inch diameter 60.5 ft. long 3.0 ft. lateral spacing 7/32 inch perfs 3.0 ft. perforation spacing No Effluent filter&alarm 3 clean out&valve box assemblies 20.0 ft.Total sand ABSORPTION width (minimum) 0.0 ft. upslope and sideslope (sand beyond rockbed, minimum) 10.0 ft. Downslope (sand beyond rockbed, minimum) Specific slope ratios •ive BERM widths (topsoil beyond rockbed)of: 4:1 upslope ratio 10 ft. upslope berm 3:1 sideslope 17 ft. sideslope berms 4:1 downslope 34 ft. downslope berm 4"inspection pipe 18" cover on top {Upslope berm 10 y { Downslope berm 34 NM- I 12" cover on sides (6"loamy cap&6"topsoil) 2.0 Clears sand lift 1.0 Depth to Limiting_ Limiting Condition Absorption Width 20751 Note: For 0 to 1%slopes, Absorption Width is measured from the Bee/equally in both directions. For slopes>1%, Absorption Width is measured downhill from the upslope edge of the Bed Rock Bed: 21.0 yd3 or*1.4= 29 ton 6 inches under pipe Mound Sand: 396 yd3 or*1.4= 555 ton calculation based on 3:1/4:1 slope from top of rockbe Loamy Cap: 103 yd3 or*1.4= 144 ton 6"deep Topsoil: 116 yd3 or*1.4= 162 ton 6"deep INSPECTOR CHECKLIST - mound 'N/A I - I WELL setbacks: 20'- 50'to sewer line req's MDH pressure test form (5 psi for 15 min) 50'to everything 100'to drainfield with shallow well PROPERTY LINES setback: 10'to everything Road setback; platted: 10'prop line. Metes Et bounds: out of road easement,or outer ditch. LAKE/BLUFF setback: 20'for bluff. Lakes: GD_, RD , NE Protected wetland . Building setbacks: 10'for everything, 20'for dispersal area. WATER LINE under pressure 10'to bed,tank a sewer tine. (else sewer line> 12"below) Sewer line&tank connection (no hard 90's, long sweep 90 or 2-45's, slope minimum 1"in 8`= 1%) (no depth req's, clean out every 100', Sch 40 pipe) Septic tank and risers (water tight risers, baffles, insulated, proper depth,existing verified by pumping) mfg 2250 gallons none — Riser over outlet, riser over inlet or center, and 6"+inspection pipe over any remaining baffles. No effluent fitter& alarm Dose tank, risers and piping (water tight risers, insulated, proper depth, drainback) mfg_ 1250 gallons Optional Time dosing of: dose pump 36 gpm ######head VERIFY PUMP CURVE #####min ON ######hr OFF verify that installed "vertical lift from pump to laterals" is no more than design value of feet float setting drop ##### inches at 25.5 gpi "DESIGNED" #####inches approx float tether length ##### gal dose divided by gpi "INSTALLED"= inches float drop (field corrected LABEL pump requirements and drawdown on riser or panel Cam lock reachable from grade 30"max. J-hook weep hole. Supply tine access (no hard 90's) 2.0 inch supply pipe: Sch40, sloped 1/8"+, supported by 4"sch40 sleeve or compacted, and buried 6"+. s- plice box I control panel/ electrical connections — f- low measurement: CT, ETM, time dosed, home water meter mound absorption area rough up mound rock dimensions 10,0 X 62.5 Sand lift depth 24 inches. (Jar test : 2"sand leaves< 1/8"silt after 30 min) Absorption Sand beyond rock 0.0 upslope 10.0 downslope n Bermed topsoil beyond rockbed 10 upslope 17. sidestope 34 downslope cover depth of 12-18"+ VERIFY 3 laterals (1-2'from edge of rock) 2.00 inch pipe size (Sch40 pipe Et fittings) 3.0 ft lateral spacing 7/32 inch perforations 3.0 ft perforation spacing Air inlet at end of laterals, and at top feed manifold if necessary. VERIFY clean outs (no hard.90's) 4"inspection pipe to bottom of rock, anchored VERIFY Abandon existing system -if necessary Re-use existing tank certification monitoring plan and type well abandonment form -if necessary / i i , li 1 ,�auArAv+l4y�urjr�+}ti System Elevations t t ,--.., ... ... - , yti+.lt.„Tu...,,,+.,,tAr } benchmark 7 / _ __ SHWT / Mound 7 (Grade elevations are existing. If a / loamy cap different final grade is desired it should / lateral be shown and described here.) bottom rock grade (at upslope tock br SHWT (at upstope rock bE 1 1 1 / tU'M�ta-vANkt A tokiLlam., 1,441./-^:?)AisMS1 A..:2: A'',..tit..t INm--1.116,0414. 14! ski}+441IV4�rAlcAu2Ayalrun\k),MJ1:.......,... ) t1o.M 0 11 \ 11 1 / � C7 / r 1 Sewer pipe exiting house Septic Tank Septic Tank (irapplicable) Pump Tank Grade Grade Grade Grade Pipe inlet inlet inlet Tank bottomTank bottom Tank bottom r • Soil Observation Log www.SepticResource.com vers 12.4 Owner Information Property Owner/project: Maru Dunn Trust Date 5/10/2020 Property Address/PID: PID#3211823340006 Soil Survey Information 0 refer to attached soil survey Parent matPs: C]Till 0 Outwash 0 Lacustrine 0 Alluvium ❑Organic 0 Bedrock landscape position: 0 Summit 0 Shoulder 0 Side slope E J Toe slope soil survey map units: L132A slope 9-15 % direction-Linear Soil Log#1 p Boring 0 Pit Elevation 978 9 Depth to SHWT 12 inches Depth(in) Texture fragment% matrix color redox color consistence grade shape 0-24 Topsoil <35 10yr2/1 Friable Moderate Blocky 24-28 Topsoil <35 2.5y3/2 10y4/8,1-6/10y Friable Moderate Blocky 28-36 Clay Loam <35 2.5y4/3 10y4/8,1-6/10y Friable Strong Blocky <35 loose Ioose single grain friable weak granular blocky 35-50 firm moderate prismatic platy >50 rigidstrong masswe loose loose single gain <35 friable weak granular blocky 35-50 >SO firm moderate prismatic platy rigid strong massive omments: The elevations are assumed off of the topography map. PID#3211823340006 Soil Log#2 0 Boring 0 Pit Elevation 978.9 Depth to SHWT 12 inches Depth(in) Texture fragment% matrix color redox color consistence grade shape 0-20 Topsoil <35 10yr2/1 Friable Moderate Blocky 20-26 Topsoil <35 2.5y4/3 10y4/8,1-6/10y Friable Moderate Blocky 26-30 Clay Loam <35 2.5y4/3 10y4/8,1-6/l0y Friable Strong Blocky <35 loose loose single grain friable weak granular blocky 35-50 >50 firm moderate prismatic platy rigid strong massive loose loose single grain <35 friable weak granular blocky 35-SO firm moderate prismatic platy >50 rigid strong massive P1D#3211823340006 Soil Log#3 O Boring 0 Pit Elevation 976.1 Depth to SHWT 12 inches Depth(in) Texture fragment% matrix color redox color consistence grade shape 0-20 Topsoil <35 10yr2/1 Friable Moderate Blocky 20-26 Topsoil <35 2.5y4/3 10y4/8,1-6/10y Friable Moderate Blocky 26-30 Clay Loam <35 2.5y4/3 10y4/8,1-6/10y Friable Strong Blocky loose loose single grain <35 friable weak granular blocky 35-50 firmmoderate prismatic platy >50 rigid strong massive loose loose <35 single grain 35-50 friable weak granular blocky firm moderate prismatic platy >50 rigid strong massive I hereby certify this work was completed in accordance with MN 7080 and any local req's. zz� Rusty Olson's Soil&Perc 810 designer Signature Company License# Exhibit F ADJACENT PROPERTY OWNERS' ACKNOWLEDGEMENT FORM I (we)pE,V'V IS Dig/Gti 1402 UNI,2 of 25 Sr1g,B5 gAY SIJ, [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at X10 32.11%1-331{00b10 also referred to as Land Use Application No. 'tit) I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner ‘,/ Date ?,..X./0 0.4 Ail)42,ZZ.; / 6 ro,erty Owner )ate If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM (we) of [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. January 2020 Exhibit G Hennepin County Locate & Notify Map Date: 10/22/2020 i A t !I ' .,.. .. - ;� -:.'tom: L /7' F 1 L _ _ . , ,.___, .........,r \it\ f . .. .........0) 4 Cr n } Y. XI .8 n i'"'""--"'""'"' ' flS tine trr.,...., ..._r\ iS., 1 tc, Pr t; t r t " "Elleen‘st'-`i V Buffer Size: 500 0 100 200 400 Feet Map Comments: l i ) i l i i i l 3211823340006-38 address unassigned This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (i)is fumshed with no warranty of any k'nd; and (ii) is notsutable for legal, engheering 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/gis.info@hennepin.us RUN DATE:10/22/2020 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS LIST) PAGE:1 38 05-117-23 12 0009 38 32-118-23 43 0005 2ND AMDT&RESTMT P DUNN TRS RE&S J ROBERTSON REV TR 40 STUBBS BAY RD S 3535 WATERTOWN RD ORONO MN 55359 ORONO MN 55356 PHYLLIS C DUNN TRUSTEE SANDRA&ROBERT ROBERTSON 40 STUBBS BAY RD S 3535 WATERTOWN RD MAPLE PLAIN MN 55359 LONG LAKE MN 55356 38 05-117-23 12 0022 38 32-118-23 43 0006 C C KROLL ET AL TRUSTEES RE&S J ROBERTSON REV TR 60 STUBBS BAY RD S 3565 WATERTOWN RD ORONO MN 55359 ORONO MN 55356 CLEMENT C KROLL SANDRA&ROBERT ROBERTSON 60 STUBBS BAY RD S 3535 WATERTOWN RD MAPLE PLAIN MN 55359 LONG LAKE MN 55356 38 05-117-23 21 0001 CITY OF ORONO 55 STUBBS BAY RD S ORONO MN 55359 CITY OF ORONO CITY CLERK PO BOX 66 CRYSTAL BAY MN 55323 38 05-117-23 21 0021 M L JOSEPHSON/B L SCHMIDT 50 LANDMARK DR ORONO MN 55356 MICHAEL J JOSEPHSON BARBARA L SCHMIDT 50 LANDMARK DR LONG LAKE MN 55356 38 32-118-23 34 0004 GARRETT&ANDREA M GRONBERG 65 STUBBS BAY RD N ORONO MN 55359 ANDREA MARIE GRONBERG GARRETT GRONBERG 65 STUBBS BAY RD N MAPLE PLAIN MN 55359 38 32-118-23 34 0005 DENNIS M KRUMP 25 STUBBS BAY RD N ORONO MN 55359 DENNIS M KRUMP 25 STUBBS BAY RD N MAPLE PLAIN MN 55359 38 32-118-23 34 0006 J F DUNN&M A DUNN TRUSTEES 38 ADDRESS UNASSIGNED ORONO MN 00000 JOHN F DUNN 20 S BROWN RD PO BOX 77 LONG LAKE MN 55356 38 32-118-23 34 0011 W E SHATZER&L C SHATZER 3685 WATERTOWN RD ORONO MN 55359 WADE E&LAURA C SHATZER 3685 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 34 0012 W T C BERGERSON&J S WEINER 3745 WATERTOWN RD ORONO MN 55359 W THOMAS C BERGERSON JILL S WEINER 3745 WATERTOWN RD MAPLE PLAIN MN 55359 38 32-118-23 34 0014 DONALD BRUCE MALBY LIV TRUST 75 STUBBS BAY RD N ORONO MN 55359 BRUCE MALBY 75 STUBBS BAY RD N MAPLE PLAIN MN 55359 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. -cL0k0 To: Chair Ressler and Planning Commission Members Dustin Rief, City Administrator y � � G From: Jeremy Barnhart, AICP `gkESHO°' Community Development Director Date: November 16, 2020 Subject: #LA20-61, City of Orono Text Amendment: Expansion Permits Public Hearing Application Summary: A text amendment that would establish criteria and process for processing minor amendments, avoiding the variance process. Staff Recommendation: Planning Department Staff is requesting feedback regarding a proposed text amendment that would permit staff issued expansion permits. Background Currently, any improvement that does not conform to the applicable setbacks requires a variance, and the applicant must prove practical difficulties, among other standards. The Code Review Committee has discussed the desire to allow minor improvements to non- conforming structures without a variance for some time. The City of Mound provides a process where the Community Development Director may issue "minor expansion permits",for specific improvements and when specific criteria can be met. If considered a minor amendment, a variance would not be required, and no public hearing would be required. There are several benefits to this process: 1. the City can establish which modifications are considered "minor", and 2. the City can establish its own criteria when evaluating these proposals. In reviewing variances,the City must use at minimum State established standards. 3. the City can establish a process for review of these proposals. Request Staff is in the process of developing the ordinance,and seeks Planning Commission feed back prior to completing a draft. What constitutes a minor amendment? The City of Mound uses: i.A roof modification that increases the useable area within the same footprint without adding a full story to the structure; ii. A basement excavation within the existing structure footprint; iii.A one-story addition to an existing upper floor of a nonconforming structure that does not expand the footprint of the non-conforming structure and the one-story addition is less than 500 square feet in size; or FILE#LA20-61 November 16,2020 Page 2 of 2 iv. A one-story addition to the footprint of an existing, nonconforming structure that is less than 250 square feet in area. Does the Commission want to exclude expansions into certain areas? E.g. Lake Yard, Average Lake Shore setback. Does it want to modify or add other expansions e.g. relocation of hardcover? What criteria should staff consider when evaluating a minor amendment? The City of Mound uses the following: (1)the proposed expansion is a reasonable use of the property considering: i.function and aesthetics of the expansion. ii. absence of adverse off-site impacts such as from traffic, noise, odors and dust. iii. adequacy of off-street parking. (2)exceptional or extraordinary circumstances justifying the expansion are unique to the property and result from lot size or shape,topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. (3)the exceptional or extraordinary circumstances do not result from the actions of the applicant. (4)the expansion would not adversely affect or alter the essential character of the neighborhood. (5)the expansion requested is the minimum needed [to grant relief]. Public Comments To date, no public comments have been received. Planning Staff Recommendation The Planning Commission is asked to discuss the acceptable projects, and criteria. List of Exhibits Exhibit A. City of Mounds regulation Sec.78-xxx. Expansion Permit. (a) Classification of Expansion Permits. (1) Minor Expansion Permit.An expansion permit shall be considered a minor expansion permit when the request is for any of the following: i. A roof modification that increases the useable area within the same footprint without adding a full story to the structure; ii. A basement excavation within the existing structure footprint; iii.A one-story addition to an existing upper floor of a nonconforming structure that does not expand the footprint of the non-conforming structure and the one-story addition is less than 500 square feet in size; or iv. A one-story addition to the footprint of an existing, nonconforming structure that is less than 250 square feet in area. (2) Major Expansion Permit.An expansion permit shall be considered a major expansion permit unless specifically defined as a minor expansion permit in clause (a)(1) of this section. (b) Criteria.A major or minor expansion permit for a nonconforming structure may be issued, but is not mandated,to provide relief to the landowner where this chapter imposes practical difficulties to the property owner in the reasonable use of the land. In determining whether practical difficulties exist,the applicant must demonstrate that the following criteria exist: (1)the proposed expansion is a reasonable use of the property considering: i.function and aesthetics of the expansion. ii. absence of adverse off-site impacts such as from traffic, noise, odors and dust. iii. adequacy of off-street parking. (2)exceptional or extraordinary circumstances justifying the expansion are unique to the property and result from lot size or shape,topography, or other circumstances over which the owners of the property since enactment of this chapter have had no control. (3)the exceptional or extraordinary circumstances do not result from the actions of the applicant. (4)the expansion would not adversely affect or alter the essential character of the neighborhood. (5)the expansion requested is the minimum needed. (c) Procedure. (1)The person applying for a major or minor expansion permit shall fill out and submit to the planning staff an expansion permit request form with fee as required by City Code Chapter 101.A site plan with a certificate of survey must be attached at a scale large enough for clarity showing the following information: i. Location and dimensions of: 1. Lot; 2. Building; 3. Driveways; and 4. Off-street parking spaces. ii. Distance between: 1. Building and front,side, and rear lot lines; 2. Principal building and accessory buildings; 3. Principal building and principal buildings on adjacent lots. iii.The location of signs, easements, underground utilities, etc. iv. Any additional information as may be reasonably required by the planning staff and applicable sections of this zoning chapter. (2) Minor Expansion Permit i.The planning staff will refer a minor expansion permit application to the Community Development Director for review.The Community Development Director shall grant or deny the application administratively and may impose administratively any reasonable conditions the Community Development Director deems necessary to protect the public health,safety and welfare and the essential character of the neighborhood,to insure compliance with this chapter, or to protect the adjacent property. ii.The Community Development Director may refer an application for a minor expansion permit to the Planning Commission and City Council, as if the application is for a major expansion permit,when the Community Development Director determines that the application requires additional review and consideration by the Planning Commission and City Council. iii.An applicant may appeal the determination of the Community Development Director in accordance with Article II, Division 3 Appeals and Variances. (3) Major Expansion Permit i.The planning staff shall refer a major expansion permit application to the Planning Commission for review. If it recommends approval of the major expansion permit, it may include conditions it considers necessary to protect the public health,safety and welfare and the essential character of the neighborhood. ii. Upon receiving the recommendation of the Planning Commission the Council may place the request on the agenda for formal review. If it grants a major expansion permit,the Council may impose any reasonable condition in order to insure compliance with this chapter, or to protect adjacent property. If no recommendation has been transmitted by the Planning Commission within 60 days of the date of the application,the Council, at its discretion, may place the request on the agenda for review. (d)Term. A major or minor expansion permit will automatically expire and be of no further force and effect if no building permit has been issued within one year of the date of approval of the major or minor expansion permit.The applicant may petition for an extension of time in which to have a building permit issued. Such extension shall be requested in writing and filed with the Building Official at least thirty(30) days before the expiration of the original major or minor expansion permit. It is the applicant's responsibility to monitor the expiration of the major or minor expansion permit.There shall be no charge for the filing of such petition.The request for extension shall state facts demonstrating a good faith attempt to complete the major or minor expansion as permitted in the expansion permit. Such petition shall be presented to the Planning Commission for a recommendation to the City Council for decision. Once the project is completed as approved,the major or minor expansion permit become perpetual subject to the limitations contained in the major or minor expansion permit itself.The structure authorized by the major or minor expansion permit will be treated in all respects as a nonconforming structure. (e) Denial and Reconsideration. Whenever a major or minor expansion permit has been considered and denied by the Community Development Director, a similar application and proposal for a major or minor expansion permit shall not be considered again by the City for at least one (1)year from the date of its denial, unless a decision to reconsider such matter is made by the City Council. (f)Specific project.The major or minor expansion permit is only valid for the project for which it was granted. Construction of any project must be in substantial compliance with the building plans and specifications reviewed and approved. (g) Recording. A certified copy of the major or minor expansion permit must be filed by the applicant with the Hennepin County recorder or the Hennepin County registrar of titles.The major or minor expansion permit must contain a legal description of the property affected.